LAWS OF DELAWARE
VOLUME 83
CHAPTER 458
151st GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 453
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GENERAL ASSEMBLY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 701, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 701. Designation of meetings of General Assembly.
(a)(1) The meetings of the General Assembly shall are to be designated by numbers with a new consecutive number designated every 2 calendar years. The General Assembly sitting in 1961 and 1962 shall is to be designated as the 121st General Assembly.
(2) The session of the General Assembly commencing on the first Tuesday of January, 1961, shall is to be designated as the first regular session of the 121st General Assembly. The session of the General Assembly commencing on the first Tuesday of February, 1962, shall is to be designated as the second regular session of the 121st General Assembly.
(3) The After the 121st General Assembly, a subsequent regular sessions session of the General Assembly commencing in odd years shall be known an odd year is to be designated as the first regular session of a General Assembly and the a regular sessions session commencing in even years shall be known an even year is to be designated as the second regular session of a numbered General Assembly.
(b) A special session of a General Assembly shall be so is to be designated through a distinguishing designation.
(c) This The method of designation shall be under this section must be used in all official references to the General Assembly and its sessions.
Section 2. Amend § 702, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 702. Oaths of office.
The proper oaths An oath of office may be administered by any of the following:
(1) to members of either A member of a House of the General Assembly by to any other member of the same branch House.
(2) and to the Clerk and Sergeant At Arms of either House by the Speaker thereof. The President or President Pro Tempore of the Senate to the Secretary of the Senate and other officers of the Senate.
(3) The Speaker of the House of Representatives to the Chief Clerk of the House of Representatives and other officers of the House of Representatives.
Section 3. Amend § 703, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 703. Delivery of election certificates.
(a) The Senate may compel a delivery to it the delivery of the certificate of election of Governor or Lieutenant Governor or of the election of any of its members and for that purpose may arrest and, for that purpose, may order and cause the arrest of any officer presiding at a board of canvass and punish as a contempt the neglect to deliver such certificate. a certificate of election.
(b) The House of Representatives may compel the delivery of the certificate of election of any of its members by like proceeding. the process under subsection (a) of this section.
Section 4. Amend § 704, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 704. Powers respecting elections and election contests.
(a)(1) The Senate and House of Representatives may compel the delivery of ballot boxes to either House, as provided by § 5716 of Title 15. the Senate and, for that purpose, may order and cause the arrest of the Sheriff or other person having custody of the ballot boxes and punish as a contempt the failure to deliver the ballot boxes.
(2) The House of Representatives may compel and enforce the delivery of ballot boxes to the House as the Senate may by the process under paragraph (a)(1) of this section.
(b) Whenever there shall be When there is a vacancy in either House of the General Assembly, Assembly when the same shall be that House of the General Assembly is in session, the Presiding Officer of the House in which the vacancy exists shall issue a writ of election to fill the vacancy, as prescribed by §§ 7101-7109 Chapter 71 of Title 15.
(c) [Repealed.]
(d) Any order for the payment of costs by the contestant, in case of a contested election for members of the General Assembly, shall be enforced by a writ issued by the Speaker or President, as the case may be, of the House in which such election was contested, as provided by § 5908 of Title 15. If the election or eligibility of a member of the Senate or House of Representatives is contested under subchapter I of Chapter 59 of Title 15, the President of the Senate or Speaker of the House of Representatives, as the case may be, shall issue a writ to order the payment of costs by the contestant under § 5908 of Title 15.
Section 5. Amend § 705, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 705. Power of subpoena; administration of oaths or affirmations; penalties for noncompliance.
(a) Whenever it is necessary in connection with any of the powers and duties of the General Assembly of the State, the Senate or the House of Representatives may may, by issuing subpoenas and any other necessary legal process, do the following:
(1) require Require the attendance of any resident of the State and this State.
(2) may require any Require a resident of this State to produce any records or papers in the resident’s possession located within the State by issuing subpoenas and any other necessary legal process. this State.
(b) Any An individual who is a member of the General Assembly may administer oaths or affirmations to witnesses in connection with any hearing or investigation conducted by the House of which such person the individual is a member or a committee of which such person the individual is a member.
(c) Whoever does any of the following is to be fined not more than $1,000, or imprisoned not more than 12 months, or both:
(1) having Having been summoned as a witness as provided in under subsection (a) of this section willfully makes default section, wilfully makes default.
(2) or whoever, having Having appeared, refuses to answer any a question pertinent to the question under inquiry inquiry.
(3) or whoever having Having possession of records required in a subpoena subpoena, fails to produce the same shall be fined not more than $1,000, or imprisoned not more than 12 months, or both. records as required under subsection (a) of this section.
(d) Nothing in this section shall is to be construed as a waiver by the General Assembly of its the General Assembly’s inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a court.
Section 6. Amend § 706, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 706. Notice of petition for private act.
A petition for any private act shall not be received or acted upon by the General Assembly unless 1 month’s notice of the intention to present such petition has either been served in writing upon the person or persons to be affected by such act or published in a newspaper published within the county of the petitioner’s residence, if there is one or, if there is none, then in a newspaper published within the State. Proof of such notice may be dispensed with if the object of the petition is of such nature that no person other than the petitioner can be affected thereby. [Repealed.]
Section 7. Amend § 707, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 707. Supplies and postage. Stationery.
All stationery, supplies and postage for the use of the General Assembly shall be purchased by the Legislative Council pursuant to § 708 [repealed] of this title and Chapter 68 [repealed] of this title and shall be kept in the control of the Legislative Council, which shall be the custodian and dispenser of all such stationery, supplies and postage to the members of the General Assembly. The Division of Research shall provide stationery for the use of the General Assembly and its members.
Section 8. Amend § 709, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 709. Withholding of compensation.
(a) Any A member or officer of the General Assembly may elect to have withheld from the compensation paid to such the member or officer those sums of moneys required during each pay period for federal income tax, state income tax tax, and social security.
(b) Any A member or officer of the General Assembly making such election an election under subsection (a) of this section shall notify the State Treasurer in writing thereof, and the of the election. The State Treasurer, upon on receiving notice of such the election, shall withhold from the compensation paid to the member or officer of the General Assembly those sums of moneys required during each pay period for federal income tax, state income tax tax, and social security and make payment thereof of these moneys in accordance with federal and state laws.
Section 9. Amend § 710, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 710. Compensation of Lieutenant Governor and members of General Assembly.
(a) The Lieutenant Governor shall receive an annual salary of $76,250 for serving as President of the Senate, of which $13,725 shall be for performing other duties. as determined in the annual appropriations act.
(b) Effective July 1, 2001, each A member of the Senate and the House of Representatives shall is to receive an annual salary, as determined in the annual appropriations act, for the period commencing on the day after Election Day in the year in which the member is elected and extending through and including the day preceding Election Day in the year in which the term expires. The salary shall be payable biweekly and shall be lagged in accordance with the PHRST payroll system. received under this subsection is to be paid under § 2712 of this title.
(c) Any A member of the Senate or the House of Representatives who is elected or appointed to any of the following positions shall, is to receive, while serving in such the position, receive additional yearly compensation as follows:
(1) President Pro Tempore of the Senate $19,893.00 Senate, $20,291.
(2) Speaker of the House of Representatives 19,893.00 Representatives, $20,291.
(3) Majority and Minority Leader of the Senate 12,376.00 Senate, $12,624.
(4) Majority and Minority Leader of the House 12,376.00 House, $12,624.
(5) Chairperson Chair and Vice Chairperson Chair of the Joint Finance Committee 11,459.00 Committee, $11,688.
(6) Majority and Minority Whip of the Senate 7,794.00 Senate, $7,950.
(7) Majority and Minority Whip of the House 7,794.00 House, $7,950.
(8) Members of the Joint Finance Committee 9,626.00 Committee, $9,620.
(9) Chairperson Chair and Vice Chairperson of the Capital Improvement Program Committee 4578.00 Chair of the Joint Committee on Capital Improvement, $4,670.
(10) Members of the Capital Improvement Program Committee 3,852.00 Joint Committee on Capital Improvement, $3,929.
(11) Chairperson Chair and Vice Chairperson Chair of the Joint Legislative Oversight and Sunset Committee 4,578.00 Committee, $4,670.
(12) Members of the Joint Legislative Oversight and Sunset Committee 3,852.00 Committee, $3,929.
(d) A member of the General Assembly shall be entitled to Senate or the House of Representatives who is elected or appointed to 2 positions under subsection (c) of this section may receive the higher of any one of the above stipends compensation for the position the member is elected or appointed to with the greater compensation and receive 1/2 of the amount of a second stipend of an equal or lesser amount. the compensation for the other position to which the member is elected or appointed. Eligible recipients of a second stipend compensation for a second position may choose not to accept such additional stipend. the compensation.
(e)(1) The stipend or stipends included herein shall commence immediately when such member is elected or appointed to such position or positions. Payments to such members shall be as described in § 2712 of this title. A member of the Senate or the House of Representatives is to receive the compensation required under subsections (c) and (d) of this section beginning on the following date:
a. For a member elected to a position under paragraphs (c)(1) or (2) of this section, the date the Senate or the House, as appropriate, votes to elect the member to the position.
b. For a member elected to a position under paragraphs (c)(3), (4), (6), or (7) of this section, the date the member’s election is announced to a session of the Senate or the House, as appropriate.
c. For a member appointed to a position under paragraphs (c)(5) or (8) through (12) of this section, the date the member’s appointment is communicated to the Secretary of the Senate or Chief Clerk of the House, as appropriate.
(2) The compensation received under subsections (c) and (d) of this section is to be paid under § 2712 of this title.
(d)(f) Any A member of the Senate or the House of Representatives who is elected or appointed to any of the positions listed in a position under subsection (c) of this section and who is entitled to receive additional semimonthly compensation as provided by subsection (c) under subsections (c) and (d) of this section shall continue is to receive such semimonthly the compensation until the member’s successor has been elected or appointed. appointed or the General Assembly in which the member is elected or appointed expires, whichever comes first.
Section 10. Amend § 711, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 711. Expenses of members of General Assembly.
Every member of the General Assembly shall receive $2,637.60 annually for expenses, payable semimonthly commencing on the eleventh month, fifteenth day of the year in which the member is elected through the tenth month, thirty-first day of the year in which the member’s term expires.
Effective January 1, 1995, every member of the General Assembly shall receive annual expenses payable semimonthly for the period commencing on the first of the eleventh month in the year in which the member is elected through the thirty-first day of the tenth month in the year in which the term expires. In any calendar month, the first payment of 1/24 of the statutory or stipulated annual expenses shall be made on the fifteenth day of such month for the period from the sixteenth day through and including the last day of the preceding month; the second payment of 1/24 of the statutory or stipulated annual expenses shall be made on the last day of each month for the period from the first day through and including the fifteenth day of the current month.
A member of the Senate and the House of Representatives is to receive $7,481 annually for expenses. The expenses received under this subsection are to be paid under § 2712(a) of this title.
Section 11. Amend § 901, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 901. Altering, defacing, concealing, etc., or concealing bills or acts; penalties.
(a)(1) Whoever wilfully adds to, alters, defaces, erases, obliterates, mutilates, blots, blurs, steals, hides, conceals, destroys or misplaces, with intent to conceal, any It is unlawful to wilfully do any of the following to an act passed by the General Assembly of this State or any or a bill pending before either branch a House of the General Assembly or any committee thereof or any Assembly, a committee of a House of the General Assembly, or a joint committee of the 2 Houses General Assembly.
(2) is guilty of a felony and shall be fined A violation of paragraph (a)(1) of this section is a felony and is to be punished by a fine of not less than $100 nor more than $5,000 and costs of prosecution and shall also be imprisoned imprisonment of not less than 1 year nor more than 10 years.
(b) A bill within the meaning of this section shall be taken as pending from the time of its introduction until signed by the Speakers of both Houses. The bill shall then be taken for an act. For purposes of this section:
(1) “Act” means a bill that has been enacted under § 18 of Article III of the Delaware Constitution.
(2) “Bill pending” means a bill that is introduced but has not yet been enacted under § 18 of Article III of the Delaware Constitution.
(c) Alterations or amendments An alteration or amendment of an act passed by the General Assembly or a bill pending before a House of the General, a committee of a House of the General Assembly, or a joint committee of the General Assembly made in the regular course of proceedings shall not be construed as proceedings, including under Chapter 2 of Title 1 and §§ 904 and 906 of this title, is not a violation of this section.
(d) Nothing contained in this section shall This section does not prevent or limit either a House of the General Assembly from punishing for contempts an individual who violates paragraph (a)(1) of this section for contempt according to parliamentary usage, nor shall any such usage. A punishment for contempts contempt by a House of the General Assembly does prevent or limit prosecutions a prosecution under this section.
Section 12. Amend § 902, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 902. Preservation of bills and resolutions passed.
All bills and resolutions passed by the General Assembly which are published in the Session Laws shall are to be preserved by being printed or stenciled printed, stenciled, or typewritten and not copied or transcribed with the pen. The original of all bills and resolutions shall are to be produced in such a manner as approved by the State Archivist and Records Administrator and the Director of Research of the Legislative Council Council, or the Director’s designee designee, for permanency and legibility.
Section 13. Amend § 903, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 903. Appointment and duties of Bill Clerks.
(a) A Bill Clerk for the House of Representatives and 1 for the Senate shall be appointed by joint resolution at each session of the General Assembly. The Senate and the House of Representatives shall appoint a Bill Clerk for their respective House of the General Assembly.
(b) The Bill Clerks A Bill Clerk shall have general supervision over all bills and resolutions introduced at any a session of the General Assembly. When any a bill or resolution has passed passes both Houses, the Bill Clerks Houses of the General Assembly, the Bill Clerks shall attach a parchment backing to the bill or resolution, initial, seal resolution and initial and seal or stamp each and every page of each and every the bill or resolution so passed and present them to the presiding officers of the 2 Houses for their signatures. President Pro Tempore of the Senate and the Speaker of the House of Representatives for their signatures. The Bill Clerks shall then certify with the Secretary of the Senate and Clerk of the House, on the backing of each the bill or resolution, that the bill or resolution is the same as that which passed both Houses, and they the Bill Clerk of the House in which the bill or resolution was introduced shall then deliver the bill or resolution to the Chairpersons of the Passed Bill Committees of their respective Houses. The Bill Clerks, in addition to the duties prescribed in this section, shall be Clerks of the Passed Bill Committees. resolution, with an engrossment under § 904(a) of this section, if necessary, to the Secretary of the Senate, for a Senate bill or resolution, or the Chief Clerk of the House, for a House bill or resolution.
Section 14. Amend § 904, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 904. Passed Bill Committees; duties of. Engrossment; duty of Secretary of the Senate and Chief Clerk of the House as to passed bills or resolutions.
(a)(1) If a bill or resolution is amended before final passage, the Passed Bill Committees shall have prepared a corrected copy of the bill or resolution which may be typed, printed or stenciled. amended, the Division of Research shall prepare an engrossed copy of the bill or joint resolution for the Governor and publication in the Session Laws and the simple or concurrent resolution for publication on the General Assembly’s website.
(2) In preparing the engrossed copy of a bill or resolution, the Division of Research may correct manifest clerical, typographical, and grammatical errors caused by the bill or resolution being amended.
(3) In preparing the engrossed copy of a bill or resolution, the Division of Research shall proofread the engrossed copy before release to ensure accurate engrossment.
(b) The Chairpersons of the Passed Bill Committees shall deliver the bill or resolution to the Governor and take the Governor’s receipt therefor and report to their respective Houses the bills or resolutions so delivered. The Secretary of the Senate or the Chief Clerk of the House, as appropriate, shall do all of the following:
(1) Present to the Governor a bill or resolution that is required to be presented to the Governor under § 18 of Article III of the Delaware Constitution.
(2) Document the Governor’s receipt of a bill or resolution presented under paragraph (b)(1) of this section.
(3) Report to their respective Houses and the Division of Research on each bill or resolution presented under paragraph (b)(1) of this section.
(c) The Chairpersons of the Passed Bill Committees The Secretary of the Senate and the Chief Clerk of the House shall report to their respective Houses any on a bill or resolution which may become that becomes law without the Governor’s signature, in accordance with § 18, article III of the Constitution of the State. signature under § 18 of Article III of the Delaware Constitution. The House in which such act or resolution originated shall file it, under the hands of the presiding officer and clerk, with the Secretary of State, who The Division of Research shall publish the same as a law bill or resolution under § 906 of this title in the same manner as if the Governor had signed it.
(d) The Chairpersons of the Passed Bill Committees shall report at least weekly to their respective Houses the acts and joint resolutions that have been signed by the Governor. The Secretary of the Senate and the Chief Clerk of the House shall report to their respective members on the action taken by the Governor on each bill or resolution presented.
Section 15. Amend § 905, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 905. Legislative journal; compiling; printing; publication; content; disposition of originals.
(a) The legislative journals shall for the Senate and the House of Representatives required under § 10 of Article II of the Delaware Constitution must be published following each general election for the 2-year period immediately preceding such election and the pages shall be 6 inches by 9 inches. the election.
(b)(1) The full title of any a bill, joint resolution resolution, or concurrent resolution shall must be printed published not more than 3 times in either journal, once when introduced or presented in either House, once when voted upon on in either House House, and once in the index. In the event, however, that a substitute bill should change the wording of the title of any bill, then the full title of the substitute bill shall be printed 3 times only in the same manner as an original bill. The full title of a resolution not hereinbefore mentioned shall simple resolution must be printed published in its respective journal only twice, once when introduced and once in the index.
(2) All bills and resolutions shall elsewhere If a bill or resolution is published elsewhere in either journal, the bill or resolution is to be designated only by the initial letters and number only. assigned to the bill or resolution at introduction.
(c) The Secretary of the Senate shall prepare the journal text of, and index for, the Senate and the Chief Clerk of the House of Representatives shall prepare the journal text of of, and index for, the House of Representatives shall be prepared by the Clerk of the House and the journal text of the Senate shall be prepared by the Secretary of the Senate. The index for the house journal shall be prepared by the Chief Clerk of the House of Representatives and the index for the senate journal shall be prepared by the Secretary of the Senate. Representatives.
(d) [Repealed.]
(e) Committee action on bills and resolutions shall show The legislative journals must include committee action on a bill or resolution. The committee action on a bill or resolution must include all of the following:
(1) the The title to the bill or resolution only by the initial and number only assigned to the bill or resolution at introduction.
(2) and The action taken on the bill or resolution without naming the members of the committee.
(f) The rules of the Senate and of the House shall be printed in its respective journal in full. must be published in full in the Senate journal and the rules of the House must be published in full in the House journal. Joint rules of the Senate and House must be published in both journals.
(g)(1) The yeas and nays which are required to be published in the journal shall must be line in compact form.
(2) The certificate of election of no not more than 1 member from each county shall is to be printed published in full. A brief record that certificates of election of all other members were duly received and found to be correct shall suffice. suffices.
(3) Not more than 1 member’s constitutional oath of office and not more than 1 attache’s or employee’s oath shall is to be printed published in full. A brief record that all other oaths were administered shall suffice. suffices.
(h) The printing shall publication of the legislative journals is to be done in accordance with under contract made by the Director of Research of the Legislative Council Council, or the Director’s designee designee, and under the superintendence of the Clerks of the respective Houses. supervision of the Secretary of the Senate and Chief Clerk of the House of Representatives, as appropriate. The Secretary of the Senate and the Chief Clerk of the House, as soon as their respective journals have been printed and published, shall deliver the originals together with all communications, petitions petitions, and other related papers not otherwise provided for to the State Archivist and Records Administrator for proper disposition thereof. disposition.
Section 16. Amend § 906, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 906. Printing Publication of Session Laws; typographical errors; Executive Register.
(a)(1) The Director of Research of the Legislative Council Council (“Director”), or the Director’s designee shall designee, shall, as soon as practicable after the adjournment of the General Assembly have printed Assembly, have published accurately in volume form, with an index thereto, copies of all of the following:
a. bills enacted, Bills enacted.
b. all All resolutions enacted requiring the approval of the Governor, executive orders orders, and proclamations of the Governor, other than proclamations directing the repeal of corporate charters which are promulgated pursuant to legislative enactment, enactment.
c. municipal Municipal charters or amendments to municipal charters adopted pursuant to a referendum and filed with the Secretary of State pursuant to Chapter 8 of Title 22 Title 22.
d. and other Other legislative and executive papers as may be required by Legislative Council.
(2) The volume published under subsection (a) of this section is to be known as the Session Laws or the Laws of Delaware.
(3) The printing publication of the Session Laws shall is to be done under contract made by the Director of Research of the Legislative Council Director, or the Director’s designee designee, and in accordance with the specifications furnished by the Director.
(4) In the preparation of such the Session Laws for printing, the Director of Research of the Legislative Council or the Director’s designee in conjunction with the Delaware Code Revisors publication, the Director, or the Director’s designee, may do the following:
a. may correct obvious typographical errors but if there is any doubt as to whether a typographical error exists, the Director of Research of the Legislative Council or the Director’s designee and the Delaware Code Revisors shall print the law as enacted without correction. For a portion of a Session Law that is to be codified by the Code Revisors, and with the Code Revisors’ agreement, correct manifest clerical, typographical, and grammatical errors.
b. For a portion of a Session Law that is not to be codified by the Code Revisors, correct manifest clerical, typographical, and grammatical errors.
(b) The Secretary of State shall maintain and annually promulgate in such publish, in a manner as the Secretary of State shall determine determines, an Executive Register containing copies or abstracts of all official acts of the Governor and an index thereto, excepting therefrom acts and resolutions of the General Assembly.
Section 17. Amend § 907, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 907. Publication of private acts.
The Director of Research of the Legislative Council or the Director’s designee shall exclude from the publication of the Session Laws of this State all acts of a private nature, unless such acts contain a provision directing their publication. [Repealed.]
Section 18. Amend § 908, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 908. Recording of private acts.
Private acts such as are not of a public nature, nor published as such, shall be recorded in the Recorder’s office in 1 of the counties of this State within 12 months after their passage or they shall be void. Any person may, within that time, cause a copy, attested by the Secretary of State under the Secretary’s seal of office, to be recorded, and the record thereof or an office copy of such record shall be evidence. [Repealed.]
Section 19. Amend § 909, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 909. Fees for certified copies of private acts.
The Secretary of State shall demand and receive for the use of the State, on certifying any act or resolution of a private nature, a fee of $10, except that on certifying all acts of a private character pertaining to the acknowledgment or recording of deeds or other papers or to titles or conveyance of real estate the Secretary shall demand and receive for the use of the State a fee of $20 in each case. [Repealed.]
Section 20. Amend § 910, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 910. Consideration of agency rules during legislative interim.
(a) Where When an agency adopts a new rule or regulation, or makes a substantive change or amendment to its rules or regulations at any time a rule or regulation of the agency during the legislative interim between July 1 and the second Tuesday in January, and the chairperson chair of a standing committee of either house believes in good faith that such the rule, regulation, amendment or change or amendment to the rule or regulation impacts upon or is within the subject-matter jurisdiction of such standing the committee, the chairperson chair may schedule a meeting of the committee to consider such the rule, regulation, amendment or change. or amendment to the rule or regulation.
(b) Where When more than 1 standing committee wishes to hold a meeting to consider the same rule, regulation, amendment or change, or amendment to the rule or regulation, all such the standing committees shall become a joint committee and shall remain in being as a joint committee for that purpose until the 1st first day of the next following General Assembly session, or until the adjournment of such the joint committee. committee, whichever comes first. A standing committee may withdraw from the joint committee at any time. Each such joint committee shall consisting of standing committees from both Houses of the General Assembly must be co-chaired by a House standing committee chairperson chair and a Senate standing committee chairperson. chair.
(c) Each such joint committee shall have the power, by a majority vote of its members, to draft a committee report setting forth its suggestions and recommendations, and to request the President pro tempore Pro Tempore of the Senate or the Speaker of the House to call a special session to consider committee recommendations. Each joint committee shall provide its committee report shall be forwarded to the Joint Legislative Oversight and Sunset Committee.
Section 21. Amend § 911, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 911. Deliberative process.
(a)(1) Each A bill, resolution resolution, or other legislative matter assigned to a standing committee shall must pass through a prescribed deliberative process before being brought to the floor of either House, unless it the bill or resolution is sooner petitioned out of committee.
(2) Such The deliberative process shall required under paragraph (a)(1) of this section must include regularly scheduled preannounced meetings whereby the committee at which the standing committee does all of the following:
a. receives Receives testimony from the general public, including those affected by the proposed legislation; legislation.
b. considers Considers an analysis of the proposed legislation; legislation, including a fiscal note or fee impact statement prepared by the Office of the Controller General.
c. and by After notice to the sponsor, makes time available for each formal prime sponsor to explain the legislation and answer possible committee questions. questions from the standing committee.
(b) Each Thursday each standing committee shall release a committee agenda which shall include, among other things, must include all matters to be considered by the committee at its next meeting; that meeting, a listing of all bills being held in committee; in the committee, and any other announcements from the committee including the times, places places, and dates of future meetings.
(c) Minutes shall must be taken at each formal standing committee meeting, and the results of any a committee votes shall vote must be recorded. Committee members who dissent from any committee decision shall be permitted, in the minutes, to state such dissent and the reasons therefor. A committee member who dissents from a committee decision may state the member’s dissent and reasoning in the minutes.
Section 22. Amend § 912, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 912. Vote requirement for ratification of amendments to United States Constitution.
The General Assembly shall not take action on any proposed amendment to the Constitution of the United States unless approved by 2/3 approve a proposed amendment to the United States Constitution by a majority of the members elected to each branch House of the General Assembly in a roll call vote. vote. Such proposal shall The vote on the proposed amendment must be entered on the journals of each branch House with the “ayes” and “nays” taken thereon. on the vote. However, should the 2/3-vote requirement that the United States Congress presently requires to initiate an amendment to the United States Constitution change, this section shall simultaneously change so as to be compatible with the vote requirements of the United States Congress.
Section 23. Amend § 913, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 913. Legislation affecting fees charged by state agencies.
(a) All legislation proposing new fees or increases in existing fees charged by any state agency shall include therewith an explanation of: The Office of the Controller General shall prepare a statement to be attached to legislation that proposes a fee to be charged by, or an increase in a fee charged by, a state agency. The statement must include an explanation of all of the following:
(1) The purpose of the proposed new fee or fee increase; increase.
(2) A general identification of the persons, business entities entities, or organizations affected by the legislation; legislation.
(3) Impact of the proposed new fees fee or fee increases increase on these affected persons, business entities or organizations; entities, or organizations.
(4) Intended use by the agency of the revenues generated by the new fees or fee increases. proposed fee or fee increase.
(b)(1) The Office of the Controller General shall contact the state agency in preparation of the statement. The Office of the Controller General shall conduct such review or audit of the information offered by the agency pursuant to subsection (a) of this section as is provided by the agency as deemed necessary to evaluate the reasons presented for the new fees or fee increases, and shall issue a written report of its findings. proposed fee or fee increase and shall include in the statement a report of its findings.
(2) The written report of the Office of the Controller General’s findings shall be attached General shall attach the statement to the legislation by the sponsor of the legislation prior to before the legislation’s initial committee consideration in the House of origin.
(c) Each House may waive the requirements of this section as to any specific legislation pending before such the House by a vote of the majority of all members elected to such the House.
Section 24. Sections 9 and 10 of this Act take effect on November 9, 2022.
Approved October 14, 2022