Chapter 11

§ 1101 Creation of Legislative Council; composition. There is created a Legislative Council which shall be composed of 10 members of the General Assembly as follows: (1) From the Senate: The President Pro Tem, the Majority Leader, the Minority Leader, 1 member appointed by the President Pro Tem and 1 member appointed by the Minority Leader. (2) From the House: The Speaker of the House, the Majority Leader, the Minority Leader, 1 member appointed by the Speaker and 1 member appointed by the Minority Leader. 29 Del. C. 1953, §  1101; 55 Del. Laws, c. 322 ; 59 Del. Laws, c. 253, §  14 ; § 1102 Term of office; vacancy. (a) The members of the Council who are not appointed shall serve during their term of office in the General Assembly and until their successors are selected. The members of the Council who are appointed shall be appointed at the first annual session of every new General Assembly and shall serve during their term of office in the General Assembly and until their successors are selected. (b) In the case of a vacancy in the office of any member of the Council who is not appointed, a successor shall serve during such member’s term of office in the General Assembly and until a successor has been selected. In the case of a vacancy in the office of any member of the Council who is appointed, a successor shall be appointed by the member of the Council occupying, at the time of the vacancy, the office from which the appointment was made. 29 Del. C. 1953, §  1102; 55 Del. Laws, c. 322 ; 70 Del. Laws, c. 186, §  1 ; § 1103 Chairperson and Vice-Chairperson of the Council. (a) The President Pro Tem shall be Chairperson of the Council during odd-numbered years and Vice-Chairperson during even-numbered years. (b) The Speaker shall be Chairperson of the Council during even-numbered years and Vice-Chairperson during odd-numbered years. 29 Del. C. 1953, §  1103; 55 Del. Laws, c. 322 ; 70 Del. Laws, c. 186, §  1 ; § 1104 Duties of the Council. The Council shall: (1) Summarize and digest information on matters relating to the general welfare of the State; (2) On its own initiative or at the direction of the General Assembly or of the Senate or House, make studies on subjects of interest and concern and, based thereon, recommend such legislation as the welfare of the State may require; (3) Recommend such codification and general revision of the Constitution and the laws of the State as may from time to time be necessary; (4) Recommend such changes in the rules and procedures of the Senate and House as may advance the consideration of legislation by the General Assembly; (5) Cooperate with and assist the work of interim committees or of commissions appointed at the direction of the General Assembly or of the Senate or House; (6) Cooperate with the appropriate committees of the General Assembly or of the Senate or House to assure efficient utilization of its employees; (7) Arrange for the obtaining of the printing needs and supplies and equipment of the General Assembly, subject to the laws of the State relating to the purchasing of state supplies; (8) Employ such staff as it deems necessary to carry out this chapter; (9) Prepare or cause to be prepared and drafted such bills, amendments, joint and concurrent resolutions, resolutions, memorials and revisions and substitutes thereto which are proposed to be introduced into the General Assembly as may be requested by any member of the General Assembly and otherwise render assistance, aid, information, counsel and advice in the preparation and drafting of any such proposed legislation; (10) Collect or call to be collected all available information relating to any matter which is the subject of proposed legislation by the General Assembly, to examine acts of any other state and to investigate all available sources of information; (11) Answer any and all inquiries for bills, resolutions, committee reports and abstracts, excerpts or copies of Laws of Delaware within the limits of available time and moneys and charging out-of-pocket expenses where such is determined appropriate for such abstracts, excerpts or copies; (12) In general, act as a reference bureau for all matters relating or pertaining to legislative matters and subjects, whether enacted by this State or any other state or whether proposed by this or other states, at the request of any member of the General Assembly. 29 Del. C. 1953, §  1104; 55 Del. Laws, c. 322 ; 59 Del. Laws, c. 253, §  13 ; § 1105 Powers of the Council. The Council shall: (1) Receive recommendations and suggestions for studies or legislation from all sources; (2) Appoint committees and subcommittees which shall include only members of the General Assembly and at least 1 Council member and which shall be subject to the authority of the Council; (3) Adopt such rules and procedures as may be necessary or appropriate to carry out its duties; (4) Request information from any officer or agency of the State or of its political subdivisions bearing on subjects under consideration by the Council or by any of its committees or subcommittees. 29 Del. C. 1953, §  1105; 55 Del. Laws, c. 322. ; § 1106 Director of the Division of Legislative Services; qualifications; compensation; removal. (a) The Council shall appoint, with the consent of a majority of the members elected to each House of the General Assembly, a Director of the Division of Legislative Services (“Director”) who shall serve full time. The Director shall: (1) Be licensed to practice law before the Supreme Court of this State; or (2) Have been awarded a master of arts or master of science degree from an accredited college or university; or (3) Have been awarded a bachelor of arts or a bachelor of science degree from an accredited college or university and have had 3 years experience in governmental research. (b) The Director shall receive such compensation as shall be determined by the Council, subject to the limitations contained in the annual appropriation act. (c) The Director, upon appointment, shall serve for so long as the Director properly performs the duties of Director and shall not be removed except for cause and only then upon the affirmative vote of 8 members of the Council. (d) Division of Legislative Services. — There is created a Division of Legislative Services to assist the Director of the Division of Legislative Services in performing the functions assigned under § 1107 of this title and other Delaware law. 29 Del. C. 1953, §  1106; 55 Del. Laws, c. 322 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 35 ; 85 Del. Laws, c. 120, § 1 ; § 1107 Duties of the Director of the Division of Legislative Services. (a) The Director of the Division of Legislative Services (“Director”) shall: (1) Organize and supervise the Division of Legislative Services; (2) Submit and publish such reports as the Council directs; (3) Employ or engage assistants, stenographers and other persons or research agencies, subject to the approval of the Council; (4) Assist any member of the General Assembly with respect to present or prospective legislation within the limits of the Director’s staff and budget. (b) The Director shall be the Secretary of the Council. The Director shall prepare the agenda for meetings pursuant to the direction of the Chairperson. The Director shall cause to be kept the minutes of the Council and shall submit a copy thereof to the members of the General Assembly within 15 days of each meeting of the Council. 29 Del. C. 1953, §  1107; 55 Del. Laws, c. 322 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 36 ; § 1108 Meetings; quorum. (a) The Council shall meet at the call of the Chairperson and at such place as the Chairperson shall designate. Meetings of the Council shall also be called by the Chairperson upon the written request of 6 members and upon 48 hours’ notice to the members of the Council. (b) No less than 6 members of the Council shall constitute a quorum, and no act of the Council shall be valid unless approved by at least 6 members. 29 Del. C. 1953, §  1108; 55 Del. Laws, c. 322 ; 66 Del. Laws, c. 54, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1109 Annual report. The Council shall submit an annual report of its activities to the members of the General Assembly and to the Governor, which shall become a part of the journal of the Senate and House. 29 Del. C. 1953, §  1109; 55 Del. Laws, c. 322. ; § 1110 Controller General; responsibility; duties; compensation. (a) (1) The Council shall appoint a Controller General who, primarily, shall work with and assist the General Assembly’s Joint Finance Committee and Joint Committee on Capital Improvement. (2) The Council shall provide for additional employees, including a Deputy Controller General, as may be necessary to enable the Controller General to perform the functions assigned under this section or other law of this State. (3) There is created an Office of the Controller General to assist the Controller General in performing the functions assigned under this section and other Delaware law. (b) (1) If the Controller General dies, resigns, or is removed, the Deputy Controller General serves as Acting Controller General until the Council appoints a Controller General. (2) The Controller General may, during an absence from the State, appoint the Deputy Controller General to serve as Acting Controller General during the Controller General’s absence. (3) The Controller General or Council may appoint the Deputy Controller General to serve as Acting Controller General when the Controller General is temporarily incapacitated. (c) (1) The Controller General shall do all of the following: a. Participate in any or all hearings held by the Joint Finance Committee, the Joint Committee on Capital Improvement, the Director of the Office of Management and Budget, or other state agencies in connection with contemplated general fund budget appropriations, capital improvement programs, or supplementary appropriations. b. Prepare fiscal projections under Chapter 19 of this title. c. Prepare fee impact statements under § 913 of this title. d. Perform other duties as may be assigned or delegated by the Council. (2) The Controller General may do all of the following: a. Access records of all state agencies. A state agency shall provide the access requested by the Controller General. b. Request from a state agency all reasonable information and data as directed by the Joint Finance Committee or Joint Committee on Capital Improvement to assist the General Assembly in the effective discharge of its state financial responsibilities. A state agency shall provide information and data requested by the Controller General. (d) The Controller General may perform management and program reviews. Management and program reviews include any analyses necessary to determine operational efficiency and effectiveness, compliance with the laws of this State, and legislative intent. (e) The Controller General, Deputy Controller General, and any other individuals employed to assist the Controller General shall receive compensation, including salaries and other necessary expenses, as determined by the Council, subject to the limitations imposed in the annual appropriation act. 29 Del. C. 1953, §  1110; 57 Del. Laws, c. 277 ; 62 Del. Laws, c. 277, §  18 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(13) ; 83 Del. Laws, c. 274, § 1 ; 85 Del. Laws, c. 120, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1120 Custody. The Director of the Division of Legislative Services, or the Director’s designee, shall receive and exercise control over all inventory of Session Laws and legislative journals for sale and distribution as provided by law. 59 Del. Laws, c. 253, §  12 ; 64 Del. Laws, c. 329, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 37 ; § 1121 Sale. The Director of the Division of Legislative Services, or the Director’s designee, shall make available for sale all inventories of Session Laws and legislative journals in the State for such sum not less than the cost for preparation. All sums received from the sale of books shall become a part of the General Fund of this State. Sale of the Delaware Code and the Delaware Code pocket parts shall be in accordance with § 108 of Title 1. 59 Del. Laws, c. 253, §  12 ; 64 Del. Laws, c. 329, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 38 ; § 1122 Distribution to state agencies and legislators. The Director of the Division of Legislative Services (“Director”), or the Director’s designee, shall distribute gratis copies of the Session Laws and legislative journals in the inventory to such agencies and public officials of the State as show a need for them. As soon as possible after publication, the Director, or the Director’s designee, shall distribute gratis to each person who was a member of the General Assembly to which the books related a copy of the Session Laws enacted by that General Assembly and a copy of the journals of that session. 59 Del. Laws, c. 253, §  12 ; 64 Del. Laws, c. 329, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 39 ; § 1123 Free distribution with libraries. The Director of the Division of Legislative Services, or the Director’s designee, shall transmit a copy of the Session Laws and a copy of the journal of each House as soon after the books are published as practical to each of the following: The Library of Congress, the Delaware Historical Society, the Wilmington Institute Free Library, and to public law libraries within the State, 2 copies each. No agency except a public law library shall be entitled to receive gratis more than 1 copy of each book from the State, from whatever source received. 59 Del. Laws, c. 253, §  12 ; 64 Del. Laws, c. 329, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 40 ; § 1124 Exchanging. The Director of the Division of Legislative Services, or the Director’s designee, in conjunction with the State Law Library in Kent County shall forward a copy of the Session Laws and the legislative journals published by or under the authority of the State to each state, territory or district of the United States which exchanges its books with the State Law Library in Kent County and may exchange books with any province of Canada and foreign country that exchanges its books with the State Law Library in Kent County. In the event that any state, territory, district, province or country does not exchange Session Laws and legislative journals published by it or under its authority or does not exchange a book or set of books equivalent to sets of books published by the State, then the Director, or the Director’s designee, may refuse to transmit to such state, territory, district, province or country such books of the State. The Director, or the Director’s designee, may also exchange books of the State for books of equal value received from other sources. 59 Del. Laws, c. 253, §  12 ; 64 Del. Laws, c. 329, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 255, § 41 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1131 Legislative findings. The General Assembly has conferred on boards, commissions, departments, and other agencies of the Executive Branch of State Government the authority to adopt regulations. The General Assembly has found that this delegation of authority has resulted in regulations being promulgated without effective review or oversight and conformity to legislative intent. The General Assembly finds that it must provide a procedure of oversight and review of regulations under this delegation of legislative power to curtail excessive regulations and to establish a system of accountability. The intent of this subchapter is to establish an effective method of ongoing review, accountability, and oversight of regulations. Further intent of this subchapter is to provide review by requiring a comment period following the proposal of regulations and requiring the agency to review any comments submitted. 69 Del. Laws, c. 107, §  4 ; 71 Del. Laws, c. 48, §  1 ; 85 Del. Laws, c. 386, § 2 ; § 1132 Definitions. As used in this subchapter: (1) “Agency” means as defined in § 10102 of this title. (2) “Division” means the Division of Legislative Services as established under this chapter. (3) “Official regulation” means a regulation in its final form as adopted by an order as defined in § 10118 of this title and filed with the Registrar of Regulations. (4) “Register of Regulations” means a publication authorized and recognized by law published for public information purposes, providing public notice of changes in agency regulations, whether new, modified, or repealed, together with supplemental information as the Registrar deems appropriate. (5) “Registrar” means an employee of the Division charged with the responsibility of compiling, maintaining, and publishing the Register of Regulations. (6) “Regulation” means as defined in § 10102 of this title. 69 Del. Laws, c. 107, §  4 ; 71 Del. Laws, c. 48, §  2 ; 72 Del. Laws, c. 88, §  1 ; 84 Del. Laws, c. 255, § 42 ; 85 Del. Laws, c. 68, § 41 ; 85 Del. Laws, c. 386, § 3 ; § 1133 Register of Regulations. The Division shall establish, maintain, and publish an official Register of Regulations. The Register of Regulations shall provide public notice of each proposed regulation to be adopted, amended, or repealed, indexed by agency and subject matter, with all of the following: (1) Text or summary of the proposed regulation to be adopted, amended, or repealed; nature of the proceedings including a synopsis of the subject, substance, issues, and possible terms of the agency action; and a reference to the legal authority of the agency to act. (2) A statement of the manner in which persons may present their comments, as follows: a. If in writing, to whom, in what manner, and the final date by which the views may be submitted. b. If at a public hearing, the date, time, and place of the hearing. (3) The place where the proposed regulations to be adopted, amended, or repealed may be inspected or copied. (4) The fee or other requirements for obtaining copies of the proposed regulation. 69 Del. Laws, c. 107, §  4 ; 71 Del. Laws, c. 48, §  3 ; 72 Del. Laws, c. 88, §  2 ; 85 Del. Laws, c. 386, § 4 ; § 1134 Powers and duties of the Registrar in preparation and maintenance of the Register of Regulations [Effective until July 1, 2027]. (a) The Registrar, in the course of compiling and maintaining the Register of Regulations, shall do all of the following: (1) Notify each agency authorized to make regulations that the agency is to submit to the Division copies of each proposed regulation and each subsequent amendment, repeal, or addition, and a statement of purpose of each. (2) Direct each agency as to the form and style of the regulations and, to the extent practicable, the classification into categories of substance, procedure, and organization. (3) Make, as needed, revisions to both proposed and existing regulations that do not alter the sense, meaning, or effect of the regulations, including all of the following: a. Renumbering and rearranging sections or parts of sections. b. Transferring sections or dividing sections to give to distinct subject matters a separate section number, but without changing the meaning. c. Inserting or changing the wording of headnotes. d. Changing reference numbers to agree with renumbered regulations or renumbered sections or subsections of regulations. e. Substituting the proper section or regulation number for the terms “this regulation,” “the preceding section,” and the like. f. Striking out figures where the figures are merely a repetition of written words or vice versa. g. Changing capitalization for the purpose of uniformity. h. Applying gender silent language when there is no ambiguity regarding the noun which a pronoun is meant to replace. i. Correcting manifest typographical and grammatical errors. j. Making other purely formal or clerical changes in keeping with the purpose of the revision. (4) Adopt rules and regulations. (5) Publish the full text or a summary of each proposed, final, or emergency regulation. (6) Publish the following month all proposed regulations received by the 15th of the month preceding. (b) The Registrar may include in the Register of Regulations other governmental information as the Registrar deems appropriate. 69 Del. Laws, c. 107, §  4 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 48, §§  4, 12 ; 72 Del. Laws, c. 88, §  3 ; 85 Del. Laws, c. 386, § 5 ; § 1134 Powers and duties of the Registrar in preparation and maintenance of the Register of Regulations [Effective July 1, 2027]. (a) The Registrar, in the course of compiling and maintaining the Register of Regulations, shall do all of the following: (1) Notify each agency authorized to make regulations that the agency is to submit to the Division copies of each proposed regulation and each subsequent amendment, repeal, or addition, and a statement of purpose of each. (2) Direct each agency as to the form and style of the regulations and, to the extent practicable, the classification into categories of substance, procedure, and organization. (3) Make, as needed, revisions to both proposed and existing regulations that do not alter the sense, meaning, or effect of the regulations, including all of the following: a. Renumbering and rearranging sections or parts of sections. b. Transferring sections or dividing sections to give to distinct subject matters a separate section number, but without changing the meaning. c. Inserting or changing the wording of headnotes. d. Changing reference numbers to agree with renumbered regulations or renumbered sections or subsections of regulations. e. Substituting the proper section or regulation number for the terms “this regulation,” “the preceding section,” and the like. f. Striking out figures where the figures are merely a repetition of written words or vice versa. g. Changing capitalization for the purpose of uniformity. h. Applying gender silent language when there is no ambiguity regarding the noun which a pronoun is meant to replace. i. Correcting manifest typographical and grammatical errors. j. Making other purely formal or clerical changes in keeping with the purpose of the revision. (4) Adopt rules and regulations. (5) Publish the full text or a summary of each proposed, final, or emergency regulation. (6) Publish the fifteenth of the month a Register of Regulations containing the regulations received by the first of that month that comply with Chapters 101 and 104 of this title and rules or regulations that the Registrar adopts under this section. (b) The Registrar may include in the Register of Regulations other governmental information as the Registrar deems appropriate. 69 Del. Laws, c. 107, §  4 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 48, §§  4, 12 ; 72 Del. Laws, c. 88, §  3 ; 85 Del. Laws, c. 386, § 5 ; § 1135 Duties of state agencies. (a) On the Registrar’s request, each agency shall submit to the Registrar a general description of the agency’s organization; the agency’s methods of operation; the agency’s name, address, and telephone number of a contact person that is responsible for submitting to the Registrar adopted regulations, proposed regulations, or regulations to be repealed; and a current copy of existing regulations. (b) The contact person under subsection (a) of this section must have a general working knowledge of the agency’s functions, responsibilities, and internal procedures and familiarity with the Administrative Procedures Act. (c) The submission under section (a) of this section must include a brief statement of the nature and requirements of each rule of practice and the procedure that the agency uses to exercise the agency’s statutory authority to adopt regulations. 69 Del. Laws, c. 107, §  4 ; 69 Del. Laws, c. 181, §  2 ; 71 Del. Laws, c. 48, §§  5, 6 ; 85 Del. Laws, c. 386, § 6 ; § 1136 Public distribution of the register. (a) The Division shall publish the Register of Regulations for public distribution on the date required under § 1134(a)(6) of this title. (b) The Register of Regulations must be made available in print to the public for inspection and a copy provided to each person requesting a copy. The copy must be provided for a nominal fee that the Registrar sets. The amount charged for a copy of the Register of Regulations must approximate and reasonably reflect costs necessary to defray the expenses of the Register of Regulations and the proportional expenses that the Division incurs in carrying out the responsibilities of this subchapter. (c) On request, printed copies of the Register of Regulations must be provided to each law library located within each county, to each public library in each county, and to the Director of the Division of Libraries. Copies must be provided gratis to the 2 state daily newspapers. (d) Additions or corrections to the Register of Regulations must be made available as soon as practicable. 69 Del. Laws, c. 107, §  4 ; 85 Del. Laws, c. 386, § 7 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }