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Statutes > Delaware > Title29 > C007

TITLE 29

State Government

The General Assembly

CHAPTER 7. GENERAL PROVISIONS

§ 701. Designation of meetings of General Assembly.

(a)(1) The meetings of the General Assembly shall be designated by numbers with a new consecutive number designated every 2 calendar years. The General Assembly sitting in 1961 and 1962 shall be designated as the 121st General Assembly.

(2) The session of the General Assembly commencing on the first Tuesday of January, 1961, shall 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 be designated as the second regular session of the 121st General Assembly. The subsequent regular sessions of the General Assembly commencing in odd years shall be known as the first regular session and the regular sessions commencing in even years shall be known as the second regular session of a numbered General Assembly.

(b) A special session of a General Assembly shall be so designated through a distinguishing designation.

21 Del. Laws, c. 9, § 4; 27 Del. Laws, c. 15; Code 1915, § 369; Code 1935, § 339; 29 Del. C. 1953, § 701; 53 Del. Laws, c. 188.;

§ 702. Oaths of office.

The proper oaths of office may be administered to members of either House of the General Assembly by any other member of the same branch and to the Clerk and Sergeant At Arms of either House by the Speaker thereof.

Code 1852, § 2354; Code 1915, § 4242; Code 1935, § 4712; 29 Del. C. 1953, § 702.;

§ 703. Delivery of election certificates.

The Senate may compel a delivery to it 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 any officer presiding at a board of canvass and punish as a contempt the neglect to deliver such certificate. The House of Representatives may compel the delivery of the certificate of election of any of its members by like proceeding.

Code 1852, § 475; 21 Del. Laws, c. 38, § 28; Code 1915, § 360; Code 1935, § 331; 29 Del. C. 1953, § 703.;

§ 704. Powers respecting elections and election contests.

(a) The Senate and House of Representatives may compel the delivery of ballot boxes to either House, as provided by § 5716 of Title 15.

(b) Whenever there shall be a vacancy in either House of the General Assembly, when the same shall be 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 §§ 7101-7111 of Title 15.

(c) Whenever there shall be a failure to choose 1 or more of the electors of President or Vice-President at any general election, the General Assembly shall convene and choose such elector or electors and certify the appointment of the elector or electors so chosen as prescribed by subchapter III of Chapter 73 of Title 15.

(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.

Code 1852, §§ 379, 404-407, 434; 21 Del. Laws, c. 38, § 31; Code 1915, § 365; Code 1935, § 336; 29 Del. C. 1953, § 704.;

§ 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 require the attendance of any resident of the State and may require any resident to produce any records or papers in the resident's possession located within the State by issuing subpoenas and any other necessary legal process.

(b) Any 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 is a member or a committee of which such person is a member.

(c) Whoever having been summoned as a witness as provided in subsection (a) of this section willfully makes default or whoever, having appeared, refuses to answer any question pertinent to the question under inquiry or whoever having possession of records required in a subpoena fails to produce the same shall be fined not more than $1,000, or imprisoned not more than 12 months, or both.

(d) Nothing in this section shall be construed as a waiver by the General Assembly of its inherent right to issue subpoenas and to punish for contempt of the General Assembly without the intervention of a court.

Code 1852, § 2355; Code 1915, § 4243; Code 1935, § 4713; 29 Del. C. 1953, § 705; 50 Del. Laws, c. 382, § 1; 70 Del. Laws, c. 186, § 1.;

§ 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.

Code 1852, §§ 476, 477; Code 1915, § 361; Code 1935, § 332; 29 Del. C. 1953, § 706.;

§ 707. Supplies and postage.

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.

24 Del. Laws, c. 88, §§ 1-3; Code 1915, § 364; 36 Del. Laws, c. 73, § 8; Code 1935, §§ 253, 335; 29 Del. C. 1953, § 707; 51 Del. Laws, c. 134, § 4; 59 Del. Laws, c. 253, § 5.;

§ 708. Requisition of supplies and postage.

Repealed by 59 Del. Laws, c. 253, § 6, eff. Feb. 5, 1974.

§ 709. Withholding of compensation.

Any member or officer of the General Assembly may elect to have withheld from the compensation paid to such member or officer those sums of moneys required during each pay period for federal income tax, state income tax and social security. Any member or officer of the General Assembly making such election shall notify the State Treasurer in writing thereof, and the State Treasurer, upon receiving notice of such 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 and social security and make payment thereof in accordance with federal and state laws.

29 Del. C. 1953, § 709; 56 Del. Laws, c. 370, § 1.;

§ 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.

(b) Effective July 1, 2001, each member of the Senate and the House of Representatives shall receive an annual salary, as determined in the annual appropriations act, for the period commencing on 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.

(c) Any member of the Senate or the House of Representatives who is elected or appointed to any of the following positions shall, while serving in such position, receive additional yearly compensation as follows:

(1) President Pro Tempore of the Senate $19,893.00

(2) Speaker of the House of Representatives 19,893.00

(3) Majority and Minority Leader of the Senate 12,376.00

(4) Majority and Minority Leader of the House 12,376.00

(5) Chairperson and Vice Chairperson of the Joint Finance

Committee 11,459.00

(6) Majority and Minority Whip of the Senate 7,794.00

(7) Majority and Minority Whip of the House 7,794.00

(8) Members of the Joint Finance Committee 9,626.00

(9) Chairperson and Vice Chairperson of the Capital =p2;2 Improvement Program Committee 4,578.00

(10) Members of the Capital Improvement Program =p2;2 Committee 3,852.00

(11) Chairperson and Vice Chairperson of the Joint =p2;2 Sunset Committee 4,578.00

(12) Members of the Joint Sunset Committee 3,852.00

A member of the General Assembly shall be entitled to receive the higher of any one of the above stipends and receive one-half of the amount of a second stipend of an equal or lesser amount. Eligible recipients of a second stipend may choose not to accept such additional stipend. 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.

(d) Any member of the Senate or the House of Representatives who is elected or appointed to any of the positions listed in subsection (c) of this section and who is entitled to receive additional semimonthly compensation as provided by subsection (c) of this section shall continue to receive such semimonthly compensation until his or her successor has been elected or appointed.

60 Del. Laws, c. 82, § 1; 60 Del. Laws, c. 98, § 1; 62 Del. Laws, c. 68, §§ 89-91; 62 Del. Laws, c. 277, §§ 15, 16, 38; 63 Del. Laws, c. 80, §§ 16, 17, 48; 63 Del. Laws, c. 322, §§ 19, 20, 47; 64 Del. Laws, c. 220, §§ 13-15; 64 Del. Laws, c. 225, § 7; 64 Del. Laws, c. 334, §§ 11(f)-(h), 33, 34, 78(a); 69 Del. Laws, c. 64, § 10(e); 69 Del. Laws, c. 291, §§ 10(e), 38; 70 Del. Laws, c. 118, § 10(e); 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, § 10(f); 71 Del. Laws, c. 132, § 10(f); 71 Del. Laws, c. 354, § 10(f); 72 Del. Laws, c. 94, § 10(f); 72 Del. Laws, c. 395, § 10(f); 72 Del. Laws, c. 489, § 24; 73 Del. Laws, c. 74, § 10(f); 73 Del. Laws, c. 312, § 10(f); 74 Del. Laws, c. 68, § 10(f); 74 Del. Laws, c. 307, § 10(f); 75 Del. Laws, c. 89, § 10(f); 75 Del. Laws, c. 350, § 10(f); 76 Del. Laws, c. 80, § 10(f).;

§ 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 11th month, 15th day of the year in which the member is elected through the 10th month, 31st 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 1st of the 11th month in the year in which the member is elected through the 31st day of the 10th month in the year in which the term expires. In any calendar month, the 1st payment of 1/24 of the statutory or stipulated annual expenses shall be made on the 15th day of such month for the period from the 16th day through and including the last day of the preceding month; the 2nd 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 1st day through and including the 15th day of the current month.

60 Del. Laws, c. 82, § 2; 62 Del. Laws, c. 68, § 92; 64 Del. Laws, c. 334, § 35; 69 Del. Laws, c. 291, § 39; 70 Del. Laws, c. 186, § 1.;