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 are to be designated by numbers with a new consecutive number designated every 2 calendar years. The General Assembly sitting in 1961 and 1962 is to be designated as the 121st General Assembly.

(2) The session of the General Assembly commencing on the first Tuesday of January, 1961, 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, is to be designated as the second regular session of the 121st General Assembly.

(3) After the 121st General Assembly, a subsequent regular session of the General Assembly commencing in an odd year is to be designated as the first regular session of a General Assembly and a regular session commencing in an even year is to be designated as the second regular session of a General Assembly.

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

(c) The method of designation under this section must be used in all official references to the General Assembly and its sessions.

21 Del. Laws, c. 9, §  427 Del. Laws, c. 15;  Code 1915, §  369;  Code 1935, §  339;  29 Del. C. 1953, §  701;  53 Del. Laws, c. 18883 Del. Laws, c. 458, § 1

§ 702. Oaths of office.

An oath of office may be administered by any of the following:

(1) A member of a House of the General Assembly to any other member of the same House.

(2) 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.

Code 1852, §  2354;  Code 1915, §  4242;  Code 1935, §  4712;  29 Del. C. 1953, §  702;  83 Del. Laws, c. 458, § 2

§ 703. Delivery of election certificates.

(a) The Senate may compel 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 order and cause the arrest of any officer presiding at a board of canvass and punish as a contempt the neglect to deliver a certificate of election.

(b) The House of Representatives may compel the delivery of the certificate of election of any of its members by the process under subsection (a) of this section.

Code 1852, §  475;  21 Del. Laws, c. 38, §  28;  Code 1915, §  360;  Code 1935, §  331;  29 Del. C. 1953, §  703;  83 Del. Laws, c. 458, § 3

§ 704. Powers respecting elections and election contests.

(a) (1) The Senate may compel the delivery of ballot boxes to 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) When there is a vacancy in either House of the General Assembly when 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 Chapter 71 of Title 15.

(c) [Repealed.]

(d) 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.

Code 1852, §§  379, 404-407, 434;  21 Del. Laws, c. 38, §  31;  Code 1915, §  365;  Code 1935, §  336;  29 Del. C. 1953, §  704;  82 Del. Laws, c. 141, § 2383 Del. Laws, c. 458, § 4

§ 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, by issuing subpoenas and any other necessary legal process, do the following:

(1) Require the attendance of any resident of this State.

(2) Require a resident of this State to produce any records or papers in the resident’s possession located within this State.

(b) 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 the individual is a member or a committee of which 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 been summoned as a witness under subsection (a) of this section, wilfully makes default.

(2) Having appeared, refuses to answer a question pertinent to the question under inquiry.

(3) Having possession of records required in a subpoena, fails to produce the records as required under subsection (a) of this section.

(d) Nothing in this section is to be construed as a waiver by the General Assembly of the General Assembly’s 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, §  170 Del. Laws, c. 186, §  183 Del. Laws, c. 458, § 5

§ 706. Notice of petition for private act [Repealed].
Code 1852, §§  476, 477;  Code 1915, §  361;  Code 1935, §  332;  29 Del. C. 1953, §  706;  repealed by 83 Del. Laws, c. 458, § 6, effective Oct. 14, 2022.

§ 707. Stationery [Effective until Nov. 6, 2024].

The Division of Research shall provide stationery for the use of the General Assembly and its members.

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, §  459 Del. Laws, c. 253, §  583 Del. Laws, c. 458, § 7

§ 707. Stationery [Effective Nov. 6, 2024].

The Division of Legislative Services shall provide stationery for the use of the General Assembly and its members.

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, §  459 Del. Laws, c. 253, §  583 Del. Laws, c. 458, § 784 Del. Laws, c. 255, § 29

§ 708. Requisition of supplies and postage [Repealed].

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


§ 709. Withholding of compensation.

(a) A member or officer of the General Assembly may elect to have withheld from the compensation paid to the member or officer those sums of moneys required during each pay period for federal income tax, state income tax, and social security.

(b) A member or officer of the General Assembly making an election under subsection (a) of this section shall notify the State Treasurer in writing of the election. The State Treasurer, on receiving notice of the election, shall withhold from the compensation paid to the member or officer those sums of moneys required during each pay period for federal income tax, state income tax, and social security and make payment of these moneys in accordance with federal and state laws.

29 Del. C. 1953, §  709;  56 Del. Laws, c. 370, §  183 Del. Laws, c. 458, § 8

§ 710. Compensation of Lieutenant Governor and members of General Assembly.

(a) The Lieutenant Governor shall receive an annual salary as determined in the annual appropriations act.

(b) A member of the Senate and the House of Representatives 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 Election Day in the year in which the term expires. The salary received under this subsection is to be paid under § 2712 of this title.

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

(1) President Pro Tempore of the Senate, $20,291.

(2) Speaker of the House of Representatives, $20,291.

(3) Majority and Minority Leader of the Senate, $12,624.

(4) Majority and Minority Leader of the House, $12,624.

(5) Chair and Vice Chair of the Joint Finance Committee, $11,688.

(6) Majority and Minority Whip of the Senate, $7,950.

(7) Majority and Minority Whip of the House, $7,950.

(8) Members of the Joint Finance Committee, $9,620.

(9) Chair and Vice Chair of the Joint Committee on Capital Improvement, $4,670.

(10) Members of the Joint Committee on Capital Improvement, $3,929.

(11) Chair and Vice Chair of the Joint Legislative Oversight and Sunset Committee, $4,670.

(12) Members of the Joint Legislative Oversight and Sunset Committee, $3,929.

(d) A member of the Senate or the House of Representatives who is elected or appointed to 2 positions under subsection (c) of this section may receive the compensation for the position the member is elected or appointed to with the greater compensation and receive 1/2 of the amount of the compensation for the other position to which the member is elected or appointed. Eligible recipients of compensation for a second position may choose not to accept the compensation.

(e) (1) 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.

(f) A member of the Senate or the House of Representatives who is elected or appointed to a position under subsection (c) of this section and who is entitled to receive compensation under subsections (c) and (d) of this section is to receive the compensation until the member’s successor has been elected or appointed or the General Assembly in which the member is elected or appointed expires, whichever comes first.

60 Del. Laws, c. 82, §  160 Del. Laws, c. 98, §  162 Del. Laws, c. 68, §§  89-9162 Del. Laws, c. 277, §§  15, 16, 3863 Del. Laws, c. 80, §§  16, 17, 4863 Del. Laws, c. 322, §§  19, 20, 4764 Del. Laws, c. 220, §§  13-1564 Del. Laws, c. 225, §  764 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), 3870 Del. Laws, c. 118, §  10(e)70 Del. Laws, c. 186, §  170 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, §  2473 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)80 Del. Laws, c. 260, §  283 Del. Laws, c. 458, § 9

§ 711. Expenses of members of General Assembly.

A member of the Senate and the House of Representatives is to receive $7,481 annually for expenses. The expenses received under this section are to be paid under § 2712(a) of this title.

60 Del. Laws, c. 82, §  262 Del. Laws, c. 68, §  9264 Del. Laws, c. 334, §  3569 Del. Laws, c. 291, §  3970 Del. Laws, c. 186, §  183 Del. Laws, c. 458, § 10