CHAPTER 322

AN ACT TO CREATE A LEGISLATIVE COUNCIL.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, is amended by repealing Chapter 11 and inserting in lieu thereof a new Chapter 11 to read:

CHAPTER 11. LEGISLATIVE COUNCIL

§ 1101. Creation of Legislative Council; composition

(a) 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 Tern, the Majority Leader, the Minority Leader, one member appointed by the President Pro Tern and one member appointed by the Minority Leader.

(2) From the House: the Speaker of the House, the Majority Leader, the Minority Leader, one member appointed by the Speaker and one member appointed by the Minority Leader.

(b) The Governor or his designated alternate and the Executive Director of the Legislative Reference Bureau shall be ex-officio members of the Council without vote.

§ 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, his successor shall serve during his term of office in the General Assembly and until his successor has been selected. In the case of a vacancy in the office of any member of the Council who is appointed, his 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.

§ 1103. Chairman and Vice-Chairman of the Council

(a) The President Pro Tem shall be Chairman of the Council during odd-numbered years and Vice-Chairman during even-numbered years.

(b) The Speaker shall be Chairman of the Council during even-numbered years and Vice-Chairman during odd-numbered years.

§ 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 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 the provisions of this chapter.

§ 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 one 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.

§ 1106. Director of Research; 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 Research who shall serve full time. He shall (1) be licensed to practice law before the Supreme Court of the State of Delaware, 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 three years' experience in governmental research.

(b) The Director of Research shall receive such compensation as shall be determined by the Council, subject to the limitations contained in the annual appropriation act.

(c) The Director of Research, upon appointment, shall serve for so long as he properly performs his duties and shall not be removed except for cause and only then upon the affirmative vote of 8 members of the Council.

§ 1107. Duties of the Director of Research

(a) The Director of Research shall:

(1) organize and supervise the research division of the Council;

(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 his staff and budget

(b) The Director of Research shall be the Secretary of the Council. He shall prepare the agenda for meetings pursuant to the direction of the Chairman. He 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.

§ 1108. Meetings; quorum

(a) The Council shall meet at least once every 3 months at the call of the Chairman and at such place as he shall designate. Meetings of the Council shall also be called by the Chairman 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.

§ 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.

Approved May 4, 1966.