CHAPTER 38

FORMERLY

HOUSE BILL NO. 1

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AS AMENDED BY

HOUSE AMENDMENT NO. 2 TO HOUSE AMENDMENT NO. 1 & HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §10002(c), Title 29 of the Delaware Code, by striking from the last sentence the language "the General Assembly of the State, nor any caucus thereof, or committee, subcommittee, ad hoc committee, special committee or temporary committee" and substituting in lieu thereof the language "any caucus of the House of Representatives or Senate of the State".

Section 2. Amend § 10002 (g)(16), Title 29 of the Delaware Code, by deleting the word "or" as it appears at the end of paragraph (16).

Section 3. Amend § 10002 (g)(17), Title 29 of the Delaware Code, by deleting the period "." as it appears at the end of paragraph (17) and inserting in lieu thereof the language "; or".

Section 4. Amend § 10002 (g), Title 29 of the Delaware Code, by adding a new paragraph (18) to read as follows:

"(18) Any communications between a member of the General Assembly and his or her constituent, or communications by a member of the General Assembly on behalf of his or her constituent, or communications between members of the General Assembly."

Section 5. Amend §10002, Title 29 of the Delaware Code, by adding a new subsection (h) to read as follows:

"(h) ‘Caucus’ means members of the House of Representatives or Senate, of the same political party, who assemble to discuss matters of public business."

Section 6. Amend §10004 (a), Title 29 of the Delaware Code, by deleting "(g)" as it appears therein and substituting in lieu thereof "(h)".

Section 7. Amend §10004 (h), Title 29 of the Delaware Code, by renumbering paragraphs (7) and (8), respectively, as (8) and (9), respectively, and adding a new paragraph (7) to read as follows:

"(7) Public bodies within the legislative branch of the State government other than the House of Representatives, the Senate, the Joint Finance Committee, the Joint Committee on Capital Improvement, the Joint Sunset Committee, Legislative Council, committees, excluding ethics committees, specifically enumerated and created by Resolution of the House of Representatives and/or Senate or task forces specifically enumerated and created by Resolution of the House of Representatives and/or Senate;"

Section 8. Amend § 10002(g), Title 29 of the Delaware Code, by renumbering paragraphs (16), (17), and (18), respectively, as paragraphs (17), (18), and (19), respectively, and by adding a new paragraph (16) to read as follows:

"(16) Emails received or sent by members of the Delaware General Assembly or their staff;"

Approved June 12, 2009