TITLE 29

State Government

The General Assembly

CHAPTER 17. EMERGENCY INTERIM LEGISLATIVE SUCCESSION


This chapter shall be known as the "Emergency Interim Legislative Succession Act."

29 Del. C. 1953, § 1701; 53 Del. Laws, c. 140.;

The General Assembly declares:

(1) That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the membership of the General Assembly;

(2) That to conform in time of attack to existing legal requirements pertaining to the General Assembly would be impracticable, would admit of undue delay and would jeopardize continuity of operation of a legally constituted General Assembly; and

(3) That it is therefore necessary to adopt special provisions as set out in this chapter for the effective operation of the General Assembly.

29 Del. C. 1953, § 1702; 53 Del. Laws, c. 140.;

As used in this chapter:

(1) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this State, whether through sabotage, bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or methods.

(2) "Member" means a member of the General Assembly as set forth in article III of the Constitution of the State.

(3) "Unavailable" means absent from the place of session other than on official business of the General Assembly or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.

29 Del. C. 1953, § 1703; 53 Del. Laws, c. 140.;

Each member shall designate not fewer than 3 nor more than 7 emergency interim successors to the member's powers and duties and specify their order of succession. Each member shall review and, as necessary, promptly revise the designations of emergency interim successors to the member's powers and duties to insure that at all times there are at least 3 such qualified emergency interim successors.

29 Del. C. 1953, § 1704; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a member. No person shall be designated or serve as an emergency interim successor unless the person may under the Constitution and statutes hold the office of the member to whose powers and duties the person is designated to succeed, but no constitutional or statutory provision prohibiting a member from holding another office or prohibiting the holder of another office from being a member shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the member designating the person or of any subsequent incumbent of the legislative office.

29 Del. C. 1953, § 1705; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

Prior to an attack, if a member fails to designate the required minimum number of emergency interim successors within 30 days following July 11, 1961, or, after such period, if for any reason the number of emergency interim successors for any member falls below the required minimum and remains below such minimum for a period of 30 days, then the required minimum number of emergency interim successors shall be designated as follows:

The President Pro Tempore of the Senate shall designate as many emergency interim successors for the members of the majority party in the Senate as are required to achieve such minimum number. The Minority Leader of the Senate shall designate as many emergency interim successors for the remaining members of the Senate as are required to achieve such minimum number. The Speaker of the House of Representatives shall designate as many emergency interim successors for the members of the majority party in the House of Representatives as are required to achieve such minimum number. The Minority Leader of the House of Representatives shall designate as many emergency interim successors for the remaining members of the House of Representatives as are required to achieve such minimum number. The President Pro Tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives and the Minority Leader of the House of Representatives shall not assign to any of their designees a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a member for succession to the member's own powers and duties. Each emergency interim successor designated by the President Pro Tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives and the Minority Leader of the House of Representatives shall serve at the pleasure of the person designating the successor, but the member for whom the emergency interim successor is designated or any subsequent incumbent of the member's office may change the rank in order of succession or replace at the member's pleasure any emergency interim successor so designated.

29 Del. C. 1953, § 1706; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

Each designation of an emergency interim successor shall become effective when the member or President Pro Tempore of the Senate or Minority Leader of the Senate or Speaker of the House or Minority Leader of the House making the designation files with the Secretary of State the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the member or President Pro Tempore or Minority Leader of the Senate or the Speaker of the House of Representatives or Minority Leader of the House of Representatives so acting files this information with the Secretary of State. All such data shall be open to public inspection. The Secretary of State shall inform the Governor, the State Office of Civil Defense, the Clerk of the House concerned and all emergency interim successors of all such designations, removals and changes in order of succession. The Clerk of each House shall enter all information regarding emergency interim successors for the House in its public journal at the beginning of each General Assembly and shall enter all changes in membership or order of succession as soon as possible after their occurrence.

29 Del. C. 1953, § 1707; 53 Del. Laws, c. 140.;

Promptly after designation each emergency interim successor shall take the oath required for the member to whose powers and duties the successor is designated to succeed. No other oath shall be required.

29 Del. C. 1953, § 1708; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

Each emergency interim successor shall keep generally informed as to the duties, procedures, practices and current business of the General Assembly, and each member shall assist the emergency interim successors to keep themselves so informed.

29 Del. C. 1953, § 1709; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

Whenever, in the event of an attack or upon finding that an attack may be imminent, the Governor deems the place of session then prescribed to be unsafe, the Governor may change it to any place within or without the State which the Governor deems safer and convenient.

29 Del. C. 1953, § 1710; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

In the event of an attack, the Governor shall call the General Assembly into session as soon as practicable and, in any case, within 90 days following the inception of the attack. If the Governor fails to issue such call, the General Assembly shall, on the ninetieth day from the date of inception of the attack, automatically convene at the place where the Governor then has an office. Each member and each emergency interim successor, unless the person is certain that the member to whose powers and duties the person is designated to succeed or an emergency interim successor higher in order of succession will be available, shall proceed to the place of holding the General Assembly as expeditiously as practicable. At such session or at any sessions, in operation at the inception of the attack and at any subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.

29 Del. C. 1953, § 1711; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

If, in the event of an attack, a member is unavailable, the member's emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and assume the duties of such member. An emergency interim successor shall exercise these powers and assume these duties until the incumbent member, an emergency interim successor higher in order of succession or a member appointed or elected and legally qualified can act. Each House of the General Assembly shall, in accordance with its own rules, determine who is entitled under this chapter to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a member shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a member.

29 Del. C. 1953, § 1712; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

When an emergency interim successor exercises the powers and assumes the duties of a member, the successor shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a member is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a member, shall be accorded the privileges and immunities of a member while traveling to and from a place of session and shall be compensated for such travel in the same manner and amount as a member. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of office of an incumbent member.

29 Del. C. 1953, § 1713; 53 Del. Laws, c. 140; 70 Del. Laws, c. 186, § 1.;

In the event of an attack:

(1) Quorum requirements for the General Assembly shall be suspended; and

(2) Where the affirmative vote of a specified proportion of members for approval of a bill, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.

29 Del. C. 1953, § 1714; 53 Del. Laws, c. 140.;

The authority of emergency interim successors to succeed to the powers and duties of members and the operation of this chapter relating to quorum, the number of affirmative votes required for General Assembly action and limitations on the length of sessions and the subjects which may be acted upon shall expire 2 years following the inception of an attack, but nothing in this chapter shall prevent the resumption before such time of the filling of legislative vacancies in the General Assembly and the calling of elections for the General Assembly in accordance with applicable constitutional and statutory provisions. The Governor, acting by proclamation, or the General Assembly, acting by concurrent resolution, may from time to time extend or restore such authority or the operation of any of such provisions upon a finding that events render the extension or restoration necessary, but no extension or restoration shall be for a period of more than 1 year.

29 Del. C. 1953, § 1715; 53 Del. Laws, c. 140.;