§ 1. General Assembly to hold legislative power; composition.
Section 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
§ 2. Composition of House and Senate; terms of office; districts; election.
Section 2. The House of Representatives shall be composed of thirty-five members, plus such additional members as shall be provided pursuant to Section 2A of this Article, who shall be chosen for two years. The Senate shall be composed of twenty-one members, who shall be chosen for four years.
The State is hereby divided into thirty-five Representative Districts. There shall be such additional Representative Districts as shall be provided pursuant to Section 2A of this Article. From each Representative District there shall be chosen, by the qualified electors thereof, one Representative. The State is also hereby divided into twenty-one Senatorial Districts, from each of which shall be chosen, by the qualified electors thereof, one Senator. In New Castle County there shall be seven Senatorial Districts, numbered from one to seven inclusive; in Kent County, seven Senatorial Districts, numbered from one to seven inclusive; and in Sussex County, seven Senatorial Districts from one to seven inclusive.
The Representative Districts in New Castle County are and shall be as follows:
Number One. All that portion of the City of Wilmington included within the Second and Fourth Wards, and those parts of the Sixth and Eighth Wards, respectively, lying south of and bounded by the central line of Eighth street.
Number Two. All that portion of the said city included within the Ninth Ward, and those parts of the Sixth and Eighth Wards, respectively, lying north of and bounded by the central line of Eighth street.
Number Three. All that portion of the said city included within the Seventh Ward, and that part of the Fifth Ward lying north of and bounded by a straight line including the central line of Eighth street.
Number Four. All that portion of the said city included within the First and Third Wards, and that part of the Fifth Ward lying south of and bounded by the central line of Eighth street, east of and bounded by the central line of Adams street, and west of and bounded by the central line of Market street.
Number Five. All that portion of the said city included within the Tenth, Eleventh and Twelfth Wards, and that part of the Fifth Ward lying south of and bounded by a straight line including the central line of Eighth street, west of and bounded by the central line of Adams street, and bounded on the west by the westerly boundary line of the said city.
Number Six. Brandywine Hundred.
Number Seven. Christiana Hundred.
Number Eight. Mill Creek Hundred.
Number Nine. White Clay Creek Hundred.
Number Ten. New Castle Hundred.
Number Eleven. Pencader Hundred.
Number Twelve. Red Lion Hundred.
Number Thirteen. St. Georges Hundred.
Number Fourteen. Appoquinimink Hundred.
Number Fifteen. Blackbird Hundred.
The Representative Districts in Kent County are and shall be as follows:
Number One. Duck Creek Hundred.
Number Two. Little Creek Hundred and the first Election District of East Dover Hundred.
Number Three. Kenton Hundred.
Number Four. West Dover Hundred and all that portion of East Dover Hundred lying next to West Dover Hundred and separate from the rest of East Dover Hundred by the following boundary lines: beginning at the middle of the public road leading from the Horsehead road to Kenton at the point of intersection of Kenton Hundred and East Dover Hundred, thence running along the middle of the said road to the Horsehead road, thence running in a westerly direction along the middle of the said Horsehead road a short distance to a short road leading from the said Horsehead road to the road from Dover to Hazlettville, known as the Hazlettville road, thence running along the middle of the said short road from the Horsehead road to the said Hazlettville road, thence running in a westerly direction along the middle of the said Hazlettville road a short distance to the road leading therefrom to Wyoming, thence running along the middle of the said road leading from the said Hazlettville road to Wyoming to the point of intersection of East Dover Hundred and North Murderkill Hundred.
Number Five. All that portion of East Dover Hundred not included in Districts numbers two and four.
Number Six. Parts of North Murderkill, South Murderkill and Mispillion Hundreds included within the following boundary lines: beginning at the intersection of the southern line of South Murderkill Hundred with the State of Maryland, thence running along the division line between Mispillion Hundred and South Murderkill Hundred to the public road leading from Whiteleysburg to Harrington, thence running in a southeasterly and easterly direction along the middle of said public road to the public road leading from Masten's Corner to Vernon, at or near White's Church, thence running in a northeasterly direction along the middle of said public road leading from Masten's Corner to Vernon, a short distance to the public road leading therefrom to the town of Harrington, being a continuation of the road leading from Whiteleysburg to Harrington, thence running in a southeasterly direction to the intersection of West street in the town of Harrington, thence running in a northerly direction along the middle of said West street to the middle of Wolcott street in said town of Harrington, thence running in an easterly direction along the middle of said Wolcott street to the middle of Dorman street in said town of Harrington, thence running in a northerly direction along the middle of said Dorman street to Brown's Branch, thence running in an easterly direction with the course of said Branch to the Delaware Railroad, thence running in a northerly direction along said Delaware Railroad to Beaver Dam Branch in South Murderkill Hundred, thence following the course of said Beaver Dam Branch in a northwesterly direction to the public road leading from Felton to Whiteleysburg, thence running in a northeasterly direction along the middle of the said public road from Felton to Whiteleysburg to the Owl's Nest road, thence running in a northerly direction along the middle of the said Owl's Nest road to the intersection of the Cowgill road from Woodside to Petersburg, thence running in a northerly direction along the middle of the said Cowgill road to the Reed road running from Woodside to DuPont's school house, thence running in a northwesterly direction along the middle of the said Reed road to DuPont's school house, thence running in a northerly direction along the middle of the public road leading from Willow Grove to Camden, a short distance to Stubb's Corner, thence running in a westerly and northwesterly and westerly direction along the middle of the public road leading from DuPont's school house to the Almshouse to Gray's Corner, thence continuing in a direct westerly line to the southern boundary line of West Dover Hundred, thence following the southern boundary line of West Dover Hundred in a westerly direction to the State of Maryland, thence running in a southerly direction along the eastern boundary line to the State of Maryland to the place of beginning.
Number Seven. All that portion of North Murderkill Hundred not included in District number six.
Number Eight. All that portion of South Murderkill Hundred not included in District number six.
Number Nine. All that portion of Mispillion Hundred not included in District number six.
Number Ten. Milford Hundred.
The Representative Districts in Sussex County are and shall be as follows:
Number One. Cedar Creek Hundred.
Number Two. All that portion of Nanticoke Hundred which lies north and west of Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing line between Georgetown and Nanticoke Hundreds and running in a southwesterly course to what was formerly known as Rest's Old Mill, thence along said branch to what was formerly known as Collins' Mills, to its mouth being at the head of Middleford Mill Pond; together with North West Fork Hundred.
Number Three. All that portion of Nanticoke Hundred which lies south and east of said Gravelly Branch, beginning at a point where the said Gravelly Branch intersects the dividing line between Nanticoke and Georgetown Hundreds, running in a southwesterly course to what was formerly known as Rest's Old Mill, thence along said branch to what was formerly known as Collins' Mills, to its mouth at the head of Middleford Mill Pond; together with Seaford Hundred.
Number Four. Broad Creek Hundred.
Number Five. Little Creek Hundred.
Number Six. Dagsboro and Gumboro Hundreds.
Number Seven. Baltimore Hundred.
Number Eight. Indian River Hundred.
Number Nine. Georgetown Hundred.
Number Ten. Broadkiln and Lewes and Rehoboth Hundreds.
The Senatorial Districts in New Castle County are and shall be as follows:
Number One. All that portion of the City of Wilmington lying north of and bounded by a straight line including the central line of Eighth street extending from the Delaware River to the westerly boundary of said city.
Number Two. All that portion of the said City lying south of and bounded by the straight line aforesaid including the central line of Eighth street.
Number Three. Brandywine Hundred, together with all that portion of Christiana Hundred lying north of and bounded by the central line of Lancaster Turnpike.
Number Four. Milk Creek Hundred, together with all that portion of Christiana Hundred lying south of and bounded by the central line of the Lancaster Turnpike.
Number Five. White Clay Creek Hundred, Red Lion Hundred and New Castle Hundred.
Number Six. Pencader Hundred and St. Georges Hundred.
Number Seven. Appoquinimink Hundred and Blackbird Hundred.
The Senatorial Districts in Kent County are and shall be as follows:
Number One. The first and second Representative Districts.
Number Two. The third and fourth Representative Districts.
Number Three. The fifth and seventh Representative Districts.
Number Four. The sixth and ninth Representative Districts.
Number Five. The eighth and tenth Representative Districts.
Number Six, at Large. The first, second, fifth, seventh and eighth Representative Districts.
Number Seven, at Large. The third, fourth, sixth, ninth and tenth Representative Districts.
The Senatorial Districts in Sussex County are and shall be as follows:
Number One. The first and second Representative Districts.
Number Two. The third and fourth Representative Districts.
Number Three. The fifth and sixth Representative Districts.
Number Four. The seventh and eighth Representative Districts.
Number Five. The ninth and tenth Representative Districts.
Number Six, at Large. The first, second, third, fourth and fifth Representative Districts.
Number Seven, at Large. The sixth, seventh, eighth, ninth and tenth Representative Districts.
The first Senators elected from the Sixth Senatorial Districts of Kent and Sussex Counties shall serve for a two year term only, thereafter their successors shall serve for a full four year term.
All territory which shall hereafter be added to and included within the City of Wilmington shall become part of the Representative Districts in New Castle County, as follows:
All lying east of a straight line including the central line of Market street, below Eighth street, as the said two streets now exist, and south of a straight line including the central line of Eighth street, as the same now exists, shall become part of Representative District number one.
All lying north of a straight line including the central line of Eighth street, as the same now exists, extending from the northeasterly side of Brandywine Creek to the Delaware River, or north of the Brandywine Creek, westerly from the point of intersection of the said straight line with the northeasterly side of the said Creek, shall become part of Representative District number two.
All lying north of a straight line including the central line of Eighth street, as the same now exists, south of the Brandywine Creek, and west of the central line of Market street, as the same now exists, shall become part of Representative District number three.
All lying between a straight line including the central line of Market street extended southerly and a straight line including the central line of Washington street extended southerly shall become part of Representative District number four.
All lying south of a straight line including the central line of Eighth street, as the same now exists, and west of a straight line including the central line of Washington street, as the same now exists, shall become part of Representative District number five.
In case of any change in the boundary line between this State and the State of Pennsylvania any of the said Senatorial and Representative Districts in New Castle County affected thereby shall conform to any new boundary line between the said States.
All territory which shall hereafter be added to and included within the City of Wilmington shall become part of the Senatorial Districts in New Castle County as follows:
All lying north of a straight line including the central line of Eighth street, extended from the Delaware River westwardly, shall become part of Senatorial District number one.
All lying south of a straight line including the central line of Eighth street, extended from the Delaware River westwardly shall become part of Senatorial District number two.
Whenever by the extension of the limits of the City of Wilmington territory forming part of any Representative or Senatorial District, as hereby established, shall be included within the limits of the said city, such Representative or Senatorial District shall thereafter consist of the residue thereof, not so included within said limits.
The several Representative and Senatorial Districts in the State shall, except as herein otherwise provided, continue to be bounded, described and defined by the lines of the hundreds, wards, election districts, public roads, railroad and other boundaries herein mentioned, as the same are now established and located.
53 Del. Laws, c. 425 and 54 Del. Laws, c. 1;§ 2A. Additional representative districts.
Section 2A. In addition to the existing 35 Representative Districts as set forth in Section 2 of this Article, there shall be additional Representative Districts as hereafter provided.
Each existing Representative District as set forth in Section 2 of this Article, with a population residing therein in excess of 15,000, as shown by the last official federal decennial census shall be entitled to one additional Representative for each additional 15,000 population or major fraction thereof residing within the District.
Upon any Representative District, as set forth in Section 2 of this Article, being entitled to more than one Representative, it shall be subdivided into new Representative Districts for each additional Representative to which it is entitled, from which shall be chosen by the qualified electors thereof, a Representative.
After each official federal decennial census the new Representative Districts created pursuant to this Section shall be abolished and the Representative Districts set forth in Section 2 of this Article shall again be re-divided as set forth herein.
The sub-dividing of the Representative Districts as set forth herein shall be done by a Redistricting Commission, consisting of the Governor, as Chairman, and the State Chairman of the two political parties receiving the largest vote for Governor at the preceding election for Governor as advisors to the Governor. Redistricting and reapportioning by the Commission as set forth herein shall be accomplished in accordance with the following criteria: Each new Representative District shall, insofar as is possible, be formed of contiguous territory; shall be as nearly equal in population as possible to the other new districts being created within the existing Representative District; shall be bounded by ancient boundaries, major roads, streams, or other natural boundaries; and not be so created as to unduly favor any person or political party.
Within 120 calendar days following the official reporting to the President of the United States of each decennial census, (or within 120 calendar days after this amendment takes effect) the Governor, on behalf of the Commission, shall file with the Secretary of State the plan for redistricting and reapportioning as provided for herein. Forthwith, after the filing, the Governor shall issue a proclamation of redistricting and reapportioning. The Secretary of State shall cause such proclamation to be published in two newspapers of general circulation within the State for two consecutive weeks, within 20 days after the issuance of the proclamation. The proclamation shall become effective within 30 days of its issuance.
Any qualified voter may apply to the Superior Court to compel the Governor, by mandamus or otherwise, to perform the redistricting and reapportioning duties or to correct any error in redistricting and reapportioning. Application to compel the Governor to perform the redistricting and reapportioning duties must be filed within thirty days of the expiration of the 120 days allotted to the Commission to file its plan, if such plan is not timely filed. Application to compel correction of any error in redistricting and reapportioning must be filed within thirty days following the proclamation. Original jurisdiction in these matters is hereby vested in the Superior Court. On appeal, the cause shall be reviewed by the Supreme Court upon the law and the facts.
53 Del. Laws, c. 425 and 54 Del. Laws, c. 1;§ 2B. Delegates to Constitutional Convention.
Section 2B. The number of delegates and the method of electing delegates to the Constitutional Convention as provided in Section 2, Article 16, shall not be effected by the addition of Representatives or Representative Districts, pursuant to Section 2A of this Article. The Representative Districts which shall elect delegates to the Constitutional Convention are as set forth in Section 2 of this Article.
53 Del. Laws, c. 425 and 54 Del. Laws, c. 1;§ 3. Qualifications of members; commencement of terms of members.
Section 3.
(a) No person shall be a Senator who shall not have attained the age of twenty-seven years and have been a citizen and inhabitant of the State three years next preceding the day of his or her election and the last year of that term an inhabitant of the Senatorial District in which he or she shall be chosen, unless he or she shall have been absent on the public business of the United States or of this State. No person shall be a Representative who shall not have attained the age of twenty-four years, and have been a citizen and inhabitant of the State three years next preceding the day of his or her election, and the last year of that term an inhabitant of the Representative District in which he or she shall be chosen, unless he or she shall have been absent on the public business of the United States or of this State.
(b) A Senator shall continuously reside in the Senatorial District in which the Senator was chosen during the Senator’s term of office. A Representative shall continuously reside in the Representative District in which the Representative was chosen during the Representative’s term of office. A Senator or Representative who does not continuously reside in the District in which the Senator or Representative was chosen is deemed to have resigned the office.
(b) The terms of Senators and Representatives begin on the day next after their election.
(c) If, as a result of legislative redistricting, a sitting Senator or Representative is required to change the Senator’s or Representative’s residence in order to maintain residency in the district in which the Senator or Representative represent, subsection (b) of this section does not apply.
(d) If, by reason of an event that can be neither anticipated nor controlled, a Senator or Representative is unable to continue to maintain residency in their district, subsection (b) does not apply.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83 Del. Laws, c. 362 and 84 Del. Laws, c. 8; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;§ 4. Time and frequency of sessions.
Section 4. The General Assembly shall convene on the second Tuesday of January of each calendar year unless otherwise convened by the Governor, or by mutual call of the presiding officers of both Houses.
The General Assembly may continue in session each calendar year so long as, in its judgment, the public interest may require; however, each session may not extend beyond 5:00 p.m. on the last day of June unless the session is recalled by the Governor or the mutual call of the presiding officers of both Houses.
51 Del. Laws, c. 105 and 52 Del. Laws, c. 21; 56 Del. Laws, c. 381 and 57 Del. Laws, c. 289; 83 Del. Laws, c. 324 and 84 Del. Laws, c. 17;Section 5. The General Assembly shall meet and sit in Dover, the capital of the State; provided, however, that in periods of emergency resulting from enemy attack, terrorism, disease, accident, or other natural or man-made disaster the General Assembly may temporarily meet and sit elsewhere.
80 Del. Laws, c. 399 and 81 Del. Laws, c. 339;§ 6. Vacancies; tenure of office of persons elected to fill.
Section 6. Whenever there shall be a vacancy in either House of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election shall be issued by the presiding officer of the House in which the vacancy exists, or in case of necessity in such other manner as shall be provided by law; and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term. And whenever there shall be such vacancy in either House, and the General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presiding officer of either House in case of vacancy, and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term.
§ 7. President pro tempore, Speaker and other officers; absence of presiding officers.
Section 7. The Senate at the first annual session of every new General Assembly shall choose one of its members president pro tempore, who shall preside in the absence of the Lieutenant-Governor, or in case the latter shall become Governor or while he or she continues in the exercise of the office of Governor by reason of disability of the Governor. The Senate shall also choose its other officers and in the absence of the Lieutenant-Governor and its president pro tempore may, from time to time, as occasion may require, appoint one of its members to preside. The House of Representatives at such first annual session shall choose one of its members speaker and also choose its other officers, and in the absence of the speaker may from time to time, as occasion may require, appoint one of its members to preside.
51 Del. Laws, c. 105 and 52 Del. Laws, c. 21; 53 Del. Laws, c. 379 and 54 Del. Laws, c. 12; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 8 Each House as judge of elections and qualifications of its members; quorum; adjournments; compelling attendance.
Section 8. Each House shall be the judge of the elections, returns and qualifications of its own members; and a majority of all the members elected to each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall have power to compel the attendance of absent members, in such manner and under such penalties, as shall be deemed expedient.
§ 9. Rules; punishment and expulsion of members; scope of powers.
Section 9. Each House may determine the rules of its proceedings, punish any of its members for disorderly behavior, and with the concurrence of two-thirds of all the members elected thereto expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and independent State.
§ 10. Journals; publication; entry of yeas and nays; passage of bills and resolutions.
Section 10. Each House shall keep a journal of its proceedings, and publish the same immediately after every session, except such parts as may require secrecy. The names of the members voting for and against any bill or joint resolution, except in relation to adjournment, shall on the final vote be entered on the journal; and the yeas and nays of the members on any question shall, at the desire of any member, be entered on the journal. No bill or joint resolution, except in relation to adjournment, shall pass either House unless the final vote shall have been taken by yeas and nays, nor without the concurrence of a majority of all the members elected to each House.
26 Del. Laws, c. 1 and 27 Del. Laws, c. 1;§ 11. Accessibility to each House and Committees of the Whole.
Section 11. The doors of each House, and of Committees of the Whole, shall be open unless when the business is such as ought to be kept secret.
§ 12. Consent of each House to adjournment.
Section 12. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
§ 13. Immunity from arrest and questioning of speeches.
Section 13. The Senators and Representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
§ 14. Holding dual office or having interest in army or navy contract.
Section 14. No Senator or Representative shall, during the time for which he or she shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during such time. No member of Congress, nor any person holding any office under this State, or the United States, except officers usually appointed by the courts of justice respectively, attorneys-at-law and officers of the militia, holding no disqualifying office, shall during his or her continuance in Congress or in office be a Senator or Representative; nor shall any person while concerned in any army or navy contract be a Senator or Representative.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 15. Compensation, expenses and allowances of members.
Section 15. The President of the Senate and members of the General Assembly shall receive an annual salary and an annual expense allowance for transportation and such other necessary and proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder shall be paid out of the Treasury of the State.
29 Del. Laws, c. 1 and 30 Del. Laws, c. 15; 46 Del. Laws, c. 322 and 47 Del. Laws, c. 13; 51 Del. Laws, c. 270 and 52 Del. Laws, c. 1; 54 Del. Laws, c. 371 and 55 Del. Laws, c. 1; 55 Del. Laws, c. 467 and 56 Del. Laws, c. 19; 59 Del. Laws, c. 447 and 60 Del. Laws, c. 52;§ 16. Restriction of bills and resolutions to one subject; expression in title; exception.
Section 16. No bill or joint resolution, except bills appropriating money for public purposes, shall embrace more than one subject, which shall be expressed in its title.
§ 17. Lotteries and other gambling.
Section 17. All forms of gambling are prohibited in this State except the following:
(a) Lotteries under State control for the purpose of raising funds,
(b) Lotteries (other than slot machines, roulette, craps and baccarat games) provided that each is sponsored and conducted under the limitations of Section 17B by companies, organizations or societies which have been in existence for at least 2 years; provided, however, that no person who shall not have attained the age of 18 years shall participate in any lottery (where money is the prize) otherwise authorized by the article,
(c) Wagering or betting by the use of pari-mutuel machines or totalizators on horse races conducted at racetracks within or without the State, provided that such wagering or betting may be conducted only either:
(1) within the enclosure of any racetrack licensed under the laws of the State to conduct a race meeting, or
(2) within the enclosure of any racetrack licensed under the laws of the State to receive and accept wagers or bets on electronically televised simulcasts of horse races.
(d) Bingo games as conducted under the limitations of Section 17A.
The General Assembly shall enforce this Section by appropriate legislation.
39 Del. Laws, c. 2 and 40 Del. Laws, c. 1; 58 Del. Laws, c. 312 and 59 Del. Laws, c. 143; 63 Del. Laws, c. 22 and 64 Del. Laws, c. 54; 67 Del. Laws, c. 241 and 68 Del. Laws, c. 4;§ 17A. Bingo games; organizations authorized to conduct; submission to referendum; districts; regulation; penalties.
Section 17A. The game of Bingo shall be lawful when sponsored and conducted by Volunteer Fire Companies, Veterans' Organizations, Religious or Charitable Organizations, or by Fraternal Societies provided the net receipts or profits arising from the conducting or operating of such Bingo games by the aforementioned Companies, Organizations, or Societies are used solely for the promotion or achievement of the purposes of such Companies, Organizations, or Societies, and provided further that the aforementioned Companies, Organizations or Societies are operated in a manner so as to come within the provisions of Section 170 of the U. S. Revenue Code and Regulations promulgated thereunder by the U. S. Secretary of the Treasury.
1. The General Assembly shall provide by law for the submission to the vote of the qualified electors of the several districts of the State, or any of them, mentioned in subparagraph 2 of Section 17A of this article at the General Election held in 1958, the question whether the playing of the game of "Bingo" shall be licensed or prohibited within the limits thereof; and in every district in which there is a majority against license, no organization, mentioned in Section 17A, shall thereafter sponsor or permit the playing of "Bingo", within said district, until at a subsequent submission of such question a majority of votes shall be cast in said district for license. Whenever a majority of all the members elected to each House of the General Assembly by the qualified electors in any district named in subparagraph 2 of Section 17A of this Article shall request the submission of the question of license or no license to a vote of the qualified electors in said district, the General Assembly shall provide for the submission of such question to the qualified electors in such district at the next general election thereafter.
2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County, one district.
3. The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article, enact laws governing the game of "Bingo" under the limitations of this Article, and may provide such penalties as may be necessary to enforce same.
§ 17B. Lotteries not under State control; organizations authorized to conduct; submission to referendum; districts; regulation; penalties.
Section 17B. Lotteries not under State control shall be lawful when sponsored and conducted by volunteer fire companies, veterans organizations, religious or charitable organizations, or by fraternal societies provided that said company, organization or society has been in existence a minimum of 2 years and provided the net receipts or profits arising from the conducting or operating of such lotteries by the aforementioned companies, organizations or societies are used solely for the promotion or achievement of the purposes of such companies, organizations or societies, and provided further that the aforementioned companies, organizations or societies are operated in a manner so as to come within § 170 of the United States Revenue Code and regulations promulgated thereunder by the United States Secretary of the Treasury.
1. The General Assembly shall provide by law for the submission to the vote of the qualified electors of the several districts of the State, or any of them, mentioned in paragraph 2 of this section at the general election held in 1984, the question whether the playing of lotteries not under State control shall be licensed or prohibited within the limits thereof; and in every district in which there is a majority against license, no organization, mentioned in this section, shall thereafter sponsor or permit lotteries not under State control, within said district, until at a subsequent submission of such question a majority of votes shall be cast in said district for license. Whenever a majority of all the members elected to each House of the General Assembly by the qualified electors in any district named in paragraph 2 of this section shall request the submission of the question of license or no license to a vote of the qualified electors in said district, the General Assembly shall provide for the submission of such question to the qualified electors in such district at the next general election thereafter.
2. Under this article, Sussex County shall comprise 1 district, Kent County shall comprise 1 district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, 1 district, and the remaining part of New Castle County, 1 district.
3. The General Assembly shall enact comprehensive legislation providing for licensing for all organizations conducting and regulating the conduct of lotteries under this section and may provide such penalties as may be necessary to enforce such legislation.
Section 18. No divorce shall be granted, nor alimony allowed, except by the judgment of a court, as shall be prescribed by general and uniform law.
§ 19. Local or special laws relating to fences, livestock, ditches, school districts, and roads, highways, streets, etc.
Section 19. The General Assembly shall not pass any local or special law relating to fences; the straying of livestock; ditches; the creation or changing the boundaries of school districts; or the laying out, opening, alteration, maintenance or vacation, in whole or in part of any road, highway, street, lane or alley; provided, however, that the General Assembly may by a vote of two-thirds of all the members elected to each House pass laws relating to the laying out, opening, alteration or maintenance of any road or highway which forms a continuous road or highway extending through at least a portion of the three counties of the State.
No road, highway or street, intended to be dedicated to public use and maintained at public expense, shall be constructed except in conformance with standards adopted by the agency charged with construction, reconstruction or maintenance of such road, highway or street. Any road or street constructed solely for private use shall only be maintained at State expense after it has been constructed or reconstructed according to the standards established by the agency charged with the duty of maintaining such roads or streets.
26 Del. Laws, c. 2 and 27 Del. Laws, c. 2; 63 Del. Laws, c. 119 and 64 Del. Laws, c. 405;§ 20. Disclosure of personal or private interest of legislator in any pending measure.
Section 20. Any member of the General Assembly who has a personal or private interest in any measure or bill pending in the General Assembly shall disclose the fact to the House of which he or she is a member and shall not vote thereon.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 21. Conviction of crime as ban to public office.
Section 21. No person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State.
§ 22. Bribery of executive, judicial or legislative officers.
Section 22. Every person who shall give, offer or promise, directly or indirectly, any money, testimonial, privilege, personal advantage or thing of value to any executive or judicial officer of this State or to any member of either House of the General Assembly for the purpose of influencing him or her in the performance of any of his or her official or public duties shall be deemed guilty of bribery, and shall be punished in such manner as shall be provided by law.
71 Del. Laws, c. 379 and 72 Del. Laws, c. 136;§ 23. Statutes as public laws unless otherwise declared.
Section 23. Every statute shall be a public law unless otherwise declared in the statute itself.
§ 24. Settlement of accounts of State Treasurer; ineligibility for legislative office until settlement.
[Repealed.]
51 Del. Laws, c. 105 and 52 Del. Laws, c. 21; 71 Del. Laws, c. 379 and 72 Del. Laws, c. 136; 83 Del. Laws, c. 351 and 84 Del. Laws, c. 18;§ 25. Laws permitting zoning ordinances and use of land.
Section 25. The General Assembly may enact laws under which municipalities and the County of Sussex and the County of Kent and the County of New Castle may adopt zoning ordinances, laws or rules limiting and restricting to specified districts and regulating therein buildings and structures according to their construction and the nature and extent of their use, as well as the use to be made of land in such districts for other than agricultural purposes; and the exercise of such authority shall be deemed to be within the police power of the State.
35 Del. Laws, c. 1 and 36 Del. Laws, c. 1; 47 Del. Laws, c. 323 and 48 Del. Laws, c. 79; 54 Del. Laws, c. 368 and 55 Del. Laws, c. 7; 54 Del. Laws, c. 369 and 55 Del. Laws, c. 8;