It is all right here:

TITLE 29
State Government
The General Assembly
CHAPTER 9. LEGISLATIVE BILLS, LAWS, JOURNALS AND COMMITTEES

Prophetically S 911:

Each bill, resolution or other legislative matter assigned to a standing committee shall pass through a prescribed deliberative process before being brought to the floor of either House, unless it is sooner petitioned out of committee.

This means that any bill can be teleported through the walls of Thurman Adam’s (D) Bridgeville’s desk drawer onto the docket of the Senate Floor by a simple petition.

Such deliberative process shall include regularly scheduled preannounced meetings whereby the committee receives testimony from the general public, including those affected by the proposed legislation; considers an analysis of the proposed legislation; and by notice to the sponsor, makes time available for each formal sponsor to explain the legislation and answer possible committee questions.

Any lawyer can see that our own General Assembly, by excluding itself from FOIA, is still in violation of their own statute, when (1) they meet secretly, (2) do not allow public participation, (3) randomly staggered meetings which are not regularly preannounced, and (4) and the original sponsor is not allowed to make his/her case and/or answer possible committee questions. One of each of these violations were witnessed and recorded during this session, most particularly documented as taking place within the Senate Energy and Transit Committee. But more importantly, this section of the Delaware Code, portends that the entire concept of the Legislative Committee and its modus operenda, violates S 911 (s) (above)

Here is a case in points: Section (b)

(b) Each Thursday each standing committee shall release a committee agenda which shall include, among other things, all matters to be considered by the committee at its next meeting; a listing of all bills being held in committee; and any other announcements from the committee including the times, places and dates of future meetings.

To my knowledge, the Senate Executive Committee has never posted a committee agenda including all matters to be considered by the committee at its nest meeting. nor did I ever see a listing of all bills being held in committee, nor any other announcements that include the times, places, and dates for future meetings. it is as if the committee has exempted itself from it’s own laws and regulations…

For example.. if one tracks down HCR 38, the bill ordering Russ Larson to vote “yes”, the same bill which was passed in the House by a margin of 25 to 11, one see that is it in the Senate Executive Committee.as of 4/16/2008. Therefore, every Thursday, this Committee should give the status of this bill in its report. Likewise every bill within “Desk Drawer” Adams bureau, should be enumerated by the committee at least one time per week, as is required by the Delaware Code above.

As for requiring FOIA standards to occur within the Senate Legislative Committee, it appears with this revelation that those very same FOIA standards, even though Delaware exempted itself from that Federal mandate, are still prescribed by Delaware State Law now. This follows.

(c) Minutes shall be taken at each formal standing committee meeting, and the results of any committee votes shall be recorded. Committee members who dissent from any committee decision shall be permitted, in the minutes, to state such dissent and the reasons therefor. (61 Del. Laws, c. 420, § 1.)

So just where are the Senate Executive Committee’s minutes? All of Delaware wants to know………..

So until a new Act is passed by both houses and signed by the governor…..one which amends this facet of the Delaware Code, the current action of that committee, is in violation of the law………

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