On Tuesday, the 153rd General Assembly convened to bring state lawmakers back to session.
As the legislative body for the state of Delaware, the General Assembly has the ultimate authority to approve the state’s budget and appointments to the Cabinet and state boards, and to pass new laws and Constitutional amendments.
That is particularly important in Delaware because the state does not allow for citizen referendums on issues like other states do.
To stay up to date on the agenda of the General Assembly and to watch livestreams of proceedings, visit its website at legis.delaware.gov.
Who makes up the General Assembly?
The Delaware General Assembly is an official name for the state legislature.
The upper house is the Delaware State Senate, where all lawmakers serve staggered four-year terms. It includes 21 state senators, including 15 Democrats and six Republicans, although two Democratic seats will be up for special elections in February. It is led by Senate President Pro Tempore David Sokola (D-Newark).
The lower house is the Delaware House of Representatives, where all lawmakers serve two-year terms. It includes 41 state representatives, including 27 Democrats and 14 Republicans. It is led by Speaker of the House Melissa “Mimi” Minor-Brown (D-New Castle).
Delaware has the third smallest legislature nationwide in terms of elected members, ranking just ahead of Alaska and Nebraska.
Where does the Assembly meet?
The legislature meets in the historic Legislative Hall, sometimes also referred to as Leg Hall.
Located at 411 Legislative Ave. in Dover at the eastern edge of the Legislative Mall, the state capitol building was originally built in 1931, when it succeeded the Old State House, which remains as a museum at the opposite end of the grassy mall.
When does the Assembly meet?
The General Assembly meets between January and June, with a session opening on the second Tuesday of January and ending by midnight June 30.
During that nearly six-month stretch though, the legislature only meets for about 50 days, holding committee hearings and floor votes between Tuesdays and Thursdays.
Each year, the Assembly takes a six-week break through February and early March for hearings by the Joint Finance Committee, or JFC. This committee rewrites a governor’s recommended budget and prepares a proposal for the entire Assembly to consider.
Similarly, the Bond Bill Committee, which considers capital building projects to be funded by state bonds, meets for several days each year. This year that stretch is March 31 to April 3.
The entire legislature will take a two-week break from April 22 to May 1.
Why does the Assembly only meet for six months?
It is up to each state to determine its legislative calendar, which leads to a diversity of approaches. Pennsylvania’s state legislators meet year-round, while Maryland’s lawmakers only meet for 90 days each winter.
Delaware has a six-month session due in part because legislators are seen as part-time positions, and are compensated just under $51,000 a year.
The legislative year also coincides with Delaware’s fiscal years, which begin on July 1, forcing legislators to approve an annual budget by the preceding day to ensure a smooth flow of business.
Notably, Delaware’s General Assemblies last two years to coincide with the terms of House members. So bills not passed within the first year of an Assembly can be taken up in the second year without interruption.
How is a bill passed?
In order to become law, a bill must be introduced by a legislator in either the House or Senate.
Once introduced, it will be assigned to a committee that has interest in the proposed legislation. Once assigned, a hearing must be held within 12 legislative days – note that corresponds to only when the legislature is actively in session.
Once a public hearing is held, a committee chair can call for a vote on the bill, refer it to another committee for consideration or take no action at all – essentially killing the bill.
If approved by the committee, the bill will be sent to floor of its respective chamber where the entire body of elected officials will vote on it.
If approved by a floor vote, the bill then goes to the other chamber where the process repeats again.
If either chamber amends the bill after it has passed the other chamber, it must be sent back the original chamber again to be considered as part of what’s known as “concurrence.”
Once approved by both the House and Senate, a bill is sent to the governor for consideration. If signed, it becomes law. If vetoed, the General Assembly can override his or her decision by getting approval of three-fifths of each chamber.
What are all these legislative terms & acronyms?
The General Assembly does use a bit of shorthand, lingo and unique terminology through its work. Here is a primer for some of the most-used:
AAB: An acronym meaning “as amended by.” It is used to indicate that legislation has been changed by an amendment.
Caucus: A group of legislators who associate together on the basis of membership in a political party or common interests, and meet to discuss policy and strategy and coordinate legislative efforts.
GIA / Grant-In-Aid: An appropriation made by the General Assembly to help support the activities of any county, municipality, corporation, nonprofit organization, or person providing services to Delawareans in a given fiscal year.
LFT (or Lifted): An acronym meaning “lifted from the table.” Legislation previously LOT is lifted for action by the chamber or committee.
LOT: An acronym meaning “laid on the table”. It is an action that occurs on the floor for various legislative reasons, including a missing witness or a needed amendment.
MTSR: An acronym meaning “motion to suspend the rules.”
On Its Merits: This terms means that a legislator does not necessarily support or oppose a proposal, but is willing to let it proceed in the legislative process for more discussion.
Pre-file: Legislation introduced before the opening of the legislative day.
PWB: An acronym meaning “placed with the bill.” It is in reference to an amendment that has been introduced to be considered with the legislation and, therefore, it goes wherever in the process the legislation is.
Quorum: The minimum number of members required to be present for the chamber or a committee to perform its business. In the General Assembly, the quorum for each chamber is a majority of all the members elected to the chamber.
Reading: The presentation of legislation before a Chamber. This is a formal procedure which requires the legislation be read by title. Unless rules are suspended, bills and joint resolutions must receive three readings:
- First Reading – The first presentation of legislation by its title for consideration. This coincides with introduction and assignment to committee. Pre-filing legislation constitutes the first reading.
- Second Reading – The second presentation of legislation. This coincides with the reading of the committee report for the bill or joint resolution. Legislation is now placed on the Ready List.
- Third Reading – The final presentation of legislation by its title prior to discussion and a possible vote by the Chamber. Any amendments are considered at this stage prior to action on the legislation.
Ready List: A compilation of legislation that, if required to go through committee, has been released by committee, and is available to be placed on an agenda for its third and final reading.
Resolutions: A resolution is the formal expression of the opinion, sentiment or will, of one or both Houses of the General Assembly. There are three types of resolutions:
- Simple Resolutions – A simple resolution is passed by only one chamber. The effect of its passage does not go beyond the bounds and the authority of that chamber. It is used to govern the internal affairs of the chambers, express congratulations or condolences, declare the sense of a chamber on an issue, or create a task force.
- Concurrent Resolutions – A concurrent resolution is used to accomplish the same purpose in relation to the entire General Assembly that a simple resolution accomplishes for either the House or Senate singly. A concurrent resolution adopted by the General Assembly does not become a law, nor does it have the force and effect of law, nor can it be used for any purpose that requires the exercise of legislative power. It may create a joint task force.
- Joint Resolutions – A joint resolution is the most formal type of resolution. It has legal effect when it is passed by both chambers and signed by the governor. A joint resolution is not a law but is used to employ temporary measures and has the force of law while in effect. Disagreement exists if a joint resolution extends beyond the General Assembly that enacted it.
Tabled in Committee: The decision of a majority of the members of a committee that the legislation should not be released from the committee. The legislation is subject to being petitioned out of the committee.
Voice Vote: An oral expression of the members of the House when an amendment is presented. Members respond “aye” or “nay.” The Speaker determines which side prevails. Under House Rule 39(d), any member can request a roll call vote be taken instead of a voice vote.
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