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DE SR7
Resolution
Status
1/26/2023
Primary Sponsor
Elizabeth Lockman
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AI Summary
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Establishes comprehensive procedural rules for the Delaware State Senate to investigate and adjudicate ethics violations by Senate members under Senate Rule 17 regarding Rules of Legislative Conduct.
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Creates two-stage process: Senate Rules & Ethics Committee conducts investigation and disciplinary hearing, then Senate holds separate disciplinary hearing with higher burden of proof (clear and convincing evidence vs. preponderance of evidence at committee level).
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Committee can resolve complaints through dismissal, de minimis violation warnings, agreed dispositions, or formal charges; requires majority vote for most determinations and two-thirds vote for suspension/expulsion recommendations.
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Provides respondent rights including 20-day response periods, ability to challenge committee member impartiality, access to evidence, witness testimony under oath, and detailed hearing procedures with transcription by certified court reporter.
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Senate may impose sanctions including suspension, expulsion, censure, reprimand, fines, or other appropriate discipline; expulsion/suspension requires two-thirds vote while other sanctions require simple majority.
Legislative Description
Relating To The Delaware State Senate Rules Of Procedure For Ethics Violations.
Last Action
Passed By Senate. Votes: 20 YES 1 ABSENT
1/26/2023