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DE SR7

Resolution

Status

Engrossed

1/26/2023

Primary Sponsor

Elizabeth Lockman

Click for details

Origin

Senate

152nd General Assembly

AI Summary

  • 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.

  • 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).

  • 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.

  • 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.

  • 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

Full Bill Text

No bill text available