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This page covers legislation related to transparency in government proposed in Delaware.

2009

House Bill 1: Amending the Delaware Code Related to the Freedom of Information Act

In 2009, documents produced by the Delaware legislature were exempt under Delaware FOIA law. House Bill 1, sponsored by House Speaker Robert Gilligan (D), was introduced in the Delaware state legislature on January 6, 2009. The bill proposed to end the exemption to all committee meetings and records generated by the General Assembly, excepting party caucuses.

An amendment to the bill was sponsored by House Majority Leader Pete Schwartzkopf (D). The amendment sought to exempt all email "received and sent by members of the Delaware General Assembly or their staff."

The bill was signed into law on June 12, 2009.

House Bill 90: Creating a Searchable Budget Database for State Spending

House Bill 90 was introduced in the state legislature on March 24, 2009. The bill, sponsored by Representative Greg Lavelle (R), said that "taxpayers should be able to easily access the details on how the State is spending their tax dollars and what performance results are achieved for those expenditures." The bill sought to create a searchable budget database detailing all state expenditures, their purpose, and results. The bill did not advance beyond the House Administration Committee.

Senate Bill 58: Amending the Delaware Code Related to the Freedom of Information Act

Senate Bill 58 was introduced in the state legislature by Senator Karen Peterson (D) on April 7, 2009. The bill sought to make various amendments to the Delaware Code relating to the Freedom of Information Act which would:

• Create consistency in the determination of whether a record is public by designating the public body that first created the document as responsible for determining if a record is subject to disclosure;
• Clarify that the purpose for which a document is sought is irrelevant under the FOIA;
• Increase the period of time the state's Attorney General has to investigate and determine whether there has been an FOIA violation; and
• Permit the Attorney General to determine FOIA complaints made against state bodies and officers.

The bill was referred to the Senate Executive Committee on April 7, 2009. The bill did not pass.

2008

Sen. Charles Copeland (R) and Rep. Greg Lavelle (R) introduced the Delaware Taxpayers Coalition's 2008 Fiscal Transparency Package. It included:

• Delaware Senate Bill 184/HB 334 (2008) required the creation of an online budget database available to the public.
• Delaware Senate Bill 185/HB 338 (2008) required the creation of an online database of contracts involving school districts and charter schools.
• Delaware Senate Bill 186/HB 337 (2008) required school districts and charter schools to post their checking account activity online.
• Delaware Senate Bill 187/HB 336 (2008) required state agencies to post their checking account activity online.
• Delaware Senate Bill 188 (2008) required information regarding distributions from the Delaware Strategic Found to be posted on the Delaware Economic Development Office's website.

Other transparency and accountability acts in 2008 include:

• Delaware Senate Bill 181 (2008) required creation of an online database listing names, positions, expenses, and other information on all full and part-time State employees, officers, and officials.