Bill Text: DE SB278 | 2015-2016 | 148th General Assembly | Draft

Delaware Senate Bill 278 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Freedom Of Information Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-06-30 - Defeated by Senate. Votes: Defeated 10 YES 9 NO 2 NOT VOTING 0 ABSENT 0 VACANT [SB278 Detail]

Download: Delaware-2015-SB278-Draft.html

SPONSOR:	Sen. Sokola & Rep. Baumbach

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 278

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §10002, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§10002. Definitions.

(i) "Public body," "public ~~record"~~ record," and "meeting" shall not include activities of the University of Delaware and Delaware State University, except that the Board of Trustees of ~~both universities~~ either university, and a committee or subcommittee of the Board of Trustees of either university, shall be ~~"public bodies,"~~ a "public body;" university documents relating to the expenditure of public funds shall be ~~"public records,"~~ a "public record;" and each meeting of the full Board of Trustees of either ~~institution~~ university shall be a "meeting." Additionally, any university request for proposal, request for quotation, or other such document soliciting competitive bids for any contract, agreement, capital improvement, capital acquisition or other expenditure proposed to involve any amount or percentage of public funds by or on behalf of the university shall indicate on the request for proposal or other such document that it relates to the expenditure of public funds.

SYNOPSIS

Currently, the Freedom of Information Act ("FOIA") applies to the Boards of Trustees of the University of Delaware and Delaware State University.

This Act clarifies that committees or subcommittees of the Board of Trustees of either university is a "public body" under FOIA and are subject to the requirements of FOIA, including for open meetings. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual.

Author: Senator Sokola