Legislation Document

SPONSOR:	Rep. Shupe & Sen. Pettyjohn
Reps. Briggs King, Collins, Lynn, Michael Smith, Spiegelman; Sen. Hocker

HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 203

AN ACT TO AMEND TITLE 20 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE SUSPENSION OF THE DELAWARE FREEDOM OF INFORMATION ACT (FOIA).

WHEREAS, it is vital that Public Business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and

WHEREAS, it is vital that citizens have easy access to public records in order that the society remain free and democratic; and

WHEREAS the Delaware Freedom of Information Act grants Delaware citizens the proper tools to obtain such access; and

WHEREAS, the Delaware Freedom of Information Act was temporarily suspended due to the Coronavirus; and

WHEREAS, due to the current pandemic, Delaware citizens have a more compelling interest than ever to be aware of the workings of their duly elected officials.

NOW, THEREFORE:

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

Section 1. Amend § 3116(c), Title 20 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3116. Powers.

(1) Nothing contained in this section shall be construed as granting the power to suspend or limit the right of law abiding citizens to keep and bear arms for defense of self, family, home and State as guaranteed by article I, § 20 of the Delaware Constitution; and

(2) Nothing contained in this section shall prevent law-abiding citizens, during such emergency or disaster, from taking reasonable steps to safeguard their arms from destruction, looting or theft, including but not limited to their removal of such items from areas of danger to locations of relative safety.

(3) Nothing contained in this section shall be construed as granting the power to suspend or limit the right of law abiding citizens to have access to public records under the Delaware Freedom of Information Act (Chapter 100 of Title 29).

Section 2. Amend § 10003(h), Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 10003. Examination and copying of public records.

(h) Response to requests. — (1) The public body shall respond to a FOIA request as soon as possible, but in any event within 15 business days after the receipt thereof, either by providing access to the requested records, denying access to the records or parts of them, or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within 15 business days, the public body shall cite 1 of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request. These reasons are the only circumstances in which the public body may extend the time period for processing a FOIA request.

Section 3 Amend Chapter 100, Title 29 of the Delaware Code by adding thereto a new section to be designated as §10008 to read as follows:

§ 10008. State of Emergency

In the event of a State of Emergency being declared by the Governor, this Chapter shall not be suspended unless the Governor may show, by clear and convincing evidence, that this Chapter shall in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster.