AN ACT TO AMEND TITLES 20 AND 29 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT AND EMERGENCY REGULATIONS.
What changed between versions
The bill was restructured from a single-line amendment to a full act amending three sections of Delaware Code (20 Del. C. 3115, 3116, and 29 Del. C. 10119), establishing a comprehensive framework for legislative oversight of emergency orders.
Powers delegated by the Governor to any secretary, department, agency, or other entity are subject to the same time limitations and General Assembly action requirements as if exercised directly by the Governor.
Sen. Hoffner was added as co-sponsor along with numerous additional cosponsors from both chambers, indicating broader bipartisan support for the expanded bill.
A state of emergency may last up to 120 days initially and be renewed once for 60 days (180 days total) without General Assembly action. Any second or subsequent renewal beyond 180 days may be amended or terminated by Concurrent Resolution of the General Assembly.
The Governor must provide written reports to the General Assembly every 30 days while a state of emergency is in effect.
Any emergency order restricting activities of business, childcare, healthcare, religious, educational, or non-profit facilities must specifically identify which entities, facilities, activities, or operations are restricted.
Any emergency order issued within 3 months of a prior terminated order based on substantially similar reasons may be amended or terminated by the General Assembly at any time.
The General Assembly may meet in person or virtually at the call of either chamber's presiding officer or the Governor to consider renewal orders, and must convene within 15 days of being called.
No emergency regulation substantially similar to a current or prior expired/terminated one may be adopted without General Assembly approval (amending 29 Del. C. 10119).
The effective date was changed from 'when the Governor in office at enactment is no longer Governor for any reason' to 'immediately upon the ending of the Governor's term of office next occurring after enactment.' The new version only triggers at the end of a full term, not upon resignation or removal.