Bill Text: DE HB267 | 2011-2012 | 146th General Assembly | Draft


Bill Title: An Act To Amend Title 9 Of The Delaware Code Relating To Travel Expenses For Elected County Officials.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2012-06-05 - Signed by Governor [HB267 Detail]

Download: Delaware-2011-HB267-Draft.html


SPONSOR:

Rep. J. Johnson & Sen. Henry

 

Reps. Bolden, Mitchell, D. Short; Sen. Ennis

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 267

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO TRAVEL EXPENSES FOR ELECTED COUNTY OFFICIALS.


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


Section 2.If any provision of this Act or the application of any section or part thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision of this Act that can be given effect without the invalid provision or application.

Section 3.This provision of this Act shall be effective upon its enactment into law.


SYNOPSIS

This Act eliminates the 1935, $2,500 cap (33 Del. Laws, c. 72) on aggregate necessary travel expenses for all members of all three County governing bodies (raised to $5,000 for New Castle County Council only, in 71 Del. Laws, c. 401).The language prohibiting reimbursement for travel by elected officials within New Castle County (adopted after issuance of the 1964 report and recommendation on reorganization of New Castle County Government) was eliminated in 1998 in 71 Del. Laws, c. 401, amending § 1144 of Title 9 of the Delaware Code.That section now permits elected officials of County Council to receive their actual and necessary travel expenses incurred in the performance of their duties of office.This is in keeping with the practices of most governmental bodies, including the Delaware General Assembly.The 70-plus-year-old cap appears to contradict Section 1144 and would preclude any meaningful training for elected officials of the County governing body if construed to limit travel for training and meetings, including within and out of the County.

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