What does Milton, the Stockley Center, North Seaford, Bridgeville, Lincoln, Greenwood, South Milford, Ellendale, and Georgetown aaaall have in common.
They are all in the 19th Senate District.
Senator Adams carved him out a nice big district. Probably the largest in land area in the state.
God is telling me not to share this video.
First, I recorded my speech on my digital camera. Then, I find out that it has no audio.
Then, I get a copy of someone else’s video of my speech. I decide to upload it to YouTube.
YouTube rejects it because of their ten minute video policy. My speech is twelve.
So, I try to edit my movie down to two clips. I can’t find a way to edit Quicktime files. Sorry, I am not a Mac person.
So, heck with it. I uploaded it straight to my web hosting account. I can’t embed the video, so you have to click the link to watch it.
I have not seen the video. You can probably look deep into seeing how nervous I was. I was a wreck, but I did it. I saw the first twenty seconds of it and I just wanted to crawl under my bed and hide.
Below is nearly what I have for my Tea Party Speech.
Changes: Deleted Declaration of Independence quote, and explanation paragraph. It was semantics that I wasn’t comfortable with, time reasons, stereotypical Libertarianism, and above all, they don’t deserve to be compared to King George. They are not that badass. King George sent armies to prove his power and started wars to maintain it, they are just corrupt.
I also added a whole new section on the happenings in Dover this week. I was not amused. I will air out my bitching to a crowd and reporters. When I said that they were weak in my News Journal and State News letters to the editor, I meant it. Weak. Their dog and pony show will not go unnoticed publicly.
Towards the end I also added a new paragraph actually on the topic of healthcare. I am sure some or all of it you will find debatable.
Ladies and gentlemen, it is an honor to speak with you today, and it is an honor to be amongst a group of citizens who are also concerned about our nation’s future.
My name is Brian Shields, and I am the Sussex County Chair of the Libertarian Party of Delaware.
I, like you, have come here today in protest of a government that has forgotten its purpose. We elect these people to represent us in Washington, to speak for our views and to protect us against policies that will harm us.
Ladies and Gentlemen, I believe that Senators Carper and Kaufman, and Representative Castle have forgotten who put them in Washington DC, and we gather here today to remind them that the power they hold in our nation’s capitol derives from the people of this great state, granted to them with our permission.
I say it is time to revoke that permission. I say it is time to take back our political power, wrestle it away from our elected three that are abusing the privilege of representation. I say it is time to tell them that their political power belongs to the people of the great state of Delaware.
Why do I think we should kick these three elected representatives to the curb? Their voting records speak the truth of who they truly represent, and it is not us, my friends.
Their vote is cast without a single thought of what the citizens of Delaware wish. They think first of their party, and how their party wishes to vote. Then they think of how they can personally benefit from their vote. If they vote for Bill X, then they can get votes towards Bill Y, and if that doesn’t solidify their decision, then the special interests influence them into voting one way or another.
Well folks, I am not content with that. I am not content with the Bread and Circuses act of partisan politics that our current elected officials are engaged in. They put on a good show, make sure that while they are on camera, they act like they care and are doing what their district wants. All the while they are making backroom deals with off of the record conversations compromising YOUR votes in Congress. Sure, once in they will throw us some pork barrel spending, just to make us think that they are in our corner and working for our best interests.
This circus act isn’t only being performed in Washington; the curtain just went down in Dover this weekend with the end of the legislative session. I am absolutely appalled at the way our state representatives balanced the budget. Instead of spending six months to find efficiencies, trim expenditures, and cut back spending; they increased taxes, increased fees, added new taxes, and expanded the budget! What in hell are they thinking?
Now, the GOP minority in the House, for the most part, voted NO on most of these taxes. One Republican representative voted YES, and by an odd coincidence each of these bills only needed one more vote to pass.
So the reality is that the GOP made a stand, rattled their sabers in refusal of the tax increases, and then went behind your back and voted them right in anyway.
Remember that 8% paycut for all of the state employees? That circus act lasted for four months, caused the most discussion, and accomplished the least. The state employees ended up with a 2.5% paycut, given through unpaid days off. All of that drama accounted for only 1% of the budget shortfall of $800 Million dollars.
See what I mean, folks? It is a show! All that the Governor ended up doing was upset the largest voting block in the state, because the state is the number one employer in Delaware. Every state employee was put through an emotional rollercoaster of a political ploy instead of the Governor manning up and demanding budget cuts from departments that have political connections.
No, instead they place the burden on the backs of Delaware citizens and businesses in the worst economic situation we have faced in decades. Way to go, Dover.
It is all a show, ladies and gentlemen. All politicians are all actors in one huge stage play called partisan politics, and I implore all of you to look past the rhetoric and see what the politicians are actually doing, and to compare it to the fast doubletalk these two faced politicians are speaking.
Now that I have that off of my chest, let’s get to the topic at hand. We are gathered here today to talk about healthcare, the latest slice of bread to come from the circus act of Washington, called “Public Option Healthcare”.The sound of those words sends chills down my spine. For one, it will employ the standard trick of Robin Hood Economics. Tax the rich to support the poor. As much as I would like to help people who are at a financial disadvantage, I don’t want the government running any program with our tax dollars because of the corruption involved with government agencies. If I choose to help someone with my money I will donate it to a charity that will best use the cash I give them, not have it forcefully taken away from me before I even see my paycheck.
Think of this. Do you really want health care to depend on the whim of the most powerful government on the face of the earth? A government that can make your life a living hell at a moments notice? A Government that can attach your wages, can take your tax rebates, and can throw you in jail any time they want on an assortment of trumped up charges. We live in a society that allows police to seize a large amount of cash while doing a search of your vehicle, because you just might be irresponsible and buy a big pile of drugs with it. Never mind what the real reason was, you just might.
This is the government that they want to make health care decisions for the disadvantaged? The government that hires bored, uninspired, burned out social workers who are rushing through your appointment so they can get to their lunch break, a government that has multiple layers of faceless bureaucrats who can make medical decisions for you, instead of it being a decision between you and your doctor? What if they change your prescription from one brand to another, all because some lobbyist from a pharmaceutical company took a bureaucrat on a week long trip to Hawaii? What if they decide that you are obese and you have to attend regularly scheduled fitness classes in order to keep your health care costs low? What if they decide that since the fitness classes aren’t working, you need a special diet, and all of the sudden Jenny Craig is being shipped to your door on the public’s nickel?Some of you may be laughing, but if you give this corrupt government the power to control your health care decisions, it will have the power to control your daily lives.
So you may decide to ditch this Public Option Healthcare, because it isn’t all that it was cracked up to be. You’ll just go back to the policy that the small business you work for offers, but then you find out that it isn’t there anymore. Your company couldn’t afford the added cost, and had to face the reality of dropping health coverage for everyone or laying off someone from their job. They decided to save the job, because after all, the employees could always fall back on the government’s health care plan.
So now you are stuck with it, and that, my friends, is how they will weasel their way into controlling your lives.
Public Option Healthcare will just become another large, wasteful, corrupt government agency, using you as a means to grant favors to their corporate campaign donors. All the while making everyone dependent on the government for every single one of their needs.
I urge all of you to get involved in stopping this from happening. Call your Senators. Call Mike Castle, and tell them in no uncertain terms that if they vote this through, they will not only lose your vote in the next election, but you will work tirelessly to make sure that other votes are lost from this as well.
I urge you to tell them to make real changes in the health care system, like allowing medical decisions to be made by doctors instead of faceless people on the other end of a phone line. I urge you to ask them to fix the system, not create a new system, which they will end up exploiting every year for votes, like they currently do with Social Security and Medicare.
Changes like making all of your medical expenses tax deductible, instead of how things are currently. You can only deduct your costs if they equate to over 7% of your income. How about allowing pharmacies, labs, and doctors to advertise competitive rates for preventative care and other services? How about stopping the harassment of online pharmacies that can lower costs by being more efficient with lower overhead? How about any sort of options that are out there, but are being squashed by Big Pharma and the medical lobby, who want nothing more than a variety of new customers only the government can produce and pay for.
There are other options aside from a new huge government program that is only going to be rushed through because time is ticking away. They have 15 months before the 2010 elections. Fifteen months before you have the right to vote again and change what is going on in Washington.
I urge you to make your voice heard, and exercise your political power.
Thank you for your time.
Below I have my rough draft for the speech I am giving for the Tea Party protest at The Circle in Georgetown on Thursday, Noon to 2pm.
I want your feedback. Good, bad, arguments, grammar, flow, phrasing.. anything.
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.Ladies and gentlemen, it is an honor to speak with you today, and it is an honor to be amongst a group of citizens who are also concerned about our nation’s future.
My name is Brian Shields, and I am the Sussex County Chair of the Libertarian Party of Delaware.
The paragraph I just quoted was from the opening of the Declaration of Independence. It has become apparent to me that it is high time we dissolve the political bonds that we have with our elected representatives, for many of the same reasons our Founding Fathers dissolved their political bonds with King George.
I, like you, have come here today in protest of a government that has forgotten its purpose. We elect these people to represent us in Washington, to speak for our views and to protect us against policies that will harm us.
Ladies and Gentlemen, I believe that Senators Carper and Kaufman, and Representative Castle have forgotten who put them in Washington DC, and we gather here today to remind them that the power they hold in our nation’s capitol derives from the people of this great state, granted to them with our permission.
I say it is time to revoke that permission. I say it is time to take back our political power, wrestle it away from our elected three that are abusing the privilege of representation. I say it is time to tell them that their political power belongs to the people of the great state of Delaware.
Why do I think we should kick these three elected representatives to the curb? Their voting records speak the truth of who they truly represent, and it is not us, my friends.
Their vote is cast without a single thought of what the citizens of Delaware wish. They think first of their party, and how their party wishes to vote. Then they think of how they can personally benefit from their vote. If they vote for Bill X, then they can get votes towards Bill Y, and if that doesn’t solidify their decision, then the special interests influence them into voting one way or another.
Well folks, I am not content with that. I am not content with the Bread and Circuses act of partisan politics that our current elected officials are engaged in. They put on a good show, make sure that while they are on camera, they act like they care and are doing what their district wants. All the while they are making backroom deals with off of the record conversations compromising YOUR votes in Congress. Sure, every once in they will throw us some pork barrel spending, just to make us think that they are in our corner and working for our best interests.
We are gathered here today to talk about healthcare, the latest slice of bread to come from the circus act of Washington, called “Public Option Healthcare”.
The sound of those words sends chills down my spine. For one, it will employ the standard trick of Robin Hood Economics. Tax the rich to support the poor. As mush as I would like to help people who are at a financial disadvantage, I don’t want the government running any program with our tax dollars because of the corruption involved with government agencies. If I choose to help someone with my money I will donate it to a charity that will best use the cash I give them, not have it forcefully taken away from me before I even see my paycheck.
Think of this. Do you really want health care to depend on the whim of the most powerful government on the face of the earth? A government that can make your life a living hell at a moments notice? A Government that can attach your wages, can take your tax rebates, and can throw you in jail any time they want on an assortment of trumped up charges. We live in a society that allows police to seize a large amount of cash while doing a search of your vehicle, because you just might be irresponsible and buy a big pile of drugs with it. Never mind what the real reason was, you just might.
This is the government that they want to make health care decisions for the disadvantaged? The government that hires bored, uninspired, burned out social workers who are rushing through your appointment so they can get to their lunch break, a government that has multiple layers of faceless bureaucrats who can make medical decision for you, instead of your doctors? What if they change your prescription from one brand to another, all because some lobbyist from a pharmaceutical company took a bureaucrat on a week long trip to Maui? What if they decide that you are obese and you have to attend regularly scheduled fitness classes in order to keep your health care costs low? What if they decide that since the fitness classes aren’t working, you need a special diet, and all of the sudden Jenny Craig is being shipped to your door on the public’s nickel?
Some of you may be laughing, but if you give this corrupt government the power to control your health care decisions, it will have the power to control your daily lives.
So you may decide to ditch this Public Option Healthcare, because it isn’t all that it was cracked up to be. You’ll just go back to the policy the small business you work for offers, but then you find out that it isn’t there anymore. Your company couldn’t afford the added cost, and had to face the reality of dropping health coverage for everyone or laying off someone from their job. They decided to save the job, because after all, the employees could always fall back on the government’s health care plan.
Now you are stuck with it, and that, my friends, is how they will weasel their way into controlling your lives.
Public Option Healthcare will just become another large, wasteful, corrupt government agency, using you as a means to grant favors to their corporate campaign donors.I urge all of you to get involved in stopping this from happening. Call your Senators. Call Mike Castle, and tell them in no uncertain terms that if they vote this through, they will lose your vote in the next election.
I urge you to tell them to make real changes in the health care system, like allowing medical decisions to be made by doctors instead of faceless people on the other end of the phone line. I urge you to ask them to fix the system, not create a new system. A system they will end up exploiting every year for votes, like they currently do with Social Security and Medicare.
I urge you to make your voice heard, and exercise your political power.
Thank you for your time.
New taxes, increased taxes, old taxes… all over the place.
We now have a tax for transferring oil from a tanker to a smaller ship in the Delaware River.
The estate tax is back.
Income tax increased for incomes over $60,000. (Married filing jointly, anyone?)
Fees fees fees.
Sunset provision? Oh yeah, it is now FOUR years instead of one.
Pansies. Weak, yellow, scaredy cats. The whole lot of them.
It has been rough the last two weeks, and I have noone else to blame but myself and my big fat mouth for the foot it is now tasting.
I am talking about work, where I stupidly, and now regretfully, asked for a management position in the national pizza chain I currently work at. I now have one, an Assistant Manager position. The coworkers at the store affectionately call it Ass Man 1 (as opposed to Ass Man 2, which would be the third person shift runner with no official title).
So, instead of out and about, meeting and greeting customers, cruisin’ around town with the radio blaring and the windows down… I am stuck in the store for 8+ hours a day, sweating my ass off, wearing a track between the phone, makeline, and oven. Running in circles, I call it.
You take an order, run to make it really fast before the phone rings again, and throw it in the oven. You now have six minutes and thirty seconds of free time to accomplish a task. Prepare for the evening rush, do some cleaning, or grab a few seconds to shove some food down your throat like a newbie fresh off the bus at boot camp. Hopefully, the phone doesn’t ring. If it does you have to take the order, and hopefully make it before that 6:30 runs out and there is a pizza quickly getting cold at the other end of the oven.
My first week I was really bad. I mean really really bad. Customers gave me about $15 of sympathy tips over the counter in the two nights that were my worst. One of the rushes happened because, unbeknown to me, the Wawa across the street was robbed. All of their late night customers came over to us, because we were the only other place open that late. We made $400 in carryout sales in the last 2 hours, an unheard of occurrence. All while my driver was making deliveries, leaving me in the store by myself, running in circles constantly trying to keep the flow of orders going like a bad I Love Lucy episode.
Every day every muscle in my body ached. My lower back felt like it grew a permanent knot. Yet, I couldn’t sleep because my mind was racing. Caffeine, probably. Still can’t handle the stuff. If I consume any, it will be 12 hours before I can fall asleep. Thankfully, if you take enough Tylenol PM, that can be corrected.
This week things are better. My nerves are less shot because I have been fitting in with a few more people in the group. I have been picking up speed on the makeline, which is making the day much easier. I actually have started to back up the oven by myself every once in a while, which means the conveyor belt that moves the pizzas through the oven is moving slower than my rate of making stuff. Still, though, one topping not prepared enough, one customer who likes to talk or complain a little too long… anything that delays me by 5 minutes might throw the whole system into disarray.
Pizzas, by some odd law of physics that I have yet to understand, always fall onto the floor upside down. The buttered toast rule, I believe. They make an unmistakable sound as they hit the floor too, that you will instantly recognize from anywhere in the store. Sort of a flop and a splat sound at the same time.
So, I am learning from my mistakes as I go.
I do miss the ease and freedom of the delivery life. Two minutes of real work for every six minutes of driving. Park, game face on, smile and ring the doorbell. Sure beats having feet so sore that you walk like an 80 year old until the numbness kicks in.
Man, I miss it.
Penske and General Motors Announce Proposed Deal for Purchase of Saturn
BLOOMFIELD HILLS, Mich., Jun 05, 2009 (BUSINESS WIRE) — Penske Automotive Group, Inc. (NYSE:PAG), www.penskeautomotive.com, an international automotive retailer, announced today that is has signed a Memorandum of Understanding (”MOU”) with General Motors regarding the Saturn brand.
Under the terms of the MOU, if the transaction is completed, Penske Automotive Group would obtain the rights to the Saturn brand, acquire certain assets including the Saturn parts inventory, and have the right to distribute vehicles and parts through the Saturn Dealership network. General Motors would continue to provide Saturn Aura, Vue and Outlook vehicles, on a contract basis, for an interim period.
“We have agreed upon a framework that we believe will build momentum for the Saturn brand,” said Penske Automotive Group Chairman Roger Penske. “Saturn has a passionate customer base and outstanding dealer network. For nearly 20 years Saturn has focused on treating the customer right. We share that philosophy, and we want to build on those strengths.”
Saturn began selling cars in 1990 and has sold more than 4 million vehicles. More than 80 percent of those vehicles are still in operation, according to data from R.L. Polk. Saturn has regularly scored among the industry leaders for non-luxury brands in customer satisfaction surveys. Commenting on the proposed deal, Saturn general manager Jill Lajdziak said, “This is the combination of two iconic teams: Saturn and Penske. GM had the vision to create Saturn and has the desire to see it succeed in the future.”
Further details of the transaction are not being released at this time. The closing of the transaction is expected to occur during the third quarter of 2009 and is subject to customary conditions, including the completion of due diligence, regulatory and other approvals.
Yay! My goal of a million mile vehicle may not be stopped by a parts shortage!
From Jud Bennett’s Coastal Email Network:
FOR IMMEDIATE RELEASE June 22, 2009
Contact: Thomas H. Kovach, House of Representatives, 302-577-8723
Thomas.Kovach@state.de.usNorth Wilmington Republican Representatives Tom Kovach, Greg Lavelle, and Debbie Hudson joined together today to call on the Legislature to reject increases in the personal income tax and short-sighted state employee pay cuts, instead promoting meaningful and sustainable reductions in state expenses.
Representative Lavelle (R-Sharpley) said that, “We recognize that we must make difficult decisions in order to move Delaware beyond this current budget crisis. Balancing the budget on the back of Delaware’s working families through the administration’s proposed tax increases is simply unacceptable. The budget proposals offered by the Democrats are too quick to increase the tax burden and fall far short of the necessary, sustained and sustainable cuts in state government. Without these changes, tax increases like we are seeing now will become an annual event.”
The Legislators argue that state government needs to operate in a fashion more like that of the private sector. According to Representative Kovach (R-Brandywine East), “We must address the government’s economic problems in the same fiscally responsible manner that the private sector does. This means we must not raise what we charge our customers, but we must cut staff and spending to balance the budget, while keeping the necessary, good employees at their current pay.”
The Legislators said that the current proposal of state employee salary reductions simply masks the real problem: an oversized and unsustainable state government.
“The alleged savings on a 2.5% state employee pay cut result in approximately $30 million for the state and will last for one year,” said Representative Hudson (RFairthorne).
“Not only is this reduction significantly less than 1% of the state’s operating budget, the Democrats now seeking to impose this pay cut will surely seek to avoid the same cut in the upcoming election-year. The resulting shortfall will have to be paid for with yet another increase in personal income tax for the majority of Delawareans.” In their battle against irresponsible taxes, all three agreed that they will also fight to put a one-year “sunset” to any Democratic imposed tax increase—a proposal the Democrats have already rejected.
“The tax increases pushed by the Democrats shift the burden from the state to Delaware’s families and small businesses,” said Rep. Kovach. “The proposed personal income tax increases, which will result in an additional burden on working-class families and individuals making over $50,000, is a terrible idea at a time when many are trying their best just to make ends meet. Coupled with the 25% property tax increase imposed by New Castle County, these increases will be unbearable to the average citizen.”
Republican-offered solutions, such as the elimination of redundant school administrative positions, cutting the Community Transportation Fund, and a temporary reduction in the prevailing wage paid by the state to contractors (often from out-of-state), have been largely ignored by the administration. Other possibilities include exploring a tax amnesty program and offering an efficiency rewards program.
“Quite simply, we must require that the state reduce the size and expense of government and avoid the placing the burden of oversized and bloated state government on the taxpayers,” said Rep. Kovach. “There are plenty of solutions that have been left off the table, contrary to what the Governor and House Democrats have claimed,” said Rep. Hudson.
Rep Lavelle, Hudson, and Kovach stand firm together, “We remain opposed to all tax increases until the government can certify that it has taken all immediately practical actions to reduce waste and inefficiency. At this point, we are not even close.”
You can usually see how beloved a person was by what was said about him after they die.
Take my reaction, for example:
My deepest condolences for his family and and his constituents. He was a much beloved man in his community, and I know that despite the controversy surrounding his tenure in the state Senate, he will be sorely missed by his district. Although his and my politics don’t agree, you have to respect someone that serves his district so well to be reelected to serve 30+ years.
You can tell by the absence of any emotion that there really wasn’t any. I didn’t like his politics so much I was planning on running a billboard in his district to embarrass him after the session was over, depending on the outcome of the budget. I wished I lived in his district so I can run against him and tarnish his image. I politically despised him, but I never met the man, and he could have been a peach to know personally. Hell if I knew, so I ran that notice.
Now look at the responses from all over:
At Delaware Liberal, DonViti could barely contain his contempt, not that I blame him.
Donsquishydishimaharishi // Jun 23, 2009 at 8:36 pm
it’s a shame that he worked right up till the very end. There was no time for what he personally and singlehandedly did to the state to abate and allow people to remember all the good that he did
From the Minority Caucus website:
House Minority Leader Richard Cathcart: “Sen. Adams was more than just a legislator, he was the embodiment of Sussex County: conservative, reserved, and always a gentleman. Another legislator will be selected to serve in the role of Senate President Pro Tem, but there will never be a replacement for Thurman.”
House Minority Leader Dan Short: “Thurman Adams not only represented his district well in Dover, he was also representative of it, bringing with him the down-to-earth values that are common of the people in western Sussex. His constituents have lost more than a local official. They’ve lost a good friend and neighbor.”
Nothing heartwarming or reminiscent there as well. Empty.
The only thoughtful statement came, from all people, Mike Castle:
“With the passing of Senator Thurman Adams today, the Adams’ family, Delaware and the state legislature have lost a true friend who was a strong and trusted leader. I have served with Thurman for many years- from my time as a State Senator through my service as Lt. Governor, Governor and a Member of the US Congress. Over that time, he was unwavering in support for his constituents and has always worked to achieve the greater good for Delaware. His word was his bond and I was able to confide in him many times over the years. Thurman also played a huge part in determining who served in the judiciary and other important posts in Delaware and his strong, positive force in our legislature strengthened our courts and state for many decades. His passing will leave a huge hole in the General Assembly at a very important time. He will be deeply missed by many and I will closely hold the memories that I have of him, including several evenings we spent sitting on the porch at Woodburn when I was Governor discussing the events of the day, and his beloved Baltimore Orioles. He was a real friend to me over the years and I pass along my deepest sympathy to his daughters Lynn and Polly and the rest of his family.”
Even then he dropped info like he read it straight out of a Rolodex. Kids, Orioles, Judiciary.
Sad.
It is unfortunate that we need to skip around to this section already, but due to Senator Adams’ passing, it might be appropriate.
So, let’s skip Article I, the Bill of Rights for now and move straight to Article II, which defines our state legislature.
It looks, from what is written here, that there is no proxy clause to fill the seat, and the only way that it can be dealt with is by the Senate calling for a special election to fill the remainder of the term, which would have gone to the Governor if the Assembly was not in session. The Senate will elect another Pro Tempore in the meantime, and it looks as though the seat remains empty until the election is held.
ARTICLE II.
LEGISLATURE
§1. General Assembly to hold legislative power; composition.
Section 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives.
§2. Composition of House and Senate; terms of office; districts; election.
NOTE
Sections 2 and 2A, Article II of the Constitution relating to the composition of the House and Senate was declared unconstitutional by the Supreme Court of the United States on June 15, 1964. Roman et all. v. Sincock et al. 377 U.S. 395. The composition of the General Assembly is now regulated by statute.
§2A. Additional representative districts.
See the Note under Section 2, Article II, above.
§2B. Delegates to Constitutional Convention.
Section 2B. The number of delegates and the method of electing delegates to the Constitutional Convention as provided in Section 2, Article 16, shall not be affected by the addition of Representatives or Representative Districts, pursuant to Section 2A of this Article. The Representative Districts which shall elect delegates to the Constitutional Convention are as set forth in Section 2 of this Article.
§3. Qualifications of members.
Section 3. No person shall be a Senator who shall not have attained the age of twenty-seven years and have been a citizen and inhabitant of the State three years next preceding the day of his election and the last year of that term an inhabitant of the Senatorial District in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. No person shall be a Representative who shall not have attained the age of twenty-four years, and have been a citizen and inhabitant of the State three years next preceding the day of his election, and the last year of that term an inhabitant of the Representative District in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State.
§4. Time and frequency of sessions.
Section 4. The General Assembly shall convene on the second Tuesday of January of each calendar year unless otherwise convened by the Governor, or by mutual call of the presiding officers of both Houses.
The General Assembly may continue in session each calendar year so long as, in its judgment, the public interest may require; however, each session shall not extend beyond the last day of June unless the session is recalled by the Governor or the mutual call of the presiding officers of both Houses.
§5. Place of meeting.
Section 5. The General Assembly shall meet and sit in Dover, the capital of the State; provided, however, that in case of insurrection, conflagration or epidemic disease the General Assembly may temporarily meet and sit elsewhere.
§6. Vacancies; tenure of office of persons elected to fill.
Section 6. Whenever there shall be a vacancy in either House of the General Assembly, by reason of failure to elect, ineligibility, death, resignation or otherwise, a writ of election shall be issued by the presiding officer of the House in which the vacancy exists, or in case of necessity in such other manner as shall be provided by law; and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term. And whenever there shall be such vacancy in either House, and the General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the presiding officer of either House in case of vacancy, and the person thereupon chosen to fill such vacancy shall hold office for the residue of the term.§7. President pro tempore, Speaker and other officers; absence of presiding officers.
Section 7. The Senate at the first annual session of every new General Assembly shall choose one of its members president pro tempore, who shall preside in the absence of the Lieutenant-Governor, or in case the latter shall become Governor or while he continues in the exercise of the office of Governor by reason of disability of the Governor. The Senate shall also choose its other officers and in the absence of the Lieutenant-Governor and its president pro tempore may, from time to time, as occasion may require, appoint one of its members to preside. The House of Representatives at such first annual session shall choose one of its members speaker and also choose its other officers, and in the absence of the speaker may from time to time, as occasion may require, appoint one of its members to preside.
§8. Each House as judge of elections and qualifications of its members; quorum; adjournments; compelling attendance.
Section 8. Each House shall be the judge of the elections, returns and qualifications of its own members; and a majority of all the members elected to each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall have power to compel the attendance of absent members, in such manner and under such penalties, as shall be deemed expedient.
§9. Rules; punishment and expulsion of members; scope of powers.
Section 9. Each House may determine the rules of its proceedings, punish any of its members for disorderly behavior, and with the concurrence of two-thirds of all the members elected thereto expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and independent State.
§10. Journals; publication; entry of yeas and nays; passage of bills and resolutions.
Section 10. Each House shall keep a journal of its proceedings, and publish the same immediately after every session, except such parts as may require secrecy. The names of the members voting for and against any bill or joint resolution, except in relation to adjournment, shall on the final vote be entered on the journal; and the yeas and nays of the members on any question shall, at the desire of any member, be entered on the journal. No bill or joint resolution, except in relation to adjournment, shall pass either House unless the final vote shall have been taken by yeas and nays, nor without the concurrence of a majority of all the members elected to each House.
§11. Accessibility to each House and Committees of the Whole.
Section 11. The doors of each House, and of Committees of the Whole, shall be open unless when the business is such as ought to be kept secret.
§12. Consent of each House to adjournment.
Section 12. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
§13. Immunity from arrest and questioning of speeches.
Section 13. The Senators and Representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
§14. Holding dual office or having interest in army or navy contract.
Section 14. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during such time. No member of Congress, nor any person holding any office under this State, or the United States, except officers usually appointed by the courts of Justice respectively, attorneys-at-law and officers of the militia, holding no disqualifying office, shall during his continuance in Congress or in office be a Senator or Representative; nor shall any person while concerned in any army or navy contract be a Senator or Representative.
§15. Compensation, Expenses and Allowances of Members
Section 15. The President of the Senate and members of the General Assembly shall receive an annual salary and an annual expense allowance for transportation and such other necessary and proper purposes as the General Assembly shall by law provide. Funds appropriated hereunder shall be paid out of the Treasury of the State.
§16. Restriction of bills and resolutions to one subject; expression in title; exception.
Section 16. No bill or joint resolution, except bills appropriating money for public purposes, shall embrace more than one subject, which shall be expressed in its title.
§17. Lotteries and other gambling.
Section 17. All forms of gambling are prohibited in this State except the following:
(a) Lotteries under State control for the purpose of raising funds,
(b) Lotteries (other than slot machines, roulette, craps, and baccarat games) provided that each is sponsored and conducted under the limitations of Section 17B by companies, organizations, or societies which have been in existence for at least two years; provided, however, that no person who shall not have attained the age of 18 years shall participate in any lottery (where money is the prize) otherwise authorized by the Article. (6-2-83)
(c) Wagering or betting by the use of pari-mutuel machines or totalizators on horse races conducted at racetracks within or without the State, provided that such wagering or betting may be conducted only either:
(1) within the enclosure of any racetrack licensed under the laws of the State to conduct a race meeting, or
(2) within the enclosure of any racetrack licensed under the laws of the State to receive and accept wagers or bets on electronically televised simulcasts of horse races. (1/24/91)
(d) Bingo games as conducted under the limitations of Section 17A.
The General Assembly shall enforce this Section by appropriate legislation.
§17A. Bingo games; organizations authorized to conduct; submission to referendum; districts; regulation; penalties.
Section 17A. The game of Bingo shall be lawful when sponsored and conducted by Volunteer Fire Companies, Veteran’s Organizations, Religious or Charitable Organizations, or by Fraternal Societies provided the net receipts or profits arising from the conducting or operating of such Bingo games by the aforementioned Companies, Organizations, or Societies are used solely for the promotion or achievement of the purposes of such Companies, Organization, or Societies, and provided further that the aforementioned Companies, Organizations or Societies are operated in a manner so as to come within the provisions of Section 170 of the U.S. Revenue Code and Regulations promulgated thereunder by the U. S. Secretary of the Treasury.
1. The General Assembly shall provide by law for the submission to the vote of the qualified electors of the several districts of the State, or any of them, mentioned in subparagraph 2 of Section 17A of this article at the General Election held in 1958, the question whether the playing of the game of “Bingo” shall be licensed or prohibited within the limits thereof; and in every district in which there is a majority against license, no organization, mentioned in Section 17A, shall thereafter sponsor or permit the playing of “Bingo”, within said district, until at a subsequent submission of such question a majority of votes shall be cast in said district for license. Whenever a majority of all the members elected to each House of the General Assembly by the qualified electors in any district named in subparagraph 2 of Section 17A of this Article shall request the submission of the question of license or no license to a vote of the qualified electors in said district, the General Assembly shall provide for the submission of such question to the qualified electors in such district at the next general election thereafter.
2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County, one district.
3. The General Assembly shall provide necessary laws to carry out and enforce the provisions of this Article, enact laws governing the game of “Bingo” under the limitations of this Article, and may provide such penalties as may be necessary to enforce same.
§17B. Lotteries not under State control; organizations to conduct; submission to referendum; districts; regulation; penalties.
Lotteries not under State control shall be lawful when sponsored and conducted by Volunteer Fire Companies, Veterans Organizations, Religious or Charitable Organizations, or by Fraternal Societies provided that said Company, Organization or Society has been in existence a minimum of two years and provided the net receipts or profits arising from the conducting or operating of such lotteries by the aforementioned Companies, Organizations, or Societies are used solely for the promotion or achievement of the purposes of such Companies, Organizations, or Societies, and provided further that the aforementioned Companies, Organizations, or Societies are operated in a manner so as to come within the provisions of Section 170 of the U.S. Revenue Code and Regulations promulgated thereunder by the U.S. Secretary of the Treasury.
1. The General Assembly shall provide by law for the submission to the vote of the qualified electors of the several districts of the State, or any of them, mentioned in subparagraph 2 of Section 17B of this Article at the General Election held in 1984, the question whether the playing of lotteries not under State control shall be licensed or prohibited within the limits thereof; and in every district in which there is a majority against license, no organization, mentioned in Section 17B, shall thereafter sponsor or permit lotteries not under State control, within said district, until at a subsequent submission of such question a majority of votes shall be cast in said district for license. Whenever a majority of all the members elected to each House of the General Assembly by the qualified electors in any district named in subparagraph 2 of Section 17B of this Article shall request the submission of the question of license or no license to a vote of the qualified electors in said district, the General Assembly shall provide for the submission of such question to the qualified electors in such district at the next general election thereafter.
2. Under the provisions of this Article, Sussex County shall comprise one district, Kent County shall comprise one district, the City of Wilmington, as its corporate limits now are or may hereafter be extended, one district, and the remaining part of New Castle County, one district.
3. The General Assembly shall enact comprehensive legislation providing for licensing for all organizations conducting and regulating the conduct of lotteries under the provisions of this section and may provide such penalties as may be necessary to enforce such legislation. (6-2-83)
§18. Divorce or alimony.
Section 18. No divorce shall be granted, nor alimony allowed, except by the judgment of a court, as shall be prescribed by general and uniform law.
§19. Local or special laws relating to fences, live stock, ditches, school districts, and roads, highways, streets, etc.
Section 19. The General Assembly shall not pass any local or special law relating to fences; the straying of live stock; ditches; the creation or changing the boundaries of school districts; or the laying out, opening, alteration, maintenance or vacation, in whole or in part of any road, highway, street, lane or alley; provided, however, that the General Assembly may by a vote of two-thirds of all the members elected to each House pass laws relating to the laying out, opening, alteration or maintenance of any road or highway which forms a continuous road or highway extending through at least a portion of the three counties of the State.
No road, highway or street, intended to be dedicated to public use and maintained at public expense, shall be constructed except in conformance with standards adopted by the agency charged with construction, reconstruction or maintenance of such road, highway, or street. Any road or street, constructed solely for private use, shall only be maintained at State expense after it has been constructed or reconstructed according to the standards established by the agency charged with the duty of maintaining such roads or streets.
§20. Disclosure of personal or private interest of legislator in any pending measure.
Section 20. Any member of the General Assembly who has a personal or private interest in any measure or bill pending in the General Assembly shall disclose the fact to the House of which he is a member and shall not vote thereon.
§21. Conviction of crime as ban to public office.
Section 21. No person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State.
§22. Bribery of executive, judicial or legislative officers.
Section 22. Every person who shall give, offer or promise, directly or indirectly, any money, testimonial, privilege, personal advantage or thing of value to any executive or judicial officer of this State or to any member of either House of the General Assembly for the purpose of influencing him in the performance of any of his official or public duties shall be deemed guilty of bribery, and shall be punished in such manner as shall be provided by law.
§23. Statutes as public laws unless otherwise declared.
Section 23. Every statute shall be a public law unless otherwise declared in the statute itself.
§24. Settlement of accounts of State Treasurer; ineligibility for legislative office until settlement.
Section 24. The State Treasurer shall settle his accounts annually with the General Assembly or a joint committee thereof, which shall be appointed at every ninety legislative day session. No person who has served in the office of State Treasurer shall be eligible to a seat in either House of the General Assembly until he shall have made a final settlement of his accounts as treasurer and discharged the balance, if any, due thereon.
§25. Laws permitting zoning ordinances and use of land.
Section 25. The General Assembly may enact laws under which municipalities and the County of Sussex and the County of Kent and the County of New Castle may adopt zoning ordinances, laws or rules limiting and restricting to specified districts and regulating therein buildings and structures according to their construction and the nature and extent of their use, as well as the use to be made of land in such districts for other than agricultural purposes; and the exercise of such authority shall be deemed to be within the police power of the State.
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