SB 290 DE
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC BODIES.
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Summary
Delaware SB 290 clarifies that the presence of a quorum does not determine the identity of a public body under Delaware law. While quorum under parliamentary procedure and Delaware's Freedom of Information Act (FOIA) is used to determine whether a meeting is occurring and whether open meeting requirements apply, it does not determine which public body is actually meeting. The governing document that creates the public body determines its identity under parliamentary procedure, and the actual public business being conducted provides additional guidance in determining the body's identity for FOIA purposes.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
This Act clarifies that quorum does not define the identity of a public body. Under rules of parliamentary procedure like Mason’s Manual or Robert’s Rules of Order, quorum is used to determine whether enough of a body is present to conduct business. Under Delaware’s Freedom of Information Act (FOIA), quorum is used to determine whether a public body is holding a “meeting” as defined under FOIA and therefore required to comply with open meeting requirements. However, quorum is not, under parliamentary procedure or FOIA, dispositive to determining the identity of the public body that is meeting. The governing document that creates the body determines the identity of the body under parliamentary law and that, in addition to an examination of the actual public business being conducted, will guide answers to questions about the identity of the public body for purposes of FOIA.
Sponsors (3)
- Bryan Townsend Democratic · primary
- Ray Seigfried Democratic · primary
- Kerri Evelyn Harris Democratic · primary
Action history (7)
- Apr 21, 2026 Introduced and Assigned to Elections & Government Affairs Committee in Senate · upper
- May 6, 2026 Reported Out of Committee (Elections & Government Affairs) in Senate with 1 Favorable, 5 On Its Merits · upper
- May 14, 2026 Passed By Senate. Votes: 21 YES · upper
- May 19, 2026 Assigned to Administration Committee in House · lower
- Jun 17, 2026 Reported Out of Committee (Administration) in House with 3 On Its Merits · lower
- Jun 23, 2026 Passed By House. Votes: 39 YES 1 NO 1 ABSENT · lower
- Jul 23, 2026 Signed by Governor · executive
Full text
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