§ 1002. Restrictions relating to personal or private interest.
388 words·~2 min read·
/de/title-29/chapter-10-legislative-conflicts-of-interest/1002·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A legislator 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 the legislator is a member and shall not participate in the debate nor vote thereon; provided, that upon the request of any other member of the House or Senate, as the case may be, a legislator who has such a personal or private interest may nevertheless respond to questions concerning any such measure or bill. A personal or private interest in a measure or bill is an interest which tends to impair a legislator’s independence of judgment in the performance of the legislator’s legislative duties with respect to that measure or bill.
(b)A legislator has an interest which tends to impair his or her independence of judgment in the performance of his or her legislative duties with regard to any bill or measure when any of the following apply:
(1)The enactment or defeat of the measure or bill would result in a financial benefit or detriment to accrue to the legislator or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons.
(2)The legislator or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by a measure or bill to a lesser or greater extent than like enterprises or other interests in the same enterprise.
(3)A person required to register as a lobbyist under Chapter 58 of this title is a close relative of the legislator and that person acts to promote, advocate, influence, or oppose the measure or bill.
(c)Disclosure required under subsection
(a)of this section shall be made in open session:
(1)Prior to the vote on the measure or bill by any committee of which the legislator is a member; and
(2)Prior to the vote on the measure or bill in the House of which the legislator is a member.
(d)A legislator who violates the provisions of this section shall be subject to such sanction as shall be prescribed by the House of which the legislator is a member pursuant to rules adopted under article II, § 9 of the Delaware Constitution.