Bill Text: DE HB232 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act Proposing An Amendment To Article Iv, 11 Of The Delaware Constitution Relating To Certification Of Questions Of Law To The Supreme Court.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Enrolled - Dead) 2014-06-25 - Enact w/o Sign by Governor [HB232 Detail]

Download: Delaware-2013-HB232-Draft.html

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SPONSOR:	Rep. M. Smith & Rep. Walker & Sen. Henry & Sen. Townsend
	Reps. Baumbach, Jaques, J. Johnson, Mitchell; Sens. Bushweller, Lopez

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 232

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV, §11 OF THE DELAWARE CONSTITUTION RELATING TO CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME COURT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1.Amend Article IV, §11 of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§11. Jurisdiction of Supreme Court.

Section 11. The Supreme Court shall have jurisdiction as follows:

(8) To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state, the highest appellate court of any foreign country, or any foreign governmental agency regulating the public issuance or trading of securities, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it.The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.

SYNOPSIS

This is the first leg of a constitutional amendment that would expand the list of entities that may certify questions of law to the Delaware Supreme Court to include the highest appellate court of any foreign country and any foreign governmental agency that regulates the issuance or trading of securities.