Bill Text: DE HB340 | 2019-2020 | 150th General Assembly | Draft
Bill Title: An Act Proposing An Amendment To Articles Ii And Iii Of The Delaware Constitution Relating To State Of Emergency Orders.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2020-05-29 - Introduced and Assigned to Administration Committee in House [HB340 Detail]
Download: Delaware-2019-HB340-Draft.html
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SPONSOR: |
Rep. Spiegelman & Sen. Delcollo |
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Reps. Briggs King, D. Short, Smyk, Yearick; Sens. Lopez, Pettyjohn |
HOUSE OF REPRESENTATIVES
150th GENERAL ASSEMBLY
HOUSE BILL NO. 340
AN ACT PROPOSING AN AMENDMENT TO ARTICLES II AND III OF THE DELAWARE CONSTITUTION RELATING TO STATE OF EMERGENCY ORDERS.
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 II of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:
Section 26. Upon notice from the Governor, pursuant to Article III, § 15, that he or she intends to extend a State of Emergency Order beyond 14 days, including any Executive Order extending, amending, guiding or otherwise modifying the State of Emergency Order, the Senator Pro Tempore, the Speaker of the House, and the Minority Leaders in each chamber shall forthwith appoint four members, one from each caucus of the Senate and House sitting on an appropriate Committee, to review and consider the extension, amendment, guidance or other modification to the State of Emergency Order.
Section 2. Amend Article III, § 15 of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 15. Messages to General Assembly.
Section 15. He or she shall, from time to time, give to the General Assembly information of affairs concerning the State and recommend to its consideration such measures as he or she shall judge expedient. Prior to the extension of a State of Emergency Order beyond 14 days, including any Executive Order extending, amending, guiding or otherwise modifying a State of Emergency Order, the Governor shall inform the Senator Pro Tempore, the Speaker of the House, and the Minority Leaders in each chamber of such executive action no later than twenty-four hours prior to the issuance of any extension, amendment, guidance or other modification to the State of Emergency Order.
SYNOPSIS
Delaware’s Constitution does not currently require the Governor to inform the General Assembly in advance of issuing extensions to State of Emergency Orders or any executive order extending, amending, guiding or modifying a State of Emergency Order. In that the General Assembly is a separate branch of government, serving as a necessary check on executive power, these constitutional amendments require the Governor to inform the General Assembly no later than 24 hours prior to the issuance of a State of Emergency Order Beyond 14 days, including any executive order extending, amending, guiding or otherwise modifying a State of Emergency Order. In such circumstances the Senator Pro Tempore and the Speaker of the House shall convene four members of the General Assembly, one from each caucus of the House and Senate sitting on an appropriate House or Senate Committee, to review and consider the extension, amendment, guidance or modification to any State of Emergency Order.
