Bill Text: DE HB48 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act Concurring In A Proposed Amendment To Article Iv, 11 Of The Delaware Constitution Relating To Certification Of Questions Of Law To The Supreme Court.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Enrolled - Dead) 2015-05-14 - Enact w/o Sign by Governor [HB48 Detail]
Download: Delaware-2015-HB48-Draft.html
SPONSOR: |
Rep. M. Smith & Sen. Henry & Sen. Townsend Reps. Baumbach, Brady, Jaques, J. Johnson, Mitchell, Paradee, Potter, Spiegelman, Wilson;Sens. Bushweller, Lopez |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 48 |
AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE IV, § 11 OF THE DELAWARE CONSTITUTION RELATING TO CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME COURT. |
WHEREAS, an amendment to the Delaware Constitution was proposed in the 147th General Assembly, being Chapter 270, Volume 79, Laws of Delaware, as follows:
"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."; and
WHEREAS
the proposed amendment was adopted by two-thirds of all members elected to each
house of the 147th General Assembly;
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 Act is the second 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. |