Bill Text: DE SB171 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 1 Of The Delaware Code Relating To Drafting Legislation.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Enrolled - Dead) 2014-06-12 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 4 On Its Merits [SB171 Detail]
Download: Delaware-2013-SB171-Draft.html
SPONSOR: |
Sen. Peterson & Rep. Keeley |
|
Sens. Ennis, Lopez, Pettyjohn, Sokola, Townsend; Reps. Baumbach, J. Johnson, Q. Johnson, Kowalko, Osienski, Ramone |
DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
SENATE BILL NO. 171 |
AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO DRAFTING LEGISLATION. |
Section 1. Amend §109, Title 1 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§109. Amendments to Code.
(d)(1) When it is the purpose of an amendment
a bill to change the language
of a section code provision, as distinct from effecting affecting an outright repeal of the section
code provision, the amendment change shall not be made by
repealing the section code provision and enacting a new section
in lieu thereof. Any bill or amendment which amends an existing statute
or bill code provision shall set out in full that part of the statute
of a bill code provision to be amended and shall indicate the words
to be deleted by strike through and shall indicate new words by underlining
underline. If the changes are such as do not lend themselves easily to
this type of amendment, the amending act may state that the section (specifying
it by section and title number) is amended to read as thereinafter set forth. A
section should be repealed, as distinct from amended, when an outright repeal
thereof is intended or when the subject matter of the proposed new law is more
than a mere amendment or revision of the old section.
(2) In the case of amendments to bills, the amendment shall indicate the line(s) affected by the amendment and then set forth the text to be deleted in quotation marks or where text is to be inserted by identifying the text in quotation marks on either side of the insertion, if necessary.The amendment to the bill shall instruct whether or not text is to be deleted or inserted.Text to be deleted or inserted shall be set forth in quotation marks and shall be marked as if in the bill with the appropriate strike through, underline or neither.
(h) No law shall be invalid because it was not enacted in conformity with this section.
SYNOPSIS
After the General Assembly adopted a drafting procedure using strikethrough and underline, some inconsistencies and confusion about how amendments to bill should be drafted resulted.In the effort to update the Legislative Drafting Manual, the Division of Research of Legislative Counsel and Senate and House Attorneys recommended simplifying and clarifying amendment process reflected in this bill. |
Author: Senator Peterson