Bill Text: DE SB221 | 2011-2012 | 146th General Assembly | Draft

Delaware Senate Bill 221 (Prior Session Legislation)

Draft

Bill Title: An Act Proposing An Amendment To Article Iv, Section 11 Of The Delaware Constitution Of 1897, As Amended Relating To Certification Of Questions Of Law To The Supreme Court.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled - Dead) 2012-07-05 - Enact w/o Sign by Governor [SB221 Detail]

Download: Delaware-2011-SB221-Draft.html

SPONSOR:	Sen. Blevins & Rep. M. Smith

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 221

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV, SECTION 11 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED 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, Section 11 paragraph (8) of the Delaware Constitution of 1897, as amended by making insertions as shown by underlining 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, 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 amendment adds the United States Bankruptcy Courts to the list of entities that may certify questions of law to the Delaware Supreme Court.This is the first leg.

Author: Sen. Blevins