Bill Text: DE SB73 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act Proposing An Amendment To The Constitution Of The State Of Delaware Relating To Legislative Authority And Providing For Referendum.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-05 - Assigned to Executive Committee in Senate [SB73 Detail]
Download: Delaware-2011-SB73-Draft.html
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SPONSOR: |
Sen. McBride |
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Sen. Bushweller |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 73 |
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AN ACT PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO LEGISLATIVE AUTHORITY AND PROVIDING FOR REFERENDUM. |
Section 1.Amend Article II of the Constitution of the State of Delaware by striking Section 1 in its entirety, and substituting in lieu thereof the following:
"§1.Legislative Authority; Referendum
Section 1. The legislative authority of the State shall be vested in a General Assembly, consisting of a Senate and a House of Representatives, but the people reserve, for use at their own option, the power to approve or reject at the polls any statute, law, resolution, item, or section, or any part of an Act or resolution of the General Assembly."
Section 2. Amend Article II of the Constitution of the State of Delaware by adding thereto a new section to read as follows:
"27.Referendum
Section 27.
(a) No legislation shall become effective until after the expiration of a sixty-day suspension period immediately following enactment of such legislation into law; provided however, that emergency legislation which stipulates within the legislation that it is immediately necessary for the preservation of the public health or safety, or is immediately necessary for the continuance of State government, shall not be suspended.No legislation which creates or abolishes any office or agency; which changes the compensation, term, or duties of any State officer; which grants any franchise or special privilege; which adds or which increases any fee, assessment, or civil penalty; or which creates any vested right or interest shall be enacted as emergency legislation.Although not subject to the sixty-day suspension period, emergency legislation is nevertheless subject to possible repeal by the referendum process.
(b) An act or resolution shall be subject to referendum if more than one percent of the registered electors of this State request by a referendum petition that the Act or resolution, or any part thereof, be subject to a referendum; provided however, that the referendum petition shall first be timely filed with the State Election Commissioner during the sixty-day suspension period.The Commissioner shall verify all signatures, and shall approve any referendum petition which has the required number of valid signatures.When a referendum petition has been timely filed, the legislation to which it relates shall not become effective until such legislation is approved by the electors in the next immediate general election.
(c) A petition which has been filed within the suspension period, but which is later determined by the Commissioner not to have the required number of valid signatures, has nevertheless been timely filed if it meets all other requirements.A timely petition which does not have the required number of signaturesshall be returned to its sponsors for correction.If the corrected petition is filed with and approved by the Commissioner not less than one hundred and twenty days prior to the date of the next general election, the legislation to which it relates shall be subject to a referendum vote at such general election.Where the Act subject to a referendum is a proposed Constitutional amendment, the referendum shall be held at the general election immediately following passage of either the proposing or the concurring portion of said Constitutional amendment.
(d) When legislation submitted to the electors of this State in a referendum vote is not approved by a majority of those voting in the election it shall, at the expiration of thirty days following such election, be automatically repealed, and the Governor shall issue a proclamation giving notice of such repealer.Otherwise, it shall become effective when the results of the general election are officially proclaimed or should have been proclaimed, unless the legislation itself provides differently.Where a referendum petition relates to emergency legislation, such legislation shall remain in force and effect until the election, but if rejected it shall be automatically repealed thirty days thereafter.
(e) Referendum votes shall be counted, canvassed and returned in the same manner as is prescribed for the election of State officers.Nothing in this Section shall be interpreted as limiting or restricting in any manner the rights and powers of the General Assembly, through legislation, to place any specific matter before the voters in a special referendum.Except as is set forth otherwise within the legislation itself, any such special referendum shall conform to the provisions of this Section."
Section 3.If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions nor applications of this Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Section 4.After this proposed Constitutional amendment has been first agreed to by two-thirds of all members elected to each House, the Governor may, at his discretion, request the Justices of Supreme Court to determine the constitutionality of this proposed Constitutional amendment.
Section 5.The General Assembly may by appropriate legislation provide such additional laws as are necessary to effectively carry out the provisions of this Act.
SYNOPSIS
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This Act provides for Referendum. Under this Act, the right of Referendum is confined to a 60-day period immediately following the enactment of legislation into law. Thus, except for emergency legislation, those Acts which presently become effective upon signature would become effective 60 days after signature unless made subject to a referendum. Non-emergency legislation which is affected by a valid referendum petition remains suspended until the next immediate general election, when it is approved or rejected. Legislation subject to a referendum vote becomes effective at the same time as all other results of the general election. |
Author: Senator McBride
