Bill Text: DE SCR63 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: Requesting An Advisory Opinion Of The Justices Of The Delaware Supreme Court

Spectrum: Partisan Bill (Republican 22-1)

Status: (Introduced - Dead) 2016-04-21 - Defeated by Senate. Votes: Defeated 9 YES 11 NO 0 NOT VOTING 1 ABSENT 0 VACANT [SCR63 Detail]

Download: Delaware-2015-SCR63-Draft.html

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SPONSOR:	Sen. Lavelle & Sen. Simpson & Rep. D. Short & Rep. Hudson
	Sens. Bonini, Lopez, Richardson, Pettyjohn, Hocker, Lawson, Reps. Wilson, Gray, Briggs King, Outten, Collins, Dukes, Spiegelman, Kenton, Miro, Ramone, Smyk & Rep. Kowalko

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 63

REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT

WHEREAS, §1, Article II of the Delaware Constitution places the legislative power of this State in the General Assembly; and

WHEREAS, §6, Article VIII of the Delaware Constitution, forbids money to be drawn from the treasury expect pursuant to an appropriation made by Act of the General Assembly; and

WHEREAS, pursuant to settlement agreements, Bank of America and Citigroup agreed to pay to the State of Delaware $52,350,000 (collectively); and

WHEREAS, the Attorney General of Delaware has claimed that no Act of the General Assembly is required for him to disburse the money from the settlements; and

WHEREAS,the Joint Finance Committee for the General Assembly has voted to disburse the money from the settlements, and

WHEREAS, §141 of Title 10 of the Delaware Code allows the General Assembly to request an Opinion of the Justices of the Delaware Supreme Court.

NOW THEREFORE:

BE IT RESOLVED by the Senate of the 148^th General Assembly of the State of Delaware, the House concurring therein, that the General Assembly hereby requests an Opinion of the Justices of the Delaware Supreme Court as to the following questions:

1. Does the term "treasury" contained in §6(a), Article VIII of the Delaware Constitution include money paid to the State in settlement of a complaint filed in a civil action by the State?
2. Does § 6(a), Article VIII of the Delaware Constitution forbid settlement money paid to the State from being dispersed without being appropriated by an Act of the General Assembly?
3. Does the Attorney General have the authority to disperse the settlement money referenced in this Resolution without an Act of the General Assembly?
4. Does a vote by the Joint Finance Committee meet the requirement for an "Act of the General Assembly" under §6(a), Article VIII of the Delaware Constitution?

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Justices of the Delaware Supreme Court.

SYNOPSIS

This Concurrent Resolution requests an Opinion of the Justices of the Delaware Supreme Court as to the Constitutional authority to disburse settlement monies paid to the State.

AUTHOR: Senator Lavelle