Bill Text: DE SJR9 | 2013-2014 | 147th General Assembly | Engrossed
Bill Title: Resolved That The Delaware General Assembly Express Its Opposition To The Federal Mandate That The State Enact And Enforce A Law Requiring Revocation Of The Driver’s License Of A Person Upon Conviction Of Any Drug Offense And Urging The Governor To Certify His Opposition To The Same To The United States Department Of Transportation.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2014-07-09 - Signed by Governor [SJR9 Detail]
Download: Delaware-2013-SJR9-Engrossed.html
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SPONSOR: |
Sen. Townsend & Sens. Henry, & McDowell, & Rep. J. Johnson |
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Sens. Blevins, Peterson, Venables; Reps. Baumbach, Keeley, Kowalko, Osienski, Paradee |
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SENATE JOINT RESOLUTION NO. 9 AS AMENDED BY SENATE AMENDMENT NO. 1 |
RESOLVED THAT THE DELAWARE GENERAL ASSEMBLY EXPRESS ITS OPPOSITION TO THE FEDERAL MANDATE THAT THE STATE ENACT AND ENFORCE A LAW REQUIRING REVOCATION OF THE DRIVER'S LICENSE OF A PERSON UPON CONVICTION OF ANY DRUG OFFENSE AND URGING THE GOVERNOR TO CERTIFY HIS OPPOSITION TO THE SAME TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION.
WHEREAS, pursuant to 23 U.S.C. 159, the United States Secretary of Transportation is required to withhold eight per cent of a state's highway-related funds unless that state either enacts and enforces a law requiring a six-month suspension or revocation of the driver's license of any individual convicted of any violation of the Controlled Substances Act or other drug law, or the Governor of the state submits written certifications by the Governor and the state legislature that both are opposed to the enactment and enforcement of such a law; and
WHEREAS, after the careful examination of this mandate, the Delaware General Assembly hereby determines that such a law requiring the suspension or revocation of the driver's license of an individual based upon a drug offense regardless of whether the offense is related to the operation of a motor vehicle needlessly strains limited state financial and manpower resources as well as unnecessarily increases the paperwork and bureaucracy of the state government; and
WHEREAS, the granting or withholding of driving privileges is and has always been a prerogative of the states to decide for themselves, not for the federal government to decide, and the state of Delaware has already enacted sufficient laws to deter illegal drug activity;
NOW, THEREFORE:
BE IT RESOLVED by the Senate and the House of Representatives of the 147th General Assembly of the State of Delaware, with the approval of the Governor, to declare our opposition to the federal government mandating that the states enact and enforce a law that provides for the suspension or revocation of the driver's license of an individual based upon a conviction of a drug offense; and
BE IT FURTHER RESOLVED, that we, the members of the 147th General Assembly of the State of Delaware, urge Governor Jack A. Markell to submit written certification to the United States Secretary of Transportation expressing his opposition to this federal mandate along with a written certification that the Delaware General Assembly has adopted this resolution.
