DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE BILL NO. 37

AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO THE LEGISLATURE.

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 II of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 26. Vote requirement to amend an act that contains a provision that results in the act’s expiration on a certain date.

When an act of the General Assembly contains a provision that results in the act’s expiration on a certain date, and a vote greater than a majority of all the members elected to each House is required to pass the act, the provision that results in the act’s expiration on a certain date may be amended after the act’s enactment only by the same vote required to pass the act in the first instance.

SYNOPSIS

This Act is the first leg of a constitutional amendment that would require the same super-majority vote to amend a provision that results in the act's expiration on a certain date, also known as a "sunset" provision, as was required to pass the act in the first instance.

Author: Senator Pettyjohn