Delaware General Assembly

Senate Executive 1/19/05

The General Assembly has ended, the current status is the final status.

1/19/05

McBride

Rep. Valihura

Sen. Sokola, Bonini
Reps. Maier, Wagner

AN ACT PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO LEGISLATIVE AUTHORITY AND PROVIDING FOR INITIATIVE AND REFERENDUM.

This Act provides for Initiative and Referendum. There are two forms of Initiative: direct and indirect. In the direct Initiative procedure, when there is a sufficient number of signatures on the petition, the initiated proposal is automatically assigned space on the ballot for the next forthcoming election. In the indirect Initiative procedure, the proposal is first placed before the General Assembly for study and possible amendment. However, inaction or disapproval by the General Assembly does not prevent the placing of the proposal on the ballot for the public’s approval or rejection. This Act provides for an indirect Initiative. 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.

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Takes effect upon being signed into law

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