FORMERLY HOUSE BILL NO. 28
AS AMENDED BY HOUSE
AMENDMENT NO. 1 AND SENATE
AN ACT TO AMEND CHAPTER 1, TITLE 10 OF THE DELAWARE CODE, RELATING TO ADVISORY OPINIONS BY THE JUSTICES OF THE SUPREME COURT; AND PROVIDING FOR THE BRIEFING OF ISSUES SUBMITTED BY THE GOVERNOR; AND REQUIRING NOTIFICATION TO THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Section 141, Title 10, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new section 141 to read as follows:
§ 141. Opinions of the Justices upon request of the Governor
(a) The Justices of the Supreme Court, whenever the Governor of this State may require it for public information, or to enable him to discharge the duties of his office with fidelity, may give him their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law enacted by the Legislature of this State or the constitutionality of any proposed constitutional amendment which shall have been rust agreed to by two-thirds of all members elected to each House.
(b) The Justices of the Supreme Court may, in their discretion, appoint one or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing and/or arguing the legal issues submitted by the Governor.
(c) Whenever the Governor, pursuant to this section, requests an opinion of the Supreme Court, he shall within five days, notify each member of the General Assembly by sending him a copy of such request.
(d) Upon receipt of such Advisory Opinion from the Supreme Court the Governor shall, within five days, notify each member of the General Assembly by sending him a copy of such Advisory Opinion.