CHAPTER 304
AN ACT AGREEING TO A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE OF DELAWARE BY ADDING A NEW ARTICLE ENTITLED "CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS IN PERIODS OF EMERGENCY RESULTING FROM DISASTERS CAUSED BY ENEMY ATTACK."
WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 120th General Assembly as follows:
An Act Proposing An Amendment To The Constitution Of The State Of Delaware By Adding A New Article Entitled "Continuity Of State And Local Governmental Operations In Periods Of Emergency Resulting From Disasters Caused By Enemy Attack".
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. The Constitution of the State of Delaware is amended by adding a new Article thereto to read as follows:
ARTICLE XVII
CONTINUITY OF STATE AND LOCAL GOVERNMENTAL
OPERATIONS IN PERIODS OF EMERGENCY RESULTING FROM
DISASTERS CAUSED BY ENEMY ATTACK.
The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices whose succession is not otherwise provided for in this Constitution, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations. In the exercise of the powers hereby conferred the General Assembly shall in all respects conform to the requirements of this Constitution except to the extent that in the judgment of the General Assembly so to do would be impracticable or would admit of undue delay. AND
WHEREAS, the said proposed amendment was agreed to by two-thirds of all the Members elected to each House in the said 120th General Assembly, NOW, THEREFORE,
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members elected to each House concurring therein):
Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution.
Effective April 26, 1961.