Bill Text: DE SB10 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act Proposing An Amendment To Article Iv, Section 11 Of The Delaware Constitution Of 1897, As Amended Relating To Certification Of Questions Of Law To The Supreme Court.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Enrolled - Dead) 2013-06-26 - Enact w/o Sign by Governor [SB10 Detail]

Download: Delaware-2013-SB10-Draft.html

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SPONSOR:	Sen. Henry & Reps. Walker, M. Smith
	Sens. Blevins, Lavelle, McDowell, Simpson, Townsend, Reps. Brady, J. Johnson, Mitchell, Paradee, Scott, Wilson

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 10

AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV, SECTION 11 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED RELATING TO CERTIFICATION OF QUESTIONS OF LAW TO THE SUPREME COURT.

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 IV, Section 11 paragraph (8) of the Delaware Constitution of 1897, as amended by making insertions as shown by underlining as follows:

(8)To hear and determine questions of law certified to it by other Delaware courts, the Supreme Court of the United States, a Court of Appeals of the United States, a United States District Court, a United States Bankruptcy Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state, where it appears to the Supreme Court that there are important and urgent reasons for an immediate determination of such questions by it.The Supreme Court may, by rules, define generally the conditions under which questions may be certified to it and prescribe methods of certification.

SYNOPSIS

This amendment adds the United States Bankruptcy Courts to the list of entities that may certify questions of law to the Delaware Supreme Court.This is the second leg of this Constitutional Amendment.

Author: Senator Henry