Bill Text: DE SB36 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 1 Of The Delaware Code Relating To Drafting Legislation.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2015-07-10 - Signed by Governor [SB36 Detail]
Download: Delaware-2015-SB36-Draft.html
|
SPONSOR: |
Sen. Peterson & Rep. Keeley |
|
Sens. Ennis, Lopez, Pettyjohn, Sokola & Townsend, Reps. Baumbach, J. Johnson, Q. Johnson, Kowalko, Osienski & Ramone |
|
DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
|
SENATE BILL NO. 36 |
|
AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO DRAFTING LEGISLATION. |
Section 1. Amend §109, Title 1 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§109. Amendments to Code.
(d)(1) When it is the purpose
of an amendment a bill to change the
language of a section code provision, as distinct
from effecting affecting an outright repeal
of the section code provision, the amendment change shall
not be made by repealing the section code provision and
enacting a new section in lieu thereof. Any bill or amendment which
amends an existing statute or bill code provision shall
set out in full that part of the statute of a bill code
provision to be amended and shall indicate the words to be deleted by
strike through and shall indicate new words by underlining underline.
If the changes are such as do not lend themselves easily to this type of
amendment, the amending act may state that the section (specifying it by
section and title number) is amended to read as thereinafter set forth. A
section should be repealed, as distinct from amended, when an outright repeal
thereof is intended or when the subject matter of the proposed new law is more
than a mere amendment or revision of the old section.
(2) In the case of amendments to bills, the amendment shall indicate the line(s) affected by the amendment and then set forth the text to be deleted in quotation marks or where text is to be inserted by identifying the text in quotation marks on either side of the insertion, if necessary. The amendment to the bill shall instruct whether or not text is to be deleted or inserted. Text to be deleted or inserted shall be set forth in quotation marks and shall be marked as if in the bill with the appropriate strike through, underline or neither.
(h) No law shall be invalid because it was not enacted in conformity with this section.
Section 2. This Act takes effect 60 days following its enactment into law.
SYNOPSIS
|
After the General Assembly adopted a drafting procedure using strikethrough and underline, some inconsistencies and confusion about how amendments to bill should be drafted resulted. In the effort to update the Legislative Drafting Manual, the Division of Research of Legislative Counsel and Senate and House Attorneys recommended simplifying and clarifying amendment process reflected in this bill. |
Author: Senator Peterson
