Bill Text: DE SCR32 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: Requesting An Advisory Opinion Of The Justices.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2015-06-24 - Assigned to Executive Committee in Senate [SCR32 Detail]

Download: Delaware-2015-SCR32-Draft.html

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SPONSOR:	Sen. Bonini
	Sens. Hocker, Lawson, Pettyjohn, Richardson; Reps. Collins, Hudson

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 32

REQUESTING AN ADVISORY OPINION OF THE JUSTICES.

WHEREAS, §4, Article VIII of the Delaware Constitution requires a three fourths concurrence of the House and Senate to appropriate public money to any corporation; and

WHEREAS, the University of Delaware is a corporation [§5101(a), Title 14, Delaware Code]; and

WHEREAS, Delaware State University is a corporation [§6501(a), Title 14, Delaware Code]; and

WHEREAS, both the University of Delaware and Delaware State University receive appropriations of public money in the Budget Bill [90-01-00 and 90-03-00 of FY 2015 Budget (SB 255 of the 147^th General Assembly)]; and

WHEREAS, the Budget Bill is consistently presented as legislation requiring only a majority vote for passage; and

WHEREAS, §141 of Title 10 of the Delaware Code allows the General Assembly to request an Opinion of the Justices.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 148^th General Assembly of the State of Delaware, the House concurring therein, that the General Assembly hereby requests an Opinion of the Justices as to whether §4, Article VIII of the Delaware Constitution requires the passage of the annual Budget Bill by a three-fourths vote due to the inclusion of appropriations to the University of Delaware and to Delaware State University.

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Delaware Supreme Court.

SYNOPSIS

This Concurrent Resolution requests an Opinion of the Justices as to whether §4, Article VIII of the Delaware Constitution requires the passage of the annual Budget Bill by a three-fourths vote due to the inclusion of appropriations to the University of Delaware and to Delaware State University.

AUTHOR:Sen. Bonini