HB 430

Abstract

This Act is the first leg of an amendment to the Delaware Constitution to make technical corrections to the Delaware Constitution. First, this Act makes the language of the Delaware Constitution gender silent. Senate Bill No. 97 (152nd General Assembly), enacted as Chapter 42 of Volume 84 of the Laws of Delaware, directed the Code Revisors to use gender silent techniques to ensure masculine or feminine pronouns are not used in Delaware Code unless the usage requires otherwise. Thus, instead of drafting a law to say, “The Governor may appoint an individual if he or she deems him or her qualified”, following gender silent techniques the law would say, “The Governor may appoint an individual if the Governor deems the individual qualified.” This technique has the added benefit of providing clarity as many times use of multiple masculine or feminine pronouns can result in confusion as to which noun the pronouns refer. This Act would apply this same drafting technique to the Delaware Constitution. This action is consistent with the General Assembly’s amendment of the Constitution in 1999 following the adoption of a law directing the Code Revisors to gender neutralize or otherwise ensure that a solely masculine or feminine designation never occurs unless it could only apply to one gender. Second, this Act makes additional technical corrections identified by the General Assembly's Division of Research. Specifically, these technical corrections include the following: (1) Officially authorizing the headings for each Section of the Delaware Constitution as the headings are contained in the “Constitution of the State of Delaware, Adopted 1897, As Amended”, as published by the Delaware Code Revisors in the Delaware Code. The headings for each Section of the Delaware Constitution are not original to the Constituiton adopted in 1897. These headings were added during the 1953 revision to the Delaware Code. Since the 1953 revision to the Delaware Code, publication of the Constitution has included headings for each Section of the Delaware Constitution in the version of the Delaware Constitution published in the Delaware Code. Almost immediately after the 1953 revision to the Delaware Code, the General Assembly began enacting new constitutional amendments with headings and amending existing Sections of the Delaware Constitution using the headings provided or making amendments to the headings provided. However, these headings were not officially authorized by the General Assembly. Consistent with § 306 of Title 1 of the Delaware Code, the intent of authorizing all headings in the Delaware Constitution is for the purpose of convenient reference, not as an interpretive tool for the courts. (2) Based on the adoption of headings for each Section of the Delaware Constitution, removing existing Section numbers and relying instead on the adopted headings. (3) Consistently using the series (Oxford) comma. (4) Implementing a consistent hierarchy scheme and naming, consistent with the Delaware Code. (5) Implementing a consistent scheme for naming, capitalization, and citing of references to provisions of the Delaware Constitution. (6) Implementing a consistent scheme for numbers used for time, dates, and money by using the numerical form of the number only. (7) Capitalizing consistent with standard capitalization rules. (8) Replacing references to “this amended Article IV of this Constitution” with “this Article”. (9) Replacing references to “this amended Article IV of this Constitution becomes effective” with “May 14, 1951”, which is the date the referenced amendments took effect. (10) Removing usages of “but not limited to”. (11) Removing from § 8 of Article IV a definition providing that “Supreme Court”, as used in § 4 of Article V, means the Superior Court and replacing “Supreme Court” in § 4 of Article V with “Superior Court” for clarity. (12) Removing § 11(c) of Article VIII from the Constitution. This provision was not intended to be included in the Constitution as it was drafted as a separate bill section of the bill that proposed and concurred in the constitutional amendment creating § 11(a) and (b). It was intended to apply only to taxes or licenses fees authorized by the General Assembly but not yet effective and so not intended to be included in the Constitution. (13) Inserting the effective date of the constitutional amendment that enacted § 12 of Article VIII for clarity. (14) Correcting misspellings and misused words. (15) Making corrections to Section headings. (16) Making technical changes to § 4A of Article V, including to remove an “either” that is inappropriately used in a list of more than 2 items. (17) Removing the hyphen in “Lieutenant Governor” and “Attorney General”. (18) Changing references to “the State” to “this State”. (19) Removing usages of “said”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.