HB 320

This Act is the first leg of an amendment to the Delaware Constitution to do the following: (1) Make certain limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly. (2) Make necessary technical corrections identified by the Code Revisors and the Division of Legislative Services during the incorporation of amendments to the Delaware Constitution enacted during the first session of the 153rd General Assembly. Specifically, Section 1 of this Act authorizes a single General Assembly to make the following limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly if the amendment is agreed to by three-fourths of all the members elected to each House: (1) Change reference numbers to agree with renumbered Articles, Sections, subsections, or paragraphs. (2) Substitute the proper Article, Section, subsection, or paragraph designation for “this Act,” “the preceding section”, or similar references. (3) Ensure numbers are written in their numerical form rather than word form. (4) Change capitalization for the purpose of uniformity. (5) Correct manifest typographical and grammatical errors. (6) Use gender silent techniques to ensure that a masculine or feminine pronoun is not used except when it only applies to 1 gender. (7) Make corrections needed following the enactment of 2 or more amendments to the same provision of this Constitution that result in grammatically incorrect language or do not fulfill the intent of one or more of the amendments. (8) Make any other purely formal or clerical change. These types of changes are intended to be consistent with the Code Revisors’ editorial duties and powers related to the Delaware Code. Additionally, Sections 2 through 12 of this Act makes the following specific technical corrections: (1) In Sections 2 and 3 of this Act, makes changes to §§ 17A and 17 B of Article II by removing an unnecessary “by” before “fraternal societies” in both Sections (lines 6 and 17), adding “Internal” to clarify in both Sections that the cited provision is in the Internal Revenue Code (lines 10 and 22, and making changes in Section 2 to ensure consistency with similar language in Section 3 (lines 10 and 11). (2) In Section 4 of this Act, amends § 10 of Article III to correct errors caused by the enactment of House Bill No. 10 (153rd General Assembly) and Senate Bill No. 15 (153rd General Assembly) (lines 29 to 30). (3) In Section 5 of this Act, amends § 19 of Article III to add a comma (line 35). (4) In Section 6 of this Act, amends § 35 of Article IV remove unnecessary commas and add an Oxford comma (lines 42, 46, and 51). (5) In Section 7 of this Act, amends § 37 of Article IV to remove a duplicate “the” (line 59). (6) In Section 8 of this Act, amends § 1 of Article V to remove a duplicate comma (line 67). (7) In Section 9 of this Act, amends § 4 of Article V to remove a duplicate “the” (line 76). (8) In Section 10 of this Act, amends § 8 of Article V to remove an unnecessary “and” (line 125) and to add subsection designations to § 8 to increase readability and enable pinpoint amendments in the future. (9) In Section 11 of this Act, amends § 10 of Article VIII to remove a duplicate “an act” (line 144). (10) In Section 12 of this Act, amends § 2 of Article IX to add a “the” (line 148). 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.