Delaware Senate Bill SB39

Delaware 2023-2024 Regular Session

• Introduced: 1/26/23
• Engrossed: 3/15/23
• Refer: 1/26/23
• Refer: 3/16/23
• Enrolled: 4/25/23

Caption

An Act Concurring In A Proposed Amendment To Article Ii Of The Delaware Constitution Relating To Limitations On The Time And Frequency Of Legislative Sessions.

Impact

If passed, this amendment will become part of the Delaware Constitution, specifically affecting how and when the General Assembly can extend its sessions. It does not change the overall date of the regular session's commencement (which begins on the second Tuesday of January each year) but offers a clearer directive on when the session must conclude, potentially leading to a more efficient legislative process. This shift could also reflect the intent to limit prolonged sessions and ensure more timely legislative actions.

Summary

Senate Bill 39 is a proposed amendment to the Delaware Constitution that aims to modify the limitations on the time and frequency of legislative sessions. Specifically, the bill seeks to prohibit the regular session of the General Assembly from extending beyond 5:00 p.m. on the last day of June, unless the session is recalled either by the Governor or through a mutual call of the presiding officers of both chambers. This change shifts the existing deadline from midnight on June 30 to an earlier cutoff time, simplifying the process for holding special sessions when needed.

Sentiment

The sentiment around SB39 has shown broad support, as indicated by the voting history where it passed with a vote of 38 in favor and none against. Proponents of the amendment argue that it will enhance the legislative process by allowing for more predictable and manageable session times, potentially increasing accountability and efficiency. However, there are concerns among some legislators regarding the need for flexibility in case urgent matters arise that necessitate extended session times beyond the proposed limits.

Contention

While the bill has garnered general approval, some contention may arise regarding its implications for legislative flexibility. Critics express concern that limiting session times could hinder the ability of the General Assembly to address urgent issues adequately, particularly toward the end of the session when many significant decisions are often made. Nevertheless, proponents assure that the amendment includes provisions for exceptional circumstances by allowing the Governor and presiding officers to call for a special session if necessary.