CHAPTER 295

AN ACT AGREEING TO A PROPOSED AMENDMENT TO SECTION 20, ARTICLE 3, OF THE DELAWARE CONSTITUTION RELATING TO GUBERNATORIAL DISABILITY.

WHEREAS, an amendment to the Constitution of the State of Delaware was proposed to the 124th General Assembly as follows:

An Act Proposing An Amendment To Section 20, Article 3, Of The Delaware Constitution Relating To Gubernatorial Disability:

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each branch concurring therein):

Section 1. Section 20, Article 3, of the Constitution of the State of Delaware, is hereby amended by adding the following language which shall constitute a new subsection "(b)":

Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor.

Whenever the Chief Justice of the Delaware Supreme Court, the President of the Medical Society of Delaware and the Commissioner of the Department of Mental Health, acting unanimously, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives, their written declaration that the Governor is unable to discharge the powers and duties of his office because of mental or physical disability, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor.

Thereafter, when the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no disability exists, he shall resume the powers and duties of his office unless the Chief Justice of the Supreme Court of Delaware, the President of the Medical Society of Delaware and the Commissioner of the Department of Mental Health, acting unanimously, transmit within five days to the President pro, tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office because of mental or physical disability. Thereupon the General Assembly shall decide the issue, assembling within seventy-two hours for that purpose if not then in session. If the General Assembly within ten days after receipt of the latter written declaration determines by two-thirds vote of all the members elected to each house that the Governor is unable to discharge the powers and duties of his office because of mental or physical disability, the Lieutenant Governor shall continue to discharge same as Acting Governor; otherwise, the Governor shall resume the powers and duties of his office.

Section 2. Section 20, Article 3, of the Constitution of the State of Delaware, is further amended by designating the present language of said section as subsection "(a)" of said Section 20.

Section 3. Section 20, Article 3, of the Constitution of the State of Delaware, is further amended by placing a semi-colon at the end of the heading of said section and adding the following phrase:

"Disability of Governor"

WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each branch in the said 124th General Assembly,

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. The said proposed amendment is agreed to and adopted and shall forthwith become a part of the Constitution.

Effective June 10,1969.