CHAPTER 214

FORMERLY

SENATE BILL NO. 100

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND SUBCHAPTER III, CHAPTER 1, TITLE 10, DELAWARE CODE, RELATING TO ADVISORY OPINIONS OF THE JUSTICES OF THE SUPREME COURT UPON REQUEST OF THE GOVERNOR OR GENERAL ASSEMBLY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §141, Subchapter III, Chapter 1, Title 10, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 141 to read as follows:

"§141. Advisory Opinions of the Justices upon Request of the Governor and the General Assembly

(a) The Jtstices of the Supreme Court, whenever the Governor of this State or a majority of the members elected to each House may by Resolution require It for public information, or to enable them to discharge their duties, may give them their opinions in writing touching the proper construction of any provision in the Constitution of this State, or of the United States, or the constitutionality of any law or legislation passed by the General Assembly, or the constitutionality of any proposed constitutional amendment which shall have been first agreed to by two-thirds of all members elected to each House.

(b) The Justices of the Supreme Court may appoint one or more members of the Delaware Bar, duly qualified to practice before said Court, for the purpose of briefing or arguing the legal issues submitted by the Governor or General Assembly.

(c) If the Governor should request an advisory opinion from the Court, he shall, within 5 days, notify the leadership of both Houses by sending them a copy of such request. If the General Assembly should request an advisory opinion from the Court, the Speaker of the House and the President Pro Tempore of the Senate shall within 5 days notify the Governor by sending him a copy of such request.

(d) Upon receipt of such advisory opinion from the Supreme Court the Governor or the General Assembly shall, within 5 days, notify the opposite party by sending a copy of such advisory opinion."

Effective July 18, 1983.