Delaware 149th General Assembly (2017-2018) Status: In Committee Bipartisan · 11 D · 1 R cosponsors

HB 5 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.

Last action — Defeated By House. Votes: 24 YES 9 NO 7 NOT VOTING 1 ABSENT

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act is the first leg of an amendment to the Delaware Constitution to provide for equal rights. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment arising from historical bias to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values.

Bill Text

Action History

  1. Defeated By House. Votes: 24 YES 9 NO 7 NOT VOTING 1 ABSENT

  2. Amendment HA 1 to HB 5 - Defeated In House by Voice Vote

  3. Reported Out of Committee (House Administration) in House with 5 Favorable

  4. Introduced and Assigned to House Administration Committee in House

Sponsors

Sponsorship breakdown

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18 sponsors · 14 co-sponsors · 30 not signed on · 9 voted No

Sponsors (18)

Co-sponsors (14)

Not signed on (30)

30 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

2/3

Failed 24 Yea · 9 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 18304
Democratic 6001
Republican 0603
Total 24908
% of votes cast 59%22%0%20%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Not Voting
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Nay
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Not Voting
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Not Voting
Sean Matthews — Yea
Stephen Smyk — Nay
Valerie Longhurst — Yea
William R. Outten — Nay
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Not Voting
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
David L. Wilson Republican Nay
Jeffrey N. Spiegelman Republican Not Voting
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Not Voting
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5 do?
This Act is the first leg of an amendment to the Delaware Constitution to provide for equal rights. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment arising from historical bias to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values.
Who sponsors HB 5?
HB 5 is sponsored by Stephanie L. Hansen (Democratic), Nicole Poore (Democratic), Bryan Townsend (Democratic), Stephanie T. Bolden (Democratic), Debra Heffernan (Democratic), Kimberly Williams (Democratic), David P. Sokola (Democratic), Ronald E. Gray (Republican), Sean M. Lynn (Democratic), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Kendra Johnson (Democratic), Michael Mulrooney, John L. Mitchell, John A. Kowalko, Earl G. Jaques Jr., David Bentz, Paul S. Baumbach, Harris B. McDowell, Robert Marshall, Gregory F. Lavelle, Melanie George Smith, Charles Potter Jr., Joseph E. Miro, Helene M. Keeley, Deborah Hudson, Ruth Briggs King, Andria L. Bennett, Ernesto B Lopez, Margaret Rose Henry, Catherine Cloutier, and Valerie Longhurst.
What is the current status of HB 5?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5?
Track HB 5 free on One Click Politics — get push/email alerts when it moves.

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