HB 411 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON THE TIME AND FREQUENCY OF LEGISLATIVE SESSIONS.
Last action — Passed By Senate. Votes: 21 YES
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 151st General Assembly (2021-2022). It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 a constitutional amendment that would 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 by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 5:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This means the General Assembly no longer has to remain in session until midnight to recall itself into special session. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that each House will continue its traditional practice of recessing to the call of the chair. 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.
Bill Text
- Bill Text View text Current pdf
Action History
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Executive) in Senate with 3 Favorable, 3 On Its Merits
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Assigned to Executive Committee in Senate
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Passed By House. Votes: 38 YES 3 ABSENT
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Reported Out of Committee (Administration) in House with 5 On Its Merits
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Introduced and Assigned to Administration Committee in House
Sponsors
- Peter C. Schwartzkopf · Primary
- David P. Sokola · Primary
- Bryan Townsend · Primary
- S. Elizabeth Lockman · Primary
- Gerald W. Hocker · Primary
- Brian Pettyjohn · Primary
- Daniel B. Short · Primary
- Timothy D. Dukes · Primary
- Darius J. Brown · Cosponsor
- Stephanie L. Hansen · Cosponsor
- Dave G. Lawson · Cosponsor
- Spiros Mantzavinos · Cosponsor
- Trey Paradee · Cosponsor
- Marie Pinkney · Cosponsor
- Nicole Poore · Cosponsor
- Bryant L. Richardson · Cosponsor
- John "Jack" Walsh · Cosponsor
- David L. Wilson · Cosponsor
- William J. Carson · Cosponsor
- Richard G. Collins · Cosponsor
- Krista Griffith · Cosponsor
- Kevin S Hensley · Cosponsor
- Michael F. Smith · Cosponsor
- Kimberly Williams · Cosponsor
- Lyndon D. Yearick · Cosponsor
- Kyle Evans Gay · Cosponsor
- Michael Ramone · Cosponsor
- Ruth Briggs King · Cosponsor
- David Bentz · Cosponsor
- Paul S. Baumbach · Cosponsor
- Sarah McBride · Cosponsor
- Ernesto B Lopez · Cosponsor
- Bruce C. Ennis · Cosponsor
- Colin Bonini · Cosponsor
- John L. Mitchell · Primary
- Valerie Longhurst · Primary
Sponsorship breakdown
Export CSV (upgrade) →10 sponsors · 26 co-sponsors · 26 not signed on
Sponsors (10)
- Peter C. Schwartzkopf
- David P. Sokola Democratic
- Bryan Townsend Democratic
- S. Elizabeth Lockman Democratic
- Gerald W. Hocker Republican
- Brian Pettyjohn Republican
- Daniel B. Short Republican
- Timothy D. Dukes Republican
- John L. Mitchell
- Valerie Longhurst
Co-sponsors (26)
- Darius J. Brown Democratic
- Stephanie L. Hansen Democratic
- Dave G. Lawson Republican
- Spiros Mantzavinos Democratic
- Trey Paradee Democratic
- Marie Pinkney Democratic
- Nicole Poore Democratic
- Bryant L. Richardson Republican
- John "Jack" Walsh Democratic
- David L. Wilson Republican
- William J. Carson Democratic
- Richard G. Collins Republican
- Krista Griffith Democratic
- Kevin S Hensley Republican
- Michael F. Smith Republican
- Kimberly Williams Democratic
- Lyndon D. Yearick Republican
- Kyle Evans Gay
- Michael Ramone
- Ruth Briggs King
- David Bentz
- Paul S. Baumbach
- Sarah McBride
- Ernesto B Lopez
- Bruce C. Ennis
- Colin Bonini
Not signed on (26)
26 members have not signed on to this bill.
Show all 26 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Yea |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 2 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 11 | 0 | 0 | 1 |
| Total | 38 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 411 do?
- This Act is the first leg of a constitutional amendment that would 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 by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 5:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This means the General Assembly no longer has to remain in session until midnight to recall itself into special session. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that each House will continue its traditional practice of recessing to the call of the chair. 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.
- Who sponsors HB 411?
- HB 411 is sponsored by Peter C. Schwartzkopf, David P. Sokola (Democratic), Bryan Townsend (Democratic), S. Elizabeth Lockman (Democratic), Gerald W. Hocker (Republican), Brian Pettyjohn (Republican), Daniel B. Short (Republican), Timothy D. Dukes (Republican), Darius J. Brown (Democratic), Stephanie L. Hansen (Democratic), Dave G. Lawson (Republican), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Marie Pinkney (Democratic), Nicole Poore (Democratic), Bryant L. Richardson (Republican), John "Jack" Walsh (Democratic), David L. Wilson (Republican), William J. Carson (Democratic), Richard G. Collins (Republican), Krista Griffith (Democratic), Kevin S Hensley (Republican), Michael F. Smith (Republican), Kimberly Williams (Democratic), Lyndon D. Yearick (Republican), Kyle Evans Gay, Michael Ramone, Ruth Briggs King, David Bentz, Paul S. Baumbach, Sarah McBride, Ernesto B Lopez, Bruce C. Ennis, Colin Bonini, John L. Mitchell, and Valerie Longhurst.
- What is the current status of HB 411?
- This bill died with 151st General Assembly (2021-2022). It reached “Passed House” 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 411?
- Track HB 411 free on One Click Politics — get push/email alerts when it moves.
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