Delaware 152nd General Assembly (2023-2024) Status: Passed Senate Bipartisan · 4 D · 2 R cosponsors

SB 38 — AN ACT CONCURRING IN AN PROPOSED AMENDMENT TO § 1, ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO THE PROCEDURE FOR NOTICE TO THE PUBLIC OF A PROPOSED AMENDMENT TO THE DELAWARE CONSTITUTION.

Last action — Passed By House. Votes: 37 YES 4 ABSENT

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

This bill died with 152nd General Assembly (2023-2024). It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act is the second leg of an constitutional amendment to the Delaware Constitution to enable the General Assembly to designate who is responsible for providing notice of a proposed amendment to the Constitution and how the notice is disseminated. This change gives the General Assembly flexibility in the dissemination of the notice, particularly as technology advances. This Act also changes the timeframe of dissemination from 3 months to between 120 and 90 days. The first leg of the constitutional amendment was House Bill No. 130 of the 151st General Assembly, which became Chapter 147 of Volume 83 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution House Bill No. 131 of the 151st General Assembly, codified in § 914 of Title 29 of the Delaware Code, implements the procedure for notice of a proposed amendment to the Delaware Constitution based on the authority granted by this Act and takes effect on the enactment of this Act. 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

Action History

  1. Passed By House. Votes: 37 YES 4 ABSENT

  2. Reported Out of Committee (Administration) in House with 5 On Its Merits

  3. Assigned to Administration Committee in House

  4. Passed By Senate. Votes: 21 YES

  5. Reported Out of Committee (Executive) in Senate with 6 Favorable, 1 On Its Merits

  6. Introduced and Assigned to Executive Committee in Senate

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 52 not signed on

Co-sponsors (0)

None.

Not signed on (52)

52 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

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 18002
Republican 11002
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Not Voting
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

2/3

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
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
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable 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
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 38 do?
This Act is the second leg of an constitutional amendment to the Delaware Constitution to enable the General Assembly to designate who is responsible for providing notice of a proposed amendment to the Constitution and how the notice is disseminated. This change gives the General Assembly flexibility in the dissemination of the notice, particularly as technology advances. This Act also changes the timeframe of dissemination from 3 months to between 120 and 90 days. The first leg of the constitutional amendment was House Bill No. 130 of the 151st General Assembly, which became Chapter 147 of Volume 83 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution House Bill No. 131 of the 151st General Assembly, codified in § 914 of Title 29 of the Delaware Code, implements the procedure for notice of a proposed amendment to the Delaware Constitution based on the authority granted by this Act and takes effect on the enactment of this Act. 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 SB 38?
SB 38 is sponsored by Stell Parker Selby, Peter C. Schwartzkopf, Valerie Longhurst, Michael Ramone, Lyndon D. Yearick (Republican), Trey Paradee (Democratic), Brian Pettyjohn (Republican), S. Elizabeth Lockman (Democratic), Bryan Townsend (Democratic), and David P. Sokola (Democratic).
What is the current status of SB 38?
This bill died with 152nd General Assembly (2023-2024). It reached “Passed Senate” 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 SB 38?
Track SB 38 free on One Click Politics — get push/email alerts when it moves.

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