SB 39 — AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON THE TIME AND FREQUENCY OF LEGISLATIVE SESSIONS.
Last action — Passed By House. Votes: 38 YES 3 ABSENT
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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. The first leg of this constitutional amendment was House Bill 411 of the 151st General Assembly published in Chapter 324 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. 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 House. Votes: 38 YES 3 ABSENT
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Reported Out of Committee (Administration) in House with 1 Favorable, 4 On Its Merits
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Assigned to Administration Committee in House
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Executive) in Senate with 4 Favorable, 3 On Its Merits
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Introduced and Assigned to Executive Committee in Senate
Sponsors
- Stell Parker Selby · Primary
- Valerie Longhurst · Primary
- Michael Ramone · Primary
- Bryant L. Richardson · Primary
- Lyndon D. Yearick · Primary
- Trey Paradee · Primary
- Brian Pettyjohn · Primary
- S. Elizabeth Lockman · Primary
- Bryan Townsend · Primary
- David P. Sokola · Primary
- Peter C. Schwartzkopf · Primary
Sponsorship breakdown
Export CSV (upgrade) →11 sponsors · 0 co-sponsors · 51 not signed on
Sponsors (11)
- Stell Parker Selby
- Valerie Longhurst
- Michael Ramone
- Bryant L. Richardson Republican
- Lyndon D. Yearick Republican
- Trey Paradee Democratic
- Brian Pettyjohn Republican
- S. Elizabeth Lockman Democratic
- Bryan Townsend Democratic
- David P. Sokola Democratic
- Peter C. Schwartzkopf
Co-sponsors (0)
None.
Not signed on (51)
51 members have not signed on to this bill.
Show all 51 →"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 | 8 | 0 | 0 | 0 |
| Democratic | 18 | 0 | 0 | 2 |
| Republican | 12 | 0 | 0 | 1 |
| Total | 38 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % 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 |
Subjects
Frequently asked questions
- What does SB 39 do?
- This Act is the second 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. The first leg of this constitutional amendment was House Bill 411 of the 151st General Assembly published in Chapter 324 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. 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 SB 39?
- SB 39 is sponsored by Stell Parker Selby, Valerie Longhurst, Michael Ramone, Bryant L. Richardson (Republican), Lyndon D. Yearick (Republican), Trey Paradee (Democratic), Brian Pettyjohn (Republican), S. Elizabeth Lockman (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), and Peter C. Schwartzkopf.
- What is the current status of SB 39?
- 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 39?
- Track SB 39 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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