Delaware 152nd General Assembly (2023-2024) Status: In Committee Bipartisan · 5 R · 2 D cosponsors

HB 245 — AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT.

Last action — Not Enough Signatures to Release

  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 152nd General Assembly (2023-2024). 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

The Constitution of the State of Delaware creates 3 branches of State Government, the Legislative, Executive, and Judiciary, each having certain delineated responsibilities or powers within a framework that limits and separates the powers of each branch from the other. The doctrine of separation of powers is a fundamental part of constitutional government. The Justices of the Delaware Supreme Court have, in quoting William Blackstone, recognized that "whenever the [legislative and executive] powers are united together, there can be no public liberty". In re Request of Governor for Advisory Opinion, 722 A. 2d 307 (1998). This Act's purpose is to require the legislative branch to reasonably restrict or confirm the executive branch in its exercise of emergency powers, thereby maintaining a balance or separation of powers between the executive and legislative branches of state government. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 180 days, good governance requires participation by the General Assembly in person or virtually to approve extensions of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly in person or virtually to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed. The time limits proposed by this Act are similar to those limits applicable to emergency regulations under the Administrative Procedures Act, 29 Del. C. § 10119. This Act shall become effective immediately upon the ending of the Governor's term of office next occurring after the enactment of this Act.

Bill Text

Action History

  1. Not Enough Signatures to Release

  2. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

9 sponsors · 0 co-sponsors · 53 not signed on

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (53)

53 members have not signed on to this bill.

Show all 53 →

"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

Subjects

public-safety
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 245 do?
The Constitution of the State of Delaware creates 3 branches of State Government, the Legislative, Executive, and Judiciary, each having certain delineated responsibilities or powers within a framework that limits and separates the powers of each branch from the other. The doctrine of separation of powers is a fundamental part of constitutional government. The Justices of the Delaware Supreme Court have, in quoting William Blackstone, recognized that "whenever the [legislative and executive] powers are united together, there can be no public liberty". In re Request of Governor for Advisory Opinion, 722 A. 2d 307 (1998). This Act's purpose is to require the legislative branch to reasonably restrict or confirm the executive branch in its exercise of emergency powers, thereby maintaining a balance or separation of powers between the executive and legislative branches of state government. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 180 days, good governance requires participation by the General Assembly in person or virtually to approve extensions of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly in person or virtually to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed. The time limits proposed by this Act are similar to those limits applicable to emergency regulations under the Administrative Procedures Act, 29 Del. C. § 10119. This Act shall become effective immediately upon the ending of the Governor's term of office next occurring after the enactment of this Act.
Who sponsors HB 245?
HB 245 is sponsored by Ruth Briggs King, Valerie Longhurst, Franklin D. Cooke (Democratic), Bryan W. Shupe (Republican), Charles S Postles Jr. (Republican), Laura V. Sturgeon (Democratic), David L. Wilson (Republican), Bryant L. Richardson (Republican), and Richard G. Collins (Republican).
What is the current status of HB 245?
This bill died with 152nd General Assembly (2023-2024). 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 245?
Track HB 245 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 245

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 245

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →