The 153rd General Assembly has been in recess for the last two weeks but returns to the State Capitol on Tuesday to begin the last three weeks of its scheduled legislative session.
With time running short, lawmakers have filed a flurry of bills, introducing nearly three dozen measures in the House since the last day they were in Dover.
Here are a few highlights from the new bills. For a complete list of all legislation, use this link: https://legis.delaware.gov/AllLegislation.
Expanding the Use of Automated Systems to Enforce Traffic Laws:
House Bill 442 seeks to expand the use of automated camera systems to enforce all traffic laws in Delaware.
Thus far in the U.S., the technology has mainly been deployed to detect and deter speeders and motorists running red lights.
Delaware is currently one of at least 19 states that permit the use of camera systems to enforce speed limits and one of 22 states that use them to issue citations for traffic light violations.
Some jurisdictions use similar technology for other traffic violations, such as illegal rail crossings, toll violations, and passing a school bus while it is actively dropping off or picking up children.
However, the new Delaware bill, sponsored by State Rep. Ed Osienski (D-Newark), appears to break new ground by allowing automated systems to enforce all traffic laws.
The measure is pending action in the House Public Safety & Homeland Security Committee.
The Ongoing Focus on Energy Drinks:
Sponsored by State Rep. DeShanna Neal (D-Wilmington), House Bill 459 seeks to prohibit the sale of energy drinks on public middle and high school campuses during school hours or school events.
This bill is the third piece of legislation Rep. Neal has recently introduced on this topic. House Substitute 1 for House Bill 396 would require retail food establishments with at least 20 locations in Delaware to provide warning symbols on their menus next to hand-crafted or energy drinks that have “high-caffeine” content, which is defined in the proposal as exceeding 100 mg per serving. For context, a 12-ounce cup of brewed coffee may contain 113 to 247 milligrams (mg) of caffeine.
House Bill 394 had sought to prohibit retailers from selling energy drinks or caffeinated dietary supplements to anyone under 18. After pushback on that proposal, House Substitute 1 for House Bill 394 was introduced, significantly changing the measure’s scope and impact. It now would require the Division of Public Health to create signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, pregnant women, or women who are nursing. Retailers selling energy drinks and caffeinated dietary supplements would be required to prominently display the sign next to the products.
Both substitute bills have been released from committee and are eligible to be considered by the House. House Bill 459 is pending action in the House Education Committee.
Changing How Delaware Amends the State Constitution:
House Bill 440 is the first leg of a proposed constitutional amendment that seeks to fundamentally alter how Delaware changes the state constitution.
At present, constitutional amendments are introduced in the state legislature. The House and Senate must approve the proposal by a minimum two-thirds vote in each chamber. The same proposal must then be introduced in the next General Assembly, with the measure again needing at least a two-thirds vote.
Under HB 440, sponsored by House Majority Leader Kerri Evelyn Harris (D-Dover), constitutional amendments would continue to start in the General Assembly and still be required to pass each chamber by a minimum two-thirds vote. However, the second leg of the process would be placed in the hands of voters.
Any proposed amendment approved by the legislature on its first leg would be placed on the ballot as a referendum in the next general election. If at least 55% of voters approve, the amendment would be enacted.
HB 440 currently has only two sponsors and is pending action in the House Administration Committee, which is chaired by Rep. Harris.
