DE HB351 | 2015-2016 | 148th General Assembly

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on July 20 2016 - 100% progression
Action: 2016-07-20 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

Summary

The Appeals Commission recently ruled that the Commissioner does not have standing to appear before the Appeals Commission. This means that an appeal of the Commissioner’s decision on an unprotested application would result in the appealing party appearing uncontested before the Appeals Commission. The Supreme Court recently ruled that the Commissioner does not have standing to appeal decisions rendered by the Appeals Commission or the Superior Court. The predecessor to the Commissioner (the Alcoholic Beverage Control Commission) was permitted to defend its decisions before the Superior Court and appeal adverse decisions of the Superior Court to the Supreme Court. This Bill would restore that power to the Commissioner before both Courts and the Appeals Commission. In addition, this Bill would allow the Commissioner to exercise the regulatory function of the Commissioner’s office and appeal decisions that affect the regulation of alcohol within the State.

Tracking Information

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Title

An Act To Amend Title 4 Of The Delaware Code Relating To Alcoholic Liquors.

Sponsors


Roll Calls

2016-07-01 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2016-07-20HouseSigned by Governor
2016-07-01SenatePassed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-05-18SenateReported Out of Committee (BANKING AND BUSINESS) in Senate with 4 On Its Merits
2016-05-05SenateAssigned to Banking and Business Committee in Senate
2016-05-05HousePassed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
2016-05-04HouseReported Out of Committee (JUDICIARY) in House with 9 On Its Merits
2016-04-28HouseIntroduced and Assigned to Judiciary Committee in House

Delaware State Sources


Bill Comments

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