DE SB272 | 2015-2016 | 148th General Assembly
Status
Spectrum: Bipartisan Bill
Status: Enrolled on June 21 2016 - 75% progression, died in chamber
Action: 2016-06-30 - Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 8 On Its Merits
Text: Latest bill text (Draft #1) [HTML]
Status: Enrolled on June 21 2016 - 75% progression, died in chamber
Action: 2016-06-30 - Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 8 On Its Merits
Text: Latest bill text (Draft #1) [HTML]
Summary
Subchapter III, Chapter 68, Title 7 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act, which, among other things, does all of the following:1. Makes it clear that a government; governmental subdivision, agency, or instrumentality; or public corporation that donates food may claim the immunity provided by 6822 of this Act. Thus, a school or school district that donates food may claim the immunity provided by 6822 of this Act.2. Protects a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food.Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following:1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation.3. Protects a person who, in good faith, donates services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency.
Title
An Act To Amend Title 16 Of The Delaware Code Relating To Immunity For Donated Food.
Sponsors
History
Date | Chamber | Action |
---|---|---|
2016-06-30 | House | Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 8 On Its Merits |
2016-06-30 | House | Amendment HA 1 - Introduced and Placed With Bill |
2016-06-22 | House | Introduced and Assigned to Health & Human Development Committee in House |
2016-06-21 | Senate | Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
2016-06-21 | Senate | Amendment SA 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
2016-06-21 | Senate | Amendment SA 1 - Introduced in Senate |
2016-06-15 | Senate | Reported Out of Committee (EXECUTIVE) in Senate with 5 On Its Merits |
2016-06-09 | Senate | Assigned to Executive Committee in Senate |