Delaware Senate Bill 272 (Prior Session Legislation)

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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]

Subchapter III, Chapter 68, Title 7 of the Delaware Code (“Subchapter III”) was originally enacted in 1982.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.

An Act To Amend Title 16 Of The Delaware Code Relating To Immunity For Donated Food.

Sen. Bruce Ennis [D]	Sen. Brian Pettyjohn [R]	Rep. William Carson [D]	Rep. Jeffrey Spiegelman [R]
Rep. Lyndon Yearick [R]	Sen. Brian Bushweller [D]	Sen. Gerald Hocker [R]	Sen. Bryan Townsend [D]
Rep. Stephanie Bolden [D]	Rep. Ruth Briggs King [R]	Rep. Ruth Briggs King [R]	Rep. Ronald Gray [R]
Rep. Deborah Hudson [R]	Rep. Edward Osienski [D]	Sen. Charles Paradee [D]

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

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/5b97fe794e8caf4685257fa400652ade?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+272/$file/legis.html?open