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Legislative wrap-up 5/17/19

May 20, 2019
Plastic bag bill passes House

A bill that would limit single-use plastic bags distributed by large stores passed the House May 14 33-7 with one absent.

House Bill 130 was introduced April 18 by Rep. Gerald Brady, D-Wilmington, to significantly reduce the number of plastic bags circulated throughout the state and the detrimental effect they have on the environment.

Rep. Rich Collins, R-Millsboro, said he believes educating citizens about the benefits of recycling is better than creating new laws penalizing those who do not recycle. “I wish we had more information from the other side,” he said.

Rep. Steve Smyk, R-Milton, said all forms of trash should be targeted, and he also questioned the penalties in the bill. “Why are we using the heavy hand of government?” he asked.

The bill would prohibit stores with more than 7,000 square feet of retail sales space, or chain stores with at least 3,000 square feet, from handing out “any single-use plastic carryout bag” for purchases. The law would go into effect Jan. 1, 2021. Restaurants, however, would be excluded. Also excluded are bags used to wrap meat, fish, flowers or potted plants; and bags used for live animals, chemical pesticides or placed over articles of clothing.

The Department of Natural Resources and Environmental Control would enforce the law, and a violation would result in civil penalty up to $500 for the first offense, up to $1,000 for a second offense and up to $2,000 for a third.

An amendment allowing municipalities to enact laws for stores 500 square feet or more, and another amendment removing the mention of compostable bags from the bill and encouraging people on food assistance to use reusable bags both passed with the bill.

Gov. John Carney released a statement May 14 supporting the bill. “Plastic bags are a significant source of litter in our state - stuck in trees and discarded on the side of the road,” he said. “We know that very few plastic bags are recycled and many of them end up as litter. I want to thank members of the House for their vote to pass this legislation, which will help clean up our state and give us another tool to protect our environment.”

The bill awaits action in Senate committee.

End of Life bill held in committee

A bill that would allow a terminally ill patient to end his or her life was heard in House committee May 8 but is being held in committee for the time being.

Bill sponsor Rep. Paul Baumbach, D-Newark, said he is holding the bill in committee while some of his freshmen colleagues catch up on the issue. “It's an involved issue, and I recognized that we needed to give my colleagues more time,” he said.

Baumbach said he is unsure when the bill will reach the full House for a vote. “New members need to have time to review the bill,” he said.

Sponsors sought for death penalty bill

A bill that would restore capital punishment in Delaware is being circulated throughout the General Assembly for sponsorship.

The Extreme Crimes Protection Act would bring back the death penalty, which has been on hold following 2016 court decisions found aspects of Delaware's statute unconstitutional. Under the new bill, a death sentence could only be imposed by a unanimous jury that has determined beyond a reasonable doubt a defendant is guilty of one or more aggravating circumstances for capital punishment. The jury would also have to unanimously agree the aggravating factors had been proved beyond a reasonable doubt, and those factors outweigh mitigating factors. With those changes, the bill satifies separate rulings by the U.S. Supreme Court and the Delaware Supreme Court which found aspects of Delaware's death penalty law unconstitutional.

The bipartisan initial sponsors of the bill are Rep. William Carson, D-Smyrna, Rep. Steve Smyk, R-Milton, Sen. Bruce Ennis, D-Smyrna, and Sen. Brian Pettyjohn, R-Georgetown.

Lyme Disease bill passes Senate

A bill that would require a healthcare provider notify a patient at the time blood is drawn for a Lyme disease test to explain the limitations of the test was reported out of a House committee May 15. The healthcare provider should also tell the patient to seek another healthcare provider if the patient continues to experience unexplained symptoms.

Senate Bill 15 sponsored by Sen. Ernie Lopez, R-Lewes, uanimously passed the Senate on May 7, and now awaits action in the full House.

 

 

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