Delaware House Bill 345 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: Passed on August 4 2016 - 100% progression
Action: 2016-08-04 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

Under this Act, the General Assembly formally recognizes the Lenape Indian Tribe of Delaware ("the Tribe") as an American Indian tribe, not only to acknowledge the Tribe's rich history and culture, but also so that the Tribe may be recognized as eligible for the programs and services that the United States provides to Indians because of their status as Indians. For example, the federal Indian Arts and Crafts Act establishes the Indian Arts and Crafts Board ("the Board") of the U.S. Department of the Interior and authorizes the Board to establish standards and regulations for the use of the U.S. Government-owned trademarks of genuineness and quality for Indian products. See 25 U.S.C. 305a(g) (2015). It is unlawful under federal law "to offer or display for sale or sell any good in a manner that falsely suggests it is an Indian product, or the product of a particular Indian, or Indian tribe, or Indian arts and crafts organization resident within the United States." See 18 U.S.C. 1159 (2015). For an art or craft product to be sold with an "Indian made" or similar designation, the product must be made by an Indian, which federal regulation defines as an individual who is a member of an Indian tribe. See 25 C.F.R. 309.2(a). Federal regulation defines "Indian tribe" as any Indian group which is recognized by either the federal government or a state legislature. See 25 C.F.R. 309.2(e)(1) and (2). Since the Tribe is not federally-recognized, one application of the recognition under this Act is to make the Tribe eligible to sell arts and crafts as "Indian made."

An Act To Amend Title 29 Of The Delaware Code Relating To State Recognition Of The Lenape Indian Tribe Of Delaware.

Rep. Sean Lynn [D]	Rep. Andria Bennett [D]	Rep. William Carson [D]	Sen. Charles Paradee [D]
Rep. Jeffrey Spiegelman [R]	Sen. David Lawson [R]	Rep. Paul Baumbach [D]	Rep. Harvey Kenton [R]
Rep. John Kowalko [D]	Rep. Bryon Short [D]	Rep. Melanie Smith [D]	Rep. Kimberly Williams [D]
Sen. David Wilson [R]	Sen. Catherine Cloutier [R]	Sen. Bruce Ennis [D]	Sen. Margaret Henry [D]
Sen. Bryan Townsend [D]

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

Date	Chamber	Action
2016-08-04	House	Signed by Governor
2016-07-01	Senate	Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-07-01	Senate	Necessary rules are suspended in Senate
2016-06-30	House	Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2016-06-30	House	Amendment HA 1 - Passed in House by Voice Vote
2016-05-04	House	Reported Out of Committee (HOUSE ADMINISTRATION) in House with 4 On Its Merits
2016-05-04	House	Amendment HA 1 - Introduced and Placed With Bill
2016-04-28	House	Introduced and Assigned to House Administration Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/c075789e85c5381e85257f4700569d25?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+345/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis148.nsf/EngrossmentsforLookup/HB+345/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis148.nsf/7712cf7cc0e9227a852568470077336f/f4677cde1259866c85257fe300269eb8?OpenDocument