Delaware Senate Bill 277 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on August 1 2012 - 100% progression
Action: 2012-08-01 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This bill modifies and clarifies the appeal process for final decisions from the Delaware Alcoholic Beverage Control Commissioner to the Appeals Commission, and the appeal process for final decisions of the Appeals Commission to the Superior Court. The process in both instances shall follow the Administrative Procedures Act. Further, section 2 of this bill corrects an error in the designation of the proper state agency subject to judicial review. This bill also modifies and clarifies the appeal process from a final decision of the Delaware Alcoholic Beverage Control Commissioner, to cancel or suspend a license, or to fine a licensee, directly to the Superior Court. Due to the emergent business nature of such a final decision by the Delaware Alcoholic Beverage Control Commissioner the licensee’s appeal should proceed directly to the Superior Court. The current statute’s arbitration process in which a Superior Court Commissioner’s decision is subsequently reviewed by the Superior Court is not a routine review process which is available in the Superior Court. The reference to compliance with an arbitrator’s order is no longer applicable because the requirement that a Superior Court Commissioner arbitrate the appeal is being deleted from the appeal process.

An Act To Amend Title 4 And Title 29 Of The Delaware Code Amending The Appeal Process From A Decision Of The Delaware Alcoholic Beverage Control Commissioner.

Sen. Anthony DeLuca [D]

Rep. Peter Schwartzkopf [D]

2012-06-30 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
2012-06-21 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2012-08-01		Signed by Governor
2012-06-30		Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2012-06-27		Reported Out of Committee (HOUSE ADMINISTRATION) in House with 3 On Its Merits
2012-06-26		Introduced and Assigned to House Administration Committee in House
2012-06-21		Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2012-06-21		Necessary rules are suspended in Senate
2012-06-21		Introduced in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/3018a7b06ef85c0785257a240064a18a?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+277/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/6e597e80e2dd4cec85257a24006d09ad?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/0e6d3a87dce91d9d85257a2e000e9dad?OpenDocument