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144th General Assembly
House Bill # 175 w/SA 1

Primary Sponsor: Thornburg Additional Sponsor(s):    Sen. Venables
CoSponsors: Reps. Cathcart, Lee, Carey, Ewing, Hocker, Lofink, Maier, Manolakos, Oberle, Outten, D. Short, Stone, Wagner, Gilligan, Brady, Ennis, Hall-Long, Mulrooney, Walls; Sens. Bonini, Cook, Copeland, Simpson, Still
Introduced on : 05/17/2007
Long Title:AN ACT TO AMEND SUBCHAPTER III OF CHAPTER 31 OF TITLE 20 OF THE DELAWARE CODE PERTAINING TO THE EXERCISE OF EMERGENCY POWERS.
Synopsis:Article I, Section 20 of the Delaware Constitution guarantees the right of law-abiding citizens “to keep and bear arms for the defense of self, family, home and State”. During the aftermath of Hurricane Katrina, local and state authorities in and around New Orleans, LA, declared a state of emergency and then used that state of emergency as an excuse to confiscate arms from law abiding citizens who were either relying upon those arms for the defense of self, family or home or were in the process of removing those arms from a place of danger to a place of safety so as to deprive the criminal element then present access to those arms.
The purpose of this Bill is to ensure that Delaware’s Emergency Powers Act can never be used as an excuse for such inappropriate conduct within the State of Delaware. This Bill clarifies the existing provisions of the Emergency Powers Act so as to ensure that the provisions of Article I, Section 20 are not violated during times of emergency.

Current Status: Signed   On   06/28/2007
Volume Chapter76:69
Fiscal Note:
Not Required
Date Governor acted:06/28/2007
Full text of Legislation:
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Full text of Legislation:
(in MS Word format)
Legis.Doc   (You need Microsoft Word to see this document.)

Amendments: SA 1 to HB 175 - Passed
Committee Reports:
House Committee Report 05/17/07 F=0 M=4 U=1---->Committee Report
Senate Committee report 06/14/07 F=0 M=4 U=0----->Committee Report
Voting Reports:
House vote: () Passed 6/6/07 3:51:49 PM------->Voting Record
Senate vote: () Passed 6/14/07 6:29:16 PM------->Voting Record
House vote: () Passed 6/26/07 2:46:34 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Jun 28, 2007 - Signed by Governor
Jun 26, 2007 - Passed by House of Representatives. Votes: 39 YES 0 NO 0 NOT VOTING 2 ABSENT
Jun 14, 2007 - Passed by Senate. Votes: 16 YES 3 NO 1 NOT VOTING 1 ABSENT
Jun 14, 2007 - Amendment SA 1 - Passed by Senate. Votes: 14 YES 4 NO 2 NOT VOTING 1 ABSENT
Jun 14, 2007 - Amendment SA 1 - Introduced in Senate
Jun 14, 2007 - Reported Out of Committee (SMALL BUSINESS) in Senate with 4 On Its Merits
Jun 06, 2007 - Assigned to Small Business Committee in Senate
Jun 06, 2007 - Passed by House of Representatives. Votes: 37 YES 1 NO 0 NOT VOTING 3 ABSENT
May 17, 2007 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 4 On Its Merits, 1 Unfavorable
May 17, 2007 - Introduced and Assigned to Public Safety & Homeland Security Committee in House
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