Daily Report for 5/9/2019

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 43PassedYearickThis resolution encourages State of Delaware employees to make informed decisions about their health care during Open Enrollment and throughout the year as an important step to help control rising health care costs and to maintain high quality, affordable benefit options now and in the future.ENCOURAGING STATE OF DELAWARE EMPLOYEES TO MAKE INFORMED DECISIONS ABOUT THEIR HEALTH CARE DURING OPEN ENROLLMENT AND THROUGHOUT THE YEAR.
HA 1 to HB 129PWBJaquesThis amendment permits school boards to elect a one-time rate increase of the tax originally authorized in an election in order to ensure that a school district will have sufficient local funds ending balance at the end of the fiscal year. 
HR 10PassedBushThis House Resolution recognizes Sunday, May 12, 2019 as a very special day for all mothers in the State of Delaware and calls on all Delawareans to reflect on the many selfless acts of their own mothers.RESPECTING AND HONORING ALL DELAWARE MOTHERS ON MAY 12, 2019, MOTHER'S DAY.
SS 1 for SB 68CommitteeTownsendThis Substitute Act takes the place of Senate Bill No. 68 (150th General Assembly) and removes the voluntary certificate of possession process. In all other respects this Act is similar to Senate Bill No. 68. Specifically, this Act prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. One exception relevant to individuals is that the Act does not prohibit the possession and transport of firearms that were lawfully possessed or fully applied for before the effective date of this Act; although for these firearms there are certain restrictions relating to their possession and transport after the effective date of this Act. This Act is based on the Firearm Safety Act of 2013 (“FSA”) passed in Maryland in the wake of the tragic slaughtering of children on December 14, 2012, at Sandy Hook Elementary School in Newtown, Connecticut. The FSA’s assault weapons ban was upheld as constitutional on February 21, 2017, by the full membership of the United States Court of Appeals for the Fourth Circuit, in the case of Kolbe v. Hogan, 849 F.3d 114 (4th Cir. 2017). The names Newtown, Aurora, San Bernardino, Orlando, Las Vegas, and Parkland, among others, have become synonymous with tragic killing of innocent, unsuspecting Americans of all ages and backgrounds, amidst a framework of federal and state laws that have permitted the purchase of weapons designed for the battlefield — not for our schools, our theaters, our places of worship, or our homes. Safety — both for the general public, as well as members of Delaware's law-enforcement community — is the objective of this Act, as it was for the FSA. And, as with the FSA, a primary goal of this Act is to reduce the availability of assault weapons so that when a criminal acts, he or she does so with a less dangerous weapon and less severe consequences. Relying on United States Supreme Court precedent from District of Columbia v. Heller, 554 U.S. 570 (2008), as well as the holdings of its sister circuits, the full Fourth Circuit concluded that the assault weapons banned by the FSA are not protected by the Second Amendment. The Fourth Circuit was convinced that the banned assault weapons are among those arms that are “like” “M-16 rifles” — “weapons that are most useful in military service” — which the Heller Court singled out as being beyond the Second Amendment’s reach. The Fourth Circuit concluded that Maryland had presented extensive uncontroverted evidence demonstrating that the assault weapons outlawed by the FSA are exceptionally lethal weapons of war. The Fourth Circuit also concluded that the evidence showed the difference between the fully automatic and semiautomatic versions of military-style weapons is slight. Further evidence considered by the Fourth Circuit that motivates this Act is as follows: (1) Like their fully automatic counterparts, the banned assault weapons are firearms designed for the battlefield, for the soldier to be able to shoot a large number of rounds across a battlefield at a high rate of speed, and that their design results in a capability for lethality — more wounds, more serious, in more victims — far beyond that of other firearms in general, including other semiautomatic guns. (2) The banned assault weapons have been used disproportionately to their ownership in mass shootings and the murders of law-enforcement officers. (3) The banned assault weapons further pose a heightened risk to civilians in that rounds from assault weapons have the ability to easily penetrate most materials used in standard home construction, car doors, and similar materials, and that criminals armed with the banned assault weapons possess a “military-style advantage” in firefights with law- enforcement officers, as such weapons allow criminals to effectively engage law-enforcement officers from great distances and their rounds easily pass through the soft body armor worn by most law-enforcement officers. (4) Although self-defense is a conceivable use of the banned assault weapons, most individuals choose to keep other firearms for that purpose. (5) Prohibitions against assault weapons will promote public safety by reducing the availability of those armaments to mass shooters and other criminals, by diminishing their especial threat to law-enforcement officers, and by hindering their unintentional misuse by civilians. (6) In many situations, the semiautomatic fire of an assault weapon is more accurate and lethal than the automatic fire. Finding this evidence and these conclusions by the Fourth Circuit to be strongly persuasive of the applicable framework of constitutional rights, and firmly believing that promoting the safety of the Delaware public and Delaware law-enforcement is a paramount function of the Delaware General Assembly, Delaware legislators file this Act in the name of public safety and with adherence to core constitutional principles. AN ACT TO AMEND THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
SA 2 to SB 77PassedBrownThis Amendment makes technical correction to remove unnecessary language.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 23 w/ HA 2SignedK. WilliamsThis bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.
HB 46 w/ HA 2, HA 4 + SA 2SignedKowalkoThis Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners. This Act does all of the following: 1. Clarifies that tenants and landlords continue to each pay half of the monthly assessment, currently $5.00, which is deposited in the Delaware Manufactured Home Relocation Trust Fund. 2. Directs $0.50 of each tenant’s portion of the monthly assessment to the Attorney Fund. 3. Reduces the obligation of the landlord by $0.50 for each rented lot. This Act is drafted so that if both this Act and House Bill No. 45 are enacted in 2019, the changes made by this Act will be incorporated into the revisions to Chapter 70 of Title 25 made by House Bill No. 45. Sections 1 and 2 make the same technical corrections as House Bill No. 45 and Sections 1 and 3 make additional technical corrections, to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO A DELAWARE MANUFACTURED HOME OWNER ATTORNEY FUND.
HB 93SignedSeigfriedThis Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.
SB 63 w/ SA 1SignedDelcolloThe Delaware Equal Accommodations Law, Chapter 45 of Title 6 of the Delaware Code, prevents discrimination against people because of their race, age, marital status, creed, color, sex, disability, sexual orientation, gender identity, or national origin. This Act enhances the protections under the Delaware Equal Accommodations Law by prohibiting retaliatory discrimination against an individual for either of the following: (1) Opposing an act or practice that is an unlawful practice under the Delaware Equal Accommodations Law. (2) Making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing to enforce the Delaware Equal Accommodations Law.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE EQUAL ACCOMMODATIONS LAW.
HB 125 w/ HA 2SignedSchwartzkopfThis bill is intended to facilitate the growth and expansion of Delaware licensed craft alcoholic beverage companies within the State by permitting them to continue to grow and expand in an increasingly competitive environment. This bill does not change the position of craft alcoholic beverage companies in the traditional “three-tier” system.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO CRAFT ALCOHOLIC BEVERAGES.
SB 75SignedParadeeThis Act makes the following changes to provisions required in life insurance policies issued in this State: (1) Specifies that a certified copy of an insured's death certificate, or other lawful evidence providing equivalent information, is acceptable as due proof of death. (2) Requires that interest be paid on the death benefit due under a life insurance policy.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PAYMENT OF LIFE INSURANCE CLAIMS.
HCR 40PassedLonghurstThis House Concurrent Resolution outlines the need for expansion of the exchange network between school and county libraries and requests that the Secretary of State develop and implement such expansion.REQUESTING THE SECRETARY OF STATE TO EXPAND THE EXCHANGE NETWORK BETWEEN SCHOOL AND COUNTY LIBRARIES.
HCR 41PassedK. JohnsonThis House Concurrent Resolution recognized April 25, 2019 as the 50th Anniversary of the enactment of Delaware’s Equal Rights to Housing Act. The House Concurrent Resolution further recognizes May 9, 2019 as a Celebration of a Day for Housing in the State of Delaware.RECOGNIZING THE 50TH ANNIVERSARY OF THE ENACTMENT OF DELAWARE’S EQUAL RIGHTS TO HOUSING ACT AND CELEBRATING A DAY FOR HOUSING.
HCR 42PassedDorsey WalkerThis Concurrent Resolution recognizes May 9, 2019 as Alpha Kappa Alpha Sorority or “AKA Day at the Capitol” in Delaware.RECOGNIZING MAY 9, 2019 AS ALPHA KAPPA ALPHA SORORITY OR "AKA DAY AT THE CAPITOL" IN DELAWARE.
SA 1 to SB 63PassedDelcolloThis Amendment adds language to make clear that "person" applies to the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation. This change is consistent with similar existing law provisions in the Act. 
SA 2 to HB 46PassedEnnisThis Amendment allows an attorney funded by the Delaware Manufactured Home Owner Attorney Fund to represent manufactured homeowners in challenges to rent increases if the proposed rent increase is 3% or higher plus the CPI-U and either the homeowners association or a majority of the homeowners affected by the increase support the challenge. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 23SignedWalshThis Act changes the employee classification of the Office of Highway Safety (OHS) director position from merit to exempt. The Department of Safety and Homeland Security (Department) is requesting the change to make the Department’s director position employee classifications consistent. The Department is seeking the change while the OHS Director position is vacant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF SAFETY AND HOMELAND SECURITY.
SB 42SignedWilsonThis Act expands applicability of the Delaware State Fair Centennial Limited Edition Special License Plate to vehicles with a manufacturer's gross vehicle weight rating of up to 26,000 pounds, and clarifies that vehicles owned by artificial entities qualify for this plate. This Act also removes a provision regarding vans, as that language is antiquated and no longer necessary.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
HA 1 to HB 109PassedKowalkoThis Amendment clarifies that a natural person must own real property in the City of Newark to vote in a referendum regarding the issuance of bonds. 

Senate Committee Assignments

Banking, Business & Insurance
Elections, Govt. & Community Affairs
Health & Social Services

House Committee Assignments

Health & Human Development
Housing & Community Affairs

Senate Committee Report

No Senate Committee Report

House Committee Report

Housing & Community Affairs

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records