Delaware Bills

in committee · Delaware · House May 2, 2019

HB 39: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of valid government issued identification or other generally accepted proof of identification.

John J. Viola (D) Sherry Dorsey Walker (D) · 18 co-sponsors

in committee · Delaware · House May 2, 2019

HB 136: AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON THE TIME AND FREQUENCY OF SESSIONS.

This Act is the first leg of a constitutional amendment that would ensure that legislative business is conducted at a reasonable time during a special session to enable the public to monitor and participate in the legislative process. Specifically, this Act: (1) Prohibits the regular session of the General Assembly from extending beyond 7:00 p.m. on the last day of June, unless the session is recalled by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 7:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This change negates the Supreme Court’s ruling in Opinion of the Justices, 405 A.2d 694 (Del. 1979), that “the General Assembly, by operation of law, is required to stop its session at midnight of June 30th annually and it cannot continue by Legislative initiative unless ‘the session is recalled by . . . the mutual call of the presiding officers of both Houses.’” (2) Requires that a session of a special session adjourn or recess to the call of the chair not later than 11:59 p.m. on June 30, unless otherwise provided by a resolution passed by a 2/3 vote of all members elected to both Houses. (3) Prohibits a session of a special session from being called to order before 9:00 a.m. on any other calendar day or being adjourned or recessed to the call of the chair later than 9:00 p.m. on any other calendar day, unless otherwise provided by a resolution passed by a 2/3 vote of all members elected to both Houses. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that the General Assembly will continue its traditional practice of recessing to the call of the chair to enter a temporary recess of a special session, from which a presiding officer may then recall the officer’s House at that officer’s pleasure.

in committee · Delaware · House Apr 18, 2019

HB 126: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE COMPENSATION POLICY.

This bill requires an elected official or other paid appointed official of this state or any county or political subdivision who is also employed by any state agency, education, or other institution, or any other political subdivision of this State to disclose such employment to the Public Integrity Commission (PIC). This disclosure will assist the PIC and the State Auditor in evaluating if the official is receiving dual compensation for coincident hours of work.

in committee · Delaware · House Apr 17, 2019

HB 52: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.

The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

signed · Delaware · Senate Apr 17, 2019

SB 25: AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 30 OF THE DELAWARE CODE RELATING TO DELIVERY AND SALES OF TOBACCO PRODUCTS.

This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Apr 11, 2019

HB 120: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE TO CREATE A RENTAL TAX CREDIT FOR LOW-INCOME AND ELDERLY RENTERS.

This bill increases affordable housing and was created to financially assist renters struggling with low income and renters that are elderly, that are not receiving other subsidized housing benefits. If the portion of rent attributable to the assumed property taxes exceeds a fixed amount in relation to income, the renter can, under specified conditions, receive a credit of as much as $250.

in committee · Delaware · House Apr 11, 2019

HB 16: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EMERGENCY VEHICLES.

This bill adds the Department of Correction, Bureau of Prisons and Bureau of Community Corrections' vehicles to the list of "authorized emergency vehicles" identified in Chapter 41 of Title 21 that are afforded certain privileges when responding to an emergency.

in committee · Delaware · House Apr 10, 2019

HCR 5: CALLING FOR AN ARTICLE V CONVENTION TO AMEND THE UNITED STATES CONSTITUTION.

This resolution places Delaware alongside sister states, including Vermont, California, Illinois, New Jersey, and Rhode Island, in calling for an Article V convention to reverse the decision by the United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (“Citizens United”) and related cases and events. The Citizens United decision has permitted money to play an unduly influential role in the context of political campaigns. The convention will have the sole purpose of crafting an amendment to the Constitution of the United States to address this situation, based upon data and experiences that have arisen in the wake of these decisions.

in committee · Delaware · House Apr 10, 2019

HB 15: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This Act creates the following new tax brackets: at $125,000, with a rate of 7.10% and at $250,000, with a rate of 7.85%.

in committee · Delaware · House Apr 4, 2019

HB 107: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

This bill requires notification by certified mail when an owner's outstanding fines, penalties, and administrative fees exceed $500 and when the owner is subject to enhanced penalties. Notification as to the possible enhanced penalties is required in the certified mail.

signed · Delaware · Senate Mar 28, 2019

SB 22: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.

Act enacts the National Popular Vote compact, which changes the Electoral College from an institution that reflects the voters’ state-by-state choices into a body that reflects the voters’ nationwide choice. Currently, state statutes require that electoral votes are controlled by the plurality of the voters in the state but this system is not required by the U.S. Constitution or federal law. The National Popular Vote compact requires that each member state award its electoral votes to the presidential candidate who received the largest number of popular votes in all 50 states and the District of Columbia. The National Popular Vote compact becomes effective when it is enacted by states collectively possessing a majority of the electoral votes. When the National Popular Vote compact takes effect, the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia would be guaranteed enough electoral votes in the Electoral College to be elected to the Presidency. Specifically, this Act does the following: Section 1. Adopts The Agreement Among the States to Elect the President by National Popular Vote ("National Popular Vote compact") and provides for notice regarding when the National Popular Vote compact is in effect and governs a presidential election. Section 2. Revises the wording of § 4303(b) so that it correctly addresses how electors must vote in any presidential election. This is not a substantive change to current law, which governs when the National Popular Vote compact is not applicable to an election, because the electors nominated by the political party that received the plurality of vote of the voters of this State are the electors who are appointed. Section 3. Corrects a typographical error in § 5711. Section 4. Revises § 5711 to govern when the National Popular Vote compact governs a presidential election. Both versions of § 5711 will appear in the Delaware Code with a note at the top of each version stating if that version governs the next presidential election. Section 5. Revises § 7704 of Title 15 regarding the election of delegates to a state constitutional convention to ratify proposed amendments to the U.S. Constitution so that it remains unchanged by the National Popular Vote compact. The statute currently provides that delegates are elected "in the same manner as in the case of the election for electors for President and Vice President." Because the National Popular Vote compact changes how electors are selected, § 7704 is revised so that delegates to a national constitutional convention are nominated and elected in the current manner, regardless of whether the National Popular Vote compact governs the next presidential election. Section 6. Clarifies the effective date of this Act and when Section 1 of this Act governs a presidential election.

in committee · Delaware · House Mar 28, 2019

HB 99: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

This bill provides that for correction officers and specified peace officers, the amount of ordinary service or disability pension benefits given to state employees shall also include the following: (1) Before July 1, 2019, 2.45% of his or her final average compensation multiplied by years of service above 25 years; (2) After July 1, 2019, 2.5% of his or her final average compensation multiplied by the number of years of service for up to 20 years, plus 3.5% of his or her final average compensation multiplied by the number of years of service above 20 years. The increased multipliers that take effect after July 1, 2019 reflect increased costs, reduced benefits, and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%. Specified peace officers means (1) Probation and parole officers employed by the Department of Correction; (2) Capitol Police officers; (3) Department of Natural Resources police officers; (4) University of Delaware Police; (5) State Fire Marshal officers; (6) Division of Alcohol and Tobacco Enforcement agents; (7) Justice of the Peace Court constables; and (8) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth, and their Families.

Bill results