This Act is the first leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.
Senate Bill No. 188, enacted during this General Assembly, clarified that the law-enforcement agency practice of purchasing firearms for that agency’s law-enforcement officers for use by the officers in their official duties is exempted from the background check requirements under §§ 1448A, 1448B, and 1448D of Title 11 under our State’s permit to purchase firearms laws. This Act provides the same exemption from background check requirements for a qualified constable agency representative. A qualified constable agency representative means a constable working for an employer, as defined under § 5602 of Title 24, that has authorized the procurement of handguns by the constable on behalf of any constables working for that employer. For purposes of this Act, “constable” means an individual who satisfies all of the following: (1) Commissioned under Chapter 56 of Title 24. (2) Licensed to carry a firearm by the Professional Licensing Section of the Delaware State Police. (3) Authorized by the Constable Board of Examiners to carry a firearm in the performance of the constable’s official duties. This Act also makes void a permit to purchase and gives the Director of the State Bureau of Identification (SBI) permission to revoke a permit to purchase if the person is no longer a qualified constable agency representative.
This Act is a substitute for Senate Bill No. 300. Like SB 300, this Act requires firearm dealers to obtain a state license to sell or transfer firearms under Chapter 9B instead of the license to sell deadly weapons under Chapter 9 of Title 24. Like SB 300, this Act does all of the following: -Establishes in statute factors that make a person ineligible to obtain a state license to sell or transfer firearms or to serve as a responsible person for a state license holder (licensee). -Heightens and adds more specific security requirements. -Heightens and centralizes recordkeeping and reporting requirements. -Requires background checks for contractors and volunteers with access to the licensee's firearms or performing certain tasks for a licensee. -Establishes training requirements. -Includes a recurring inspection by the DSP to ensure licensees are in compliance with State law. -Establishes civil penalties and possible license revocation in the event of violations. This Act differs from Senate Bill No. 300 as follows: -Changes the definition of firearm to reference 11 Del. C. § 222. -Removes the license fee ranges that are dependent on the number of firearms sold or transferred and instead sets flat and established license fees at $300 for an initial license and $250 to renew a state license. This Act makes corresponding changes throughout to account for the change in license fee structure. -Removes the licensee requirement to report firearm trace information to the Attorney General and the Attorney General’s publication of an annual report. Instead, firearm trace information will be provided as part of a licensee’s renewal application and will be provided to the General Assembly by the Delaware State Police (DSP). -Background checks are required once every 2 years, instead of annually. Relatedly, the background check obtained by a licensee or responsible person is valid for 2 years for purposes of applying for an initial license or a license renewal under this chapter. -Establishes December 31 of each year as the date that license renewal applications are due. Initial licenses that are granted after January 1 of each year may receive a prorated license fee. This Act makes corresponding changes throughout to account for the date change. -Changes the DSP report about licensee status from an annual report due by December 1 to a biennial report due on March 1. -Adds that the Delaware Department of Justice also has general investigative authority to investigate a breach of Chapter 9B. Under SB 300, only DSP had this authority. -Removes the requirement that a licensee maintain all security system recordings for at least 3 years. DSP shall promulgate regulations that establish how long a licensee shall maintain recordings. -The General Assembly shall expend any money collected in the Firearm Licensing Fund in furtherance of implementing this Act and Chapter 9 of Title 24. -Delays implementation and gradually phases in the requirements in this Act, beginning by July 1, 2028, with DSP notification to people with valid special licenses to sell deadly weapons under Chapter 9 of Title 24 about the changes in law and the potential that a license under this Act may be required. Changes made by this Act to Delaware’s licensing system are in recognition of a growing body of evidence that demonstrates that firearms dealers’ sales practices affect the probability of firearms entering the illegal market, and that policies designed to hold dealers accountable can curtail illegal use of firearms and the concomitant crimes. According to the Johns Hopkins University Center for Gun Violence Solutions, utilizing data from the Centers for Disease Control, firearms are used in 78% of homicides that occur in Delaware. In addition to loss of life, firearm violence has an economic impact, costing Delawareans $1.3 billion per year, which amounts to $1,236 per resident. An article in the Journal of Urban Health found that in-state trafficking was 64 percent lower in places with strong firearm dealer regulations and oversight. A study published in the American Journal of Public Health, examining 20 years of data, found that state licensing requirements and laws requiring or allowing inspections or audits of firearm dealers were independently associated with significantly lower firearm homicide rates. The ATF has oversight over firearms dealers, but its efforts are insufficient. Though the ATF aims to inspect firearm dealers at least every three years, at the rate inspections are performed, a dealer can expect inspection only once every 9 years. ATF data reveals that, when they occur, dealer inspections generally yield a large number of violations. In sum, the frequency of violations and the rarity of inspections allow the possibility that dealers are violating law each year without any corrective action by the ATF. According to data compiled by Brady United, there is State-specific evidence to suggest Delaware’s firearm licensing system would benefit from reform to protect the health and safety of our residents. According to 2017 through 2021 ATF data, 6,626 firearms were recovered in Delaware by law enforcement, after either having been used in a crime, found at a crime scene, or where the purchase or possession of the firearm was itself illegal (“crime guns”). Half of these crime guns were recovered by law enforcement within 3 years of retail purchase, which is indicative of potential firearm trafficking. The data also raises concerns about potential straw purchasing in our State, as there was a mismatch in the identity of the firearm purchaser and firearm possessor during a criminal offense in 72% of the traceable cases. Furthermore, 67% of the firearms recovered by law enforcement in this State were sourced from in-State firearm dealers. Delaware is also a significant supplier of crime guns to other states, most significantly Maryland (12.2% of the crime guns recovered come from Delaware dealers) and Pennsylvania (8.9% if the crime guns recovered come from Delaware dealers).
This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter. The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following: (1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license. (2) Fails to meet the requirements of this subchapter or any applicable regulation. (3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following: a. An application for a license or a license renewal. b. Any data or document submitted to the Department. c. Records required to be kept under this subchapter or under applicable regulation. (4) Refuses to allow representatives or agents of the Department to inspect any of the following: a. All or any portion of the animal shelter. b. Any documents, records, or files required to be maintained by the animal shelter. (5) Does not correct a previously identified violation. (6) Has unpaid fees or fines. (7) Has a history of noncompliance with animal welfare laws or applicable regulations. The Department has discretion to issue provisional licensure for an applicant seeking license renewal. An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation. This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027.
This Act defines terms used in Chapter 66, Title 16 of the Delaware Code for clarity. It also provides the State Fire Prevention Commission with the authority to receive and review criminal history records of applicants and members to determine whether the applicant or member is prohibited from serving as a member of a fire company. An applicant or member is not qualified to serve as a member if the individual’s criminal history record includes a crime listed in this Act, including felonies, specified financial or property crimes, sex crimes, specified crimes against a victim who is acting in the lawful performance of the victim’s duty, or crimes involving controlled substances or designer drugs. This Act updates the criminal history record language in Chapter 66, Title 16 to ensure Delaware law meets the requirements of the Federal Bureau of Investigation in requesting federal criminal history records. This Act also makes technical corrections to make existing law conform to the standards of the Delaware Legislative Drafting Manual.
This Act removes authority from the Department of Corrections to deduct pay from inmate accounts for a proportionate share of the costs of incarceration of inmates in the facility in which the inmate is housed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Like the original bill, Senate Substitute 1 for Senate Bill 314 modernizes the Rape Shield provisions in Title 11 of the Delaware Code, §§ 3508 and 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence. This Senate Substitute differs from the original in that it establishes a separate procedure under § 3508(b) of Title 11 to address prior false accusations of unlawful sexual conduct by the complaining witness, providing a distinct set of standards for handling the unique issues surrounding this type of evidence.
This Act recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028. This Act also encourages that, in collaboration with the PEFC, the Department incorporate elements of the hybrid model in the development of the Governor’s Recommended Budget for Fiscal Year 2028 for consideration by the 154th General Assembly. However, during this transition, a school district or charter school should not receive a state appropriation for Fiscal Year 2028 that is lower than the amount that school received in Fiscal Year 2027. The PEFC was established under Senate Concurrent Resolution No. 201 (152nd General Assembly) on June 27, 2024, and then re-established under House Concurrent Resolution No. 2 (153rd General Assembly) on January 21, 2025, to conduct a comprehensive review of public education funding for all students and populations served by school districts and charter schools (public schools) and develop a roadmap of recommendations to implement improvements to the public education funding system. The PEFC’s recommends adopting a new public education funding framework, known as the “hybrid model”, that combines the current, resource-based funding formula with a student-based, weighted funding model. The hybrid model will improve equity in public school funding and facilitate gains in student achievement by increasing flexibility in how public schools may use appropriated money. The PEFC recommendations include accountability measures as an important balance to the increased flexibility and that the equalization formula must be modernized.
This Act makes a technical correction to the optional special powers form in the Uniform Health Care Decisions Act in Title 16. Currently, the existing language in the form implies any number of days can be written in to the advance directive when designating a maximum length of time for a mental health care related admission. However, under § 2518(e) of Title 16, an agent or default surrogate may not consent to voluntary admission of an individual to a facility for mental health treatment for longer than 72 hours. This Act removes the open-ended language in the form, so that a voluntary admission to a mental health facility by an agent may not exceed 72 hours.
This Act gives Delaware’s Public Service Commission (“Commission”) the authority to designate a telecommunications provider or reseller as an eligible telecommunications carrier (“ETC”) for the purpose of providing Lifeline services. Lifeline is a Federal Communications Commission (“FCC”) program that helps make phone and internet services more affordable for low-income consumers. Approximately 8,700 Delawareans participate in Lifeline. Currently, the determination of which telecommunications services companies can operate as Lifeline ETCs in Delaware is made by the FCC. This Act shifts that authority to the Commission, and in doing so, brings Delaware into line with nearly every other state in the nation. The reason for this nationwide trend is that in the past 15-20 years, the FCC has stopped taking action on approving ETCs for Lifeline on behalf of states. The FCC is not opposed to states stepping into this gap, but Delaware cannot do so absent statutory changes. By giving the Commission the authority to designate Lifeline ETCs, this Act will allow additional Lifeline providers to support this State’s residents. Because the FCC handles the administration and expenses of the program, there is no cost to the State as a result of taking on this authority. This Act takes effect immediately, but implementation is delayed to give the Commission time to amend its regulations to be consistent with this Act.
Under Senate Concurrent Resolution No. 201 (152nd General Assembly) and House Concurrent Resolution No. 2 (153rd General Assembly), the Public Education Funding Commission (Commission) has studied how to improve Delaware's public education funding policies so that public school funding is equitable and appropriated in a manner that allows public schools, including both school districts and charter schools, to not only spend all money that is appropriated but to do so in a manner that best meets the needs of the students in each school. This Act implements the Commission’s recommendation that the Public Education Funding Commission be established as a permanent body. As set forth in Senate Bill No. 302 (153rd General Assembly), the Commission recommended that the General Assembly enact what is known as the hybrid formula. The hybrid formula combines elements of the current funding calculations with a weighted needs-based approach that provides additional funding for students who receive career and technical education or special education services, who are multilingual learners, and who live in low-income households. Codified, the Commission will have a crucial role in implementing and maintaining the benefits of the hybrid model by continually reviewing the hybrid model, including the amounts of the required weights, if school spending of state appropriations complies with the applicable requirements, and making recommendations for improvements. The continual review of public education funding by the Commission will allow adjustments to be made on a gradual and incremental basis as needed.
This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.
