Delaware Bills

passed both · Delaware · House Jun 8, 2022

HCR 91: DIRECTING THE DELAWARE STATE HOUSING AUTHORITY TO CONDUCT A COMPREHENSIVE STATEWIDE HOUSING ASSESSMENT.

This concurrent resolution requests that the Delaware State Housing Authority (DSHA) conduct a comprehensive statewide assessment of affordable housing, particularly for moderate and low income families and first-time home buyers, including existing and proposed DSHA loan and grant programs and provide this assessment to the General Assembly no later than January 1, 2023.

Sarah McBride (D) Rae Moore (D) Madinah Wilson-Anton (D) Paul Baumbach (D) · 30 co-sponsors

passed · Delaware · House Jun 8, 2022

HB 331: AN ACT TO AMEND THE DELAWARE CODE RELATING TO STANDS OPERATED BY A CHILD.

Stands operated by children that serve or sell lemonade or other beverages on a temporary, occasional basis are a summertime tradition for many children. This Act exempts a stand operated by a child from State, county, and municipal regulations and licensing fees that might otherwise apply. Specifically, this Act defines a “stand operated by a child” as one that operates on a temporary, occasional basis, serves or sells lemonade or other beverages to others, and is located on private property with the permission of the private property owner. In Sections 2, 3, 4, and 6, this Act exempts a stand operated by a child from State regulations on food establishments and soft drinks and other beverages, requirements related to child labor laws, and retail license requirements. Additionally, Sections 1 and 5 of this Act broadly prohibit a county or municipality from enacting a law, ordinance, or regulation that prohibits, regulates, requires a license or permit for, or imposes a fee, charge, or surcharge on, a stand operated by a child. Finally, this Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality's charter, or, as in this Act, indirectly, by a general law.

in committee · Delaware · House Jun 8, 2022

HB 403: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE OF VETERINARY MEDICAL EDUCATION.

The Delaware Institute of Veterinary Medicine financially supports Delaware residents who attend veterinary medical schools out of state since Delaware does not have an in-state veterinary medical school. There is currently no requirement that the recipients of financial assistance in this program practice veterinary medicine in Delaware and Delaware is facing a shortage of licensed veterinarians. This Act requires recipients of this financial assistance upon graduation to practice veterinary medicine in Delaware for a minimum of 2 years.

in committee · Delaware · House Jun 8, 2022

HB 181: AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO INTEREST RATES ON LOANS TO INDIVIDUALS.

Delaware is one of a handful of states that has no cap other than unconscionability on interest rates for short-term consumer loans. Under Delaware case law, the unconscionability of an interest rate is decided by a court on a case by case basis. This Act caps interest rates at 20% for short-term consumer loans of $1,000 or less that must be repaid in less than 60 days and motor vehicle title loans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Jun 7, 2022

SB 248: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES, COUNTY TAXES, AND TAXATION OF STRUCTURES USED FOR AGRICULTURAL, HORTICULTURAL, OR FOREST USE

This bill excludes structures used for agricultural, horticultural, or forest use from valuation, assessment, and taxation of property.

in committee · Delaware · Senate Jun 7, 2022

SB 314: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL SAFETY.

This Act creates the Omnibus School Safety Fund (“Fund”) to provide funding to public and charter schools for certain school safety projects. This Act appropriates $65 million from the General Fund to the Fund in Fiscal Year 2023, which does not revert to the General Fund at the end of the Fiscal Year.

passed both · Delaware · House Jun 7, 2022

HCR 88: ENCOURAGING THE GENERAL ASSEMBLY TO PRIORITIZE FUNDING FOR SOCIAL EMOTIONAL LEARNING IN SCHOOLS AND TO WORK COLLABORATIVELY WITH THE DEPARTMENT OF EDUCATION TO PROMOTE SOCIAL EMOTIONAL LEARNING.

This Concurrent Resolution encourages the General Assembly to prioritize funding for Social Emotional Learning (SEL) in schools, and to work collaboratively with the Delaware Department of Education and other stakeholders to promote the use of SEL in school districts and charter schools.

in committee · Delaware · House Jun 7, 2022

HB 460: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT OF INDIVIDUAL PRIVACY.

This Act is the first leg of an amendment to the Delaware Constitution to make clear that the right of individual privacy is essential to the well-being of a free society and may not be infringed without a showing of a compelling state interest. The U.S. Supreme Court has long interpreted the Fourteenth Amendment’s prohibition against the State depriving a person of life, liberty, or property without due process of law to prevent arbitrary or unreasonable action by the State. Specifically, in 1923, the Court, in Meyer v. Nebraska, 262 U.S. 390 stated: “While this Court has not attempted to define with exactness [of] the liberty thus guaranteed [under the Fourteenth Amendment], the term has received much consideration and some of the included things have been definitely stated. Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” Additionally, in Lawrence v. Texas, 539 U.S. 558 (2003), the Court stated that “our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” In explaining the respect the Constitution demands for the autonomy of the person in making these choices, the Lawrence Court noted that the Court previous held that “[t]hese matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” In reaching its ruling, the Lawrence Court held that the petitioners were “entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. ‘It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.’” The General Assembly proposes the enactment of this constitutional amendment creating a right of individual privacy to secure for Delawareans the rights the U.S. Supreme Court has previously found emanate from the federal constitution in the face of concerns regarding the continued effect of these U.S. Supreme Court precedents. 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.

vetoed · Delaware · House Jun 7, 2022

HB 371: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.

This Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration.

in committee · Delaware · House Jun 2, 2022

HB 378: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF LAWS FOR PROTECTION AND CONTROL OF ANIMALS AND BARKING DOGS.

This Act clarifies the authority of the Office of Animal Welfare and Department of Agriculture to enforce all state laws relating to protection and control of animals, including dog barking laws. The Act also transfers the authority to impose and collect fines and penalties under this title to the enforcing agency. This Act takes effect on January 1, 2024.

in committee · Delaware · House Jun 2, 2022

HB 448: AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide.

in committee · Delaware · House Jun 2, 2022

HCR 87: ESTABLISHING STRUCTURES TO ENHANCE EQUITY IN EDUCATION IN DELAWARE.

This concurrent resolution reconstitutes DESPAC and establishes a stakeholder educational equity Council to provide independent oversight for the ombudsman program, and to support the effectiveness of Delaware’s data system for the purpose of enhancing educational equity

Bill results