Delaware Bills

This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.

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.

This resolution proclaims June 19, 2018 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.

This Act prohibits a tax rate greater than 50 cents per cigar upon the sale and use of premium cigars.

This Act acknowledges that the Department of Natural Resources and Environmental Control has been collecting natural resource data for years without the consent of the respective property owners. This Act further prohibits the dissemination of natural resource data to any person or entity without first disclosing the date and method of collection along with obtaining the written consent of the respective property owner. In the event written consent cannot be obtained during a two year period following the effective date of this Act, the Department must expunge, without the distribution or transmission to any other person or entity any natural resource data.

This Resolution recognizes the young men participating in the 2018 session of Delaware's Boys State and commends its sponsor, the American Legion Department of Delaware.

This Act authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an “insured” if the amount reimbursed by an entity subject to the Act is less than the pharmacy acquisition cost. This Act also prohibits a pharmacy benefits manager from reimbursing a pharmacist or pharmacy for a prescription drug or pharmacy service in an amount less than the pharmacy benefits manager reimburses itself or an affiliate for the same prescription drug or pharmacy service.

This Concurrent Resolution honors the Army Warrant Officer Corps for their 100th anniversary on July 9, 2018.

This resolution recognizes June 17, 2018 as Father’s Day in Delaware.

This resolution honors USO Delaware for their important and inspiring work supporting military members and their families.

This bill permits a County government to impose and collect a lodging tax of no more than 3 percent on hotel, motel, and tourist home rooms located in the unincorporated areas of the County.

This Act encourages and provides funding for the installation of detection equipment for deadly weapons, dangerous instruments, and other dangerous things at public, charter, and private schools.