Rep. Jeff Spiegelman

This Act is the product of the work of the Firearms Definition Task Force (“Task Force”), which was created by this General Assembly under Senate Concurrent Resolution No. 102. The Task Force found that while a more limited definition of “firearm” that is consistent with the common understanding of the term is required, a more nuanced approach than that taken in House Substitute No. 1 for House Bill No. 224 is also required. As a result, this Act does the following: (1) Adopts the definition of “firearm” proposed by House Substitute No. 1 for House Bill No. 224. (2) Creates a definition for a new term, “projectile weapon”, defined as those weapons previously included in the definition of a firearm, but which are not within the common understanding of a firearm. (3) Makes clear that a “projectile weapon” is a deadly weapon. (4) Amends the Criminal Code, criminal procedure provisions of Title 11, the Beau Biden Gun Violence Prevention Act (§ 1448C of Title 11 of the Delaware Code), the protection from abuse proceedings law (§§ 1041 through 1048 of Title 10 of the Delaware Code), the sexual violence protective order law (Chapter 72 of Title 10 of the Delaware Code), the lethal violence protective order law (Chapter 77 of Title 10 of the Delaware Code), and other provisions in Title 6, Title 10, and Title 24 of the Delaware Code to appropriately distinguish between when a law is intended to just apply to a firearm or to a firearm and a projectile weapon.

Like House Bill No. 286, House Substitute No. 1 for House Bill No. 286 prohibits discrimination in life insurance based on genetic characteristics, genetic information, or the result of any genetic test. House Substitute No. 1 for House Bill No. 286 differs from House Bill No. 286 as follows: 1. Provides a definition of “direct-to-consumer genetic testing”. 2. Allows the use of any genetic information that is in an individual's medical record or application for life insurance. 3. Allows a person engaged in the business of life insurance to request that an individual share genetic information from a direct-to-consumer genetic testing or to request that an individual provide written consent for entity to provide that information. 4. Allows an entity that provides direct-to-consumer genetic testing to share information with a person engaged in the business of life insurance but only with the written consent of the individual. 5. Clarifies that a person engaged in the business of life insurance may not do any of the following: a. Require that an individual take a genetic test. b. Require that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing or provide written consent for the entity to provide that information. c. Take into consideration the refusal by an individual to take a genetic test, provide genetic information received from direct-to-consumer genetic testing, or provide written consent to share information from direct-to-consumer genetic testing. Like HB 286, HS 1 for HB 286 also does all of the following: 1. Makes corresponding corrections to § 2317 of Title 18 by revising the heading for clarity and the definition of "insurance" to conform with the terms and definitions used in Title 18. 2. Is known as "The Ericka Byler Act”.

This Act removes the requirement that Kent County establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This resolution recognizes April 27th as World Trade Center® Delaware Day.

This Act facilitates the interstate and intrastate shipping and delivery of alcoholic liquors. Section 2 of this Act does all of the following: (1) Authorizes the direct shipping of wine, beer, spirits, mead, or cider to consumers in this State if the alcoholic liquor is manufactured by a person licensed as a farm winery, microbrewery, or craft distillery in this State or by a person located in another state that would qualify as a farm winery, microbrewery, or craft distillery under the laws of this State. (2) Requires the direct shipper to be licensed by the Alcoholic Beverage Control Commissioner (“Commissioner”). (3) Establishes a yearly limit on the amount of wine, beer, spirits, mead, or cider that may be shipped directly to a consumer for the consumer’s personal use. (4) Requires the licensed direct shipper to provide notice that an individual who is 21 years of age or older must receive the shipment. Sections 1, 3, and 4 of this Act do all of the following: (1) Authorizes a liquor store, farm winery, brewery-pub, microbrewery, craft distillery, and wine auction (“a seller”) to sell alcoholic liquor for delivery by a delivery service. (2) Authorizes the delivery of alcoholic liquor from a seller in this State to a consumer in this State by a delivery service. (3) Requires a delivery service to be licensed by the Commissioner. (4) Requires a delivery service’s delivery drivers to meet certain requirements. (5) Requires a delivery service to ensure that before transferring possession of a shipment of alcoholic liquor that the delivery service’s delivery drivers verify the identity of the recipient of the shipment and that the recipient is at least 21 years of age. Section 5 of this Act adopts the Uniform Alcohol Direct-Shipping Compliance Act, which was approved by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Alcohol Direct-Shipping Compliance Act (“the Uniform Act”) enhances each state’s capability to detect and stop unlawful direct to consumer shipments of alcoholic beverages to the state’s residents. The Uniform Act incorporates the state’s existing law as to the industry participants and types of alcoholic beverages for which direct to consumer shipping is allowed and does not create any new or additional authorization to ship alcoholic beverages directly to a consumer. The Uniform Act provides state regulators with new tools to distinguish between direct to consumer shipments that originate from shippers licensed under the state’s existing law and direct to consumer shipments that do not, and aids state regulators in enforcing their existing laws governing direct to consumer shipments of any type of alcoholic beverage. The Uniform Act requires fulfillment providers, a person acting on behalf of a licensed direct shipper to ship wine, beer, spirits, mead, or cider to a consumer and arranges for transport of the wine, beer, spirits, mead, or cider by a carrier to the consumer, to be registered with the Commissioner and regulates fulfillment providers. Section 6 of this Act does all of the following: (1) Authorizes a carrier to transport wine, beer, spirits, mead, or cider from a licensed direct shipper or a registered fulfillment provider to a resident of this State. (2) Requires a carrier to be licensed by the Commissioner. (3) Requires a carrier to ensure that before transferring possession of a shipment of wine, beer, spirits, mead, or cider that the individual delivering the shipment for the carrier has verified the identity of the recipient of the shipment and that the recipient is at least 21 years of age. Sections 7 through 9 of this Act makes conforming amendments to Title 4 of the Delaware Code to permit the activities authorized by Sections 1 through 6 of this Act. 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 § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.

This Act creates the Joint Committee on Oversight of Agency Regulations (“Committee”) to engage in review and oversight of regulations adopted by State agencies. Like laws in states such as Colorado and Utah, this Act does all of the following: (1) Requires that all regulations adopted by an agency between each November 1 and October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (2) Establishes criteria for the Committee’s review of State agency regulations. (3) Establishes a process for the Committee’s review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly. (4) If the Committee recommends a regulation not be allowed to expire, requires the Committee to draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire. (5) The Committee Chair, Vice Chair, and members receive the same additional compensation as the Joint Legislative Oversight and Sunset Committee.

This Act enhances the General Assembly’s oversight of regulations adopted by state agencies by doing all of the following: (1) Making clear that the Registrar of Regulations is required to provide notice of each regulation proposed by a state agency to each member of the appropriate standing committee of each House of the General Assembly and to provide any comments collected from members of the standing committee to the state agency. (2) Making clear that the Chair of a standing committee may also schedule a committee meeting during the regular session of the General Assembly to consider a rule, regulation, or amendment to a rule or regulation that impacts or is within the subject-matter jurisdiction of the committee. (3) Requiring the Chair of a standing committee to hold a committee meeting when a majority of the members of a standing committee of either House of the General Assembly believe in good faith that the rule, regulation, or amendment to a rule or regulation impacts or is within the subject-matter jurisdiction of the committee and the committee should meet to consider the rule, regulation, or amendment to a rule or regulation. (4) Making clear that a standing committee or joint committee may draft legislation to propose action by the General Assembly related to recommendations made by the committee. (5) Making clear that a standing committee or joint committee may request the President Pro Tempore of the Senate or Speaker of the House of Representatives to call from recess of a special session the Senate, the House of Representatives, or the General Assembly, as the case may be. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Concurrent Resolution extends the due date of the findings and recommendations report of the Firearm Definition Task Force from January 5, 2024, to March 8, 2024.

This Act amends the Charter of the Town of Townsend in the following ways: 1. It requires the Town Council to determine rules for Town Meetings after being sworn in at the Town Council reorganization meeting in June of each year. 2. It removes the requirement that a copy of ordinances, codes, rules and regulations be printed for each official of the Town. 3. It allows the Mayor to vote on Town matters, whereas before, the Mayor could only vote in the event of a tie. 4. It clarifies the procedures for disqualification and removal from office for the Mayor and Council members, as well as election procedures and term of office. 5. For a councilperson to be elected mayor, they must have sat as a councilperson for at least twelve consecutive months, although if no such members of the council qualify, the Mayor will be elected from the sitting members. 6. All candidates must successfully pass a background check as provided by the Town. 7. If within 90 days of the swearing in, a newly sworn in Councilperson is disqualified, the candidate with the next highest number of votes shall be appointed to fill the remainder of the term. 8. The Town Manager will now have the ability to authorize and approve reimbursements. 9. It revises the section of the Charter regarding the Police Force. This Act also makes technical changes to the Charter as deemed appropriate.

This Resolution recognizes and commemorates the 50th anniversary of the National Wild Turkey Federation and acknowledges its significant contributions to wildlife management, habitat conservation, and outdoor traditions in the State of Delaware.