Rep. David Bentz

This bill updates the members of the Childhood Lead Poisoning Advisory Committee to include additional stakeholders, and directs the Committee to report to the General Assembly on the effectiveness of the Act, ways to improve the Act, and other measures that should be taken by the State of Delaware to prevent lead poisoning in children.

The bills eliminates the requirement that an institution provide notary services to parents of new born children for the purpose of executing an acknowledgment of paternity. This bill also eliminates the requirement that an acknowledgment of paternity be notarized and that it only be witnessed by someone who is not a parent or relative of either parent.

This Substitute Act takes the place of Senate Bill No. 68 (150th General Assembly) and removes the voluntary certificate of possession process. In all other respects this Act is similar to Senate Bill No. 68. Specifically, 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 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.

This Act replaces Senate Bill No. 69 (150th General Assembly) and does the following: (1) Creates an application process to obtain a handgun qualified purchaser card, to authorize the purchase of a handgun, or a firearms qualified purchaser card, to authorize the purchase of firearms other than a handgun. Like Senate Bill No. 69, this Act then requires licensed importers, manufacturers, or dealers, as well as unlicensed persons, to require an individual to present the individual's handgun qualified purchaser card or firearms qualified purchaser card before selling or transferring a firearm to an individual. (2) Requires that an applicant complete a firearms training course within 2 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (3) Sends to law-enforcement information that is already collected at the time of sale and required under federal law to be made available to law-enforcement. This change assists law-enforcement in the criminal investigations they already conduct. This Act differs from Senate Bill No. 69 in the following ways: (1) It makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records of sales and transfers of firearms for their use during criminal investigations or prosecutions. (2) It exempts individuals licensed to carry a concealed deadly weapon from the requirements under this Act to complete a firearms training course. Individuals licensed to carry a concealed deadly weapon must already complete a firearms training course to be licensed. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This House Concurrent Resolution establishes an Interagency Pharmaceuticals Purchasing Study Group ("Study Group") to coordinate the existing efforts to leverage bulk purchasing to negotiate lower prices and make recommendations to maximize the opportunities to coordinate State-funded pharmaceutical purchases.

This concurrent resolution establishes the Non-Acute Patient Medical Guardianship Task Force to study and make findings and recommendations regarding the needs and options of non-acute hospital patients in need of medical guardianship services. A recent study concluding in 2017 found that hospital patients who did not have acute medical needs were often abandoned in hospitals. These patients often lack financial means to pay for a guardian to make medical decisions. The Office of Public Guardian does not have sufficient resources to intervene to make timely medical decisions for such non-acute patients. In addition to harming these non-acute patients with prolonged hospital stays, patients with acute medical needs are not timely and adequately served because hospital beds are occupied by such non-acute patients. This concurrent resolution establishes a task force to study and make recommendations on these issues.

This bill makes minor changes and technical corrections to the Public Service Commission’s (“PSC”) authority regarding motor vehicle assessments, cable and telephone regulation, and electric supplier reporting. PSC authority over cable and telephone public utilities has been changed by recent decisions by the Federal Communications Commission (“FCC”) and legislation enacted in Delaware. This bill changes statutory requirements for PSC regulated cable and telephone public utilities to remove requirements that are no longer consistent with FCC decisions. This bill also reduces regulatory burden on motor vehicle dealers and electric suppliers by removing unnecessary administrative requirements and reporting.

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.

This Act creates the Delaware Large Capacity Magazine Prohibition Act of 2019. The Act includes clear definitions for the term “large-capacity magazine,” as an ammunition feeding device with a capacity to accept more than 15 rounds of ammunition. After enactment, possession of large-capacity magazine will be a class B misdemeanor for a first offense and a class E felony for any subsequent offense. Those who possess a prohibited large-capacity magazine when this Act takes effect must, by June 30, 2020, relinquish the large-capacity magazine to a law-enforcement agency in this State. This Act establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security.