Sen. Harris B. McDowell

This Act facilitates electric vehicle and grid-integrated electric vehicle interconnection by including the Society of Automotive Engineers industrial safety standard, J3072, which sets safety requirements for electric vehicles that provide power from their batteries back to the electric grid. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Delaware's statewide community college system, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development, vocational training, and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. Any promissory notes or bonds must be approved separately prior to issuance by the General Assembly in a bond and capital improvement act. This Act is a substitute for and differs from Senate Bill No. 50 by deleting the property tax component and instead provides that it is the intent of the General Assembly to appropriate at least $10 million for deferred maintenance for the next 5 years to be deposited to the Fund together with such other funds as may be deposited by the College from sources including, but not limited to, tuition and fees, private funds, non-state grants and federal support. This Act also provides a mechanism, but not an obligation, for the state to provide matching funds for minor capital improvement projects consistent with existing matching provisions for public education. This Act also makes technical corrections.

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 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 Resolution recognizes April 2019 as "Parkinson's Disease Awareness Month" in the State of Delaware.

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 bill increases affordable housing and was created to financially assist renters struggling with low income and renters that are elderly, that are not receiving other subsidized housing benefits. If the portion of rent attributable to the assumed property taxes exceeds a fixed amount in relation to income, the renter can, under specified conditions, receive a credit of as much as $250.

This Concurrent Resolution recognizes the contributions made by the Henrietta Johnson Medical Center and the LaRed Health Center to the quality of life and system of healthcare in Delaware.

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.

This Act 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. 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. In addition, similar to Delaware's concealed carry permit law, this Act requires an applicant to have completed a firearms training course within 2 years before the date of application. Finally, this Act 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 will aid law-enforcement in criminal investigations they already conduct.