Delaware Bills

in committee · Delaware · House Mar 12, 2020

HB 312: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SUSPENSION OF VEHICLE DEALERSHIP OWNERS DEALERSHIP LICENSE.

This legislation closes several loopholes that dealers have been using to get around suspended or revoked dealership licenses. Currently the Division of Motor Vehicles will suspend or revoke a dealer license, and the dealer will get a family member or friend to apply for a dealership license and employ the suspended dealer at the dealership in a managerial, financial, or sales capacity thereby negating the suspension or revocation. This legislation closes that loophole by preventing a dealer who has had their license suspended, revoked, or renewal refused from being employed at Delaware licensed dealerships for periods of time commensurate with their revocation or suspension. Additionally, to prevent a further loophole wherein the dealer would simply turn in their dealer license upon receiving notice by the Division that their license will be revoked, suspended, or renewal refused, if the licensee chooses not to defend themselves they would be prohibited for the same time periods as if their license had been suspended, revoked, or renewal refused and be unable to do any of the qualifying employment for that period of suspension. This bill also extends the period of time of prohibited employment if the dealer does not turn in division documents and plates in its possession at the time of suspension or revocation. This bill does not seek to bar individuals from employment in other auto industry sectors such as auto repairs so long as they do not work at those dealerships in any of the prohibited positions.

in committee · Delaware · House Mar 12, 2020

HB 302: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE GUN SHOP PROJECT.

In 2009, New Hampshire was the first state to develop a statewide “Gun Shop Project,” reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project’s primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for licensed deadly weapons dealers and consumers in Delaware The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Gun Shop Project’s annual report in the Coalition’s annual report. The Division of Substance Abuse and Mental Health, which staffs the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Mar 12, 2020

HB 314: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOL EMPLOYEE SALARIES.

This bill requires that any general salary increase or one-time adjustments payable to public school employees likewise be payable to charter school employees. The bill also makes section 504A, Title 14 of the Delaware Code consistent with the Legislative Drafting Manual.

in committee · Delaware · House Mar 12, 2020

HB 315: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX CREDITS.

This Act creates a tax credit applicable to personal income taxes in an amount equal to incurred motor vehicle document fees for certain lower income, working poor, individuals. This tax credit is designed to assist the working poor in obtaining a new or used motor vehicle. Section 2 of this Act makes the change effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue's modernized Integrated Revenue Administration System, which is currently under development.

in committee · Delaware · House Mar 12, 2020

HB 299: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE EGREGIOUS CRIMES ACCOUNTABILITY ACT.

This act will be known as the Egregious Crimes Accountability Act. This Act revises Delaware's death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State Supreme Court's holding in Hall v. Florida, interpreting standards set forth in Atkins v. Virginia. This Act adopts the term "intellectual disability" used by the United State Supreme Court. This Act recognizes developing trends in death penalty jurisprudence and the American Bar Association's Resolution 122A (2006), of August 8, 2006, by prohibiting the imposition of the death penalty upon a person who has been found "guilty, but mentally ill", as defined by Title 11 § 401. This Act also limits the statutory aggravating circumstances to four aggravating circumstances: 1. Mass Murder: The defendant’s course of conduct resulted in the deaths of 3 or more persons where the deaths occurred in a place of public use and the deaths are the probable consequence of the defendant’s conduct. The threshold number of 3 deaths is consistent with the federal definition. 28 U.S.C. § 530C. 2. Repeat Offender: The defendant was previously convicted of another murder. 3. Horribly Inhumane: The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, use of an explosive device, weapon of mass destruction, or poison or the defendant used such means on the victim prior to murdering the victim. 4. Hate Crimes: The murder was committed for the purpose of committing a hate crime. Hate crime is defined in Title 11, § 1304.

in committee · Delaware · House Mar 12, 2020

HB 320: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE CONCERNING PAYMENTS BY CONSUMERS.

This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.

in committee · Delaware · Senate Mar 10, 2020

SB 220: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO DISCRIMINATION AGAINST CASH PAYMENTS BY CONSUMERS.

This Act prohibits a seller from refusing to accept cash from a consumer making an in-person purchase of a good or service.

in committee · Delaware · Senate Feb 28, 2020

SB 215: AN ACT TO AMEND THE DELAWARE CODE RELATING TO CRIMINAL VIOLENCE RISK ASSESSMENT.

On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.

in committee · Delaware · Senate Feb 12, 2020

SCR 72: REQUESTING THE UNITED STATES CONGRESS PROPOSE AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT TO MAKE CLEAR THAT CONGRESS AND THE STATES HAVE THE POWER AND AUTHORITY TO REGULATE AND LIMIT THE AMOUNTS OF MONEY COLLECTED AND SPENT IN ELECTIONS AND FOR REFERENDUMS AND BALLOT MEASURES.

This Senate Concurrent Resolution requests the United States Congress propose and send to the states for ratification a constitutional amendment to make clear that Congress and the states have the power and authority to regulate and limit the amounts of money collected and spent in elections and for referendums and ballot measures.

in committee · Delaware · House Jan 30, 2020

HB 292: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ARREST FOR VIOLATION - LIQUIFIED PETROLEUM GAS CONTAINER.

This amendment repeals Title 16 § 7204 in its entirety. This particular section prescribes a practice that is typically unused and handled through a traditional warrant process by charging a previous section of this chapter brought by a law enforcement officer. Additionally, the act of recovering a container possessed by someone other than the owner is more appropriately handled through the civil replevin process.

in committee · Delaware · House Jan 30, 2020

HB 296: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S REMEDIES RELATING TO THE RENTAL UNIT.

This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs.

in committee · Delaware · House Jan 30, 2020

HB 289: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE CLARIFYING THAT A TRAINING WAGE IS ONLY DURING THE FIRST 90 DAYS AFTER INITIAL EMPLOYMENT.

This bill clarifies when an employer may pay a training wage in lieu of the minimum wage. A training wage is only during the first 90 days after the employee is initially hired by the employer. This bill defines that as the first time an employee is trained for the duties of a position or a substantially similar position.

Bill results