LEGISLATION

On a regular basis, we'll be reviewing legislation from the General Assembly that either beneficially or adversely impacts Delawareans.  Democrats control both chambers of the General Assembly and are posed to push their social justice agenda, along with increased taxes and increased spending. Legislative Hall - 302-744-4114 - Click for Website 

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STATE LEGISLATION 

SUPPORT

House Bill 41-HA 1 creates the Delaware Digital Right to Repair Act. According to the synopsis, “when an electronic product such as a phone or electronic game breaks, it is only allowed to be repaired by the manufacturer. Parts are not available whether you are a consumer or a local repair shop. This Act requires the manufacturer to make parts, documentation, tools, and updates available on fair and reasonable terms.” The primary sponsor is Rep. Briggs King (R. 37th); additional sponsor is Sen. Pettyjohn (R. 19th). Co-Sponsors are Senators Wilson (R.18th); Lawson (R. 15th); Huxtable (D. 6th); Pinkney (D. 13th); and Sokola (D. 8th) and Reps. Collins (R. 41st); Chukwuocha (D. 1st); (Gray R. 38th); Morrison (D. 27th) and Osienski (D. 24th)

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House Bill 123 requires that "the Department of Natural Resources and Environmental Control [DNREC] to obtain the consent of the General Assembly before promulgating any regulations restricting the sale of fuel-powered cars, trucks, and SUVs in Delaware. This Act does not change the emission standards fuel-powered vehicles must currently meet. The provisions of this bill would be retroactive to March 1, 2023."

The Primary Sponsor is Rep. Ramone (R. 21st) with additional sponsor Sen. Hocker (R. 20th). Co-sponsors are Sens. Buckson (R. 16th), Lawson (R. 15th), Pettyjohn (R. 19th), Richardson (R. 21st), Wilson (R. 18th) and Reps. Briggs-King (R. 37th), Collins (R. 41st), Dukes (R. 40th), Gray, (R. 38th), Hensley, (R. 9th), Morris (R. 30th), Postles (R. 33rd), D. Short (R. 39th), Shupe (R. 36th), Michael Smith (R. 22nd), Spiegleman (R. 11th), Vanderwende (R. 35th), and Yearick (R. 34th). 

HB 123 passed the House on June 30th by a vote of 21 yes, 20 no and one absent. The bill will move to the Senate in the next Session. 

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House Bill 50 would increase the penalties for Mail Theft.  According to the Synopsis, “This Act creates a separate offense for the theft of mail, including packages, from a residential dwelling. A first offense of mail theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of mail theft, within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of mail theft is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of mail theft within the previous 5 years is a class F felony, regardless of the value of the property stolen. Where the value of the property is more than $50,000 but less than $100,000, mail theft is a class D felony. Where the value of the property is $100,000 or more, mail theft is a class B felony. Upon conviction, monetary restitution is required and a sentencing judge shall consider the imposition of community service."

The primary sponsor is Rep. K. Williams (D. 19th), additional sponsor is Sen. Walsh (D. 9th) and co-sponsors Sens. Hocker (R. 20th); (Pettyjohn (R. 19th); Richardson (R. 21st); Sokola (D. 8th); and Wilson (R. 18th); and Reps. Bolden (D. 2nd), Bush (D. 29th), Cooke (D. 16th), K. Johnson (D. 5th), Matthews (D. 10th), Osienski (D. 24th), Ramone (R. 21st), D. Short (R. 39th), Shupe (R. 36th), Michael Smith (R. 22nd).

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OPPOSE - These are bills from the 152nd General Assembly, and from the previous 151st General Assembly. 

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Senate Bill 180 - Voting Rights for Felons. The following list paraphrases some of the changes that the dems want to make to the Delaware Constitution. The Act does the following:

(1) Prevents the General Assembly from denying the right to vote as a punishment for a crime.

(2) Removes the list of felonies resulting in permanent disenfranchisement.

(3) Prohibits requiring a criminal, who is convicted of a felony, from making any kind of monetary restitution before being allowed to vote.

(4) Makes a conforming change based on proposed changes in Section 2 of this Act.

(5) Updates the age at which a resident of this State is granted a right to vote to be 18 years or older.

(6) Removes the durational residency requirements necessary to qualify to vote in this State. A voter will still be required to be a resident at the time the voter registers.

Felonies are serious crimes, such as arson, armed robbery, murder, rape, statutory rape, receiving stolen goods, and carjacking. 

Forty-eight States severely restrict or permanently deny convicted felons from voting, based on the severity of the crime.  What Senator K.E.G. and the dems are doing is an aberration and completely unfair to the victims of serious crimes.  

The Primary Sponsor is Senator Gay (D. 5th). Additional sponsors are Sens. Pinkney (D. 13th), Sokola (D. 8th), Townsend (D. 11th), Lockman (D. 3rd), Hoffner (D. 14th), and

Sturgeon (D. 4th) and Reps. Harris (D. 32nd), Chukwuocha (D. 1st), Longhurst (D. 15th), Minor-Brown (D. 17th)Baumbach (D. 23rd), Bolden (D. 2nd)Dorsey-Walker (D. 23rd), Griffith (D. 12th), Lambert (D. 7th), Morrison (D. 27th), Neal (D. 13th), Parker-Selby (D. 20th), Phillips (D. 18th), Romer (D. 25th), and Wilson-Anton (D. 26th). A co-sponsor is Sen. Paradee (D. 17th).

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Senate Bill 305 is known as the Delaware Climate Change Solutions Act, and is the result of the Delaware’s Climate Action Plan in 2021.  This bill establishes a statutory requirement of greenhouse gas emissions reductions over the medium and long term. SB 305 failed to clear committee at the end of this term, but sponsors promise to return with "stronger legislation next year."  See Newsletter Highlights for additional information.

The primary sponsor is Sen Hansen, (D. 10th); additional sponsors are Reps. Heffernan (D. 6th), Dorsey Walker (D. 3rdh) and S. Moore, (D. 8th); and co-sponsors are Sens Gay (D. 5th), S. McBride (D.1st), Sokola (D. 8th), Sturgeon (D. 4th), Townsend (D. 11th) and Reps. Baumbach (D. 23rd), Chuwuocha (D. 1st), Cooke (D. 16th), Griffith (D. 12th), Lambert (D. 7th), Longhurst (D. 15th), Lynn, (D. 31st),  Matthews (D. 10th), Minor-Brown (D. 17th), Mitchell (D. 13th), Morrison (D. 27th), Osienski, (D. 24th) K. Williams (D. 19th), Wilson-Anton (D. 26th).

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House Bill 460 seeks to create a Delaware Constitutional "right to privacy" intended to undermine religious liberty, parental rights, and the dignity of human life.  The Synopsis states, "The General Assembly proposes the enactment of this constitutional amendment creating a right of individual privacy to secure for Delawareans the rights the U.S. Supreme Court has previously found emanate from the federal constitution in the face of concerns regarding the continued effect of these U.S. Supreme Court precedents. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution." But make no mistake - this bill is pernicious!  This bill can be stopped as it needs a 2/3s vote, which the dems do not have.

The primary sponsor is Rep. Lynn (D. 31st); Additional sponsors are Sen. Sturgeon (D. 4th) and Reps. Longhurst (D. 15th) and Griffith (D. 12th). Co-sponsors are Reps. Baumbach (D. 23rd), and Heffernan (D. 6th).   

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Senate Bill 155 seeks to limit Freedom of Information Act Requests. The opening statements of the Synopsis state, “This Act revises…how public bodies may respond to FOIA requests that are  unreasonable, disruptive, or abusive; (emphasis  added)…It amends the examination and copying of public records provisions of FOIA to alleviate the significant time, resources, and financial burdens imposed on public bodies by FOIA requests that are unreasonable, disruptive, or abusive. This Act allows a public body to deny a request from a requestor whose intent is to disrupt the essential functions of the public body or abuse the process and allows a public body to charge administrative fees for all reviews, including the review and redaction of information exempt from FOIA….”

Sen. Kyle Evans Gay (D. 5th) is the primary sponsor; joined by Rep. Griffith (D. 12th) and co-sponsors, Sen. Sokola (D. 8th), and Townsend (D. 11th).  

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House Bill 74 – Breaking the Seal of the Catholic Confession. Regardless of whether one is a Roman Catholic or not, this is a chilling piece of legislation. The very idea that a bill can be proposed to attack the canonical obligations of priests is nothing less than shocking! Secular affirmation of this dictate was first recognized in People v. Philips, N.Y. Gen. Sess. 1813 (unpublished). In Phillips, the New York court held that free exercise of religion provisions would not force a Catholic priest to testify as to a confession made to him regarding a theft to do so would infringe upon the priest’s right to freely practice his religion.

The primary sponsor is Rep. Morrison (D. 27th). Additional sponsors are Sen. Poore (D. 12th) and Rep. Minor-Brown (D. 17th). Co-Sponsors are Sens. Gay (D. 5th), Hoffner (D. 14th), S. McBride (D. 1st), Sokola (D. 8th) and Reps. Baumbach (D. 23rd), K. Johnson (D. 5th), Phillips (D. 18th), and Romer (D. 25th).