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 Substitution 1 for House Bill 149 is a bill to prevent “bracket creep.” This bill would adjust state personal income tax brackets annually to account for cost-of-living increases. So that pay increases, due to inflation, would not push Delawareans into a higher income bracket where they would be taxed as a higher rate, known as “bracket creep.” The bill is intended to recalculate personal income tax brackets annually based on the change in the Consumer Price Index (measures the overall change in consumer prices based on a representative basket of goods and services) for the last fiscal year. This would allow Delawareans to keep over $30 million of their own money.  The primary sponsor is Collins (R. 41st). Additional sponsors are Sen. Hocker (R. 20th) and Richardson (R. 21st). Co-sponsors are Sen. Lawson (R. 15th), Wilson (R. 18th) and Reps. Hilovsky (R. 4th), Ramone (R. 21st), Shupe (R. 36th), Michael Smith (R. 22nd), and Yearick (R. 34th).

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House Bill 296 would allow school districts and charter school officials to decide if they want to pay the “prevailing wage” rates for school construction projects. According to the House Republican Caucus news release, “the prevailing wage is the state-mandated minimum wage paid to workers employed on any project where state funds are used. The Delaware Department of Labor sets the rates annually based on a survey of employers. The rates vary by occupation, type of project, and the country where the work is performed. Prevailing wage rates must be paid on new construction projects that cost more than $500,000 and on repair and renovation projects exceeding $45,000.”   The news release further states that, according to the Federal Bureau of Labor Statistics for December 2022 the hourly rates for the following occupations are:

• Carpenters $36.71

• Construction laborers $28.15

• Electricians $45.60

• Plumbers and pipefitters $46.38.

 

Delaware’s hourly prevailing wage rates (2023) for the same occupations working on state projects are:

• Carpenters $47.80 to $59.58 (varies by county)

• Construction laborers $53.65

• Electricians $79.19

• Plumbers and pipefitters $68.46 to $77.38 (varies by county).

 

The bill’s synopsis explains that HB 296 is a “response to rising school construction costs. Between Fiscal Year 2023 and Fiscal Year 2024 school districts and charter schools stated they experienced $260,163,873 in market pressure inflation and asked the State to support a share of that, specifically $175,331,704.” The primary sponsor is Rep. Shupe (R. 36th) who said, “we can do something about forcing our school districts to use a defective system that needlessly wastes taxpayer money.” An additional sponsor is Sen. Buckson (R. 16th). Co-sponsors are Sens. Hocker (R. 20th), Lawson (R. 15th), Wilson (R. 18th) and Reps. Hilovsky (R. 4th), Morris (R. 30th), and Yearick (R. 34th).  

 

House Bill 233 – Reduced Personal Income Tax. This Act raises the minimum taxable income from $2,000 to $2,500.  The bill also collapses the current six income tax brackets into three

income brackets, each with a slightly reduced tax rate for taxpayers at every income level.  

The primary sponsor is Ramone (R. 21st). An additional sponsor is Sen. Hocker (R. 20th). Co-sponsors are Sen. Wilson (R. 18th) and Reps. Collins (R. 41st), and Michael Smith (R. 22nd). Unfortunately, it was not voted out of committee.

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                      Current                Current        Proposed              Proposed
                      Taxable Income   Rate            Taxable Income     Rate
 

                      $2,001-$5,000       2.2%            $2,002-$10,000      2.0%
                      $5,001-$10,000     3.9%            $10,001-$25,000    4.0%
                      $10,001-$20,000   4.8%            Over $25,000         5.0%
                      $20,001-$25,000   5.2%          
                      $25,001-$60,000   5.55%          
                      Over $60,000         6.6%          

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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 was 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 3 – Constitutional Amendment to Eliminate Limitations on Absentee Ballots. This Amendment allows for no-excuse absentee voting and authorizes the General Assembly to enact general laws providing the circumstances, rules and procedures for absentee voting in the State – who knows what the democrats could do with this power.  There is a good reason to limit absentee ballots. As we saw from the 2020 election and now the 2022 election, there were numerous issues with them. Since Delaware does not audit absentee ballots, we have no idea what problems are occurring, except that 25% in 2020 and 34.30% in 2022 of them had to be adjudicated, which is highly irregular.

The primary sponsor is Brown (D. 2nd). Additional sponsors are Sens. Hansen (D. 10th), Sturgeon (D. 4th) and Reps. S. Moore (D. 8th) Baumbach (D. 23rd), and Dorsey-Walker (D. 3rd). The co-sponsors are Sens. Gay (D. 5th), Hoffner (D. 14th), Lockman (D. 3rd), Mantzavinos (D. 7th), Paradee (D. 17th), Pinkney (D. 13th), Sokola (D. 8th), Townsend (D. 11th), and Reps. Bolden (D. 2nd), Heffernan, (D. 6th), Morrison (D. 27th) Romer (D. 25th), and K. Williams, (D. 19th). Defeated in the House: 25 YES 10 NO 6 NOT VOTING

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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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​House Bill 230 – Medical Experimentation, Sterilization, and Mutilation of Children Act. This is a horrific bill. It will cause long-term physical, emotional and psychological damage to children and teenagers. It blatantly erodes parental rights by allowing Delaware to take custody of a child, whose parents will not authorize a sex-change for their child, protects medical “professionals” from the consequences of their experimentation on children and makes Delaware a destination for mutilation.

The primary sponsor is DeShanna Neal (D. 13th), who claims to be the first non-binary elected official. Additional sponsors are Sens. Gay (D. 5th), S. McBride (D. 1st) and Reps. Morrison (D. 27th), Heffernan (D. 6th). Co-sponsor is Rep. Baumbach (D. 23rd). Stricken in House, but has returned in another form as HB 346.

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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 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).