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2018 Delaware legislative session
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| 2018 legislative sessions coverage |
|---|
| Delaware General Assembly | |
 | |
| General information | |
| Type: | State legislature |
| Term limits: | None |
| Session start: | January 9, 2018 |
| Session end: | June 30, 2018 |
| Website: | Official Legislature Page |
| Leadership | |
| Senate President: | Bethany Hall-Long (D) |
| House Speaker: | Peter Schwartzkopf (D) |
| Majority Leader: | Senate: Margaret Rose Henry (D) House: Valerie Longhurst (D) |
| Minority Leader: | Senate: Gary Simpson (R) House: Daniel Short (R) |
| Structure | |
| Members: | 21 (Senate), 41 (House) |
| Length of term: | 4 years (Senate), 2 years (House) |
| Authority: | Art II, Section 1, Delaware Constitution |
| Salary: | $44,541/year |
| Elections | |
| Redistricting: | Delaware Legislature has control |
This page provides an overview of the 2018 Delaware General Assembly and its general and special sessions. The timelines below contain noteworthy events from the sessions curated by Ballotpedia throughout the year.
If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.
Overview
In 2018, the Delaware General Assembly was in session from January 9, 2018, through June 30, 2018.
Partisan control
Delaware was one of eight Democratic state government trifectas in 2018. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about state government trifectas and divided governments, click here.
The following tables show the partisan breakdown of the Delaware General Assembly in the 2018 legislative session.
Senate
| Party | As of July 2018 | |
|---|---|---|
| Democratic Party | 11 | |
| Republican Party | 10 | |
| Vacancies | 0 | |
| Total | 21 | |
House
| Party | As of July 2018 | |
|---|---|---|
| Democratic Party | 25 | |
| Republican Party | 16 | |
| Vacancies | 0 | |
| Total | 41 | |
Leadership in 2018
Senate
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House
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Regular session
Status of legislation at the end of the regular session
This table details the status of legislation covered on this page at the end of the regular session.
| Status of legislation at the end of the 2018 regular session | |||
|---|---|---|---|
| Legislation | Subject area | Actions during the regular session | Status at the end of the regular session |
| HB 330 | Raise minimum age to purchase firearms | Passed House | Did not see further action |
| HB 302 | Enact extreme risk protection orders | Passed House Passed Senate |
Governor signed |
| HB 300 | Ban bump stocks | Passed House Passed Senate |
Governor signed |
| HB 337 | Ban child marriage | Passed legislature | Governor signed |
| HB 399 | Equal rights amendment | Passed Senate Passed House |
Approved in two consecutive legislative sessions[1] |
| HB 222 | Enact extreme risk protection orders | Passed House Passed Senate |
Governor signed |
| SB 235 | Budget | Passed legislature | Governor signed |
March 20, 2018
State House approves bill raising age to buy guns
The Delaware House of Representatives approved a bill to raise the minimum age to purchase firearms from 18 to 21. At the time of the bill's passage, the minimum age to buy a handgun was already 21. The bill would apply to other types of firearms, with some exceptions. It would allow 18-year-olds to purchase shotguns and would also exempt 18-year-olds who are members of the Armed Forces or law enforcement or who have a concealed carry permits. House Speaker and bill sponsor Rep. Peter Schwartzkopf (D) said one of the goals of the legislation was to prevent a school shooting like the one in Parkland, Florida on February 14.[2] Read more here.
March 27, 2018
Delaware House passes legislation related to risk protection orders
The Delaware House of Representatives advanced House Bill 302 by a vote of 32 to 0 with two lawmakers absent. According to the Delaware General Assembly website, HB 302 "is designed to create procedures in Delaware for making sure firearms are not in the hands of dangerous individuals while protecting due process and not creating a barrier to care for those suffering from mental illness."[3] The bill would allow law enforcement officers to seize firearms from individuals deemed by a mental health worker and by a court to be a danger to themselves or others. It would also expand the list of individuals prohibited from owning a firearm to include those charged with a violent crime but found not guilty by reason of insanity, guilty but mentally ill, or ruled mentally incompetent to stand trial.[4]
Bill sponsor Rep. David Bentz (D) said the legislation was meant to prevent incidents such as the February 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that resulted in 17 fatalities.[4]
HB 302 is similar to legislation proposed by the late Delaware Attorney General Beau Biden in 2013 which passed the House by a 40-1 vote but failed in the state Senate.[4]
Several other states voted on similar measures this year including but not limited to Florida, Maryland, New York, and Vermont.
The National Rifle Association released an ad on March 12 in which Executive Director Chris Cox encouraged Congress to provide funding so that states could enact risk protection orders. Cox called for the laws to "have strong due process protections and require that the person get treatment."[5] Read more here.
- Update: The state Senate approved the legislation on April 24, 2018, and Gov. John Carney Jr. (D) signed it on April 30, 2018.
- See also: Extreme risk protection orders in state legislatures
April 30, 2018
Gov. Carney signs extreme risk protection order bill
Democratic Gov. John Carney signed HB 302. It passed unanimously in both chambers on March 27, 2018 (state House) and April 24, 2018 (state Senate).
May 1, 2018
Bump stock ban advances to state Senate
The Delaware House of Representatives voted 37-4 to approve a second version of House Bill 300, which would ban bump stocks and similar devices. The original version would have prohibited buying, selling, or possessing the devices. Violations would be a felony, punishable by up to five years in prison. The second version changed the penalty for bump stock possession to a misdemeanor, punishable by up to one year in jail and a $2,300 fine. Sale, transfer, or purchase of bump stocks would remain a felony. The bill also included a provision in which the state could pay bump-stock owners up to $100 for bump stocks and up to $15 for trigger cranks through June 30, 2019, or until a $15,000 allocation ran out. Gov. John Carney (D) expressed support for the measure.[6]
Bump stocks were banned in Massachusetts, California, Vermont, New Jersey, Washington, and Florida at the time of the bill's passage, and legislation to ban bump stocks was under consideration in other states including Hawaii, Illinois, Maryland, Vermont, and Connecticut.[7] Read more here.
- Update: The Delaware State Senate approved an amended version of HB 300 on June 5, 2018. The House agreed to the amendments and the governor signed it on June 14, 2018.
May 9, 2018
Delaware becomes first state in nation to ban child marriage
Delaware became the first state in the nation to ban child marriage when Democratic Gov. John Carney signed a child marriage ban into law. The legislation prohibits anyone under the age of 18 from getting married, even if their parents approve. Previous state law allowed anyone to get married with a judge's approval.[8]
June 5, 2018
Bump stock ban gets amended for eighth time
The Delaware State Senate unanimously passed House Bill 300, which would prohibit bump stocks, after approving an amendment that would lower the penalty for a first-time offense of possessing the device. The bill originally made it a felony for first-time offenders to possess, sell, or purchase a bump stock. The Senate's amendment—which would reduce the penalty from up to one year in prison and/or up to $5,000 in fines to 6-9 months in prison and/or up to a $1,000 fine—was the eighth since the bill's introduction.[9][10][11] Read more here.
HB 300 was sent to the House of Representatives, which approved its own version on May 1.
- Update: The House agreed to the amendments and the governor signed HB 300 on June 14, 2018.
June 6, 2018
State Senate approves state Equal Rights Amendment
The Delaware State Senate approved an Equal Rights Amendment for the state constitution. The amendment would prohibit state and local governments from discriminating based on sex. An earlier version of the bill failed in the state Senate due to Republican concerns of unintended consequences. The Senate first approved new language clarifying the bill's intent before voting unanimously in favor of the amendment.
The legislation was sent to the state House for consideration. Should it pass the state House, the amendment would need to be approved by both chambers in the 2019 and 2020 legislative sessions in order to change the state constitution.[12][13][1] Read more here.
- Update: The state House approved the legislation on June 7, 2018.
June 7, 2018
State House passes second extreme risk protection order bill
The Delaware House of Representatives approved a second bill that would authorize family members, in addition to law enforcement and mental health professionals, to petition the court for an extreme risk protection order. The measure was sent to the state Senate for consideration.[14]
- Update: The Senate approved the bill on June 19, 2018, and Gov. John Carney (D) signed it on June 27, 2018.
- See also: Extreme risk protection orders in state legislatures
June 27, 2018
Gov. Carney signs legislation related to extreme risk protection orders
Gov. John Carney (D) signed HB 222 on June 27, 2018. The bill authorizes family members to petition a court for an extreme risk protection order. The bill passed with bipartisan support in the state House on June 7 and the state Senate on June 19.[15]
Budget
2018
The Delaware General Assembly approved a $4.27 budget bill for the 2019 fiscal year on June 26, 2018. The bill passed the state Senate 19-1 and the state House by a unanimous vote. Gov. John Carney (D) signed the bill on June 28, 2018.
The bill contained the $4.25 billion plan proposed by the governor in January as well as $20 million added by lawmakers. Among its provisions, the legislation included a 2-percent pay raise for teachers; a $1,000 flat raise, paid parental leave, and student-loan forgiveness programs for state employees; $6.4 million for special education in grades K-3 and to hire 45 reading specialists in grades K-4; $4.6 million for services for disabled adults; $11.2 million for public school transportation; $2 million to restore a prescription assistance program for disabled and low-income seniors; $1.2 million for the state police to implement a full-time special operations response team; and $850,000 for the Meals on Wheels program.
According to Delaware Online, the budget bill increased state spending by 4 percent over the previous year. Lawmakers anticipated a $340 million increase in existing tax revenue to cover the cost.[16]
Process
- See also: Delaware state budget and finances
Delaware on 
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The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[17]
- In July, the governor sends budget instructions to state agencies.
- In October, agencies submit their budget requests to the governor.
- Budget hearings are held with the public in November.
- On or before February 1, the governor submits his or her proposed budget to the state legislature.
- The legislature must pass a budget with a simple majority by June 30. The fiscal year begins on July 1.
The governor is statutorily required to submit a balanced budget to the legislature. In turn, the legislature must pass a balanced budget, and any budget signed into law by the governor must be balanced.[17]
Delaware is one of 44 states in which the governor has line item veto authority.[17][18]
Delaware maintains two major governmental funds: the General Fund and the Special Fund. Within the Special Fund, there are four category types: Appropriated Special Funds (ASF), Non-appropriated Special Funds (NSF), Federal Funds, and Bond Funds.[19]
See also
| Elections | Delaware State Government | State Legislatures | State Politics |
|---|---|---|---|
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External links
Footnotes
- ↑ 1.0 1.1 Delaware Online, "Delaware ERA bill advances in General Assembly; gun control bill stalls," March 29, 2018
- ↑ Delaware Public Media, "Bill raising age to buy guns clears Delaware House," March 20, 2018
- ↑ Delaware General Assembly, "House Bill 302," accessed March 29, 2018
- ↑ 4.0 4.1 4.2 Delaware Online, "Delaware bill to take guns from the mentally ill passes House," March 27, 2018
- ↑ YouTube, "We Can Prevent Violence and Protect Freedom," March 12, 2018
- ↑ Delaware Online, "Amended bump stock ban passes Delaware House," May 1, 2018
- ↑ The Connecticut Mirror, "Connecticut moves closer to banning bump stocks," May 2, 2018
- ↑ Sun Sentinel, "Delaware becomes first state to fully ban child marriage," May 11, 2018
- ↑ Legal Match, "Classes of Misdemeanors," accessed June 7, 2018
- ↑ Tampa Bay Times, "Bump stock bill gets revised again in Delaware Senate," June 5, 2018
- ↑ Delaware Online, "Bump stock ban gets amended (again), passes Delaware Senate," June 6, 2018
- ↑ Delaware Public Media, "State Senate passes Delaware ERA amendment," June 6, 2018
- ↑ Delaware Online, "Senate passes amended Equal Rights Amendment after alleviating GOP concerns," June 6, 2018
- ↑ WBOC, "Del. House Approves Second 'Red-flag' Gun Measure," June 8, 2018
- ↑ Delaware.gov, "Governor Carney Signs “Red Flag” Legislation," June 27, 2018
- ↑ Delaware Online, "Delaware General Assembly approves $4.27B spending plan," June 26, 2018
- ↑ 17.0 17.1 17.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
- ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
- ↑ State of Delaware Office of Management and Budget, "Budget and Accounting Policy Manual: Chapter 3 - Delaware's Accounting Framework," accessed January 14, 2021
