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DE House of Rep. Newsletter – #665 – MAY 2, 2026

These are the latest articles from the DE House of Representatives:

IN THIS ISSUE

• New Bill Moves Gun Control to Center Stage in the Closing Weeks of the Legislature
• Proposal Provides Tax Benefits for Workers Who Rely on Tip Income
• Regulating Caffeine is the Aim of Two Bills Introduced in the House
• Measure Seeks to Protect First Responders from Harassment, Interference

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New Bill Moves Gun Control to Center Stage in the Closing Weeks of the Legislature

A gun control bill filed in the State Senate this week promises to be a bone of contention as the 153rd Delaware General Assembly speeds toward the conclusion of the session on June 30th.

Senate Bill 300, sponsored by Senate President Pro Tem David Sokola (D-Newark), would require anyone engaging in the sale or transfer of guns, including pawnbrokers and Federal Firearms License holders (FFLs), to obtain a new state firearms dealer license. 

The bill would impose a long list of requirements on dealers, including mandatory training, the installation of video surveillance systems to capture the identities of buyers and sellers, and the maintenance of a book or database containing the names and addresses of buyers, the firearms they purchased, and their serial numbers.

Dealers would be required to make periodic reports on inventory, sales, and transfers to state agencies. They would also be mandated to back up their video and sales data and make it available for inspection by the Delaware State Police. Law enforcement agencies and the courts would be able to access the information to support investigations and prosecutions.

Under the legislation, the State Police would be charged with drafting regulations on the display and storage of guns and ammunition, security and video surveillance system specifications, and criteria for installing any required secure rooms, safes, locking devices, and physical barriers.

The bill also calls for licensing fees to be set on a sliding scale, not only linked to the number of transactions a dealer performs annually, but also so that the fees collectively generate enough revenue to administer the new law.

In a statement sent to members of the Delaware State Sportsmen’s Association (DSSA), group President Jeff Hague said the proposal was an attack on the state constitutional right of all Delawareans to keep and bear arms for lawful purposes. The goal of the bill’s sponsors “is to drive every FFL out of Delaware so that you cannot lawfully purchase a gun and to register every firearm purchase,” he wrote.

Mr. Hague said the bill is intentionally structured to place onerous financial obligations on firearms dealers, mandates that he said could cost some dealers tens of thousands of dollars.

SB 300 is the latest in a trend of legal restrictions on the sale and possession of firearms. In recent years, Delaware’s Democratic lawmakers have passed new laws banning targeted models of semi-automatic firearms, prohibiting the sale or possession of firearm magazines with capacities of more than 17 rounds, raising the legal age to purchase firearms from 18 to 21, and requiring citizens to obtain a state permit to purchase a handgun. All four of those statutes are being challenged in court.

The backers of SB 300 cite a study published in the American Journal of Public Health as partial justification for their sweeping proposal. The analysis, examining 20 years of data, found that state licensing requirements and laws requiring or allowing inspections or audits of firearm dealers were independently associated with significantly lower firearm homicide rates.

However, a study by Delaware’s Criminal Justice Council Statistical Analysis Center (Delaware Shootings 2020 – An Analysis of Incidents, Suspects, and Victims, released in December 2021), revealed that gun violence in the First State is mainly criminal-on-criminal violence. “More than 86% of victims and more than 90% of identified suspects had criminal histories in Delaware,” the report concluded. “Of those with a Delaware arrest history, 80% of victims and 87% of identified suspects had at least one felony arrest. Most victims and identified suspects were juveniles at the time of their first Delaware arrest (81% for each group).”

Senate Bill 300 has been under development for some time. An earlier, similar version of the measure, obtained and publicly shared by the DSSA, was written more than four months ago. 

Sen. Sokola, who will leave office in November, has been a leading proponent of firearms control throughout his tenure in the Senate. Newark-area Democratic State Rep. Mara Gorman is the prime House sponsor of the bill and is a candidate to replace Sokola in the 8th Senate District.

Proposal Provides Tax Benefits for Workers Who Rely on Tip Income

Amid the ongoing debate over whether credit card processing fees should be banned on tips made to service workers, a new bill filed this week proposes tax breaks on tipped income.

Sponsored by State Rep. Jeff Hilovsky (R-Long Neck, Oak Orchard), in photo, House Bill 386, also known as the Tipped Worker Tax Relief Act of 2026, seeks to provide targeted state income tax relief. 

The measure would create a tax deduction of up to $15,000 on tipped income for workers earning between $40,000 and $75,000 annually. The deduction would be phased out for service workers earning between $75,000 and $100,000.

Tipped workers earning under $40,000 a year would receive a refundable tax credit of up to $15,000. As a refundable credit, individuals would receive a refund for the balance remaining after their tax obligations were paid.

The proposal breaks new ground on the taxation of tipped income. The federal One Big Beautiful Bill Act, signed into law last July, included a “no-tax-on-tips” provision, allowing workers to deduct up to $25,000 in qualified tip income from their federal taxable income through 2028. About 10 states have enacted laws mirroring the federal deduction for their income taxes, but none have reportedly offered a tax credit.

The Delaware Tipped Worker Tax Relief Act of 2026 would expire in 2029 unless the legislature renewed it.

House Republicans co-sponsoring the bill include State Reps. Tim Dukes (Laurel), Danny Short (Seaford), Bryan Shupe (Milford South, Ellendale), and Lyndon Yearick (Camden, Woodside). The measure is pending action in the House Revenue & Finance Committee. 

The introduction of the bill comes as the future of House Bill 315 is in doubt. That legislation, which is currently eligible for consideration in the House, would prohibit credit card companies from charging processing fees on tips. 

Restaurant owners support the bill, noting that they currently pay processing fees on tips, which is money they do not receive as revenue. Under Delaware law, restaurants cannot deduct transaction fees from their workers’ tips.

The banking and credit card industries oppose the measure, saying not only would it require them to provide a service for free, but also that implementing it would require systemic changes to credit transaction networks and could disrupt patrons’ ability to tip with credit cards.

Illinois is the only state to have enacted such a law, and a legal challenge to the statute’s constitutionality is pending before a federal appeals court.

Regulating Caffeine is the Aim of Two Bills Introduced in the House

Two bills filed in the State House of Representatives this week would impose new restrictions and requirements on energy drinks and other caffeinated beverages. 

Both pieces of legislation are sponsored by State Rep. DeShanna Neal (D-Wilmington).

The first, House Bill 396, seeks to require certain beverage retailers to place warning symbols on their menus next to specific beverages with “high-caffeine” content, defined in the proposal as exceeding 100 mg per serving.

For comparison, a 12-ounce (oz) cup of brewed coffee may contain 113 to 247 milligrams (mg) of caffeine.

The legislation is unusually specific in its mandate. Only “retail food establishments with at least 20 locations globally” would be covered by the law, and only “hand-crafted beverages”—those requiring a barista, bartender, or server to create—would be impacted.

Bars and alcoholic beverages are exempt from the proposal, as would be “traditional coffee and tea beverages.”

The second bill, House Bill 394, is more ambitious in scope, proposing to prohibit retailers from selling energy drinks or caffeinated dietary supplements to anyone under 18.

“Energy drinks” are described in the measure as beverages that contain at least 100 milligrams of caffeine per 8 ounces, are advertised as specifically designed to provide energy, and generally contain certain vitamins and herbal ingredients.

The bill’s supporters note that the American Academy of Pediatrics recommends that children under 12 avoid caffeine entirely and that adolescents should consume no more than 100 milligrams per day.

Other observers, while agreeing that caffeine supplements, especially powdered caffeine, can be hazardous, question the logic and potential effectiveness of regulating energy drinks.

They note that caffeine sources, including coffees and black teas, are ubiquitous. Many soft drinks, like Mountain Dew (36 mg of caffeine per 8 oz. serving), contain significant amounts of caffeine. A 4.5-ounce serving of dark chocolate exceeds the 100 mg caffeine threshold cited in HB 394 & HB 396.

At present, no U.S. state bans the sale of energy drinks to minors, though bills to impose such restrictions have been introduced in several states, including New York, Massachusetts, Connecticut, and Indiana.

Both bills charge the Division of Public Health with regulating the proposed mandates and issuing fines for violations. The measures are pending action in the House Health & Human Development Committee.

Measure Seeks to Protect First Responders from Harassment, Interference

Sen. Eric Buckson (R–South Dover) and House Republican Leader Tim Dukes (R–Laurel) are sponsoring new legislation to strengthen protections for Delaware’s first responders performing their duties.

The legislation makes it a Class A misdemeanor for an individual to cross a marked barrier set by a first responder or to ignore a clear verbal warning and come within 25 feet of a first responder with the intent to interfere, threaten, or harass. The bill applies to law enforcement officers, firefighters, EMTs, paramedics, and fire police officers.

Sen. Buckson said the measure is about ensuring first responders can focus on their jobs without unnecessary distractions or danger.

“Our first responders put themselves in harm’s way every day to protect our communities,” Sen. Buckson said. “The last thing they should have to worry about is someone interfering with their ability to do their job safely and effectively. This legislation sets clear boundaries and consequences for those who choose to ignore them.”

Rep. Dukes said the bill reinforces respect for emergency personnel and prioritizes public safety.

“Sen. Buckson has partnered with first responders to advance a measure that safeguards both them and the public,” Rep. Dukes said. “Establishing a buffer zone ensures that law enforcement, paramedics, and firefighters can focus fully on their duties during critical moments. It’s easy to envision many scenarios in which such interference could lead to tragic consequences. This is a practical proposal that deserves broad support.”

The proposal is similar to the Halo Law, recently enacted in Florida.

House Republicans co-sponsoring the bill include State Reps. Rich Collins (Millsboro), Jeff Hilovsky (Long Neck, Oak Orchard), Shannon Morris (Harrington, Felton), Danny Short (Seaford), Bryan Shupe (Milford South, Ellendale), and Lyndon Yearick (Camden, Woodside).

SB 284 has been assigned to the Senate Judiciary Committee for consideration.