Delaware Bills

passed both · Delaware · Senate Jun 12, 2024

SCR 180: DESIGNATING OCTOBER 6, 2024, AS A DAY OF HONOR FOR THE MARQUIS DE LAFAYETTE IN DELAWARE.

This bill designates October 6, 2024, as a Day of Honor for the Marquis de Lafayette throughout Delaware. The resolution commemorates Lafayette's historic visit to the state in 1824 and acknowledges his significant contributions to the American Revolution, including his service alongside George Washington and his role in the victory at Yorktown. By officially recognizing this date, the General Assembly encourages citizens to reflect on Lafayette's legacy of heroism, courage, and commitment to freedom and democracy.

passed both · Delaware · Senate Jun 12, 2024

SCR 179: DESIGNATING JUNE 12, 2024, AS “LOVING DAY” IN THE STATE OF DELAWARE.

This resolution designates June 12, 2024, as “Loving Day” in the State of Delaware and reaffirms a commitment to the principles of equality, freedom, and justice for all. “Loving Day” contributes to building a society that values and respects the fundamental human rights of all individuals, regardless of their race or ethnicity.

failed · Delaware · House Jun 12, 2024

HB 343: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO DECREASING THE STATE'S REALTY TRANSFER TAX RATE OF TAXATION.

This Act reduces the State's rate of realty transfer tax by .25% per year for 4 years, for residential property conveyances having a property value less than $500,000, and for commercial property convenances having a property value less than $1,000,000, starting January 1, 2025. After January 1, 2028, the State's realty transfer tax rate will be the same rate as it was prior to August 1, 2017 for these conveyances.

passed both · Delaware · Senate Jun 12, 2024

SCR 178: DESIGNATING OCTOBER 21-27, 2024, AS "FREE SPEECH WEEK" IN THE STATE OF DELAWARE.

This bill designates the week of October 21-27, 2024, as "Free Speech Week" in Delaware to honor the First Amendment and promote awareness of free speech rights. It is a commemorative resolution that does not change laws or create new regulations but instead formally recognizes a national observance focused on the importance of free expression. The measure affects the state by encouraging public and private groups to hold events and discussions about free speech during the designated week.

failed · Delaware · House Jun 12, 2024

HB 43: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

This Act allows Delaware voters who are not affiliated with a political party to vote in a political party's primary election. Currently there are approximately 170,000 registered Delaware voters who are not affiliated with a political party. Members of a political party are not allowed to crossover and vote in another political party's primary election.

introduced · Delaware · Senate Jun 12, 2024

SB 4: AN ACT TO AMEND TITLE 11, TITLE 13, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION.

This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. and Senate Substitute No. 2 for Senate Bill No. 4. Like Senate Bill No. 4, Senate Substitute No. 1, and Senate Substitute No. 2 for Senate Bill No. 4, this Act modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision. This Act differs from Senate Substitute No. 2 for Senate Bill No. 4 by doing all of the following: (1) Continuing the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system. (2) Removing the prohibition on imposing a sentence of incarceration for a technical violation and the special sentencing matrix for certain technical violations. As a result, the definitions for “non-technical violation” and “technical violation” are also removed. (3) Removing the requirement that periods of incarceration imposed when probation violations are found for multiple offenses be served concurrently. (4) Removing the requirement that for a court, Board of Parole, or probation and parole officer to impose a condition that an individual on probation not possess or use alcohol or controlled substances there must be a reasonable relationship to the criminogenic needs of the individual. (5) Removing the prohibition on a probation and parole officer from pursuing sanctions for nonwilful violations of probation, which include the following: a. An individual on probation’s failure to complete a program when the program refuses to provide services, the program is cost prohibitive, or access to the program is restricted beyond the control of the individual on probation. b. An individual on probation’s failure to follow supervision conditions when the individual on probation’s medical conditions or disability prevent compliance. c. An individual on probation’s failure to report based on factors beyond the individual on probation’s control. (6) Removing the prohibition on a court finding a probation violation occurred based on criminal conduct that the court acquitted the individual on probation of or dismissed the underlying criminal charge for. (7) Removing the repeal of a provision that permits the Department of Correction to deny earned compliance credits to an individual on probation for other categories of offenses that the Department establishes by rules and regulations. The Department is statutorily permitted to deny credits for individuals on probation for a sexual offense, a violent felony, and any offense in the Delaware Code if the probation is imposed to collect restitution at Accountability Level I. (8) Removing the requirement that there be a finding that the individual on probation poses a substantial risk of injury to others or of intentionally failing to appear for a revocation hearing before a court could issue an arrest warrant or the Department could deputize officers to make an arrest. (9) Making clear that outstanding balances owed on the home confinement fee imposed under § 4332(b) of Title 11, which is repealed by this Act, are discharged. (10) Clarifying that the requirement that a court, Board of Parole, or probation and parole officer presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible to achieve the goals of supervision applies only to special conditions of probation. (11) Not including any changes to § 4334 of Title 11 (relating to arrests for violation of conditions of supervision and disposition of those violations) in this Act. (12) Providing for a delay in the effect of this Act. This Act takes effect 180 days after its enactment into law. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

passed both · Delaware · House Jun 12, 2024

HCR 150: RECOGNIZING THE YOUNG MEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2024 SESSION OF DELAWARE’S BOYS STATE.

This Concurrent Resolution recognizes the young men participating in the 2024 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware.

in committee · Delaware · Senate Jun 11, 2024

SB 312: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT.

This Act adopts the Uniform Public Expression Protection Act ("the Act") authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2020 and has been adopted in 7 states, including New Jersey, and is currently pending in 9 states, including Pennsylvania. The Act protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation. Specifically, the Act combats the problem of strategic lawsuits against public participation, also called “SLAPPs.” A SLAPP may come in the form of a defamation, invasion of privacy, nuisance, or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities. While Delaware has an “anti-SLAPP” law (see §§ 8136 through 8138 of Title 10 of the Delaware Code), the law received a score of “D-“ from the Institute for Free Speech due to limited types of speech it protects and lack of basic protections provided by the Act.

in committee · Delaware · Senate Jun 11, 2024

SB 324: AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES AND WAGE AND HOUR ENFORCEMENT.

This Act amends provisions in Title 19 and Title 29 of the Delaware Code relating to the Department of Labor’s enforcement procedures and wage and hour enforcement. First, the Act amends Chapter 1 to modernize provisions relating to the Department’s inspections and handling of witnesses and evidence. The changes intend to align the Code with relevant case law and commonly accepted inspection practices. Second, the Act requires the Department to promulgate regulations to establish administrative procedures for civil enforcement actions under several Chapters, including Chapter 5 (Child Labor), Chapter 9 (Minimum Wage), Chapter 11 (Wage Payment and Collection Act), Chapter 35 (Workplace Fraud), and Chapter 36 (Contractor Registration), to have consistency throughout Department proceedings. Third, the Act corrects an issue identified within Chapter 11 when SS 1 for SB 35 of the 151st General Assembly was enacted, which inadvertently created a conflict between civil enforcement procedures and fines for violations within the same Chapter. Fourth, the Act increases certain civil penalties in Title 19 and Title 29. Finally, the Act removes a loophole in which employers who retaliated against employees by terminating an employee avoided penalty because the individual was no longer employed as a result of the retaliation and thus not an employee. It also updates the penalties to bring them in line with other similar statutes.

passed both · Delaware · House Jun 11, 2024

HCR 147: HONORING THE BRANDYWINE HIGH SCHOOL ALL-WOMEN STEM TEAM OF OLIVIA ERSKINE, KATHERINE MCDERBY, ISABELLA CHERMAK, AND MALTI JOHN FOR THEIR INNOVATIVE REDESIGN OF BOARD GAMES TO ENHANCE ACCESSIBILITY FOR SPECIAL EDUCATION STUDENTS.

This House Concurrent Resolution honors the Brandywine High School All-Women STEM Team of Olivia Erskine, Katherine McDerby, Isabella Chermak and Malti John for Their Innovative Redesign of Board Games to Enhance Accessibility for Special Education Students

in committee · Delaware · Senate Jun 11, 2024

SB 323: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO KNIVES

This Act removes prohibitions in Title 11 of the Delaware code regarding owning or possessing certain types of folding knives that may be opened with one hand. So-called "switch blade knives", which are more appropriately called automatic knives, allow for easy deployment often by depressing a button. Such cutting implements are lawfully used as tools by many working in the trades, and are also popular amongst outdoor, hunting, and camping enthusiasts. Currently, despite common and myriad lawful purposes, such knives are treated as deadly weapons in Delaware and therefore subject otherwise law-abiding Delawareans engaging in law-abiding activities to criminal prosecution in the justice system. Removing the prohibitions would permit individuals to lawfully use such tools but would still subject them to prosecution for deadly weapons related offenses where an individual uses such an automatic knife in the course of an attack or assault aimed at causing death or serious injury.

in committee · Delaware · Senate Jun 11, 2024

SB 322: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ATHLETES.

This Act updates the Grace Firestone Act to strengthen regulations for member schools regarding sudden cardiac arrest. The Act requires member schools to develop an athletic emergency action plan and have an automated external defibrillator (“AED”) less than 3 minutes from any venue where practices and competitions are held. It further requires all coaches, physical education teachers, referees, health teachers and at least one staff member delivering student behavioral health services or at least one school administrator per school to be trained in cardiopulmonary resuscitation and trained in the use of an automated external defibrillator. The Act requires regular maintenance checks of AED equipment to follow the manufacturer’s guidelines for routine checks. The Act mandates all member schools to establish a cardiac emergency response plan and provide Stop the Bleed training to staff once every year. The Act requires the Department of Education and the Office of Emergency Medical Services to develop a survey that member schools must complete every two years to ensure compliance with these regulations.

Bill results