Delaware Bills

passed both · Delaware · House Mar 14, 2024

HCR 92: RECOGNIZING MARCH 14, 2024, AS “BE THE ONE DAY”.

This House Concurrent Resolution recognizes March 14, 2024 as “Be The One Day" in the State of Delaware.

Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Dave Sokola (D) Sarah McBride (D)

in committee · Delaware · House Mar 13, 2024

HB 344: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This bill seeks to correct a current bias in Delaware’s election law impacting the outcome of countless races throughout the state. Numerous academic analyses have concluded that there is a considerable benefit to a candidate’s name appearing first on the ballot. In one noteworthy legal proceeding on ballot position bias, the California Supreme Court held that “a significant advantage accrues to a candidate by virtue of a top ballot position.” The High Court further concluded that without incumbents running, approximately 5% of a candidate’s vote share could be attributed to their position on the ballot. California took action in 1975 to eliminate this flaw by randomizing the listing of candidates on its ballots. The Golden State uses a system where a randomized drawing of letters of the alphabet is conducted, with the resulting order of letters constituting a "randomized alphabet" that is used for determining the order of candidates' names on the ballot. According to the National Conference of State Legislatures, 15 states have enacted reforms to deal with ballot position bias. Delaware law currently mandates that one political party always appear in the first column on the machine ballots or on the first line of absentee ballots. This bill proposes eradicating ballot position inequity by adopting a randomized system modeled after the one successfully employed in California for nearly five decades.

passed both · Delaware · House Mar 13, 2024

HCR 91: RECOGNIZING MARCH 13, 2024, AS “KAPPA ALPHA PSI DAY AT THE CAPITOL” IN DELAWARE.

This Concurrent Resolution recognizes March 13, 2024, as Kappa Alpha Psi Fraternity, Incorporated or “Kappa Alpha Psi Day at the Capitol” in Delaware.

in committee · Delaware · House Mar 13, 2024

HB 22: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.

School personnel report that school safety is a significant issue that affects whether or not they stay in the profession. This Act makes recklessly or intentionally causing physical injury to an employee, contractor, or subcontractor of a public or private elementary school or secondary school an assault in the second degree. This Act may be cited as “The School Personnel Protection Act”. This Act is a substitute for and differs from House Bill No. 22 by specifying that the person must recklessly or intentionally cause physical injury to the employee, contractor, or subcontractor while on school property or at a school-sponsored event in order for the provision to apply.

in committee · Delaware · House Mar 13, 2024

HB 189: AN ACT TO AMEND TITLE 15 AND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.

This Act makes clear that corporations and other artificial entities may not be given a vote in municipal elections. Section 1 of this Act prohibits a municipality from giving corporations and other artificial entities the right to vote within the municipality's charter. Section 2 amends the language that prohibits municipalities from amending charters that permit nonresident persons to vote to take away such rights under the provisions of Title 22, Chapter 8 applies only to the rights of nonresident natural persons, not to corporations or other artificial entities.

in committee · Delaware · House Mar 13, 2024

HB 327: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT, HARASSMENT, AND DISCRIMINATION.

The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment. The first part of this Act protects assault victims from defamation lawsuits by: 1. Placing a higher burden of proof on the complainant, even if the complainant is a private figure; and 2. Entitling a prevailing defendant to attorneys’ fees and costs, treble the amount of actual damages, and punitive damages. The second part of this Act prohibits any provision in a settlement agreement that prevents the disclosure of information related to a claim of sexual assault, harassment, or discrimination.

passed both · Delaware · House Mar 13, 2024

HCR 89: DESIGNATING MARCH 2024 AS WOMEN’S HISTORY MONTH IN DELAWARE AND HONORING THE LEADERSHIP AND ACHIEVEMENTS OF WOMEN THROUGHOUT OUR STATE’S RICH HISTORY.

This resolution designates March 2024 as Women’s History Month in Delaware to raise awareness and celebrate the contributions of women in our society, and for the greater good of our nation.

passed both · Delaware · Senate Mar 12, 2024

SCR 119: ESTABLISHING THE STUDENT BEHAVIOR AND SCHOOL CLIMATE TASK FORCE.

This concurrent resolution establishes the Student Behavior and School Climate Task Force.

passed · Delaware · Senate Mar 12, 2024

SB 147: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.

This Act creates a narrow exception to the computer crimes under §§ 932, 933, and 935 of Title 11 because these crimes contain elements broad enough to include actions employees may take to document or report an employer’s violation of state or federal employment laws protecting the rights of employees. In addition to criminal penalties, § 941 of Title 11 allows a civil action for treble damages against an employee for a violation of any provision of §§ 932, 933, or 935 of Title 11. Like Senate Bill No. 147, Senate Substitute No. 1 for SB 147, does all of the following: 1. Provides that an employee is not guilty of a crime under §§ 932, 933, or 935 of Title 11 if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees and the information obtained by the employee was only disclosed for this purpose. 2. Clarifies that if an exemption to a crime under §§ 932, 933, or 935 of Title 11 applies, an employer may not bring a civil action under § 941 of Title 11 against a current or former employee for a violation of §§ 932, 933, or 935 of Title 11. Senate Substitute No. 1 for SB 147 differs from SB 147 by making the following revisions to clarify the narrow intent of this Act: 1. Does not include § 936 of Title 11, destruction of computer equipment, under this exemption. 2. Replaces the words “investigating, exploring, or pursuing” with “reporting or filing”. 3. Requires that the employee accessed computer services or systems as authorized for the employee’s use in the course of the employee’s employment.

passed both · Delaware · House Mar 12, 2024

HCR 90: DESIGNATING MARCH 12, 2024 AS "EQUAL PAY DAY" IN THE STATE OF DELAWARE.

This House Concurrent Resolution designates March 12, 2024 as "Equal Pay Day" in the State of Delaware.

in committee · Delaware · House Mar 12, 2024

HB 341: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AN APPROPRIATION TO AN ENTITY EMPLOYING A MEMBER OF THE JOINT FINANCE COMMITTEE OR JOINT COMMITTEE ON CAPITAL IMPROVEMENT.

This Act prohibits the following: (1) An appropriation for a grant-in-aid to a nongovernmental entity that employs a member of the Joint Finance Committee, as the Joint Finance Committee is charged with preparing the annual grants-in-aid act. (2) An appropriation for funding under the annual capital improvement act to a nongovernmental entity that employs a member of the Joint Committee on Capital Improvement, as the Joint Committee on Capital Improvement is charged with preparing the annual capital improvement act.

in committee · Delaware · House Mar 12, 2024

HB 230: AN ACT TO AMEND TITLES 10, 13, 24, AND 31 OF THE DELAWARE CODE RELATING TO GENDER-AFFIRMING HEALTH CARE.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming health care. In summary, this Act does the following: (1) Clarifies that medical professionals who provide gender-affirming health care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State; (2) Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization, with some exceptions; (3) Protects health care providers from out-of-state civil actions relating to gender-affirming health care treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware; and (5) Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services. This Act further gives jurisdiction to the Family Courts to determine custody disputes when a child is in the State to receive gender-affirming health care, and the provision of gender-affirming health-care is at issue in the custody dispute. It also prohibits the state from enforcing an out-of-state court order that removes a child from a parent because the parent allows the child to receive gender-affirming health care

Bill results