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.
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This Concurrent Resolution commends the 2024 Delaware Behavioral Health Professional of the Year, Shannon Gronau, and all of the District/Charter Network Behavioral Health Professionals of the Year.
This Act is a substitute for Senate Bill No. 180. Like Senate Bill No. 180, this Act is the first leg of an amendment to the Delaware Constitution that does all of the following: (1) Under Section 1 of this Act, limits the loss of the right to vote of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first. (2) Brings Section 1 of this Act into conformity with the United States Constitution and federal law. Like in Section 1 of Senate Bill No. 180, Section 1 of this Act specifically does all of the following: (1) Removes the ability of the General Assembly to impose the forfeiture of the right of suffrage as a punishment for a crime. (2) Removes the list of felonies resulting in permanent removal of the right to vote. (3) Prohibits making the re-enfranchisement of an individual who is convicted of a felony contingent on the payment of a monetary payment of any kind. (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, to conform the Delaware Constitution to the 26th Amendment to the United States Constitution. (6) Removes the durational residency requirements necessary to qualify to vote in this State. Durational residency requirements have been found unconstitutional because these requirements infringe on both the constitutional right to vote and the constitutional right to travel. See Dunn v. Blumstein, 92 S. Ct. 995 (1972) (finding 1-year residency requirement in a state and 3-month residency requirement in a county unconstitutional) and Marston v. Lewis, 93 S. Ct. 1211 (1973). A voter will still be required to be a resident at the time the voter registers. (7) Removes the literacy test requirement to qualify to vote in this State. Literacy tests have been used to disqualify Blacks and individuals who are immigrants or poor. Because of the discriminatory use of, and often subjective nature of, literacy tests, literacy tests are prohibited under federal law, see 52 U.S.C. § 10501, and likely unconstitutional under the 14th or 15th Amendment to the United States Constitution, see Oregon v. Mitchell, 91 S. Ct. 260 (1970). (8) Makes a technical correction to remove an unnecessary comma. Like in Section 2 of Senate Bill No. 180, Section 2 of this Act removes the suspension of the right to vote as a punishment for violation of certain election offenses. This Act differs from Senate Bill No. 180 by removing “work release” from the list of criminal sentences not included in the definition of “imprisonment” for purposes of Section 1 of this Act. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
This Act requires a health-care practitioner to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy. The patient is free to choose not to view the ultrasound or listen to the auscultation of fetal heart tone. This Act is known as "The Woman's Right to Know Act."
Like Chapter 19 of Title 10, covering judicial officers, and a similar provision pending for correctional officers, this Act allows law enforcement officers to submit a written request that their personal information not be publicly released. The written request may be submitted directly by a law enforcement officer to a person or government agency or the law enforcement agency employing the officer may submit a written request on behalf of the officer. This Act also directs the law enforcement agency employing covered law enforcement officers to develop a policy and procedure for law enforcement officers to apply for the employer to submit a written request on behalf of the law enforcement officer. The employer would also be required to enroll a law enforcement officer who opts into the employer’s process to enroll the law enforcement officer in the services for an online privacy vendor. This Act applies to law enforcement officers who serve on or after its enactment date and takes effect 180 days after its enactment into law.
This legislation, the State Spending Accountability Amendment, is the first leg of a constitutional amendment that would reform the state budgeting process. This amendment would continue the Budget Stabilization Fund, established in 2018 under Executive Order 21, issued by Governor John Carney. It also seeks to continue the state Benchmark Index and state Benchmark Appropriation, established by the same executive order, which will expire at the end of the Carney administration in January 2025. This amendment would further hold the General Assembly accountable for responsibly managing state spending growth by instituting new protocols. It would create the 8-member Budget Accountability Review Commission (BARC) and establish a set of procedures to ensure the state operating budget complied with the state Benchmark Index and state Benchmark Appropriation. These benchmarks could be exceeded when extraordinary circumstances presented themselves.
This Act is enabling legislation that establishes the framework and requirements for a competitive mobile sports wagering market in Delaware under the authority of the Lottery Director. Sports wagering is now legal in 38 states, and 29 states have legalized mobile sports wagering using computers or other Internet-connected devices, including the neighboring states of Maryland, Pennsylvania, and New Jersey. Pursuant to this Act, the Lottery Director is authorized and directed to commence the Internet sports lottery by administering a solicitation and request for applications process to license qualified operators that have entered into a market access agreement with one of Delaware’s existing video lottery agents. Each video lottery agent is authorized to partner with a maximum of two prospective Internet sports lottery operators, and certain minimum requirements for applicants are established in the legislation as part of the criteria the Lottery Director will develop to evaluate proposals from applicants. The Lottery Director may disqualify applicants that fail to provide required information. Further, the Director is not required to license applicants that are deemed not to be qualified. Licensed Internet sports lottery operators are required to pay a $500,000 fee for an initial 5-year license to offer Internet sports lottery games in Delaware, and operators must return proceeds from their operations at a rate of 18% of the operator’s monthly adjusted gross sports lottery receipts. Licensed operators will also contribute 1.5% of their monthly adjusted gross sports lottery receipts to purses for allocation under the direction of the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as applicable. Licensed Internet sports lottery operators must also contribute additional purses to cover any deficit in the event total purse revenues in any fiscal year from all sports lottery and Internet sports lottery operations are less than the total purses paid in the last 12 months prior to the start of the Internet sports lottery. Licensing fees collected from operators are allocated to the General Fund. Proceeds returned to the State by Internet sports lottery are allocated first to the Lottery Office’s costs and administrative expenses. Thereafter, $400,000 or 3.5% of the proceeds returned to the State, whichever is greater, is allocated to DSAMH for programs for the treatment, education, and assistance of compulsive gamblers and problem gambling. The balance of the proceeds remaining are allocated to the State Lottery Fund for the benefit of the State. The Act provides the Lottery Director with authority to regulate and provide for the security and effective administration of the Internet sports lottery. Minimum duties of licensed Internet sport lottery operators are established in the Act, including, among other requirements: (i) employing a monitoring system to identify betting irregularities; (ii) reporting suspicious activity to the Director; (iii) maintaining sufficient cash balances and daily records of receipts; and (iv) keeping current in all payments and obligations to the Director. Violations are subject to enforcement under existing statutory provisions. The Act directs the Lottery Director to implement the Internet sports lottery as soon as reasonably possible, but not later than 150 days after enactment. The Lottery Director is authorized to issue conditional or probationary licenses during initial implementation of the Internet sports lottery and may issue emergency regulations to the extent necessary to implement the Act. Final regulations for the Internet sports lottery are to be promulgated within 1 year after enactment. Finally, Section 8 of the Act provides that the Act’s provisions do not apply to any vendor awarded a contract by the Lottery Office to provide an online casino and sports gaming platform for Delaware’s three licensed video lottery agents pursuant to that certain Request for Proposal issued by the Lottery Office on January 12, 2023, entitled “Internet Wagering System and Services Solution [FIN23001-IWSSS]” or any renewal or successor contract thereto. This Act expands the definition of “Sports lottery” to include amateur and electronic sporting events. This Act requires a 3/5 vote because it creates a fee.
This Senate Concurrent Resolution honors the National Conference of State Legislatures, and its members, leadership, and staff, past and present, for its outstanding work as it prepares to mark 50 years of service to the Delaware General Assembly and the legislatures of other U.S. states, territories, and commonwealths.
This Concurrent Resolution designates May 27, 2024, as “Brain Cancer Awareness Day” in the State of Delaware. “Brain Cancer Awareness Day” brings attention to the experiences of individuals affected by brain cancer and empowers them to share their stories, which helps overcome stigmas, corrects misconceptions, fosters a supportive community for patients and their families, and helps patients and caregivers to navigate their journey with greater knowledge and support by sharing resources, support networks, and information about available services. “Brain Cancer Awareness Day” is critical to educating the public about brain cancer and to supporting research funding for effective brain cancer treatments including targeted therapies, immunotherapies, and ultimately a cure.
Maddy summaryThis bill designates May 2024 as Lyme Disease Awareness Month in Delaware to highlight the state's high rates of the infection. It serves as a symbolic reminder for the public to learn about the disease, which is spread by deer ticks and can cause serious health issues like joint pain and fatigue. The resolution does not change laws or allocate funding; instead, it formally acknowledges the importance of awareness and prevention during the month.