This Act is the first leg of a constitutional amendment that states that the power to tax should be limited and reserved solely for the purpose of financing necessary and essential governmental programs and operations and for no other purpose. The unlimited power to tax constitutes the inherent power to coerce and destroy. Such use of the government's power to tax is an abuse of power never intended or authorized by the people of the State of Delaware. This constitutional amendment is intended to protect the people of the State of Delaware from abusive, coercive, and destructive taxing schemes. 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. 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.
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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.
This Senate Joint Resolution asks the Delaware Department of Natural Resources and Environmental Control to require irrevocable pre-construction decommissioning bonds be posted, developers commit to landfilling decommissioned turbine components in Maryland, and Aircraft Detection Lighting Systems be deployed for any offshore wind project with power transmission lines coming ashore in Delaware’s Coastal Zone as a condition of permit approval. Any permit issued without these terms will be automatically null and void.
This resolution directs all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers.
This Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.
This Act raises the minimum income to be subject to income tax from $2,000 to $2,500. Also, the current 6 income tax brackets are collapsed into 3 brackets, each with a slightly reduced tax rate for most taxpayers.
This Concurrent Resolution recognizes January 9, 2024, as "Law Enforcement Appreciation Day" in the State of Delaware.
This concurrent resolution expresses the State of Delaware General Assembly’s concern for the loss of life in the Israel-Hamas war and calls on the legislature and the citizens of Delaware to recognize our common humanity and the shared strength of our diversity.
This Act is a substitute for Senate Bill No. 43. Both this Act and SB 43 add additional State facilities and categories of establishments to § 787 of Title 11 which would be required to display public awareness signs about human trafficking. The additional State facilities and categories are as follows: (1) State service centers. (2) Wellness centers. (3) Residential child care facilities. (4) Transitional and independent living service providers for youth aging out of foster care. (5) Shelters for victims of domestic violence or sexual assault or individuals experiencing homelessness or food insecurity. (6) Hotels. (7) Convenience stores along a major highway. (8) Gas stations along a major highway. (9) Casinos. (10) Restaurants with liquor licenses. (11) Poultry processing plants. (12) Bus or train stations. (13) Bars. (14) Massage establishments. (15) Shopping malls. This Act is also the same as SB 43 in that it: (1) Provides definitions of some of the existing State facilities and categories of establishments where public awareness signs are required to be displayed, as well as some of the new State facilities and categories added by SB 43 (and retained by this Act). (2) Includes specific locations on the premises where establishments that are hotels, casinos, restaurants with liquor licenses, poultry processing plants, massage establishments, and shopping malls must display a public awareness sign. (3) Adjusts the process by which the Delaware Anti-Trafficking Action Council (Council) may designate establishments required to display public awareness signs. SB 43 and this Act allow the Council to promulgate regulations to designate other categories of establishments that must display public awareness signs in addition to the categories required under § 787 and this Act; designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed; and change requirements for what must be included in a "public awareness sign", as defined in this Act. (4) Requires the Council to annually publish a list of categories of establishments that must display a public awareness sign and any specific location requirements for the purposes of providing notice. (5) Clarifies that enforcement fines are civil penalties. (6) Distinguishes between the responsibilities of the Council and establishments, as well as rewrites the responsibilities to clarify the current law regarding the display of public awareness signs. (7) Establishes an enforcement process, including the requirement that establishments will receive a warning before any civil penalties are assessed. The Department of Labor may promulgate regulations. (8) Requires the Department of Labor to submit an annual report about enforcement to the Council and the General Assembly. (9) This Act takes effect immediately and is to be implemented 1 year from the date of this Act’s enactment to allow for the promulgation of regulations by the Department of Labor and the Council, as well as to ensure public awareness signs will be ready for distribution before implementation. (10) This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 43 by: (1) Removing the mandate that the Department of Labor (Department) conduct enforcement. The Department still has enforcement authority but may exercise its discretion in whether to pursue enforcement. (2) Changing enforcement to a complaint-based system whereby the Department may inspect an establishment about which it receives a compliant. While the complaint-based system may be the main way that the Department will receive notice of possible noncompliance with public awareness sign requirements, the Department may still initiate inspections independent of a report from the Delaware Anti-Trafficking Action Council or a complaint. (3) Changing the enforcement process and timeframes as follows: When the Department conducts enforcement, it shall provide public awareness signs, if needed, to an establishment to immediately enable compliance with the public awareness sign display requirements. If, within 3 years, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance identified in the warning notice, then the Department shall assess a civil penalty against the noncompliant establishment. (4) Removing the safe harbor provision since all establishments will now receive copies of the proper signage during inspection, if new signs are needed. (5) Updating the civil penalty to conform to the changes made in the enforcement process and timeframes. The civil penalty is as follows: if an establishment does not correct the same, or a substantially similar, noncompliance identified in the warning notice, the establishment owner is subject to a civil penalty of not more than $500. On a second or subsequent failure by an establishment to correct the same, or a substantially similar, noncompliance identified in the warning notice, the establishment owner is subject to a civil penalty of not more than $2,500. The current fine under § 787 is $300 per violation. (6) Naming this Act the "Signs of Hope Act". This name reflects the purpose that the human trafficking public awareness signs serve: a way to reach, give hope, and save victims of human trafficking. (7) Removing repetitive language and correcting a grammatical error. To make compliance with and enforcement of this Act feasible, a fiscal note is attached to this bill to finance the creation of the public awareness signs, which will be provided free to State of Delaware facilities and establishments and to fund a Department of Labor enforcement position.
This Act authorizes paramedics and other EMS providers to provide medical care to police dogs injured at the scene of an emergency. This Act also grants civil immunity to paramedics and other EMS providers who provide medical services to police dogs, so long as their efforts to assist the police dog were in good faith. However, this Act clarifies that in a situation where a human and a police dog need emergency medical care at the same time, the medical services personnel are prohibited from providing care to the police dog over the human, if the care of the police dog would hinder the human’s care.