Rep. Mike Smith

This Act facilitates the interstate and intrastate shipping and delivery of alcoholic liquors. Section 2 of this Act does all of the following: (1) Authorizes the direct shipping of wine, beer, spirits, mead, or cider to consumers in this State if the alcoholic liquor is manufactured by a person licensed as a farm winery, microbrewery, or craft distillery in this State or by a person located in another state that would qualify as a farm winery, microbrewery, or craft distillery under the laws of this State. (2) Requires the direct shipper to be licensed by the Alcoholic Beverage Control Commissioner (“Commissioner”). (3) Establishes a yearly limit on the amount of wine, beer, spirits, mead, or cider that may be shipped directly to a consumer for the consumer’s personal use. (4) Requires the licensed direct shipper to provide notice that an individual who is 21 years of age or older must receive the shipment. Sections 1, 3, and 4 of this Act do all of the following: (1) Authorizes a liquor store, farm winery, brewery-pub, microbrewery, craft distillery, and wine auction (“a seller”) to sell alcoholic liquor for delivery by a delivery service. (2) Authorizes the delivery of alcoholic liquor from a seller in this State to a consumer in this State by a delivery service. (3) Requires a delivery service to be licensed by the Commissioner. (4) Requires a delivery service’s delivery drivers to meet certain requirements. (5) Requires a delivery service to ensure that before transferring possession of a shipment of alcoholic liquor that the delivery service’s delivery drivers verify the identity of the recipient of the shipment and that the recipient is at least 21 years of age. Section 5 of this Act adopts the Uniform Alcohol Direct-Shipping Compliance Act, which was approved 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 Uniform Alcohol Direct-Shipping Compliance Act (“the Uniform Act”) enhances each state’s capability to detect and stop unlawful direct to consumer shipments of alcoholic beverages to the state’s residents. The Uniform Act incorporates the state’s existing law as to the industry participants and types of alcoholic beverages for which direct to consumer shipping is allowed and does not create any new or additional authorization to ship alcoholic beverages directly to a consumer. The Uniform Act provides state regulators with new tools to distinguish between direct to consumer shipments that originate from shippers licensed under the state’s existing law and direct to consumer shipments that do not, and aids state regulators in enforcing their existing laws governing direct to consumer shipments of any type of alcoholic beverage. The Uniform Act requires fulfillment providers, a person acting on behalf of a licensed direct shipper to ship wine, beer, spirits, mead, or cider to a consumer and arranges for transport of the wine, beer, spirits, mead, or cider by a carrier to the consumer, to be registered with the Commissioner and regulates fulfillment providers. Section 6 of this Act does all of the following: (1) Authorizes a carrier to transport wine, beer, spirits, mead, or cider from a licensed direct shipper or a registered fulfillment provider to a resident of this State. (2) Requires a carrier to be licensed by the Commissioner. (3) Requires a carrier to ensure that before transferring possession of a shipment of wine, beer, spirits, mead, or cider that the individual delivering the shipment for the carrier has verified the identity of the recipient of the shipment and that the recipient is at least 21 years of age. Sections 7 through 9 of this Act makes conforming amendments to Title 4 of the Delaware Code to permit the activities authorized by Sections 1 through 6 of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.

Section 1 of this Act increases the burial benefit for individuals eligible to receive a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $8,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). This increase will also apply to funeral benefits that reference the amount in this section. Section 2 of this Act increases the funeral expenses paid for a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company from $7,000 to $8,000. This burial benefit has not been increased since 2004 (See 74 Del. Laws, c. 339, § 1). Consistent with a legal interpretation of the existing law by state agencies, this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29. However, this Act makes changes to existing law to make this legal interpretation clear and to specifically identify the state employee burial benefits to which this provision applies. This Act takes effect on October 1, 2024, to provide time to implement this Act after the enactment of the fiscal year 2025 appropriations act containing the funding for this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Senate Concurrent Resolution recognizes the 100th anniversary of the establishment of diplomatic relations between the United States of America and Ireland.

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.

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.

This act increases from $110 to $330 each personal exemption credit for certain lower income earning individuals.

This resolution designates the week of March 11 through March 15, 2024, as “Civic Learning Week” in the State of Delaware to encourage schools and civic organizations to hold educational programs regarding civic duty and urge Delawareans to reflect upon the importance of their civic duty and responsibilities.

This resolution recognizes the Easterseals/CAI Volleyball Challenge occurring March 9 at William Penn High School and April 20 at Delaware State University, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families.

This Act permits the Division of Motor Vehicles to refuse to renew the registration of a vehicle that is operated in violation of the law requiring stopping for school buses as evidenced by School Bus Safety Cameras.

This is the first leg of a Constitutional Amendment to constitutionally authorize 10 days of early in-person voting in Delaware. Additionally, at least 21 in-person early voting places, with 1 being located in each State Senate District, are required. Further, this Constitutional Amendment requires all administrative or procedural laws, rules, policies, or regulations applicable to safeguarding the security of in-person voting that apply to the general election shall be applicable to in-person early voting days.