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passed both · Delaware · Senate Jun 25, 2020

SB 191: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.

Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. This Act is the first leg of a constitutional amendment to add race, color, and national origin to the Article I, § 21 of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. This Act requires a greater than majority vote for passage because Article XVI, § 1 of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.
Sherry Dorsey Walker (D) Ernesto B. Lopez (R) Melissa Minor-Brown (D) David B. McBride (D) Darius Brown (D) · 26 co-sponsors
passed both · Delaware · House May 27, 2020

HCR 85: ACCEPTING AND APPROVING THE MAY 14, 2020, ACTIONS OF THE PRESIDENT PRO TEMPORE OF THE STATE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, DECLARING AN EMERGENCY UNDER § 5, ARTICLE II AND § 1, ARTICLE XVII OF THE DELAWARE CONSTITUTION, AND ADOPTING RULES OF PROCEDURE FOR CONDUCTING VIRTUAL MEETINGS OF THE GENERAL ASSEMBLY AND ITS LEGISLATIVE COMMITTEES DURING AN EMERGENCY.

This Concurrent Resolution accepts and approves the May 14, 2020, actions of the President Pro Tempore of the Senate (“President Pro Tempore”) and the Speaker of the House of Representatives (“Speaker”), declares an emergency under § 5, Article II and § 1, Article XVII of the Delaware Constitution, and adopts rules of procedure for conducting virtual meetings of the General Assembly and its legislative committees during an emergency. Specifically, this Concurrent Resolution: (1) Authorizes the Senate or House of Representatives or a legislative committee to convene and conduct a virtual meeting if the President Pro Tempore and the Speaker issue a public notice that the Senate or House of Representatives or a legislative committee is authorized to convene and conduct a virtual meeting due to an emergency. (2) Provides protections to ensure the integrity of the legislative process and public access and transparency for meetings held virtually. (3) Requires legislation considered at a virtual meeting be first be placed on an agenda, consent agenda, or consent calendar by the President Pro Tempore under Senate Rules or the Speaker under House Rules. (4) Notwithstanding § 1711 of Title 29 of the Delaware Code, makes clear that the method of convening the General Assembly and the limitations on the length of legislative session are as provided under the Delaware Constitution and the rules of the Senate or House of Representatives adopted under § 9, Article II of the Delaware Constitution.
Tim Dukes (R) Pete Schwartzkopf (D) Catherine Cloutier (R) Nicole Poore (D) David B. McBride (D)
passed · Delaware · Senate Mar 27, 2020

SB 184: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.

This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.
Stephanie Hansen (D) John L. Mitchell (D) · 3 co-sponsors
passed · Delaware · Senate Mar 12, 2020

SB 207: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO INVASIVE PLANTS.

This Act prohibits the import, export, sale, transport, distribution, or propagation of any plant identified by the Secretary of the Department of Agriculture, with the advice of the Delaware Native Species Commission, as an invasive plant. This Act also requires that plants identified as potentially invasive be sold with a tag that identifies the plant as potentially invasive. A violation of this Act may result in a civil penalty of $50 to $500, but only after the person has had the opportunity for an administrative hearing and the opportunity to come into compliance with this Act. This Act takes effect July 1, 2022.
Stephanie Hansen (D) Debra Heffernan (D) · 8 co-sponsors
passed · Delaware · House Feb 28, 2020

HB 285: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.

This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.
Sherry Dorsey Walker (D) David B. McBride (D) Debra Heffernan (D) Val Longhurst (D) Darius Brown (D) · 18 co-sponsors
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