This Act increases the age requirement for compulsory school attendance in Delaware from 16 to 18 years of age. The age increase is phased in over a two-year period; accordingly, there is a one-year interim period where the compulsory school attendance age requirement will be 17 years old. The Act further provides that a child may be exempt from the age requirement for compulsory school attendance if the child has received a high school diploma or a certificate of performance or obtains permission to withdraw from school from the superintendent of the district in which the child is enrolled or from the president of the board of the charter school in which the child is enrolled. To obtain a waiver from the date of enactment of this Act until August 31, 2018, a child must be at least 16 years old. To obtain a waiver on or after September 1, 2018, a child must be at least 17 years old. The Act preserves the exemption under which a child may be excused from compulsory attendance upon request of the child's parent or legal guardian coupled with supporting written documentation from a qualified health professional.
This Act improves the enforcement mechanisms related to Delaware’s campaign finance disclosure laws in four ways. First, this Act amends § 8040, Title 15 to require that the Superior Court may not grant a certificate of election to a successful candidate for office until the candidate has paid all fines assessed by the Commissioner of Elections (“Commissioner”) for the candidate’s wilful failure to file a required campaign finance report. And, this Act specifically requires the Commissioner to provide the Superior Court with the information necessary for the Court to perform its function. Second, this Act further amends § 8040, Title 15 to prohibit an individual from being a candidate in a future election until all previous campaign finance reports are filed and all previously assessed fines assessed by the Commissioner are paid. Third, this Act clarifies the timeframe in which the Commissioner must notify a candidate that a report is incomplete or tardy and decreases the time in which a candidate may appeal the Commissioner’s decision to issue a fine for a tardy or incomplete report. Fourth, this Act amends § 8044, Title 15 to require the Commissioner to publish, on the Department of Elections website, the name of any candidate who has (1) wilfully neglected to file a campaign finance report, (2) been assessed a fine by the Commissioner for wilfully neglecting to file a campaign finance report, or (3) been reported to the Office of the Attorney General by the Commissioner.
This Act requires political committees to report a contributor’s occupation and employment information. This is already a requirement in federal campaign finance law. If only a contributor’s name and address are disclosed (without occupation and employer), it is difficult to determine which industry, company, or group is funding a candidate. This will assist in furthering transparency and disclosure in the electoral process. It also addresses the obligation of the reporting candidate and treasurer.
This legislation promotes transparency and integrity at the highest levels of our democracy, by requiring that all candidates for President and Vice President of the United States file copies of their federal tax returns with the Delaware Department of Elections as a prerequisite for appearing on the ballot in the general election in Delaware.
This bill provides for research or transplantation of organs and other anatomical gifts as authorized under federal law among donors who have tested positive for exposure to HIV and intended recipients who have also tested positive for exposure to HIV. Delaware is currently the only state that has laws prohibiting the use of HIV positive organs for HIV positive recipients entirely, including the use of organs as part of a research protocol.
This Act explicitly allows ground effect lighting equipment on motorcycles. This extra lighting would increase motorcycle safety by enhancing their visibility.
This Act is the second leg of a Constitutional amendment to lengthen the time period during which the Governor must appoint a judicial officer following the occurrence of a vacancy, thereby giving the Governor and State Senate more flexibility in the consideration of vacancies occurring when the State Senate is not in session while preserving the Delaware tradition of quickly filling judicial vacancies. The first leg, Senate Bill No. 275 from the 148th General Assembly, was adopted by two-thirds of the members elected to the General Assembly and publicized in accordance with Article XVI, § 1 of the Delaware Constitution. From 1897 until 1983, the Delaware Constitution provided that the Governor shall submit his or her appointment to fill a vacancy to a constitutional court within 30 calendar days of a vacancy when the State Senate was not in session. In 1983, the timeframe for the Governor to make an appointment when the State Senate was not in session was lengthened to 60 days, a timeframe for the Governor to make an appointment when the State Senate was in session was added and set at 60 days, and a provision permitting judges to hold over in office for 60 days after their term expired was added. Since 1897, the number of constitutional courts and the number of judges on those courts has increased. As a result, the Governor must now call special sessions of the State Senate for the consideration of judicial nominees more frequently than in the past. This Act provides more flexibility to the Governor and State Senate in two respects. First, it extends the 60 day period after the occurrence of a vacancy to a 90 day period. The 90 day period strikes a balance between the need to have judicial positions filled quickly to avoid operational disruptions in the court system and the desire to have more flexibility when the General Assembly is not in session. Second, the Act clarifies that the Governor and State Senate may consider a nomination 30 days prior to the occurrence of the vacancy. The Constitution was previously silent on the consideration of nominations prior to the occurrence of a vacancy. This Act also modifies the time period during which an incumbent judicial officer whose term has expired may hold over in office after the expiration of his or her term from 60 days to 90 days to match the vacancy timeframes. This Act confirms that an incumbent judge whose term has expired has the option to hold over in office for that 90 day period, but is not required to do so. Finally, this Act makes additional technical corrections to conform existing law on lines 42 through 44, line 46, lines 56 through 58, and line 60 to the guidelines of the Delaware Legislative Drafting Manual.
To establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in Delaware, this bill establishes an Independent Redistricting Commission for the State of Delaware. The Commission will be responsible for drawing the boundaries of Delaware's legislative districts every ten years, following each decennial census. A pool of twenty-four potential Commission members shall be selected by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool will consist of eight current or former Delaware attorneys or former Delaware judges and sixteen other citizens of Delaware. The pool must include eight candidates from each of the State’s two largest political parties and eight candidates that are not a member of either of the State’s two largest parties. Prior to selection of Commission members, the following individuals shall each have the opportunity to strike one candidate from the pool: the Speaker of the House, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Secretary of State will draw by lot until the following conditions are satisfied: 1) The Commission will have nine members, three of whom must be current or former attorneys or former Delaware judges, and six of whom must be other Delaware citizens. 2) Three members of the Commission shall be members of the State’s largest political party, three shall be members of the State’s second largest political party, and the remaining three shall not be a member of either of the State’s two largest political parties. Eligible candidates may not be, and may not have in the five years prior to appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting, and from registering as a federal or state lobbyist for five years following the term as a Commissioner. A preliminary plan must be prepared by the Commission for public distribution, and four public hearings must be held before a Final Redistricting Plan and Report is approved by the Commission. The Delaware Supreme Court shall have original and exclusive jurisdiction to resolve challenges to the Final Redistricting Plan adopted by the Commission.
This Act requires that all public bodies that are subject to the requirements of the Freedom of Information Act ("FOIA") respond to requests for information from persons who are not residents of Delaware. In doing so, this Act does not change the purpose of FOIA, which is to further the accountability of State government to the citizens of this State, who, as taxpayers, are funding the work of the public bodies. As such, this Act allows state agencies and public bodies to create higher fees for responses to FOIA requests from persons who are not residents of Delaware. This Act also allows persons who are not residents of Delaware to challenge the validity of an action by a public body and extends the deadline by which to do so. It clarifies that a public body can go into executive session to discuss any individual's qualifications to hold a job or pursue training, not just to discuss the qualifications of a resident of Delaware.
This bill lowers the tax rate by .05%. Also, it creates a new tax bracket at $125,000 with a rate of 7.05%, and an additional bracket at $250,000 with a rate of 7.80%.
In many circumstances persons who owe child support have received monetary awards in the form of a court settlement, verdict, judgment, or under a worker’s compensation award. This Bill requires a prevailing litigant to advise his attorney or insurance carrier of any outstanding child support arrears owed and directs the attorney, insurance carrier or other paying agent to pay the proceeds up to the arrears owed to DCSS to satisfy any outstanding arrearages owed to the custodian. If child support arrears or retroactive support is owed, the lien, up to the amount of child support arrears or retroactive support owed, must first be paid before any funds (excluding the first $1,000 of net proceeds) may be released to the prevailing party.
This Act is a first leg of a constitutional amendment that would eliminate from the Delaware Constitution the limitations as to when an individual may vote by absentee ballot. This amendment to the Delaware Constitution provides that the General Assembly shall enact general laws providing the circumstances, rules, and procedures for absentee voting.
