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passed both · Delaware · House Apr 23, 2024

HCR 120: HONORING THE MEN AND WOMEN OF THE NATIONAL GUARD ASSOCIATION OF DELAWARE FOR THEIR SERVICE IN ADVOCATING, ORGANIZING, TRAINING, AND EQUIPPING THE NATIONAL GUARD IN SUPPORT OF THE DEFENSE OF OUR STATE AND NATION.

This Resolution pays tribute to the men and women of the Delaware National Guard for their service and sacrifices in support of defending our state and nation, and recognizes the outstanding advocacy provided by the National Guard Association of Delaware.
Dave Wilson (R) Frank Cooke (D) Bryan Shupe (R) Pete Schwartzkopf (D) Sherry Dorsey Walker (D)
in committee · Delaware · Senate Apr 17, 2024

SB 21: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFICE OF INSPECTOR GENERAL.

Like Senate Bill No. 21, Senate Substitute No. 1 for Senate Bill No. 21 {this Act) establishes an independent and nonpartisan Office of the Inspector General (OIG) and the position of the Inspector General. Under this Act, the OIG would be unique in state government as a non-political agency with a sole mission to investigate and prevent fraud, waste, mismanagement, corruption, and other abuse of governmental resources. The OIG will protect the health and safety of Delaware residents, assist in the recovery of misspent or inappropriately paid funds, and strengthen government integrity and the public trust in government operations by doing all of the following: 1. Investigating the management and operation of state agencies, including the General Assembly, to determine if there has been waste, fraud, abuse, mismanagement, corruption, or other abuse of governmental resources that is harmful to the public interest. 2. Coordinating with other investigative and law-enforcement agencies, including the Attorney General and the Auditor of Accounts (Auditor). 3. Recommending corrective actions and statutory revisions, and, if necessary, make referrals to other law-enforcement agencies. 4. Providing reports to the Governor, Attorney General, and General Assembly, and these reports will be available to the public on the OIG website. The Inspector General will not duplicate the work of the Auditor, Attorney General, Public Integrity Commission, or other investigative or law-enforcement agencies and will work collaboratively, including through memoranda of understanding, with these agencies for the purposes of efficiency and coordination. Specifically, the Inspector General can be distinguished from these agencies as follows: • Under the generally accepted government auditing standards in the Yellow Book produced by the U.S. Government Accountability Office, both financial and performance audits are only designed to detect fraud, illegal activity, noncompliance, abuse, and waste. An auditor determines whether the subject matter meets criteria, reaches reasonable assurance, and follows directive standards. If an auditor detects fraud or other bad behavior, they must report it to an investigation agency. • The OIG will be an entirely independent investigation agency, charged with gathering evidence to identify the individual responsible for the bad behavior identified through an audit and prove that it occurred. For complaints the received from other sources, the OIG will investigate to determine if there is or has been bad behavior. In addition to proving instances of bad behavior, these investigations may also prove that an allegation is false or incorrect. • The OIG will not duplicate the work of existing ombudsperson offices because the OIG is primarily concerned with detecting and preventing fraud, waste, mismanagement, corruption, and abuse of governmental resources while ombuds programs are concerned with violations of the rights and treatment of specific populations. • If the OIG believes, based on an investigation, that there has been or continues to be significant problem regarding fraud, waste, mismanagement, corruption, or evidence of a crime, the Inspector General must report the finding to the Department of Justice (DOJ). If the DOJ does not take action on a referral, the OIG may pursue a civil action on behalf of the State. • The OIG will be unique in State government because the Inspector General is not elected and will be an entirely independent agency. The Inspector General will be selected through a process that requires a Selection Panel to provide 3 names to the Governor for consideration. The Governor will select a nominee from these 3 names for appointment as Inspector General and submit the nominee to the Senate for confirmation. Once confirmed, the Inspector General serves a term of 5 years. In addition, the DOJ is not responsible for providing legal advice, counsel, services, and representation to the OIG. In other states, the financial impact of investigations by the Office of Inspector General has exceeded the annual budget for that office by millions of dollars. Some examples of conduct that have been identified in states where an Inspector General has responsibilities similar to those under this Act include the following: • In Georgia, an agency administrator who faked multiple pregnancies, receiving 265 hours of leave for which she was not otherwise eligible to receive. • Massachusetts has recovered more than $245,000 from 13 former troopers within the State Police for overtime pay they received for hours they did not actually work. • In Indiana, a Department of Child Services worker was found to have falsified case notes regarding child welfare assessments. • In Louisiana, state agencies were found to have wasted more than $500,000 in non-refundable airline tickets that were allowed to expire and lose value. Under this Act, the selection process for the Inspector General begins upon enactment and the work of the Office of the Inspector General must begin upon the appointment and confirmation of an Inspector General or March 1, 2025, whichever occurs earlier. Senate Substitute No. 1 for Senate Bill No. 21 differs from SB 21 as follows: 1. Revises § 9001E(4) of Title 29 so that the General Assembly’s purpose in establishing the OIG aligns with the requirement under § 9005E(b) of Title 29 that the Inspector General work collaboratively with other investigative and law-enforcement agencies, not just the Auditor, for the purposes of efficiency, coordination, and avoiding duplication of work. 2. Clarifies that there is not a preference under § 9003E(d)(1) of Title 29 for OIG staff to have experience with a law-enforcement agency. 3. Adds paragraph (d)(5) to § 9008E of Title 29 to clarify that the Inspector General may reveal information to comply with a court order or subpoena.
Dave Sokola (D) Madinah Wilson-Anton (D) Brian Pettyjohn (R) Kendra Johnson (D) Eric Morrison (D)
in committee · Delaware · House Apr 17, 2024

HCR 112: CONDEMNING FORCED ORGAN HARVESTING PRACTICES IN THE PEOPLE’S REPUBLIC OF CHINA.

This resolution calls on the General Assembly to encourage the Delaware medical community to educate the citizens of Delaware about the forced organ harvesting that occurs in China, in the event they decide to travel to China for an expedited transplant. This resolution also calls on the United States Government to pass laws and regulations prohibiting American medical and pharmaceutical companies from collaborating with Chinese groups that are found to have involvement with forced organ harvesting, as well as banning entry into the United States individuals who have participated in the forced organ harvesting, and allowing prosecution of those persons involved.
Rich Collins (R) Stell Selby (D) Mike Ramone (R) Lyndon Yearick (R) Val Longhurst (D)
in committee · Delaware · House Apr 17, 2024

HB 323: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL MISCHIEF.

This Act expands the crime of “criminal mischief” to include damaging an authorized emergency vehicle, defining them as vehicles of a fire department, fire company, police vehicles, ambulances, as well as vehicles used by a fire chief, chief engineer, or fire police officer of any duly organized fire company in performance of their duties. This Act also makes it a class E felony when the person intentionally damages an authorized emergency vehicle.
Dave Wilson (R) Bryan Shupe (R) Shannon Morris (R) Valerie Giltner (R) Bill Carson (D)
in committee · Delaware · House Apr 17, 2024

HB 361: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL MEAL PROGRAMS.

This Act requires a public school to provide a breakfast meal and a lunch meal free of charge to a student who is eligible for a reduced-price meal. This Act requires the Department of Education to reimburse public schools for the free meals required by this Act by paying the difference between the cost of the free meal provided to a student and the reduced-price meal.
Ed Osienski (D) Frank Cooke (D) Bryan Shupe (R) Valerie Giltner (R) Jack Walsh (D)
in committee · Delaware · House Apr 17, 2024

HB 245: AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT.

The Constitution of the State of Delaware creates 3 branches of State Government, the Legislative, Executive, and Judiciary, each having certain delineated responsibilities or powers within a framework that limits and separates the powers of each branch from the other. The doctrine of separation of powers is a fundamental part of constitutional government. The Justices of the Delaware Supreme Court have, in quoting William Blackstone, recognized that "whenever the [legislative and executive] powers are united together, there can be no public liberty". In re Request of Governor for Advisory Opinion, 722 A. 2d 307 (1998). This Act's purpose is to require the legislative branch to reasonably restrict or confirm the executive branch in its exercise of emergency powers, thereby maintaining a balance or separation of powers between the executive and legislative branches of state government. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 180 days, good governance requires participation by the General Assembly in person or virtually to approve extensions of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly in person or virtually to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed. The time limits proposed by this Act are similar to those limits applicable to emergency regulations under the Administrative Procedures Act, 29 Del. C. § 10119. This Act shall become effective immediately upon the ending of the Governor's term of office next occurring after the enactment of this Act.
Dave Wilson (R) Frank Cooke (D) Bryan Shupe (R) Rich Collins (R) Charles Postles (R)
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