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passed both · Delaware · House Jun 29, 2023

HCR 61: TO SUPPORT THE COUNTIES OF THE STATE OF DELAWARE IN THEIR EFFORT TO RESEARCH AND STUDY THE NEEDS AND FINANCES OF THE VOLUNTEER FIRE SERVICES AND PAID AMBULANCE ENTITIES OF THE STATE OF DELAWARE.

This resolution encourages support for the counties of this State in their effort to research and study the needs and finances of the volunteer fire services and paid ambulance entities of the State of Delaware.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Bill Carson (D)
signed · Delaware · Senate Jun 29, 2023

SB 134: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT.

This Act updates the Legislative Oversight and Sunset Act, the governing statute for the Joint Legislative Oversight and Sunset Committee (“JLOSC”), to reflect updated and modern review practices and standards. The more significant changes include: - Establishing the term “entity” to denote the organization that is under review. “Agency” has been the term used, but when discussing JLOSC reviews, “agency” could mean either the organization under review or the more common usage of any State agency. Because JLOSC’s reviews routinely include references to or assistance from State agencies that are not under review, using the term “entity” to mean the organization that is under review creates a distinction intended to avoid confusion. - Clarifying quorum, including the impact of participating virtually in a meeting. - Creating a new type of review, a focused review, to replace the antiquated and rarely-used rules review and distinguish a focused review from a “full review.” A full review is the standard review that JLOSC has historically performed, in which the entire entity is assessed. A focused review, in contrast, looks at specific components within an entity. A focused review is a more efficient assessment when only certain areas of an entity need to be reviewed. - Clarifying JLOSC’s powers and duties, including updating JLOSC members’ duties versus staff duties to reflect current, modern practices. - Clearly establishing 3 types of reports produced in JLOSC’s work: self-reports from the entity under review, staff reports from JLOSC staff, and annual reports from JLOSC summarizing the work performed each year. - Codifying the confidentiality with which JLOSC and its staff have treated records from an entity under review and exceptions or waivers of confidentiality. - Establishing that a record protected against public disclosure under the Freedom of Information Act does not lose its protection by virtue of the entity submitting the record as part of its review. - Clarifying the purpose and standard for conducting a performance evaluation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Some of the types of technical corrections include changing the plural to the singular wherever appropriate and consistent with both the Drafting Manual and § 304 of Title 1; replacing passive voice with active voice; and, to increase readability, breaking down large, block paragraphs into lists where possible.
Sherry Dorsey Walker (D) Rich Collins (R) Stell Selby (D) Bryant Richardson (R) Brian Pettyjohn (R)
in committee · Delaware · Senate Jun 28, 2023

SB 193: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO ALIMONY.

This substitute adds emphasis to the prohibition that interim alimony may not be awarded to a party that is convicted of a violent felony. This Act prohibits an individual from receiving alimony who is convicted of committing a violent felony, where the victim is their spouse or a child under the age of 18 of either party to the divorce or annulment proceeding. Under current Delaware law an individual can abuse their partner or child and may still be awarded interim alimony or alimony. This Act mandates that such an unjust result shall be entirely prohibited.
Dave Wilson (R) Pete Schwartzkopf (D) Shannon Morris (R) Rich Collins (R) Dave Lawson (R)
in committee · Delaware · House Jun 28, 2023

HB 249: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

This Act updates certain statutory fees in Title 7 and establishes or updates certain permit and licensing fees. This Act also replaces and supersedes 1991 Del Laws. Ch. 86 (H.B. 360), An Act to Amend Titles 7 and 23 of the Delaware Code Relating to Permit Fees and Other Assessments Charged by the Department of Natural Resources and Environmental Control and to Authorize and Approve Various Permit Fees and Assessments.
signed · Delaware · Senate Jun 28, 2023

SB 30: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SILVICULTURE.

This Act clarifies what constitutes a sawmill under Delaware law and adds definitions related to agriculture and silviculture. This Act recognizes forest products as unadulterated materials and makes clear their importance to support a thriving industry that maintains sustainable and healthy forests. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Dave Sokola (D)
passed · Delaware · House Jun 28, 2023

HB 119: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

Delaware is one of five states that does not have an open container law, which is in direct violation of federal regulations. This Bill bans open containers of alcoholic beverages in motor vehicles and provides a civil penalty for an offense. A violation of this section would not be entered on an individual’s driving record.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Tim Dukes (R) Bryan Shupe (R)
signed · Delaware · Senate Jun 28, 2023

SB 47: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON LIBRARIES.

This Act is the result of the Joint Legislative Oversight and Sunset Committee's review of the Council on Libraries ("Council"). This Act updates the Council's membership composition, defines quorum, and adds other standard provisions, including member compensation and removal. One of the members that this Act adds to the Council is the president of the Delaware Association of School Libraries. At one time, the Department of Education had an Education Associate for Libraries, Media, and Technology, but that position no longer exists. This Act provides that, should the Department of Education ever re-establish that position or a position similar to it, the re-established position shall take the place of the president of the Delaware Association of School Librarians as a member on the Council. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sherry Dorsey Walker (D) Rich Collins (R) Stell Selby (D) Bryant Richardson (R) Brian Pettyjohn (R)
signed · Delaware · Senate Jun 28, 2023

SB 50: AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL ON WALKABILITY AND PEDESTRIAN AWARENESS.

This Act is a result of the Joint Legislative and Oversight Committee's review of the Advisory Council on Walkability and Pedestrian Awareness ("Council"). This Act codifies the Council, which was first established under Governor Ruth Ann Minner's Executive Order No. 83 (2006), disbanded in 2008, and re-established under Governor Jack Markell's Executive Order No. 54 (2015). This Act also updates the Council's membership, purpose, and goals to reflect current practices and needs.
Sherry Dorsey Walker (D) Rich Collins (R) Stell Selby (D) Bryant Richardson (R) Brian Pettyjohn (R)
in committee · Delaware · House Jun 28, 2023

HB 251: AN ACT PROPOSING AN AMENDMENT TO SECTION 12 OF ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO BAIL.

This is the first leg of a constitutional amendment to protect our communities from gun violence. While there is a legal presumption that people arrested in Delaware will have an opportunity to post bail while awaiting trial, this right is not universal. The state constitution already allows individuals charged with capital offenses (murder) to be held without bail “when the proof is positive or the presumption great” that the defendant committed the crime. This proposed amendment bill would expand this provision to include the charge of possession of a firearm during the commission of a felony. Crime data statistics reveal that the overwhelming majority of arrests for gun crimes involve individuals that have previously been arrested for other felony offenses. Carrying a firearm during the commission of a felony demonstrates a calculated willingness by the perpetrator to use a weapon in the furtherance of his or her criminal activity. By virtue of its availability, someone who makes the conscious choice to carry a gun while engaging in serious illicit acts is more likely to use it to threaten, intimidate, injure, or kill their victims. Allowing people that have been arrested for possession of a firearm during the commission of a felony to be quickly released back into the community undermines the public faith in the criminal justice system and creates a climate of fear and intimidation. This proposed amendment would deny individuals who have demonstrated a willingness to use a gun in the commission of crimes against their fellow citizens an opportunity to commit additional offenses while awaiting adjudication on their pending charges.
Ed Osienski (D) Dave Wilson (R) Tim Dukes (R) Shannon Morris (R) Stell Selby (D)
signed · Delaware · Senate Jun 28, 2023

SB 49: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR'S COMMISSION ON COMMUNITY AND VOLUNTEER SERVICES.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Governor's Commission on Community and Volunteer Services ("Commission"). This Act does the following: - Removes outdated language. - Incorporates federal requirements regarding Commission membership and duties. - Clarifies quorum. - Clarifies that the Delaware State Office of Volunteerism provides reasonable staff support to assist the Commission. - Codifies the duties of the Commission's Executive Director. In Delaware, the Administrator of the State Office of Volunteerism also serves as the Commission's Executive Director. The Executive Director is a nonvoting, ex-officio Commission member and administers staffing services for the Commission. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.
Sherry Dorsey Walker (D) Rich Collins (R) Stell Selby (D) Bryant Richardson (R) Brian Pettyjohn (R)
signed · Delaware · Senate Jun 28, 2023

SB 48: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE PUBLIC LIBRARY TECHNOLOGY ASSISTANCE ACT.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Council on Libraries. This Act repeals the Delaware Public Library Technology Assistance Act because Delaware Division of Libraries no longer issues technology grants.
Dave Wilson (R) Sherry Dorsey Walker (D) Rich Collins (R) Stell Selby (D) Bryant Richardson (R)
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