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introduced · Delaware · Senate Mar 22, 2021

SCR 16: REQUESTING THE UNITED STATES CONGRESS PROPOSE AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT TO MAKE CLEAR THAT CONGRESS AND THE STATES HAVE THE POWER AND AUTHORITY TO REGULATE AND LIMIT THE AMOUNTS OF MONEY COLLECTED AND SPENT IN ELECTIONS AND FOR REFERENDUMS AND BALLOT MEASURES.

This Senate Concurrent Resolution requests that the United States Congress propose and send to the states for ratification a constitutional amendment to make clear that Congress and the states have the power and authority to regulate and limit the amounts of money collected and spent in elections and for referendums and ballot measures.
Kyle Gay (D) Mike Smith (R) Paul Baumbach (D) David Bentz (D) Bryan Townsend (D) · 8 co-sponsors
in committee · Delaware · House Mar 18, 2021

HB 17: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVERS LICENSE ISSUANCE FEES, RENEWALS, AND QUALIFICATIONS.

This bill extends the amount of years an identification card is valid from four (4) to eight (8) years. This bill is necessary for the Division of Motor Vehicles to maintain consistent business processes. The driver license is currently valid for eight (8) years, and this change would maintain consistency with the driver license requirement.
Ed Osienski (D) Stephanie Hansen (D) · 5 co-sponsors
in committee · Delaware · House Mar 18, 2021

HCR 14: REQUESTING THAT THE SENIOR PROPERTY TAX CREDIT STATUTORY MAXIMUM BE RETAINED.

This Concurrent Resolution requests that the budget bill prepared by the Joint Finance Committee keep the Senior Property Tax Credit at its statutorily enacted level of the lesser of 50%, or $500, rather than lower the maximum credit amount through epilogue language, until such time as a means-tested program can be implemented.
Jack Walsh (D) Kim Williams (D) Bill Bush (D) · 11 co-sponsors
in committee · Delaware · House Mar 17, 2021

HB 107: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FIRST AMENDMENT RIGHTS OF PUBLIC SCHOOL STUDENTS.

In the 1943 decision West Virginia State Board of Education v. Barnette, 63 S. Ct. 1178, the U.S. Supreme Court held that a public school requirement that students salute the flag or face punishment violated the First Amendment of the Constitution because it compelled students to declare a belief. Under Barnette and similar decisions, current Delaware law, which requires teachers and students to salute and pledge allegiance to the American flag every morning is unconstitutional because it is coercive. State law requires teachers and students to “salute and pledge allegiance to the American flag” every day and imposes a criminal penalty on a principal or teacher who fails to require students to participate in the salute and pledge of allegiance. A New Hampshire law requiring that time be provided during the school day to recite the pledge of allegiance and which specifically provides that students not participating in the recitation of the pledge of allegiance may silently stand or remain seated while respecting the rights of students participating was found constitutional. This Act preserves the requirement that students have the opportunity to salute and pledge allegiance to the American flag each school day but revises the Code so that the requirement complies with the First Amendment of the Constitution. Specifically, this Act does all of the following: Section 1 revises § 4105 of Title 14 to comply with the First Amendment of the U.S. Constitution by requiring schools to provide an opportunity for students to salute the flag and pledge allegiance to the American flag every day. Section 2 adds charter schools to § 4101A of Title 14 to be consistent with the revisions in Section 1 of this Act and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 3 repeals the penalties imposed on a principal or teacher for failure to comply with § 4105 of Title 14. Section 4 repeals the penalties imposed on a principal or teacher for failure to comply with § 4101 of Title 14.
Eric Morrison (D) Paul Baumbach (D) · 4 co-sponsors
signed · Delaware · Senate Mar 17, 2021

SB 22: 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) · 17 co-sponsors
passed · Delaware · Senate Mar 17, 2021

SB 59: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE.

This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.
David Bentz (D) Bryan Townsend (D)
in committee · Delaware · Senate Mar 16, 2021

SB 17: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE OFFER OF AN ULTRASOUND BEFORE TERMINATING A PREGNANCY.

This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."
Rich Collins (R) Bryant Richardson (R) · 6 co-sponsors
in committee · Delaware · House Mar 16, 2021

HB 117: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE STATEWIDE PROGRAM FOR SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

House Bill No. 292 of the 149th General Assembly established a 3 year pilot program (“program”) to implement the recommendations in the 2015 Autism Educational Task Force report. The pilot program revised the Delaware Autism Program toward a system where the statewide Director works in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This Act makes the pilot program permanent and revises the program as follows: 1. Requires the Department of Education ("Department") to administer the program, including hiring the Director. 2. Revises the terminology in the qualifications for the Director to include autism spectrum disorder (“ASD”). 3. Requires the Department to hire 5 training specialists instead of the current hiring requirement that is based on the number of students with an educational classification of ASD. 4. Renames the Parent Advisory Committees to clarify that they are statewide. 5. Revises the responsibilities of the Peer Review Committee to conduct reviews without a request of the Department, to include behavioral procedures in the review, and at the request of the Department, review procedures and programming for students with other educational classifications served in the program. This Act takes effect on July 1, 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Kim Williams (D) Laura Sturgeon (D) · 16 co-sponsors
in committee · Delaware · House Mar 16, 2021

HB 116: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO POST-EMPLOYMENT RESTRICTIONS ON FORMER MEMBERS OF THE GENERAL ASSEMBLY.

This Act is intended to promote, maintain, and bolster the public’s confidence in the integrity of State government, particularly as it relates to the employment of former members of the General Assembly within State government. This Act achieves this goal by prohibiting a former member of the General Assembly from being appointed to or employed in a position in a State agency for 1 year after the former member’s final term of office if either of the following applies: (1) The position was created during the former member’s final term of office. (2) The compensation for the position was increased, other than by an appropriation by the General Assembly that applies to all similarly situated State employees, during the former member’s term of office and the former member did not hold the position during the former member’s term of office. Existing law provides that a former member who knowingly or wilfully violates this Act is guilty of a misdemeanor and may be punished by imprisonment of not more than 1 year and by a fine not to exceed $10,000.
Madinah Wilson-Anton (D) Andria L. Bennett (D) Tizzy Lockman (D) · 9 co-sponsors
passed both · Delaware · House Mar 11, 2021

HCR 13: CELEBRATING THE 109TH ANNIVERSARY OF THE GIRL SCOUTS OF THE USA, THE 59TH ANNIVERSARY OF THE GIRL SCOUTS OF THE CHESAPEAKE BAY COUNCIL, AND PROCLAIMING 2021 AS THE "YEAR OF THE GIRL" IN THE STATE OF DELAWARE.

This concurrent resolution celebrates the 109th anniversary of the Girl Scouts of the USA and 59th anniversary of the Girl Scouts of the Chesapeake Bay Council, and proclaims 2021 as the “Year of the Girl” in the State of Delaware.
Nicole Poore (D) Debra Heffernan (D)
in committee · Delaware · House Mar 11, 2021

HB 58: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PEDESTRIAN SOLICITATION.

Most commonly, persons accused of subsection (a) of this section – panhandling – are homeless. Transferring such matters to the Court of Common Pleas allows persons so accused increased access to social services not available to them at the Justice of the Peace Court.
Frank Cooke (D) Bill Carson (D) Stephen Smyk (R) Bruce C. Ennis (D) · 8 co-sponsors
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