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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 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)
in committee · Delaware · House Apr 11, 2024

HB 370: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE BUYER PROPERTY PROTECTION ACT.

This Act requires the seller of an interest in residential real property to provide the following to a buyer of the property before closing on the sale of the property: (1) For residential real property that is supplied with potable water by a private well located on the property, a report on the results of testing of the water supplied by the private well that is conducted within 3 months of the signing of a form documenting compliance with the water testing requirements of this Act. (2) For residential real property that is supplied with potable water from a public water system, the results of testing of the water supplied by the public water system performed by the public water supplier that is conducted within 1 year of the signing of a form documenting compliance with the water testing requirements of this Act.
Bryan Shupe (R) Valerie Giltner (R) Russ Huxtable (D) Laura Sturgeon (D)
in committee · Delaware · House Mar 28, 2024

HB 331: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMY SCHOLARSHIPS.

This Act creates a scholarship for students who have completed a Delaware Teacher Academy and are enrolled in a Delaware Educator Preparation Program. This scholarship supplements the Educator Support Scholarship and is intended to fill a $2500 funding gap for aspiring educators who are in their first year at an Educator Preparation Program.
Ed Osienski (D) Frank Cooke (D) Pete Schwartzkopf (D) Sherry Dorsey Walker (D) Jack Walsh (D)
in committee · Delaware · House Mar 27, 2024

HB 346: AN ACT TO AMEND TITLES 10 AND 24 OF THE DELAWARE CODE RELATING TO GENDER-AFFIRMING HEALTH CARE.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming health care. In summary, this Act does the following: (1) Clarifies that medical professionals who provide gender-affirming health care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State; (2) Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization in any civil action or proceeding, with some exceptions; (3) Protects health care providers from out-of-state civil actions relating to gender-affirming health care treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware; and (5) Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services.
DeShanna Neal (D) Trey Paradee (D) Kendra Johnson (D) Eric Morrison (D) Cyndie Romer (D)
in committee · Delaware · Senate Mar 27, 2024

SB 230: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO COMMUNITY CANVASSING.

This Act clarifies that elected officials may not be prevented from engaging in constituent relations and that candidates for public office or staff or volunteers may not be prevented from engaging in election-related or similar activities in residential communities.
in committee · Delaware · House Mar 26, 2024

HCR 98: REQUESTING THE GOVERNOR OF DELAWARE PROVIDE THEIR RECOMMENDATIONS FOR THE FUTURE OF EDUCATION BY ADDRESSING FUNDING, IMPROVING ACADEMIC PERFORMANCE, STANDARDIZED TESTING, AND SCHOOL SAFETY AND CLIMATE TO THE 153RD DELAWARE GENERAL ASSEMBLY.

This resolution requests the Governor of Delaware provide recommendations for the future of education by addressing funding, improving academic performance, standardized testing, and school safety and climate to the 153rd Delaware General Assembly by June 30, 2025.
Dave Wilson (R) Stell Selby (D) Charles Postles (R) Lyndon Yearick (R) Val Longhurst (D)
in committee · Delaware · House Mar 21, 2024

HB 115: AN ACT TO AMEND TITLES 11 AND 16 RELATING TO CIVIL ASSET FORFEITURE.

This Act does all of the following: Requires a conviction before forfeiture. (plea of guilty or no contest, conviction, or dismissal because of completion of a diversion program all count) Puts the burden on the state to prove all facts by clear and convincing evidence. Requires the state to prove by clear and convincing evidence that a non-defendant owner knew about or consented to the unlawful activity before the property may be forfeit. Strikes the presumption that cash with trace amount of drugs on it is presumed to be drug proceeds. Strikes the presumption that money that is in proximity to controlled substances is drug proceeds. The state can still forfeit money if they have other evidence or circumstances that show it is drug proceeds. Prohibits the use of the civil asset forfeiture proceeding for cash in any amount less that $1,000. Changes the process so there is always a hearing before forfeiture. Under current law, there is only a hearing if an owner affirmatively requests one be held. Requires the court to conduct a proportionality analysis prior to ordering a forfeiture – i.e., is the value of the property sought to be forfeit in line with the gravity of the crime. Requires the State to pay reasonable attorney fees to a prevailing party in a forfeiture proceeding. Directs forfeiture proceeds into the General Fund, rather than SLEAF to eliminate the perception that law enforcement might pursue a forfeiture for personal gain. Retains SLEAF and the process of application and distribution, but only where the General Assembly funds it in the regular appropriations process. Makes changes to Title 11 provisions relating to vehicle forfeitures to align with the Title 16 process and the same new procedural protections. Prohibits directing seized property to federal agencies for forfeiture and equitable sharing except for currency in excess of $100,000. Requires the Attorney General to annualy compile and publish a report regarding the number and type of forfeiture cases, case outcomes, and demographic data on persons whose property is seized pursuant to civil forfeiture laws. Directs the Office of Defense Services to provide representation in forfeiture proceedings to a defendant they represent in a related criminal matter.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D)
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