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.
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 This Act does the following: - Removes outdated language.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.
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.
This Act requires law-enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty to the Office of Animal Welfare that is discovered while performing their responsibilities in child welfare cases. This Act also provides immunity to people who in good faith, report suspected animal cruelty. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill modernizes the First State Quality Improvement Fund (FSQIF) Act, using language from the field of continuous improvement and operational excellence to align with current industry accepted practices. This bill provides improved accountability for the management of FSQIF training programs with the inclusion of the Government Efficiency and Accountability Review (GEAR) program team in partnership with the Department of Human Resources in establishing and maintaining rules and regulations for the use of the fund. This bill also establishes a data driven mechanism to allow the Joint Finance Committee to measure the return on investment of the fund on an annual basis.
This bill allows pensioners to earn $50,000 (instead of $40,000) before incurring a $1.00 deduction to their state pension for every $2.00 earned over that amount.
This bill updates the State’s charter school law to codify the original intent of charter schools to encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community. The substitute bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14 and provides for the ability to hire the leaders and staff that they deem beneficial to the success of the school’s educational program and the needs of students and staff. There are multiple pathways that people can travel to get to their administrative positions and all of their experiences on their journey are beneficial to the education and success of Delaware’s children. To that end, the substitute bill also defines “Instructional Administrator” at a charter school and the necessary experience and education required. It also directs the Department of Education to work with the Professional Standards Board and the Delaware Charter Schools Network to provide for the implementation of regulations for current and future Instructional Administrators in accordance with this bill. This will require modifications to Regulation 1596 Charter School Leader to make corresponding changes to align with the substitute bill if passed and signed into law. The Department of Education will also work with the Charter Schools Network to develop a “qualified alternative certification program” to provide flexibility for charter schools to hire Instructional Administrators working towards the required licensure and certification.
This Act removes the language "in the capacity of Master" from Chapter 9 of Title 7. This language has the effect of prohibiting highly credentialed professionals who have earned the right to captain their own ships, via appropriate United States Coast Guard training, from being provided with a food fishing permit. Removing this criterion would make the existing requirements more flexible and allow families that rely upon fishing as part of their livelihoods to proceed unimpeded by time-consuming and costly requirements.
This Act is a substitute for House Bill No. 167. Like House Bill No. 167, this Act establishes school resource officer units to fund school resources officers in all Delaware public schools. Specifically, this Act funds at least 1 school resource officer in each charter school and in each school in a school district, regardless of enrollment, and provides for additional school resource officers for schools with over 1,000 students. This Act differs from House Bill No. 167 by defining "school resource officer" to include constables commissioned under Chapter 56 of Title 24 of the Delaware Code.
This Act requires the Commissioner, after 25 complaints from residents who reside within one mile of a licensed establishment that sells alcohol regarding a violation of statutory or regulatory requirements, to direct an investigation to the Division of Alcohol and Tobacco Enforcement for an independent investigation. If an investigation finds the complaint credible, and a hearing is necessary, the signatories of the petition will also be provided notice of the hearing and given an opportunity to appear and provide an impact statement.
Currently, an application for a new license to purchase for resale of alcoholic liquor for transfer of an existing license, or for a substantive change to a license or licensed premise, shall be filed with the Commission. This Act amends the definition of "substantive change" to include live music with or without the use of PA systems; and to include external speakers for "piped-in" or pre-recorded music.
This Act is the first leg of a constitutional amendment to require that at least 1 member of the Court of Chancery must be a resident of Kent County and at least 1 member of the Court of Chancery must be a resident of Sussex County. Because the Court of Chancery currently consists of 6 residents of New Castle County and 1 resident of Sussex County, this Act applies beginning with the next vacancy of a member of the Court of Chancery who is a resident of New Castle County to occur, whether by expiration of term or otherwise, or with the next new Vice-Chancellor position created by Act of the General Assembly, whichever occurs first. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
