Rep. Frank Cooke

This resolution recognizes the Easterseals/CAI Volleyball Challenge occurring March 9 at William Penn High School and April 20 at Delaware State University, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families.

This Act permits the Division of Motor Vehicles to refuse to renew the registration of a vehicle that is operated in violation of the law requiring stopping for school buses as evidenced by School Bus Safety Cameras.

This Act is the first leg of a constitutional amendment to increase the number of Justices of the Supreme Court to 7 and to require that of the 7 Justices appointed to the Supreme Court, at least 2 must be residents of Kent County, at least 2 must be residents of Sussex County, and at least 2 must be residents of New Castle County. The seventh Justice may be from any county. Sections 2 and 3 of this Act make necessary conforming amendments to the Delaware Constitution based on the increase in the number of Justices of the Supreme Court. Section 2 of this Act also removes the unconstitutional restrictions limiting the appointment of judges to the Supreme Court, Court of Chancery, and Superior Court to members of the two major political parties. This amendment is in response to the stipulated consent judgment and order entered in James R. Adams v. The Honorable John Carney, C.A. No. 20-1680-MN (D. Del.), Jan. 30, 2023. Because the Supreme Court currently consists of 4 residents of New Castle County and 1 resident of Sussex County, Section 4 of this Act requires that of the 2 Justices of the Supreme Court seats created by this Act 1 must be a resident of Kent County and 1 must be a resident of Sussex County. Section 4 of this Act also provides that the requirement that at least 2 Justices must be residents of New Castle County, Kent County, and Sussex County applies beginning with the next vacancy of a Justice of the Supreme Court to occur, whether by expiration of term or otherwise. 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.

This Concurrent Resolution recognizes Ramadan and Muslim residents of this State as they observe Ramadan.

This is the first leg of a Constitutional Amendment to constitutionally authorize 10 days of early in-person voting in Delaware. Additionally, at least 21 in-person early voting places, with 1 being located in each State Senate District, are required. Further, this Constitutional Amendment requires all administrative or procedural laws, rules, policies, or regulations applicable to safeguarding the security of in-person voting that apply to the general election shall be applicable to in-person early voting days.

This Concurrent Resolution recognizes March 5, 2024, as Alpha Phi Alpha Fraternity, Incorporated or “Alpha Phi Alpha Day at the Capitol” in Delaware. It honors Alpha Phi Alpha Fraternity, Incorporated as an organization that has provided a voice and a strong vision to the struggle of African Americans and people of color in the State of Delaware and around the world.

This Senate Joint Resolution asks the Delaware Department of Natural Resources and Environmental Control to require irrevocable pre-construction decommissioning bonds be posted, developers commit to landfilling decommissioned turbine components in Maryland, and Aircraft Detection Lighting Systems be deployed for any offshore wind project with power transmission lines coming ashore in Delaware’s Coastal Zone as a condition of permit approval. Any permit issued without these terms will be automatically null and void.

This Act creates the Joint Committee on Oversight of Agency Regulations (“Committee”) to engage in review and oversight of regulations adopted by State agencies. Like laws in states such as Colorado and Utah, this Act does all of the following: (1) Requires that all regulations adopted by an agency between each November 1 and October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (2) Establishes criteria for the Committee’s review of State agency regulations. (3) Establishes a process for the Committee’s review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly. (4) If the Committee recommends a regulation not be allowed to expire, requires the Committee to draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire. (5) The Committee Chair, Vice Chair, and members receive the same additional compensation as the Joint Legislative Oversight and Sunset Committee.

This Act creates penalties for misrepresentation of a service animal under the Delaware Equal Accommodations Law and misrepresentation of an assistance animal under the Delaware Fair Housing Act. The language of these penalties is different because under both federal and State law, a broader range of animals must be allowed as a reasonable accommodation in housing to an individual with a disability and more disability-related information may be requested, than in places of public accommodation. However, the penalties are the same: a first violation is a civil penalty in the amount of $500 and each subsequent offense is an unclassified misdemeanor. In addition, this Act updates the terms, definitions, and requirements for assistance animals under the Delaware Fair Housing Act to align with federal law and makes corresponding changes to the Residential Landlord-Tenant Code. This Act also makes corresponding changes and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act does not require a greater than majority vote for passage because Superior Court already has jurisdictions over all criminal violations under Chapter 46 of Title 6.

This Act enhances the General Assembly’s oversight of regulations adopted by state agencies by doing all of the following: (1) Making clear that the Registrar of Regulations is required to provide notice of each regulation proposed by a state agency to each member of the appropriate standing committee of each House of the General Assembly and to provide any comments collected from members of the standing committee to the state agency. (2) Making clear that the Chair of a standing committee may also schedule a committee meeting during the regular session of the General Assembly to consider a rule, regulation, or amendment to a rule or regulation that impacts or is within the subject-matter jurisdiction of the committee. (3) Requiring the Chair of a standing committee to hold a committee meeting when a majority of the members of a standing committee of either House of the General Assembly believe in good faith that the rule, regulation, or amendment to a rule or regulation impacts or is within the subject-matter jurisdiction of the committee and the committee should meet to consider the rule, regulation, or amendment to a rule or regulation. (4) Making clear that a standing committee or joint committee may draft legislation to propose action by the General Assembly related to recommendations made by the committee. (5) Making clear that a standing committee or joint committee may request the President Pro Tempore of the Senate or Speaker of the House of Representatives to call from recess of a special session the Senate, the House of Representatives, or the General Assembly, as the case may be. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.