Rep. Mike Smith

The constitutional requirement to create new legislative districts following the U.S. Census was intended to ensure equal representation at all levels of government. However, Delaware’s current process of redistricting is deeply flawed. It allows the majority party in each legislative chamber to gerrymander state legislative maps in a self-serving attempt to preserve and expand partisan political power. All other considerations have become secondary in this process. This defect is common to many states and some have tried to address the issue by creating election commissions charged with redrawing legislative lines. The challenge in such a system is ensuring that these commissions can conduct their function in a balanced, objective, and non-partisan fashion. This bill proposes a new method that avoids this significant hurdle by leveraging partisan self-interest to create a protocol that results in an equitable outcome. This fresh approach to reapportionment is described in a paper by 3 Carnegie Mellon University professors entitled: “A Partisan Districting Protocol with Provably Nonpartisan Outcomes.” It utilizes a system analogous to a proven, prudent method for instructing 2 children to fairly divide a piece of cake between themselves. The first child cuts the cake, while the second has the option of selecting which piece he or she wishes to consume. In the protocol outlined in this bill, the two competing parties are the partisan caucuses of each General Assembly chamber. The first caucus will initially draw all the legislative districts, observing established legal redistricting standards. The second caucus will have the ability to “freeze” a set number of the districts, locking their boundaries into place. They will then be able to redraw the remaining districts as they wish, delivering the new maps back to the first caucus. This group will then also engage in the freeze and redraw process, with the cycles continuing until all the districts have been defined. With both sides getting equal “bites of the apple,” each has a practical ability to affect the outcome and a reason to work together to achieve a mutually acceptable conclusion. The bill also includes safeguards to ensure public notification and participation in the process, as well as a contingency to allow the judicial branch to draw the new legislative maps should the General Assembly be unable to achieve the task. This legislation assumes calling the General Assembly into special session to approve the finalized maps, providing enough time for the process to be conducted in a deliberative manner.

This Act requires all schools with a student diagnosed with a seizure disorder to train at least 2 employees in the administration of rescue medication or treatment prescribed to treat a student with a seizure disorder. Training includes the administration of a manual dose of prescribed electrical stimulation using a Vagus Nerve Stimulator magnet. A school nurse employed full-time by a school is not required to meet these training requirements but may serve as 1 of the 2 required employees that are trained in the administration of seizure rescue medications. This Act requires all school employees, bus drivers, and other relevant school personnel, with direct contact and supervision of students to be trained every 2 years in administering first aid to a student suffering from a seizure. Age-appropriate training shall also be provided to all students. A parent of a student diagnosed with a seizure disorder shall collaborate with the school to create a seizure action plan. The seizure action plan shall include written authorization to administer seizure rescue medication or treatment and specific instructions for administering medication and treatment from the student’s health care provider. The seizure action plan shall be effective for 1 school year. The seizure action plan shall be in addition to a § 504 plan or individualized education program if such a plan or program is required. The Department of Education shall adopt required training programs for staff administering seizure medication or treatment that are consistent with training programs and guidelines developed by the Epilepsy Foundation of Delaware or a similar nonprofit. Education programs for school staff and students shall also be consistent with training programs developed by the Epilepsy Foundation of Delaware or similar nonprofit. The Department of Education shall promulgate regulations for the development and content of a seizure action plan and other rules necessary to implement this chapter. Any person that provides assistance under this chapter to a student suffering from a seizure is not liable in any criminal or civil action, unless such acts or omissions are wilful or grossly negligent. This Act is effective immediately and is to be implemented 1 year from the date of the Act’s enactment, or by notice of the Secretary of the Department of Education that final regulations have been published in the Register of Regulations, whichever is earlier.

This legislation establishes that a relief rebate issued under the 2022 Delaware Relief Rebate Program during the period that the federal major disaster declaration exists for the State of Delaware is intended to be a qualified disaster relief payment under § 139 of the Internal Revenue Code. It further provides that the State makes no representations or warranties to recipients regarding the 2022 Delaware Relief Rebate Program and that civil actions of any nature and claims for any form of economic entitlement including but not limited to damages are prohibited with respect to this legislation. This legislation is effective as of the date on which the 2022 Delaware Relief Rebate Program was enacted.

This Act creates a separate offense for the theft of mail, including packages, from a residential dwelling. A first offense of mail theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of mail theft, within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of mail theft is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of mail theft within the previous 5 years is a class F felony, regardless of the value of the property stolen. Where the value of the property is more than $50,000 but less than $100,000, mail theft is a class D felony. Where the value of the property is $100,000 or more, mail theft is a class B felony. Upon conviction, monetary restitution is required and a sentencing judge shall consider the imposition of community service.

This Act removes the up to 10% increase in school property taxes allowed after reassessment

This Concurrent Resolution recognizes January 2023 as Human Trafficking Awareness Month in Delaware

This Concurrent Resolution recognizes January 9, 2023, as "Law Enforcement Appreciation Day" in the State of Delaware.

This Senate Concurrent Resolution honors and recognizes the leadership, achievements, and sacrifices of Dr. Martin Luther King, Jr. and urges all citizens of the First State to participate fittingly in the observance of Dr. Martin Luther King, Jr. Day on January 16, 2023.

This Act reinstates a credit against school taxes of up to $400 for seniors who have been domiciled in Delaware for 3 years or more. After 10 years domiciled in Delaware the credit would increase to $500. Under current law the credit is $500 after 10 years.

This Act expands the Disabled Veterans School Tax Credit to include a deceased disabled veteran's surviving spouse. HB 214 with HA 1, passed by the 151st General Assembly, created the Disabled Veterans Property Tax Relief and Education Expense Fund. School boards are currently authorized to create a credit against school taxes for up to the full amount of school tax liability for property owned by a disabled veteran who meets certain requirements. This Act would allow a disabled veteran's surviving spouse to maintain the credit that their deceased veteran spouse was claiming if their deceased veteran spouse, immediately before death, was both claiming the credit and had not had the right to claim the credit withdrawn and the surviving spouse meets all of the following requirements: (1) Was a titled owner of the qualified property before the deceased veteran’s death. (2) Has not remarried. (3) Owns and occupies the qualified property as their principal residence. A surviving spouse is no longer eligible to maintain the credit if they do any of the following: (1) Remarry. (2) Stop being a titled owner of the qualified property. (3) Stop occupying the qualified property as their principal residence. This Act requires the Secretary of Finance, in consultation with the receiver of taxes and county treasurer, to establish a process to determine the eligibility of a surviving spouse and to allow an eligible surviving spouse to maintain the credit without disruption after the death of their disabled veteran spouse. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.