Rep. Paul Baumbach

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.

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.

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.

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.

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.

This Senate Concurrent Resolution proclaims the month of April 2021 as “Sikh Awareness and Appreciation Month” in the State of Delaware.

This bill establishes a 2-year residential drinking water purification system pilot program to be administered through the Department of Health and Social Services with funding through the Drinking Water State Revolving Fund.

This Act changes the program for distributing payments to county seats with tax-exempt properties owned by the State. Section 8318 of Title 29 directs compensatory payments for exempt properties owned by the State to the county seats, Wilmington, Dover, and Georgetown. This Act authorizes these compensatory payments to any municipality with a population over 25,000 and more than 20% tax exempt property owned by the State. This Act also adjusts the formula under which distributions to municipalities are made. This Act improves the formulas to enable the elimination of specific dollar earmarks and to treat all higher education institutions in the State equally. The Act increases the compensatory payments under this section to each of the 3 county seats, and adds Newark to the program at a much lower payment than the payment provided to the county seats. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act adopts the Agreement to Phase-Out Corporate Giveaways, under which member states are prohibited from offering or providing company-specific tax incentives or grants to an entity as inducement for the entity to physically relocate to the state from a location in a member state. Corporate incentives are among the least effective uses of taxpayer dollars to create and maintain jobs and governments should attract and retain companies based on general conditions, not based on a specific grant for a particular company. The Agreement to Phase-Out Corporate Giveaways creates a level playing field for all employers. This Act takes effect upon the adoption of the Agreement to Phase-Out Corporate Giveaways by 2 or more states. This Act is known as the “Agreement to Phase-Out Corporate Giveaways”.

This bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.