Rep. Paul Baumbach

This Act allows any qualified voter evidencing a desire to vote by mail in writing to the State Elections Commission to vote by mail in primary, general, and special federal elections. The State Elections Commission shall administer the program, creating rules and regulations that allow processing and scanning of mail ballots ahead of Election Day without tabulation until Election Day, dropping off mail ballots at any polling place on Election Day and dropping off mail ballots in a secure drop box of each county Department of Elections office before and leading up to Election Day.

This Act permits a school district to conduct on the last day of January an optional unit count of pupils who enrolled after the actual unit count was conducted and certified by the Department of Education. A school district will qualify for one-half of the value of the Division I and Division II state financial support for each additional unit under the optional unit count.

This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.

This Act is the first leg of an amendment to the Delaware Constitution to prohibit the imposition of the death penalty. 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 when the General Assembly amends the Delaware Constitution.

This Act revises the requirements for the shape of a Complete Community Enterprise Districts (“District”) to maximize the use of transit, walking, and bicycling by residents and employees. Specifically, this Act does all of the following: 1. Eliminates the minimum size. 2. Requires the District to contain more than 1 parcel and that part of at least 1 parcel be within a ½ mile from a bus or rail stop or station. 3. Requires the District to include adjacent neighborhoods within a ½ mile from a bus or rail stop or station. 4. Prohibits a district from being in the shape of a linear corridor and requires that each parcel of land in the District is zoned to maximize the use of transit, walking, and bicycling. 5. Requires that a District be part of a master development plan that maximizes the use of transit, walking, and bicycling by residents and employees. This Act also repeals the definition of "isoperimetric quotient" because the term is being removed and replaced with paragraphs (3), (7), and (9) of § 2104 of Title 2, in the revised requirements for a Complete Community Enterprise District.

This bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees earn more than 50% of their income from tips or gratuities. This bill clarifies that employers may continue to pay a tipped minimum wage to primary direct service employees under this bill. Employers cannot direct employees to engage in tip pooling in Delaware—tip pooling arrangements must be controlled by the employees themselves. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities.

This Act prohibits the import, export, sale, transport, distribution, or propagation of any plant identified by the Secretary of the Department of Agriculture, with the advice of the Delaware Native Species Commission, as an invasive plant. This Act also requires that plants identified as potentially invasive be sold with a tag that identifies the plant as potentially invasive. A violation of this Act may result in a civil penalty of $50 to $500, but only after the person has had the opportunity for an administrative hearing and the opportunity to come into compliance with this Act. This Act takes effect July 1, 2022.

Current Delaware regulations provide that transportation benefits must be provided for students in grades K through 6 who live 1 or more miles from the schools to which district administrators would normally assign them. In grades 7 through 12, the same students are entitled to transportation benefits if they live 2 or more miles from their assigned public schools. See 14 Del. Admin. C. § 1150-12.1. This Act expands transportation benefits to students in grades 7 and 8 who live 1 or more miles from the public schools to which district administrators would normally assign them. This Act takes effect 1 year after enactment. It also and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill amends Chapter 33, Title 18 of the Delaware Code by adding a new § 3370D to require coverage of an annual behavioral health well check. This bill also amends Chapter 35, Title 18 of the Delaware Code by adding a new § 3571X to require coverage of an annual behavioral health well check. This bill also amends Chapter 5, Title 31 of the Delaware Code by adding a new § 528 to require coverage of an annual behavioral health well check. This bill also amends Chapter 52, Title 29 of the Delaware Code by adding a new § 5212 to require coverage of an annual behavioral health well check.

In 2009, New Hampshire was the first state to develop a statewide “Gun Shop Project,” reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project’s primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for licensed deadly weapons dealers and consumers in Delaware The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Gun Shop Project’s annual report in the Coalition’s annual report. The Division of Substance Abuse and Mental Health, which staffs the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.