Rep. Lyndon Yearick

This bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 waives the 13-week waiting period for the state to "trigger on" to pay extended unemployment benefits in periods of high unemployment. Section 2 establishes the 2021 new employer assessment rate, average industry assessment rate, and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 extends the provisions in H.B. 352 from the 150th General Assembly authorizing the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to deal with the effects of COVID-19 and implement federal programs providing unemployment benefits to respond to COVID-19. Section 4 exempts unemployment compensation benefits received in 2020 from the calculation of Delaware adjusted gross income so that unemployment claimants will not have to pay state taxes on the benefits they received during the pandemic.

This Concurrent Resolution recognizes January 9, 2021, as "Law Enforcement Appreciation Day" in Delaware.

This amendment to the House Rules requires a three-fifths vote of the members of the House in order to suspend the House Rules. The primary purpose of the House Rules is to establish a reasonable and orderly process for the consideration of legislative proposals to be addressed by the House of Representatives. Suspension of Rules should only be necessary in unusual situations. This change will require a broad consensus (three-fifths) of all members of the House of Representatives in order to suspend rules. Since a three-fifths requirement cannot be done via a simple voice vote, and must be performed with a roll call, this change will also increase transparency by ensuring that every legislator will have their vote on the action recorded and available for public review.

Title 3 and Title 7 do not currently define the term “farm” and Title 3 does not currently define the term “farm operations.” This Act defines “farm” and “farming operations” for the purposes of Title 3 and Title 7. This Act amends the definition of “farm operations” in Title 7 to make it consistent with the definition added to Title 3. Under this Act, “farm” means the land, buildings, and machinery used in a farm operation; “farm operations” means a condition or activity that occurs on a farm in connection with the production of agriculture, livestock, dairy, poultry, or aquacultural products for sale and has annual sales of at least $2,000.

This Concurrent Resolution requests that the Secretary of the Department of Transportation provide a report within 30 days of final passage of this Concurrent Resolution to the President Pro Tempore of the Senate, Speaker of the House of Representatives, Controller General, Director of the Division of Research of Legislative Council, Governor, and Director of the Office of Management and Budget that includes the amount of funds needed to adequately repair and maintain subdivision streets within the Capital Transportation Program without reliance on the Community Transportation Fund.

Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

This Act increases the non-refundable income tax credit from $400 to $500 for active members of Delaware volunteer fire, ambulance, or rescue service company or its auxiliary. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill codifies portions of the Second and Nineteenth Modifications of the Governor's Declaration of State of Emergency due to COVID-19 concerning food and drink establishments. Food and drink establishments suffered great losses since March, 2020 due to the pandemic including millions of dollars in lost sales and the loss of an estimated 30,000 jobs in this State. This purpose of this bill is to continue efforts to try and mitigate the losses this industry has suffered. This bill does all of the following: (1) allows an entity that has a valid on-premise license to sell alcohol to continue to alcoholic beverages as part of transactions for take-out, curbside, or drive-through food service so long as certain conditions are met; (2) allows a licensee to continue to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions; (3) allows the Commissioner to temporarily suspend a license only if the Commissioner has reasonable grounds to believe that public's safety is at risk and there has been a violation of the law; and (4) allows the Commissioner to hold hearings by electronic, telephonic, or remote means. This Act is effective until March 31, 2021. Any expansion of outdoor seating for serving of food and drinks that meets the requirements of the Paragraph A.2 of the 19th Modification of the State of Emergency Declaration, or any subsequent modification that increases total outdoor seating capacity, is not a substantive change through March 31, 2021 even if the State of Emergency is no longer in effect, which means no additional applications are required.

This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.