Rep. Bryan Shupe

This Resolution amends the Temporary Rules of the House of Representatives of the 152nd General Assembly to require legislation assigned to a committee be acted on by the committee unless the House prime sponsor or floor manager of the legislation requests the committee to not act on the legislation. If the legislation is not acted on by the committee within 12 legislative days, the legislation must be placed on the agenda for the committee’s next meeting time assigned under Rule 33(a) or a date agreed to by the Chair of the committee and the House prime sponsor or floor manager of the legislation and must be heard and acted on at that meeting. The Chief Clerk shall send notice of legislation reaching its twelfth legislative day in committee without action to the Chair of the committee and the House prime sponsor or floor manager of the legislation. Additionally, this Resolution amends the Temporary Rules of the House of Representatives of the 152nd General Assembly to require legislation reported out of committee and placed on the ready list be placed on an agenda by the Speaker unless the House prime sponsor or floor manager of the legislation requests the Speaker not place the legislation on an agenda. If the legislation is not placed on an agenda within 3 legislative days, the legislation must be placed on the agenda for the next convening of the House of Representatives under Rule 1 or a date agreed to by the Speaker and the House prime sponsor or floor manager of the bill or resolution. The legislation must then be heard and acted on by the House on that legislative day. The Chief Clerk shall send notice of legislation placed on the ready list that has reached its third legislative day without being placed on an agenda to the Speaker and House prime sponsor or floor manager of the legislation.

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.

This bill seeks to create the Expanded Protection for Our Communities and Homes (EPOCH) Grant Program through a one-time appropriation of $20 million. The grant money would be distributed to every Delaware police agency that chooses to participate. The distribution would consist of a minimum standard allocation made to each agency and an allocation based on the number of uniformed officers authorized for each agency. EPOCH grants could be used by the recipient agencies to recruit new officers; promote or encourage careers in law enforcement; initially pay the salaries of newly hired officers; pay for overtime to facilitate additional work to address issues of local concern (including traffic enforcement); and implement programs designed to improve public safety in the area of the agency’s jurisdiction. The grant allocations would be available for the agencies to use for up to three years, after which any unused and unencumbered funding would return to the General Fund.

This Senate Concurrent Resolution designates January 22-28, 2023, as "School Choice Week" in the State of Delaware.

This Act removes the 3 year residency requirement to qualify for the disabled veteran tax credit.

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 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 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.

House Bill No. 293 requires that meetings of public bodies that are open to the public must provide an opportunity for public comment. Meetings of a public body of the General Assembly are excluded from the requirement to provide an opportunity for public comment because under § 9 of Art. II of the Delaware Constitution, the rules of proceedings for legislative meetings are established by the Senate and House of Representatives of each General Assembly. House Substitute No. 1 for House Bill No. 293 differs from House Bill No. 293 by revising the limitations a public body may impose on public comment as follows: 1. It requires that the time for public comment provide a meaningful opportunity for the public to engage with the public body. 2. Allows a public body to impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each person providing public comment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.