This Resolution recognizes and commemorates the 50th anniversary of the National Wild Turkey Federation and acknowledges its significant contributions to wildlife management, habitat conservation, and outdoor traditions in the State of Delaware.
This Act updates the Legislative Oversight and Sunset Act, the governing statute for the Joint Legislative Oversight and Sunset Committee (“JLOSC”), to reflect updated and modern review practices and standards. The more significant changes include: - Establishing the term “entity” to denote the organization that is under review. “Agency” has been the term used, but when discussing JLOSC reviews, “agency” could mean either the organization under review or the more common usage of any State agency. Because JLOSC’s reviews routinely include references to or assistance from State agencies that are not under review, using the term “entity” to mean the organization that is under review creates a distinction intended to avoid confusion. - Clarifying quorum, including the impact of participating virtually in a meeting. - Creating a new type of review, a focused review, to replace the antiquated and rarely-used rules review and distinguish a focused review from a “full review.” A full review is the standard review that JLOSC has historically performed, in which the entire entity is assessed. A focused review, in contrast, looks at specific components within an entity. A focused review is a more efficient assessment when only certain areas of an entity need to be reviewed. - Clarifying JLOSC’s powers and duties, including updating JLOSC members’ duties versus staff duties to reflect current, modern practices. - Clearly establishing 3 types of reports produced in JLOSC’s work: self-reports from the entity under review, staff reports from JLOSC staff, and annual reports from JLOSC summarizing the work performed each year. - Codifying the confidentiality with which JLOSC and its staff have treated records from an entity under review and exceptions or waivers of confidentiality. - Establishing that a record protected against public disclosure under the Freedom of Information Act does not lose its protection by virtue of the entity submitting the record as part of its review. - Clarifying the purpose and standard for conducting a performance evaluation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Some of the types of technical corrections include changing the plural to the singular wherever appropriate and consistent with both the Drafting Manual and § 304 of Title 1; replacing passive voice with active voice; and, to increase readability, breaking down large, block paragraphs into lists where possible.
This substitute adds emphasis to the prohibition that interim alimony may not be awarded to a party that is convicted of a violent felony. This Act prohibits an individual from receiving alimony who is convicted of committing a violent felony, where the victim is their spouse or a child under the age of 18 of either party to the divorce or annulment proceeding. Under current Delaware law an individual can abuse their partner or child and may still be awarded interim alimony or alimony. This Act mandates that such an unjust result shall be entirely prohibited.
This Act is the result of the Joint Legislative Oversight and Sunset Committee's review of the Council on Libraries ("Council"). This Act updates the Council's membership composition, defines quorum, and adds other standard provisions, including member compensation and removal. One of the members that this Act adds to the Council is the president of the Delaware Association of School Libraries. At one time, the Department of Education had an Education Associate for Libraries, Media, and Technology, but that position no longer exists. This Act provides that, should the Department of Education ever re-establish that position or a position similar to it, the re-established position shall take the place of the president of the Delaware Association of School Librarians as a member on the Council. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is a result of the Joint Legislative and Oversight Committee's review of the Advisory Council on Walkability and Pedestrian Awareness ("Council"). This Act codifies the Council, which was first established under Governor Ruth Ann Minner's Executive Order No. 83 (2006), disbanded in 2008, and re-established under Governor Jack Markell's Executive Order No. 54 (2015). This Act also updates the Council's membership, purpose, and goals to reflect current practices and needs.
This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Governor's Commission on Community and Volunteer Services ("Commission"). This Act does the following: - Removes outdated language. - Incorporates federal requirements regarding Commission membership and duties. - Clarifies quorum. - Clarifies that the Delaware State Office of Volunteerism provides reasonable staff support to assist the Commission. - Codifies the duties of the Commission's Executive Director. In Delaware, the Administrator of the State Office of Volunteerism also serves as the Commission's Executive Director. The Executive Director is a nonvoting, ex-officio Commission member and administers staffing services for the Commission. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.
This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Council on Libraries. This Act repeals the Delaware Public Library Technology Assistance Act because Delaware Division of Libraries no longer issues technology grants.
This Act is a substitute for House Bill No. 224. Like House Bill No. 224, this Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by more closely aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3). This Act differs from House Bill No. 224 in that it makes additional changes to the definition of “firearm” to further align it with the definition of “firearm” used in the federal criminal background check law, by doing the following: (1) Using “means” instead of “includes”. (2) Including that a weapon is a firearm if it may readily be converted to discharge a shot by an explosive force. (3) Adding frame or receiver of a firearm.
This resolution celebrates the 75th anniversary of Camp Barnes and its dedication to the youth of the State of Delaware.
This resolution requests that the Department of Natural Resources pause its ongoing process of promulgating California ACCII regulations. The Department is requested to determine the fiscal impacts of imposing the ACCII regulations on Delawareans. A further request is made that the Department evaluate the approach taken by Pennsylvania and Colorado, two states that, like Delaware, have chosen to follow California vehicle emissions regulations under Section 177 of the U.S. Clean Air Act. The Department is also requested to evaluate the protocol observed by 33 other states in following the EPA vehicle emission regulations. A report is requested to be provided to the General Assembly by March 15, 2024. Until the delivery of the report, it is requested no further action be taken towards promulgating the proposed ACCII regulations.
