Rep. Larry Lambert

This Resolution expresses the General Assembly's strong support for the Delaware State University Women’s Lacrosse Team, and condemns the actions of the Liberty County Sheriff’s Office in Hinesville, Georgia against the Women’s Lacrosse Team. The Resolution further urges the Governor and General Assembly of Georgia to condemn the actions of the Liberty County Sheriff’s Office, and to take measures to hold those responsible accountable, including providing training and instituting a policy against profiling based on race, ethnicity, religion, or gender.

It has been the case for several decades that when a juvenile is arrested or charged with certain crimes, the child's school is notified with an "Attorney General's letter" regardless of whether the crime occurred on school property or had anything at all to do with school. Children can then face disciplinary consequences in school, including being placed in an alternative setting, or even expelled. Since they face consequences in the justice system, this creates the possibility of double punishment. This Act codifies the notification process, limiting notifications to violent felonies, crimes that occur on school property or at a school event, or where the alleged victim attends the same school. It also requires that when an Attorney General’s report is sent, the Attorney General must send a follow-up report within 2 business days letting the school know how the case was resolved. Under this Act, schools may not take disciplinary action against a child while the charge is pending, and may take disciplinary action after case resolution only where it is necessary to protect the health and safety of the school community. Children who are separated from the school environment unnecessarily are likely to become more involved with the justice system. Schools may offer or require counseling or other services for students who are the subject of an Attorney General’s report. When the alleged victim is at the same school, the school may take safety steps as appropriate. The Act specifies that when a child has an IEP or 504 plan, their disability must be considered in the course of any disciplinary proceedings. Finally, the Act requires Attorney General’s reports be handled confidentially and retained past the case resolution only in specified circumstances.

This Act requires private and public employers in the State to give any employee who is a resident of Delaware and scheduled to work at least 7.5 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote in person. The Act excludes federal employees, individuals engaged in activities for education, charitable, religious, or nonprofit organizations when the employment relationship does not exist or where services are rendered to such organizations gratuitously, and employees who are party to a collective bargaining agreement in which paid time off to vote has been waived. Employees must give employers 2 working days’ notice in advance of an election that the employee intends to use paid time off to vote. Employers must post notice of the rights created in the Act. Enforcement of the Act is through the Department of Labor. Employers who violate the Act are subject to civil penalties ranging from $500-$1,000 and from $1,000-$5,000 if found to have retaliated against an employee for exercising the rights created by this Act. Employees may bring a civil lawsuit for equitable relief and monetary damages. A prevailing employee may also recover costs and attorney’s fees.

This Act requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. For employers with fewer than 10 employees, the time may be unpaid, job-protected time instead of paid time. Accrued earned sick time and safety leave may be used by the employee for time off with pay at the employee’s regular wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee’s family member and other specified purposes. Earned sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. Employers may cap the number of hours earned per year at 40, the carryover from one year to the next at 40 hours, and the maximum earned sick and safety leave at 80 hours. Employers may require employees to have been employed at least 90 days before they may take earned sick leave and safety time. Employers whose benefits packages already meet the minimum requirements of this Act are not required to offer anything additional. The Department of Labor will promulgate regulations governing operation of the Act and will enforce the provisions of the Act. Employers who violate the Act are subject to civil penalty of no less than $1,000 nor more than $5,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act.

This Act, the Healthy Delaware Families Act, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks of paid family and medical leave through the State's paid leave trust fund for a qualifying event, including for the following: (1) To address a worker's own serious health condition. (2) To care for a family member with a serious health condition. (3) To bond and care for a new child. (4) To address the impact of a family member's military deployment. This Substitute to Senate Bill No. 1 differs from Senate Bill No. 1 with regard to the eligibility determination process, covered relationships, length of leave, forms of leave covered, cumulative leave, eligibility criteria, implementation timeline, appeal process, departmental powers, and not requiring participation from certain smaller businesses. This Substitute differs from Senate Substitute No. 1 to Senate Bill No. 1 by making technical corrections, clarifying intent and providing greater statutory detail with regard to appeals, coordination of benefits, definitions, private plans, and departmental powers, and providing temporary flexibility regarding implementation.

This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. Sales covered by this Act are those made at a retail store through an in-person transaction. The Act does not apply to sales of goods or services by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.

This Act seeks to provide consumers with critical information about how their personal information is being used by data brokers. This Act requires data brokers to register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. A fee schedule is established based on the size of the data broker that would fund the enforcement of the statute. Entities or individuals who collect personal information but do not sell or license that personal data are not required to register. Registration only applies to data brokers who sell or license information. The Act prohibits acquiring or providing brokered personal information where it will be used for certain unlawful purposes, or where it was obtained through fraudulent means. The Act requires data brokers to protect brokered personal information.

The Department of Services for Children, Youth and Their Families (DSCYF) is charged with providing transitional and independent living services for youth ages 14 to 21. The Division of Family Services (DFS) contracts for case management services for youth ages 16 to 21, with services designed to promote self-sufficiency and responsible living for young adults who are aging out of foster care. Participants receive life skills training and personal development, mentoring, tuition assistance, and support with transitional housing. Participants may also qualify to receive needs-based stipends through ASSIST (Achieving Self Sufficiency & Independence through Supported Transition) to help with living expenses. DFS recently changed the name of the Independent Living Program to the “Transitional and Independent Living Program” to better reflect the comprehensive nature of services offered to youth. This bill updates references to the program to include “transitional” and independent living services. During the COVID-19 pandemic, the federal government provided additional funding to support young adults who were eligible for independent living services until age 27. The intent was to provide additional support for youth and mitigate the impact of the pandemic on their housing and employment status. DFS exercised this additional funding authority via a mandatory directive from the DFS Director. While the mandatory directive provision expanding services expired in October 2021, DFS decided it would continue providing independent living services for youth until age 23 because of the success observed on behalf of youth. This mandatory directive provision will expire in September 2022, and this bill will grant DFS the statutory authority to continue providing transitional and independent living services for youth until age 23. Expanding independent and transitional living services from age 21 to age 23 better aligns with case management requirements of housing assistance programs, will support youth with transitioning from post-secondary education programs into the workforce, and will help maintain a longer connection to youth required to complete federal reporting for DFS.

Recognizing that a criminal charge can have lasting collateral consequences for a juvenile on employment and education opportunities, this bill raises the age in which a juvenile’s information, such as their name and mug shot, may be released by the state. The bill also seeks to address issues related to the release of such information on publicly-maintained social media pages. This bill seeks to balance both the rights of juveniles and the public’s right to know by saying that the names and photos of juveniles who have been charged and/or found delinquent of Class A misdemeanors, and Title 11 felonies, may only be released when the offending juvenile is 16 or older. This legislation also adds clarifying language to prevent the inadvertent release of sensitive information online that could have lasting impacts on a juvenile long after they have been charged, and in some cases, acquitted, of a crime.

The Act, which shall be known as the 2022 Delaware Relief Rebate Program, creates a “relief rebate” which is a one-time direct payment of $300 per Delaware resident taxpayer. This relief is intended to help Delawareans grappling with significant inflation at the grocery store and gas pump. Payment of the $300 will be made by the Delaware Department of Finance to resident individual income taxpayers who filed a 2020 personal income tax return. This payment will be made to each taxpayer, including those who jointly filed. No action on the part of a taxpayer is required to receive the $300. In order to quickly provide this payment to Delaware taxpayers, provisions pertaining to tax intercepts by other government entities and Delaware State agencies shall not apply. The amount received by individual taxpayers will not be subject to Delaware income taxes. Any written protest for the disallowance of the payment of the $300 relief rebate under this Act shall be processed consistently with existing provisions in Title 30. Records of the Department with respect to the provisions of this Act are subject to existing protections from disclosure under Delaware laws. A timely filed tax return includes extensions. This Act also temporarily suspends the limitation on refunds of taxes under Title 29 of the Code until DEFAC refund estimates include the 2022 Delaware Relief Rebate Program. Costs associated with the administration and issuance of payments under this Act will be funded by delinquent tax revenue authorized to be retained by the Department of Finance in the annual budget act. Finally, this Act requires the Department of Finance to establish a process to provide the relief rebate to resident adults who did not file a 2020 state income tax return by identifying adult residents through existing databases held by other state agencies, such as the Division of Motor Vehicles. The Department of Finance will then work with the Department of Technology and Information to implement a process by which eligible residents who have not been identified by other means can apply for and receive the relief rebate, subject to verification of their identity and eligibility.