Rep. Rae Moore

This Act creates the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of housing insecure undergraduate students at any college or university in Delaware and appropriates $90,000 to the Fund for FY2022. DSHA is charged with administering the Fund and reporting to the Governor and the General Assembly how the funds are spent.

This bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.

In order to lower the cost of energy and accelerate the adoption of community-based solar photovoltaic systems in the State, this bill eliminates current barriers to such systems and sets up a regulatory process to be implemented by the Public Service Commission with consumer protection provided by the Department of Justice. More specifically, this bill: 1. Allows for multiple types of ownership models, defined as “community-owned energy generating facilities," to exist and compete in the marketplace; 2. Increases the maximum size of these systems to 4 megawatts (MW); 3. Eliminates the requirement that all customers of a system must be located on the same distribution feeder; 4. Eliminates the requirement that all customers of a system must be identified before the system can be built; 5. Provides for the regulation of these systems by the Public Service Commission and sets forth the fee and requirements for a Certificate to Operate; 6. Provides compensation to the system owner for 10% or less of unsubscribed energy; 7. Requires each system owner to certify that it serves at least 15% low income customers; and 8. Provides that the Public Service Commission will engage in rule-making in consultation with the Consumer Protection Unit of the Delaware Department of Justice and promulgate rules and regulations by March 11, 2022.

The intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering. Exceptions are provided for the following: - A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract. - A hot air balloon that is recovered after launching. - A balloon that is released and remains indoors. - A balloon that is filled with water for recreational purposes and recovered after recreation. - A balloon that is negligently or unintentionally released. Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows: - The first violation is subject to a civil penalty of at least $25. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation. The mass release of balloons is penalized as follows: - A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service. Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original Senate Bill No. 24 by doing the following: - Making clarifications to the synopsis and the notice to be posted by retail or wholesale establishments. - Providing delayed enforcement for individuals who violate the prohibition of littering with 1 to 4 balloons or the mass release of balloons on or before April 30, 2022. Persons who are not individuals, such as organizations, are subject to the penalties under this Act immediately upon the effective date of this Act. This Substitute also makes technical corrections that were missed in the original Senate Bill No. 24.

This Act represents the consensus agreement among the Department of Safety and Homeland Security, the Department of Transportation, and stakeholders to provide the public with access to de-identified accident data. Access to the crash history of intersections will enable the public to weigh in on development discussions and roadway projects. This Act also clarifies when accident reports may be released and the purposes for which accident reports can be used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee and this Act codifies the existing practice of allowing a state law-enforcement agency to charge a reasonable fee for a copy of an accident report.

This Act provides that the County Attorney of New Castle County, consistent with other department directors of New Castle County government, is appointed by the County Executive with the advice and consent of the New Castle County Council. Pursuant to § 1391 of Title 9, the Office of Law provides legal advice to the County Executive, County Council, and County departments, boards, offices, and agencies. This amendment would require the advice and consent of the County Council in the appointment of the County Attorney. Consequently, this proposed amendment would safeguard against unequal preference to either branch of government when advice is provided.

This Act would revise the definition of Committee to include the Lenape Indian Tribe of Delaware in the body that determines the treatment and disposition of Native American unmarked burials and human skeletal remains. This Act would also add a new definition of a Committee convened by the Director of the Division of Historical and Cultural Affairs to address discoveries of non-Native American unmarked burials and human skeletal remains, including those of enslaved individuals and undetermined cultural affiliation. This Act also adds new definitions for “lineal descendant” and “proven kinship” to replace the undefined term “next of kin.” This Act would also clarify responsibilities of various parties and encourage preservation of unmarked burials in place, consistent with the purposes of the Chapter. This Act would make failure to report a discovery of remains a prohibited act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and removes erroneous references to “subchapter.”

This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students.

This Act clarifies that when a motor vehicle is subject to a possessory lien either through towing or because of failure to make payment to a garage owner for services rendered to the motor vehicle, the possessory lien does not extend to personal property located in the motor vehicle, and such property shall be returned to the owner if the owner claims the items prior to the sale of such vehicle This Act also clarifies that “abandoned personal property” does not include personal property inside an abandoned motor vehicle if the owner of the personal property files an answer to a Petition seeking full title and interest to the personal property.

Year-long teacher residency programs are a partnership between an educator preparation program and a Delaware school district or charter school to provide a year-long immersive experience for teacher candidates, allowing them a full and supported, on the ground experience of teaching in a Delaware school. The teacher resident also receives a stipend while participating in the program, which may be used to defray education and living expenses. These programs are the gold standard for teacher preparation and they assist in attracting and retaining quality, diverse educators. For the last several years, the General Assembly has appropriated funds in the annual budget to support and sustain these programs. This bill codifies the program and establishes guidelines for how and when the funds will be awarded and what they may be used for. The Department of Education continues to be charged with administration of the funds.