Sen. Tizzy Lockman

This bill is intended to advance sustainable energy goals and initiatives in Delaware and to restore Delaware as a leader in renewable, sustainable energy. First, this Act builds on the Renewable Energy Portfolio Standards Act, which was first enacted into law in 2005, by setting new standards for the minimum percentage of electric energy sales from eligible energy resources and solar photovoltaics. Second, this bill contains the “Community Sustainable Energy Authorities Act,” which authorizes incorporated municipalities, towns, and counties and the Delaware Sustainable Energy Utility to create authorities to develop, promote, and operate community sustainable energy projects.

Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. This Act is the first leg of a constitutional amendment to add race, color, and national origin to the Article I, § 21 of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. This Act requires a greater than majority vote for passage because Article XVI, § 1 of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.

This Act repeals a provision in the State Employees’ Pension Plan that included participants in the Division for the Visually Impaired’s (“DVI”) Business Enterprise Program (“BEP”) in the State pension plan. BEP participants are meant to be independent blind entrepreneurs operating their own vending facilities in federal and state properties, as authorized by the Randolph-Sheppard Act (20 U.S.C. § 107 et seq.). DVI recruits, trains, licenses, and places individuals who are blind as BEP vending facility operators on state or federal properties. Participation in BEP is under permit or contract. Participants are not State employees; including them in the State Pension Plan or payroll system does not comply with the Randolph-Sheppard Act. This Act is a result of the Joint Legislative Oversight and Sunset Committee's 2019 review of and task force on the Division for the Visually Impaired. The Rehabilitation Services Administration, the federal agency that monitors BEP, recommended removing blind vendors from all state pension and payroll systems. Once enacted, this Act takes effect as of January 1, 2020. DVI removed BEP vendors from the State’s payroll system as of January 1, 2020. New applications for BEP are not pending as of the date this legislation is released.

Juneteenth National Freedom Day commemorates June 19, 1865, the date news finally reached African Americans in Galveston, Texas that Abraham Lincoln had issued the Emancipation Proclamation freeing slaves living in Confederate states. In 2000, Chapter 269 of Volume 72 of the Laws of Delaware designated the third Saturday in June as Juneteenth National Freedom Day, a special day to be commemorated in this State by appropriate ceremonies. This Act designates the third Friday in June, Juneteenth National Freedom Day, as a legal holiday. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act ensures that the consumer protections for Delawareans related to residential mortgage foreclosure put in place during the COVID-19 state of emergency do not cease immediately upon the lifting of the COVID-19 state of emergency, but instead continue for a short period of time during the COVID-19 recovery period. The COVID-19 recovery period runs until the sixty-first day following the termination of the COVID-19 state of emergency. This Act is intended to set the ceiling for what restrictions may be placed on residential mortgage foreclosures during the COVID-19 recovery period. This Act is written to give the Governor flexibility to carry out the legislative will of protecting Delawareans while not regulating property more than necessary given the market needs and conditions. If additional executive orders are issued to further ratchet down or slowly ease the transition back to normal operations, those are the protections that will be in effect during the COVID-19 recovery period. This Act sunsets on the sixty-first day following the termination of the COVID-19 state of emergency.

This Bill amends Title 11 to require that custodial interrogations of children, at a place of detention, by a law enforcement officer, be electronically recorded. The Bill requires the law enforcement officer to prepare a written explanation if the interrogation is not electronically recorded. No electronic recording is required if the child refuses to be interrogated if the interrogation is recorded. The Bill contain an exception if the safety of the child, law enforcement officer or informant would be jeopardized. The prosecution has the burden of proving one of the Bill's exceptions for the admission of a child's statement that was not electronically recorded. Both law enforcement officer and agency have civil immunity for implementing and enforcing provisions of Bill. This Bill will become effective 6 months after enactment.

This Act is the first leg of a constitutional amendment that repeals the provisions regarding legislative districts that were found unconstitutional in the 1960s by the Supreme Court of the United States and the United States District Court for the District of Delaware. These sections of the Delaware Constitution are unconstitutional because the sections do not apportion seats in the General Assembly so that each vote is equal. This Act replaces the unconstitutional provisions with the existing redistricting requirements established under Chapter 8 of Title 29, which meet the requirements under the Constitution of the United States. Specifically, the requirements for legislative districts are as follows: 1. The House of Representatives is comprised of 41 members, chosen for 2 year terms. 2. The Senate is comprised of 21 members, chosen for 4 years terms, except that terms are staggered at the first biennial general election following redistricting so that 10 Senators are elected for 2 year terms and 11 Senators are elected for 4 year terms. 3. The General Assembly must determine the boundaries of legislative districts using the following criteria: contiguous territory; nearly equal in population; bounded by major roads, streams, or other natural boundaries; and do not unduly favor any person or political party. 4. The General Assembly must redistrict whenever necessary after each federal decennial census. This Act also repeals the obsolete process in the Constitution that has the Governor and chairs of 2 political parties conduct the redistricting. Current law does not provide a specific process by which the General Assembly redistricts legislative districts, so this Act provides the General Assembly with the power to enact general laws establishing rules and procedures for redistricting. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill creates the Public Employee Sexual Violence Act which allows public employees who have suffered sexual violence in the workplace the ability to file an action against the perpetrator and the employee even if the applicable statute of limitations has run. This Act defines sexual violence and provides when a public employee who suffered sexual violence by a supervisor may file suit against an employer. This Act will allow a public employee who was a victim of sexual violence 1 year from the effective date to file claims in Superior Court.

This Act removes the broad exemption in the Freedom of Information Act for the University of Delaware and Delaware State University and creates the following specific exemptions for some records of public institutions: 1. Confidential letters or statements related to admission, employment, or honors. 2. Proprietary information related to study or research. 3. Personal fundraising strategies relating to and confidential financial and personal information about identifiable donors or prospective donors. 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 § 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 corporation for educational purposes sustained in whole or part by the State, including the University of Delaware and Delaware State University.

This Concurrent Resolution recognizes the class of 2020’s challenge faced due to the COVID-19 pandemic in Delaware