The Delaware Code does not currently contain any explicit direction for public schools relating to school absences for observance of religious holidays. This Act requires schools to excuse a pupil's absence for observance of a religious holiday, and further requires districts and charters to have a policy discouraging teachers from scheduling tests, presentations and the like on days where some students may be absent for a religious holiday. A pupil who does miss a grading event must be allowed to make-up the test or otherwise recover credit. The Department of Education is directed to promulgate rules and regulations relating to implementation of this Act, including a list of holidays on which an absence for religious observance must be excused.
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This Act codifies a reasonableness requirement for the use of force, both non-lethal and lethal. This is important when the state of mind is an issue in a criminal trial, such as when the judge or jury must decide as to what someone believed, knew, or intended at a given time. The justification law as currently written uses the term “defendant believes” throughout its several sections. This Act makes it clear that the determination of one’s state of mind is an objective standard —that is, what a reasonable person would have believed, rather than what the defendant believed. Additionally, this Act makes clear that deadly force includes the use of a chokehold.
This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Provides definitions of terms used on traffic control devices that limit the size or weight of vehicles or prohibit the operation of trucks or other commercial vehicles on the highway, including terms that provide exceptions to posted prohibitions, including “local service” and “residential service”. (2) Requires the Secretary, and a municipality exercising its authority under § 134(e) of Title 17 (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limits as to the weight of trucks or other commercial vehicles on designated highways), to submit an order issued under this Act to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (3) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (4) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (5) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.
This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools.
This Act is the first leg of an amendment to the Delaware Constitution to enable the General Assembly to designate who is responsible for providing notice of a proposed amendment to the Constitution and how the notice is disseminated. This change gives the General Assembly flexibility in the dissemination of the notice, particularly as technology advances. This Act also changes the timeframe of dissemination from 3 months to between 120 and 90 days. House Bill No. 131 implements the procedure for notice of a proposed amendment to the Delaware Constitution based on the authority granted by this Act. 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 resolution honors the life of Sean Locke and recognizes all loss survivors of suicide. It further urges increased awareness of the need for more mental health resources for those suffering from depression and increased support for the loss survivors. This resolution further honors the life and memory of Sean Locke.
This Concurrent Resolution directs the General Assembly to work with DNREC, DSWA, and RPAC to identify funding for the Recycling Grants and Low Interest Loan Program. It also encourages further outreach and education on the importance of recycling electronic devices.
This resolution recognizes October 13, 2021 as "Metastatic Breast Cancer Awareness Day" in Delaware and encourages awareness among Delawareans.
This Act provides an August 1 deadline for minor political parties to nominate candidates for a general election. This change is necessary because under current law, the deadline for notification for candidacy for general elections is the same as the deadline for nomination of candidacy from primary elections. Thus, when House Bill No. 30 changes the date for primary elections from September to April, the deadline for minor political parties to nominate candidates for a general election also changes. This Act extends the deadline for minor political parties who are not required to nominate candidates for primary elections until August 1 in the year before the general election. It also revises the names of Part III and Chapter 33 so it is clear which elections are governed by each. This Act takes effect on January 2, 2024, the day after House Bill No. 30 is enacted, and does not take effect if House Bill No. 30 is not enacted. As such, this Act is drafted using the versions of the statutes as amended by House Bill No. 30. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Concurrent Resolution establishes the Subdivision Street Funding Task Force to study and make findings and recommendations regarding funding and implementing the needed maintenance and reconstruction of subdivision streets identified by the Department of Transportation in the “Subdivision Street Report and Analysis” provided in response to House Concurrent Resolution No. 4 (151st General Assembly).