Daily Report for 1/12/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SB 19CommitteeWilsonThis Act makes children with disabilities who attend homeschools eligible to receive speech language pathology and audiology services in the same manner as students who attend private schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXCEPTIONAL CHILDREN IN HOMESCHOOLS.
SB 27CommitteeSokolaThis 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. Sections 2 and 2A of Article II of the Delaware Constitution are unconstitutional because these sections do not apportion seats in the General Assembly so that each vote is equal. This constitutional amendment also repeals § 2B of Article II of the Delaware Constitution because the only purpose of § 2B is to clarify that § 2A of Article II does not impact how delegates are elected to a Constitutional Convention under § 2 of Article II. 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-year 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.AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO THE COMPOSITION OF THE HOUSE AND SENATE.
SB 18CommitteeHockerThis Act allows retail dealers in Sussex County to sell gasoline that does not contain ethanol if the gasoline is being used in watercraft. Sussex County comfortably meets the National Ambient Air Quality Standard for ground level ozone and removing ethanol from marine fuel will have no significant impact on ambient ozone levels. The State of Maryland now allows the sale of non-ethanol gasoline in certain counties that are adjacent to Sussex County. Delaware currently suffers a competitive business disadvantage by not being allowed to sell non-ethanol fuel for vessels.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE SALE OF FUELS.
SB 16CommitteeWilsonThis Act is the first leg of a constitutional amendment to establish the right to hunt and fish in Delaware. Twenty-one other states have preserved the rights of their citizens to hunt, fish, or trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, and Tennessee. This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State. This Act may not be applied to do any of the following: 1. Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body. 2. Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities. 3. Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license. 4. Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.AN ACT PROPOSING AN AMENDMENT TO ARTICLE 1 OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING.
HR 1PassedLonghurst RELATING TO THE ELECTION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
HR 2PassedSchwartzkopf RELATING TO THE ELECTION OF OFFICERS OF THE HOUSE OF REPRESENTATIVES.
HR 4PassedSchwartzkopf RELATING TO PERMANENT PROCEDURES OF THE HOUSE OF REPRESENTATIVES OF THE 151ST GENERAL ASSEMBLY OF THE STATE OF DELAWARE FOR ETHICS VIOLATIONS.
HJR 1SignedSchwartzkopfThis Joint Resolution designates Sheri J. Knott as Bill Clerk of the House of Representatives and Dolores Michels as Assistant Bill Clerk of the House of Representative to serve at the pleasure of the House of Representatives.RELATING TO THE ELECTION OF OFFICERS OF THE HOUSE OF REPRESENTATIVES.
SR 1PassedSokolaThis Resolution establishes the roll of members of the Senate of the 151st General Assembly. RELATING TO THE ROLL OF THE MEMBERS OF THE SENATE.
SR 2PassedSokolaThis Resolution enacts the Rules of the Senate for the 151st General Assembly until further action of the Senate. RELATING TO THE RULES OF THE DELAWARE STATE SENATE.
SR 3PassedTownsendThis Resolution elects David P. Sokola to be the President Pro Tempore of the Senate of the 151st General Assembly. RELATING TO THE ELECTION OF THE PRESIDENT PRO TEMPORE.
HR 3PassedSchwartzkopfThis resolution creates the Permanent Rules of the House of Representatives.RELATING TO THE PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES OF THE 151ST GENERAL ASSEMBLY.
SR 4PassedSokolaThis Resolution elects Ryan C. Dunphy to be the Secretary of the Senate of the 151st General Assembly and appoints Raymond Lewis to be the Assistant Secretary of the Senate of the 151st General Assembly. RELATING TO THE OFFICE OF THE SECRETARY OF THE SENATE.
SR 5PassedSokolaThis Resolution directs the Secretary of the Senate to notify the House of Representatives and the Governor that the Senate of the 151st General Assembly is organized. DIRECTING THE SECRETARY OF THE SENATE TO NOTIFY THE HOUSE OF REPRESENTATIVES AND THE GOVERNOR THAT THE SENATE IS ORGANIZED.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HCR 1PassedSchwartzkopfThis Concurrent Resolution accepts and approves the January 8, 2021, actions of the President of the Senate and the Speaker Pro Tempore of the House of Representatives, declares an emergency under § 5 of Article II and § 1 of Article XVII of the Delaware Constitution, and adopts rules of procedure for conducting virtual meetings of the 151st General Assembly and its legislative committees during an emergency. Specifically, this Concurrent Resolution: (1) Authorizes the Senate or House of Representatives or a legislative committee to convene and conduct a virtual meeting if the President Pro Tempore of the Senate and the Speaker of the House of Representatives issue a public notice that the Senate or House of Representatives or a legislative committee is authorized to convene and conduct a virtual meeting due to an emergency. (2) Provides protections to ensure the integrity of the legislative process and public access and transparency for meetings held virtually. (3) Notwithstanding § 1711 of Title 29 of the Delaware Code, makes clear that the method of convening the General Assembly and the limitations on the length of legislative session are as provided under the Delaware Constitution and the rules of the Senate or House of Representatives adopted under § 9 of Article II of the Delaware Constitution.ACCEPTING AND APPROVING THE JANUARY 8, 2021, ACTIONS OF THE PRESIDENT OF THE SENATE AND THE SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES, DECLARING AN EMERGENCY UNDER § 5, ARTICLE II AND § 1, ARTICLE XVII OF THE DELAWARE CONSTITUTION, AND ADOPTING RULES OF PROCEDURE FOR CONDUCTING VIRTUAL MEETINGS OF THE 151ST GENERAL ASSEMBLY AND ITS LEGISLATIVE COMMITTEES DURING AN EMERGENCY.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Education
Elections & Government Affairs
Environment & Energy
Executive
Judiciary
Legislative Oversight & Sunset
Transportation

House Committee Assignments

No House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Bonner, AmyConfirmedSecretary of the Department of Human ResourcesNew
Cade, CerronConfirmedDirector of the Office of Management and BudgetNew
Clarke, JasonConfirmedChief Information Officer of the Department of Information and TechnologyNew
Majeski, NicoleConfirmedSecretary of the Department of TransportationNew