Daily Report for 2/19/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 102CommitteeKowalkoThis 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.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
HB 109CommitteeD. ShortThis Act is the first leg of a Constitutional Amendment reflecting the recommendations of the Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) on Potential Fiscal Controls and Budget Smoothing Mechanisms established as per House Joint Resolution 8 of the 149th General Assembly (Panel). This Act would build upon the State’s existing appropriation limit methodology by moving the Budget Reserve Account into a newly defined Budget Stabilization Fund, defining rules for deposits to and withdrawals from said Budget Stabilization Fund, and adding a check of the appropriation limit against an index comprised of relevant indicators of growth of the State’s economy. The Panel further recommended that any final adoption of the structural budget reforms included in this Act be accompanied by statutory enactment of structural reforms to the Personal Income Tax by broadening the tax base as initially recommended by the DEFAC Advisory Council of Revenues report dated May 2015 and further detailed in the Panel’s report dated June 1, 2018.AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII, § 6 OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON APPROPRIATIONS.
HB 107CommitteeBaumbachIn the 1943 decision West Virginia State Board of Education v. Barnette, 63 S. Ct. 1178, the U.S. Supreme Court held that a public school requirement that students salute the flag or face punishment violated the First Amendment of the Constitution because it compelled students to declare a belief. Under Barnette and similar decisions, current Delaware law, which requires teachers and students to salute and pledge allegiance to the American flag every morning is unconstitutional because it is coercive. State law requires teachers and students to “salute and pledge allegiance to the American flag” every day and imposes a criminal penalty on a principal or teacher who fails to require students to participate in the salute and pledge of allegiance. A New Hampshire law requiring that time be provided during the school day to recite the pledge of allegiance and which specifically provides that students not participating in the recitation of the pledge of allegiance may silently stand or remain seated while respecting the rights of students participating was found constitutional. This Act preserves the requirement that students have the opportunity to salute and pledge allegiance to the American flag each school day but revises the Code so that the requirement complies with the First Amendment of the Constitution. Specifically, this Act does all of the following: Section 1 revises § 4105 of Title 14 to comply with the First Amendment of the U.S. Constitution by requiring schools to provide an opportunity for students to salute the flag and pledge allegiance to the American flag every day. Section 2 adds charter schools to § 4101A of Title 14 to be consistent with the revisions in Section 1 of this Act and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 3 repeals the penalties imposed on a principal or teacher for failure to comply with § 4105 of Title 14. Section 4 repeals the penalties imposed on a principal or teacher for failure to comply with § 4101 of Title 14. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FIRST AMENDMENT RIGHTS OF PUBLIC SCHOOL STUDENTS.
HB 108CommitteeRamoneThis act restores the $500 senior real property tax credit.AN ACT TO AMEND VOLUME 82, CHAPTER 242, SECTION 68 OF THE LAWS OF DELAWARE RELATING TO THE SENIOR REAL PROPERTY TAX CREDIT.

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Economic Development/Banking/Insurance & Commerce
Education

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

No Records