| HA 1 to HB 354 | Passed | Morrison | This amendment adds the employer’s actual knowledge of an employee or employee family member’s citizenship or immigration status, in addition to suspected knowledge, to Delaware’s Whistleblower Act. | |
| HA 1 to SB 144 | Stricken | Morrison | This amendment removes “threatening” to commit an act of desecration or cross or religious symbol burning from the definition of those offenses. It also removes damage to “any private property or structure” from the definition of desecration. | |
| HB 392 | Committee | Postles | This bill amends the notice provision of the Administrative Procedures Act to include copies of the regulatory flexibility analysis and the economic impact statement.
It also creates the requirement of an Economic Impact Statement and what it will contain.
Further, the timeline for review of regulations is spelled out with an emphasis on minimizing the economic impact caused by regulations.
| AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES AND THE REGULATORY FLEXIBILITY ACT. |
| HB 393 | Committee | Collins | This Act creates a $280 tax credit for resident individuals with $35,000 or less of taxable income in 2022. The purpose of this Act is to encourage persons to join the labor force and to treat employed, lower income individuals similarly to how House Bill 285 exempted unemployment benefits from being taxed. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE ESTABLISHING A $280 TAX CREDIT FOR DELAWARE RESIDENTS WITH DELAWARE TAXABLE INCOME THAT DOES NOT EXCEED $35,000 FOR THE 2022 TAX YEAR. |
| HB 396 | Committee | Dorsey Walker | It has been the case for several decades that when a juvenile is arrested or charged with certain crimes, the child's school is notified with an "Attorney General's letter" regardless of whether the crime occurred on school property or had anything at all to do with school. Children can then face disciplinary consequences in school, including being placed in an alternative setting, or even expelled. Since they face consequences in the justice system, this creates the possibility of double punishment.
This Act codifies the notification process, limiting notifications to violent felonies, crimes that occur on school property or at a school event, or where the alleged victim attends the same school. It also requires that when an Attorney General’s report is sent, the Attorney General must send a follow-up report within 2 business days letting the school know how the case was resolved.
Under this Act, schools may not take disciplinary action against a child while the charge is pending, and may take disciplinary action after case resolution only where it is necessary to protect the health and safety of the school community. Children who are separated from the school environment unnecessarily are likely to become more involved with the justice system. Schools may offer or require counseling or other services for students who are the subject of an Attorney General’s report. When the alleged victim is at the same school, the school may take safety steps as appropriate.
The Act specifies that when a child has an IEP or 504 plan, their disability must be considered in the course of any disciplinary proceedings.
Finally, the Act requires Attorney General’s reports be handled confidentially and retained past the case resolution only in specified circumstances. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL DISCIPLINE. |
| HB 220 | Committee | Wilson-Anton | This is the first leg of an amendment to the Delaware Constitution to conserve, protect and maintain Delaware’s natural resources, including its water, air, soil, flora, fauna, ecosystems and climate. This Amendment would create an inherent and inalienable right for all Delawareans to a clean and healthy environment. The Amendment would also declare that the State, including all of its branches, agencies, and political subdivisions, as trustee of the State’s natural resources. By enacting this amendment Delaware would join other States which have or are seeking similar provisions, in their respective Constitutions, creating the same inherent and inalienable rights for their citizens. | AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROTECTING DELAWARE’S NATURAL RESOURCES. |
| SB 150 | Committee | Pinkney | This Act creates the Office of Corrections Ombudsperson (Ombudsperson or Office) within the Department of Justice. The purpose of the Ombudsperson is to do all of the following:
1. Provide information to inmates and their families.
2. Promote public awareness and understanding of the rights and responsibilities of inmates.
3. Identify systemic problems and recommend solutions.
4. Ensure compliance with relevant laws, rules, and policies pertaining to correction facilities, services, and treatment of inmates.
Under this Act, the Ombudsperson may investigate and attempt to resolve any situation if the health, safety, welfare, or a right of an inmate of the Department of Correction (Department) may be adversely affected by any of the following:
1. Abuse or neglect.
2. A Department decision or administrative action.
3. A Department inaction or omission.
4. A Department policy, rule, or procedure.
5. A violation of law.
The Ombudsperson may not investigate a complaint relating to an inmate’s underlying criminal conviction or complaints from employees that relate to their employment relationship with the Department, unless the complaint is directly related to the health, safety, welfare, or a right of an inmate. An individual may file a complaint with the Ombudsperson whether or not the individual pursued resolution of the complaint through the internal grievance, administrative, or appellate procedures within the Department.
The Ombudsperson shall treat all matters under investigation, including the identities of recipients of Ombudsperson services, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the Ombudsperson to perform the duties of the Office and to support any recommendations resulting from an investigation. To the extent the Ombudsperson reasonably believes necessary, the Ombudsperson may reveal information obtained in the course of providing Ombudsperson services for any of the following purposes:
1. To prevent reasonably certain death or substantial bodily harm.
2. To prevent the commission of a crime.
3. To report an alleged commission of a crime to the appropriate law-enforcement agency.
At the conclusion of an investigation of each complaint, the Ombudsperson must issue a public decision on the merits of the complaint, but the public decision must not contain documents that are confidential, including personnel matters. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes an employee of the Department or the Department, the Ombudsperson shall consult with the Department, and as appropriate, that individual or contractor. While the Law-Enforcement Officers’ Bill of Rights (LEOBOR) does not cover correctional officers or employees of the Department, this Act provides that if a provision of this subchapter conflicts with LEOBOR, the requirements of this subchapter apply. The Ombudsperson may request to be notified by the Department, within a time specified, of any action taken on any recommendation presented. The Ombudsperson must notify the complainant, and the inmate if the inmate is not the complainant, of the actions taken by the Department in response to the Ombudsperson’s recommendations. This Act provides that a Department employee may not be subject to disciplinary action based solely on an investigation under this subchapter if the individual’s conduct was in compliance with Department policies and procedures at the time of the conduct.
This Act also requires that the Ombudsperson produce an annual report that contains all of the following:
1. The number of complaints received and the number of complaints resolved.
2. A description of significant systemic or individual investigations or outcomes achieved by the Ombudsperson during the prior year.
3. Any outstanding or unresolved concerns or recommendations of the Ombudsperson.
4. Input and comments from stakeholders, including the Council on Correction, regarding the Ombudsperson’s activities during the prior year. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF CORRECTIONS OMBUDSPERSON. |
