Rep. Mike Smith

This Act is a substitute for Senate Bill No. 42 and Senate Substitute No. 1 for Senate Bill No. 42. Like Senate Bill No. 42 and Senate Substitute No. 1 for Senate Bill No. 42, this Act does all of the following: (1) Section 1 of this Act increases the burial benefit for individuals eligible to receive a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $10,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). (2) As a result of the increase in burial benefit made by Section 1 of this Act, the burial benefit for individuals eligible to receive a pension under the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code), Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code), and the early retirement option for state employees (Chapter 53 of Title 29 of the Delaware Code), and the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 of the Delaware Code, are also increased as these are all linked to the burial benefit amount established under § 5546 of Title 29. (3) Section 2 of this Act removes the requirement that the funeral expenses paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company be reasonable. (4) Section 3 of this Act delays the effect of this Act until October 1, 2023, to provide time to implement this Act after the enactment of the fiscal year 2024 appropriations act containing the funding for this Act. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Substitute No. 1 for Senate Bill No. 42 as follows: (1) This Act increases to $10,000 the amount of funeral expenses paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company. This is consistent with Senate Bill No. 42. (2) Consistent with a legal interpretation of the existing law by state agencies, this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29. However, this Act makes changes to existing law to make this legal interpretation clear.

This resolution congratulates the winning teams from the 2023 Delaware High School Mock Trial Program.

This Senate Concurrent Resolution celebrates the 100th Anniversary of the Delaware State Police and recognizes them for their service to the citizens of Delaware.

This concurrent resolution recognizes April 29, 2023, as "World Wish Day" in Delaware.

This resolution recognizes April 27, 2023, as "Take Our Daughters and Sons to Work Day."

This substitute bill, which makes only technical changes to the original bill, creates a special license plate for the Delaware State Police which will be displayed on the active fleet at the discretion of the Superintendent of the State Police for the 100th Anniversary of the Division.

This Concurrent Resolution designates April 26, 2023, as "4-H Day" in the State of Delaware and calls upon Delaware's citizens to recognize the many contributions of the State's 4-H programs

This Act charges the Department of Safety & Homeland Security, in cooperation with the Department of Natural Resources and Environmental Control and the Department of Transportation, to present a report and plan to the General Assembly no later than October 1, 2023 for a comprehensive motor vehicle noise and abatement program. The agencies are charged with considering developments in technology, other state and federal standards, and proposing changes as necessary to Delaware law and recommendations for changes in equipment and procedures.

This Act requires the State to fund a Mental Health Professional and Mental Health Coordinator position for each district and charter school by the 2024-25 school year. The Mental Health Professional and Mental Health Coordinator must develop partnerships with community-based organizations, work to establish collaborative relationships with the school, families, and local community, create an implementation plan, and undertake an assessment of the district's mental health needs.

This Act prohibits the Department of Natural Resources and Environmental Control from promulgating rules and regulations restricting the sale of fuel-powered cars, trucks, and SUVs in Delaware. This Act does not change the emission standards fuel-powered vehicles must currently meet. The provisions of this bill would be retroactive to March 1, 2023.