Rep. Sean Lynn

This bill provides for research or transplantation of organs and other anatomical gifts as authorized under federal law among donors who have tested positive for exposure to HIV and intended recipients who have also tested positive for exposure to HIV. Delaware is currently the only state that has laws prohibiting the use of HIV positive organs for HIV positive recipients entirely, including the use of organs as part of a research protocol.

To establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in Delaware, this bill establishes an Independent Redistricting Commission for the State of Delaware. The Commission will be responsible for drawing the boundaries of Delaware's legislative districts every ten years, following each decennial census. A pool of twenty-four potential Commission members shall be selected by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool will consist of eight current or former Delaware attorneys or former Delaware judges and sixteen other citizens of Delaware. The pool must include eight candidates from each of the State’s two largest political parties and eight candidates that are not a member of either of the State’s two largest parties. Prior to selection of Commission members, the following individuals shall each have the opportunity to strike one candidate from the pool: the Speaker of the House, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Secretary of State will draw by lot until the following conditions are satisfied: 1) The Commission will have nine members, three of whom must be current or former attorneys or former Delaware judges, and six of whom must be other Delaware citizens. 2) Three members of the Commission shall be members of the State’s largest political party, three shall be members of the State’s second largest political party, and the remaining three shall not be a member of either of the State’s two largest political parties. Eligible candidates may not be, and may not have in the five years prior to appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting, and from registering as a federal or state lobbyist for five years following the term as a Commissioner. A preliminary plan must be prepared by the Commission for public distribution, and four public hearings must be held before a Final Redistricting Plan and Report is approved by the Commission. The Delaware Supreme Court shall have original and exclusive jurisdiction to resolve challenges to the Final Redistricting Plan adopted by the Commission.

Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—often without so much as charging you with a crime. This Act protects individual liberty and property rights by standardizing forfeitures across all crimes, simplifying procedures, and addressing counterproductive incentives in the law that distort policing priorities. Importantly, this Act does not change the authority of law enforcement to seize property suspected of being associated with crime or limit in any way prosecutors’ ability to charge and prosecute suspected criminals. Moreover, it ensures that those individuals proven guilty of a crime do not keep the fruits of their crime. In doing so, it strikes the right balance between the individual property rights and public safety.

This Act ensures victims of crime are afforded as much information as is available to assist them through the trial, sentencing, and post-conviction phases of a criminal case.

This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.

This Act is a first leg of a constitutional amendment that would eliminate from the Delaware Constitution the limitations as to when an individual may vote by absentee ballot. This amendment to the Delaware Constitution provides that the General Assembly shall enact general laws providing the circumstances, rules, and procedures for absentee voting.

An individual's housing status should not be a basis for discrimination. This bill establishes a "Homeless Individual's Bill of Rights" that provides rights to protections for individuals experiencing homelessness, including protections from discrimination while in public and while seeking access to housing, employment, and temporary shelter. This bill vests important investigatory and enforcement authority with the State's Division of Human Relations and the State Human Relations Commission, similar to their roles with Delaware's Equal Accommodations Law and Delaware's Fair Housing Act.

Under current Delaware law, every adult operating or riding a motorcycle is required to have a helmet in his or her possession while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet. This Act requires that every person, regardless of age, who operates or rides a motorcycle wear a helmet while doing so. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. Of the 49 motorcycle fatalities in Delaware since 2014, just over half of the motorcyclists, 28, were wearing helmets at the time of the crash.

This Act would remove the broad exemption that the University of Delaware and Delaware State University currently receive under the state Freedom of Information Act. In recognition of the sensitive nature of some records held by public universities, this Act would also add some specific exemptions for public universities. Specifically, confidential letters or statements related to admission, employment or honors would not be a public record for purposes of FOIA. Universities would not be required to disclose scholarly research or information related thereto where such information is of a proprietary nature. Finally, certain information related to fundraising activities would be protected from disclosure. Delaware’s FOIA, as currently written, already exempts personally identifiable student information protected by the federal Family Educational Rights and Privacy Act (FERPA).

This joint resolution rejects the report of the Delaware Compensation Commission in its entirety.