Delaware 2023 2023-2024 Regular Session

Delaware House Bill HB310 Draft / Bill

                    SPONSOR:      Rep. Chukwuocha & Sen. Gay       Reps. Baumbach, Collins, K. Johnson, Osienski, D. Short; Sens. Hansen, Hocker, Huxtable, Pettyjohn           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 310       AN ACT TO AMEND TITLES 6, 14, AND 29 OF THE DELAWARE CODE RELATING TO THE UNITED STATES SPACE FORCE.      

     

     SPONSOR:      Rep. Chukwuocha & Sen. Gay       Reps. Baumbach, Collins, K. Johnson, Osienski, D. Short; Sens. Hansen, Hocker, Huxtable, Pettyjohn     

SPONSOR: Rep. Chukwuocha & Sen. Gay
Reps. Baumbach, Collins, K. Johnson, Osienski, D. Short; Sens. Hansen, Hocker, Huxtable, Pettyjohn

 SPONSOR:  

 Rep. Chukwuocha & Sen. Gay 

 Reps. Baumbach, Collins, K. Johnson, Osienski, D. Short; Sens. Hansen, Hocker, Huxtable, Pettyjohn 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 310 

   

 AN ACT TO AMEND TITLES 6, 14, AND 29 OF THE DELAWARE CODE RELATING TO THE UNITED STATES SPACE FORCE. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 2502D, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    2502D. Definitions.   For purposes of this chapter:   (3) Military service means:   a. In the case of a servicemember who is a member of the Army, Navy, Air Force,  Space Force,  Marine Corps, or Coast Guard, active duty, as defined in 10 U.S.C. 101(d)(1);   (5) a. Servicemember means a resident of the State or a natural person stationed in the State who is a member of the Army, Navy, Air Force,  Space Force,  Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration, the commissioned corps of the Public Health Service, or the Delaware National Guard.   b. Whenever the term servicemember is used, it shall be treated as including a reference to a legal representative of a servicemember, which shall include an attorney acting on behalf of the servicemember or an individual possessing power of attorney.   Section 2. Amend 122, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    122. Rules and regulations.   (b) The Department shall prescribe rules and regulations:   (28) Developing a process for districts and charter schools to annually identify any enrolled student who is a military-connected youth. For purposes of this section, a military-connected youth means having an immediate family member, including a parent, stepparent, sibling or any other person residing in the same household, who is on active duty in; serving in the reserve component; or recently retired from a branch of the United States armed forces. For purposes of this section, branch of the United States armed forces  means:   means all of the following:   a. United States  Army;   Army.   b. United States  Air Force;   Force.   c. United States Marine  Corps;  Corps.   d. United States  Navy;   Navy.   e. National  Guard;   Guard.   f. United States Coast  Guard;   Guard.   g. National Oceanic and Atmospheric  Administration; or  Administration.   h. United States Public Health Service.   i. United States Space Force.   The identification of a military-connected youth shall not be used for purposes of determining school achievement, growth, or performance. Provided further, the identification of a military-connected youth is not a public record under Delawares Freedom of Information Act (Chapter 100 of Title 29) or any other law and shall not be made public by any person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education.   Section 3. Amend 161A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    161A. Definitions.   As used in this compact, unless the context clearly requires a different construction:   R. Uniformed service(s) means: the Army, Navy, Air Force,  Space Force,  Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.   Section 4. Amend 5935, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    5935. Veterans and members preference.   (a) The rules shall provide for preference to be given to veterans of the armed forces of the United States (Army, Navy, Air Force,  Space Force,  Marine Corps, and Coast Guard) who served as an active member of the armed forces of the United States and were terminated honorably. The rules shall also provide for preference to be given to active and honorably discharged members with at least 20 years of service in either the Delaware National Guard or a reserve unit located within Delaware.      

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 2502D, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  2502D. Definitions. 

 For purposes of this chapter: 

 (3) Military service means: 

 a. In the case of a servicemember who is a member of the Army, Navy, Air Force,  Space Force,  Marine Corps, or Coast Guard, active duty, as defined in 10 U.S.C. 101(d)(1); 

 (5) a. Servicemember means a resident of the State or a natural person stationed in the State who is a member of the Army, Navy, Air Force,  Space Force,  Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration, the commissioned corps of the Public Health Service, or the Delaware National Guard. 

 b. Whenever the term servicemember is used, it shall be treated as including a reference to a legal representative of a servicemember, which shall include an attorney acting on behalf of the servicemember or an individual possessing power of attorney. 

 Section 2. Amend 122, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  122. Rules and regulations. 

 (b) The Department shall prescribe rules and regulations: 

 (28) Developing a process for districts and charter schools to annually identify any enrolled student who is a military-connected youth. For purposes of this section, a military-connected youth means having an immediate family member, including a parent, stepparent, sibling or any other person residing in the same household, who is on active duty in; serving in the reserve component; or recently retired from a branch of the United States armed forces. For purposes of this section, branch of the United States armed forces  means:   means all of the following: 

 a. United States  Army;   Army. 

 b. United States  Air Force;   Force. 

 c. United States Marine  Corps;  Corps. 

 d. United States  Navy;   Navy. 

 e. National  Guard;   Guard. 

 f. United States Coast  Guard;   Guard. 

 g. National Oceanic and Atmospheric  Administration; or  Administration. 

 h. United States Public Health Service. 

 i. United States Space Force. 

 The identification of a military-connected youth shall not be used for purposes of determining school achievement, growth, or performance. Provided further, the identification of a military-connected youth is not a public record under Delawares Freedom of Information Act (Chapter 100 of Title 29) or any other law and shall not be made public by any person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g. Rules and regulations on this subject shall be proposed by the Secretary subject to approval by the State Board of Education. 

 Section 3. Amend 161A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  161A. Definitions. 

 As used in this compact, unless the context clearly requires a different construction: 

 R. Uniformed service(s) means: the Army, Navy, Air Force,  Space Force,  Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services. 

 Section 4. Amend 5935, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  5935. Veterans and members preference. 

 (a) The rules shall provide for preference to be given to veterans of the armed forces of the United States (Army, Navy, Air Force,  Space Force,  Marine Corps, and Coast Guard) who served as an active member of the armed forces of the United States and were terminated honorably. The rules shall also provide for preference to be given to active and honorably discharged members with at least 20 years of service in either the Delaware National Guard or a reserve unit located within Delaware. 

   

  SYNOPSIS   The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.      

 SYNOPSIS 

 The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.