Delaware Bills

signed · Delaware · Senate Jun 3, 2021

SB 61: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RELATED USES OF FARM STRUCTURES IN AN AGRICULTURAL PRESERVATION DISTRICT.

The Agricultural Lands Preservation Act allows existing farm structures that are no longer in use, but which existed when the farmland was placed in the preservation program, to be converted to use for public gatherings under specific limitations. Experience has shown that these existing limitations do not adequately allow for renovation and modernization of these farm structures to accommodate the public gathering uses. This Act provides flexibility so a farm owner may upgrade the otherwise unused farm structures, while continuing to provide protection regarding agricultural activities conducted on the farmland. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jun 3, 2021

SB 45: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act creates a special license plate for members of the nonprofit organization, atTAcK addiction. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jun 3, 2021

HB 128: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXCEPTIONAL CHILDREN.

This Act permits the extension of special education and related services to those students with a disability who turn 21 during the 2020-2021 school year to address unfinished learning as a result of the pandemic which resulted in the COVID-19 Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat declared by the Governor on March 12, 2020. The IEP for the child must be revised to reflect the specific basis for extending services and the specific education and related services that will be provided.

signed · Delaware · Senate Apr 19, 2021

SB 66: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REVOKED LICENSE OR DRIVING PRIVILEGES FEES.

This Act exempts an individual from having to pay the revoked license or driving privileges reinstatement fee if the individual is eligible for and applies for reinstatement of the individual’s license or driving privileges within 1 year of their release from Department of Correction Level V supervision. The purpose of this Act is to limit financial barriers that may impede an individual from successfully reintegrating into the community after that individual has served their time. The ability to legally drive is imperative for an individual to secure and maintain employment, access educational opportunities, and foster family and community connection that may lower recidivism. Additionally, if an individual was incarcerated, the individual likely could not renew their license or driving privileges before the license or privilege lapsed. This Act makes it easier for an individual reintegrating to restore their license or driving privileges. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Apr 13, 2021

SB 57: AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING.

This Act amends the Charter of the Town of Wyoming (“Charter”) to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act: (1) Section 1 changes when newly elected Town Council members take office. Instead of waiting from the date of the election in February until May to take office, new council members would take office at an organizational meeting to be held as soon as possible following the sixth day from the certification of the election. (2) Section 2 simplifies the process for filling a vacancy on Town Council. (3) Section 3 is correlated with Section 1 and clarifies when new council members take office. Additionally, this Section establishes at will employment for all employees who do not have an employment contract. (4) Section 4 clarifies that the Mayor is authorized to vote as a member of Council in all situations and not just to break a tie and establish a majority vote. (5) Section 5 authorizes the Town to hire a Police Chief pursuant to an employment contract and allows the Town to not renew an employment contract without a finding of just cause or holding a hearing under Chapter 93 of Title 11 of the Delaware Code. (6) Section 6 establishes procedures for the Town to hire a Town Manager. (7) Section 7 authorizes the Town to issue quarterly supplemental tax assessment invoices for those properties that have had quarterly supplemental tax assessments completed by Kent County. Invoices paid within 30 days of the mailing of the supplemental tax invoice are to be given a 3% discount, and any invoices paid more than 90 days after the mailing of the supplemental tax invoice are subject to penalties and collection procedures outlined in the Charter. (8) Section 8 allows the Town to make allowances for delinquent taxes. This Section amends the Town’s ability to recover costs associated with collection proceedings to more closely reflect the monition method of collecting outstanding taxes. This Section clarifies that costs or assessments are subject to the lien process. (9) Section 9 authorizes the Town to enforce the removal of snow, ice, and dirt from sidewalks and gutters and authorizes the Town to assess individual members of a homeowners’ association for expenses incurred by the Town to bring property owned by the association into compliance with Town and State laws when the homeowners’ association fails to pay the amounts or has ceased to operate. 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 municipal charter. Finally, this Act makes technical corrections to conform the Charter to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Apr 13, 2021

HB 51: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.

This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act clarifies when the required intensive inpatient or outpatient drug and alcohol treatment, as approved by the Court or the Department of Correction, can take place. The required program may be completed while the offender is on any level of supervision, not just Level V or IV. The treatment program may also be completed by an offender after arrest and prior to adjudication. permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.

signed · Delaware · Senate Apr 13, 2021

SB 39: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION BEFORE JUDGMENT.

This bill clarifies that Probation Before Judgment (PBJ) may be entered for multiple charges arising from a single arrest. Changes to the legislation also allow for a defendant to be permitted Probation Before Judgment more than once in a five year period so long as offenses are in different titles of the Code. For example, a defendant who was granted PBJ in 2017 for speeding (title 21) would be eligible for PBJ on a title 11 charge (e.g. bad check) or title 4 (e.g. underage consumption of alcohol) in 2019. This bill also allows persons who have been adjudicated delinquent of a crime as a juvenile to be eligible for Probation Before Judgment.

signed · Delaware · House Apr 13, 2021

HB 33: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHYSICIAN ASSISTANTS.

This bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. The bill retains a 1:4 ratio of physician assistants to physicians, unless a regulation of the Board increases or decreases the number. This limit of 1:4 does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department. This bill adds 2 physician assistants members recommended by the Regulatory Council for Physician Assistants to the Board of Medical Licensure and Discipline in lieu of 2 public members. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.

signed · Delaware · Senate Apr 13, 2021

SB 32: AN ACT TO AMEND THE DELAWARE CODE RELATING TO DISCRIMINATION.

A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Apr 13, 2021

SB 52: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE SUSSEX COUNTY VOCATIONAL-TECHNICAL HIGH SCHOOL DISTRICT.

Senate Bill No. 52 revises Chapter 26 of Title 14, regarding the Sussex County Vocational-Technical High School District (“District”). Senate Substitute No. 1 for Senate Bill No. 52 differs from Senate Bill No. 52 because it does not change the preferences for student admissions or the eligibility standards for accepted students. Like Senate Bill No. 52, Senate Substitute No. 1 for Senate Bill No. 52 does all of the following: 1. Revises the tax rate for the District and clarifies the acceptable use for the tax revenue. 2. Repeals § 2602(b) of Title 14 because the Tax Rate Review Committee has not been active in decades and it has effectively been replaced by the citizen budget oversight committee created under § 1508 of Title 14. 3. Revises the number of students who may be enrolled in the District. 4. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Apr 8, 2021

HB 20: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.

This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.

signed · Delaware · Senate Mar 30, 2021

SB 69: AN ACT TO AMEND CHAPTER 268, TITLE 82 OF THE LAWS OF DELAWARE RELATING TO DEATH CERTIFICATES.

Under House Bill No. 354, which was enacted by the 150th General Assembly, death certificates may be electronically filed with the Delaware Vital Events Registration System until March 30, 2021. This Act removes the sunset provision, so that death certificates may continue to be electronically filed.

Bill results