Delaware Bills

signed · Delaware · Senate Sep 28, 2020

SB 245: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MORTGAGES.

This Act amends the Real Estate Code to modernize the definition of purchase money mortgage under Delaware law to include lenders other than the seller of the mortgaged property who provide financing to purchase the property. Additionally, this Act extends the time period to record a purchase money mortgage from 5 days to 10 days and explicitly subordinates a mechanic’s lien under Chapter 27 of Title 25 to a purchase money mortgage. Finally, this Act makes technical corrections to conform existing language to the standards of the Delaware Legislative Drafting Manual. Specifically, the existing language of § 2108 of Title 25 is redrafted in § 2018(c) and (d) in this Act.

signed · Delaware · Senate Sep 28, 2020

SB 194: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGE LICENSE APPLICATION.

This Act removes the requirement that applicants for a marriage license state their race as part of the application process. Delaware is one of a small number of states that currently requires this information. In October 2019, the United States District Court for the Eastern District of Virginia ruled that requiring marriage license applicants to provide their race violates the United States Constitution. In Delaware, the Clerks of the Peace, who are the points of data collection, have expressed support for this Act, as has the Office of Vital Statistics in the Department of Health and Social Services. The National Center for Health Statistics ("NCHS") has not requested detailed information from states regarding marriage and divorce since 1996. NCHS only requires states to provide the total number of marriages that occur each month.

signed · Delaware · Senate Sep 23, 2020

SB 169: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE DELAWARE UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT.

This Act adopts the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. This Act addresses an increasingly common form of abuse that can cause severe and often irreversible harm: the disclosure of private, sexually explicit images without consent. Much of the abuse is carried out electronically through internet websites, social media, email, or text messages, making it an interstate problem that is particularly suited for treatment by uniform state laws. This Act provides a uniform, comprehensive, clear, fair, and constitutionally sound definition of this harmful conduct and remedies for the harm it causes. Some intimate images disclosed without consent were originally created with consent or obtained within a confidential relationship. In other cases, the images were originally created or obtained without consent through surreptitious recording devices or other forms of voyeurism, or through theft, computer hacking, coercion, bribery, fraud, or force. Like many existing privacy laws, this Act applies only to sensitive content created or obtained under circumstances in which the individual had a reasonable expectation of privacy. Also similar to existing privacy laws, the Act includes limited exceptions for certain disclosures, including those made in the course of law enforcement, legal proceedings or education, medical treatment, or investigations of misconduct. This Act also includes an exception for disclosures relating to matters of public concern or public interest and disclosures reasonably intended to assist the victim. The Act further notes federal statutory limitations on the liability of providers and users of interactive computer services. The Act is narrowly drafted to avoid imposing liability on a discloser who lacks the requisite awareness of any of these elements: (1) that the image was created or obtained under circumstances in which the individual had a reasonable expectation of privacy or that the image was obtained through theft, bribery, false pretenses, voyeurism, or other wrongful acts, (2) that the individual shown in the image did not consent to the disclosure, or (3) that the individual shown was identifiable.

signed · Delaware · House Aug 25, 2020

HB 353: AN ACT TO AMEND TITLE 19 RELATING TO NON-CHARGING OF COVID-19 RELATED UNEMPLOYMENT BENEFITS TO EMPLOYERS.

This Act would ensure that employers are not charged for the benefit wages of employees who they had to terminate, furlough, or lay off due to the economic shutdown needed to respond to the COVID-19 public health crisis. The intention of the Department of Labor is to use other sources of federal funds to repay the Unemployment Insurance Trust Fund for the COVID-19 related benefits paid to these claimants, instead of charging the employers. It is not the intention to increase taxes on employers, and for most employers, this Act will avoid a significant increase in their unemployment tax assessment rates from COVID-19 related charges.

signed · Delaware · House Aug 25, 2020

HB 351: AN ACT TO AMEND TITLES 29 AND 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION IN RESPONSE TO THE COVID-19 PANDEMIC.

Prior to the pandemic occasioned by the novel coronavirus (COVID-19), approximately 500 initial unemployment claims were filed in Delaware each week. Between March 15 and May 30, 2020, the Department of Labor received over 100,000 initial claims, bringing the average number of pandemic related unemployment, extended and new federal benefit claims to an average of 10,000 per week. Although it is too early to know the total amount of pandemic-related claims that will be appealed to the Board, the massive increase in overall claims is expected to generate a commensurate increase in the number of appeals. Section 1 of this Act authorizes the expansion of the Unemployment Insurance Appeals Board and authorizes it to hold more hearings if and when necessary to hear unemployment insurance appeals and will sunset on June 30, 2021. Section 2 of this Act defers extended benefits under state law until after the payment of pandemic emergency unemployment compensation, as is required by the Federal Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136), Section 2107(a)(5).

signed · Delaware · House Aug 25, 2020

HB 335: AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO RESTRICTED ACCESS TO SAFE DEPOSIT BOXES FOR RETRIEVAL OF DECEDENT’S LAST WILL AND DECLARATION OF LAST REMAINS.

This Act amends Delaware’s probate code by adding a new section to provide restricted access to a decedent’s safe deposit box located in a financial institution and held in the decedent’s sole name, for the limited purpose of retrieving the decedent’s last will and declaration of last remains.

signed · Delaware · House Aug 25, 2020

HB 232: AN ACT TO AMEND TITLE 10 AND TITLE 25 OF THE DELAWARE CODE RELATING TO JURISDICTION OF THE JUSTICE OF THE PEACE COURT AND SUMMARY POSSESSION.

This Act would both raise the jurisdictional limit of the Justice of the Peace Court to $25,000 and allow Justice of the Peace to consider claims in excess of the jurisdictional limit where the underlying matter involves a commercial tenancy and possession of the rental unit is at issue. Currently, if a party is owed rent in excess of the jurisdictional limit they must either submit to the jurisdictional limit of the Court and forego the portion of the claim which exceeds the jurisdictional limit or bifurcate the case, filing both for possession in the Justice of the Peace Court and a debt action in a court of competent jurisdiction. While this Act would increase efficiency in terms of allowing one court to consider all aspects of the case it would in no way preclude a party from bifurcating the action if they chose to do so.

signed · Delaware · House Aug 13, 2020

HB 350: AN ACT TO AMEND TITLE 11 THE DELAWARE CODE RELATING TO CHOKEHOLDS.

This Act creates the crime of Aggravated Strangulation. A person is guilty of Aggravated Strangulation if the person is a law-enforcement officer, and while acting within the person’s official capacity as a law-enforcement officer, knowingly or intentionally uses a chokehold on another person. Under this Act, a chokehold is only justifiable when the person reasonably believes deadly force is warranted in order to protect the life of a civilian or law-enforcement officer. Aggravated Strangulation is a Class D felony unless the law-enforcement officer using a chokehold causes serious physical injury or death to another person thereby elevating the crime to a Class C felony. This Act also makes clear that if a person is charged under this section, such a charge shall not preclude or limit the State or any other prosecuting agency from bringing other criminal charges against the person.

signed · Delaware · House Aug 6, 2020

HB 334: AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS.

Section 1 of the Act addresses statutes under Chapter 33 of Title 12 and (i) amends section 3330 by adding subsections (c) and (d)—to make explicit in subsection (a) of section 3330 the applicability dates that were intended to be carried over from the applicability dates of the pre-2018 version of section 213 of Title 12 when, in 2018, section 213 was re-codified as subsection (a) of section 3330, and to provide a corresponding clarification of the applicability dates of subsection (b) of section 3330; (ii) amends section 3338 to specify that, consistent with the Uniform Trust Code, when a trustor is a party to a nonjudicial settlement agreement, then unless the transfer in trust is an incomplete gift for federal gift tax purposes, the trustor may not represent and bind any beneficiary other than the trustor, and—if the nonjudicial settlement agreement alters any beneficial interest in the trust—all of the trust’s beneficiaries must be parties to the agreement; (iii) amends section 3342 to parallel the changes to section 3338 under this Act—that is, to specify that, consistent with the Uniform Trust Code, unless the transfer in trust is an incomplete gift for federal gift tax purposes, a trustor, a guardian of a trustor, or an agent of a trustor under a power of attorney may not represent and bind any beneficiary other than the trustor with respect to a modification under section 3342, and to make it more clear that all of the trust’s beneficiaries must be parties to the modification; and (iv) amends the provisions of section 3343, to make subsection (a) more clear, to make section 3343’s provisions with respect to section 3313A more clear, to add within new subsection (c)(2) of section 3343 a provision allowing a trustee now excluded from exercising certain powers to be released with respect to the past exercise of such powers as though such trustee were being removed, and by adding a provision to section 3343 that an existing trustee is entitled to 30 days’ notice before changes under section 3343 become effective with respect to the existing trustee’s duties, unless the existing trustee waives the notice period. Section 2 of the Act addresses statutes under Chapter 35 of Title 12 and (i) removes a superfluous word in section 3528; and (ii) amends subsection (a)(2) of section 3585 to make it clear that the report procedure described in that subsection may be used while the trustee is in the process of resigning (and not just after completion of the act of resignation or the effective date of a resignation)—but also conditions the use of the procedure upon the resigning or resigned trustee’s transferring assets to the appropriate successor in interest within a reasonable period of time after expiration of the period within which interested parties may file an action against the trustee under subsection (a)(2), and further provides in subsection (e) that certain actions are not barred against a trustee for administration of assets after the expiration of periods under section 3585. Section 3 of the Act amends Chapter 47 of Title 12 (the Uniform Prudent Management of Institutional Funds Act) to make it clear within section 4703 that sustainable investment strategies aligning with the charitable purposes of the institution are authorized in managing the institution’s funds (thereby corresponding to recent similar amendments to sections 3302 and 3303 of Title 12). Section 4 of the Act provides effective dates.

signed · Delaware · Senate Aug 6, 2020

SB 210: AN ACT TO AMEND THE CHARTER OF LEWES RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of Lewes to give the City Council the authority to impose and collect a lodging tax. This Act requires a two-thirds majority because it revises a municipal charter.

signed · Delaware · Senate Aug 6, 2020

SB 249: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every three years. Existing statutory authorization to collect fees sunsets December 31, 2020. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates to the fee provisions. For 2021-2023, the total fee will be comprised of a base fee, user fee, and a program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. A fee credit implemented to reduce a prior fund balance is allowed to sunset as scheduled. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2021 through 2023 at which point the authority sunsets and would need to be reauthorized.

signed · Delaware · House Aug 6, 2020

HB 269: AN ACT TO AMEND THE CHARTER OF THE TOWN OF OCEAN VIEW RELATING TO COUNCIL TERMS OF OFFICE.

Under the current language of Section 2.301, it is unclear what constitutes a "term" when computing term limits and determining a potential candidate's eligibility when they have previously filled a vacancy on the Council. By adding the proposed language, there will be a clear standard for determining whether a potential candidate has exceeded the two-term limit imposed by the Charter.

Bill results