Delaware Bills

signed · Delaware · House Feb 6, 2020

HB 290: AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2020.

This Act amends the Fiscal Year 2020 Bond and Capital Improvements Act to (1) reauthorize Appoquinimink School District project local shares; (2) redistribute Community Reinvestment Funds from the African American Heritage Institute to the Peoples Settlement Association and the Redding House Foundation; (3) redistribute Municipal Infrastructure Funds to the Ocean View Historical Society and amend the project description for the Town of Laurel; (4) reprogram Department of Correction funding from the Central Violation of Probation Conversion from Level IV to Level V Design and Construction to the JTVCC Perimeter Fence, Motor Pool Building Conversion to a Level V Vocational Skills Training Center, and Maintenance and Restoration; (5) revise the amount used for a feasibility study at Delaware State University and add authorization for renovations of a community building; (6) authorize the Department of Correction to use Maintenance and Restoration funding for drug treatment space, a design and location study for Plummer Community Correction Center, and a conversion of the Central Violation of Probation center; (7) authorize the use of City of Wilmington Education Initiatives funding for recreational equipment at Kirkwood Park for use by Stubbs Elementary School; (8) authorize the State via the Complete Count Commission to enter into a contractual agreement with a non-profit for census activities in Kent and Sussex counties; (9) transfer a Delaware National Guard vehicle storage facility to the City of Harrington; (10) authorize for a transfer of property from the Delaware National Guard to the Department of Natural Resources and Environmental Control; (11) authorize a transfer of property from the Office of Management and Budget to the United States Government; (12) authorize additional reimbursements from the Community Transportation Fund; (13) authorizes the Department of Transportation to enter into contractual agreements with the Riverfront Development Corporation; (14) authorize the Department of Transportation to enter into agreements with the City of Wilmington and the Riverfront Development Corporation related to the redevelopment of South Market Street; (15) authorize the Brandywine School District to use minor capital improvement funds for site planning activities of the Charles W. Bush Early Education Center; (16) authorize the transfer of funds from the Office of Management and Budget to the Town of Laurel; and (17) allocate funding from the Delaware State Housing Authority to the Ministry of Caring.

signed · Delaware · Senate Nov 6, 2019

SB 109: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 20, 2019

HB 241: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

This bill expands the Employment First Oversight Commission by adding the Director of the Division for the Visually Impaired as a member, the Director of the Division of Substance Abuse and Mental Health, and other councils, committees, agencies, organizations and individuals as approved by both the Employment First Oversight Commission and the affected council, committee, agency, organization or individual. This bill further expands the officer’s services from 1 year to 2 years and allows them to be reelected for an additional consecutive term.

signed · Delaware · House Sep 16, 2019

HB 78: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

This Act aims to make the robbery section of Delaware’s Criminal Code simpler and fairer. The Act deletes the carjacking sections and embeds them within the existing robbery statutes to remove duplication from the code. Under this Act, robbery in the first degree includes the theft of a vehicle where there is physical injury or the use, a display or threat of a deadly weapon or death which is a Class B felony; this carries a 3 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Robbery in the Second Degree, a Class E felony, is elevated to a Class D felony if the theft involves a vehicle and elements that pose additional risk to public safety. The Act removes minimum mandatory sentences for some conduct and eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

signed · Delaware · Senate Sep 16, 2019

SB 47: AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

This Act simplifies Delaware’s drug code with a goal of providing more fairness in its application. This Act removes geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas. This Act reduces the number of weight tiers from 5 to 3 with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. This Act reflects the reality that the road to recovery from a drug addiction is difficult by removing automatic sentence enhancements based on prior drug offenses, and instead allowing discretion during sentencing to determine when a repeat offender requires substantive additional penalty. Specifically, Sections 1 through 14 of this Act do the following: (1) Eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property. (2) Eliminate enhancements based on the commission of prior drug offenses. (3) Simplify Delaware’s controlled substance laws by reducing the number of weight tiers that are used to categorize the severity of controlled substance offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 16, 2019

HB 77: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BURGLARY.

This Act aims to make the burglary section of Delaware’s Criminal Code simpler and fairer. The Act consolidates the crime of home invasion with existing burglary statutes. Furthermore, this Act recognizes the sanctity of the home and the varied schedules of 21st century homeowners by treating the burglary of an occupied dwelling the same whether the crime occurs during daytime or nighttime hours. The Act removes minimum mandatory sentences for some conduct, but preserves for home invasion a 6 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Finally, the Act eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

signed · Delaware · House Sep 13, 2019

HB 56: AN ACT DESIGNATING AND NAMING THE PORTION OF U.S. ROUTE 301 COMMENCING AT DELAWARE ROUTE 1 AND TERMINATING AT THE DELAWARE MARYLAND STATE LINE AS FIRST RESPONDERS MEMORIAL HIGHWAY.

This act names the Delaware portion of U.S. Route 301 between Route 1 and the Delaware Maryland State line as First Responders Memorial Highway.

signed · Delaware · Senate Sep 10, 2019

SB 24: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.

This Substitute differs from Senate Bill No. 24 by requiring a patient to apply for a compassionate use medical marijuana card when a doctor recommends medical marijuana to a patient who does not have a qualifying debilitating medical condition. To apply for a compassionate use card, this Substitute requires: 1. The patient, or it under age 18, the patient’s parent or legal guardian, submit a signed statement attesting to the patient's informed consent to try a treatment that does not have medical evidence of effectiveness. 2. The patient’s physician certify that the patient has a severe and debilitating condition, current standard care practices and treatments have been exhausted, and there are grounds to support that the patient may benefit from this treatment. The physician must periodically re-evaluate the efficacy of the medical marijuana treatment. This Substitute also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and compassionate use patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 10, 2019

HB 239: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFORMED CONSENT.

This Act prohibits a pelvic, rectal, or prostate examination by a health care practitioner or professional on an individual who is anesthetized or unconscious. This Act provides exceptions and they are if informed consent is provided, the examination is for diagnostic or treatment purposes, an emergency exists and the examination is necessary, or the examination is ordered by a court. The Act also defines informed consent as a signing of a consent form that is written in plain language, is dated, includes a description of the procedure to be performed and states that a medical student or resident may perform or be present during the examination. Finally, this Act provides that a health-care practitioner or professional who violates the section may be subject to discipline by the appropriate professional licensing board.

signed · Delaware · Senate Sep 10, 2019

SB 78: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CONSENT EDUCATION.

This Act requires that the health education programs presented by the Department of Education include instruction on what it means to "consent" in the context of a sexual encounter.

signed · Delaware · Senate Aug 21, 2019

SB 15: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE.

This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.

signed · Delaware · House Aug 20, 2019

HB 65: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

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.

Bill results