Delaware Bills

signed · Delaware · House Jul 23, 2019

HB 246: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSES.

This bill adds the intentional touching of another person with semen to the definition of sexual contact. By doing so, the act of a person intentionally touching another person with semen without consent becomes the crime of unlawful sexual contact third degree.

Ernesto B. Lopez (R) Nicole Poore (D) Val Longhurst (D) · 10 co-sponsors

signed · Delaware · House Jul 23, 2019

HB 230: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH CARE CLAIMS DATABASE.

This Act allows the Delaware Health Information Network ("DHIN") to enter into an appropriate agreement with the State Council for Persons with Disabilities (“SCPD”) to provide access to all claims data reported to the Delaware Health Care Claims Database. The SCPD’s Brain Injury Committee (“BIC”) has been discussing the BIC’s need for data with the DHIN for over a year and the DHIN and the SCPD found that utilizing existing data collection systems is more cost-effective and efficient than setting up a separate registry for Delaware’s Traumatic Brain Injury (“TBI”) patients. Access to current and accurate TBI data from the Delaware Health Care Claims Database will assist the SCPD to do the following: 1. Enhance the ability to identify scope of service needs and gaps in services. 2. Enhance the ability to leverage federal funds because past grant opportunities were denied, in part, because of a lack of reliable and useful Delaware data. 3. Incorporate the use of the data into research studies on the effectiveness of services provided, return on efforts, and cost-effectiveness.

signed · Delaware · House Jul 23, 2019

HB 234: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

This Act gives the Delaware Secretary of State the authority to promulgate rules and regulations for the implementation of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 23, 2019

SB 142: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ADULT ESTABLISHMENTS.

This Act prohibits a new adult entertainment establishment or adult-oriented retail establishment from operating in a building in which an adult entertainment establishment or adult-oriented retail establishment previously operated. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 23, 2019

SB 14: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF THE PUBLIC ADVOCATE.

This Act clarifies that the Public Advocate may appear before any federal or State court or federal or State administrative body in matters involving public utility rates, services, and practices of public utilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Senate Substitute No. 1 for Senate Bill No. 14 differs from Senate Bill No. 14 by allowing the Public Advocate to provide public comment before only State regulatory agencies and commissions and simplifying the language regarding the hiring of attorneys, as needed.

signed · Delaware · Senate Jul 23, 2019

SB 41: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.

This Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10.

signed · Delaware · Senate Jul 23, 2019

SB 148: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.

This Act creates the Redding Consortium for Educational Equity ("Consortium"), which replaces the Wilmington Education Improvement Commission ("WEIC"). The Consortium has multiple purposes. First, it will recommend policies and practices to the Governor, General Assembly, and Secretary of Education regarding educational equity and educational outcomes in the City of Wilmington and northern New Castle County. Second, the Consortium will monitor educational progress and outcomes for students in the City of Wilmington and for all low-income, English learners and at-risk students in northern New Castle County and report on the same. Third, the Consortium will make recommendations to the Governor and the General Assembly regarding improvement in public education in the City of Wilmington and northern New Castle County. Fourth, it will evaluate the need for additional or alternative educational facilities in the City of Wilmington. Fifth, it will develop policy proposals to be introduced through legislation to improve teaching and learning in district and charter schools in the City of Wilmington and northern New Castle County. Sixth, it will develop a proposal for redistricting in the City of Wilmington and northern New Castle County. Seventh, it will research the viability of the New Castle County Tax District and Tax Pool. The Act specifies who will be appointed to the Consortium and how it will be staffed. Its first meeting must occur on or before September 1, 2019.

signed · Delaware · House Jul 23, 2019

HB 139: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO USE BY NEW CASTLE COUNTY OF THE MONITION METHOD OF SALE FOR THE COLLECTION OF DELINQUENT TAXES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES.

This Act will enable New Castle County to collect delinquent sewer service charges under the procedures established by Chapter 87 of Title 9 for the collection of delinquent county taxes. Under the existing method for New Castle County established by Chapter 22, Subchapter II (Monition Method of Sale in New Castle County), of Title 9 for the collection of delinquent sewer service charges, a jury trial must be held if the property owner or an interested party submits an affidavit of defense denying the service charges in whole or in part. In addition, under Section 2211 of Title 9, County Council must first levy the delinquent sewer service charges as an assessment prior to the institution of any legal proceedings. This Act removes the existing sewer monition method of sale in its entirety and will enable New Castle County to collect delinquent sewer service charges in the same manner as taxes are collected under the less burdensome and more efficient monition method of sale established by Chapter 87 of Title 9.

signed · Delaware · House Jul 23, 2019

HB 222: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REORGANIZATION OF SCHOOL DISTRICTS.

This Act allows the State Board of Education to change or alter boundaries of reorganized school districts. It allows the State Board of Education to do so based upon redistricting recommendations from the newly formed Redding Consortium for Educational Equity ("Consortium"). It requires the Consortium to provide its recommendations through a transition, resource, and implementation plan for redistricting, the contents of which are specified in the Act.

signed · Delaware · Senate Jul 23, 2019

SB 172: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DELAWARE TECHNICAL AND COMMUNITY COLLEGE.

This Bill is a housekeeping measure to correct the name of the Delaware Technical and Community College as was intended in earlier legislation.

signed · Delaware · Senate Jul 23, 2019

SB 51: AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO CONTRACTS.

The Town Council for the Town of Millsboro determined that the way they award contracts should be improved. The amount that initiates the process is increased from $20,000 to $50,000 to better reflect the current cost of ordinary purchases that the Town must make. This Act also allows the Town of Millsboro to have the ability to award a contract to a bidder other than the lowest bidder while also laying out the factors that the Town Council must use in determining who is a responsive and responsible bidder in accordance with their bid vetting process.

signed · Delaware · House Jul 23, 2019

HB 231: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LIVESTOCK AT LARGE.

This Act authorizes the Department of Agriculture to impose civil penalties consistent with the amounts imposed in other states when livestock have been found to have run at large on the public highways or on unenclosed land within the State. This Act adds a provision as exists in the Delaware False Claims Act, 6 Del. C §1204(f), allowing for the enforcement as judgments of administrative orders that are final and no longer subject to judicial review. Lastly, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results