A minor child that is a qualifying patient may need, in addition to their parents, a designated caregiver who is not their parent when the parents work and cannot regularly get to school to administer medicine. This bill expands the class of persons who can be designated caregivers to a minor qualifying patient. This bill would allow grandparents, aunts, uncles, and siblings, all over age 21, as persons who may be designated caregivers for a minor patient.
Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act.
This Act seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive state funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a “match tax”, to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.
Section 1 of this Act updates Delaware’s existing Motor Voter Program to adopt an automatic voter registration process. Currently, when Delawareans apply for, renew, or replace a driver’s license or identification card, they must choose to register to vote, update an existing registration, or decline registration. This bill would require eligible voters to instead “opt out” of having their information automatically shared with the Delaware Department of Elections for registration. Six states and the District of Columbia have enacted similar opt out policies. A portion of Section 1 (specifically, § 2050(b), Title 15) and Sections 2, 3, and 4 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual with no intent to change the substance of these sections.
Under current Delaware law, every adult operating or riding a motorcycle is required to have a helmet in his or her possession while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet. This Act requires that every person, regardless of age, who operates or rides a motorcycle wear a helmet while doing so. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. Of the 49 motorcycle fatalities in Delaware since 2014, just over half of the motorcyclists, 28, were wearing helmets at the time of the crash.
This bill adds the Department of Correction, Bureau of Prisons and Bureau of Community Corrections' vehicles to the list of "authorized emergency vehicles" identified in Chapter 41 of Title 21 that are afforded certain privileges when responding to an emergency.
This Act would remove the broad exemption that the University of Delaware and Delaware State University currently receive under the state Freedom of Information Act. In recognition of the sensitive nature of some records held by public universities, this Act would also add some specific exemptions for public universities. Specifically, confidential letters or statements related to admission, employment or honors would not be a public record for purposes of FOIA. Universities would not be required to disclose scholarly research or information related thereto where such information is of a proprietary nature. Finally, certain information related to fundraising activities would be protected from disclosure. Delaware’s FOIA, as currently written, already exempts personally identifiable student information protected by the federal Family Educational Rights and Privacy Act (FERPA).
Subchapter III, Chapter 68, Title 7 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.
This Act amends the Fiscal Year 2017 Bond and Capital Improvements Act to 1) authorize the expenditure of prior year Community Redevelopment Funds for public safety purposes in the City of Wilmington; 2) clarify the applicability of prevailing wage provisions on Community Transportation Fund and Municipal Street Aid projects; 3) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects 4) allow for the use of certain operating funds of local school districts as a match for school construction; 5) allow Cape Henlopen to transfer certain unobligated major capital improvement funds for the Sussex Consortium Building project; and 6) to authorize the Office of Management and Budget to execute loand collateral-related documents related to the New Castle County Courthouse parking facility
This Act continues the reforms enacted over the past 4 years by restructuring Chapter 11 of Title 12, and adopting in substance many provisions from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission. In addition, this Act adopts certain recommendations from the Delaware Unclaimed Property Task Force formed under Senate Concurrent Resolution No. 59 of the 147th General Assembly, and makes significant changes to the State’s unclaimed property law to bring greater predictability, efficiency, and fairness to the State's unclaimed property reporting process and compliance initiatives. More specifically, these changes include reducing the look-back period of all voluntary disclosure agreements and audits to 10 report years, and creating a 10 year statute of limitations for the State to seek payment of unclaimed property due to the State. In addition, this legislation aligns the State’s record retention requirement for companies with the statute of limitations and look back period, which brings State law into conformity with a majority of other states. This Act also offers any company currently under audit prior to July 22, 2015, the opportunity to convert their audit into a voluntary disclosure agreement by entering into the Secretary of State Voluntary Disclosure Agreement program. All companies who received a notice of examination and are currently under audit as of the effective date of this Act will have the opportunity to engage in an expedited audit review process. Finally, this Act mandates that interest be assessed on any late-filed unclaimed property, as a means to incentivize voluntary compliance.
This bill imposes a cap on the interest rate that may be charged for “alternative financial services” at an annual rate of interest of 100%. “Alternative financial services” is a term sometimes used for payday loans, installment loans, and other credit products generally targeted towards working class people without access to more traditional banking or credit card services. Over the years, this state and others have made various efforts to regulate the industry, to assure that it is operating fairly and in a non-predatory manner. Generally, lenders in this industry have restructured their loan products to avoid such laws and regulations. See, e.g., James v. National Financial, LLC, 132 A.3d 799, 834-838 (Del. Ch. 2016). By placing a cap on interest rate in Chapter 22, the purpose of this bill is to circumscribe the ability of short-term, sub-prime lenders to take advantage of unsophisticated borrowers – regardless of the name or structure they may give the credit products. By its terms, Chapter 22 does not apply to more traditional financial products offered by banks, credit unions, credit card companies, and the like. Traditional financial products are already extensively regulated by state and federal law, and are less amenable to abuse. The bill also prohibits the use of automated withdrawals on short-term loans regulated by Chapter 22 for delinquency payments or accelerated default payments. It prohibits repeat attempts to make an automated withdrawal for at least 5 days after a declined payment, unless the borrower authorizes another attempt in writing. This will prevent borrowers from being charged multiple fees by their banks for overdrafts or declined withdrawals when licensees try repeatedly in a short time frame to process an automated withdrawal.
This bill clarifies that all journeyperson applicants of sufficient age who successfully complete any apprenticeship program approved by the Board, and successfully pass the final exam associated with the Board approved program, should be treated equally for purpose of licensure. Currently the Board grants a journeyperson license only to applicants who receive one of a limited number of Department of Labor certificates of completion, despite completing the same program.
