Delaware Bills

signed · Delaware · House Apr 9, 2019

HB 43: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

This bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill would allow for a policy change at the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.

signed · Delaware · Senate Mar 28, 2019

SB 22: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.

Act enacts the National Popular Vote compact, which changes the Electoral College from an institution that reflects the voters’ state-by-state choices into a body that reflects the voters’ nationwide choice. Currently, state statutes require that electoral votes are controlled by the plurality of the voters in the state but this system is not required by the U.S. Constitution or federal law. The National Popular Vote compact requires that each member state award its electoral votes to the presidential candidate who received the largest number of popular votes in all 50 states and the District of Columbia. The National Popular Vote compact becomes effective when it is enacted by states collectively possessing a majority of the electoral votes. When the National Popular Vote compact takes effect, the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia would be guaranteed enough electoral votes in the Electoral College to be elected to the Presidency. Specifically, this Act does the following: Section 1. Adopts The Agreement Among the States to Elect the President by National Popular Vote ("National Popular Vote compact") and provides for notice regarding when the National Popular Vote compact is in effect and governs a presidential election. Section 2. Revises the wording of § 4303(b) so that it correctly addresses how electors must vote in any presidential election. This is not a substantive change to current law, which governs when the National Popular Vote compact is not applicable to an election, because the electors nominated by the political party that received the plurality of vote of the voters of this State are the electors who are appointed. Section 3. Corrects a typographical error in § 5711. Section 4. Revises § 5711 to govern when the National Popular Vote compact governs a presidential election. Both versions of § 5711 will appear in the Delaware Code with a note at the top of each version stating if that version governs the next presidential election. Section 5. Revises § 7704 of Title 15 regarding the election of delegates to a state constitutional convention to ratify proposed amendments to the U.S. Constitution so that it remains unchanged by the National Popular Vote compact. The statute currently provides that delegates are elected "in the same manner as in the case of the election for electors for President and Vice President." Because the National Popular Vote compact changes how electors are selected, § 7704 is revised so that delegates to a national constitutional convention are nominated and elected in the current manner, regardless of whether the National Popular Vote compact governs the next presidential election. Section 6. Clarifies the effective date of this Act and when Section 1 of this Act governs a presidential election.

signed · Delaware · House Mar 28, 2019

HJR 2: RECOGNIZING THE CONTRIBUTIONS OF HATTIE BERNICE DABNEY MISHOE, THE "FIRST LADY" OF DELAWARE STATE UNIVERSITY.

This Joint Resolution recognizes the many contributions of Hattie Bernice Dabney Mishoe, the "First Lady" of Delaware State University, and encourages the University to name a building on campus after her.

Sean Lynn (D) · 27 co-sponsors

signed · Delaware · House Mar 27, 2019

HB 34: AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH RELATING TO MUNICIPAL ELECTIONS AND VOTING.

This Act amends the Charter of the City of Rehoboth Beach to make Sections 3 through 7 gender-neutral, to provide travel reimbursement at the Internal Revenue Service rate rather than the Sussex County Sheriff’s rate, to reduce the ownership requirement for non-resident freeholders for voter eligibility from six months to thirty days, to make the City’s process to purge individuals from the Books of Registered Voters consistent with the State’s process at 15 Del. C §1704(g), to allow for voter registration up to thirty days prior to the Annual Municipal Election, to amend the definition of real property to include condominiums created under the Delaware Uniform Common Interest Ownership Act, to reduce the durational residency requirement for voter eligibility from six months to thirty days, to define “domicile,” and to clarify that all voting provisions in the City Charter (including annual municipal elections, annexation elections and borrowing and bond issuance elections) shall be construed in accordance with the principle of “one person, one vote,” and removes any form of artificial entity voting from annexation elections and borrowing and bond issuance elections.

signed · Delaware · House Mar 13, 2019

HB 11: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO HOURS OF SCHOOL DISTRICT ELECTIONS.

House Bill No. 363, as amended by House Amendment No. 1, of the 149th General Assembly changed the time that polls open for school board and school referendum elections to 7:00 a.m from prior time of 10:00 a.m. There are several sections of Title 14 that govern the hours that polls are open for elections under Title 14 and House Bill No. 363 did not include a revision to the hours listed in § 1907 of Title 14. This Act makes the technical correction to § 1907 of Title 14 so that it is consistent with the sections of Title 14 that were revised by House Bill No 363. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jan 28, 2019

HJR 1: RELATING TO THE ELECTION OF OFFICERS OF THE HOUSE OF REPRESENTATIVES.

This Joint Resolution designates Sheri J. Knott as Bill Clerk of the House of Representatives and Dolores Michels as Assistant Bill Clerk of the House of Representative to serve at the pleasure of the House of Representatives.

signed · Delaware · Senate Jan 28, 2019

SB 9: AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO BOND AND CAPITAL IMPROVEMENTS ACTS OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE FISCAL YEARS ENDING JUNE 30, 2018 AND JUNE 30, 2019.

This Act amends the Fiscal Years 2018 and 2019 Bond and Capital Improvements Acts to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) allow the transfer of funds between capital projects for the Appoquinimink School District; (3) authorize a transfer of funds from the Office of Management and Budget for other listed projects; (4) revise the fund amount for the Garashes L Project and expand the use of funds for road projects at the Wilmington Riverfront Sports Project; (5) authorize funding from the Delaware Strategic Fund when interest earnings are not available for the New Castle County and Middletown Chamber of Commerce’s business incubators; (6) authorize the Delaware National Guard to use appropriated funds for the 198th Readiness Center Facilities and Georgetown Readiness Center; and (7) authorize the conveyance of property between the Appoquinimink School District and the Town of Middletown.

signed · Delaware · House Jan 28, 2019

HB 35: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This bill changes the definition of the multi-purpose sports facility to make it available to a broader range of sports facilities that may apply for a liquor license.

signed · Delaware · House Jan 23, 2019

HB 2: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROTECTING FEDERAL WORKERS DURING A SHUTDOWN.

This Act creates the Delaware Federal Employees Civil Relief Act which provides the temporary suspension of judicial and administrative proceedings and transactions in Delaware that may adversely affect the civil rights of Federal workers during a shutdown. This Act only applies to Federal workers who reside in Delaware. The Act permits a Federal worker who is furloughed or required to work without pay during a shutdown to apply to a court or administrative agency for a temporary stay, postponement or suspension of any payment of rent, mortgage, tax, fine, penalty, insurance premium, or other civil obligation or liability. A court or administrative agency may grant such relief if it finds that the ability of the Federal worker to pay such obligation has been materially affected by the shutdown. The length of stay may be for the period of the shutdown and 90 days thereafter. This Act also prohibits landlords from evicting a federal worker from premises that are occupied or intended to be occupied primarily as a residence. This Act also prohibits the lapse, termination or forfeiture of the health, life, disability, or motor vehicle insurance policy of a Federal worker without a court order. This Act also places limits on the interest rate that can be imposed on a Federal worker during a shutdown. Finally, this Act empowers the Attorney General to enforce the provisions of the Act and permits a court to impose a civil penalty of not more than $10,000 for violations of the Act.

signed · Delaware · House Oct 16, 2018

HB 334: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE.

This Act authorizes the Insurance Commissioner to issue conditional certificates of authority to captive insurance company applicants, which authorizes the captive insurance company applicant to conduct business while the Insurance Commissioner completes the review of the application materials. Conditional certificates of authority will be issued only upon receipt of evidence of the minimum capital and surplus required by Chapter 69 and a certification from the captive owner that the application materials comply with the requirements of Chapter 69. A captive insurance company granted a conditional certificate of authority must pay the Insurance Commissioner a fee of $100. This Act also authorizes the Insurance Commissioner to summarily revoke a conditional certificate of authority if the Commissioner determines that the captive insurance company has failed to comply with the licensing requirements of Chapter 69. During the period of the conditional certificate of authority, the captive insurance company shall comply with and be subject to Chapter 69. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Oct 15, 2018

SB 146: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE EXPUNGMENTS

The continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal records are a hindrance to employment, education, housing, credit, and military service. This Act streamlines Delaware’s juvenile expungement code by providing the Delaware Family Court the option to immediately order an expungement in the event that a felony case was terminated in favor of the juvenile (i.e. a juvenile was found not guilty, or the charges were dropped). Delaware law currently allows the Court to do this for misdemeanor and violation cases.

signed · Delaware · House Oct 15, 2018

HB 442: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE JUVENILE CIVIL CITATION PROGRAM.

This Act expands the Juvenile Civil Citation Program to provide law enforcement officers with the discretion to refer any first-time juvenile offender engaged in any misdemeanor-level behavior to the civil citation program, where the juvenile can be required to participate in counseling, treatment, community service, or any other appropriate intervention. A juvenile who successfully completes the requirements of the civil citation program will not have an arrest or prosecution indicated on their record. Under the current law, officers may make referrals to the civil citation program for only very limited types of misdemeanor offenses. The Act will also allow a second referral to the civil citation program if 1 year has passed since the first referral and the second offense is not for the same misdemeanor. Under current law, a juvenile is not eligible for a second referral until 18 months have passed since the first referral. This Act will also provide access to the Delaware Criminal Justice information System to the civil citation community provider to enable the provider to properly assess referred juveniles. This program provides an alternative to arrest and adjudication, thus avoiding the collateral consequences associated with a criminal record while still allowing the system to compel the juvenile and the juvenile’s family to seek and participate in appropriate services to address root causes of delinquent behavior. The expansion of the civil citation program under this Act is consistent with the mission of the juvenile justice system, which is the rehabilitation and treatment of juveniles, not punishment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results