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signed · Delaware · House Oct 21, 2022

HB 329: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE STATE BUREAU OF IDENTIFICATION.

This bill updates the State Bureau of Identification’s definition of “criminal justice agency” in two ways. First, by adding the Division of Management Support Services in the Department of Services for Children, Youth & Their Families to reflect the shift in some criminal justice functions to that Division from the Division of Family Services. Second, by clarifying that the Office of the Child Advocate is a criminal justice agency. The Office of the Child Advocate provides legal representation to children in foster care, and the Investigation Coordinator, located within the Office of the Child Advocate, is a member of the criminal multidisciplinary response to child abuse and neglect.
Sherry Dorsey Walker (D) Sean Lynn (D) Kyle Gay (D) · 8 co-sponsors
signed · Delaware · House Oct 21, 2022

HB 334: AN ACT TO AMEND TITLE 24 RELATING TO PRACTICE BY TELEHEALTH AND TELEMEDICINE.

This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
Pete Schwartzkopf (D) Sarah McBride (D) Debra Heffernan (D) Kendra Johnson (D) David Bentz (D) · 15 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 381: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE FAMILY LAW COMMISSION.

Delaware’s modern-day, statewide Family Court was established in 1971, unifying what had been multiple family law-related court systems throughout the state. In 1984, the Family Law Commission (“FLC”) was created to study and evaluate Delaware’s domestic relations, or family, laws and the Family Court’s rules and procedures; review legislation relating to family law and the Family Court; disseminate family law-related information to Delawareans; and engage in other related activities that it deemed appropriate. From its inception, FLC’s mandate and authority has been focused, limited to conducting public hearings, inviting written comments from the public, reviewing and commenting on family law-related legislation, and publishing information for the public. For many years, FLC served an important role in the progress and improvement of Family Court. Thirty-eight years after its creation, however, FLC is no longer serving a public need. Family Court celebrated its 50th anniversary in 2021; countless changes and improvements have been made to Family Court’s rules and procedures, as well as Delaware’s domestic relations laws. FLC, however, remains tasked with the same, limited duties as it first was tasked in 1984. This Act fulfills the Joint Legislative Oversight and Sunset Committee’s conclusion after a thorough review that FLC should be terminated. FLC’s role in the progress of the modern-day Family Court cannot be diminished, and it is a testament to its previous success that it is no longer needed to ensure a working Family Court in the State of Delaware.
Sherry Dorsey Walker (D) Kyle Gay (D) · 8 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 412: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO PROPERTY TAX EXEMPTIONS IN NEW CASTLE COUNTY.

This Act revises the property tax exemption process for New Castle County by updating the application process to reflect the current organization of New Castle County government and by doing all of the following: 1. Repealing the existing deadline to file an application for an exemption. 2. Establishing an effective date for approved exemptions that is the later of the date the property owner met the criteria for the exemption or 3 years before the date of the application. 3. Establishing how New Castle County determines and processes property tax refunds, including proration for situations when the property was owned by a nonexempt transferor for part of a tax year and clarifying that school taxes cannot be refunded through this process. 4. Requires New Castle County to review all applications for exemption from taxation that were decided on or after January 1, 2017, under the law as revised by this Act, and process any refunds. Owners of real property that are entitled to exemptions include religious, educational, or charitable entities often have limited resources and limited knowledge of the laws regarding exemption from property taxation. Missing the deadline to submit an application for exemption from property taxes causes serious economic harm to these entities. Repealing the application deadline has minimal impact on certainty for New Castle County’s budget, particularly in contrast to the heavy strain that an unanticipated tax bill places on these entities whose services are beneficial to the residents in New Castle County. In addition, limiting the effective date for exemptions to 3 years before the date an application was submitted further minimizes the potential impact on certainty for New Castle County’s budget.
Kyle Gay (D) Kendra Johnson (D)
signed · Delaware · Senate Oct 14, 2022

SJR 7: VACATING THE PARKLAND DEDICATION OF APPROXIMATELY .204 ACRES OF NEW CASTLE COUNTY TAX PARCEL NO. 10-023.00-001.

This Act vacates the parkland dedication for approximately .204 acres of Tax Parcel No. 10-023.00-001 (Parkland Property). The removal of the parkland dedication allows for New Castle County to transfer that portion of the Parkland Property under § 1521(e) of Title 9 and as set forth in the Settlement Agreement between the Department of Transportation (DelDOT) and a private property owner, Dash In, to resolve a condemnation action filed by DelDOT. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the .204 acre portion of the Parkland Property as parkland and under the Settlement Agreement, New Castle County will receive approximately .204 acres of land in close proximity to the Parkland Property.
David Bentz (D) Marie Pinkney (D)
signed · Delaware · Senate Oct 14, 2022

SB 209: AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.

In 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this Act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a TNC. The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022.
Krista Griffith (D) Sherry Dorsey Walker (D) Trey Paradee (D) · 12 co-sponsors
signed · Delaware · Senate Oct 14, 2022

SB 258: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS.

This Act abrogates current Delaware law as it presently stands regarding available recovery for damages related to injured or deceased pets that are tortiously injured by a third party or a third party’s animal. Under current Delaware law, including cases such as Naples v. Miller, 2009 WL 1163504, (Del. Super. Ct. Apr. 30, 2009), there are substantial limitations on a pet owner’s ability to recover amounts related to the cost of veterinary bills because animals that are pets in Delaware are treated as property. This Act does not change the status of pets as property but does provide new causes of action to address tortious injury to a pet. Under current law, an owner would only be permitted to recover the fair market value of a pet, regardless of the amount of veterinary bills or expenses related to care stemming from a tortious injury that is inflicted. This Act provides that limitations on such actions apply as they would otherwise apply to actions under Delaware’s common law as it relates to negligence, gross negligence, recklessness, wanton behavior, or intentionally tortious behavior where punitive damages could presently be awarded. This Act would permit an action to be brought by a legal entity that owns an animal that suffers tortious injury, although any limitations presently existing that would apply to a legal entity bringing such a claim would apply. Finally, this Act limits the ability to bring a cause of action under this Act to persons who are lawfully in possession of their pet, pursuant to relevant state, county, or municipal limitations, thus barring actions involving unlawfully possessed animals. This substitute act differs from the original through removal of the cap on recoverable veterinary bills incurred due to a tortious injury inflicted upon a pet. This act also differs from the original through removal of the ability to recover damages related to emotional trauma suffered by a pet owner in the face of negligent, reckless, wanton, or intentional tortious injury. The other sources of relief outlined in the original act remain unaltered. This Act shall be referred to as the Izzy the Cat Act, in honor of a cat that was severely injured due to the tortious acts of a third party. Izzy’s injuries were found to be compensable during an insurance arbitration, but were limited to the “fair market value” of Izzy, which does not capture either the expense of caring for significant injuries to a pet or the emotional impact to the pet’s owner. Izzy’s story is like so many other pets who suffer tortious injury with little recourse for the humans that care for them to be truly made whole. This Act will correct these imbalances in Delaware’s laws, and serve as a deterrent to the sort of behavior that leads to the injury or death of the pets of Delaware’s residents and visitors
Ernesto B. Lopez (R) Andria L. Bennett (D) · 12 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 338: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE SATISFACTION OF MORTGAGES AFTER A LAPSE OF TIME.

This Act provides an automatic satisfaction of a mortgage 10 years after the maturity date as stated in the mortgage or any recorded extension of the mortgage or, in the absence of a stated maturity date, 40 years after the recording of the mortgage or any extension of the mortgage. This Act also reduces the time after which an attorney may file a certificate of satisfaction under § 2123 of Title 25 of the Delaware Code to 10 years after the maturity date and 40 years after the recording of a mortgage.
Krista Griffith (D) Stephanie Hansen (D) Sean Lynn (D) Kyle Gay (D) Spiros Mantzavinos (D) · 7 co-sponsors
signed · Delaware · Senate Oct 14, 2022

SB 312: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

This Substitute Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.
Madinah Wilson-Anton (D) Jack Walsh (D) Paul Baumbach (D) Bryan Townsend (D) · 6 co-sponsors
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