This Act makes necessary updates to Delaware Code provisions codifying procedures related to the General Assembly to bring these provisions into compliance with current practice and to make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act makes the following substantive changes to these provisions: (1) In Section 8, repeals a procedure that, after the enactment of the Delaware Constitution of 1897, is no longer part of the legislative process. And, in Sections 17, 18, and 19 makes conforming repeals. (2) In Section 9, updates the amount of additional compensation paid to members of the General Assembly who are elected to leadership positions or appointed to serve on a joint committee, consistent with the amounts authorized under the most recent report of the Compensation Commission. (3) In Section 10, updates the amount of the stipend paid to members of the General Assembly consistent with the amount authorized under the most recent report of the Compensation Commission. (4) In Section 13, updates the process for appointing a bill clerk for the Senate and House of Representatives and the duties of the bill clerk. (5) In Section 14, removes the Passed Bill Committee (“Committee”), which has not existed since the mid-1960s. The Committee’s duties related to management and tracking of passed and enacted legislation are reassigned to the Secretary of the Senate and Chief Clerk of the House of Representatives, who have these duties currently. The Committee’s duties related to engrossing legislation are reassigned to the Division of Research, which has these duties currently. The Division is authorized to correct manifest clerical, typographical, and grammatical errors discovered in the engrossment process and required to proofread the engrossment before release to ensure an accurate engrossment of the amendment to the legislation. (6) In Section 15 and 16, changes references to “print” or “printing” to “publish” or “publication” in recognition of 21st Century methods of distributing information. (7) In Section 22, replaces the requirement that a proposed amendment to the United States Constitution be approved by two-thirds of the members of the General Assembly with a requirement that it be approved by a simple majority vote. The two-third vote requirement is unconstitutional under the Delaware Constitution because it conflicts with Section 10 of Article II of the Delaware Constitution, which provides for the passage of legislation by the concurrence of a majority of members elected to each house. The General Assembly cannot alter the requirement of a majority vote without an amendment to the Delaware Constitution. See Section 512 of Mason’s Manual of Legislative Procedure (2020).
This Act repeals § 2117, Title 31, which relates to an individual who, by reason of loss or impairment of eyesight or hearing, has a right to be accompanied by a “seeing eye dog,” also known as a “guide dog,” in public conveyances; hotels; lodging places; all places of accommodation, amusement, or resort; and other places to which the general public is invited. This Act is a result of the Joint Legislative Oversight and Sunset Committee’s review of the Division for the Visually Impaired, and furthers the goal of modernizing Chapter 21, Title 31. Section 2117 is antiquated and no longer appropriate to include in Chapter 21, Title 31. The rights of an individual who is accompanied by a service dog are adequately and more appropriately protected through Chapter 45, Title 6 (Equal Accommodations), Chapter 95, Title 16 (Delaware White Cane Law); and § 1917, Title 2 (Transportation Networks – No discrimination; accessibility).
This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of the Division for the Visually Impaired. Under this Act, the Delaware Industries for the Blind (“DIB”) is repealed. DIB closed operations in March 2017 after experiencing several challenges, including all of the following: - Responding to the recession. - Reduction of resources permitted for state agencies to award employee recognition rewards. - Being classified as a sheltered workshop. - An ineffective and inefficient business model that ultimately resulted in cash flow issues. This Act also makes needed updates to § 9606, Title 16, which relates to the Blind Enterprise Program, a program under Delaware’s Division of Vocational Rehabilitation, authorized by the federal Randolph-Sheppard Act, and monitored by the federal Rehabilitation Services Administration. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act terminates the Medical Marijuana Act Oversight Committee ("Committee"). After Joint Legislative Oversight and Sunset Committee's ("JLOSC") thoroughly reviewed the Committee, JLOSC concluded that the Office of Medical Marijuana ("Office") oversees a functioning medical marijuana program without support from the Committee. Since October 15, 2015, the Committee has made only 2 recommendations to the Office relating to the medical marijuana program and has not made recommendations to the Governor or the General Assembly. Therefore, the Committee is not meeting a public need. The termination of the Committee is made under JLOSC's authority to terminate an agency under § 10214 of Title 29, and without opposition from the Committee, the Office, or the Department of Health and Social Services.
This Act provides that the Department of Correction must provide a copy of all policies relating to the accrual and forfeiture of good time to inmates, as well as a quarterly written accounting of good time credit earned and/or forfeited. The requirement that all accrued time must be forfeited upon conviction of any crime within custody, the complete forfeiture will apply only to commission of felonies. Forfeiture of good times for rule violations is changed to apply only to Class I disciplinary violations. The Act also updates § 4322 of Title 11 to allow dissemination of Department of Correction policies and procedures to inmates and the public where such dissemination would not endanger safety or security of a correctional facility, corrections staff, inmates, or the public.
In cases where the Family Court finds that there are sufficient grounds to order the removal of a child from their home and the Family Court orders custody of the child to the Division of Family Service (DFS), DFS often partners with law enforcement to enforce the order. There have been rare cases where a parent or legal guardian refuses to respond to DFS and law enforcement’s attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the child’s safety. Currently, it is unclear under the Delaware Code whether law enforcement is authorized to enter private property to enforce a Family Court custody order, even after all other avenues and strategies have been exhausted by DFS and law enforcement. The Act clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child.
This Act clarifies that of the 6 members of the Delaware Native Species Commission (Commission) that represent stakeholder commercial interests, such as land development, farming, and business, no more than 2 members can represent the same commercial interest. This legislation is necessary for the Commission to have the relevant expertise and perspectives for its work.
This Act renames the Claymont Regional Transportation at First State Crossing in Claymont, Delaware as the "Harris B. McDowell, III Transportation Center" after Senator Harris B. McDowell, III, the longest serving member of the Delaware General Assembly.
This Act provides school-base physical therapists who have graduated from an accredited college or university with the highest level masters or doctorate degree, and who have achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy, with base salaries of Master Plus 30 or Doctorate, and provides the ability to move forward on the salary schedule for additional credits earned. Since 2015, a doctorate degree is required in order to sit for the national physical therapy examination for licensure.
This Act amends §137, Title 17 of the Delaware Code to allow for right of way acquisitions to commence upon the approval of final right of way plans on a parcel by parcel basis. This will improve project delivery by allowing acquisitions on finalized parcels to begin earlier. This Act also adds a requirement for notification to adjoining property owners when parcels with minimal independent utility are available for disposal. This Act amends the reporting date for properties being held for projects, properties deemed surplus, and for excess and unmarketable properties to be submitted by the end of the calendar year, which aligns it with other reporting requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual including moving the series of purposes and means for acquiring property or property rights in paragraph § 137 (a)(1) to a list to make the meaning clearer and easier to cite to.
Presently there is no licensure mechanism in place in Delaware for elevator mechanics. This Act creates a new chapter in Title 24 and establishes a regulatory State Board of Elevator Mechanics consisting of 5 members appointed by the Governor including 1 public member, 1 member representing the elevator industry,1 member primarily engaged in elevator repair or maintenance, 1 representing elevator inspection, consulting or engineering firms, and 1 representing a labor organization for elevator mechanics and apprentices. The Board has the responsibility of formulating rules and regulations consistent with the APA under Title 29. The Board, under its rules and regulations, will establish standards for licensure, as a master elevator mechanic and journeyman elevator mechanic and continuing education requirements. The Act sets forth grounds for discipline including suspension and revocation of a license. A finding that an individual has been found guilty of performing elevator mechanical work without a license, or under false pretense of being licensed, is a misdemeanor subject to monetary fines by the justice of the Peace court. There is a grandfather exception for individuals that have master electrical special elevator licenses at the time of enactment. The implementation date is the earlier of 6 months after enactment or when the Registrar of Regulations has been provided notice that rules and regulations have been promulgated.
The Joint Resolution directs the Delaware Emergency Management Agency (DEMA) and Division of Public Health (DPH) to conduct After Action Reviews to assess the State’s pandemic response. DEMA and DPH are also maintaining the ability to increase personnel and supplies as needed in response to future surges of COVID-19. Additionally, the Joint Resolution directs the Legislative and Executive branches to work together on initiatives to combat the effects of the COVID-19 pandemic.
