Delaware Bills

signed · Delaware · House Oct 10, 2022

HB 462: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN.

This Act permits multidisciplinary team members to share information freely amongst themselves to better protect the welfare of abused children in the State of Delaware. This Act also establishes a framework for parties in Family Court civil proceedings to have access to records created and maintained by a child advocacy center related to forensic interviews it conducts such that the Family Court can utilize those records to avoid retraumatizing children by having to interview them again as part of court proceedings.

signed · Delaware · Senate Oct 10, 2022

SB 286: AN ACT TO AMEND TITLE 9 AND TITLE 17 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY NEIGHBORHOOD IMPROVEMENT DISTRICTS.

This Act shall be known as the “New Castle County Neighborhood Improvement District Act.” The Act assembles New Castle County resources under “one roof” to focus comprehensively on persistent, and in some cases legacy, neighborhood problems, thereby promoting the possibilities of successfully resolving systemic neighborhood problems. Summary of the Act: • The Act provides for creation of a Neighborhood Improvement District (a “NID”). • Creation of a neighborhood district provides a source of funding for enhanced services in neighborhoods that are especially in need of such services, including, for example, district-wide snow removal, district-wide trash collection, and maintenance of open space. • A primary, but not exclusive, source of funding for the enhanced services is a special assessment on non-exempt properties located within the NID, the primary beneficiaries in the neighborhood. • A NID may be initiated by submission of a voluntary petition by property owners or residents in the district, or by the County, subject to objection by at least 50%, in number, of the non-exempt specially assessed property owners in the district. • A NID will be created and is to exist for only as long as necessary to resolve problems in a neighborhood, and then, after accomplishing its goal of resolving persistent neighborhood problems, it will be subject to dissolution.

signed · Delaware · Senate Oct 10, 2022

SB 240: AN ACT TO AMEND TITLES 25 AND 31 OF THE DELAWARE CODE RELATING TO BED BUGS.

This Act prohibits landlords from renting a dwelling unit that the landlord knows has a current bed bug infestation. This Act also obligates landlords to notify prospective tenants if an adjacent unit or units are currently infested with or are being treated for bed bugs. In addition, the Act sets forth the steps a landlord must take upon receiving notice of an actual or suspected bed bug infestation, including acknowledging the complaint, inspecting or obtaining investigatory services from a pest management professional, obtaining remedial services from a pest management professional, notifying tenants of inspection, remediation, notifying tenants of the pest management professional's determination regarding the infestation, and maintaining a written record of all complaints and control measures provided for a period of 2 years. Further, the Act provides that if notice of an actual or suspected bed bug infestation is provided within 60 days after occupancy or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the landlord is responsible for the costs of investigating and remediating the infestation; if the notice is provided more than 60 days after occupancy and not within 30 days of discovery of a bed bug infestation in an adjoining unit, the landlord is responsible for investigating and remediating the infection, but the tenant shall share in the responsibility for the reasonable costs of the investigation and remediation.

signed · Delaware · Senate Oct 10, 2022

SB 151: AN ACT TO AMEND TITLE 18, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROVIDING FOR DRIVER EDUCATION TRAINING, A DRIVER’S LICENSE, OR MOTOR VEHICLE INSURANCE FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES OR AN INDIVIDUAL SUBJECT TO EXTENDED JURISDICTION.

Acquiring a driver’s license is an important part of young adults in foster care achieving normalcy and eventual independence. Yet, youth in long term foster care face numerous unique barriers in this endeavor. Not only are there logistical challenges in the process of obtaining a license for teenagers not in parental care, but the automobile insurance industry’s rules can be unaccommodating and financially prohibitive. And, research shows that youth who leave foster care with a driver’s license are more likely to have a successful outcome, avoiding homelessness and incarceration, as reliable transportation is a crucial step to employment. Like Senate Bill No. 151, this Substitute Act seeks to aid youth in foster care by doing the following: (1) Establishing a pilot program within the Office of the Child Advocate (“Office”) that would pay the cost of driver education, licensure and other costs incidental to licensure, and motor vehicle insurance. (2) Prohibiting automobile insurers from using certain factors in determining a foster child’s automobile insurance rates. (3) Prohibiting the DMV from charging certain fees related to licensure for a foster child participating in the Office’s pilot program. (4) Exempting certain individuals from liability for negligence of a foster child. This Substitute differs from Senate Bill No. 151 as follows: (1) By directing that the Act is to be implemented the earlier of April 1, 2023, or the date of publication in the Register of Regulations of a notice by the Child Advocate that the Act is to be implemented. (2) By setting the date reports from the Office of the Child Advocate are due based on the implementation date of the Act. (3) By directing the Act to expire, or sunset, 2 years from the implementation date of the Act.

signed · Delaware · House Oct 10, 2022

HB 419: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CUSTODIAL INTERROGATIONS.

Citing the increasing number of false confessions recorded by the National Registry of Exonerations and recent science around adolescent brain development, several states across the nation have passed legislation to ban the use of deceptive interrogation techniques on juveniles. Deceptive tactics is limited to the knowing use of misleading statements about evidence or communications of false promises of leniency to extract a confession or other incriminating evidence from a youth suspected of breaking the law. To date, Delaware has yet to have a wrongful conviction case involving a false confession but according to groups such as the Innocence Project, wrongful convictions can often take decades to be revealed. Three other states, Illinois, Utah and Oregon, have passed similar legislation. Additional states, including Colorado and California, are currently considering similar legislation. This Act mirrors efforts in other states by prohibiting the knowing use of false statements about evidence, or false or misleading promises of leniency during custodial interrogations of persons under the age of 18. Any statement elicited from a person in violation of this section is inadmissible in any subsequent juvenile delinquency or criminal court proceeding.

signed · Delaware · Senate Oct 10, 2022

SB 322: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY.

This bill ensures equal access to diaper changing tables in restrooms in public buildings regardless of the gender for which the restroom is designed.

signed · Delaware · House Oct 10, 2022

HB 311: AN ACT TO AMEND TITLE 6 AND TITLE 29 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.

This Act clarifies the scope and protections for individuals with disabilities under the Delaware Equal Accommodations Law (DEAL) and further aligns definitions and scope of DEAL with federal law protecting individuals with disabilities from discrimination by places of public accommodation, including the Americans with Disabilities Act. This Act is consistent with the Superior Court's decision in Ray v. State Human Rels. Comm'n, 2021 Del. Super. LEXIS 668, which held that "[a]ny interpretation to suggest the legislature made a choice to narrow DEAL's protection ignores both the express mandates and comprehensive guidance under DEAL. It takes away the right of a protected class member to be heard. As interpreted, Delaware law would need to reject what has been universally accepted." This alignment with federal law includes all of the following: 1. Using the same terms and definitions for those terms. 2. Clarifying that places of public accommodation must make reasonable modifications in policies, practices, and procedures, sometimes referred to as “reasonable accommodations”, unless doing so would fundamentally alter the program, business, or service. 3. Clarifying that a public accommodation must provide auxiliary aids and services, unless doing so would fundamentally alter the program, business, or service or be an undue burden. 4. Clarifying that places of public accommodation must remove physical barriers if doing so is readily achievable. 5. Clarifying that state investigations of complaints must apply the requirements under state law in a manner consistent with equivalent requirements under federal laws. This Act also does all of the following 1. Clarifies that an individual does not have to use the exact terms in DEAL to request a reasonable modification or auxiliary aids and services for the request to be covered by DEAL. 2. Extends the time to file a complaint under DEAL to 1 year. 3. Allows the Commission to waive the cost of transcript, upon application by a party. 4. Makes corresponding changes to the requirement under § 10006A of Title 29 that a public body allow a member with a disability to use electronic means of communication to attend a meeting because "reasonable modification" is the term now used under § 4504 of Title 6. The term "reasonable accommodation" is retained because that is the term used under state and federal law in employment contexts, which might apply to a member of public body. 5. Makes technical corrections to clarify existing law and conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Oct 10, 2022

HB 264: AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO PROTECTIVE ORDERS FOR VICTIMS OF SEXUAL VIOLENCE.

This Act permits a person who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration to apply for a sexual violence protective order if the person has a reasonable fear, based on specific conduct occurring contemporaneously or subsequent to the non-consensual sexual conduct or penetration, that the perpetrator of the sexual conduct will harm the petitioner in the future. An ex parte temporary order may be issued if a petitioner proves by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to the petitioner. The protective order is a civil remedy available whether or not the respondent has been charged with a crime and whether or not the petitioner reported the respondent’s conduct to law enforcement officials. The Act provides for an emergency ex parte hearing as well as a non-emergency hearing in Superior Court. Possible remedies in addition to an order restraining the respondent from any kind of contact with the petitioner include restraining the respondent form going to, or remaining in, the places a petitioner might frequent including home, school, or work. Violation of a sexual violence protective order is punishable as criminal contempt, either as a class A misdemeanor, or Class F felony if contempt of the order results in physical injury, or involved threatened use, or use of, a deadly weapon or firearm. Petitions under the Act must be verified. If any party falsely swears in a petition or hearing under the Act, the person may be liable for a misdemeanor or felony. A sexual violence protection order is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator. The Act also makes technical corrections to existing law to make it conform to the Legislative Drafting Manual. The Act takes effect 6 months after its enactment.

signed · Delaware · Senate Oct 7, 2022

SB 315: AN ACT TO AMENT TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION.

This Act makes substantial changes to clarify and modernize § 2347 of the Workers’ Compensation Act, Chapter 23 of Title 19 of the Delaware Code, as follows: (1) Subsection (a) incorporates recent Industrial Accident Board rulings governing the frequency with which petitions to modify workers’ compensation agreements may be raised. (2) Subsection (e) clarifies pleading requirements for petitions to review, which helps the Department of Labor in docketing of Petitions and attorneys in preparing pleadings for filing. (3) Subsection (h) expands methods of service of process of petitions to permit utilization of private mail services, traditional process servers, and electronic service to respondents who are attorney represented. This subsection also explicitly defines what must be submitted to the Department of Labor as proof of service. (4) Subsection (j) codifies the process by which default or “read-in” hearings have proceeded before the Industrial Accident Board under § 2347 for over 30 years. (5) Subsection (k) clarifies whether and to what extent Workers’ Compensation Fund wage replacement benefits are available to injured workers during the pendency of petitions to review. The clarifications provided for both the Department of Labor and the claimant’s bar will streamline the process so that injured workers will experience fewer interruptions or delays in the payment of benefits than under the current law. Also included are protections for the Workers’ Compensation Fund to ensure that there are not overpayments. This Act is the product of the work of the workers’ compensation claimants bar, defense bar, and the Department of Labor, and the underlying intent of this Act is to streamline processes and limit unnecessary litigation that has occurred in recent years as a result of lack of clarity in § 2347. This Act furthers the public policy behind various changes to the Workers’ Compensation Act in the last 15 years to mitigate insurance rates for Delaware businesses while simultaneously ensuring that the interests of the State’s injured workers are protected.

signed · Delaware · Senate Oct 7, 2022

SB 35: AN ACT TO AMEND TITLE 11 AND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.

Like Senate Bill No. 35, this Act defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, providing specific penalties for these violations, and creates a new criminal offense of wage theft, with a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution. Clearly defining wage theft protects Delaware workers and Delaware taxpayers from employers who pay their employees “under the table” because this practice results in lost tax revenue to this State and exposes employees to personal risk in the areas of unemployment compensation and workplace injuries. The civil penalties collected for violations that are wage theft must be used for the enforcement of wage payment and collection laws under Chapter 11 of Title 19 and prosecution of the offense of wage theft under § 841D of Title 11. Senate Substitute No. 1 for Senate Bill No. 35 differs from Senate Bill No. 35 as follows: • Clarifies that Chapter 11 of Title 19 does not apply to independent contractors. • Defines the term "independent contractor" using the same definition that is used in Chapter 35 of Title 19 and specifically identifying as "independent contractors" a person licensed by the Department of Insurance or registered under Chapter 73 of Title 6 as a broker-dealer, agent, investment adviser, or investment adviser representative. It also allows the Department of Labor to designate additional occupations as an “independent contractor” through regulations. • Does not make any changes to the definitions sections of other chapters in Title 19. • Adds terms and definitions to § 1101 of Title 19 that are used in Chapter 11, with the same definitions for the terms as would have applied under the revisions to § 101 of Title 19 in SB 35. Like Senate Bill No. 35, this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give criminal jurisdiction to inferior courts.

signed · Delaware · House Oct 7, 2022

HB 474: AN ACT TO AMEND TITLES 10, 18, AND 24 OF THE DELAWARE CODE RELATING TO CONSTABLES.

Under current Chapter 27 of Title 10 the Board of Examiners of Constables is charged with appointing constables and certifying their commissions as well as monitoring their training and in-service. Currently, there is no member on the Board who acts as a representative for constables. This bill removes the constable statute from Title 10 by deleting Chapter 27 in its entirety, and adding Chapter 56, as it relates to Constables, to Title 24 of the Code. This bill renames the Board “Constable Board of Examiners”, expands the number of Board members from 5 to 7 and replaces the current representative from the American Society of Industrial Security with 3 constables, 1 specifically employed with a higher education institution and 1 specifically employed with a healthcare institution. This bill also clarifies the authority of the Board and the powers and duties of constables. The Act also brings the Board’s process under Delaware’s Administrative Procedures Act. The Act grandfathers all currently commissioned constables, except requiring their compliance with all firearms training, until their present term expires. The Act also amends Title 18 to reflect that commissioned constables, as in current law, remain eligible for line-of-duty death benefits under this new Chapter.

signed · Delaware · House Oct 7, 2022

HB 382: AN ACT TO AMEND TITLE 14, TITLE 29, AND TITLE 31 RELATING TO PEOPLE WHO ARE VISUALLY IMPAIRED.

This Act is a result of the Joint Legislature Oversight and Sunset Committee's ("JLOSC") review of the Division for the Visually Impaired ("DVI") and represents the collaboration of several state agencies and other stakeholders. The General Assembly originally codified DVI in 1909 as the Delaware Commission for the Blind, Delaware’s first state agency. DVI was established in § 7929, Title 29 in 1978 and housed under the Department of Health and Social Services. The JLOSC review and subsequent task force on DVI revealed changes needed under Title 14, 29, and 31. This Act modernizes the portions of Titles 14, 29, and 31 relating to persons with blindness, including: - Updating sections language pertaining to the federal Vocational Rehabilitation (“VR”) program, which includes the Business Enterprise Program. DVI is an approved VR agency under the federal program. The Rehabilitation Services Administration (RSA) is the federal agency who oversees DVI’s VR program. The RSA completes audits on DVI’s VR program and provides ongoing guidance and support. This Act makes amendments to areas identified in the JLOSC review process and by RSA during their recent audit. - Updating language in Title 14 relating to teacher certification. Teachers that DVI employs are certified teachers of the visually impaired and must meet all Department of Education (“DOE”) requirements. This area of law is extensively regulated under the DOE’s regulations relating to educational services to all children with disabilities, including blindness. See Regulation 925 of Title 14 of the Delaware Administrative Code. DVI worked in collaboration with the Department of Education on updates to Title 14 and removed outdated information on teacher certification. - Repealing Chapter 23, Title 31. Chapter 23 is outdated language that codified the duties of the previous entity, the Commission for the Blind. DVI does not provide the services under Chapter 23. - Correcting the title of the Council on the Blind in § 8210, Title 29. - Removing remaining references to the Commission on the Blind. - Replacing antiquated language with the appropriate phrase, “person with blindness” or "person with visual impairment." This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results