Delaware Bills

signed · Delaware · House Sep 15, 2021

HB 136: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO PARENTS AND CHILDREN.

The Bill sets forth 8 factors a court must consider in determining a proposed relocation of a child for a period of 60 days or more in litigation involving custody or visitation. These factors include: (1) the nature, quality, extent, and duration of the child’s relationship with the individual proposing to relocate and with the non-relocating individuals, siblings and other significant persons in the child’s life; (2) the age, developmental stage, needs of the child, and the likely impact of the relocation on the child, taking into account any special needs of the child; (3) the feasibility of preserving the relationship between the non-relocating individual and the child; (4) the child’s preference; (5) any established patterns of the relocating individual to thwart or promote the relationship between the child and non-relocating individual; (6) whether the relocation will enhance the general quality of life of the child and relocating individual; (7) the reasons for requesting and opposing the relocation; and (8) any other factor affecting the best interests of the child.

signed · Delaware · House Sep 15, 2021

HB 5: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT INCREASE DISPUTE RESOLUTION.

If a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials.

signed · Delaware · House Sep 15, 2021

HB 143: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act removes taproom from the establishments for which the Commissioner shall refuse to grant a license for the sale of alcohol when there is an existing licensed establishment of similar type within a specified distance. The minimum distance between licensed establishments of similar type is made applicable only to a store or establishment for consumption off premises.

signed · Delaware · Senate Sep 15, 2021

SB 182: AN ACT TO AMEND CHAPTER 243, VOLUME 82 OF THE LAWS OF DELAWARE AND TITLE 30 OF THE DELAWARE CODE RELATING TO AN EXTENSION OF THE HISTORIC PRESERVATION TAX CREDIT ACT.

Senate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act for approvals granted through June 30, 2020. Senate Bill No. 260, enacted by the 150th General Assembly, extended the Historic Preservation Tax Credit Act through June 2021. This Act extends the Historic Preservation Tax Credit Act for approvals granted through June 2030 and puts the provision regarding the effective date in the Code.

signed · Delaware · House Sep 15, 2021

HB 263: AN ACT TO AMEND TITLE 3 AND TITLE 16 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES.

This bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program. The bill also removes the limitation on positions for the Spay/Neuter Program and allows Program to be funded from the Spay/Neuter Fund. This bill is identical in substance to Senate Bill No. 185, as amended by Senate Amendment No. 1, except that this bill provides that pet foods manufactured by non-profits will continue to pay a $23 fee and not be subject to the increase applicable to other pet foods.

signed · Delaware · Senate Sep 15, 2021

SB 135: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO GEOLOGY.

The purpose of this Act is to eliminate the overly broad licensure exemption applicable to persons engaged in the practice of well drilling and persons engaged in the practice of engineering as registered professional engineers. There are many overlapping areas of practice between geologists and well-drillers and registered professional engineers. However, the exemption included in 24 Del. C. § 3602 leads to the conclusion that a licensed well driller or registered professional engineer is qualified to perform any act within the practice of geology regardless of level of competence or expertise. It is each governing body’s responsibility to ensure competent practice within the respective professions, including any areas of overlap. However, the inclusion of the very broad exemption for well-drillers and registered professional engineers is misleading and does not serve the interests of public protection.

signed · Delaware · Senate Sep 15, 2021

SB 179: AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL WELFARE.

This Act clarifies the language enacted by Senate Bill No. 139 of the 150th General Assembly (“SB 139”) regarding when dogs may be permitted to run at large. This Act corrects errors in § 1325 of Title 11 and § 3048F of Title 16, by making revisions to conform the Code so it is consistent with the policy changes enacted by SB 139 and the standards of the Delaware Legislative Drafting Manual. Specifically, Section 1 replaces punctuation in § 1325 of Title 11 that was accidentally repealed by SB 139. Section 2 makes the following revisions to § 3048F of Title 16: 1. Redesignates the paragraphs in subsection (a) to avoid undesignated sentences, for clarity. 2. Deletes the definition of “dog” from subsection (a) because the definition is identical to the definition of “dog” in § 3041F of Title 16, which provides definitions for the subchapter that includes § 3048F. 3. Repeals paragraph (b)(3) because the exception for dogs that are under the control of someone who is hunting was added to subsection (a) by SB 139. The repeal of paragraph (b)(3) was intended by, but omitted from, SB 139.

signed · Delaware · House Sep 15, 2021

HB 32: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TRASH CONTAINERS ON HIGHWAYS.

This Act provides all law-enforcement officers the authority to enforce the existing labeling requirements for dumpsters that are in a public road or parking lot. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 15, 2021

HB 184: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE NEWBORN SCREENING PROGRAM.

This Act reduces the time frame to obtain a blood specimen from newborn infants from 72 hours to 24 to 48 hours after birth for screening for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. It also requires that blood specimens be destroyed once screening and testing is complete including confirmation of any diagnosis. It also provides that the Division of Public Health provide abnormal results only to the physician of record. It also requires all fees collected from newborn screening to be used to defray operating expenses associated with the Newborn Screening Program and for programs to ensure optimal health and development across the lifespan of the maternal and child health population. Finally, the Act makes several technical corrections consistent with the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Sep 15, 2021

SB 20: AN ACT TO AMEND TITLE 6 AND TITLE 21 OF THE DELAWARE CODE RELATING TO PARKING.

This Act clarifies that a person with a special license plate or permit for persons with disabilities may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 15, 2021

HB 159: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SALES OF REAL ESTATE MADE BY A SHERIFF.

This act modifies the locations at which sheriff’s sales may be conducted to provide the sheriffs with needed flexibility and to modernize the sheriff’s sale process. The recent COVID-19 pandemic has revealed substantial inflexibility in 10 Del. C. § 4974 as currently adopted, forcing the sheriff of each of the three counties to either hold sheriff’s sales outdoors, find non-governmental venues in which to hold sheriff’s sales or cancel sheriff’s sales. Additionally, the New Castle County Sheriff is considering using an online auction process to conduct sheriff’s sales, as other counties throughout the United States have done, but § 4974 as currently adopted does not permit online sheriff’s sales. Finally, this act removes uncertainty regarding the meaning of the term “public building” as currently used in § 4974 by adopting a definition that is consistent with the Delaware Supreme Court’s definition of that term in Moore v. Wilmington Housing Authority, 619 A.2d 1166, 1174-75 (Del. 1993).

signed · Delaware · House Sep 15, 2021

HB 245: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REDISTRICTING AFTER FEDERAL DECENNIAL CENSUS.

This bill changes the deadline for the General Assembly to reapportion and redistrict the State after each federal decennial census to within 120 days following receipt of the federal decennial census data for redistricting pursuant to Public Law 94-171.

Bill results