Delaware Bills

introduced · Delaware · Senate Jun 10, 2020

SB 221: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Under current law, only a premises that qualifies as a restaurant or is operated by a not-for-profit group may allow customers to bring alcoholic beverages onto the premises. This Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

introduced · Delaware · Senate Jun 10, 2020

SB 235: AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO LEGISLATIVE DISTRICTS.

This Act is the first leg of a constitutional amendment that repeals the provisions regarding legislative districts that were found unconstitutional in the 1960s by the Supreme Court of the United States and the United States District Court for the District of Delaware. These sections of the Delaware Constitution are unconstitutional because the sections do not apportion seats in the General Assembly so that each vote is equal. This Act replaces the unconstitutional provisions with the existing redistricting requirements established under Chapter 8 of Title 29, which meet the requirements under the Constitution of the United States. Specifically, the requirements for legislative districts are as follows: 1. The House of Representatives is comprised of 41 members, chosen for 2 year terms. 2. The Senate is comprised of 21 members, chosen for 4 years terms, except that terms are staggered at the first biennial general election following redistricting so that 10 Senators are elected for 2 year terms and 11 Senators are elected for 4 year terms. 3. The General Assembly must determine the boundaries of legislative districts using the following criteria: contiguous territory; nearly equal in population; bounded by major roads, streams, or other natural boundaries; and do not unduly favor any person or political party. 4. The General Assembly must redistrict whenever necessary after each federal decennial census. This Act also repeals the obsolete process in the Constitution that has the Governor and chairs of 2 political parties conduct the redistricting. Current law does not provide a specific process by which the General Assembly redistricts legislative districts, so this Act provides the General Assembly with the power to enact general laws establishing rules and procedures for redistricting. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

introduced · Delaware · Senate Jun 10, 2020

SB 231: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act creates a special license plate for those citizens who wish to support pollinator habitat creation and conservation. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly when a new tax or license fee is imposed.

introduced · Delaware · Senate Jun 10, 2020

SB 232: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCARDING YARD WASTE ON A HIGHWAY.

This Act clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway. This Act also defines “yard waste.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

introduced · Delaware · Senate Jun 10, 2020

SB 234: AN ACT TO AMEND TITLE 3 AND TITLE 7 OF THE DELAWARE CODE RELATING TO FARMS.

Title 3 and Title 7 do not currently define the term “farm” and Title 3 does not currently define the term “farm operations.” This Act defines “farm” and “farming operations” for the purposes of Title 3 and Title 7. This Act amends the definition of “farm operations” in Title 7 to make it consistent with the definition added to Title 3. Under this Act, “farm” means the land, buildings, and machinery used in a farm operation; “farm operations” means a condition or activity that occurs on a farm in connection with the production of agriculture, livestock, dairy, poultry, or aquacultural products for sale and earns an annual profit of at least $2,000.

introduced · Delaware · Senate Jun 10, 2020

SB 216: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO NONACADEMIC TRAINING.

In almost every mass murder that has occurred in the United States over the past 2 decades, subsequent investigations have revealed that the perpetrator had displayed what have become known as “red flag indicators” which, if known, identified, and reported, might have allowed trained professionals to intervene. In far too many cases, these red flag indicators were observed, but because of a lack of training or inadequate reporting, tracking, or referral policies in schools, no action was taken to stop the perpetrator before the attack. This Act requires red flag indicator training for teachers, school principals, counselors, school nurses, and other school district or charter school employees who interact with students, the people most likely to exhibit red flag indicators during the school day. This Act also requires that each school district and charter school establish and implement red flag indicator reporting, tracking, and referral policies. These policies will allow for the timely referral of at-risk students for needed mental health evaluation or treatment or law enforcement action. To protect teachers, administrators, and other school district or charter school employees, this Act provides immunity from criminal liability, civil liability, or professional discipline for employees who follow school district or charter school red flag indicator policies to report a student’s red flag behavior. Finally, Section 2 of this Act makes a technical correction by redesignating § 4168 of Title 14, regarding the Department of Education’s regulatory authority, to be § 4161A of Title 14 to avoid repeatedly moving this provision as Subchapter II of Chapter 41 of Title 14 grows. Section 4168 was previously designated § 4167 until 2019 when Chapter 212 of Volume 82 of the Laws of Delaware redesignated the provision.

introduced · Delaware · Senate Jun 10, 2020

SB 230: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING.

This Act amends the Delaware Energy Act to encourage the adoption of electric vehicles in the State by creating more accessible electric vehicle charging infrastructure. Specifically, this Act permits State Agencies to charge a reasonable fee for use of electric vehicle charging stations installed by the Agency and to reimburse the appropriate State Agency which procured the underlying electricity used. This Act limits the locations to state-owned or state-leased properties used by state employees or visitors.

introduced · Delaware · Senate Jun 10, 2020

SB 222: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

In 2018, the General Assembly enacted House Bill No. 204 of the 149th General Assembly, Chapter 200, Volume 81 of the Laws of Delaware, ("HB 204"), with "the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community." HB 204 has resulted in the release of violent offenders into our communities, leading to more Delawareans being victimized. Therefore, this Act repeals HB 204, replacing HB 204's provisions with the law in effect before the enactment of HB 204 and bringing back greater safety for law abiding Delawareans and accountability for defendants. This Act also makes technical corrections to conform existing law, and previous law being returned to the Delaware Code, to the standards of the Delaware Legislative Drafting Manual.

introduced · Delaware · Senate Jun 10, 2020

SB 219: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO VIATICAL SETTLEMENTS.

This Act amends the Delaware Viatical Settlements Act by permanently removing the bond requirements for viatical settlement brokers and updating a reference to “life settlement brokers” by replacing it with “viatical settlement brokers”.

introduced · Delaware · Senate Jun 10, 2020

SB 217: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING.

This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies, and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol. The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals. This Act also makes technical changes to Part IV of Title 16, to more accurately reflect its current structure.

in committee · Delaware · Senate Jun 10, 2020

SB 233: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF WETLANDS.

This Bill institutes a State nontidal wetlands program and leaves intact the current State tidal wetlands program under Chapter 66 of Title 7. Prior to these amendments, the only regulatory protection of the State's nontidal wetlands was through the U.S. Army Corps of Engineers and the federal Clean Water Act ("CWA"). Nontidal (freshwater) wetlands are valuable resources that contribute to the quality of life for all Delawareans and deserve a local program of protection. The State nontidal wetlands program will be, more efficient and more responsive than the federal program. The State nontidal wetlands program will cover gaps in federal jurisdiction under the CWA and mitigate the uncertainty surrounding the limits to federal jurisdiction. The bill also makes technical revisions and conforms certain language to language in 7 Del. C. Ch. 60, for consistency.

in committee · Delaware · Senate Jun 10, 2020

SB 212: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYER'S FAILURE TO PAY AN EMPLOYEE WAGES.

This Act clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available during the next payday after an employee quits, resigns, is discharged, suspended, or laid off. The only difference between Senate Substitute No. 1 for Senate Bill No. 212 and Senate Bill No. 212 is this revised Synopsis. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section.

Bill results