Delaware Bills

in committee · Delaware · House Jan 9, 2020

HJR 10: A RESOLUTION REGARDING THE IMPACT OF UNCOORDINATED TRASH COLLECTION IN NEW CASTLE COUNTY.

This Resolution directs the Department of Transportation to work with the Delaware Solid Waste Authority to produce a report by September 30, 2020, that compares the financial and environmental impacts to Delaware of the current, uncoordinated trash collection system in New Castle County to the impacts of a coordinated system with 1 vendor collecting all of the trash and recycling in an entire neighborhood.

in committee · Delaware · House Jan 9, 2020

HB 271: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BUILDINGS AND GROUNDS.

The National League of Families POW/MIA flag, is "a symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars" 36. U.S.C. 902. In 1989 the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 2012, Delaware required the National POW/MIA flag to be flown on National POW/MIA Recognition Day. This bill expands the dates on which the flag shall be flown, consistent with federal law and Delawareans' commitment to our veterans.

in committee · Delaware · House Jan 9, 2020

HB 272: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.

Recently, the Department of Justice has dismissed misdemeanor charges of driving under the influence in the Court of Common Pleas in Sussex County and refiled the same misdemeanor charges in the Superior Court in Sussex County. This Act ends that practice by vesting exclusive original criminal jurisdiction for a misdemeanor charge of driving under the influence in the Court of Common Pleas. If a misdemeanor charge of driving under the influence otherwise may be joined properly with a felony within the jurisdiction of Superior Court, the violation of this section is within the jurisdiction of Superior Court.

in committee · Delaware · House Jan 9, 2020

HB 266: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR CHILD-SERVING ENTITIES.

This bill addresses an on-going problem relating to background checks for employees, volunteers, and contractors of child-serving entities. Currently, a person working a child-serving entity who obtains the required background check must undergo another background check when that person obtains employment at another child-serving entity even if that background check had recently been completed. This put an undue burden on the employee and the State Bureau of Identification who run the background checks. This bill would allow an employee, volunteer, or contractor who is required to obtain a background check to authorize a child-serving entity to share the results of a background check with another child-serving entity so long as the authorization is in writing and provided to the Office of Child Care Licensing. This bill also requires the Department of Education to establish a procedure to allow employees, volunteers and contractors to authorize the sharing of background checks between child-serving entities.

in committee · Delaware · Senate Dec 19, 2019

SB 199: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT JUSTIFICATION.

Section 7052 of Title 25 provides that the completion and cost of any capital improvements or rehabilitation work, as distinguished from ordinary repair, replacement, and maintenance, may justify an increase in rent in a manufactured home community but only until the cost of the improvement has been fully recovered. This Act clarifies this provision by doing all of the following: 1. Creating a clear definition of capital improvement and rehabilitation work. 2. Making the recovery of costs for capital improvement or rehabilitation work a fee so the recovery of this cost is a separate charge from rent. 3. Limits the amount of a fee to recover costs for capital improvement or rehabilitation work to 10% of the cost of the capital improvement or rehabilitation work or 10% of the rent, whichever is lower. 4. Providing notice requirements for a fee to recover costs for capital improvement or rehabilitation work. The Chapter 70 definition of rent includes fees, preserving a community owner’s ability to enforce payment of the fee. By identifying this assessment as a fee, it is clearly identified as separate from a base rent increase. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Dec 12, 2019

HB 270: AN ACT TO AMEND THE DELAWARE CODE RELATING TO STANDS OPERATED BY A CHILD.

Stands operated by children that serve or sell lemonade or other nonalcoholic beverages on a temporary, occasional basis are a summertime tradition for many children. This Act exempts a stand operated by a child from State, county, and municipal regulations and licensing fees that might otherwise apply. Specifically, this Act defines a "stand operated by a child" as one that operates on a temporary, occasional basis, serves or sells lemonade or other nonalcoholic beverages to others, and is located on private property with the permission of the private property owner. In Sections 2, 3, 4, and 6, this Act exempts a stand operated by a child from State regulations on food establishments and soft drinks and other beverages, requirements related to child labor laws, and retail license requirements. Additionally, Sections 1 and 5 of this Act broadly prohibit a county or municipality from enacting a law, ordinance, or regulation that prohibits or regulates or requires a license or permit for, or imposes a fee, charge, or surcharge on, a stand operated by a child.

signed · Delaware · Senate Nov 6, 2019

SB 109: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 20, 2019

HB 241: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

This bill expands the Employment First Oversight Commission by adding the Director of the Division for the Visually Impaired as a member, the Director of the Division of Substance Abuse and Mental Health, and other councils, committees, agencies, organizations and individuals as approved by both the Employment First Oversight Commission and the affected council, committee, agency, organization or individual. This bill further expands the officer’s services from 1 year to 2 years and allows them to be reelected for an additional consecutive term.

signed · Delaware · House Sep 16, 2019

HB 78: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

This Act aims to make the robbery section of Delaware’s Criminal Code simpler and fairer. The Act deletes the carjacking sections and embeds them within the existing robbery statutes to remove duplication from the code. Under this Act, robbery in the first degree includes the theft of a vehicle where there is physical injury or the use, a display or threat of a deadly weapon or death which is a Class B felony; this carries a 3 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Robbery in the Second Degree, a Class E felony, is elevated to a Class D felony if the theft involves a vehicle and elements that pose additional risk to public safety. The Act removes minimum mandatory sentences for some conduct and eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

signed · Delaware · Senate Sep 16, 2019

SB 47: AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

This Act simplifies Delaware’s drug code with a goal of providing more fairness in its application. This Act removes geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas. This Act reduces the number of weight tiers from 5 to 3 with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. This Act reflects the reality that the road to recovery from a drug addiction is difficult by removing automatic sentence enhancements based on prior drug offenses, and instead allowing discretion during sentencing to determine when a repeat offender requires substantive additional penalty. Specifically, Sections 1 through 14 of this Act do the following: (1) Eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property. (2) Eliminate enhancements based on the commission of prior drug offenses. (3) Simplify Delaware’s controlled substance laws by reducing the number of weight tiers that are used to categorize the severity of controlled substance offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 16, 2019

HB 77: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BURGLARY.

This Act aims to make the burglary section of Delaware’s Criminal Code simpler and fairer. The Act consolidates the crime of home invasion with existing burglary statutes. Furthermore, this Act recognizes the sanctity of the home and the varied schedules of 21st century homeowners by treating the burglary of an occupied dwelling the same whether the crime occurs during daytime or nighttime hours. The Act removes minimum mandatory sentences for some conduct, but preserves for home invasion a 6 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Finally, the Act eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

signed · Delaware · House Sep 13, 2019

HB 56: AN ACT DESIGNATING AND NAMING THE PORTION OF U.S. ROUTE 301 COMMENCING AT DELAWARE ROUTE 1 AND TERMINATING AT THE DELAWARE MARYLAND STATE LINE AS FIRST RESPONDERS MEMORIAL HIGHWAY.

This act names the Delaware portion of U.S. Route 301 between Route 1 and the Delaware Maryland State line as First Responders Memorial Highway.

Bill results