Delaware Bills

signed · Delaware · House Jul 31, 2019

HB 12: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD.

This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.

Dave Lawson (R) John A. Kowalko (D) · 5 co-sponsors

in committee · Delaware · Senate Jul 31, 2019

SB 181: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.

This Substitute Act modifies the Renewable Energy Portfolio Standards Act to do all of the following: (1) Adds a solar water heater to the list of eligible energy resources. (2) Defines “solar technology” to include both solar photovoltaic and solar thermal energy technologies. (3) Continues increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035. (4) Places the Director of the Department of Natural Resources and Environmental Control’s Division of Climate, Coastal, and Energy, and the Division itself, in charge of certain administrative aspects of the renewable energy portfolio standards program, replacing the State Energy Coordinator and the Delaware Energy Office. (5) Grants retail electricity suppliers and municipal electric companies a credit for installing eligible energy resources on a certified brownfield. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from the Act by: (1) Lowering the minimum cumulative percentage for solar technology by .25% beginning in 2030. (2) Removing provisions that permitted a freeze of the minimum cumulative percentage from eligible energy resources and of the minimum cumulative percentage from solar technology under certain circumstances.

in committee · Delaware · Senate Jul 31, 2019

SB 179: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO STREET LIGHTS AND OTHER LIGHTS.

Title 9, Chapter 21 of the Delaware Code provides, upon the petition of a majority of property owners of any unincorporated community or village in New Castle County, that New Castle County Council may enter into a contract with any electric, gas, or other lighting company to light the streets or highways running through, bounding, and within the community or village. Communities have requested, and this Act would provide, a narrow expansion of Title 9 to provide for other lighting, including lighting for neighborhood entrance signs. This Act also makes technical corrections to the statutes involved to conform to the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Jul 31, 2019

SB 152: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

This Act amends Delaware’s laws regarding release of persons accused of crimes (Chapter 21 of Title 11 of the Delaware Code) as required in conjunction with the adoption of Senate Bill No. 151, which proposes a constitutional amendment to permit preventive detention of certain persons accused of crimes. This Act both protects defendants’ due process rights and public safety by expanding the list of circumstances for which defendants may be detained pretrial without the opportunity for release and providing adequate due process protections for detention-eligible defendants. This Act protects public safety by permitting courts to detain defendants who are charged with an enumerated offense, or to whom certain enumerated circumstances apply, and who present unmitigated risks of non-appearance in court or danger to public safety. This Act also protects defendants’ rights by doing the following: (1) Requiring the Attorney General to establish by proof positive or presumption great that the defendant committed the detention-eligible offense and by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the defendants appearance in court or the safety of a witness, a victim, or the community. (2) Ensuring detention-eligible defendants are represented by counsel at the initial detention and subsequent hearings. (3) Requiring courts to hold a full detention hearing within 10 days of the defendant’s arrest where defendants have the right to testify, to present evidence, and to cross-examine witnesses against them. (4) Requiring expedited review of the detention order by Superior Court. (5) Providing speedy trial protections for any defendant who is detained prior to adjudication. This Act also does the following: (1) Improves procedural fairness by permitting courts to make transparent decisions about who to detain and who to release pretrial. (2) Strengthens the strong presumption of pretrial release upon least restrictive conditions for those defendants who can safely be released in the community. (3) Requires data collection and annual reporting of pretrial outcomes that will be available for public dissemination. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 31, 2019

SB 45: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.

Under current law, the possession, use, or consumption of a personal use quantity of marijuana remains a crime for those under the age of 21 despite being a civil violation for adults. This Act makes the possession, use, or consumption of a personal use quantity of marijuana a civil violation for juveniles. This Act also makes conforming amendments to subsection (i), regarding expungement of a single criminal offense under subsection (c), as, after the effective date of this Act, subsection (c) will no longer contain a criminal offense.

in committee · Delaware · Senate Jul 31, 2019

SB 186: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO IMMUNITY.

This Act clarifies that the immunity provided for furnishing information about suspected fraud applies even if no investigation, action, or penalty results from the information furnished. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Jul 31, 2019

SB 174: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STATEWIDE AUTHORITY OF POLICE OFFICERS.

This Act allows special investigators with the Department of Services for Children, Youth and Their Families to make arrests and render assistance to other police officers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 31, 2019

SB 61: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TRANSPORTATION.

State economic development officials pursue economic development opportunities that, if realized, would have significant impact on Delaware's future economic health and competitiveness. Such situations frequently require expeditious action and the need to enhance Delaware's transportation infrastructure on a timeline and schedule that is outside the 6 year Capital Transportation Program. To meet these challenges, this Act establishes the Transportation Infrastructure Investment Fund to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order to attract new businesses to Delaware, or for the expansion of existing Delaware businesses, when such an economic development opportunity would create a significant number of direct, permanent, quality, full-time jobs.

signed · Delaware · House Jul 31, 2019

HB 95: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELECTRIC COOPERATIVE CAPITAL CREDITS.

This Act expands the permitted uses of unclaimed electric cooperative capital credits to include investments in energy services for low income members and energy efficiency, renewable energy, battery storage, electrification and emerging energy technology programs. The bill also amends the annual reporting requirements to include an itemization of the amount allocated each year to low income assistance, energy efficiency and renewable technologies, and non-profit donations.

Bill Bush (D) · 19 co-sponsors

signed · Delaware · House Jul 31, 2019

HB 174: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE INSURANCE DATA SECURITY ACT.

This Act establishes standards for data security for Title 18 licensees and standards for the investigation of and notification to the Commissioner of a cybersecurity event affecting Title 18 licensees.

in committee · Delaware · Senate Jul 31, 2019

SB 40: AN ACT TO AMEND TITLES 2, 3, 4, 6, 7, 9, 11, 12, 13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 29, 30 AND 31 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PENALTIES.

Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. This Act is one of two bills that seek to bring back proportionality, clarity, and consistency to the Criminal Code. Passage of this Act is contingent on the passage of the other bill that revises Title 11, Part I, and that would take effect 20 months after its passage.

signed · Delaware · House Jul 31, 2019

HB 208: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT.

This Act amends the Delaware Hazardous Substance Control Act to reflect recent amendments to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This Act protects state, county, and municipal government entities from being deemed liable as “owners or operators” of hazardous substance release sites when they take title to or control of such properties through the exercise of their lawful governmental powers. Additionally, this Act protects land banks established pursuant to the Delaware Neighborhood Conservation and Land Banking Act when they assume ownership of potentially contaminated properties in accordance with the provisions and requirements of the Land Banking Act.

Bill results