Delaware Bills

in committee · Delaware · House Jun 5, 2019

HB 29: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DNA ANALYSIS AND DATA BANK.

Establishing a suspect's identity is critical to their processing by law enforcement. DNA analysis provides unparalleled accuracy in establishing identity. The United States Supreme Court held that "DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure". Maryland v. King, 569 U.S. 435, 465 (2013). The establishment of an individual's DNA may identify the perpetrator of "some heinous crime" and may free "a person wrongfully imprisoned for the same offense". Id. at 456. The collection of a DNA sample by buccal swab (cheek swab) of a person is a reasonable and legitimate police booking procedure that should be available for identifying those arrested for serious crimes in Delaware. This Act creates a constitutionally sound procedure for collecting and analyzing arrestee DNA. First, the Act directs that biological samples only be obtained from those accused of committing designated serious felony offenses. Second, biological samples may only be taken from arrestees by the least intrusive method - a buccal swab. Third, samples may only be submitted for identification analysis after a determination of probable cause by a judge at a preliminary hearing or a grand jury by indictment. Finally, any DNA sample or analysis of a DNA sample shall be destroyed or expunged from a DNA database if probable cause is not determined or if all charges associated with the arrest of the individual are dismissed or the individual is found to be not guilty. This Act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012.

in committee · Delaware · House Jun 5, 2019

HB 166: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CHILDHOOD LEAD POISONING PREVENTION ACT.

At this time, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based upon the risk factors that determine when screening or testing is necessary. This bill simplifies the requirements and the process for healthcare providers and eliminates confusion that may be causing the low compliance rate for screening or testing, and defines terms used in the Act. This bill mandates screening, defined as capillary blood test, at 12 and 24 months of age. The bill clarifies insurance coverage for the costs of compliance with the Act. The Division of Public Health is also directed to report on elevated blood lead levels to the General Assembly annually and to develop regulations to implement and enforce the Act within 12 months of being enacted.

in committee · Delaware · Senate Jun 5, 2019

SB 6: AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO A NATIONAL DAY OF MOURNING DUE TO THE DEATH OF A CURRENT OR FORMER PRESIDENT.

This Act establishes that State government offices are to close when a National Day of Mourning is declared due to the death of a current or former President.

in committee · Delaware · House Jun 5, 2019

HB 138: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act increases by one the number of licenses for the sale of alcoholic liquor an individual or entity may have an interest in, from two to three.

signed · Delaware · Senate Jun 5, 2019

SB 28: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES FOR UNLAWFULLY PARKING IN AN AREA DESIGNATED FOR OR USING THE PRIVILEGES OF AN INDIVIDUAL WITH A DISABILITY.

This Act increases the penalties for parking in an area designated for a vehicle being used by an individual with a disability. For a first offense this Act increases the monetary penalty from $100 to $200. For a subsequent offense, this Act increases the monetary penalty from $200 to $300. The offenses subject to these increased penalties are included without change in lines 4 through 27 to add context. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

passed · Delaware · Senate Jun 5, 2019

SB 77: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR COUNTIES AND MUNICIPALITIES.

This Act authorizes the Division of Motor Vehicles (“Division”) to issue special registration plates in support of Delaware's 3 counties and 57 municipalities without having to enact a special law for each request. If a municipality has less than 1,000 residents the Division may approve the issuance of a municipality’s special registration plate based on less than 50 applications. This Act assesses a 1-time, $20 fee, $10 of which must be deposited by the Division into a special account to be directed to each county or municipality to support the county’s or municipality's operations.

signed · Delaware · House Jun 5, 2019

HB 62: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION.

This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Jun 5, 2019

HB 150: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE SCHOOL SAFETY AND SECURITY FUND.

This bill removes panic button hardware or software as eligible expenses from the fund because the State has established the RAVE Mobile Security System through the Department of Safety and Homeland Security

in committee · Delaware · Senate Jun 5, 2019

SB 108: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH RESOURCES BOARD.

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 Delaware Health Resources Board was identified as needing 3 major changes: reducing the number of members to make it easier to make quorum and fill Board vacancies, updating language to provide for 3-year terms, and authorizing the Board to elect a vice chair. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jun 5, 2019

HB 68: AN ACT TO AMEND CHAPTER 27, VOLUME 79 AND CHAPTER 74, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO FORECLOSURE AND CONSUMER PROTECTION.

This Act extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education through December 31, 2024. The Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education were established by 3 different Acts which each sunset after 2 years, based upon the effective date of each Act. The sunset periods have been extended for additional 2 year periods so that the Office of Foreclosure Prevention and Financial Education sunsets in September 2019; § 5062C and § 5062D of Title 10 sunset in January 2020; and § 5062A of Title 10 sunset in January 2019. In addition to providing a uniform date for the expiration of the entire Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education, this Act makes the expiration date a new subsection of each statute, so that the effective period of the law is clear and easily identified.

signed · Delaware · House Jun 5, 2019

HB 104: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL AND MENTAL HEALTH COMMISSION.

This bill addresses the Behavioral and Mental Health Commission and functionally narrows its scope to peer review responsibilities. This peer review function provides independent oversight to Delaware’s mental health system without authority to force changes on the State. Much of the current broader responsibilities of the larger Commission overlap with the Governor’s Advisory Committee to DSAMH. The proposed changes do not replace or eliminate the Addiction Action Committee. This is merely to ensure that all commissions and committees have their own discrete area in which to focus.

signed · Delaware · House Jun 5, 2019

HB 93: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.

This Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results