Delaware Bills

signed · Delaware · House Oct 1, 2018

HB 179: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

This Act permits State employees who are employed by the Delaware State Police or Delaware Capitol Police and work in a variety of job titles, all of which are more commonly referred to as "9-1-1 operators," to retire at 25 years without any reduction. Those employees will pay a higher employee contribution rate than other State employees.

Dave Lawson (R) Sean Lynn (D) Brian Pettyjohn (R) · 6 co-sponsors

signed · Delaware · House Oct 1, 2018

HB 411: AN ACT TO AMEND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CONTINUITY OF GOVERNMENT OPERATIONS.

This Act amends Delaware's existing continuity of government laws as required in conjunction with the adoption of House Bill No. 410, which completes the process to amend Article II, § 5 and Article XVII, § 1 of the Delaware Constitution to adopt an "all hazards" approach to continuity of government planning. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Oct 1, 2018

SB 171: AN ACT TO AMEND TITLE 16, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FREE IDENTIFICATION DOCUMENTS FOR INDIVIDUALS BEING RELEASED FROM PRISON.

Individuals who are released from prison face many hurdles as they re-enter the community, including difficulty obtaining identification documents. Lacking identification imposes additional hurdles as these individuals attempt to find housing and employment. This Act requires the Department of Correction to provide individuals who are being released from the custody of the Department of Correction ("DOC"), after 6 months of incarceration following conviction, with a Delaware Personal Credential Card ("Personal Credential"). An individual may present the Personal Credential to receive one free certified copy of the individual's birth certificate and one identification card or driver's license, if otherwise eligible to receive those documents. This Act builds on the pilot that has been in place since 2012, when the DOC partnered with the Division of Motor Vehicles and the Department of Health and Social Services to obtain identification for individuals who volunteer to participate in the I-ADAPT re-entry program. Currently, individuals in I-ADAPT receive a Prisoner Re-Entry card, valid for 1 year, that can be used to obtain to obtain a free copy of their birth certificate, if they were born in Delaware, and a free identification card, if otherwise eligible to receive one.

signed · Delaware · House Oct 1, 2018

HB 163: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE INCOME TAX RETURN.

Currently there are 17 "check-boxes" on the Delaware personal income tax return where taxpayers may designate a portion of their refund or send additional money with their payment due to be credited as a charitable donation to various organizations. The number of organizations has continued to grow over the years without any charities being removed. As a result, a relatively stable total amount of donations is being spread across a larger number of causes, reducing the utility for any single charity and increasing the administrative burden on the Division of Revenue. This bill eliminates the two lowest grossing charitable funds - for the US Olympic Committee and for the Organ and Tissue Donation Awareness Trust Fund, and replaces them with Funds for the Beau Biden Foundation for the Protection of Children and the United Way of Delaware. It also adds a provision to the code capping the number of permissible charity check-offs on the return at 21.

signed · Delaware · Senate Sep 28, 2018

SB 126: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BASIC SALARY SCHEDULE FOR TEACHERS, NURSES, PRINCIPALS, SUPERINTENDENTS, AND OTHER ADMINISTRATIVE AND SUPERVISORY EMPLOYEES.

This Act provides school-based speech-language pathologists and audiologists who hold a current Certificate of Clinical Competence in speech-language pathology, (“CCC-SLP”) or audiology (“CCC-A”), issued by the American Speech-Language and Hearing Association and who hold a current state license to practice from the Delaware Board of Speech Pathologists, Audiologists and Hearing Aid Dispensers with a base salary level of Master’s Plus 30 credits. Professionals who have a CCC-SLP or CCC-A ASHA certification have met the following rigorous academic and professional standards: 1. Successful completion of requisite academic courses by an accredited program. 2. Successful completion of supervised clinical practicum experiences in the practice of speech-language pathology or audiology. 3. Successful completion/passing score on the National Praxis Exam in speech-language pathology or audiology. 4. Successful completion of a Clinical Fellowship. This Act allows speech language pathologists and audiologists who have completed the course work required by state guidelines to apply for an additional 15 credits to move to the Master’s Plus 45 level. This Act contains a grandfather clause that allows school-based speech-language pathologists and audiologists in Delaware who have a master’s degree, a current license, and have worked as a speech-language pathologist for 20 or more years but do not have Certificate of Clinical Competence to, be granted the equivalent pay grade of Master’s Plus 30 with the same additional coursework criteria for moving to Master’s Plus 45 level.

signed · Delaware · Senate Sep 20, 2018

SB 207: AN ACT OPPOSING DRILLING OFF DELAWARE'S COAST AND DIRECTING CERTAIN STATE OFFICIALS AND STATE AGENCIES TO ENFORCE DELAWARE'S RIGHTS RELATING TO OFFSHORE DRILLING UNDER FEDERAL AND STATE ENVIRONMENTAL LAWS.

This Substitute Act does all of the following: (1) Expresses the General Assembly's and Governor's opposition to the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program ("Draft Proposed Program"). (2) Requests the Department of Justice review the Draft Proposed Program, and any other actions taken by the Secretary of the U.S. Department of the Interior targeted at approving an oil and gas leasing program, and take any appropriate legal steps to prevent the sale of oil and gas leases off the coast of the State of Delaware. (3) Directs the Department and the Coastal Zone Industrial Control Board to enforce compliance with the Coastal Zone Act. (4) Directs the Department to review Delaware law to ensure these laws properly reflect Delaware's environmental policy objectives for purposes of their use in the consistency review process under the Coastal Zone Management Act. (5) Directs the Department to report to the Chair of the Senate Environmental, Natural Resources, and Energy Committee and the Chair of the House Natural Resources Committee any legislative changes that are identified as necessary. This Substitute Act differs from the original Act in that it replaces Section 2 and 3 of the original Act with a new Section 2 that provides the Department of Justice with more flexibility to prevent the sale of oil and gas leases off Delaware’s coast.

signed · Delaware · Senate Sep 20, 2018

SB 200: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO OFFSHORE DRILLING AND THE COASTAL ZONE.

This Act prohibits drilling for oil or natural gas in Delaware’s coastal zone and territorial waters and precludes DNREC from issuing any permits in connection with the development of offshore drilling infrastructure, whether proposed for Delaware territorial waters or waters outside of the State.

signed · Delaware · House Sep 17, 2018

HB 382: AN ACT TO RENAME THE DELAWARE DEPARTMENT OF TRANSPORTATION WELCOME CENTER ON INTERSTATE 95 LOCATED AT 530 JFK MEMORIAL HIGHWAY NEWARK, DE 19702 IN HONOR OF THE BIDENS.

This Act has the effect of renaming the Delaware Department of Transportation Welcome Center on Interstate 95 at 530 JFK Memorial Highway, Newark, Delaware as the "Biden Welcome Center" in honor of the Biden family. This gesture is made because of the exemplary service to the State of Delaware the Bidens have provided, and because of their lifelong promotion of this State.

signed · Delaware · House Sep 17, 2018

HB 354: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.

This Act makes the Delaware equal accommodation law internally consistent, correctly organized, and aligned with the Americans with Disabilities Act ("ADA"). This Act corrects the potential for confusion in Chapter 45 of Title 6 in the following ways: 1. The current law states that the purpose of Chapter 45 is to prohibit discrimination based upon physical disability but Chapter 45 actually prohibits discrimination against individuals with physical or mental disabilities. This Act corrects the purpose language in § 4501 of Title 6 by changing the term "physical disability" to "disability" so that it accurately states the scope of the protection provided by of Chapter 45. 2. The current law uses the term "support animal" while the ADA and other states use the term "service animal." This Act replaces the term "support animal" with "service animal" to use the same term as the ADA. 3. The current law defines "support animal" as assisting only individuals with physical disabilities and does not address service animals that assist individuals with nonphysical disabilities, even though Chapter 45 prohibits discrimination against individuals with physical or mental impairments. This Act uses the ADA definition of service animal, which requires that the dog be trained to do work or perform tasks for an individual with a disability. 4. The current law places the prohibition against discriminating against an individual with a support animal in the definition section rather than in the prohibited practices section. This Act moves the requirement that a service animal be permitted to accompany an individual with a disability in public places from the definition of disability to the statute that lists unlawful practices. With these corrections, this Act restructures and corrects the language in Chapter 45 of Title 6 so that it is consistent with the ADA and clear that an individual with any disability, including an individual with Post-Traumatic Stress Disorder or other psychiatric, intellectual, or mental disability, may be accompanied by a service animal in a public place. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 13, 2018

HB 357: AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES.

The Department of Corrections sometimes has difficulty tracking sex offenders coming out of prison because overly restrictive local ordinances can severely restrict the availability of appropriate housing. Homeless sex offenders are less likely to comply with registration requirements and are less able to access required treatment and comply with other supervision conditions. This may contribute to recidivism and detract from public safety. This bill restricts the power of municipalities to impose broader residency and proximity restrictions on sex offenders than those that apply under state law. Specifically, 11 Del. C. 112, prohibits sex offenders from residing or loitering within 500 feet of school property.

signed · Delaware · Senate Sep 13, 2018

SB 193: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE FALSE CLAIMS AND REPORTING ACT.

This Bill updates the State of Delaware’s False Claims and Reporting Act to make it compliant with the requirements of Section 1909 of the Social Security Act. Section 1909 of the Social Security Act provides a financial incentive for States to enact laws that establish liability to the State for individuals and entities that submit false or fraudulent claims to the State Medicaid Program. This incentive provides for a ten percent increase in the share of a qui tam recovery or settlement apportioned to the State. For a State to qualify for this incentive, State law must meet certain requirements enumerated under Section 1909(b) of the Social Security Act, so that the State’s law is at least as effective as the Federal False Claims Act. After review by the Office of Inspector General for the United States Department of Health & Human Services (“OIG-HHS”), it was determined that Delaware’s current False Claims and Reporting Act fails to meet the requirements of Section 1909(b) of the Social Security Act. OIG-HHS has granted Delaware a two-year grace period, ending December 31, 2018, to address these deficiencies. This bill amends the False Claims and Reporting Act to bring it into compliance with the requirements of Section 1909(b).

signed · Delaware · House Sep 13, 2018

HB 402: AN ACT TO AMEND TITLE 14 AND TITLE 21 OF THE DELAWARE CODE RELATING TO EXPULSION OF STUDENTS.

Previously, a school superintendent was required to notify the DMV any time a student was expelled from a public school, at which time the DMV was permitted to suspend or refuse to issue or renew the expelled student a driver’s license. This bill eliminates the ability for the DMV to suspend a student’s driver’s license who has been expelled from a public school.

Bill results