This Act would permit the Superior Court to conduct an evidentiary hearing, upon motion from the Department of Services for Children, Youth & Their Families, before placing a child 16 years of age or older, in a secure detention facility pending trial. The purpose of the hearing is for the Court to determine whether the child should be placed in a facility not operated by the Department because either the Department’s facilities are at or beyond capacity or the child is deemed to be a risk to self or to other children held in secure detention facilities operated by the Department. If the Court orders the child transferred solely because the Department’s facilities are at or beyond capacity, the Court shall require the Department to transfer the child as soon as the capacity level is below capacity and to provide at least weekly updates on the capacity to the Court and no child may be held in a facility for adults for longer than 60 days. A child may also be transferred if the Court finds clear and convincing evidence that the child is a danger to self or other youth and the child’s needs would be better served at a facility not operated by the Department. This bill contains a sunset provision that is 2 years from the effective date.
This Act permits an insurance company to apply for and receive a salvage certificate, clear of all liens, after payment of a total loss claim, if the insurance company has not been able to obtain the properly endorsed certificate of title. This Act also permits a licensed auto actions to apply for and receive a salvage certificate, clear of all liens, if the auto auction took possession of motor vehicle at the request of an insurance company and the motor vehicle has been abandoned at the auto auction facility for more than 30 days. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
In 2017, HB 114 raised the minimum bodily injury and property damage liability limits set forth at 21 Del. C. § 2902(b)(2) from $15,000/$30,000/$5,000 to $25,000/$50,000/$10,000. However, HB 114 did not address the issue of combined single limits, and did not change the definition of “proof of financial responsibility” in the definitions section of Title 21. The purpose of this bill is to resolve the statutory conflict that was created when HB 114 was passed in 2017.
This Act creates a state mass layoff and plant closing notice requirement law that requires certain larger employers to provide their employees with adequate notice when they plan to go out of business, close a plant, or lay off a large number of employees. This Act requires employers to also notify the Department of planned mass layoffs and plant closings, so the Department can provide dislocated workers with services to assist them in returning to work as soon as possible. This Act imposes greater notice requirements on employers than the federal Worker Adjustment and Retraining Notification Act (“WARN Act”). This Act authorizes the Department of Labor to investigate violations, conduct administrative hearings for employers who are alleged to have violated this Act, and pursue penalties for failure of an employer to comply with the notice requirements to its employees.
This Bill eliminates the prohibition against hunting for deer on Sundays. Additionally, it maintains the applicable agency regulating public lands authority and discretion to regulate, including prohibition of, deer hunting on Sundays. Lastly, the bill allows for the harvesting of deer on Sundays through DNREC’s deer depredation programs.
This Act redefines “resident” to mean one who is legally domiciled in the State for 10 years immediately preceding October of the pretax year. This change means that one must be domiciled in the State for 10 years before one who is over the age of 65 can receive the exemption from real estate taxes provided by Subchapter II, Chapter 81, Title 9 of the Delaware Code. This change is consistent with a similar change made to the residency requirements of those who are over the age of 65 and claiming a tax credit against school taxes (See House Bill No. 99, as amended, from the 149th General Assembly; Chapter 71, Volume 81 of the Laws of Delaware). This Act also corrects language in the definition of “income.” This language operates to reference income information that is a year old at the time provided. Removing this language will mean income information for the most recent federal and state income tax years is provided. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act allows the Department of Natural Resources and Environmental Control to lease historic structures on State public lands to individuals or corporate entities. The lessee would be required to renovate and maintain the structure up to the applicable National Park Service Secretary of Interior Standards, would be permitted to insure the property and are eligible for Land and Historic Resource Tax Credits. DNREC is required adopt any necessary rules and regulations to implement the Act and may require the lessee to abide by any other lease conditions or commitments, including specific expenditure requirements, which the DNREC deems advisable for the public good. This Act will ensure that DNREC has the authority to enter into curatorship agreements for historic properties in grave need of restoration. It clarifies that DNREC’s Resident Curatorship program which has operated for over a decade is not in conflict with Delaware Landlord Tenant Code and allows for private investment that will revert to the State of Delaware at the conclusion of the agreement. Currently there are four historic Delaware State Park properties available through the program to potential curators and the program has saved three historic structures through curatorship’s at Lums Pond, Cape Henlopen and Fort DuPont State Parks.
This Act removes from the definition of “free standing emergency departments” those emergency departments that are owned by an existing, licensed hospital in this State that has already been authorized and licensed to provide emergency services. This Act also makes technical changes.
This bill changes the time of school board and school referendum election from 10:00 a.m. to 8:00 p.m. to 8:00 a.m. to 8:00 p.m.
The Public Service Commission conducts an annual review of the process by which Delmarva Power obtains electricity to deliver to its customers. With 100% of supply coming from market based auctions, there has been little need to continue the Integrated Resource Plan (IRP) planning process. Under current legislation, Delmarva Power must conduct a complete IRP every two years. The IRP, while helpful in exploring possible changes in long term approaches to electric supply, is an expensive process, the cost of which is added to utility rates. This Bill extends the filing time for future IRP’s to those occasions when Delmarva Power elects to make a significant change in its source of electric supply or as the Commission may direct. This will reduce the customer costs to complete an IRP every two years, along with Commission time and effort for review.
This bill adds to the requirements for licensure as a River Pilot Apprentice that an applicant not have been convicted of a crime substantially related to the practice of river piloting. This bill empowers the Board of Pilot Commissioners to waive such a disqualifier to licensure if it finds that the applicant is otherwise capable of practicing in a safe and competent manner, and the granting of a waiver will not endanger the public health, safety, or welfare. This language tracks that which is already included in most Title 24 boards’ statutes. This bill also empowers the Board of River Pilot Commissioners to discipline any licensee who is convicted of a crime substantially related to the practice of river piloting after obtaining licensure, and to discipline any licensee who has a river pilot license disciplined by another jurisdiction. This language also tracks that which is already included in most Title 24 boards’ statutes.
Birth control use is nearly universal among women of reproductive age in the United States and is a key part of preventative health care for women. Access to birth control provides health benefits for women and children, improves women's ability to control whether and when they have a child, and fosters women's ability to participate in education and the workforce. However, the cost of birth control, particularly the higher up-front costs of the more effective, longer-acting birth control methods, is often a barrier to women accessing the birth control they need. This Act codifies the current federal requirement that health insurance plans include coverage for contraceptives and applies this requirement to individual, group, State employee, and public assistance plans. This Act retains the current ability for religious employers to exclude coverage for the insertion and removal and medically necessary examination associated with the use of FDA-approved drugs or devices.
