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Bill results

signed · Delaware · Senate Jul 11, 2018

SB 229: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE TO IMPOSE A REQUIRMENT THAT INFORMED CONSENT BE OBTAINED PRIOR TO THE COLLECTION OF NATURAL RESOURCE DATA ON PRIVATE PROPERTY.

This Act acknowledges that the Department of Natural Resources and Environmental Control has been collecting natural resource data for years without the consent of the respective property owners. From the date of this Act forward, the Department must obtain written consent prior to physically entering onto private property for the purpose of collecting Natural Resource Data.
Ernesto B. Lopez (R) · 11 co-sponsors
signed · Delaware · Senate Jul 11, 2018

SB 234: AN ACT TO AMEND TITLE 14 CHAPTER 12 OF THE DELAWARE CODE RELATING TO THE LIMITATION, SUSPENSION AND REVOCATION OF EDUCATOR LICENSES.

Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal, termination). The Department believes that its ability, as the agency issuing professional teaching credentials to educators, to undertake licensure action should be separate from any action by the public school employer. Further, the Department seeks to expand the circumstances in which the Secretary may automatically suspend teaching credentials, specifically to include situations involving felony crimes against a children or where there is a clear and immediate danger to student safety or welfare. This bill removes the requirement of employment action before disciplinable offenses may be handled by the Department, making this licensure disciplinary structure consistent with how other licensed professions are handled in this State. The bill also creates the power to impose temporary emergency suspensions in those rare instances where a teacher poses a threat to student health, safety, or welfare. Finally, this bill creates the confidential letter of concern that is non-disciplinary and may be used in those instances where a teacher’s behavior is not in violation of the code, but indicative of a practice that is a matter of concern. These two provisions also make teacher licensure discipline more similar to other licensed professions in the State.
Earl G. Jaques Jr. (D) Pete Schwartzkopf (D) Dave Sokola (D) Bryan Townsend (D) · 6 co-sponsors
signed · Delaware · House Jul 11, 2018

HB 326: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVANCE SCHOLARSHIP PROGRAM.

This Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.
Nicole Poore (D) Kim Williams (D) · 12 co-sponsors
signed · Delaware · House Jul 1, 2018

HB 379: AN ACT TO AMEND THE CHARTER OF THE TOWN OF WOODSIDE.

Section 1 clarifies the Town’s nuisance and dangerous building abatement powers and requires property owners to pay for the abatement costs. This section further clarifies the Town’s ability to grant franchises, licenses, and permits, and impose fees for the same. It authorizes the Town to impose a realty transfer tax, and it increases the maximum penalty for a code violation to $500.00. Section 2 authorizes the Town to annex property and creates procedures for the annexation of property. Section 3 reduces the number of members on the Town Council from seven to five and eliminates the elected positions of secretary, treasurer, and tax collector. This section prohibits individuals convicted of a felony from running for Mayor or Council. This section establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, and the establishment of the elections board. This section requires voters to be United States citizens. Section 4 establishes the term of office for Mayor and Council as two years, and outlines how the Town Council will transition from seven to five council members. Section 5 clarifies the Council’s ability to fill a vacancy on Council regardless of how that vacancy occurred, and it makes other changes to create consistency with the re-organization of the structure of the Town Council. Section 6 creates an organizational meeting at which a council secretary and treasurer are appointed each year. Section 7 clarifies who can be appointed as the Tax Collector and authorizes the Council to employ other individuals as needed by the Town. This section clarifies when regular meetings are held and allows electronic communication to be used to notify the Mayor and Council of special meetings. Section 8 authorizes the Town to have the same tax collection powers as Kent County and authorizes the Town to recover expenses incurred to collect taxes through legal proceedings. This section authorizes a court or administrative body to award the Town its costs of prosecution when the Town is the prevailing party in a legal proceeding to enforce an ordinance or collect an amount owed to the Town.
Lyndon Yearick (R) Colin Bonini (R)
in committee · Delaware · Senate Jul 1, 2018

SB 267: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ARCHAEOLOGICAL RESOURCES IN THIS STATE.

Section 5301(3) of Title 7 provides that it is the Department of State’s (“Department”) duty “to protect and encourage the preservation of archaeological resources located on privately owned lands in this State.” This Act enables the Department to better fulfill this duty by requiring a person required to submit a project for pre-application review under § 9204 of Title 29 to submit the following as part of the review process: (1) Any existing archeological report or survey concerning the property that is in the applicant’s possession. (2) Any proposal to conduct an archeological report or survey of the property prepared for or at the request of the applicant. This Act replaces Senate Bill No. 248.
Ernesto B. Lopez (R) Stephen Smyk (R) · 3 co-sponsors
in committee · Delaware · Senate Jul 1, 2018

SB 248: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ARCHAEOLOGICAL RESOURCES IN THIS STATE.

Section 5301(3) of Title 7 provides that it is the Department of State’s (“Department”) duty “to protect and encourage the preservation of archaeological resources located on privately owned lands in this State.” This Act enables the Department to better fulfill this duty by requiring both of the following: (1) A person who proposes or plans to subdivide or rezone privately owned land subject to pre-application review under § 9203 of Title 29 to submit to the Director the Division of Historical and Cultural Affairs (“Director”) any proposed or existing study or report on archaeological resources on the privately owned land. (2) The Director to review the study or report submitted and provide comment relating to the protection or preservation of archaeological resources on the privately owned land.
Ernesto B. Lopez (R) Stephen Smyk (R) · 3 co-sponsors
passed · Delaware · Senate Jul 1, 2018

SCR 80: REQUESTING THE DEPARTMENT OF TRANSPORTATION AND THE DELAWARE STATE POLICE EXAMINE THE ISSUE OF SLOWER TRAFFIC IN THE LEFT HAND LANE AND REPORT RECOMMENDATIONS TO ADDRESS THIS ISSUE.

This Concurrent Resolution requests the Department of Transportation and Delaware State Police examine the issue of slower traffic in the left hand lane and jointly report to the General Assembly by November 1, 2018, their recommendations, if any, for action to address this issue.
Ed Osienski (D) Bryan Townsend (D)
signed · Delaware · House Jul 1, 2018

HB 396: AN ACT TO AMEND THE CHARTER OF THE TOWN OF SMYRNA

This Bill amends the Charter of the Town of Smyrna in the following ways: Section 1 removes the Board of Assessment from the list of Boards the Town can appoint. Section 2 replaces the appointment of a Board of Assessment with a Tax Assessor, which may be a qualified individual or entity. Section 2 eliminates language regarding the swearing in of the Board of Assessment and replaces references to the Board of Assessment with Tax Assessor. Section 3 replaces references to the Board of Assessment with Tax Assessor. Section 4 replaces references to the Board of Assessment with Tax Assessor and requires the Tax Assessor to be available to answer questions and provide information on the date of assessment appeals. Section 5 increases the timeframe for repaying short term borrowings from five years to fifteen years. Section 5 states that expenditures not secured by the full faith and credit of the town are exempt from the requirements of section 13 and that the Town Council may adopt an ordinance authorizing the Town Manager to borrow up to $100,000 without a Resolution of the Town Council approving the borrowing.
Bill Carson (D) Bruce C. Ennis (D) · 3 co-sponsors
signed · Delaware · House Jul 1, 2018

HB 355: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

This Act allows an agency, as defined in § 6902 of Title 29, (“agency”) to accept electronic bid submissions and on-line bidding for contracts procuring material and nonprofessional services. This Act also expands the use of electronic bid submission and on-line bidding to be used for large public works contracts and large professional service contracts by the Office of Management and Budget or an agency. This Act also makes the Section of Government Support Services in the Office of Management and Budget responsible for administering the State’s centralized contract development, solicitation, evaluation, and contract administration system on behalf of all agencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Ed Osienski (D) Stephanie Hansen (D) · 6 co-sponsors
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