Delaware Bills

passed both · Delaware · House Jun 7, 2018

HB 399: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.

This is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights amendment, women's rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality.

Stephanie Hansen (D) Val Longhurst (D) Margaret Rose Henry (D) Bryan Townsend (D) · 32 co-sponsors

signed · Delaware · House Jun 7, 2018

HB 140: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFANTS WITH PRENATAL SUBSTANCE EXPOSURE.

This non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.

signed · Delaware · Senate Jun 7, 2018

SB 154: AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY.

Section 1 eliminates the need to use an ordinance to appoint a Town Manager and specifies that all departments, including the Police Department, report directly to the Town Manager. Section 2 outlines the Town Manager's responsibility for the Police Department. Section 3 eliminates the organizational details of the beach patrol.

in committee · Delaware · Senate Jun 7, 2018

SB 23: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT JUSTIFICATION.

Section 7042 of Title 25 of the Delaware Code lists the completion and cost of any capital improvements or rehabilitation work in a manufactured home community, as distinguished from ordinary repair, replacement, and maintenance, as a factor that may justify an increase in rent but only until the cost of the improvement has been fully recovered. Like Senate Substitute No. 2 for SB 23, this Act clarifies this provision by making the recovery of such capital improvement or rehabilitation work a fee under § 7008, the fee section of this chapter, so that it is a separate charge from rent and provides notice requirements regarding the fee. This Act provides a revised definition of capital improvement and rehabilitation work. This definition is placed in the definitions section of Chapter 70. Chapter 70 defines rent as including fees, preserving a community owner’s ability to enforce payment of the fee. By identifying this assessment as a fee, it is clearly identified as separate from a base rent increase. Senate Substitute No. 3 for Senate Bill No. 23 differs from Senate Substitute No. 2 for Senate Bill No. 22 as follows: 1. It removes lines from the definition of capital improvement or rehabilitation work that conflict with the rest of the definition. 2. It adds the requirement that capital improvement or rehabilitation work must benefit the entire manufactured home community. 3. It limits the correction of deficiencies to comply with changes to building codes or laws enacted after construction was completed. 4. It clarifies that the community owner must still comply with other provisions of the rent justification law, § 7042(a)(1) and § 7043 of Title 25, before imposing this fee. 5. Permits a challenge to the fee to be consolidated with other proceedings challenging a rent increase under § 7042 and § 7043 of Title 25. 6. It adds that the fee must be collected at a rate of 10% of the cost of the capital improvement or rehabilitation work or over the number of years necessary to not exceed 10% of the rent, whichever amount is lower. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jun 7, 2018

SB 150: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE POLICE ACCREDITATION COMMISSION.

This Act reduces the membership on the Delaware Police Accreditation Commission from 16 members to 12 members. The Act also provides that: i) the Secretary of the Department of Safety and Homeland Security may not vote except to break a tie; and ii) members of the Commission may appoint a designee to serve in their stead and at their pleasure.

passed · Delaware · House Jun 6, 2018

HR 30: RECOGNIZING JUNE 2018 AS AMATEUR RADIO MONTH IN DELAWARE.

Passed In House by Voice Vote

passed · Delaware · Senate Jun 6, 2018

SB 179: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING THE DIVISION OF THE PUBLIC ADVOCATE.

This Act clarifies that the Public Advocate may appear before any federal or state court or federal or state administrative body in matters involving public utility rates, service, practices, and energy policy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Jun 6, 2018

HB 427: AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO AERONAUTICS.

This Act does all of the following: (1) Requires certain registered aircraft owners to pay an annual fee. (2) Provides exceptions for registered aircraft based in Delaware. (3) Directs the Department to collect fees, as provided for in this Act. (4) Requires the Department to deposit the funds collected under this Act into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department’s responsibilities concerning aviation in this State. This Act takes effect on January 1, 2019.

in committee · Delaware · House Jun 6, 2018

HB 428: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL TAX.

This Act does all of the following: (1) Imposes a 5 cent per gallon tax on certain aviation jet fuel. (2) Provides the procedures for collecting the tax. These procedures are the same as the procedures under Subchapter II of Chapter 51 of Title 30; however, this Act makes technical corrections to those procedures to conform the law to the standards of the Delaware Legislative Drafting Manual. (3) Gives the Department of Transportation (“Department”) authority to establish regulations and otherwise enforce the collection of the new tax. (4) Requires the Department to deposit the proceeds of the tax into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department’s responsibilities concerning aviation in this State. This Act takes effect on July 1, 2018.

in committee · Delaware · Senate Jun 6, 2018

SB 211: AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE CREATION AND REGULATION OF BUSINESS DEVELOPMENT BANKS.

This Act authorizes the creation and regulation of a new type of limited-purpose bank, the "Business Development Bank." Modeled on Delaware's successful credit card bank laws, this Act would allow Business Development Banks, or "BDBs," to concentrate their resources in the commercial lending space, leverage technology and expertise, and partner with existing banks to serve a broader spectrum of small to medium-sized businesses. This Act would limit the permissible activities of the BDBs to ensure that they cannot compete with existing banks for consumer customers or to provide several other forms of bank or trust services.

in committee · Delaware · House Jun 6, 2018

HB 424: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CHILDHOOD LEAD POISONING PREVENTION ACT.

At this time, the 24-month testing rates are well below what the Division of Public Health would expect them to be based upon the risk factors that determine when testing is necessary. This bill simplifies the requirements and the process for physicians and eliminates confusion that may be causing the low compliance rate for the second test. With better compliance, the Division of Public Health will have a much clearer picture of lead exposure in Delaware. This bill also requires the Division of Public Health to review the criteria for testing every 5 years. This requirement would actively foster discussions between the Division and stakeholders to ensure that the best balance is struck between the burden of testing and the protection to children.

passed · Delaware · Senate Jun 6, 2018

SB 188: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND ELECTRIC AND NATURAL GAS VEHICLE CHARGING SERVICE.

The current definition of public utility includes providers of electric or natural gas charging service. However, many parties believe it is neither desirable nor necessary to regulate such providers in Delaware. This proposed legislation modifies the definition to exempt providers of electric and natural gas vehicle charging service from regulation as a public utility.

Bill results