Delaware Bills

signed · Delaware · Senate Aug 30, 2017

SB 99: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE DELETION OF FRONT FOOTAGE CALCULATION AS THE ONLY METHOD OF DETERMINING SEWER ASSESSMENTS.

This legislation eliminates front footage calculations as the sole method of collecting sewer assessments for county sewer users. It provides a broad list of possible methods of determining the amount of the sewer assessment for each property, including, but not limited to front footage, usage, fixtures, Equivalent Dwelling Units (EDUs) or other factors. The methods are the same as those currently in Chapter 67 of the Delaware Code for sewer charges.

signed · Delaware · Senate Aug 30, 2017

SB 68: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT.

The primary purpose of this bill is to provide for an increase in fees collected with annual hazardous chemical inventory reports submitted by facilities. The bill also makes certain technical corrections. Sections 1 and 2 of the bill add the term “safety data sheets,” where applicable, so that the terminology in Chapter 63, Title 16 of the Delaware Code comports with federal and international standards. Section 3 of this bill would increase the current fee per hazardous chemical from $40 to $60, and per extremely hazardous substance from $80 to $100, starting in 2018. Existing fee amounts are maintained for reports submitted late for back years. The fees were originally established in 1991, and have remained unchanged for 26 years. Fees collected are appropriated to the State Emergency Response Commission (SERC), and are used primarily to support operation of Local Emergency Planning Committees (LEPCS). Funds are also used to support emergency response vehicles for decontamination. Section 4 of this bill removes an unneeded provision that conflicts with the purpose of the fees as stated within Chapter 63. Section 5 inserts an exemption provision omitted when Chapter 63 was originally established, and provides alignment with related federal reporting requirements.

signed · Delaware · House Aug 30, 2017

HB 178: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MINORS' PETITIONS FOR NAME CHANGE.

The children of parents who divorce or were never married often share a surname with only one parent, which may lead to confusion or hardship when schools, doctors, or others fail to recognize the child’s connection with the parent with whom the child does not share a similar surname. Parents and children in such circumstances have compelling reason to seek to add a second surname to the child’s name. Delaware law currently provides that a petition to change a minor’s surname should be granted if there are no reasons for not granting the petition. This standard applies to changing a minor’s name, regardless of whether the change is to eliminate and replace an existing surname or simply add a second surname, and also puts the burden on the petitioning parent to demonstrate that the petition should be granted. This Act separates circumstance in which a parent seeks to replace a minor’s surname from those in which a parent seeks to add to the minor’s surname, by establishing a presumption in favor of granting a petition to add a parent’s surname to a minor’s surname either as an additional name or hyphenated with the minor’s previously existing surname. The presumption in favor of granting the petition may be overcome by the opposing parent establishing by clear and convincing evidence that the consideration of several, specific factors demonstrate that granting the petition would cause the minor more harm than benefit. The factors specified in this Act are taken from the larger list of factors which Delaware Courts have developed through case law to consider when determining whether to grant a petition to change a minor’s surname and do not include the factors which are relevant only when a parent seeks to replace, rather than add to, the minor’s surname.

signed · Delaware · House Aug 30, 2017

HB 43: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PENSIONS.

This bill clarifies that a Department of Correction's employee who has served for 25 years with at least 20 years as a correction officer is eligible to retire at 25 years.

signed · Delaware · Senate Aug 30, 2017

SB 108: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE OR REGISTRATION PLATES.

SB 164 of the 148th General Assembly created a special license plate for professional paramedics and retired professional paramedics. This Act provides an additional officer, at the county level, to verify an applicant's eligibility for this special license plate.

signed · Delaware · House Aug 30, 2017

HB 183: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD DEATH REVIEWS.

This Act clarifies that the reviews of child and maternal deaths are confidential and may not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Death Review Commission are protected.

signed · Delaware · Senate Aug 30, 2017

SB 96: AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES RELATING TO VOTER ELIGIBILITY IN SPECIAL ANNEXATION ELECTIONS AND INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES.

This Act amends the Charter for the City of Lewes to make residents who are not property owners or leaseholders in the City or in an area to be annexed ineligible to vote in a special annexation election. This Act also creates a new Section 40, providing for the indemnification of City officers and employees in criminal, civil, quasi-judicial, and administrative actions in appropriate circumstances.

signed · Delaware · Senate Aug 30, 2017

SB 38: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO EXEMPTIONS TO REAL PROPERTY TAXES FOR AN INDIVIDUAL WITH A DISABILITY.

For purposes of clarity regarding Delaware's commitment to supporting Delawareans with disabilities, including military service-related disabilities, this Act codifies existing county-level tax exemptions. Absent this Act, Delaware will continue to be one of the only states, if not the only state, that is silent at the state level with regard to exemptions for service-related disabilities. This Act requires a county government to provide exemptions to real property taxes for individuals with a disability that are at least as generous as the exemptions currently provided by the county government. In addition, if a county government provides an additional exemption to real property taxes for individuals with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services, the county government must provide exemptions that are at least as generous as the exemptions currently provided by the county government.

signed · Delaware · House Aug 30, 2017

HB 252: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO PROCEDURE, ADMINISTRATION AND ENFORCEMENT OF LIABILITY FOR TAXES.

Section 1 of this Act enhances the State’s ability to collect delinquent taxes by (a) allowing for renewal of a judgment for unpaid taxes beyond the current 20 year limit for an additional term of 20 years, and (b) allows for recording of a judgment for unpaid taxes in any county of the State. Section 2 makes it clear that this legislation is effective as of July 1, 2017.

signed · Delaware · Senate Aug 30, 2017

SB 82: AN ACT TO AMEND THE CHARTER OF THE CITY OF MILFORD.

This Act amends the Milford City Charter. The changes are comprehensive in nature and designed to amend and revise many of the outdated provisions dating back to the Act reincorporating the City of Milford in 1970. Many of the changes are technical in nature, including updated terminology and re-organization. There are substantive changes to certain procedures including annexation, tax collection, voting, and vacancies. Some provisions are being removed due to their current inapplicability, such as those relating to the City Alderman. There are also changes updating the powers and authority of city officials along with new provisions relating to ethics and the code of conduct.

signed · Delaware · House Aug 30, 2017

HB 181: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RESPONSES TO CHILD ABUSE AND NEGLECT.

This Act makes updates to how reports of child abuse and neglect are handled by the various members of the multidisciplinary team. The Act codifies the multidisciplinary team and case. The Act adds additional duties to the Investigation Coordinator, law enforcement, the Department of Justice and the Division of Family Services that are current best practices but not required by law. The Act reorganizes the section pertaining to the Division of Family Services to reflect current best practices. The Act allows nurse practitioners to take emergency protective custody. This Act also makes technical corrections to conform existing law to standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Aug 30, 2017

SB 77: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO AQUACULTURE.

As a result of the passage of the in Inland Bays Aquaculture Act, numerous ongoing concerns have been raised during subsequent public meetings and a public hearing. As a result of those meetings, the Secretary's Order No. 2016-W-0049 reduced the number and location of leasable sites, and eliminated oyster aquaculture in the Little Assawoman Bay. This Act seeks to ensure the following: sites eliminated in the Secretary's Order cannot be considered for leasing for aquaculture; the elimination of poles as a form of markings of any and all leased sites within the Little Assawoman Bay; and limiting all aquaculture leased sites in the Little Assawoman Bay to hard clams only.

Bill results