Delaware Bills

signed · Delaware · House Oct 21, 2022

HB 354: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DELAWARE’S WHISTLEBLOWERS PROTECTION ACT.

This Act amends Delaware’s Whistleblower Protection Act to preclude an employer from reporting or threatening to report an employee’s citizenship or immigration status or a family members citizenship or immigration status to a federal, state, or local agency, in response to the employee engaging in a protected activity under Delaware’s Whistleblower Act.

signed · Delaware · House Oct 21, 2022

HB 461: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO COURT REPORTERS.

This Act modifies Superior Court’s statute pertaining to creation of the Court’s record. Previously, the statute only contemplated stenographic recording of court proceedings. Technology has advanced which permits the Court to utilize other methods, in addition to stenographers, to create the court’s record. This Act updates the statutory language related to court reports and is consistent with language used by other Delaware Courts.

signed · Delaware · House Oct 21, 2022

HB 439: AN ACT TO AMEND TITLE 29 RELATING TO THE WATER INFRASTRUCTURE ADVISORY COUNCIL.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Water Infrastructure Advisory Council ("WIAC"). This Act clarifies quorum, removes a prohibition against WIAC members voting when attending a meeting virtually, and authorizes WIAC to adopt procedural rules to carry out its functions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Oct 21, 2022

SB 308: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE-RESISTANCE-RELATED CONSTRUCTION.

This bill brings Delaware into conformity with national standards on fire safety dampers and smoke dampers. It requires all buildings of public accommodation and shared residential buildings to conform to standards that will ensure life-saving alarms and fire dampening efforts are safe and up to nationally recognized standards.

signed · Delaware · Senate Oct 21, 2022

SB 261: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO NUTRIENT MANAGEMENT.

This act streamlines the appointment process for the Delaware Nutrient Management Commission, expands the definition of dairy farmer to include all cattlemen, consolidates the appointment authorities, and simplifies the number of representatives.

signed · Delaware · House Oct 21, 2022

HB 459: AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELLENDALE.

This Act amends the Charter of the Town of Ellendale in the following ways: 1. Replaces the legal description in the Charter, instead referring to the legal description found in the Sussex County Recorder of Deeds. 2. Some technical corrections and updates to antiquated language. 3. Clarifies if a municipal election falls on January 1st, the election will be held on the Second Saturday of January. 4. Clarifies public notice requirements for Special Meetings of the Town Council. 5. Clarifies that in the absence of an ordinance regarding Quorum requirements, Mason’s Rules of Order shall apply. 6. Clarifies that for a Councilmember to lose their seat, the crime being committed must be a felony 7. Public Notice of Council Meetings is to be posted at least one hour prior to the start of the meeting. 8. Removes from the Collection of Town Taxes from the Clerk’s duties, and assigns those duties instead to a Collector of Taxes, as an alternative to the Town Treasurer. 9. In determining late fees, the Town will rely on a fee schedule, rather than 1% per centum per month. 10. Removes certain powers given to the Town by the Charter, such as the prevention of vice, prohibition of gaming, regulating the observance of the Sabbath, and the ability to levy a per capita tax on all eligible voters 11. Removes a $50,000 limit on real estate taxes. 12. The town is now permitted to borrow $100,000 on behalf of the town, as opposed to the previous limit of $60,000. 13. In the Town Budget, it will no longer be required to include the value of supplies and materials on hand. 14. Raises the amount from $5,000 to $10,000 for contracts in which competitive bidding is not required. 15. Annexation requirements now are applicable when the proposed annexation exceeds 10 acres. 16. Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act and the Special Development District Act. 17. Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. 18. Collect special ad valorem taxes and special taxes related to the municipal development districts. 19. Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any municipal development districts

signed · Delaware · House Oct 21, 2022

HB 339: AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO THE REAL PROPERTY LIEN OF CRIMINAL-RELATED JUDGMENTS.

This Act provides protection to homeowners from sellers that may have misled buyers (or their settlement attorneys) regarding a criminal judgment that attached to real property. It prevents innocent owners from potentially becoming a second victim by having a prior owner’s lien attach for more than 7 years after the settlement.

signed · Delaware · Senate Oct 21, 2022

SB 13: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

This Act creates a “Ban the Box” policy for postsecondary institutions in the state. “Ban the Box” or “Beyond the Box” policies refer to the removal of questions about one’s criminal conviction history on a college or job application. Research shows that questions about criminal conviction history deter individuals from applying to an institution and increase the likelihood of rejection, with a disproportionate effect on people of color. This Act promotes diversity by prohibiting academic institutions from inquiring into an applicant’s criminal conviction history, with limited exceptions for inquiries into certain types of offenses such as stalking and sexual assault. If the institution elects to deny an applicant because of a conviction for such an offense, it must disclose that fact to the applicant. After an applicant has been admitted, an institution may inquire into the applicant’s criminal conviction history for the limited purposes of offering counseling and making decisions concerning the applicant’s participation in campus life. In addition, the Act requires the Department of Education to compile and complete an annual report on admissions from each academic institution, including the race and gender of the applicants and of the accepted students.

signed · Delaware · Senate Oct 21, 2022

SB 271: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE AND THE ISSUANCE OF ARREST WARRANTS.

The Justice of the Peace Court actively discourages the acceptance of warrants from citizens, yet the statute as it currently stands may be interpreted to allow such warrants. This Act abolishes citizen warrants in the Justice of the Peace Court and creates a requirement that all warrants must issue only by information sworn to by a law-enforcement officer.

signed · Delaware · House Oct 21, 2022

HB 302: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FORGERY OF PROOF OF VACCINATION.

House Bill No. 302 clarifies that the creation or possession of an altered or fake vaccination document is forgery in the second degree. This crime includes electronic vaccination documents because the existing definition of "written instrument" under § 863 of Title 11 includes electronic equivalents. This Act does not address electronic vaccination records because the existing crime of misusing computer system information, § 935 of Title 11, clearly covers tampering with computer records, which includes vaccination records. House Substitute No. 1 for House Bill No. 302 revises the language describing the altered or fake vaccination document so it cannot be read as requiring each of the details listed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Oct 21, 2022

HB 490: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE USE OF ELECTRONIC TRAFFIC MONITORING FOR VEHICLE OBSTRUCTIONS SYSTEM.

Delaware’s Motor Vehicle Statutes contemplate for vehicle obstructing traffic enforcement by law enforcement agencies. It is not always possible for law enforcement officers to enforce the right-of-way regulations in areas effectively due to a number of considerations, including officer availability and safety. This bill would enable the state and municipal authorities to enforce right-of-way regulations in identified areas more effectively. This bill only imposes civil penalties for violations and does not impose points on an individual’s driver’s license.

signed · Delaware · House Oct 21, 2022

HB 408: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO INDICATING THE HOLDER IS A VETERAN ON DRIVER LICENSES AND NONDRIVER IDENTIFICATION CARDS.

This Act would add designation that the holder is a veteran to the Delaware Driver License or Identification Card upon request. Adding designation that the holder is a veteran to a Driver License or Identification Card would eliminate the need for a veteran to carry a separate card or official discharge forms in order to prove their service.

Bill results