Delaware Bills

signed · Delaware · House Oct 14, 2022

HB 429: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE FINANCIAL PROTECTION PRODUCTS.

This Act adds a “guaranteed asset protection waiver” to the instruments that are exempt from insurance regulation.

signed · Delaware · Senate Oct 14, 2022

SB 209: AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.

In 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this Act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a TNC. The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022.

signed · Delaware · Senate Oct 14, 2022

SB 258: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS.

This Act abrogates current Delaware law as it presently stands regarding available recovery for damages related to injured or deceased pets that are tortiously injured by a third party or a third party’s animal. Under current Delaware law, including cases such as Naples v. Miller, 2009 WL 1163504, (Del. Super. Ct. Apr. 30, 2009), there are substantial limitations on a pet owner’s ability to recover amounts related to the cost of veterinary bills because animals that are pets in Delaware are treated as property. This Act does not change the status of pets as property but does provide new causes of action to address tortious injury to a pet. Under current law, an owner would only be permitted to recover the fair market value of a pet, regardless of the amount of veterinary bills or expenses related to care stemming from a tortious injury that is inflicted. This Act provides that limitations on such actions apply as they would otherwise apply to actions under Delaware’s common law as it relates to negligence, gross negligence, recklessness, wanton behavior, or intentionally tortious behavior where punitive damages could presently be awarded. This Act would permit an action to be brought by a legal entity that owns an animal that suffers tortious injury, although any limitations presently existing that would apply to a legal entity bringing such a claim would apply. Finally, this Act limits the ability to bring a cause of action under this Act to persons who are lawfully in possession of their pet, pursuant to relevant state, county, or municipal limitations, thus barring actions involving unlawfully possessed animals. This substitute act differs from the original through removal of the cap on recoverable veterinary bills incurred due to a tortious injury inflicted upon a pet. This act also differs from the original through removal of the ability to recover damages related to emotional trauma suffered by a pet owner in the face of negligent, reckless, wanton, or intentional tortious injury. The other sources of relief outlined in the original act remain unaltered. This Act shall be referred to as the Izzy the Cat Act, in honor of a cat that was severely injured due to the tortious acts of a third party. Izzy’s injuries were found to be compensable during an insurance arbitration, but were limited to the “fair market value” of Izzy, which does not capture either the expense of caring for significant injuries to a pet or the emotional impact to the pet’s owner. Izzy’s story is like so many other pets who suffer tortious injury with little recourse for the humans that care for them to be truly made whole. This Act will correct these imbalances in Delaware’s laws, and serve as a deterrent to the sort of behavior that leads to the injury or death of the pets of Delaware’s residents and visitors

signed · Delaware · House Oct 14, 2022

HB 338: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE SATISFACTION OF MORTGAGES AFTER A LAPSE OF TIME.

This Act provides an automatic satisfaction of a mortgage 10 years after the maturity date as stated in the mortgage or any recorded extension of the mortgage or, in the absence of a stated maturity date, 40 years after the recording of the mortgage or any extension of the mortgage. This Act also reduces the time after which an attorney may file a certificate of satisfaction under § 2123 of Title 25 of the Delaware Code to 10 years after the maturity date and 40 years after the recording of a mortgage.

signed · Delaware · Senate Oct 14, 2022

SB 312: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

This Substitute Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.

signed · Delaware · House Oct 14, 2022

HB 61: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This bill creates a special license plate for Combat Veterans.

signed · Delaware · House Oct 14, 2022

HB 453: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GENERAL ASSEMBLY.

This Act makes necessary updates to Delaware Code provisions codifying procedures related to the General Assembly to bring these provisions into compliance with current practice and to make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act makes the following substantive changes to these provisions: (1) In Section 8, repeals a procedure that, after the enactment of the Delaware Constitution of 1897, is no longer part of the legislative process. And, in Sections 17, 18, and 19 makes conforming repeals. (2) In Section 9, updates the amount of additional compensation paid to members of the General Assembly who are elected to leadership positions or appointed to serve on a joint committee, consistent with the amounts authorized under the most recent report of the Compensation Commission. (3) In Section 10, updates the amount of the stipend paid to members of the General Assembly consistent with the amount authorized under the most recent report of the Compensation Commission. (4) In Section 13, updates the process for appointing a bill clerk for the Senate and House of Representatives and the duties of the bill clerk. (5) In Section 14, removes the Passed Bill Committee (“Committee”), which has not existed since the mid-1960s. The Committee’s duties related to management and tracking of passed and enacted legislation are reassigned to the Secretary of the Senate and Chief Clerk of the House of Representatives, who have these duties currently. The Committee’s duties related to engrossing legislation are reassigned to the Division of Research, which has these duties currently. The Division is authorized to correct manifest clerical, typographical, and grammatical errors discovered in the engrossment process and required to proofread the engrossment before release to ensure an accurate engrossment of the amendment to the legislation. (6) In Section 15 and 16, changes references to “print” or “printing” to “publish” or “publication” in recognition of 21st Century methods of distributing information. (7) In Section 22, replaces the requirement that a proposed amendment to the United States Constitution be approved by two-thirds of the members of the General Assembly with a requirement that it be approved by a simple majority vote. The two-third vote requirement is unconstitutional under the Delaware Constitution because it conflicts with Section 10 of Article II of the Delaware Constitution, which provides for the passage of legislation by the concurrence of a majority of members elected to each house. The General Assembly cannot alter the requirement of a majority vote without an amendment to the Delaware Constitution. See Section 512 of Mason’s Manual of Legislative Procedure (2020).

signed · Delaware · House Oct 14, 2022

HB 383: AN ACT TO AMEND TITLE 31 RELATING TO "SEEING EYE DOGS."

This Act repeals § 2117, Title 31, which relates to an individual who, by reason of loss or impairment of eyesight or hearing, has a right to be accompanied by a “seeing eye dog,” also known as a “guide dog,” in public conveyances; hotels; lodging places; all places of accommodation, amusement, or resort; and other places to which the general public is invited. This Act is a result of the Joint Legislative Oversight and Sunset Committee’s review of the Division for the Visually Impaired, and furthers the goal of modernizing Chapter 21, Title 31. Section 2117 is antiquated and no longer appropriate to include in Chapter 21, Title 31. The rights of an individual who is accompanied by a service dog are adequately and more appropriately protected through Chapter 45, Title 6 (Equal Accommodations), Chapter 95, Title 16 (Delaware White Cane Law); and § 1917, Title 2 (Transportation Networks – No discrimination; accessibility).

signed · Delaware · House Oct 14, 2022

HB 384: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STATEWIDE CONTRACTS TO SUPPORT EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES.

This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of the Division for the Visually Impaired. Under this Act, the Delaware Industries for the Blind (“DIB”) is repealed. DIB closed operations in March 2017 after experiencing several challenges, including all of the following: - Responding to the recession. - Reduction of resources permitted for state agencies to award employee recognition rewards. - Being classified as a sheltered workshop. - An ineffective and inefficient business model that ultimately resulted in cash flow issues. This Act also makes needed updates to § 9606, Title 16, which relates to the Blind Enterprise Program, a program under Delaware’s Division of Vocational Rehabilitation, authorized by the federal Randolph-Sheppard Act, and monitored by the federal Rehabilitation Services Administration. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Oct 14, 2022

HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEDICAL MARIJUANA ACT.

This Act terminates the Medical Marijuana Act Oversight Committee ("Committee"). After Joint Legislative Oversight and Sunset Committee's ("JLOSC") thoroughly reviewed the Committee, JLOSC concluded that the Office of Medical Marijuana ("Office") oversees a functioning medical marijuana program without support from the Committee. Since October 15, 2015, the Committee has made only 2 recommendations to the Office relating to the medical marijuana program and has not made recommendations to the Governor or the General Assembly. Therefore, the Committee is not meeting a public need. The termination of the Committee is made under JLOSC's authority to terminate an agency under § 10214 of Title 29, and without opposition from the Committee, the Office, or the Department of Health and Social Services.

signed · Delaware · House Oct 14, 2022

HB 394: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION.

This Act provides that the Department of Correction must provide a copy of all policies relating to the accrual and forfeiture of good time to inmates, as well as a quarterly written accounting of good time credit earned and/or forfeited. The requirement that all accrued time must be forfeited upon conviction of any crime within custody, the complete forfeiture will apply only to commission of felonies. Forfeiture of good times for rule violations is changed to apply only to Class I disciplinary violations. The Act also updates § 4322 of Title 11 to allow dissemination of Department of Correction policies and procedures to inmates and the public where such dissemination would not endanger safety or security of a correctional facility, corrections staff, inmates, or the public.

signed · Delaware · House Oct 14, 2022

HB 417: AN ACT TO AMEND TITLES 10, 13, 16 AND 29 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF FAMILY COURT CUSTODY ORDERS.

In cases where the Family Court finds that there are sufficient grounds to order the removal of a child from their home and the Family Court orders custody of the child to the Division of Family Service (DFS), DFS often partners with law enforcement to enforce the order. There have been rare cases where a parent or legal guardian refuses to respond to DFS and law enforcement’s attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the child’s safety. Currently, it is unclear under the Delaware Code whether law enforcement is authorized to enter private property to enforce a Family Court custody order, even after all other avenues and strategies have been exhausted by DFS and law enforcement. The Act clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child.

Bill results