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signed · Delaware · Senate Oct 14, 2022

SB 212: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MEMBERSHIP OF THE DELAWARE NATIVE SPECIES COMMISSION.

This Act clarifies that of the 6 members of the Delaware Native Species Commission (Commission) that represent stakeholder commercial interests, such as land development, farming, and business, no more than 2 members can represent the same commercial interest. This legislation is necessary for the Commission to have the relevant expertise and perspectives for its work.
Sherry Dorsey Walker (D) Stephanie Hansen (D) Debra Heffernan (D) · 5 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 330: AN ACT TO RENAME THE CLAYMONT REGIONAL TRANSPORTATION CENTER AT FIRST STATE CROSSING IN HONOR OF DELAWARE STATE SENATOR HARRIS BROWN MCDOWELL, III.

This Act renames the Claymont Regional Transportation at First State Crossing in Claymont, Delaware as the "Harris B. McDowell, III Transportation Center" after Senator Harris B. McDowell, III, the longest serving member of the Delaware General Assembly.
Krista Griffith (D) Stephanie Hansen (D) Debra Heffernan (D) Darius Brown (D) Spiros Mantzavinos (D) · 26 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 336: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BASIC SALARY SCHEDULE FOR SCHOOL-BASED PHYSICAL THERAPISTS.

This Act provides school-base physical therapists who have graduated from an accredited college or university with the highest level masters or doctorate degree, and who have achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy, with base salaries of Master Plus 30 or Doctorate, and provides the ability to move forward on the salary schedule for additional credits earned. Since 2015, a doctorate degree is required in order to sit for the national physical therapy examination for licensure.
Nicole Poore (D) Rae Moore (D) Val Longhurst (D) · 8 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 418: AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO RIGHT OF WAY PLANS, NOTIFICATION OF PROPERTY DISPOSAL AND REPORTING DATES.

This Act amends §137, Title 17 of the Delaware Code to allow for right of way acquisitions to commence upon the approval of final right of way plans on a parcel by parcel basis. This will improve project delivery by allowing acquisitions on finalized parcels to begin earlier. This Act also adds a requirement for notification to adjoining property owners when parcels with minimal independent utility are available for disposal. This Act amends the reporting date for properties being held for projects, properties deemed surplus, and for excess and unmarketable properties to be submitted by the end of the calendar year, which aligns it with other reporting requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual including moving the series of purposes and means for acquiring property or property rights in paragraph § 137 (a)(1) to a list to make the meaning clearer and easier to cite to.
Stephanie Hansen (D) Tizzy Lockman (D) Sean Matthews (D) · 3 co-sponsors
signed · Delaware · House Oct 14, 2022

HB 449: AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ELEVATOR MECHANICS.

Presently there is no licensure mechanism in place in Delaware for elevator mechanics. This Act creates a new chapter in Title 24 and establishes a regulatory State Board of Elevator Mechanics consisting of 5 members appointed by the Governor including 1 public member, 1 member representing the elevator industry,1 member primarily engaged in elevator repair or maintenance, 1 representing elevator inspection, consulting or engineering firms, and 1 representing a labor organization for elevator mechanics and apprentices. The Board has the responsibility of formulating rules and regulations consistent with the APA under Title 29. The Board, under its rules and regulations, will establish standards for licensure, as a master elevator mechanic and journeyman elevator mechanic and continuing education requirements. The Act sets forth grounds for discipline including suspension and revocation of a license. A finding that an individual has been found guilty of performing elevator mechanical work without a license, or under false pretense of being licensed, is a misdemeanor subject to monetary fines by the justice of the Peace court. There is a grandfather exception for individuals that have master electrical special elevator licenses at the time of enactment. The implementation date is the earlier of 6 months after enactment or when the Registrar of Regulations has been provided notice that rules and regulations have been promulgated.
Ed Osienski (D) Jack Walsh (D) · 1 co-sponsor
signed · Delaware · House Oct 14, 2022

HJR 7: DIRECTING THE STATE TO CONDUCT PANDEMIC AFTER- ACTION REVIEWS AND CONTINUE COVID-19 PANDEMIC MITIGATION EFFORTS.

The Joint Resolution directs the Delaware Emergency Management Agency (DEMA) and Division of Public Health (DPH) to conduct After Action Reviews to assess the State’s pandemic response. DEMA and DPH are also maintaining the ability to increase personnel and supplies as needed in response to future surges of COVID-19. Additionally, the Joint Resolution directs the Legislative and Executive branches to work together on initiatives to combat the effects of the COVID-19 pandemic.
Pete Schwartzkopf (D) Dave Sokola (D) Val Longhurst (D) Darius Brown (D) Tizzy Lockman (D) · 7 co-sponsors
signed · Delaware · House Oct 10, 2022

HB 462: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN.

This Act permits multidisciplinary team members to share information freely amongst themselves to better protect the welfare of abused children in the State of Delaware. This Act also establishes a framework for parties in Family Court civil proceedings to have access to records created and maintained by a child advocacy center related to forensic interviews it conducts such that the Family Court can utilize those records to avoid retraumatizing children by having to interview them again as part of court proceedings.
Krista Griffith (D) Sherry Dorsey Walker (D) Kyle Gay (D) · 4 co-sponsors
signed · Delaware · Senate Oct 10, 2022

SB 286: AN ACT TO AMEND TITLE 9 AND TITLE 17 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY NEIGHBORHOOD IMPROVEMENT DISTRICTS.

This Act shall be known as the “New Castle County Neighborhood Improvement District Act.” The Act assembles New Castle County resources under “one roof” to focus comprehensively on persistent, and in some cases legacy, neighborhood problems, thereby promoting the possibilities of successfully resolving systemic neighborhood problems. Summary of the Act: • The Act provides for creation of a Neighborhood Improvement District (a “NID”). • Creation of a neighborhood district provides a source of funding for enhanced services in neighborhoods that are especially in need of such services, including, for example, district-wide snow removal, district-wide trash collection, and maintenance of open space. • A primary, but not exclusive, source of funding for the enhanced services is a special assessment on non-exempt properties located within the NID, the primary beneficiaries in the neighborhood. • A NID may be initiated by submission of a voluntary petition by property owners or residents in the district, or by the County, subject to objection by at least 50%, in number, of the non-exempt specially assessed property owners in the district. • A NID will be created and is to exist for only as long as necessary to resolve problems in a neighborhood, and then, after accomplishing its goal of resolving persistent neighborhood problems, it will be subject to dissolution.
Ed Osienski (D) Stephanie Hansen (D) Jack Walsh (D) Debra Heffernan (D) · 4 co-sponsors
signed · Delaware · Senate Oct 10, 2022

SB 240: AN ACT TO AMEND TITLES 25 AND 31 OF THE DELAWARE CODE RELATING TO BED BUGS.

This Act prohibits landlords from renting a dwelling unit that the landlord knows has a current bed bug infestation. This Act also obligates landlords to notify prospective tenants if an adjacent unit or units are currently infested with or are being treated for bed bugs. In addition, the Act sets forth the steps a landlord must take upon receiving notice of an actual or suspected bed bug infestation, including acknowledging the complaint, inspecting or obtaining investigatory services from a pest management professional, obtaining remedial services from a pest management professional, notifying tenants of inspection, remediation, notifying tenants of the pest management professional's determination regarding the infestation, and maintaining a written record of all complaints and control measures provided for a period of 2 years. Further, the Act provides that if notice of an actual or suspected bed bug infestation is provided within 60 days after occupancy or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the landlord is responsible for the costs of investigating and remediating the infestation; if the notice is provided more than 60 days after occupancy and not within 30 days of discovery of a bed bug infestation in an adjoining unit, the landlord is responsible for investigating and remediating the infection, but the tenant shall share in the responsibility for the reasonable costs of the investigation and remediation.
Kendra Johnson (D) Tizzy Lockman (D) Laura Sturgeon (D) · 6 co-sponsors
signed · Delaware · Senate Oct 10, 2022

SB 151: AN ACT TO AMEND TITLE 18, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROVIDING FOR DRIVER EDUCATION TRAINING, A DRIVER’S LICENSE, OR MOTOR VEHICLE INSURANCE FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES OR AN INDIVIDUAL SUBJECT TO EXTENDED JURISDICTION.

Acquiring a driver’s license is an important part of young adults in foster care achieving normalcy and eventual independence. Yet, youth in long term foster care face numerous unique barriers in this endeavor. Not only are there logistical challenges in the process of obtaining a license for teenagers not in parental care, but the automobile insurance industry’s rules can be unaccommodating and financially prohibitive. And, research shows that youth who leave foster care with a driver’s license are more likely to have a successful outcome, avoiding homelessness and incarceration, as reliable transportation is a crucial step to employment. Like Senate Bill No. 151, this Substitute Act seeks to aid youth in foster care by doing the following: (1) Establishing a pilot program within the Office of the Child Advocate (“Office”) that would pay the cost of driver education, licensure and other costs incidental to licensure, and motor vehicle insurance. (2) Prohibiting automobile insurers from using certain factors in determining a foster child’s automobile insurance rates. (3) Prohibiting the DMV from charging certain fees related to licensure for a foster child participating in the Office’s pilot program. (4) Exempting certain individuals from liability for negligence of a foster child. This Substitute differs from Senate Bill No. 151 as follows: (1) By directing that the Act is to be implemented the earlier of April 1, 2023, or the date of publication in the Register of Regulations of a notice by the Child Advocate that the Act is to be implemented. (2) By setting the date reports from the Office of the Child Advocate are due based on the implementation date of the Act. (3) By directing the Act to expire, or sunset, 2 years from the implementation date of the Act.
Sherry Dorsey Walker (D) Stephanie Hansen (D) Debra Heffernan (D) Val Longhurst (D) Darius Brown (D) · 13 co-sponsors
signed · Delaware · House Oct 10, 2022

HB 419: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CUSTODIAL INTERROGATIONS.

Citing the increasing number of false confessions recorded by the National Registry of Exonerations and recent science around adolescent brain development, several states across the nation have passed legislation to ban the use of deceptive interrogation techniques on juveniles. Deceptive tactics is limited to the knowing use of misleading statements about evidence or communications of false promises of leniency to extract a confession or other incriminating evidence from a youth suspected of breaking the law. To date, Delaware has yet to have a wrongful conviction case involving a false confession but according to groups such as the Innocence Project, wrongful convictions can often take decades to be revealed. Three other states, Illinois, Utah and Oregon, have passed similar legislation. Additional states, including Colorado and California, are currently considering similar legislation. This Act mirrors efforts in other states by prohibiting the knowing use of false statements about evidence, or false or misleading promises of leniency during custodial interrogations of persons under the age of 18. Any statement elicited from a person in violation of this section is inadmissible in any subsequent juvenile delinquency or criminal court proceeding.
Sherry Dorsey Walker (D) Melissa Minor-Brown (D) Debra Heffernan (D) Marie Pinkney (D) · 9 co-sponsors
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