This Resolution sets forth the rules of procedure for ethics violations in the House of Representatives.
This Act provides nationally certified occupational therapists with a salary supplement for receiving national certification. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual.
This bill clarifies House Bill 307 from 2018 by making it clear that a 6-month or 12-month mandatory commitment to Level 5 incarceration or institutional confinement for a juvenile only applies to adjudications of delinquency for the charge of Robbery First Degree or Possession of a Firearm during the Commission of a Felony if the offense was committed after the child’s 16th birthday.
This bill defines and regulates electric bicycles. Section 1 adds electric bicycles to the definitions contained in Title 21. Section 2 includes electric bicycle operators and passengers as vulnerable users when on a highway, crosswalk, road shoulder or sidewalk and prescribes rights and responsibilities attendant to the operation of electric bicycles. Section 3 adds electric bicycles to the definition of vehicle.
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
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).
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.
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.
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.
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.
