Delaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die. This ultimately costs states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from Senate Bill No. 92 (150th General Assembly) because it changes the effective date of this Act to be April 1, 2020, and removes provisions made unnecessary by the change.
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This Act is the first leg of a constitutional amendment that modernizes the Delaware Constitution’s bail provision and clarifies the power of the General Assembly and the Courts to define certain felony offenses for which, or circumstances under which, pretrial release on bail may not be available. Upon enactment of the second leg of this constitutional amendment, Article I, § 12 of the Delaware Constitution proposed will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the only crimes for which bail must be withheld are capital murder, where the evidentiary proof is positive and presumption of the accusation great, and other felony offenses determined by and under procedures prescribed by law where the evidentiary proof is clear and convincing. (3) Ensure that one condition precedent to bail being withheld in non-capital cases is a finding that no bail condition or combination of bail conditions other than detention will assure the safety of another person or the community, that the person will appear for future proceedings, or that the detention is necessary to prevent the person from obstructing justice. The proposed change to permit a person charged with a non-capital crime to be held without bail will not take effect until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code to prescribe by law the circumstances and procedures under which detention without bail may occur. With this change, though, Delaware can move forward toward the type of modern bail system that has been increasingly adopted by our sister states, through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in extreme cases, pretrial detention without bail. Under current Delaware law, the only circumstance in which a person might be detained without bail is when the person is charged with capital murder. This Act would have no effect on bail procedures and standards in capital cases. The fact that bail can be withheld only in capital cases, however, is inconsistent with the evidence-based and informed decision-making that the General Assembly looked to adopt through the Justice Reinvestment Act and the findings and ongoing work of our Supreme Court's Access to Justice Commission. At present, a Delaware state court judge cannot order pre-conviction detention in any non-capital case. Instead the judge can only attempt to set the bail so high that a defendant cannot make it, which can result in dangerous defendants with wealth being able to obtain release even if they pose a risk of harm to the public or a specific person, such as a witness or victim. This Act is one step toward completing a pretrial release-detention continuum that requires specific evidence-based release-detention decisions. Any legislation subsequently enacted or court procedures adopted under this Act requires a court’s individualized, fact-governed decision-making regarding detention in order to pass muster under the United States and Delaware State Constitutions. And, under this Act, any statute defining offenses for which, or circumstances under which, a person can be subjected to pretrial detention without bail must be enacted by an act of the General Assembly that is separate from an act that creates or amends the offense or circumstances and receives the concurrence of a two-thirds majority of each House of the General Assembly.
This Act amends Delaware’s laws regarding release of persons accused of crimes (Chapter 21 of Title 11 of the Delaware Code) as required in conjunction with the adoption of Senate Bill No. 151, which proposes a constitutional amendment to permit preventive detention of certain persons accused of crimes. This Act both protects defendants’ due process rights and public safety by expanding the list of circumstances for which defendants may be detained pretrial without the opportunity for release and providing adequate due process protections for detention-eligible defendants. This Act protects public safety by permitting courts to detain defendants who are charged with an enumerated offense, or to whom certain enumerated circumstances apply, and who present unmitigated risks of non-appearance in court or danger to public safety. This Act also protects defendants’ rights by doing the following: (1) Requiring the Attorney General to establish by proof positive or presumption great that the defendant committed the detention-eligible offense and by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the defendants appearance in court or the safety of a witness, a victim, or the community. (2) Ensuring detention-eligible defendants are represented by counsel at the initial detention and subsequent hearings. (3) Requiring courts to hold a full detention hearing within 10 days of the defendant’s arrest where defendants have the right to testify, to present evidence, and to cross-examine witnesses against them. (4) Requiring expedited review of the detention order by Superior Court. (5) Providing speedy trial protections for any defendant who is detained prior to adjudication. This Act also does the following: (1) Improves procedural fairness by permitting courts to make transparent decisions about who to detain and who to release pretrial. (2) Strengthens the strong presumption of pretrial release upon least restrictive conditions for those defendants who can safely be released in the community. (3) Requires data collection and annual reporting of pretrial outcomes that will be available for public dissemination. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act amends the Delaware Hazardous Substance Control Act to reflect recent amendments to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This Act protects state, county, and municipal government entities from being deemed liable as “owners or operators” of hazardous substance release sites when they take title to or control of such properties through the exercise of their lawful governmental powers. Additionally, this Act protects land banks established pursuant to the Delaware Neighborhood Conservation and Land Banking Act when they assume ownership of potentially contaminated properties in accordance with the provisions and requirements of the Land Banking Act.
This act will increase the numbers of Delaware nursing students eligible for the nursing incentive program by allowing Delawareans pursuing nursing careers at non-profit hospitals located in Delaware to be eligible for the program.
This Act adopts the Physical Therapy Licensure Compact (“Compact”). The Compact benefits the public by improving continuity of care, increasing license portability for military spouses, and increasing access to physical therapy providers. Under the Compact, physical therapists and physical therapist assistants licensed in a Compact member state may obtain an expedited license allowing licensees to practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced. The Compact will be administered by the Physical Therapy Compact Commission (“Commission”) which will process applications for Compact privilege. Physical therapists and physical therapist assistants licensed by the Delaware Examining Board of Physical Therapists and Athletic Trainers (“Board”) may be granted "compact privilege," which will allow them to practice in another member state under the laws and regulations of the remote state. To exercise the compact privilege, a licensee must meet all of the following requirements: 1. Hold a license in the home state with no encumbrances. 2. Be eligible for a compact privilege in any member state. 3. Have no adverse actions within the previous 2 years regarding their license or any Compact privilege. 4. Notify the Commission that compact privilege is being sought in a member state. 5. Pay applicable fees. 6. Be aware of and comply with the laws and rules governing the practice of physical therapy in the remote state. 7. Report adverse action taken by any non-member state within 30 days. The Compact also authorizes the Board to do all of the following: 1. Appoint a qualified delegate to serve on the Commission. 2. Participate fully in the Commission's data system. 3. Notify the Commission about adverse action taken against licensees by the Board.
This Act makes necessary changes to Delaware’s election laws based on the State’s purchase of new voting devices and establishes auditing requirements for the voting devices. The new voting devices will function differently than the existing voting devices and so election law must be updated to conform the law. The new voting devices allow each voter to view a paper ballot with the voter’s selections under glass for the voter to approve before pressing the final button to vote. This Act requires the Department of Elections (“Department”) to audit the results of primary, general, and school board elections and establishes the procedure to be used by the Department. This Act also requires the Department to adopt regulations to govern the procedure to be used if an audit reveals a discrepancy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out.
This Act clarifies that the Public Advocate may appear before any federal or State court or federal or State administrative body in matters involving public utility rates, services, and practices of public utilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Senate Substitute No. 1 for Senate Bill No. 14 differs from Senate Bill No. 14 by allowing the Public Advocate to provide public comment before only State regulatory agencies and commissions and simplifying the language regarding the hiring of attorneys, as needed.
This Act will enable New Castle County to collect delinquent sewer service charges under the procedures established by Chapter 87 of Title 9 for the collection of delinquent county taxes. Under the existing method for New Castle County established by Chapter 22, Subchapter II (Monition Method of Sale in New Castle County), of Title 9 for the collection of delinquent sewer service charges, a jury trial must be held if the property owner or an interested party submits an affidavit of defense denying the service charges in whole or in part. In addition, under Section 2211 of Title 9, County Council must first levy the delinquent sewer service charges as an assessment prior to the institution of any legal proceedings. This Act removes the existing sewer monition method of sale in its entirety and will enable New Castle County to collect delinquent sewer service charges in the same manner as taxes are collected under the less burdensome and more efficient monition method of sale established by Chapter 87 of Title 9.