All three counties in Delaware have been plagued with thefts of catalytic converters, which contain precious metals having significant monetary value in the scrap metal industry. This Act adds catalytic converters to the list of items for which scrap metal processors shall create a record and provide information when acquired. Amending Section 24(b)(1) to specifically include catalytic converters as items that the industries regulated by Chapter 23 must report will enhance enforcement of this Chapter and assist law enforcement by providing a mechanism to follow-up on thefts of converters and to obtain solvability factors in the ever-growing trend associated with thefts of converters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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This Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy. At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.
This Act makes several adjustments to the law prohibiting drag racing and other speed contests. Many individuals lawfully gather to share their enthusiasm for vehicles and may do so while abiding the rules of the road and without otherwise endangering persons or property. However, others have taken their enthusiasm into dangerous directions that often results in damage to property, injury, or death. For example, Kirkwood Highway has experienced an uptick in large crowds engaged in dangerous driving behavior and as the result of a drag racing event at the Christiana Mall Fashion Center, there was a vehicular fatality. Whether by drag racing, trick or stunt riding, conducting burnouts in intersections, doing donuts in parking lots, or taking over roadways to showboat, these dangers are further amplified by the crowd size that follows and the attempted notoriety sought through social media posts. The intent of the statute is to promote law-enforcement’s ability to enforce the statute, eliminate prior inadvertent loopholes in the current statute regarding geographic and vehicle type limitations, update the statute to reflect current dangerous driving trends and behavior, and ultimately serve as a deterrent for future unsafe behavior. The current statute incorporates potential penalties for the individual and their licensing status, but it does not address the actual vehicle, as the tool and mechanism that is central to the dangerous behavior. This Act enhances existing penalties and promotes public safety by restricting drivers charged with these dangerous driving behaviors access to their vehicles. • First, while a first offense remains an unclassified misdemeanor, a subsequent offense becomes a Class A Misdemeanor. The minimum applicable fines are substituted for mandatory community service instead. • Second, for the purpose of this statute, a subsequent offense is defined as one occurring within 5 years from a prior offense, rather than the default of 2 years set forth in 21 Del. C. § 713. • Third, the statute expands the list of prohibited conduct to better encompass existing dangerous driving behavior, like tire burnouts in intersections that are not part of races and the dangers to persons or property they pose. • Fourth, within the context of 21 Del. C. § 4101(a)(3), the statute more clearly defines the geographic enforceability of the statute on non-highway property, such as commercial parking lots, while still allowing commercial property or other owners to consent to the use of their property for these purposes. • Fifth, the statute expands the types of vehicles that the provision addresses, to include ATV’s and OHV, which are excepted from the 21 Del. C. § 101 definition of vehicles, but which are also used to engage in this behavior. Non street-legal vehicles are often used to participate in the dangerous driving behavior. • Sixth, recognizing that law-enforcement resources, crowd size, environmental factors, and other safety concerns do not always allow law-enforcement to prioritize on-scene engagement with single vehicles while the behavior in this statute is occurring, the Act expands law-enforcement’s ability to later investigate and arrest for violations of this statute. Under the current statute, violators, when contemplating commission of such offenses, might rely on the fact that law-enforcement safety and resource concerns might dictate that the violators cannot be apprehended on scene or that chasing them might be too dangerous to do. This Act expands the definition of “witnessed” by a law-enforcement officer, under 21 Del. C. § 701(a), to include after the fact review of video surveillance or any other video that captures the violation. • Seventh, the Act allows for the vehicles used, as the mechanism by which the dangerous behavior is conducted, to be impounded, de-registered, otherwise immobilized, or even eligible for forfeiture proceedings under certain conditions. As the same time, the Act does not prohibit an innocent owner from applying for return of the vehicle from the Court, under certain conditions, if their vehicle is used in a violation of this statute.
Currently, there is ambiguity whether a person who is 14 or 15 years of age can be employed by restaurants, hotels, or dining facilities that serve alcoholic liquors. This bill removes that ambiguity and makes it clear that persons 14 and 15 years of age can be employed in such places where alcoholic liquors are served, but cannot be involved in the sale or service of alcoholic liquor.
This bill amends the Charter for the City of Lewes to permit the City of Lewes to utilize the State's Voter Registration System in connection with municipal elections, as authorized by Subchapters IV and V of Chapter 75 of Title 15 of the Delaware Code. This bill also amends the appointment process for an incumbent Councilperson or the Mayor in the event there is no challenger at the time of the Lewes municipal elections. This bill also deletes provisions that are redundant or in conflict with provisions that are redundant or in conflict with provisions of State law relating to municipal elections, specifically Chapter 75 of Title 15. This bill also provides that if a vacancy occurs in the Office of Mayor or City Councilperson, the person chosen to fill the vacancy shall be deemed to have been elected. This Act amends the Charter of the City of Lewes to permit the City Council to restrict fishing on the Delaware Bay shore, northwest of the Ferry terminal.
A disability pension for Delaware State Police officer and County and Municipal police officers and firefighters is only for those first responders who suffer injuries on the job such as being shot or assaulted while effecting an arrest or getting burned while putting out a fire. Many who suffer these injuries while doing their job protecting the citizens of this State are unable to return to their jobs as police officers or firefighters. Under the current law, these officers and firefighters who receive a disability pension and have not reached normal retirement date must report total earnings from any gainful employment or business each year. If the officer or firefighter receives earnings over the current base pay of the officer’s or firefighter’s rank at the time of the disability, such excess must be deducted from the disability pension. However, such provision does not apply to officers and firefighters who have reached normal retirement date. This bill treats officers and firefighters who have not reached normal retirement date the same as those who have by removing the provision that requires a deduction in disability benefits if the officer or firefighter earns more than what the officer’s or firefighter’s base pay was at the time of disability.
This Senate Resolution recognizes August 23rd as "Random Acts of Kindness Day" in the State of Delaware and encourages the public to participate in random acts of kindness to increase happiness, unite the community, and increase the well-being of our residents.
This Resolution expresses the General Assembly's strong support for Ukraine in its war against the invasion by the Russian Federation (“Russia”) and for the severe economic sanctions imposed on Russia by President Biden's administration. This Resolution further demands that Russia immediately cease its violent, illegal, and immoral assault on the sovereign nation of Ukraine.
This bill permanently removes the sunset provision of House Bill 1 to allow food and drink establishments who suffered great losses since March, 2020 due to the pandemic to continue to sell alcoholic beverages in transactions for take-out, curbside, or drive-through service and to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions. This bill also permanently provides the Commissioner the authority to temporarily suspend a license only if the Commissioner has reasonable grounds to believe that public's safety is at risk and there has been a violation of the law, and to hold hearings by electronic, telephonic, or remote means.
This bill allows liquor stores, farm wineries, brewery-pubs, microbreweries, craft distilleries, and wine auctions to provide curbside service for the sale of alcohol, but makes clear that all sales must comply with all of the regulatory provisions of Chapter 7 of Title 4, including the prohibition against sales to intoxicated persons and persons under 21 years of age.