Rep. Paul Baumbach

Unmanned aircraft systems are capable of introducing contraband into detention facilities without undergoing correctional officer inspections. This bill seeks to prohibit the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone.

This bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of valid government issued identification or other generally accepted proof of identification.

This bill establishes in-person early voting for the State of Delaware. Registered voters will be allowed to vote in-person for at least 10 days prior to an election, up to and including the Saturday and Sunday immediately prior to the election at locations determined by the Commissioner. The Commissioner is also charged with determining whether such voting should occur by voting machine or paper ballot. All other procedures relating to conducting voting are the same as for election day voting. For statewide elections the statute directs that there must be at least one in-person polling place in each county, and an additional location in the city of Wilmington. This Act takes effect on January 1, 2020.

This Act permits the Secretary of the Department of Natural Resources and Environmental Control to renew or extend the term of a construction permit under certain circumstances.

This resolution recognizes June 6, 2018 as the 74th anniversary of D-Day, when the Allied Troops landed at Normandy during World War II.

Every year, over 100 million animals are used as subjects of scientific and medical research, as well as for educational purposes. As recently as 2015, over 19,000 cats and over 61,000 dogs were used in research. In Delaware in 2015, 82 cats and 85 dogs were used in research. While some dogs and cats are still obtained from Class B dealers, most dogs used in research today are bred either in laboratories or by private companies that sell strictly to labs. After these animals are used, they may be euthanized even though they may still be healthy and suited for adoption. This Act requires research facilities that receive public funding to offer their cats and dogs for adoption instead of euthanizing them when they are no longer needed. Permitting private placement adoptions allows students or staff members of the institution to adopt these animals directly without waiting for a formal adoption process through the rescue organization or shelter. For dogs and cats not adopted by students or staff, this Act creates a clear path to transition cats and dogs from the laboratory or testing facility to an adoption center by requiring the research institution to enter into a contract with an animal rescue group or shelter that can offer these animals the possibility of living out the rest of their lives in a loving home.

This Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund, funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-in and carry-out facility. This Act also makes technical corrections to conform existing law to the Delaware Legislative Drafting Manual.

This bill removes two out-of-date sections of the Division of Motor Vehicles' code. The first section to be deleted relates to a prohibition against a person displaying any card, sign, insignia, etc. of the Delaware Automobile Association unless they are a member of that Association. DMV believes the Association no longer exists as a separate entity. The second section relates to requirements for any vehicle provided by a railroad company that is used to transport railroad employees. DMV advises this section has never been enforced to anyone's knowledge.

There is a growing body of research regarding the detrimental effects to an individual and to society relating to the collateral consequences of arrests and criminal convictions. To name just a few, a criminal history is a significant barrier to obtaining and advancing in a job, finding housing, and gaining additional skills or education. Inability to participate in society in these basic ways contributes to Delaware’s high rate of recidivism and lowers the overall productivity and efficiency of the State. One way to relieve these consequences is to allow for the expungement of records if (1) an arrest did not lead to a guilty disposition or (2) an isolated conviction has been followed by a significant amount of time spent staying out of trouble with the law. At present, Delaware allows adults to petition to have a record expunged in only 2 circumstances: (1) if the arrest or charges never led to a conviction and (2) after a pardon is granted for certain misdemeanor offenses only. This Act allows for mandatory expungement (meaning the expungement must be granted if the petitioner meets the criteria) through the State Bureau of Identification if: (1) a person was arrested or charged but the case was resolved in favor of the petitioner; (2) after 3 years for a single violation; (3) after 5 years for a single misdemeanor. In all cases, a person is eligible for expungement if the person has no prior or subsequent convictions (with an exception for status offenses such as underage alcohol consumption). Allowing expungements for arrests without convictions and minor, isolated convictions through an application to the State Bureau of Identification will ease the burden on the Courts and the Board of Pardons. This Act also gives the Courts the power to decide if a petitioner deserves an expungement, a process called discretionary expungement, if the person seeking the expungement has maintained an otherwise clean record and (1) 1 year has passed since conviction of a violation; (2) 3 years have passed since conviction of a misdemeanor; or (3) 7 years have passed since conviction of a felony or since release from confinement, whichever is later. In all cases, a person is eligible for discretionary expungement if they have no prior or subsequent convictions (with an exception for status offenses such as underage alcohol consumption and for Title 21 driving offenses other than driving under the influence). The person must demonstrate that the failure to grant the expungement would constitute manifest injustice. The Act also creates an avenue for automatic expungement of a person’s criminal record after a pardon has been granted. This new provision for automatic expungement does not limit the Governor’s authority to limit the right to an expungement as a condition of the pardon in any individual case. This Act strikes the Title 10 provisions related to expungement of charges for adults in Family Court and consolidates all provisions relating to expungement of adult records in Title 11. It also makes some conforming changes to cross-references in Title 4 and Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, implementation of this Act is delayed for 180 days to allow State agencies to prepare necessary procedures and forms.

This bill changes the program for distributing payments to cities with tax-exempt properties owned by the State. Instead of directing payments only to county seats (Wilmington, Dover, and Georgetown), the bill will authorize payments as well to any city with a population over 25,000 and more than 20% tax exempt property. It also raises the annual cap on the amount distributed by $500,000 and adjusts the formula under which these distributions are made. This bill improves the formulas to enable the elimination of specific dollar earmarks, and to enable all of our state higher education institutions to be treated equally in this section. The bill is designed to ensure a slight dollar increase to each of the three county seats, while initially adding Newark to the program, at a much lower benefit level than the other three cities.