Rep. Ed Osienski

The Act amends Section 916 of Title 11 of the Code so that the statutory penalties for the crime of home improvement fraud increase as the amount of the loss to the victim increases, using the same scale applicable to Theft under Section 841 of Title 11 and New Home Construction Fraud under Section 917 of Title 11. Like Theft under Section 841 of Title 11, the amendment also provides for an increase in the level of the offense for amounts under $50,000 where the victim is 62 years of age or older or an "adult who is impaired" or a "person with a disability" as defined in the Code. The Act also amends the definition of "home improvement contract" to provide that a victim's payment can be in any form, not just money, and to clarify that a "home improvement contract" includes all agreements for labor, services and materials to be furnished and performed under the home improvement contract.

This resolution proclaims May 2018 Cystic Fibrosis Awareness Month in Delaware.

This Act creates a one-time $100 tax credit per unit for any business purchasing and placing an automatic external defibrillator in service in the State.

The language set forth in this statute would remove barriers for inmates who are students with disabilities and who have an Individualized Education Program (IEP) under state and federal law, when being considered for parole or a sentence modification. Requiring an inmate with an IEP to complete a GED or State of Delaware High School Diploma is counter-productive to the treatment and programming of this segment of the prison population and prohibits them from seeking the same benefits of parole or sentence modification afforded to those inmates who do not have an IEP. This amendment to the law allows an inmate the opportunity to earn a State of Delaware Diploma of Alternate Achievement Standards upon successful completion of the inmate's IEP.

This Act provides for a clear and established procedure and time frame during which public employees may revoke their membership in an employee organization. This Act allows public employers and employee organizations to manage membership status and authorizations in a manner that will meet public employee’s desires while not disrupting the public employer’s or employee organization’s operations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Under this Act, two circumstances which currently subject alcoholic liquor license holders or individuals to fines will be permitted: (1) An individual who is 19 years or older may serve alcohol to taproom patrons if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. (2) A taproom may allow an individual under the age of 21 years to enter the licensed premises until 9:00 p.m., if accompanied by a parent or legal guardian, and if the taproom has a separate dining facility that seats at least 12 people, provides complete meals, and has been approved by the Commissioner as meeting the requirements of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. This bill clarifies that school district employees are entitled to the same unpaid leave.

This bill permits a Municipal government to impose and collect a lodging tax of no more than 3 percent on hotel and motel rooms located in the incorporated areas of the Municipality.

This Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.

This resolution commends the Food Bank of Delaware for its contributions toward ending hunger and resolving the root causes of poverty in the State of Delaware through its increased statewide impact.