This is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights Amendment, women’s rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State’s value of equality.
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This is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights amendment, women's rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality.
This non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.
Section 7042 of Title 25 of the Delaware Code lists the completion and cost of any capital improvements or rehabilitation work in a manufactured home community, as distinguished from ordinary repair, replacement, and maintenance, as a factor that may justify an increase in rent but only until the cost of the improvement has been fully recovered. Like Senate Substitute No. 2 for SB 23, this Act clarifies this provision by making the recovery of such capital improvement or rehabilitation work a fee under § 7008, the fee section of this chapter, so that it is a separate charge from rent and provides notice requirements regarding the fee. This Act provides a revised definition of capital improvement and rehabilitation work. This definition is placed in the definitions section of Chapter 70. Chapter 70 defines rent as including fees, preserving a community owner’s ability to enforce payment of the fee. By identifying this assessment as a fee, it is clearly identified as separate from a base rent increase. Senate Substitute No. 3 for Senate Bill No. 23 differs from Senate Substitute No. 2 for Senate Bill No. 22 as follows: 1. It removes lines from the definition of capital improvement or rehabilitation work that conflict with the rest of the definition. 2. It adds the requirement that capital improvement or rehabilitation work must benefit the entire manufactured home community. 3. It limits the correction of deficiencies to comply with changes to building codes or laws enacted after construction was completed. 4. It clarifies that the community owner must still comply with other provisions of the rent justification law, § 7042(a)(1) and § 7043 of Title 25, before imposing this fee. 5. Permits a challenge to the fee to be consolidated with other proceedings challenging a rent increase under § 7042 and § 7043 of Title 25. 6. It adds that the fee must be collected at a rate of 10% of the cost of the capital improvement or rehabilitation work or over the number of years necessary to not exceed 10% of the rent, whichever amount is lower. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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, service, practices, and energy policy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The current definition of public utility includes providers of electric or natural gas charging service. However, many parties believe it is neither desirable nor necessary to regulate such providers in Delaware. This proposed legislation modifies the definition to exempt providers of electric and natural gas vehicle charging service from regulation as a public utility.
This bill lowers the mayoral age requirement from 30 to 25. This change makes the Mayor’s age requirement consistent with that for City Councilmen. Under the City ‘s Charter, if the Mayor resigns, dies or is unable to perform his/her duties, the Council President takes the Mayor’s place. This succession would prove problematic if the Council President does not meet the age requirement for Mayor.
United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until his/her mid-twenties which makes juveniles especially prone to making poor choices. In the landmark case of Miller v. Alabama, wherein the United States Supreme Court prohibited mandatory life sentences without parole for juveniles, the Court wrote: “Children are constitutionally different from adults for sentencing purposes.” This proposed legislation would repeal and remove all minimum-mandatory sentencing schemes for juveniles adjudicated delinquent in Family Court because children are different than adults. Family Court judges and commissioners would still be able to impose a commitment to a DSCYF secure placement, but would now have the ability to exercise their judicial discretion to fashion an appropriate sentence for an individual juvenile.
This bill would allow for a student to participate in the Inspire Scholarship Program for eight continuous semesters instead of the current six. This would allow a student to use Inspire Scholarships for each of the semesters during a traditional college program.
Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. In 2014, the General Assembly established the Criminal Justice Improvement Committee to review opportunities for efficiencies in the Delaware Criminal Code, including identifying: “disproportionate, redundant, outdated, duplicative, or inefficient statutes” and “crimes that should or should not constitute potential jail time”. The Criminal Justice Improvement Committee Working Group was created to accomplished the Criminal Justice Improvement Committee’s stated goals and has worked diligently for the last three years, in concert with other criminal justice stakeholders, to restore the criminal code to a clear, readable, and proportional code. The recommendations found in their Final Report are the basis for this Act and its companion bill. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code. This Act repeals and replaces Title 11, Part I, Chapters 1 through 15 of the Delaware Criminal Code and replaces it with an improved code that is easy to understand, consolidates offenses and introduces rational and proportional sentencing structures. This Act, and its companion bill, will take effect 20 months from the date it is signed, to allow for a smooth integration of the improved code into existing structures, give public and private criminal justice stakeholders an opportunity to familiarize themselves with the improved code, and provide an opportunity to develop for the first time model jury instructions and sentencing guidelines. A Commentary, which explains how the current criminal code relates to the improved code, will be publicly available during this transition period. The 20 months will also give time to introduce technical corrections bills that will make changes to the Code necessitated by the improved code (e.g., update cross references to Title 11, Part I, found in other Titles), as well as incorporate legislative decisions passed by the 148th and 149th General Assembly that were not captured by the improved code.