Rep. Madinah Wilson-Anton

This Act does all of the following: Requires a conviction before forfeiture. (plea of guilty or no contest, conviction, or dismissal because of completion of a diversion program all count) Puts the burden on the state to prove all facts by clear and convincing evidence. Requires the state to prove by clear and convincing evidence that a non-defendant owner knew about or consented to the unlawful activity before the property may be forfeit. Strikes the presumption that cash with trace amount of drugs on it is presumed to be drug proceeds. Strikes the presumption that money that is in proximity to controlled substances is drug proceeds. The state can still forfeit money if they have other evidence or circumstances that show it is drug proceeds. Prohibits the use of the civil asset forfeiture proceeding for cash in any amount less that $1,000. Changes the process so there is always a hearing before forfeiture. Under current law, there is only a hearing if an owner affirmatively requests one be held. Requires the court to conduct a proportionality analysis prior to ordering a forfeiture – i.e., is the value of the property sought to be forfeit in line with the gravity of the crime. Requires the State to pay reasonable attorney fees to a prevailing party in a forfeiture proceeding. Directs forfeiture proceeds into the General Fund, rather than SLEAF to eliminate the perception that law enforcement might pursue a forfeiture for personal gain. Retains SLEAF and the process of application and distribution, but only where the General Assembly funds it in the regular appropriations process. Makes changes to Title 11 provisions relating to vehicle forfeitures to align with the Title 16 process and the same new procedural protections. Prohibits directing seized property to federal agencies for forfeiture and equitable sharing except for currency in excess of $100,000. Requires the Attorney General to annualy compile and publish a report regarding the number and type of forfeiture cases, case outcomes, and demographic data on persons whose property is seized pursuant to civil forfeiture laws. Directs the Office of Defense Services to provide representation in forfeiture proceedings to a defendant they represent in a related criminal matter.

This Act requires all individual, blanket, and group health insurance policies to cover annual ovarian cancer screening tests for women at risk for ovarian cancer. It further expands the scope of monitoring tests available to women subsequent to ovarian cancer treatment.

This Concurrent Resolution recognizes March 13, 2024, as Kappa Alpha Psi Fraternity, Incorporated or “Kappa Alpha Psi Day at the Capitol” in Delaware.

This Act makes clear that corporations and other artificial entities may not be given a vote in municipal elections. Section 1 of this Act prohibits a municipality from giving corporations and other artificial entities the right to vote within the municipality's charter. Section 2 amends the language that prohibits municipalities from amending charters that permit nonresident persons to vote to take away such rights under the provisions of Title 22, Chapter 8 applies only to the rights of nonresident natural persons, not to corporations or other artificial entities.

The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment. The first part of this Act protects assault victims from defamation lawsuits by: 1. Placing a higher burden of proof on the complainant, even if the complainant is a private figure; and 2. Entitling a prevailing defendant to attorneys’ fees and costs, treble the amount of actual damages, and punitive damages. The second part of this Act prohibits any provision in a settlement agreement that prevents the disclosure of information related to a claim of sexual assault, harassment, or discrimination.

This Concurrent Resolution recognizes Ramadan and Muslim residents of this State as they observe Ramadan.

This legislation closes a loophole in the current law which allows 100% of the work being completed on a jobsite to be done by workers only possessing an apprentice license. Currently, under Delaware law, an apprentice license can be acquired with little or no experience in the electrical trade. Recently the State discovered that construction on Delaware’s largest building, measuring more than 3.7 million square feet, that houses over 500 workers and received $3 million in State taxpayer dollars was being built with electrical workers not possessing the necessary licenses. When the job was shut down, the contractor had all the electrical workers acquire apprentice licenses rather than hire experienced, properly trained electricians. A similar violation was discovered at the construction site of an elementary school here in Delaware. The current law only holds the worker responsible and allows the contractor to avoid any fines. This legislation corrects that inequity by also holding the contractor responsible and subject to fines.

This Act creates a professional loan-to-grant incentive program to encourage Delawareans to pursue careers in nursing at long-term care facilities. Funding for the incentive program is to be appropriated annually by the General Assembly, in an amount not less than $1 million. Qualifying nursing students who agree to fulfill a 4-year service obligation at a long-term care facility may apply for loans to assist with expenses associated with (a) prelicensure education at a (i) State Board of Nursing approved nursing education program that is authorized to prepare persons for licensure as a registered nurse or a (ii) State Board of Nursing approved practical nursing education program, or (b) a graduate-level education at an advanced practice registered nurse program accredited by a national accrediting body. Individuals who have been employed for at least 1 year as a nurse in a Delaware long-term care facility and who have obtained qualified educational loans are eligible to apply for loan repayment under this Act. Loan repayment will be subject to the availability of funds and will be allocated at the discretion of the Delaware Higher Education Office. An applicant may receive only 1 loan payment per year, not to exceed $5,000, and may not receive more than 4 loan repayments under this program. The program will be administered by the Delaware Higher Education Office.

This Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.

Section 1 of this Act makes a pattern or practice of violations by a landlord of a Manufactured Home Community of subchapters I through V of Chapter 70 of Title 25 of the Delaware Code, or a provision of a rental agreement, an unlawful practice under the Consumer Fraud Act, subchapter II, Chapter 70, of Title 25, under specified circumstances. Section 2 of this Act authorizes the Attorney General to file a petition to establish a receivership of a Manufactured Home Community in a Justice of the Peace Court on specified grounds after notice to the landlord. Section 3 of this Act requires the Justice of the Peace Court to send written notice to the Director of Consumer Protection at the Department of Justice within 10 days of its receipt of a petition for tenants’ receivership under Title 25 of the Delaware Code, Sections 5901 or 7061, except in those cases where the Attorney General files the petition.