Rep. Sean Lynn

A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.

Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Committee is required to develop and publish an Annual Report and multi-year Strategic Plan for Clean Water with annual updates.

Delaware is one of a handful of states that has no cap other than unconscionability on interest rates for short-term consumer loans. Under Delaware case law, the unconscionability of an interest rate is decided by a court on a case by case basis. This Act caps interest rates at 20% for short-term consumer loans of $1,000 or less that must be repaid in less than 60 days and motor vehicle title loans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires that a former foster parent of a child be considered a preferential placement option for a child when the child is placed for adoption less than 13 months after the end of the foster placement.

Section 1 of this bill moves the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly. Section 2 of the bill changes the deadline for a minor political party selecting its candidate at the party’s convention. Section 3 of the bill changes the deadline for filing certificates of nomination from September 1st to April 1st. Section 4 changes the “closed” period in which a voter is not allowed to change his or her political affiliation to match the 60-day limit in 15 Del. C. § 3189 for presidential primaries.

Recently, the Department of Justice has dismissed misdemeanor charges of driving under the influence in the Court of Common Pleas in Sussex County and refiled the same misdemeanor charges in the Superior Court in Sussex County. This Act ends that practice by vesting exclusive original criminal jurisdiction for a misdemeanor charge of driving under the influence in the Court of Common Pleas. If a misdemeanor charge of driving under the influence otherwise may be joined properly with a felony within the jurisdiction of Superior Court, the violation of this section is within the jurisdiction of Superior Court.

Section 7052 of Title 25 provides that the completion and cost of any capital improvements or rehabilitation work, as distinguished from ordinary repair, replacement, and maintenance, may justify an increase in rent in a manufactured home community but only until the cost of the improvement has been fully recovered. This Act clarifies this provision by doing all of the following: 1. Creating a clear definition of capital improvement and rehabilitation work. 2. Making the recovery of costs for capital improvement or rehabilitation work a fee so the recovery of this cost is a separate charge from rent. 3. Limits the amount of a fee to recover costs for capital improvement or rehabilitation work to 10% of the cost of the capital improvement or rehabilitation work or 10% of the rent, whichever is lower. 4. Providing notice requirements for a fee to recover costs for capital improvement or rehabilitation work. The Chapter 70 definition of rent includes 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. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act simplifies Delaware’s drug code with a goal of providing more fairness in its application. This Act removes geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas. This Act reduces the number of weight tiers from 5 to 3 with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. This Act reflects the reality that the road to recovery from a drug addiction is difficult by removing automatic sentence enhancements based on prior drug offenses, and instead allowing discretion during sentencing to determine when a repeat offender requires substantive additional penalty. Specifically, Sections 1 through 14 of this Act do the following: (1) Eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property. (2) Eliminate enhancements based on the commission of prior drug offenses. (3) Simplify Delaware’s controlled substance laws by reducing the number of weight tiers that are used to categorize the severity of controlled substance offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This act names the Delaware portion of U.S. Route 301 between Route 1 and the Delaware Maryland State line as First Responders Memorial Highway.