This Senate Concurrent Resolution supports the Ad Hoc Committee for Child Support Formula Review's proposed revision to Family Court Rule of Civil Procedure 506.
This resolution recognizes November 2018 as "Native American Heritage Month" in Delaware.
This Senate Concurrent Resolution creates a Delaware Youth Drug Prevention Curriculum Task Force to examine available drug prevention programs and to recommend a course of action to educate our youth about the dangers of drug, alcohol, and tobacco use to reduce the chance that youth will experiment with these substances.
This Act brings Delaware sex offender registration laws into compliance with the federal Sex Offender Registration and Notification Act ("SORNA") by standardizing the tier designation of sex offenders are assigned based upon offense of conviction. This Act removes discretion previously granted to the Board of Parole to redesignate sex offenders and standardizes designation in a manner consistent with established Superior Court precedent. See State v. Brown, 2013 WL 2149882 (Del. Super. 2013); Lane v. Board of Parole, 2012 WL 5509711 (Del. Super. 2012). Finally, this Act streamlines the designation process by directing review to the Superior Court in the first instance.
This Act ensures that the spouses of those killed in the line of duty are able to receive benefits for the remainder of their lives regardless of future marital status. When a surviving spouse remarries, the surviving spouse's benefit is reduced to 90% of the original benefit for the first 10 years after the remarrying and must be reduced to 75% of the original benefit thereafter until the death of the surviving spouse. Spouses of fallen first responders should not be forced to make decisions to carry on with their lives based on financial considerations.
This constitutional amendment removes outdated constitutional language related to voter qualifications. The voting age has been 18 since the 1970's under federal law which superseded state law. Additionally this constitutional amendment clarifies the General Assembly's authority to enact general laws relating to voting by absentee ballot.
The Public Service Commission’s (“PSC”) authority over public utilities has been changed by recent decisions by the Federal Communications Commission (“FCC”) and legislation enacted in Delaware. This Act changes the statutory requirements for PSC public utilities to remove requirements that are no longer consistent with the FCC decisions and revised State laws but impose unnecessary burdens and costs on utilities and administrative costs to the PSC. This Act also removes an unnecessary administrative requirement regarding motor vehicle dealers. The specific changes are as follows: Section 1. Removes the requirement in § 4915 of Title 6 that an annual assessment be sent to motor vehicle dealers so that the PSC has the flexibility to send an annual assessment and notification to motor vehicle dealers only when the annual assessment is necessary to cover actual administrative costs. Current law requires that the annual assessment be sent even when the actual cost of administering this chapter is zero or de minimis. The PSC has had only 2 cases in the past 6 years and both were settled without significant cost. Section 2. Revises an internal reference to reflect a subsection redesignated by this Act. Section 3, Section 5, Sections 6 through 8. Amend §§ 215, 704, 705, 706, and 707 of Title 26 so that PSC approval is not needed for telecommunication filings for mergers, transfers of control, securities issuance, and financings. The telecommunications industry has continued to evolve and provide competitive services in Delaware. The FCC exercises regulatory authority over telecommunication service providers and recent statutory changes eliminated the PSC’s authority to regulate telecommunication customer service. Thus, applications for merger or transfer of control are typically permitted after there has been no PSC action within the required 30 day period. This section eliminates an unnecessary regulatory requirement and loses little oversight of competitive telecommunication service providers. Section 4. Eliminates PSC authority to regulate “rates changed” for basic cable services. On September 9, 2015, the FCC issued new rules declaring basic cable service to be competitive in all areas because fiber and satellite services offer a competitive alternative. To retain rate regulatory authority, states must petition the FCC showing a lack of competitive alternatives with their boundaries and Delaware has not filed a petition to do so. This change codifies the impact of that FCC ruling on PSC authority. Section 8. Amends § 707 of Title 26 to eliminate the annual rate filing by telecommunication providers. In 2013, HB 96 redefined basic service in Delaware to include an individual access line and residential local usage at a location where there is no alternative provider of telephone service available and switched access services. This revised definition eliminated all basic service in Delaware and the need for a telecommunication provider to file applications for rate changes, which had been calculated using the Gross Domestic Product Price Inflation Index. Under federal law, carriers are prohibited from increasing intrastate switched access rates, so there is no need for a State filing regarding a calculation related to switched access services. Thus, this change eliminates unnecessary regulatory filings. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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.
This Act creates the crime of wrongful use of voter registration information. Delaware has no specific statute that addresses such a situation. Currently when there is a request for voter registration, the Department of Elections requires the applicant to sign a form with a sworn statement that the applicant will not use it for commercial solicitation or any other purpose not related to the electoral process. The applicant may be charged with perjury if they violate their affirmation. Nearby states Maryland, New Jersey, and Pennsylvania have stronger restrictions. This act would allow a fine that would be equal to 100% of funds received from any use of the information or $1,000, whichever is greater, and makes it a class A misdemeanor.
