This Concurrent Resolution recognizes June 2017 as LGBTQ Pride Month in the State of Delaware.
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.
This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2018. Section 1 – Government Units and Senior Center $18,582,949 Section 2 – One-Times and Community Agencies $12,886,495 Section 3 – Fire Companies $4,711,925 Section 4 – Veterans Organizations $244,230 GRAND TOTAL $36,425,599 This Act also amends Title 30 of the Delaware Code relating to taxes on personal income.
This bill clarifies that the Division of Forensic Science can set reasonable fees in its regulations related to the issuance of any postmortem record, cremation permit, or statistics, which are services it currently provides at no cost. The collection of such fees is consistent with laws in other state jurisdictions.
This Act removes the prohibition against receipt of Temporary Assistance for Needy Families (“TANF” also referred to by the name Aid for Families with Dependent Children or “AFDC”) funds by persons convicted of a drug felony, so long as that person is otherwise eligible or TANF assistance. Even though federal laws such as PRWORA passed during the War on Drugs frequently prohibited access to public assistance for persons with drug felonies, these laws also gave states flexibility in determining eligibility for food aid and cash assistance for families with children when applicants had a criminal conviction. The majority of states have limited the federal bans in whole or in part. In 2011, Delaware opted out of restrictions on food aid, but it has not opted out of or limited federal restrictions on TANF—the cash assistance program that is the principal form of assistance available to most families in poverty to pay for things like electricity bills or school supplies. Under existing law, individuals convicted of any state or federal drug felony, including possession of marijuana (which can be a felony under federal law), are ineligible for TANF for life. Although the children of a parent convicted of a drug crime can still receive assistance, the family’s overall award is significantly reduced, and in practice this affects the well-being of families and children.
This Act creates the Delaware Student Entrepreneur Program Fund. The primary purposes of the Act are as follows: (1) To attract and retain high-skilled, entrepreneurs, including immigrants to the United States, that graduated from Delaware higher education institutions (2) To help fund and develop new businesses in Delaware and create job opportunities in Delaware for Delaware’s young citizens in the areas of innovation and technology that are poised to grow in the 21st century economy; (3) To attract global entrepreneurs to Delaware higher education institutions, to grow businesses, create jobs in Delaware, and provide employment opportunities for the graduates from these institutions; and (4) To support entrepreneurship and innovation in Delaware.
According to the National Conference of State Legislatures, on average, an incarcerated parent with a child support order has the potential to leave prison with nearly $20,000 in child support debt, having entered the system with around half that amount owed. This national statistic is consistent with Delaware, where the average child support debt for those currently incarcerated in Delaware is $10,000. Failing to recognize the inability to pay while incarcerated undermines the obligor's ability to make a successful transition and meet their obligations post-release, including the ability to pay child support. Delaware Family Court Rules will consider a term of incarceration that exceeds 1 year as evidence of a diminished earning capacity but the incarcerated parent needs to file a motion asking the Family Court for relief from the Child Support Order. The vast majority of incarcerated parents do not have independent income, resources, or assets with which to pay an obligation of child support consistent with their pre-incarceration circumstances. This Act automatically suspends child support orders when a defendant is incarcerated or involuntarily committed for over 180 days unless the defendant has the means to pay support while incarcerated or involuntarily committed, the defendant is incarcerated for a crime of domestic violence against the custodial relative or the supported child, or is incarcerated for failure to comply with an order to pay child support.
The continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal histories are a hindrance to employment, education, housing and credit. This act modifies Delaware’s discretionary expungement provisions to allow more children, and adults with only juvenile records, the ability to petition the Court for an expungement. An adult conviction automatically disqualifies someone from seeking an expungement to their juvenile record. These changes would allow the Court to consider an expungement where a person with a juvenile record has demonstrated rehabilitation. These provisions will enable a greater number of deserving youth, and adults with only juvenile records, the ability to move beyond their past and recognizes that most youth mature out of offending behavior. This legislation builds on a bill passed by a bipartisan group of lawmakers during the 148th General Assembly. Senate Bill 198 streamlined the process for an individual to expunge their juvenile record. This proposed expansion removes certain prohibitions that prevent an individual from ever seeking a discretionary expungement, streamlines the scenarios of which a person with a juvenile record is eligible to seek a discretionary expungement, and creates a fair catch-all provision for those seeking an expungement to their juvenile record in cases where they were found delinquent in multiple cases, but had not been adjudicated or convicted of another crime since. This allows for eligible juveniles, and adults with only juvenile records, to seek discretionary expungements, wherein the Court would decide whether or not a person had rehabilitated.
Individuals who receive health care via Medicaid deserve the same dedication to treatment of substance abuse disorders as individuals who receive health care via private insurance. This Act extends the same access to treatment of a substance use disorder within the Medicaid framework that Senate Bill 41 of the 149th General Assembly afforded to individuals covered by private health insurance. This Act also clarifies that Medicaid health plans must use the full set of American Society of Addiction Medicine criteria when determining whether “medical necessity” exists for the placement, continued stay, and transfer/discharge of patients with a substance use disorder in treatment programs. Additionally, this Act aligns protections relating to services, specifically 5 days of treatment in detox centers and 30 days of treatment in Intensive Outpatient Programs, with the residential treatment option that is protected pursuant to Senate Bill 41 of the 149th General Assembly.
This Concurrent Resolution recognizes Ramadan and Muslim residents of this State as they observe Ramadan.
