Sen. Margaret Rose Henry

This bill requires the Division of Public Health and the Department of Education to collaborate with local school districts to find ways to help improve the indoor environment in schools. The bill also requires the Division of Public Health to establish an online portal on the DHSS website through which it will provide technical expertise and exchange information with local school districts in order to help improve the air quality and overall indoor environment in schools. The bill also requires the Department of Education to notify local school districts of the portal every year.

This bill amends the provisions related to board member compensation under Titles 24 and 28 consistent with a recent amendment to the Delaware Constitution raising the maximum compensation per calendar year from five hundred dollars per year to 1500 dollars per year. The bill removes the need for further amendments to the compensation provisions by deleting the reference to the specific dollar amount of the maximum.

This bill expands the population of war veterans who are eligible to be awarded a high school diploma.

This bill continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the "Act") to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Sections 1 through 6, 10 and 15. These sections amend Sections 17-101(4), 17-101(8), 17-102(5), 17-104(b), 17-104(g), 17-104(i)(4), 17-216(b)(6) and 17-902(1)(b) of the Act to clarify and confirm the distinction between domestic limited partnerships and foreign limited partnerships and to make certain other conforming changes. Section 7. This section adds subsection (e) to Section 17-201 of the Act to confirm and clarify that a certificate of limited partnership substantially complies with Section 17-201(a)(2) if it contains the name of the registered agent and the address of the registered office even if the certificate of limited partnership does not expressly designate such person as the registered agent or such address as the registered office or the address of the registered agent. Section 8. This section amends Section 17-211(a) of the Act relating to mergers and consolidations to confirm that "other business entity" includes any incorporated or unincorporated business or entity (other than a domestic limited partnership). Section 9. This section amends Section 17-215(a) of the Act relating to the domestication of non-United States entities to confirm that the term "non-United States entity" includes any incorporated or unincorporated non-United States business or entity. Section 11. This section amends Section 17-217(a) of the Act relating to conversions to a limited partnership to confirm that the term "other entity" includes any incorporated or unincorporated business or entity (other than a domestic limited partnership). Section 12. This section amends Section 17-219(a) of the Act relating to a conversion of a limited partnership to confirm that a domestic limited partnership may convert to any incorporated or unincorporated business or entity (other than a domestic limited partnership). Section 13. This section amends Section 17-303(b)(1) of the Act to confirm that limited partners may hold any type of interest in a general partner without participating in the control of the business of a limited partnership. Section 14. This section amends Section 17-403(c) of the Act to confirm and clarify the broad power and authority of a general partner to delegate any or all of the general partner’s rights, powers, and duties to manage and control the business and affairs of a limited partnership, including any core governance functions. Section 16. This section provides that the proposed amendments of the Act shall become effective August 1, 2017.

Section one of this Act would grant access to data from the prescription monitoring program to the Drug Overdose Fatality Review Commission, which would significantly enhance the Commission’s ability to meet its statutory duties. In addition, this section of the amendment broadens the pool of individuals from the Division of Forensic Science who may be designated as members to the Commission. This section of the amendment also clarifies the scope of records that may be compelled for production by the Commission. Sections two and three of this Act allows the Drug Overdose Fatality Review Commission to obtain and review medical records, including mental health and substance abuse records, in furtherance of its statutory duties and in compliance with Delaware’s privacy and confidentiality laws.

This Act updates the school stability law for children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) following passage of the federal Every Student Succeeds Act (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). ESSA requires Delaware to eliminate the provision “awaiting foster care placement” under § 202(c), Title 14 in accordance with the federal McKinney Vento Homeless Assistance Act by December 10, 2017, and instead create a distinct provision regarding school stability for children in the custody of DSCYF. [42 U.S.C. §§ 11431 to 11435; ESEA section 1111(g)(1)(E)(i)-(iii)), 20 U.S.C. §6311(g)(1)(E)]. This Act clarifies that children in the custody of DSCYF remain entitled to attend their school of origin if it is in their best interests to do so, or are eligible for immediate enrollment in a new school. Sections 1, 2, and 3 of this Act take effect on the effective date of final regulations published in the Register of Regulations and promulgated under authority granted by § 202A(d) of Title 14, which is created by Section 2 of this Act.

This bill further consolidates animal welfare law enforcement roles and responsibilities under Title 16. The Office of Animal Welfare enforces all animal control and animal cruelty laws of this state. Upon the transfer of such responsibilities to the Office of Animal Welfare, officers were given greater enforcement authority than previously assigned under the Delaware State Constable Board. As such, animal welfare officers were removed from the Board’s oversight and the additional laws enforced previously as constables need to be added to the section of the code that defines officer authority, specifically when enforcing animal fighting laws and laws pertaining to dangerous animals. Other laws, like the dog control law, needed to be brought up to date with current Office of Animal Welfare authority. Additionally, the bill updates the Dangerous Dog Law to allow for more thorough investigation prior to civil filings, adds code provisions concerning dogs that repeatedly attack or threaten to attack people and animals in the community, creates steps for ensuring compliance to court rulings, and establishes a deadline for filing appeals after dangerous dog (with euthanasia) rulings.

This bill updates the statute governing the Delaware Division of Libraries, revising terminology to reflect the varied roles of Delaware libraries in the 21st Century. The bill also codifies existing responsibilities of the Division of Libraries related to coordination of state library technology.

This Act provides clearer language concerning security alarm business license and identification requirements for both businesses and individuals; gives vendors a clearer understanding of prohibited acts, discipline and penalties; and grants the Professional Licensing Section the ability to promulgate regulations, conduct inspections and additional powers needed to oversee this chapter.

This bill creates a new type of liquor license for beer gardens. Beer gardens are outdoor venues that operate at least 5 months, of each year and are independent of any other licensed establishment. The licensing and operation of beer gardens provides new business creation opportunities and a chance to enhance retail areas in Delaware. However, the General Assembly is also mindful of concerns that by creating a license for outdoor space, existing businesses could be affected. For this reason, the definition of a beer garden includes stringent requirements that will limit the number of establishments that could be eligible for a license issued pursuant to this Act. The biennial fee for a beer garden license is set at $2,000.