This bill clarifies the options for becoming licensed as a master barber. In particular, a cosmetologist will be able to become licensed as a master barber after one year of post-licensure work experience and a 35-hour course in shaving. The reciprocity provision requires that an applicant from a state with less stringent licensure requirements than those of Delaware have work experience. The provision has been amended to require one continuous year of licensed experience obtained within the 5 years immediately preceding application. This amendment will address the ongoing challenge where applicants from neighboring states have difficulty becoming licensed in Delaware. The limitation on daily work hours has been stricken. Part-time applicants at times need to work more than 10 hours per day to meet licensure requirements. The 40 hours per week cap remains. The apprenticeship provision has been amended to permit a licensed instructor to supervise up to 5 apprentices. Revisions clarify that only temporary hair removal is within the scope of practice for cosmetologists and aestheticians. Finally, the reinstatement provision has been revised to provide that, if a licensee has not renewed his or her license within 5 years, that licensee can apply for reinstatement by taking the practical examination again.
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This Act establishes the Quality Improvement Advisory Council (“Advisory Council”) to promote collaboration and problem-solving with stakeholders in the system of care administered by the Division of Developmental Disabilities Services (“the Division”). The Division, in consultation with the Advisory Council, must submit an annual report to the General Assembly and the Department of Health and Social Services on specific performance measures affecting services to adults with intellectual and developmental disabilities. Under this Act, the Joint Legislative Oversight and Sunset Committee will review the Advisory Council in 2022 to determine whether it has been an effective tool for collaboration between the Division of Developmental Disabilities Services and the provider community.
This Act revises the circumstances under which an applicant can be denied a license by the Real Estate Commission because of a criminal conviction. Similar to the recent changes made other professional license requirements, this Act does all of the following: 1. Defines when a crime is substantially related to the professions regulated by the Real Estate Commission. 2. Reduces the time since conviction to be eligible for a waiver of a felony conviction for a crime against a person from 5 years to 3 years. 3. Reduces the time since conviction to be eligible for a waiver of all other felony conviction for a crime from 5 years to 2 years. 4. Clarifies what is meant by being on parole. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act authorizes the Governor, Attorney General, Secretary of the Department, or General Assembly to request, and requires the Auditor of Accounts conduct or contract for, an audit of a charter school's business and financial transactions, records, and accounts in certain circumstances. Such a request must be based on evidence of misuse of State money or a violation of the following State law, or regulation promulgated under the State law: (1) Part I of Title 11 (relating to the Delaware Criminal Code). (2) Chapter 5 of Title 14 (relating to charter schools). (3) Subchapter I of Chapter 58 of Title 29 (relating to the State employees’, officers’, and officials’ code of conduct). (4) Chapter 69 of Title 29 (relating to State procurement). In addition, this Act makes clear that the Auditor of Accounts may not charge for an audit conducted or contracted for under this Act.
The stacking of sentences can, and has, in some cases, result in severe prison sentences without permitting the sentencing judge any discretion as to the offender’s individual circumstances or the facts of the case. In order to provide such judicial discretion, this bill reforms concurrent and consecutive sentencing. This bill provides sentencing judges with the discretion to sentence prison time concurrently when appropriate. However, this bill mandates consecutive sentences when there are multiple victims for the most serious crimes. In addition, this bill requires consecutive sentences for assault in a detention facility. Under this bill, based upon the facts and circumstances of a case, prosecutors are able to recommend and judges have the discretion to order consecutive sentences.
This bill clarifies that in order to be found guilty of prostitution the person must be 18 years or older.
Diwali is a 5-day festival of lights, celebrated by millions of Hindus, Sikhs, and Jains across the world. The dates for Diwali change each year, but it usually falls in October or November. Fireworks are an essential component of Diwali and the third day of Diwali is the height of the festival. In recognition of the many Indo-Americans living in Delaware, this Act permits the sale and possession of sparklers and ground-based sparkling devices during a 30-day period before and including the third day of Diwali and the use of these items on the third day of Diwali.
This House Concurrent Resolution recognizes the month of June 2019 as “Caribbean American Heritage Month” in the State of Delaware.
It is an unfortunate reality that many offenders have difficulty re-entering society. Without the ability to provide for themselves and their families through gainful employment, 67.8% of released prisoners are rearrested within three years of release nationally. One of the reasons that offenders have difficulty is because they often face the unrealistic requirement to pay off large fees and fines, which grow with interest if not paid, at the same time as they have to pay for housing, food, care for children, or other necessities of life. Failure to pay can result in the offender found to be in violation while on probation or being denied a pardon. Furthermore, most offenders tend to be non-affluent, and the state spends resources chasing fines and fees it will not recover. Unlike motor vehicle fines under Title 21, which generate large sums of revenue, fees and fines under Title 11 and 16 are modest and collection costs are high. The social costs in terms of impacting rehabilitation and successful re-entry are even higher. To address this problem and to give the Department of Correction a positive incentive to reward participation in work programs in its facilities or in the community, this Act authorizes the Department of Correction to give minimum wage to inmates to pay off fees or fines by participating in an earned credit program established by the Department of Correction. The court would establish how many hours need to be worked in order to discharge this financial obligation by computing the hours based on the then prevailing state minimum wage hourly rate. The Department of Correction will establish an earned credit program and certify to the court when the individual has completed the required number of hours. The earned credit program cannot be used to discharge other financial obligations owed, such as restitution, child support obligations, or bail.
This Act requires the Department of Education ("Department") to administer the statewide program for services for students with autism spectrum disorder (“program”) and that the Department must hire the Director of the program.