Sen. Jack Walsh

This Act strengthens restrictions on the tethering of dogs by doing the following: 1. Changes the crime of cruelty to animals as follows: • Removes the existing crime of tethering a dog for 18 hours in a 24 hour period and makes it a crime to tether a dog outside for more than 30 minutes when the temperature is below 32 degrees Fahrenheit or above 90 degrees Fahrenheit. • Removes the exception for tethering a dog who is a nursing mother or a dog under 4 months of age if the dog is tethered on land owned or leased by the dog's owner. • Prohibits tethering a dog for more than 30 minutes between the hours of 11:00 pm and 6:00 am. • Adds a third or subsequent violation of the tethering requirements in § 3044F of Title 16 to the crime of cruelty to animals. 2. Changes the civil specifications for the humane handling, care, and treatment of dogs as follows: • Requires that the tether not be attached to a choke, pinch, or prong collar. • Requires that the owner be present on the property. • Imposes a higher civil penalty for subsequent for violations of § 3044F, the specifications for the humane handling, care, and treatment of dogs. This Act also makes technical corrections to conform existing law to the standards to the Delaware Legislative Drafting Manual.

This Senate Concurrent Resolution directs the Department of Education, with the assistance of the Delaware Interscholastic Athletic Association, to promulgate regulations that permit coaches to coach student athletes out of season, with restrictions that minimize the risk of unethical activity.

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 Bill expands the offense of falsifying business records by including the act of altering or modifying and creating false medical records. Currently, no specific statute exists to prevent a person from falsely creating, altering, or modifying a medical record. Expanding the offense of falsifying business records to include medical records will be a useful tool for combating healthcare provider fraud, protecting patients, and assisting patients in ensuring the integrity of their medical records.

The Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives. Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards. The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards.

This Act makes a technical correction to § 7021 of Title 25 so that it is consistent with § 7043 of Title 25. Section 7021 is the original rent increase section. It requires a landlord to provide a minimum 60 days notice of a rent increase and was not revised when § 7043, which requires a minimum of 90 days notice of a rent increase, was enacted in 2013.

This bill was previously recommended by the Joint Sunset Committee in the 147th General Assembly. The bill adds appointed members of the Cash Management Policy Board to the definition of “public officers.” This designation would subject the appointed members of the Board to annual financial disclosure requirements.

Both the Delaware Strategic Fund (Title 29, Chapter 87A, Subchapter II) and the Delaware Technical Innovation Fund (Title 29, Chapter 87A, Subchapter III) provide funding for Delaware businesses, including new businesses in growing technology-related fields. The Delaware Strategic Fund is intended to assist in the development of startup strategies such as seed capital and incubator programs. The Delaware Technical Innovation Fund is intended to promote coordination with Delaware’s institutions of higher education and the private sector to commercialize innovative products and processes developed by small businesses. This act encourages Delaware’s institutions of higher education to assist foreign-born, student entrepreneurs, who are engaged in the development of new businesses and technologies in Delaware, to provide them with assistance in maintaining proper legal status within the United States. Presently, thirteen universities in six states offer Global Entrepreneur in Residence Programs which have been successful in assisting foreign-born, student entrepreneurs in creating new businesses, new jobs, and attracting additional capital investment for their development and expansion. This act will add a provision comparable to those found in Global Entrepreneur Residence Programs within the existing frameworks provided by the Delaware Strategic Fund and the Delaware Technical Innovation Fund. This will encourage the creation and development of new businesses and new technologies in Delaware, without creating a new program with new funding needs.

This legislation increases access to Delaware's existing community solar program by expanding geographic eligibility requirements of the program. The legislation also ensures 15% of all community solar facilities provide savings to low-to-moderate income households, and enables community solar facilities to reach 5 megawatts in size, which will maximize solar savings and grow the number of homes that can subscribe to a program.

As a public school safety measure, this bill requires that any door to a classroom will be equipped with a lock that can be locked from either side of the door. Many doors are currently not capable of locking from the inside. Locking the door(s) to a classroom from inside the classroom would enable precluding a school intruder from entering that classroom. The Act permits schools 5 years from the date of enactment to bring existing structures into compliance with this requirement. New construction and major renovations must comply with the requirement immediately upon enactment.