Daily Report for 7/12/2018

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 184SignedQ. JohnsonThis bill adds to the requirements for licensure as a River Pilot Apprentice that an applicant not have been convicted of a crime substantially related to the practice of river piloting. This bill empowers the Board of Pilot Commissioners to waive such a disqualifier to licensure if it finds that the applicant is otherwise capable of practicing in a safe and competent manner, and the granting of a waiver will not endanger the public health, safety, or welfare. This language tracks that which is already included in most Title 24 boards’ statutes. This bill also empowers the Board of River Pilot Commissioners to discipline any licensee who is convicted of a crime substantially related to the practice of river piloting after obtaining licensure, and to discipline any licensee who has a river pilot license disciplined by another jurisdiction. This language also tracks that which is already included in most Title 24 boards’ statutes.AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO THE BOARD OF PILOT COMMISSIONERS.
HB 248SignedBentzThis Act removes from the definition of “free standing emergency departments” those emergency departments that are owned by an existing, licensed hospital in this State that has already been authorized and licensed to provide emergency services. This Act also makes technical changes. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO URGENT CARE FACILITIES.
SB 151 w/ SA 1SignedHenryBirth control use is nearly universal among women of reproductive age in the United States and is a key part of preventative health care for women. Access to birth control provides health benefits for women and children, improves women's ability to control whether and when they have a child, and fosters women's ability to participate in education and the workforce. However, the cost of birth control, particularly the higher up-front costs of the more effective, longer-acting birth control methods, is often a barrier to women accessing the birth control they need. This Act codifies the current federal requirement that health insurance plans include coverage for contraceptives and applies this requirement to individual, group, State employee, and public assistance plans. This Act retains the current ability for religious employers to exclude coverage for the insertion and removal and medically necessary examination associated with the use of FDA-approved drugs or devices. AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF CONTRACEPTIVES.
HB 326 w/ HA 1, HA 2SignedK. WilliamsThis Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVANCE SCHOLARSHIP PROGRAM.
HB 333SignedB. ShortIn 2017, HB 114 raised the minimum bodily injury and property damage liability limits set forth at 21 Del. C. § 2902(b)(2) from $15,000/$30,000/$5,000 to $25,000/$50,000/$10,000. However, HB 114 did not address the issue of combined single limits, and did not change the definition of “proof of financial responsibility” in the definitions section of Title 21. The purpose of this bill is to resolve the statutory conflict that was created when HB 114 was passed in 2017.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.
HB 339SignedJ. JohnsonThis bill allows children under the age of 18 to be transferred to the Department of Corrections only after adjudication and an imposition of a sentence of incarceration. Currently, Delaware permits juveniles charged with adult offenses to be held in default of bail in the custody of the Department of Corrections. The trend nationwide is to hold juveniles charged with adult offenses in juvenile facilities pretrial as these facilities provide educational and rehabilitative programs.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.
HB 348 w/ HA 1SignedMulrooneyThis Act redefines “resident” to mean one who is legally domiciled in the State for 10 years immediately preceding October of the pretax year. This change means that one must be domiciled in the State for 10 years before one who is over the age of 65 can receive the exemption from real estate taxes provided by Subchapter II, Chapter 81, Title 9 of the Delaware Code. This change is consistent with a similar change made to the residency requirements of those who are over the age of 65 and claiming a tax credit against school taxes (See House Bill No. 99, as amended, from the 149th General Assembly; Chapter 71, Volume 81 of the Laws of Delaware). This Act also corrects language in the definition of “income.” This language operates to reference income information that is a year old at the time provided. Removing this language will mean income information for the most recent federal and state income tax years is provided. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES.
HB 356SignedHeffernanThis Act allows the Department of Natural Resources and Environmental Control to lease historic structures on State public lands to individuals or corporate entities. The lessee would be required to renovate and maintain the structure up to the applicable National Park Service Secretary of Interior Standards, would be permitted to insure the property and are eligible for Land and Historic Resource Tax Credits. DNREC is required adopt any necessary rules and regulations to implement the Act and may require the lessee to abide by any other lease conditions or commitments, including specific expenditure requirements, which the DNREC deems advisable for the public good. This Act will ensure that DNREC has the authority to enter into curatorship agreements for historic properties in grave need of restoration. It clarifies that DNREC’s Resident Curatorship program which has operated for over a decade is not in conflict with Delaware Landlord Tenant Code and allows for private investment that will revert to the State of Delaware at the conclusion of the agreement. Currently there are four historic Delaware State Park properties available through the program to potential curators and the program has saved three historic structures through curatorship’s at Lums Pond, Cape Henlopen and Fort DuPont State Parks. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION.
HB 363 w/ HA 1SignedK. WilliamsThis bill changes the time of school board and school referendum election from 10:00 a.m. to 8:00 p.m. to 8:00 a.m. to 8:00 p.m.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SS 1 for SB 85 w/ HA 1SignedHenryThis Act draws attention to the types of discipline used in schools by capturing data about out-of-school suspensions and publishing that data, in an effort to help schools identify areas where the data regarding out-of-school suspensions indicates there is room to reduce such suspensions. This Act is meant to increase transparency, improve overall school climate, resulting in improved student outcomes. The collection and publication of this data will also help the Department of Education and community partners identify opportunities to provide greater supports to schools, students, and their families. According to data provided by the Delaware Department of Education (“DOE”), thousands of Delaware students receive out-of-school suspensions each year for minor infractions, such as being unprepared or late for class, dress code violations, and disrespectful behavior. In 2013, only 2% of out-of-school suspensions were for serious offenses such as weapons, drugs, or serious violence. Out-of-school suspensions do not address the root causes for the misbehavior, and only serve to put the students further behind in class. Furthermore, DOE data shows that, in 2013, African-American students made up only 32% of the student body, but accounted for 62% of out-of-school suspension, and students with disabilities made up 13% of the student body, but accounted for 24% of out-of-school suspensions. Federal discipline guidance, developed jointly by the U.S. Departments of Education and Justice, instructs schools to commit to regular evaluation of school discipline policies and practices, and monitor progress toward the schools’ climate and discipline goals. The federal process requires schools to collect and publicly report disaggregated student discipline data and solicit feedback from students, staff, families, and community representatives. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. This Substitute Bill makes the following changes to Senate Bill No. 85: 1. References the existing definition of "disruptive behavior" in Title 14. 2. Includes "disability" as a category for data collection. 3. Extends by 1 year the years stated in the requirements to retain the same time frames. This is necessary because this Act will be enacted in 2018, not 2017 when it was drafted. 4. Clarifies what information is required for reports and provides deadlines for the required plans and reports. 5. Clarifies that schools must develop plans and strategies with stakeholder input. 6. Clarifies content for professional development. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE LAWFUL AUTHORITY OF TEACHERS OVER PUPILS.
SB 174 w/ SA 1, SA 2SignedEnnisThis Act permits an insurance company to apply for and receive a salvage certificate, clear of all liens, after payment of a total loss claim, if the insurance company has not been able to obtain the properly endorsed certificate of title. This Act also permits a licensed auto actions to apply for and receive a salvage certificate, clear of all liens, if the auto auction took possession of motor vehicle at the request of an insurance company and the motor vehicle has been abandoned at the auto auction facility for more than 30 days. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRANSFER OF TITLE FOR AUTO SALVAGE.
HB 391 w/ HA 1SignedJaquesThe Delaware National Guard is a crucial partner in the preparedness, planning and in conducting operations in the event of radiological incidents. This Act’s modification to § 181 corrects an unintended flaw from a previous change to Title 20, affecting the manner in which National Guard members are paid for Radiological Emergency Preparedness (REP) events. The previous change in Title 20 impedes the National Guard’s efforts to recruit personnel, who have developed a high level of proficiency achieved through consistent monthly training. The change allows the Delaware National Guard to ensure ample participation and encourage returning members to build upon previous training and processes. This request has no impact to the State’s general funds as it is paid through Special Funding provided by Public Service Enterprise Group. This Act’s modifications to § 185 updates the requirements for the employment and administration of state employees working for the Delaware National Guard. The Delaware National Guard has administered their state employees similar to the federal military technician program which includes dual status and non-dual status technicians. In the 2017 National Defense Authorization Act, the non-dual status federal technician position was eliminated and technicians were converted into Title 5 employees. The change in the federal law impedes the employment and administration of some state employees. The change allows for the proper employment and administration of all Delaware National Guard state employees. AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIONAL GUARD.
SB 191 w/ SA 1SignedMcDowell The Public Service Commission conducts an annual review of the process by which Delmarva Power obtains electricity to deliver to its customers. With 100% of supply coming from market based auctions, there has been little need to continue the Integrated Resource Plan (IRP) planning process. Under current legislation, Delmarva Power must conduct a complete IRP every two years. The IRP, while helpful in exploring possible changes in long term approaches to electric supply, is an expensive process, the cost of which is added to utility rates. This Bill extends the filing time for future IRP’s to those occasions when Delmarva Power elects to make a significant change in its source of electric supply or as the Commission may direct. This will reduce the customer costs to complete an IRP every two years, along with Commission time and effort for review. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND DELMARVA POWER & LIGHT COMPANY'S INTEGRATED RESOURCE PLANNING.
SB 195SignedBushweller Section 1 of the Act addresses statutes under Chapter 49 of Title 10 and (i) amends the title of section 4915 (but makes no substantive changes to the statute); and (ii) modifies section 4916 to provide that plans similar to the Delaware College Investment Plan and the Delaware Achieving a Better Life Experience Plan, but created under the laws of other states, are similarly exempt from the execution or attachment process in Delaware. Section 2 of the Act modifies section 6504 of Title 10 by: (i) providing that advisers and protectors under section 3313(a) of Title 12, and designated representatives under section 3339 of Title 12, are among those persons who may have a declaration of rights or legal relations in respect to the subjects currently enumerated in the statute; and (ii) making minor grammatical clarifications. Section 3 of the Act transfers certain statutes affecting the construction of trusts’ governing instruments from Chapter 2 of Title 12 (which governs wills) to Chapter 33 of Title 12 (which governs trusts) so that these statutes will be more readily accessible as a part of Delaware’s nationwide trust practice, and therefore cross-references the transferred statutes for purposes of the construction of wills. Section 4 of the Act addresses statutes under Chapter 33 of Title 12 and (i) clarifies that the definitions of section 3301 also apply to Chapters 35, 39, and 45 of Title 12, and to any other Delaware laws specifically incorporating section 3301 or the laws of trusts generally; (ii) clarifies that the definition of “fiduciary” as used in other sections of Title 12 also includes advisers or protectors acting in a fiduciary capacity under section 3313(a) of Title 12 and designated representatives acting in a fiduciary capacity under section 3339 of Title 12; (iii) defines in section 3301 the term “nonfiduciary” as used in other sections of Title 12; (iv) clarifies that sections 3302 and 3303 authorize sustainable investment strategies; (v) clarifies that section 3302’s protections of fiduciaries who do not have control over assets, or whose control is subject to the direction of a direction adviser, also apply to fiduciaries whose control is subject to the direction of a co-trustee or to fiduciaries whose co-trustees have exclusive authority over investment decisions; (vi) clarifies section 3313 such that only loans not in the nature of distribution decisions are considered to be investment decisions for purposes of directed trusts; (vii) modifies section 3313 by adding a new subsection (g), which provides that persons accepting appointment, or serving, as trust advisers submit to personal jurisdiction of this State, thereby paralleling the Uniform Trust Code; (viii) clarifies that under section 3313A, an excluded co-trustee is a fiduciary only with respect to powers from which such co-trustee is not excluded, and thus is not a fiduciary as to powers from which such co-trustee is excluded; (ix) clarifies that section 3317’s requirement for co-fiduciaries to keep each other informed also extends to nonfiduciaries with powers relating to a trust; (x) clarifies that section 3317’s protections for fiduciaries and nonfiduciaries providing information to co-fiduciaries or co-nonfiduciaries also extend to fiduciaries and nonfiduciaries receiving information from cofiduciaries or co-nonfiduciaries; (xi) clarifies that section 3323’s “majority rules” provisions relating to decisions among three or more co-fiduciaries also extend to decisions among three or more co-nonfiduciaries, and apply to powers vested in three or more such persons by a governing instrument or by law; (xii) transfers certain statutes affecting the construction of trusts’ governing instruments from Chapter 2 of Title 12 (which governs wills) to Chapter 33 of Title 12 (which governs trusts), and specifically to section 3330 (whose title is accordingly clarified), so that these statutes will be more readily accessible as a part of Delaware’s nationwide trust practice; (xiii) clarifies that section 3330 applies to trusts’ governing instruments generally (and not just wills or trust instruments); (xiv) clarifies that nonjudicial settlement agreements under section 3338 may resolve or address the removal of a trustee; (xv) clarifies section 3341 to provide that where substantially identical powers of appointment exist between two merged trusts, such powers applicable to the surviving trust before the merger shall extend to all of the assets within the surviving trust after the merger, unless the instrument of merger specifies otherwise, and also to clarify that section 3341 does not address the validity or effect of written instruments executed before trust mergers that purport to exercise powers of appointment over trusts; and (xvi) clarifies that modification of a trust under section 3342 permits both the addition of new provisions that were not included in the governing instrument previously as well as the modification of existing provisions that were included in the governing instrument previously. Section 5 of the Act addresses statutes under Chapter 35 of Title 12 and (i) reorders section 3524 to clarify when accountings for testamentary trusts are required to be filed with the Court of Chancery; (ii) modifies section 3528, such that exercises of powers to invade principal or income or both of a trust under that section need only be signed, and no longer need be acknowledged or filed with the records of the trust; (iii) modifies section 3536 so that a trustor may release a beneficial interest that is contingent on surviving the trustor’s spouse, so as to accelerate the next succeeding beneficial interests, thereby overturning Delaware common law to the contrary; (iv) clarifies the execution requirements for a trust’s governing instrument under section 3545; (v) clarifies section 3547 to define contingent successor remainder beneficiaries, define when such beneficiaries are more remote than others, and define when such beneficiaries may virtually represent more remote such beneficiaries; (vi) consistent with the Uniform Trust Code, modifies section 3547 to permit holders of general powers of appointment and the broadest form of nongeneral powers of appointment to virtually represent takers in default absent a conflict of interest; (vii) modifies section 3547 to allow a parent to virtually represent an unborn beneficiary (consistent with the Uniform Trust Code), and to provide that a virtual representative who represents a minor or incapacitated or unborn beneficiary and who, under the statute’s existing language, may therefore also represent an unborn or unascertainable person who has an interest in the trust substantially identical to that of the minor or incapacitated or unborn beneficiary represented by such virtual representative, may now also represent a minor or incapacitated or unborn person who has an interest in the trust substantially identical to that of the minor or incapacitated or unborn beneficiary represented by such virtual representative; (viii) clarifies section 3547 to provide that for purposes of virtually representing a trust that is a beneficiary of another trust, a trustee of an existing beneficiary-trust, or those who would be the beneficiaries under the terms of a beneficiary-trust not yet in existence, may virtually represent such beneficiary-trust; (ix) clarifies the definition of “trustee” in section 3580 for purposes of Subchapter VII of Chapter 35; (x) clarifies that sections 3585 and 3588 govern statutes of limitations applicable to any person interested in a trust (and not just beneficiaries) and to any claim against a trustee (and not just breach of trust claims); (xi) modifies the statute of limitations applicable to claims against a trustee from two years after a report is sent to a person to one year after such report is sent, to align such period with the Uniform Trust Code (unless the trust’s governing instrument specifies a period longer than one year, in which case the governing instrument shall control); and (xii) clarifies that section 3588 does not require consideration for indemnifications of trustees. Section 6 of the Act clarifies, within Section 505 of Title 25, that exercises of nongeneral powers of appointment to a donee’s revocable trust, for the benefit of proper objects of the power, are not rendered invalid by such appointment, and thus are deemed to create a separate trust within such revocable trust that is not subject to the creditors of the donee, the donee’s estate, or the donee’s revocable trust. Section 7 of the Act repeals sections 2725 and 2728 of Title 18 because they have been superseded by recent amendments to section 4915 of Title 10. Section 8 of the Act provides effective dates.AN ACT TO AMEND TITLES 10, 12, 18, AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS AND PROPERTY.
HB 397SignedJ. JohnsonThis Act permits the Superior Court to consider petitions out of sequence where the Attorney General consents and the Court determines consideration to be in the interest of justice. To ensure this exceptional sequencing provision is employed judiciously, the Court will only consider the consent of the Attorney General authorized by Delaware Department of Justice leadership (Attorney General, Chief Deputy Attorney General, State Prosecutor, or Chief County Prosecutors) in response to requests of Office of Defense Services leadership (Chief Defender, Chief Deputy Defender, Chief Conflicts Counsel) where a petitioner is represented by the Office of Defense Services, and in all other circumstances in response to privately retained counsel. This special authorization ensures individual petitioners do not unwittingly forego or disrupt their single opportunity for sentence review and further ensures consistency in modifications to sequencing.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE.
SB 198SignedEnnisThis Bill eliminates the prohibition against hunting for deer on Sundays. Additionally, it maintains the applicable agency regulating public lands authority and discretion to regulate, including prohibition of, deer hunting on Sundays. Lastly, the bill allows for the harvesting of deer on Sundays through DNREC’s deer depredation programs.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH.
HB 407SignedMulrooneyThis Act provides that all current employees, prospective employees, contractors and subcontractors of the Department of Labor with access to federal tax information shall be subject to appropriate background checks to ensure that the Department of Labor complies with obligations imposed by § 6103(p)(4) of the Internal Revenue Code and by the Internal Revenue Service in Publication 1075.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT INSURANCE.
HB 409 w/ HA 2SignedMulrooneyThis Act creates a state mass layoff and plant closing notice requirement law that requires certain larger employers to provide their employees with adequate notice when they plan to go out of business, close a plant, or lay off a large number of employees. This Act requires employers to also notify the Department of planned mass layoffs and plant closings, so the Department can provide dislocated workers with services to assist them in returning to work as soon as possible. This Act imposes greater notice requirements on employers than the federal Worker Adjustment and Retraining Notification Act (“WARN Act”). This Act authorizes the Department of Labor to investigate violations, conduct administrative hearings for employers who are alleged to have violated this Act, and pursue penalties for failure of an employer to comply with the notice requirements to its employees.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT.
SB 204SignedHocker Section 1 through 4 of this Act establish interim standards and criteria in order to permit redevelopment projects to move forward while revised regulations are being drafted. The interim standards set forth in this Act would effectively "sunset" upon the adoption of regulations governing redevelopment. The redevelopment regulations, upon formal adoption, would supersede the provisions of the Bill. Section 4 corrects an oversight in prior legislation, which extended the time frame for Department review of delegated projects from 3 to 5 years, but failed to extend the effective date of delegation from 3 to 5 years. Section 5 codifies current and proposed regulations as they pertain to stormwater management to ensure consistency. Section 6 is intended to clarify the procedural status of supporting materials published by DNREC to facilitate compliance with the Regulations, in light of the Order of the Delaware Supreme Court in Baker v. DNREC, No. 552, 2015 (April 15, 2016), affirming the Memorandum Opinion of the Honorable T. Henley Graves of the Superior Court, dated October 7, 2015. Consistent with the Delaware Administrative Procedures Act, regulatory guidance documents, interpretive rules, and general statements of policy adopted pursuant to this exception must still be published in the Delaware Register of Regulations, in order to provide notice of the changes. The language confirming the exemption is drawn from federal administrative law, 5 U.S.C.A. §553, and equivalent provisions of the New Jersey Code, 52:14B-3a, governing such supporting materials. The regulatory guidance documents, interpretive rules, and general statements of policy may not be used by DNREC to impose new or additional requirements on regulated parties, and may not be used, instead of the Code provisions and the Stormwater Regulations, as a basis for enforcement. Such materials are therefore not regulations, and not are not subject to the notice, hearing, or comment procedures of the Administrative Procedures Act or Title 7, or the Regulatory Flexibility Act. Rather, DNREC is free to publish periodic updates and revisions of its technical manuals, checklists, forms, and policy memos, to assist regulated parties in compliance with the Regulations. Section 7 creates a sunset date for sections 1, 2, and 5 to give the Department additional time to fully enact regulations. It is the intent that sections 1, 2, and 5 will sunset upon having a finalized version of Sediment and Stormwater Regulations. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO STORMWATER MANAGEMENT.
SB 220SignedHockerThis bill creates two new vehicle license plates promoting and supporting both saltwater and freshwater fishing in the State of Delaware. The proceeds associated with The Delaware Sport Fishing License Plate, has a mission of undertaking initiatives that will enhance the pleasure of both saltwater and freshwater recreational fishing throughout the State of Delaware.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES.
SB 229SignedLopezThis Act acknowledges that the Department of Natural Resources and Environmental Control has been collecting natural resource data for years without the consent of the respective property owners. From the date of this Act forward, the Department must obtain written consent prior to physically entering onto private property for the purpose of collecting Natural Resource Data.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE TO IMPOSE A REQUIRMENT THAT INFORMED CONSENT BE OBTAINED PRIOR TO THE COLLECTION OF NATURAL RESOURCE DATA ON PRIVATE PROPERTY.
HB 470SignedJ. JohnsonThis Act would permit the Superior Court to conduct an evidentiary hearing, upon motion from the Department of Services for Children, Youth & Their Families, before placing a child 16 years of age or older, in a secure detention facility pending trial. The purpose of the hearing is for the Court to determine whether the child should be placed in a facility not operated by the Department because either the Department’s facilities are at or beyond capacity or the child is deemed to be a risk to self or to other children held in secure detention facilities operated by the Department. If the Court orders the child transferred solely because the Department’s facilities are at or beyond capacity, the Court shall require the Department to transfer the child as soon as the capacity level is below capacity and to provide at least weekly updates on the capacity to the Court and no child may be held in a facility for adults for longer than 60 days. A child may also be transferred if the Court finds clear and convincing evidence that the child is a danger to self or other youth and the child’s needs would be better served at a facility not operated by the Department. This bill contains a sunset provision that is 2 years from the effective date.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

New Legislation Introduced

No Introduced Legislation

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

No House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records