LIS.Webmaster@state.de.us http://www.legis.delaware.gov/lis/lis145.nsf/leghall.gif http://www.legis.delaware.gov en-us Legislation Signed by the Governor of the State of Delaware http://www.legis.delaware.gov Mon, 4 Oct 2010 1:24:00 -0400 Mon, 04 Oct 2010 23:29:39 -0400Delaware - Signed Legislation
This Bill will create the Inspire Scholarship Program. Inspire scholarships are available to Delaware students with excellent credentials and economic need to attend Delaware State University. The intent of this program is to increase the number of students in Delaware who attend college and complete degree programs. The amounts available to these grant recipients are subject to available funds and are capped at the grant amount available to SEED grant recipients. Inspire scholarship recipie ...more

(Additional Sponsors: Rep. Carson, and Rep. Bennett, and Sen. Bushweller, and Sen. Ennis)
(Co-Sponsors: Reps.: George: J. Johnson: Jaques: Plant: Schooley: D.P. Williams: Barbieri: Gilligan: Mitchell: Oberle: Thornburg: Blakey: Q. Johnson: Kowalko: Keeley: Manolakos: Ramone: and: Sens.: Sokola: Henry: Hall-Long: Bunting: Peterson: Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/65C80492339F828E85257713007568E7Sat, 11 Sep 2010 11:48:17 -0400Delaware - Signed Legislation
This bill establishes March 30 as Vietnam Veterans Day in Delaware to honor those members of the United States Armed Forces who served in Vietnam. 

(Additional Sponsors: Rep. Wilson, and Rep. Jaques, and Sen. Booth, and Sen. Connor, and Sen. Bunting)
(Co-Sponsors: Reps.: Cathcart: Briggs King: Hocker: Hudson: Lavelle: Oberle: Bennett: Carson: George: Kowalko: Longhurst: Q. Johnson: Schwartzkopf: Scott: B. Short: Walls: and: Sens.: Bushweller: Cloutier: Cook: Peterson: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E92AEC08B55BF9A185257736006A84A0Fri, 10 Sep 2010 11:47:50 -0400Delaware - Signed Legislation
This bill creates certain rights for children who are deaf or hard of hearing in the Delaware School System. 

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Barbieri: George: Jaques: Kovach: Kowalko: Ramone: Gilligan: Hocker: J. Johnson: Keeley: Mitchell: D.E. Williams: Walls: and: Sens.: Cloutier: Connor: Hall-Long: Sorenson: Ennis: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4FBE3F11445B658C852576D200651DAFWed, 08 Sep 2010 11:48:03 -0400Delaware - Signed Legislation
Current Delaware law allows individuals 18 and older, and those who will turn 18 before the next general election, to register to vote through the Division of Motor Vehicles. This act would allow 16 year olds to register to vote through the Division of Motor Vehicle at the time they first apply for their driver’s license. Such individuals, however, will not be allowed to vote unless they will turn 18 before the next general election. 

(Additional Sponsors: Sen. McDowell)
(Co-Sponsors: Reps.: Barbieri: Carson: George: J. Johnson: Q. Johnson: Keeley: Kowalko: Mitchell: Plant: Schooley: Schwartzkopf: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: and: Sen.: Blevins: Hall-Long: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/045DE83CED7FFA118525770D006FA7C3Tue, 31 Aug 2010 11:48:03 -0400Delaware - Signed Legislation
This Act amends the provisions of the Delaware Code relating to the criteria that the General Assembly must apply in determining the reapportionment and redistricting for the State. The Act provides that the General Assembly may not count as part of the population in a given district boundary any incarcerated individual who was not a resident of the State prior to the individual’s incarceration. In addition, the Act requires that an individual who was a resident of the State of Delaware prio ...more

(Additional Sponsors: Rep. J. Johnson, and Rep. D.P. Williams, and Sen. Henry)
(Co-Sponsors: Reps.: Barbieri: Briggs King: Brady: Cathcart: Hocker: Hudson: Kovach: Mitchell: Oberle: Outten: Schwartzkopf: Wilson: and: Sens.: Marshall: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1BCAFFC7A27186268525770C00711A16Mon, 30 Aug 2010 11:48:09 -0400Delaware - Signed Legislation
This Act is intended to prohibit the practice of “post-claims underwriting” by health insurers, as defined in Title 18 of the Delaware Code. Underwriting is the practice of determining, based upon information provided by an applicant for an insurance policy about the applicant’s health and background, whether the insurance company should offer the applicant a policy and, if so, what should be the terms and the cost of the policy. Health insurance underwriting normally is completed prior to the ...more

(Additional Sponsors: and Sen. Blevins)
(Co-Sponsors: Reps.: Briggs King: Cathcart: Hocker: Jaques: Q. Johnson: Keeley: Kovach: Mitchell: Outten: B. Short: NewLine: D. Short: and: Sens.: Bushweller: Ennis: Hall-Long: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2F0550E5A1EF0C098525771900604DB8Mon, 30 Aug 2010 15:36:22 -0400Delaware - Signed Legislation
This Act establishes a regulatory system for medical discount plans, i.e. plans sold to individuals which offer them a discount on medical services with certain health care providers. The emergence of medical discount plans in Delaware has created confusion, as they are often mistaken for health insurance, and this legislation seeks to ensure that medical discount plans are not misrepresented as insurance. This legislation also provides a specific set of rules that entities selling medical disco ...more

(Additional Sponsors: Rep. Brady)
(Co-Sponsors: Sen.: Blevins: and: Rep.: B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8EE85A17D6255EEE8525773C0068ADEEThu, 26 Aug 2010 11:48:13 -0400Delaware - Signed Legislation
This Act creates a “Blue Alert” program for the speedy apprehension of persons suspected of killing or seriously injuring law enforcement officers. This program is modeled after the “Blue Alert” programs adopted in other states, and after the “Gold Alert Program,” which is used to identify certain missing persons in Delaware 

(Additional Sponsors: Rep. Mitchell, and Sen. Ennis)
(Co-Sponsors: Reps.: Bennett: Briggs King: Carson: Cathcart: George: Hocker: Hudson: Jaques: Q. Johnson: Keeley: Kovach: Lee: Oberle: Outten: Ramone: Schwartzkopf: D. Short: Walls: Wilson: and: Sens.: Bonini: Booth: Bushweller: Hall-Long: Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/31E1E40297DE1AF28525773500684185Wed, 25 Aug 2010 11:47:59 -0400Delaware - Signed Legislation
This Act implements recommendations of the Legislative Subcommittee of the School Discipline Task Force created by House Resolution No. 22 of the 145th General Assembly. Under current Delaware law, school officials have a mandatory obligation to report to the police and, in certain instances, initiate criminal prosecution of specific misdemeanor offenses (Assault in the 3rd Degree, Unlawful Sexual Contact in the 3rd Degree, Offensive Touching and Terroristic Threatening) committed by students o ...more

(Additional Sponsors: Rep. Scott, and Sen. Sokola, Reps. Brady, J. Johnson, Keeley, Kowalko, Viola, Sens. Ennis, Marshall, Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8402E7817F102489852576B3004B1D54Thu, 19 Aug 2010 11:48:13 -0400Delaware - Signed Legislation
This bill does two things. It keeps in place the existing Durable Powers of Attorney statute which is relied upon for commercial transactions, changing only the out-dated reference of “attorney-in-fact” to “agent”and eliminating a provision now covered in the new Chapter 49A, Durable Personal Powers of Attorneyand and making clear that 49 is independent of 49A. The bill also adds a new Chapter 49A to Title 12 which provides significant improvements in the creation of a personal power of attorney b ...more

(Additional Sponsors: Rep. Longhurst, and Sen. Henry)
(Co-Sponsors: Rep.: Keeley: and: Sens.: Katz: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/64D8E05E30CDAFE88525773B00544C91Wed, 18 Aug 2010 11:48:13 -0400Delaware - Signed Legislation
This Act updates the provisions of the Delaware Insurance Code governing the conversion of a mutual insurer to a stock insurer. It is intended that new Chapter [49A] will facilitate the recapitalization of the insurance industry nationally by establishing a proven method of capital formation for insurance companies that elect to domicile in Delaware. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Q. Johnson: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/889CA32C2AB65AFC8525772200541DABTue, 17 Aug 2010 11:49:06 -0400Delaware - Signed Legislation
This Bill makes it a Class F Felony to strike an emergency responder while violating the “move over” law applicable to emergency vehicles. 

(Additional Sponsors: Sen. Ennis, and Rep. Mitchell, and Rep. Carson, and Rep. Bennett, and Rep. Jaques, Sens. Hall-Long, and Bunting, Reps. Keeley, M. Marshall, Q. Johnson, Hudson, Schooley, Scott, Walls, and D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5E14F766637BA3EB852576B2004F9895Thu, 12 Aug 2010 11:49:15 -0400Delaware - Signed Legislation
This Bill amends the careless or inattentive driving law by enhancing the penalty for a careless or inattentive driver who contributes to the serious physical injury of a vulnerable user in a public right of way. The Bill defines vulnerable uses in public right of ways. 

(Additional Sponsors: Rep. Barbieri)
(Co-Sponsors: Sen.: Bunting: and: Reps.: Bennett: Carson: Hudson: Jaques: Miro: Schooley: D. Short: Walls: and: Brady)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EBF7784732A9635485257706005D45F5Fri, 30 Jul 2010 15:36:06 -0400Delaware - Signed Legislation
This Act identifies circumstances where it sometimes is appropriate to reconsider previous establishments of paternity beyond the ordinary statutes of limitation. These include where a child has extraordinary medical needs, where a wife fails to disclose that a child born during the marriage is not her husband’s, where all parties agree, and where the best interest of the child otherwise demands. The Act also requires paternity adjudicated without genetic testing to be supported by an affidavi ...more

(Additional Sponsors: Rep. Schooley, Sens. Hall-Long, Bonini, and McDowell, Reps. Bennett, Carson, Keeley, and Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DECD754832D3534D852576B8006DC2AEFri, 30 Jul 2010 11:49:12 -0400Delaware - Signed Legislation
This Bill creates a Delaware Board of Examiners of Bail Enforcement Agents empowered to enforce standards upon bail enforcement agents. This 9 member board will supplant the primary responsibility of the Secretary of the Department of Safety and Homeland Security regarding licensure and disciplinary regulatory authority. Regulations proposed by the Board would still be subject to the approval of the Secretary. The Bill also requires that licensees operating a bail enforcement company obtain i ...more

(Additional Sponsors: Rep. Mitchell)
(Co-Sponsors: Reps.: Jaques: and: Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/12C7E3928EF9EB60852576E400608C1AFri, 30 Jul 2010 15:36:03 -0400Delaware - Signed Legislation
The Bill will authorize and require the Delaware Board of Medical Practice, the agency that oversees physician licensure, to require doctors applying for licensure or relicensure to present service letters from health care facilities through which they have had direct access to patients, or admitting or staff privileges, attesting to their good character. The letters would contain information, if it exists, about any reasonably substantiated incidents involving violence, threats of violence, ab ...more

(Additional Sponsors: Sen. Simpson, Rep. Keeley, and Rep. Briggs King)
(Co-Sponsors: Sens.: Booth: Bushweller: Ennis: Bunting: and: Peterson: Henry: NewLine: Reps.: Hocker: Hudson: Q. Johnson: and: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/370D6605C8D9788C852576A9006C3B03Fri, 30 Jul 2010 11:49:13 -0400Delaware - Signed Legislation
This Act reincorporates the Charter of the Town of Magnolia. The following are substantive changes thereto: Provisions Removed from Charter The authority to have an Alderman. Annexation authority and procedures. The requirement that council candidates own real property in town (or be married to someone who does), and the requirement that council candidates and voters not have any delinquent taxes. (It’s believed these provisions are unconstitutional.) The authority for the Town to operate a ...more

(Additional Sponsors: Rep. Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A686E56C69CE90B0852576F60052E288Fri, 30 Jul 2010 11:49:14 -0400Delaware - Signed Legislation
This Bill adds a requirement that a teacher show 2 years of satisfactory student growth within a 3 year period before the teacher may receive the highest level of notice and hearing protections. 

(Additional Sponsors: Reps. Schooley, and Miro)
(Co-Sponsors: Sens.: Bunting: and: Sorenson: NewLine: Reps.: Jaques: and: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A99E1733032E81A98525771400539041Fri, 30 Jul 2010 11:48:19 -0400Delaware - Signed Legislation
This Bill incorporates all of the changes recommended by the Joint Sunset Committee following its review of the Board of Dental Examiners. The Bill: 1) Gives the Board the power to subpoena records of hospitals as the Committee has done for the Board of Medical Practiceand 2) Requires an applicant to affirm at the time of application that he/she is physically and mentally capable to engage in the practice of dentistry, and to submit to such examinations as deemed necessary to determine the appl ...more

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Kovach: Lee: and: Sens.: Bonini: Booth: Bushweller: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/63DD75ABA7D1D8D38525773D0073458FFri, 30 Jul 2010 15:58:20 -0400Delaware - Signed Legislation
This Substitute bill prevents unreasonable deductibles, copayments, or coinsurance charges for chiropractic care. Some managed care providers have arbitrarily classified chiropractors as “specialists” in order to charge copayments and deductibles that are in excess of those charged for primary care medical doctors. This Act establishes that the maximum amount of any deductible, copayment, or coinsurance charge for chiropractic care shall be the lesser of either: (i) the deductible or copaymen ...more

(Additional Sponsors: Rep. Cathcart, and Sen. Hall-Long, and Sen. Ennis)
(Co-Sponsors: Reps.: Carson: George: Keeley: Lee: Miro: B. Short: and: Sens.: Blevins: Connor: Peterson: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5F12185E33BBADAB852577430066B499Fri, 30 Jul 2010 15:36:25 -0400Delaware - Signed Legislation
Currently, including during the recent snowstorms, when the Governor restricts vehicles from the State’s roadways due to unsafe conditions, a criminal sanction is the only available penalty for drivers who are caught by law enforcement on the roads. This legislation would create a three-tiered driving restriction system for future storms or other emergencies: A Level 1 Driving Warning with no penalties, a Level 2 Driving Restriction with motor vehicle violations and a Level 3 Driving Ban for th ...more

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Rep.: Atkins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/93C921ABF0BFFF598525774300578BB4Thu, 29 Jul 2010 11:48:19 -0400Delaware - Signed Legislation
This bill exempts National Guard members and reservists who are called to active duty outside of the State from payment of late fees for renewal of State-issued licenses, including hunting and driver’s licenses, as long as the appropriate credentials are presented, and the license renewal fee is paid, within ninety days of the service member’s return to the State or termination of service. 

(Additional Sponsors: Sen. Connor, and Sen. Ennis)
(Co-Sponsors: Reps.: Bennett: Carey: Hocker: Jaques: J. Johnson: Keeley: Kovach: Outten: Scott: Thornburg: Walls: Wilson: and: NewLine: Sens.: Bushweller: Cloutier: Hall-Long: Marshall: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C9B446321B6E4F0D8525773E0073DC42Wed, 28 Jul 2010 11:49:15 -0400Delaware - Signed Legislation
This Act will strengthen Delaware’s Green Energy Fund by providing greater discretion to the Secretary of the Department of Natural Resources and Environmental Control in order to effectively allocate such funds for the purpose of stimulating the deployment of energy efficiency and renewable energy technologies. 

(Additional Sponsors: Rep. Brady)
(Co-Sponsors: Sens.: Katz: McBride: Henry: Hall-Long: and: Reps.: Keeley: D.E. Williams: Longhurst: Mulrooney: Kovach: and: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4F0FD291A378EFF385257713005E5AD7Wed, 28 Jul 2010 15:36:11 -0400Delaware - Signed Legislation
This bill will further strengthen net energy metering provisions by providing customers the opportunity to aggregate individual meters for the purpose of allocating net metering credits to electricity accounts other than the account that hosts an energy generating facility. The bill also provides community choice aggregation provisions for community-owned energy generating facilities that are established by a group of customers. Recognizing that not all customers own properties that are favora ...more

(Additional Sponsors: Simpson, and Rep. D.E. Williams, and Rep. Mulrooney)
(Co-Sponsors: Sens.: Katz: Henry: and: Reps.: Brady: Keeley: Gilligan: B. Short: Kovach: Oberle: Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/52862341C4591AD4852576F800731BAAWed, 28 Jul 2010 11:48:10 -0400Delaware - Signed Legislation
This bill repeals the current Town of Wyoming Charter and adopts a new Town of Wyoming Charter. This bill carries over without significant changes many sections and subsections of the former charter to the new charter and such sections are not mentioned in the synopsis. SECTION 3. STRUCTURE OF GOVERNMENTand QUALIFICATIONS FOR TOWN COUNCILand COMPENSATION. Crimes that disqualify an individual for running for Mayor or Council in section 3.2 are expanded to include any felony, crime of moral turpitude ...more

(Additional Sponsors: Sen. Bushweller)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B7433C41ED5DE8108525771B006A31A0Wed, 28 Jul 2010 11:49:22 -0400Delaware - Signed Legislation
This Bill would restrict the use of covenants, restrictions, and conditions in deeds, contracts and other legal instruments, which prohibit or unreasonably restrict the installation and use of ground mounted solar energy systems on land zoned residential, where the lots are one-half acre or greater in size. 

(Co-Sponsors: Sens.: Ennis: McDowell: Sokola: and: Bushweller: NewLine: Rep.: D.E. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D996197618F91DD885257735006D7984Wed, 28 Jul 2010 15:36:13 -0400Delaware - Signed Legislation
This act will further strengthen Delaware’s Renewable Energy Portfolio Standards by increasing and extending the required minimum percentage of renewable energy supply. The amendments included in this act will provide stability for the development of renewable energy markets in the State of Delaware. The act will also incentivize renewable energy projects that employ Delaware labor and locally manufactured products. The act also provides consumer protections by limiting any rate impacts. Fin ...more

(Additional Sponsors: Rep. D.E. Williams, and Kowalko)
(Co-Sponsors: Sens.: Bushweller: Cloutier: Hall-Long: Katz: Marshall: McBride: and: Sorenson: and: Reps.: Brady: Schooley: Mulrooney: Longhurst: and: Oberle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A189CC0072F401998525771300660055Tue, 27 Jul 2010 15:36:15 -0400Delaware - Signed Legislation
Federal laws require polling places used in federal elections to be accessible. Likewise, the State Election Code imposes a duty on county departments of election to designate only “readily accessible polling places”. This bill would facilitate compliance by prompting departments of election to solicit a site survey by the Architectural Accessibility Board if there are questions raised about the accessibility of a proposed or existing polling place. The Board would be authorize ...more

(Additional Sponsors: Sen. Cloutier, and Sen. Connor, and Rep. Longhurst)
(Co-Sponsors: Sens.: McDowell: Ennis: Hall-Long: Sokola: and: Reps.: D.E. Williams: Q. Johnson: Cathcart: Barbieri: George: Kowalko: Manolakos: Oberle: Schooley: Viola: and: D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1CAC458770E1CF468525771B00569CAFTue, 27 Jul 2010 11:48:01 -0400Delaware - Signed Legislation
Delaware law currently does not allow the parties in commercial loan situations to agree to require insurance policies be given to lenders as evidence of insurance on the collateral, thus inhibiting the freedom of contract. The purpose of this change is to allow parties to have such an arrangement be an enforceable contract. This change does not affect residential owners, who were the intended beneficiaries of the law. 

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: Carson: Kovach: Mitchell: D.E. Williams: and: Sen.: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6C3E343EE88450BB852576F00078F0C5Tue, 27 Jul 2010 11:48:05 -0400Delaware - Signed Legislation
This act amends the municipal charter of the Town of Bethany Beach regarding the procedure governing the referendum power (to provide a specific format for any referendum petition) and to clarify that non-resident natural persons holding title to real estate in the Town as trustee shall be allowed to vote in town elections. This act is a recognition of the fact that, in ~second home~ resort communities, many property owners place title to their resort real estate in trust for estate planning p ...more

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F5E924562E2F2B7985257719005E0589Tue, 27 Jul 2010 11:48:02 -0400Delaware - Signed Legislation
This bill strikes 1500(8) of Title 26 of the Delaware Code which has the unintended consequence of mandating a decoupled design mechanism. 

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Reps.: Barbieri: Bennett: Brady: Gilligan: Jaques: J. Johnson: Q. Johnson: Keeley: Lavelle: Manolakos: Mitchell: Mulrooney: Oberle: Plant: Ramone: Schooley: Scott: B. Short: Viola: D.E. Williams: D.P. Williams: and: Sen.: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A35A3917233FEA7B8525770B0056A9F9Tue, 27 Jul 2010 11:48:13 -0400Delaware - Signed Legislation
This bill merely makes a technical change by indicating that Sussex County Planning and Zoning Commission appointments are based on county council districts rather than representative districts. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Atkins: Briggs King: Carey: Hocker: Lee: D. Short: Walls: Wilson: and: Sens.: Booth: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/44F9ABBF9F75F53C852577350069262DTue, 27 Jul 2010 11:48:10 -0400Delaware - Signed Legislation
This bill tracks similar legislation relating to alternative dispute resolution procedures in the Court of Chancery that were previously enacted. This bill is intended to preserve and further Delaware’s pre-eminence in offering cost-effective options for resolving business disputes, particularly those involving commercial matters, by means of arbitration and mediation. This bill advances that goal by several means: First, the bill authorizes parties voluntarily to agree to have a member of the ...more

(Additional Sponsors: Sen. Blevins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DDB729A6ED199A9785257735005227F6Tue, 27 Jul 2010 11:48:13 -0400Delaware - Signed Legislation
This Act grants constable powers to certain juvenile probation and parole officers working for the Division of Youth Rehabilitative Services as designated by the Secretary of  the Department of Services for Children, Youth, and Their Families, including the authority to conduct searches, seizures, and arrest of juveniles on after-care status with the Division. Such authority will be granted if the officer has met minimum requirements of training and education deemed necessary by the Department ...more

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Rep.: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/77602E2955BA871185257736006E9FADTue, 27 Jul 2010 11:48:05 -0400Delaware - Signed Legislation
This bill authorizes the Department of Natural Resources and Environmental Control to extend the muskrat open season pursuant to regulations. By regulation the Department will be able to consider severe winter weather conditions and the status of the muskrat population being able to sustain additional harvesting before making a decision to extend the season. 

(Additional Sponsors: Sen. Cook)
(Co-Sponsors: Reps.: Carey: Hocker: Hudson: J. Johnson: Thornburg: Mitchell: Walls: and: Sens.: Bunting: Simpson: Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C011301AE4A5B7AA85257719006F561ETue, 27 Jul 2010 11:48:09 -0400Delaware - Signed Legislation
This bill provides that a person holding a combative sports entertainment event must provide for adequate security and emergency equipment and personnel to be present at the event. Additionally, if the services of any fire company, police agency, paramedic and/or emergency medical services provider is used for any participant of such event then the promoter of such event shall be responsible for the costs of the services provided. The bill also provides that no person may advertise a ...more

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Bennett: Carson: Mitchell: Scott: Walls: and: Sens.: Bunting: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/97FCC7E830EDC4E78525772F004C3359Tue, 27 Jul 2010 11:48:11 -0400Delaware - Signed Legislation
This bill allows an active duty member of the U.S. armed services to be deemed a resident of the State for the purpose of obtaining a Delaware hunting, trapping, or fishing license. 

(Additional Sponsors: Sen. Bonini)
(Co-Sponsors: Reps.: Cathcart: D. Short: Blakey: Carey: Hocker: Hudson: Lavelle: Oberle: Outten: Ramone: Thornburg: Wilson: Atkins: Viola: Walls: and: Sens.: Bushweller: Simpson: Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AD025D6B932F592E8525771A006BD620Tue, 27 Jul 2010 11:48:13 -0400Delaware - Signed Legislation
This bill clarifies that Family Court may extend an ex parte order up to 30 days, for purposes other than effectuating service, where necessary to continue protection. 

(Additional Sponsors: Rep. Barbieri, and Sen. Blevins, and Sen. Sorenson)
(Co-Sponsors: Reps.: George: J. Johnson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F8D987349A0D41AB8525773700544CB3Tue, 27 Jul 2010 11:48:16 -0400Delaware - Signed Legislation
This Bill incorporates the recommendations of the Joint Sunset Committee and amends Chapters 64, 66, 66B, and 71A of Title 16 by updating obsolete language and procedures, revising procedures to make them more effective and efficient, removing conflicting provisions. This Bill also clearly defines the specific powers and duties of the State Fire Prevention Commission, the Office of the State Fire Marshall and State Fire School. Additionally, this Bill adds conflict of interest language consiste ...more

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Lee: and: NewLine: Sens.: Bonini: Bushweller: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DCA3B455D371368E8525773D0073D645Tue, 27 Jul 2010 11:49:31 -0400Delaware - Signed Legislation
This Senate Joint Resolution explains the concept of the “Healthcare Innovation Zone,” stresses its potential for increasing the effectiveness of healthcare services while reducing costs, and directs the Department of Health and Social Services, acting in conjunction with other state and private agencies and organizations, to take steps to prepare an application for the entire State of Delaware to be designated as a Healthcare Innovation Zone. The Resolution also urges the Governor ...more

(Additional Sponsors: Rep. Barbieri)
(Co-Sponsors: Sens.: Blevins: Hall-Long: and: Simpson: NewLine: Reps.: Schooley: Blakey: and: Briggs King)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7210375DBC4BF3998525772F005EF8AETue, 27 Jul 2010 11:48:20 -0400Delaware - Signed Legislation
This Act clarifies that the $100 fee assessed by the Division of Public Health for plumbing permits applies solely to new construction. 

(Additional Sponsors: Sen. Cook)
(Co-Sponsors: Rep.: Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B38D64FE8E7B0D3B8525774A007B553ATue, 27 Jul 2010 11:49:23 -0400Delaware - Signed Legislation
Sections 1 and 2 of this Bill clarify the definition of acupuncture. Section 2 of this Bill allows acupuncture detoxification specialists to be licensed to perform the limited auricular point protocol for treatment of alcoholism, nicotine dependency, substance abuse, or chemical dependency. Acupuncture detoxification specialists are subject to the jurisdiction of the Board of Medical Practice and the Acupuncture Advisory Council. 

(Additional Sponsors: Rep. D. Short)
(Co-Sponsors: Reps.: Keeley: and: Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0CE1F00D57EA3F618525773C004C2846Tue, 27 Jul 2010 15:36:25 -0400Delaware - Signed Legislation
This Bill is a companion bill to Senate Bill 306 which creates a 3-tiered driving restriction system for future storms or other emergencies. A person who violates a Level 2 Driving Restriction or Level 3 Driving Ban pursuant to 3116(b)(12), Title 20 of the Delaware Code shall be guilty of Operation of a Motor Vehicle During an Emergency and will be fined no less than $25.00 nor more than $115.00. A person convicted of a subsequent offense shall be fined no less than $50.00 nor more and $200.0 ...more

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Rep.: Atkins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/ABB1EBF05168B6A98525774300572DCDTue, 27 Jul 2010 15:36:25 -0400Delaware - Signed Legislation
This Bill prohibits individuals or private entities from charging Private Transfer Fees on real property. This bill does not change the ability of the State of Delaware or its political subdivisions from levying transfer taxes as authorized by statute. This bill is patterned after similar legislation adopted in nine states. 

(Additional Sponsors: Sen. Sokola, and Rep. Brady, and Rep. Bennett)
(Co-Sponsors: Sen.: Venables: NewLine: Reps.: Hocker: Scott: Hudson: Ramone: Kovach: and: Briggs King)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D384C94E5AADC85C8525774300718DDASat, 24 Jul 2010 11:48:13 -0400Delaware - Signed Legislation
This Bill would permit the sale of beer made on the premises to consumers for consumption on the premises similar to that currently permitted under Delaware law for Farm Wineries. This will encourage tourism at the Microbreweries licensed in this State. Delaware law has permitted an individual to have an interest in up to two (2) Brewery-Pubs and a Microbrewery, but a strict reading of 546 would mean that the individual could only sell for consumption off of the premises at two of the three li ...more

(Additional Sponsors: Rep. Briggs King, and Sen. DeLuca)
(Co-Sponsors: Reps.: Bennett: Carson: Hudson: Lavelle: Longhurst: Mitchell: Q. Johnson: Scott: B. Short: and: Sens.: Bunting: Sorenson: Venables: Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/381DDD41BAC89A6185257728006344E7Fri, 23 Jul 2010 11:47:47 -0400Delaware - Signed Legislation
Delaware law is unclear whether, for purposes of this Section, the 10 year requirement applies to the original term of the lease as of the date it was entered into or the remaining balance of the term at the time of the mortgage transaction. The generally-accepted view in Delaware is that the original length of the term governs and not what remains of the term at the time of the mortgage. The purpose of this amendment is to allow for certainty regarding leasehold mortgage transactions in accor ...more


]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C63E5FD8A4BC9166852575D7007402A5Fri, 23 Jul 2010 11:48:05 -0400Delaware - Signed Legislation
This Act aligns Delaware law with the federal requirements of the reauthorized Individuals With Disabilities Education Act relating to the content of prior written notice, the requirements for the appointment of educational surrogates, and the applicable timelines for an administrative due process hearing. In December 2004, Congress amended and reauthorized the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq. This Act also changes the terminology of “handicapped person” ...more

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Barbieri: Carson: Jaques: Q. Johnson: Lavelle: Longhurst: Manolakos: Mitchell: Hudson: Miro: Ramone: Schwartzkopf: Scott: and: Sens.: Ennis: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0FCFBF0D3BC34849852577120048607CFri, 23 Jul 2010 11:48:00 -0400Delaware - Signed Legislation
This act makes it clear that a candidate for State office has a duty to file the financial disclosure reports which are required to be filed pursuant to Chapter 58 of Title 29. 

(Additional Sponsors: and Rep. Hudson, and Sen. Simpson)
(Co-Sponsors: Reps.: Hocker: Lavelle: Manolakos: Miro: Carson: and: Sen.: Bonini)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/FAD766C011CBC174852576E8006A991CFri, 23 Jul 2010 15:36:18 -0400Delaware - Signed Legislation
This bill establishes health, adoption, and record keeping requirements for animal shelters operating in Delaware and updates the euthanasia provisions applying to shelters. Author: Senator Blevins 

(Additional Sponsors: Sens. Bonini, Booth, Cloutier, McDowell, Sokola, Venables, Rep. George)
(Co-Sponsors: Sens.: Bushweller: Ennis: Henry: Peterson: Simpson: Sorenson: and: Reps.: Gilligan: Hudson: Jaques: Keeley: Mitchell: Oberle: Schooley: B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4289E7B2E1BFC41385257730004CBDF8Fri, 23 Jul 2010 15:36:15 -0400Delaware - Signed Legislation
This Act improves the administration of the Delaware Abandoned and Unclaimed Property Statute by providing holders with additional clarity and certainty regarding the enforcement of the Delaware abandoned property statute. Section 1 of the Act provides for an administrative review process at the conclusion of an unclaimed property examination. This review process may be invoked at the option of the holder. It will allow the holder to file a written protest, submit additional informa ...more

(Additional Sponsors: Rep. Gilligan)
(Co-Sponsors: Sens.: Blevins: Henry: Venables: Cook: Simpson: and: Sorenson: NewLine: Reps.: Schwartzkopf: Longhurst: Keeley: and: D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5EB0CBCE6055BABF852577200056D5D5Fri, 23 Jul 2010 11:48:09 -0400Delaware - Signed Legislation
SYNOPSIS This act transfers certain responsibilities and authority to the counties for the administration and enforcement of laws, ordinances, and regulations relating to dogs and dog control that were formerly vested in the Department of Natural Resources and Environmental Control. The Act creates a mechanism for fines arising from dog law violations to be mailed to the Voluntary Assessment Center and directs that fines for dog- related offenses committed in a particular county be re ...more

(Additional Sponsors: Sen. Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/68E21204E72003C185257711004CE255Fri, 23 Jul 2010 15:36:15 -0400Delaware - Signed Legislation
This Bill makes three regulatory changes to the Delaware Board of Nursing. The Bill allows for representation on the Board by a nurse educator, eliminates the need of a quorum to issue a written decision previously determined by a quorum of the Board, and creates a waiver provision for the licensure by endorsement of licensed practical nurses. 

(Additional Sponsors: Sen. Katz, and Rep. Barbieri)
(Co-Sponsors: Sens.: Venables: Bunting: Cook: Ennis: and: Henry: NewLine: Reps.: Walls: D. Short: Mitchell: Jaques: and: Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7A2C3F3D3EC60B998525771B006C75E5Fri, 23 Jul 2010 11:48:07 -0400Delaware - Signed Legislation
This Act clarifies that the Department of Natural Resources and Environmental Control (DNREC) and government agencies may use hunting, fishing, and trapping license information (except social security information) for research purposes involving hunting and trapping surveys conducted by Department scientists. The Act also establishes that the “safety zone” for hunting deer by bow during established archery seasons shall be 50 yards and prohibits the administering of fertility control agents and ...more

(Additional Sponsors: Rep. Carson, Sen. Ennis, and Sen. Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7CE03D5A47E1EC9F852577210053AEDFFri, 23 Jul 2010 11:48:07 -0400Delaware - Signed Legislation
Under Delaware law, upon the filing of a petition for divorce or annulment, an automatic preliminary injunction is issued prohibiting both parties from transferring, encumbering or disposing of any property, except in the ordinary course of business or for the necessities of life. This Act would permit a party to a divorce or annulment, while the preliminary injunction is in effect, to take action designed to affect the disposition of property in the event of their death, by providing the other ...more

(Additional Sponsors: Sen. Henry, and Sen. Cook)
(Co-Sponsors: Reps.: Bennett: J. Johnson: Kovach: Lee: Mitchell: Plant: D.P. Williams: Wilson: and: Sens.: McDowell: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E7A054CBD49BE72785257720007AE641Fri, 23 Jul 2010 15:36:17 -0400Delaware - Signed Legislation
This Bill modifies the provisions for failing to have proof of automobile insurance in possession. It clarifies the process by which the charge may be dismissed if proof of insurance is subsequently shown and provides that certain other accompanying charges can be adjudicated without personal appearance

(Additional Sponsors: Rep. D.P. Williams)
(Co-Sponsors: Sens.: Ennis: and: Sorenson: NewLine: Reps.: Mitchell: and: Lee)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/83BC0C0AA8ACAC2B85257722006C97B7Fri, 23 Jul 2010 11:48:09 -0400Delaware - Signed Legislation
House Bill 245, enacted into law on February 1, 2010, changed the number of registered voters required for a political party to be listed on the general election ballot from 5/100 of 1 percent of the total number of voters registered in Delaware to 10/100 of 1 percent. To ensure fairness to all political parties, as House Bill 245 was enacted during the year of a general election, this bill returns the previous requirement of 5/100 of 1 percent of the total number of registered voters ...more

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/94427A278E6C6341852577300044F14CFri, 23 Jul 2010 11:48:08 -0400Delaware - Signed Legislation
This Act codifies an agreement between the Department of Technology and Information and the Division of Communications of the Department of Safety and Homeland Security (DSHS) to transfer to DSHS the authority to enter into leases and license space for communication facilities on telecommunication towers and other facilities constructed for the 800 MHz Trunked Radio System. 

(Additional Sponsors: Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D2B0B6174269EC7B85257722006EF75EFri, 23 Jul 2010 15:36:22 -0400Delaware - Signed Legislation
This Act aligns Sussex County’s fiscal tax year with the County’s budget year of July 1 to June 30. Additionally, the Act places Sussex County’s fiscal tax deadline date closer to the tax billing date of the local school districts, on whose behalf Sussex county collects local property taxes. 

(Additional Sponsors: Rep. Schwartzkopf)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CE4CFAC6DCF7173E8525773C006D85D0Fri, 23 Jul 2010 11:48:18 -0400Delaware - Signed Legislation
This legislation implements DNREC’s reorganization by separating the current Division of Air and Waste Management into the Division of Waste Management and Division of Air Qualityand changes the name of the Division of Soil and Water Conservation to the Division of Watershed Stewardshipand changes the name of the Division of Water Resources to the Division of Water and authorizes the Secretary to create an Office of Environmental Protection to include the Divisions of Waste Management, Air Quality ...more

(Additional Sponsors: Rep. Mulrooney, and Sen. McBride)
(Co-Sponsors: Reps.: Barbieri: Jaques: Q. Johnson: Kovach: Kowalko: Longhurst: Mitchell: and: Sens.: Connor: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E4DD70DD1C8E71648525773C005E0D45Fri, 23 Jul 2010 11:48:19 -0400Delaware - Signed Legislation
This Act implements the recommendations of the Joint Sunset Committee that the Delaware Higher Education Commission be dissolved and its functions transferred to the Delaware Higher Education Office within the Department of Education. The bill also makes technical corrections and deletes Code provisions relating to the non-existent Engineering and Applied Science Recruitment Fund. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Kovach: Lee: Sens.: Bonini: Booth: Bushweller: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0F6D23E6E0E7740E8525773C00709E81Mon, 19 Jul 2010 11:49:06 -0400Delaware - Signed Legislation
This Act provides for a 10-year extension to the Historic Preservation Tax Credit Act which is scheduled to expire in June 2010. Seventy-five (75) historic buildings throughout the State have been rehabilitated and preserved for future generations as a result of this program. Since its inception in 2001, the State has awarded $34 million in tax credits that have leveraged more than $166 million in private-sector rehabilitation expenditures plus additional tens of millions in site acquisition ...more

(Additional Sponsors: Rep. Bennett, Sens. Blevins, Sokola, Ennis, McDowell, and Sorenson, Reps. Viola, Brady, Schooley, Kowalko, Carson, Oberle, Manolakos)
(Co-Sponsors: Sen.: Connor: Reps.: Blakey: Briggs King: Carey: Cathcart: Hocker: Lee: Miro: Outten: Ramone: Scott: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A610245FF5F6BD4D852576DA0073A2EBMon, 19 Jul 2010 11:48:18 -0400Delaware - Signed Legislation
This legislation clarifies that a pharmaceutical wholesaler located inside or outside of the state that ships pharmaceutical drugs to a pharmaceutical distribution wholesaler in this state is exempt from the gross receipts tax. 

(Additional Sponsors: Rep. Hudson, and Sen. Bonini)
(Co-Sponsors: Rep.: Gilligan)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4261267330072D318525773E006C62FAFri, 16 Jul 2010 15:48:03 -0400Delaware - Signed Legislation
This purpose of this Act is to provide greater protections for Delaware’s vulnerable adults, individuals the General Assembly considers to be particularly at risk of physical, emotional and/or financial exploitation. The Act creates a new criminal offense, Crime Against a Vulnerable Adult, which imposes enhanced penalties in more than 50 criminal offenses if the victim is a vulnerable adult. 

(Additional Sponsors: Sen. Hall-Long, Reps. Barbieri, Bennett, Carson, Hudson, J. Johnson, Q. Johnson, Keeley, Mitchell, Mulrooney, Plant, Schooley, Schwartzkopf, Sens. Henry, Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2E6E3C8781B60F2985257705006CAC36Fri, 16 Jul 2010 11:49:16 -0400Delaware - Signed Legislation
This Bill clarifies that signage indicating when a 20 mph school zone speed limit is in effect need not include a specified timeand it may involve a condition such as when children are present in the school zone or when flashing signals are activated as necessary for the safety of children going to or from school. This bill also defines the term “when children are present” for purposes of enforcement of school zone speed restrictions. 

(Additional Sponsors: Rep. Mitchell)
(Co-Sponsors: Sen.: Bunting: and: Reps.: D. Short: and: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B0B07DE7D20C62798525771800669D5FThu, 15 Jul 2010 11:47:17 -0400Delaware - Signed Legislation
This Bill adds various protections to the Mental Health Patients’ Bill of Rights Act, including safeguards in administration of restraint and requirement of an enhanced patient grievance system for DPC patients. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Booth: Carey: Carson: Hocker: Hudson: Jaques: J. Johnson: Q. Johnson: Kovach: Kowalko: Lee: Longhurst: Manolakos: Mitchell: Outten: Plant: Ramone: Schwartzkopf: D. Short: Walls: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E5D74A6C008EC1AE85257538005E90E0Thu, 15 Jul 2010 11:47:24 -0400Delaware - Signed Legislation
This bill implements recommendations of the Delaware Health Care Commission and its Small Business Health Insurance Committee to reform rating rules for small employer group health insurance. A comprehensive review of the current law revealed that it is complicated, difficult to understand, and does not achieve the goal of making premiums more predictable from year to year. The bill compresses rate variations between high risk and low risk groups, reduces rating factors from seven to three, li ...more

(Additional Sponsors: and Rep. B. Short, and Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Bennett: Carey: Hocker: Hudson: Q. Johnson: Lavelle: Kovach: Miro: Outten: Ramone: Walls: Wilson: and: Sens.: Bunting: Ennis: Venables: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E7572E8790093040852575780058D448Thu, 15 Jul 2010 15:36:10 -0400Delaware - Signed Legislation
This Bill is the Delaware Prescription Monitoring Program Act. It provides for the establishment of a program for the monitoring of prescribing and dispensing Schedule II, III, IV, or V controlled substances and other drugs of concern by the Office of Controlled Substances of the Division of Professional Regulation. It requires dispensers to submit certain information regarding the dispensing of controlled substances. That information is compiled into a database that can be accessed by physic ...more

(Additional Sponsors: Sen. Hall-Long, and Rep. Mitchell)
(Co-Sponsors: Sens.: Henry: Simpson: Sorenson: and: Reps.: George: Barbieri: Lee: Ramone: Carson: and: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/ADCEEE8588BBA00C852576F8006499F4Thu, 15 Jul 2010 11:49:12 -0400Delaware - Signed Legislation
This Act amends the Charter of the Board of Public Works of the City of Lewes and is intended to clarify the date for filing Notice of Intent to be a candidate to more closely parallel that of the City of Lewes, similar to other provisions in the Charter and to clarify and make more practical provisions for sale of a utility system of the Board of Public Works. 

(Additional Sponsors: Rep. Briggs King)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/127E2E62FBBEF470852577130053E857Thu, 15 Jul 2010 15:36:03 -0400Delaware - Signed Legislation
This Bill transfers the responsibility for the administration of the Office of Gasoline Sales from the Department of Transportation, Division of Motor Vehicles to the Weights and Measures Unit of the Department of Agriculture to better optimize resources and minimize the number of unnecessary compliance visits conducted by the State. Applicable sections of the code are being repealed to be transferred to Title 30, Chapter 51 for administration by the Division of Motor Vehicles and the promulgat ...more

(Additional Sponsors: Walls, Sens. Ennis, and Simpson, Reps. Outten, Atkins, Carey, Hocker, Carson, and Q. Johnson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/154BCF3D819FD316852576AB006E3FEEThu, 15 Jul 2010 15:36:12 -0400Delaware - Signed Legislation
This Bill requires the State Board of Plumbing, Heating, Air Conditioning and Refrigeration and local governments to adopt and enforce the International Mechanical Code and the International Fuel Gas Code. It permits local governments to either enforce the regulations adopted by the State Board or the minimum standards set forth in the IMC and the IFC. 

(Additional Sponsors: Rep. Mitchell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B83178ACD7A031C08525770D006F8DE7Thu, 15 Jul 2010 11:47:44 -0400Delaware - Signed Legislation
This bill is a total rewrite of the special election chapter. It provides that the officer issuing the writ do so within 10 days of the vacancy, that he/she sets the date of the special election not less than 30 nor more than 35 days following the issuance of the writ, establishes a nomination deadline of 25 days prior to the date of election, provides for unaffiliated candidates, establishes requirements for notices, and otherwise updates the chapter. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Sen.: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2D7557471F6505CD852575C500703102Thu, 15 Jul 2010 11:48:11 -0400Delaware - Signed Legislation
Delaware~s Confidentiality of Personal Health Information Statute prevents DHSS from engaging in activities, permitted under federal HIPAA, which would protect Delaware residents. This legislation carves out 4 narrow exceptions which would allow DHSS to release protected health information for law enforcement activities, pursuant to court order, for patient care and coordination, and for healthcare business operations. The federal HIPAA law applies in Delaware, and these exceptions allow entit ...more

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: George: Hudson: Jaques: Mitchell: Schooley: Scott: and: Sens.: Hall-Long: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3840B1BEA7C75AB08525773500537E06Thu, 15 Jul 2010 11:47:18 -0400Delaware - Signed Legislation
As the State mental health delivery system evolves from a primarily institutional to a community-based model, it is important to define minimum patient rights in community facilities. This Act establishes a community mental health treatment act with rights paralleling those of patients in the substance abuse treatment system compiled in Chapter 22 of Title 16 of the Delaware Code. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: J. Johnson: Plant: Booth: Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/49E1B4292E952878852575380061FA4CThu, 15 Jul 2010 15:36:15 -0400Delaware - Signed Legislation
After review by the Town Council, the Town’s staff, and based upon its historical experience with the current Charter, and after conducting public hearings, the Town Council proposed the reincorporation of the Town. The following articles and sections would be amended or modified by the new Charter as follows: 1. Article I, Section 1.102, relating to Corporate Limits provides: (a) All previously annexed properties have been added to the verbal description of the Town limitsand (b) Includes adja ...more

(Additional Sponsors: Rep. Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/596ACB5359E614608525771A006FA48BThu, 15 Jul 2010 11:49:08 -0400Delaware - Signed Legislation
This Bill updates the statute that allows the Division of Developmental Disabilities Services to authorize surgical procedures for persons receiving residential services from the Division. It expands the range of potentially available relatives to authorize elective surgery for persons receiving services from the Division of Developmental Disabilities Services. It expands the scope of the authorization to diagnostic procedures and corrects the statutory definition of who is covered by this law ...more

(Additional Sponsors: Rep. Barbieri, Sens. Blevins, Bushweller, and Sorenson, Reps. Schooley, Bennett, and Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/602048EB113C55EF852576DA006BB0E4Thu, 15 Jul 2010 11:48:05 -0400Delaware - Signed Legislation
This bill requires a landlord to make a community center available to a tenant’s association or, if none, a group of tenants to use to hold meetings addressing matters affecting or relating to the tenants’ rights, obligations, and/or privileges in and/or relating to the manufactured home community. Use of the community center by the tenants for such meeting shall be at no charge and shall be permitted within a reasonable amount of time after the tenant’s association or group of tenants have mad ...more

(Additional Sponsors: Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B7FD0CACB5619BFF852576A80050DC87Thu, 15 Jul 2010 11:48:53 -0400Delaware - Signed Legislation
This Act gives the Delaware SPCA and Kent County SPCA statewide jurisdiction to enforce cruelty to animals laws. 

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Sens.: Bonini: Cloutier: Connor: Ennis: Henry: Simpson: and: Reps.: Lavelle: M. Marshall: Outten: Ramone: D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7BA6D4628D23E3DE85257591006C8A31Thu, 15 Jul 2010 11:48:11 -0400Delaware - Signed Legislation
This Act amends the Charter of The Town of Laurel to allow The Town of Laurel to finance the eligible costs of qualifying projects and items for a TIF District and a special development district created by The Town of Laurel under Section 36A of the Charter, whether any such project or item will ultimately be owned by The Town of Laurel or by the State of Delaware or any agency or instrumentality thereof, or any County, local political subdivision, instrumentality, agency, body politic, utility ...more

(Additional Sponsors: Sen. Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B974593E0AD290A085257736005B8901Thu, 15 Jul 2010 15:36:09 -0400Delaware - Signed Legislation
This Act requires the Attorney General to screen challenges to public record request denials, if a state agency is involved. All such alleged violations must first be reviewed by the Chief Deputy. If the Chief Deputy determines that an agency should have produced the requested records, the Attorney General’s Office may not represent the agency in any further legal action if that agency fails to comply with the Chief Deputy’s decision. The Bill also permits a litigant, after requesting a decis ...more

(Additional Sponsors: Sen. Cloutier, and Rep. Gilligan)
(Co-Sponsors: Sens.: Blevins: Bonini: Booth: Bunting: Bushweller: Connor: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: Sokola: Simpson: and: Sorenson: NewLine: Reps.: Atkins: Barbieri: Bennett: Brady: Briggs King: Carey: Carson: Cathcart: George: Hocker: Hudson: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Longhurst: Miro: Mitchell: Mulrooney: Outten: Plant: Ramone: Schooley: Schwartzkopf: Scott: B. Short: D. Short: Viola: Walls: D.E. Williams: and: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/64E4418FC22BEAA2852576F10065B246Thu, 15 Jul 2010 15:36:21 -0400Delaware - Signed Legislation
This Bill makes changes which require the Division of Long Term Care Residents Protection to post online the results of its surveys of nursing facilities. The act also eliminates the current obligation of the Division to conduct a follow-up meeting after every survey of a nursing facility, and replaces it with an obligation to conduct such meetings upon request by the facility, a resident, or a resident’s family member or agent. Because these meetings occur after the report is issued a ...more

(Additional Sponsors: Sen. Henry, and Rep. Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/798722C6BDB88BBF85257737007B704AThu, 15 Jul 2010 15:36:22 -0400Delaware - Signed Legislation
The State of Delaware currently requires lead poisoning screening for children at 12 months of age. Because many children are not yet sufficiently mobile prior to 12 months of age to have full exposure to potential lead hazards in their environments, it has become common practice in other states to test some children at higher risk for lead exposure at 24 months of age as well. This Act creates a formal screening process so that children at high risk for lead exposure can receive an additional ...more

(Additional Sponsors: Rep. Schooley)
(Co-Sponsors: Sens.: Cloutier: Connor: Hall-Long: Henry: Katz: McDowell: Peterson: and: Sorenson: NewLine: Reps.: George: Hudson: Jaques: J. Johnson: Q. Johnson: Kowalko: and: Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/04F6BA0399FAE6978525773D00529EF1Thu, 15 Jul 2010 15:36:23 -0400Delaware - Signed Legislation
This bill continues the practice of amending periodically the Delaware Statutory Trust Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a sectionbysection review of the amendments of the Act. Sections 1 and 2. These amendments make some clarifying expansions to the defined terms used in the Act. Section 3. This amendment confirms that pools of assets may constitute series under the Act. Sections 4, 6 and 17 ...more

(Additional Sponsors: Rep. B. Short, and Rep. George)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/12DFCAA7125391578525773E007156B4Thu, 15 Jul 2010 15:36:23 -0400Delaware - Signed Legislation
This Senate Joint Resolution supports designating the “Honor and Remember Flag” as a national symbol for remembering our fallen U. S. servicemen and women. It further urges Delaware’s Congressional delegation to support action on the federal level to advance this cause. 

(Additional Sponsors: Rep. Oberle, and Rep. Jaques)
(Co-Sponsors: Sens.: Booth: Connor: Ennis: Hall-Long: McDowell: Peterson: Bushweller: Cloutier: and: Cook: NewLine: Reps.: Atkins: Carson: Cathcart: Brady: Briggs King: George: Q. Johnson: Kovach: Mulrooney: Schwartzkopf: B. Short: and: D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5A446123B8A88B738525773E005D8A86Thu, 15 Jul 2010 15:36:25 -0400Delaware - Signed Legislation
Section 1 removes an outdated provision regarding appointments to the Board that is no longer applicable. Section 2 reduces restrictions on term limits for Board members due to the small pool of Geologists licensed and residing in Delaware who are eligible to sit on the Board. 

(Additional Sponsors: Rep. Kowalko)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6D5D5350FC54F4D48525774300555624Thu, 15 Jul 2010 11:49:21 -0400Delaware - Signed Legislation
This Charter replaces the current City of Milford Charter in its entirety. A Charter Committee, the Mayor and City Council, with participation from the public, met in numerous meetings beginning in September 2008 to reorganize and revise their charter. Most of the existing charter has remained the same though some revisions were made and the charter was reorganized. This bill is a result of that effort and the following summarizes those changes from the previous charter: A table of contents ...more

(Additional Sponsors: Rep. Walls, and Rep. Carey)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B99C33403653CCF38525773C00689918Thu, 15 Jul 2010 15:36:20 -0400Delaware - Signed Legislation
This Act clarifies the situations where a police or firefighter may retire from the employment of one Delaware county or municipal fire or police department and receive pension benefits, then subsequently obtain employment in a different county or municipal system while continuing to receive pension benefits from the County/Municipal Pole/Firefighter Pension Plan. 

(Additional Sponsors: Rep. D.P. Williams)
(Co-Sponsors: Sens.: DeLuca: and: Simpson: NewLine: Reps.: Schwartzkopf: and: Oberle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/99D2271FA58E58BF852577370077AD6EThu, 15 Jul 2010 15:36:20 -0400Delaware - Signed Legislation
This Act provides that persons with disabilities who are eligible for a service pension, disability pension, or survivor~s pension, , can direct the Delaware Public Employees’ Retirement System to place eligible pension benefits directly into a Miller trust, without those pension funds adversely affecting an individual’s eligibility for Medicaid or other benefits. Income generated by the trust that remains in the trust is not income to the individual. 

(Additional Sponsors: Rep. D.P. Williams)
(Co-Sponsors: Sens.: DeLuca: and: Simpson: NewLine: Reps.: Schwartzkopf: and: Oberle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C106D3EE55F1C4608525773700784B7FThu, 15 Jul 2010 15:36:12 -0400Delaware - Signed Legislation
The ability of inmates to earn good time credits was a mechanism established to assist and encourage appropriate behavior by inmates while they are incarcerated. This general concept has been modified by the General Assembly over time to prohibit good time credit for specific offenses. Unfortunately, this ad hoc application has caused significant administrative issues to arise that are difficult to address with limited staff and is inconsistent with the original intent and purpose of good tim ...more

(Additional Sponsors: Rep. J. Johnson, Sens. Simpson, Henry, Venables, Peterson, and McDowell, Reps. Carey, George, Hudson, Kovach, Lee, Viola, Walls, Mulrooney, and Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BCF64DA29D9657DC8525770C006DC5ABThu, 15 Jul 2010 15:36:23 -0400Delaware - Signed Legislation
This Act expressly makes the general provisions of municipal elections except for the City of Wilmington applicable to the provisions on absentee voting in municipal elections except for the City of Wilmington. It also expressly provides that municipal Boards of Elections shall have the power and duty to hear cases and render decisions relating to alleged violations of pre-election activity that is contrary to the provisions on absentee voting and that the Elections Commissioner shall have the ...more

(Additional Sponsors: Sen. Ennis, and Rep. D.E. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C99C470EAD3108CA8525773E0069DD56Thu, 15 Jul 2010 15:35:36 -0400Delaware - Signed Legislation
This Charter Amendment makes Elsmere’s Charter consistent with the provisions of Title 15. 

(Additional Sponsors: Rep. Mitchell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AC5FBCD1FBCD2723852575450071D509Wed, 14 Jul 2010 15:35:45 -0400Delaware - Signed Legislation
This Bill creates a procedure by which youth exiting foster care in Delaware and who are provided services under the John H. Chafee Independence Act and/or the Fostering Connections and Increasing Adoptions Act of 2008 have a legal mechanism for Family Court to review the appropriateness of such services. The bill also specifically limits any findings on the reasonableness of the services to be offered and coordinated by the DSCYF to the youth, including financial, housing, medical, employment, ...more

(Additional Sponsors: Rep. M. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/322E15192884C2CB852575AF006579C4Tue, 13 Jul 2010 11:47:56 -0400Delaware - Signed Legislation
Consistent with Delaware’s Child Victim’s Act, this Act clarifies that civil actions based on sexual abuse of a patient by a healthcare provider may be filed at any time after the commission of the abuse. This Act also creates a 2-year “look-back” provision in cases of abuse which was unknown and could not reasonably have been discovered by the patient. 

(Additional Sponsors: Rep. Atkins, and Rep. Keeley, and Sen. Bunting, and Sen. Blevins, and Sen. Peterson, and Sen. Connor)
(Co-Sponsors: Rep.: Ramone: and: Sen.: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/FEC0D125189E059E852576B2005934A4Mon, 12 Jul 2010 15:35:44 -0400Delaware - Signed Legislation
This Bill removes the word experimental because it is not defined. 

(Co-Sponsors: Sens.: Bunting: Ennis: Venables: and: Reps.: Atkins: Carson: Mulrooney: Oberle: and: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/728CE9E86F6895A0852575AD006CBD52Mon, 12 Jul 2010 11:47:57 -0400Delaware - Signed Legislation
This Bill removes the Delaware Children’s Trust Fund as a contribution designation for income tax refunds, and removes the establishment and function of the Trust Fund from the Delaware Code. The Trust Fund has been defunct for several years. 

(Additional Sponsors: Sen. Booth)
(Co-Sponsors: Reps.: D. Short: Briggs King: Kovach: Lavelle: Ramone: and: Sen.: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0CE906A2BE105381852576E2004E93F0Mon, 12 Jul 2010 11:49:15 -0400Delaware - Signed Legislation
This Amendment to the municipal charter of the Town of Ellendale makes the charter consistent with the provisions of the state Municipal Election statute which provides: a twenty day notice of the date of the electionand a seven day waiting period between the close of the election and the swearing in of newly elected officialsand and designates the procedures for counting votes and publicizing the results of the election. This Amendment also removes the requirement that candidates for the Town Co ...more

(Additional Sponsors: Rep. Carey)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0A6E07B7089945188525770D00734CDAMon, 12 Jul 2010 11:48:07 -0400Delaware - Signed Legislation
This Bill deletes an incorrect reference to rules for ostriches, emus and rheas in a section relating to fruit growers. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Carson: Outten: Thornburg: Wilson: and: Sens.: Booth: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/49150C10C3D2F09F852577130074A690Mon, 12 Jul 2010 11:47:36 -0400Delaware - Signed Legislation
This bill requires that a person elected to a state office or appointed to fill a vacancy in an elective state office, or who has filed as a candidate for an elective state office disclose the name and address of every nonprofit organization, civic association, community association, foundation, maintenance organization, or trade group incorporated in the State or having activities in the State, or both, of which the person is a council member or board member. 

(Additional Sponsors: Rep. Keeley, and Sen. Peterson, and Sen. Sokola)
(Co-Sponsors: Reps.: D. Short: Booth: Hudson: Kovach: Lavelle: and: Sens.: Sorenson: Bonini: Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4DB49540273AB86D852575A5004C5027Mon, 12 Jul 2010 11:48:07 -0400Delaware - Signed Legislation
This Bill extends requirements currently applied to Apis mellifera (honey bee), such as inspection, to all bee species transported into Delaware. Rather than issuing fines for violations, the structure is changed to penalties assessed by Administrative Hearing. This system mirrors all other Plant Industries laws. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Carson: Hudson: Outten: Thornburg: Wilson: and: Sens.: Booth: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/14A147E9E43C86D28525771300742C50Mon, 12 Jul 2010 11:48:07 -0400Delaware - Signed Legislation
This Bill aligns the licensing and certification of nurseries to the calendar year and requires nurseries to maintain a current list of suppliers and provide that list to the Department of Agriculture upon request. The bill also eliminates the brief 30-day window during which an administrative hearing must be held but retains the 30-day period for issuance of the Department’s written decision. The current 30-day time period in which a hearing must be held has been inhibiting the ability of the D ...more

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Rep.: Wilson: and: Sen.: Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1F253DC66E3A5AF3852577130076D42CMon, 12 Jul 2010 11:48:06 -0400Delaware - Signed Legislation
This Bill extends the period that a label can be used following a seed test from 10 months to 15 months. The change is to make the law consistent with the current trends in the Seed Industry. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Carey: Carson: Hocker: Q. Johnson: Lee: Thornburg: Wilson: and: Sens.: Booth: Ennis: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2149CCD15094A6068525771300754AF0Mon, 12 Jul 2010 11:47:20 -0400Delaware - Signed Legislation
This Bill amends the Public Employment Relations Act to clarify the police officers and other law enforcement officers provided for in paragraph 9 must be certified as required by the Delaware Police Training Program. This Bill also creates a new paragraph 13 for Probation and Parole Officers of the Department of Corrections. 

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: Mitchell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/930446892B7C74A08525754B006FFC05Mon, 12 Jul 2010 11:47:50 -0400Delaware - Signed Legislation
This bill adds a mandatory $500 penalty to criminal and/or civil charges of injuring, damaging, littering, or applying graffiti to or along a scenic and historical highway or a scenic byway, as defined in 17 Del.C. 101(a)(9), as follows: 101(a)(9) A “Scenic and Historic Highway” or “Scenic Byway” is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeology qualities for which such transp ...more

(Additional Sponsors: Sen. McBride)
(Co-Sponsors: Reps.: Barbieri: Brady: Carson: Jaques: Booth: Carey: Hocker: Kovach: Lavelle: Manolakos: Miro: Ramone: Thornburg: and: Sens.: Katz: Sokola: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8EBC592ECBECBED1852575D8006E9B0CMon, 12 Jul 2010 11:48:05 -0400Delaware - Signed Legislation
This Act amends the Charter of the Town of Dewey Beach to authorize the Town Commissioners to change the date of annual municipal elections to prevent conflict with Jewish holy days. 

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/82FB7C5C187B9A148525771500575AF2Mon, 12 Jul 2010 15:36:19 -0400Delaware - Signed Legislation
Many wills and trusts contain formula clauses allocating shares of a decedent’s estate or trust estate based on Internal Revenue Code provisions relating to federal estate tax exemptions and generation-skipping transfer tax exemptions. The federal estate tax and generation-skipping transfer tax are repealed for calendar year 2010 but, under current law, will be reinstated in calendar year 2011. The bill is intended to create a presumption that if a decedent’s formula clause had diffe ...more

(Additional Sponsors: Rep. B. Short)
(Co-Sponsors: Sens.: Bunting: and: Bonini: and: NewLine: Reps.: Bennett: Brady: Viola: and: Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2B4EF6D42B8B98E885257735006F0982Mon, 12 Jul 2010 15:58:20 -0400Delaware - Signed Legislation
This Act eliminates the five-year waiting period for a person who has successfully completed the Probation Before Judgment (“PBJ”) program, and the two-year waiting period for a person who has successfully completed the First Offenders Controlled Substances Diversion Program (“CSDP”), to obtain an expungement of the arrest and conviction records relating to that offense. This Act clarifies that offenses for which records have been expunged do not have to be disclosed as arrests. This Act also ...more

(Additional Sponsors: Sen. McDowell, and Sen. Venables)
(Co-Sponsors: Reps.: Bennett: J. Johnson: Keeley: Kovach: Kowalko: Mulrooney: Plant: Schooley: and: B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A1C1F3DEE8558627852575C80066498CMon, 12 Jul 2010 11:48:00 -0400Delaware - Signed Legislation
This Act moves the Financial Disclosure reporting date from February 15 of each year to March 15 of each year. 

(Additional Sponsors: and Rep. Hudson, and Rep. Viola, and Sen. Simpson)
(Co-Sponsors: Reps.: Hocker: Lavelle: Manolakos: Miro: Carson: and: Sens.: Bunting: Venables: Bonini)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BE757827948E1A23852576E800699C25Mon, 12 Jul 2010 11:47:57 -0400Delaware - Signed Legislation
This Act enhances the Family Court’s ability to protect victims of domestic violence and abuse by authorizing the Family Court to enter the no contact provisions of protection from abuse orders for up to 2 years in every case and, where aggravating circumstances exist, authorizing the Family Court to order no contact for as long as it deems necessary to prevent further abuse, including the entry of a permanent order. 

(Additional Sponsors: Rep. Hudson, and Sen. Blevins, and Sen. Sorenson)
(Co-Sponsors: Reps.: Bennett: Carson: Jaques: J. Johnson: Kovach: Mitchell: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/95E30FECDB81BAAA852576DA004E43D8Mon, 12 Jul 2010 15:36:08 -0400Delaware - Signed Legislation
This Bill will require DART to publish all route, schedule and fare information for public transit routes on a website maintained by the Corporation to be available for download by the public and third parties at no charge. 

(Additional Sponsors: Rep. Scott)
(Co-Sponsors: Sens.: Henry: and: McDowell: and: Reps.: B. Short: Mitchell: Viola: Lavelle: Keeley: George: and: Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F20DB007678B9C33852576EF006B2E76Mon, 12 Jul 2010 11:49:06 -0400Delaware - Signed Legislation
This Bill converts the existing scenic and historic highways program to the Delaware Byways program. 

(Additional Sponsors: Rep. Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B0AEB1BA054C6325852576D300710FA3Mon, 12 Jul 2010 11:48:11 -0400Delaware - Signed Legislation
This Act amends Title 11, 4217 of the Delaware Code by clarifying the term “exceptional rehabilitation”, which was inadequately defined and therefore confusing, so that this term is consistent with the original intent of the Statute. 

(Additional Sponsors: Sen. Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5D62F6D705C5563485257735006EE745Mon, 12 Jul 2010 11:48:09 -0400Delaware - Signed Legislation
This bill modifies the existing laws regarding tree replacement for DelDOT projects. It permits the planting of trees within a DNREC-approved and maintained conservation easement area within the same or an adjacent watershed, if the normal mitigation measures cannot be implemented with existing construction project limits. The bill also gives DelDOT the opportunity to prepare and approve the landscape plan required under this subchapter, which would be performed by DelDOT’s Roadside Environmenta ...more

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Reps.: Bennett: Briggs King: Mitchell: and: Sens.: Booth: Bushweller: Cloutier: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6119ED0063DB4904852577130065C50CMon, 12 Jul 2010 11:49:14 -0400Delaware - Signed Legislation
This Bill adopts the Uniform Interstate Depositions and Discovery Act (“UIDDA”), promulgated by the Uniform Law Commission in 2007. The goal of UIDDA is to simplify and standardize the current patchwork of procedures across the various states for deposing witnesses for purposes of out-of-state litigation. Uniform procedures have become necessary as the amount of litigation involving individuals and documents located outside of the trial state has increased. This Bil ...more

(Additional Sponsors: Rep. George)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6EBB2C551BEE92ED8525771B00591465Mon, 12 Jul 2010 11:49:14 -0400Delaware - Signed Legislation
For nearly 8 years Delaware has been involved in a collaborative effort among juvenile justice agencies to, among other goals, reduce the unwarranted detention of juveniles and provide meaningful alternatives to such detention. While the Juvenile Justice Collaborative has made significant strides in that effort, experience has shown that the current provisions of 10 Del. C. 1007 do not adequately meet the circumstances faced by those courts dealing with juvenile detention decisions. Situation ...more

(Additional Sponsors: Rep. Barbieri)
(Co-Sponsors: Sens.: Blevins: Bushweller: Connor: and: Simpson: NewLine: Reps.: George: J. Johnson: Wilson: and: Lee)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AF4D8FDB1A3E9CB385257714004ED61EMon, 12 Jul 2010 11:48:06 -0400Delaware - Signed Legislation
This bill deletes the Northeast Interstate Dairy Compact. The Compact is defunct and there is no expectation that it will be put into use in the foreseeable future. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Carson: Wilson: and: Sens.: Booth: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B77E51158A9C001E852577130072856BMon, 12 Jul 2010 11:49:11 -0400Delaware - Signed Legislation
This Act includes cats in the list of domestic animals which when attacked might cause a dog to be declared a potentially dangerous dog or if severely injured or killed might cause a dog to be declared a dangerous dog. This attack, serious injury or death must occur on the property of the owner of the domestic animal or while under the immediate control of the owner of the domestic animal. 

(Additional Sponsors: Rep. Keeley)
(Co-Sponsors: Sen.: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D30FAEB0FB4989B285257712005A6836Mon, 12 Jul 2010 15:36:12 -0400Delaware - Signed Legislation
This Bill clarifies that all agricultural related operations be protected from both private and public nuisance actions, unless they result from negligence or improper operation or violate federal law. 

(Additional Sponsors: Rep. Walls)
(Co-Sponsors: Sens.: Bunting: Cook: and: Ennis: Hall-Long: NewLine: Reps.: Atkins: Carson: Q. Johnson: Longhurst: and: Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/82EEB58C33057BF08525770C00735AC1Mon, 12 Jul 2010 11:49:12 -0400Delaware - Signed Legislation
This Act provides that student teacher candidates must undergo a criminal background check similar to public school employees before being placed in a student teaching placement within a public school. 

(Additional Sponsors: Rep. Schooley)
(Co-Sponsors: Sen.: Henry: NewLine: Reps.: Briggs King: and: Jaques: Q. Johnson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F511C39F3BDE60D88525770D00648E83Mon, 12 Jul 2010 11:48:06 -0400Delaware - Signed Legislation
This bill eliminates the time frame during which an administrative hearing must be heldand the current 30 day time period in which a hearing must be held has been inhibiting the ability of the Department of Agriculture to negotiate resolution of plant pest violations. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Carson: Hudson: Q. Johnson: Thornburg: Wilson: and: Sens.: Booth: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C707EE7B37D86F6B852577130073F0DDMon, 12 Jul 2010 15:36:14 -0400Delaware - Signed Legislation
This Bill changes the name of the Delaware Volunteer Fireman’s Association to the Delaware Volunteer Firefighters Association pursuant to the change of name adopted at the 2009 Convention, and codifies the existing practice of fire company reports to the Insurance Commissioner’s office. 

(Additional Sponsors: Rep. Mitchell)
(Co-Sponsors: Sens.: Hall-Long: Bushweller: and: Connor: NewLine: Reps.: Carson: Walls: Cathcart: and: D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CB04410B74DFC9FF8525771A005DC7B9Mon, 12 Jul 2010 11:49:17 -0400Delaware - Signed Legislation
This Act clarifies that volunteer HAZMAT team members who are operating under the authority and direction of DNREC and are no longer employed by private industry continue to be members of the HAZMAT team and as such remain eligible for applicable workers’ compensation coverage while assisting DNREC in a voluntary capacity during a HAZMAT incident. 

(Additional Sponsors: Rep. Carson)
(Co-Sponsors: Sens.: Hall-Long: Sokola: Henry: and: Bushweller: NewLine: Reps.: Mitchell: Outten: Wilson: and: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D276C9C5CACCF37885257736004B4313Mon, 12 Jul 2010 11:49:18 -0400Delaware - Signed Legislation
This Bill establishes the State Council for Interstate Juvenile Supervision as required by the Interstate Compact for Juveniles, codified at 31 Del. C. 5203. The State Council’s role is to administer the State of Delaware’s participation in the Compact and ensure that the State remains a productive member of the Compact. 

(Additional Sponsors: Rep. J. Johnson)
(Co-Sponsors: Sens.: Bushweller: Sokola: and: Bonini: NewLine: Reps.: Barbieri: Carson: Hocker: Hudson: Mitchell: and: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5B86CD3A341E9A8F85257736005BE639Mon, 12 Jul 2010 11:48:17 -0400Delaware - Signed Legislation
This Act updates the Delaware Code in relation to the responsibilities of the Interagency Management Resource Committee (IRMC) and the Early Childhood Council (ECC), and aligns the ECC with new federal requirements for State Early Childhood Advisory Committees. After a dormant period, the IRMC is operating again, as originally conceived, and carrying out responsibilities in accordance with the Delaware Code and those added through Epilogue language. The ECC is now operating in coordination w ...more

(Additional Sponsors: Sen. Sokola, and Sen. Sorenson)
(Co-Sponsors: Reps.: Briggs King: George: Jaques: J. Johnson: Q. Johnson: Kowalko: Ramone: Barbieri: Mitchell: Viola: and: Sens.: Blevins: Cloutier: Connor)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0849A687B7850E608525773D006EA401Mon, 12 Jul 2010 11:48:18 -0400Delaware - Signed Legislation
This bill makes certain amendments to the Delaware Common Interest Ownership Act (DUCIOA) and the Unit Property Act. Section 1 makes a technical amendment to clarify that the Unit Property Act still applies to newly created condominiums that are exempt from the Common Interest Ownership Act. Section 2 makes it clear that amendments made to the declaration of a common interest community does not affect the status of that community as exempt from some or all of DUCIOA. Sections 3 and 4 make a ...more

(Additional Sponsors: Sen. Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/653A1EAD71EC6DB7852577430049A262Mon, 12 Jul 2010 15:36:22 -0400Delaware - Signed Legislation
This Bill allows the 2 law enforcement members of the Delaware Child Protection Accountability Commission (CPAC) to designate proxies. It also requires CPAC to submit a copy of its annual report to the General Assembly instead of to the Governor’s Advisory Council for Children, Youth and Their Families. Finally, it eliminates the requirement to distribute copies of quarterly written reports to certain House and Senate Committees, instead requiring that such reports be made available to the Gen ...more

(Additional Sponsors: Rep. George)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/479030F73F23D56F8525773D0056AE87Mon, 12 Jul 2010 15:36:20 -0400Delaware - Signed Legislation
This Act will further the purpose of Chapter 30A of Title 16 by clarifying the authority of the Division of Long Term Care Residents Protection to regulate nursing assistant training programs. The Division is currently approving the curriculum of training programs and conducting annual inspections pursuant to Chapter 30A of Title 16. This Act will improve the Division’s authority to regulate those programs by allowing it to impose sanctions for non-compliance with statutes and ...more

(Additional Sponsors: Rep. Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/81F2227A074F1B2385257737007949F2Mon, 12 Jul 2010 15:36:27 -0400Delaware - Signed Legislation
This legislation provides a more permanent governance structure for the Delaware Health Information Network (DHIN), by removing the DHIN from the organizational structure of the Delaware Healthcare Commission and by moving toward a more traditional public/private corporation model of governance. The bill also imposes greater accountability and transparency with annual detailed reports to the Governor and the General Assembly, including annual certified audits and a detailed business/sustainabil ...more

(Additional Sponsors: Sen. Katz, and Rep. Kowalko, and Rep. Barbieri, and Rep. Scott)
(Co-Sponsors: Sens.: DeLuca: Blevins: Cook: Hall-Long: Sokola: McDowell: Bunting: Simpson: and: Cloutier: NewLine: Reps.: B. Short: Bennett: and: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/41B06A9E9402AFA585257745006DBE55Mon, 12 Jul 2010 11:48:20 -0400Delaware - Signed Legislation
This Act prohibits County governments from requiring elected or appointed officials to waive their right to receive previously vested County pension benefits upon their election or appointment to office. This Act provides, however, that a former County employee who does not choose to give up previously vested County pension benefits shall not be eligible for additional years of service or additional vested pension benefits. 

(Co-Sponsors: Reps.: Schwartzkopf: Carson: Gilligan: Q. Johnson: Kowalko: Mitchell: Mulrooney)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E3BC8D6E81ACF3CB8525773500786A9BMon, 12 Jul 2010 15:36:26 -0400Delaware - Signed Legislation
This Bill mandates that the Board of Medical Practice shall adopt rules and regulations establishing guidelines for the imposition of discipline against physicians and the members of other professions regulated by the Board. The Bill gives the Board one year from the date of enactment to adopt these rules and regulations. 

(Additional Sponsors: Rep. Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1554563B81320ABB8525774400680B63Mon, 12 Jul 2010 15:36:26 -0400Delaware - Signed Legislation
The purpose of this Bill is to ensure that when a professional licensing board revokes or suspends a license at a hearing, the revocation or suspension shall be effective immediately. However, the Bill also requires that a written order must be served within 30 days after the hearing date. 

(Additional Sponsors: Rep. Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CB31A8F3DAFFD041852577440068A163Mon, 12 Jul 2010 11:48:39 -0400Delaware - Signed Legislation
This Joint Resolution requests Delaware’s U.S. delegation to immediately enact legislation implementing a court fee intercept program to intercept federal tax refunds to pay overdue State court-ordered restitution, fines, fees and costs. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Bennett: Briggs King: Hocker: Hudson: J. Johnson: Q. Johnson: Keeley: Kovach: Kowalko: Mitchell: B. Short: D. Short: and: Sens.: Bushweller: Katz: Simpson: Sokola: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AD6F9B824EE1A64F85257751006FE852Fri, 09 Jul 2010 14:49:41 -0400Delaware - Signed Legislation
This bill requires that all newly constructed businesses and other places of public accommodation be equipped with automatic doors to make the main entrances of such buildings accessible to persons with disabilities. 

(Additional Sponsors: and Sen. Cloutier)
(Co-Sponsors: Reps.: Hudson: Q. Johnson: M. Marshall: Mitchell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AB767F277E48DAE3852575D2006518E3Tue, 06 Jul 2010 10:58:55 -0400Delaware - Signed Legislation
This bill prohibits the use of electronic communication devices while operating a motor vehicle on the highways of the State of Delaware unless the person engages in the use of hands-free equipment. 

(Additional Sponsors: Rep. D.P. Williams, and Rep. Miro, and Sen. Peterson)
(Co-Sponsors: Reps.: Barbieri: Bennett: Blakey: Brady: Carey: Carson: Jaques: J. Johnson: Q. Johnson: Keeley: Kovach: Kowalko: Lavelle: Manolakos: Mitchell: Mulrooney: Oberle: Ramone: Schooley: Schwartzkopf: B. Short: Walls: and: Sens.: Blevins: Bunting: Bushweller: Cloutier: Ennis: Henry: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D121AB009B1476AD852576B00069F066Tue, 06 Jul 2010 11:47:33 -0400Delaware - Signed Legislation
This Act increases the administrative fee assessed against a criminal defendant who has court-appointed counsel from $50 to $100. The $50 fee has not been changed since it was enacted in 1995. In FY 2008, the State collected $345,530 from the imposition of this fee. 

(Co-Sponsors: Reps.: Atkins: Bennett: Keeley: B. Short: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/332CE2AD8B2296948525759300798404Tue, 06 Jul 2010 11:48:21 -0400Delaware - Signed Legislation
This Act excludes two-way radio communications devices with a fixed placement in the vehicle from the list of prohibited devices. 

(Additional Sponsors: Rep. Wilson, and Sen. Booth)
(Co-Sponsors: Reps.: Cathcart: D. Short: Carey: Hocker: Hudson: Outten: Lee: and: Sens.: Connor: Simpson: Sorenson: Bonini)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/50E59CC1278515F38525774D00521D3ATue, 06 Jul 2010 11:48:21 -0400Delaware - Signed Legislation
This bill exempts a person using a two-way communication device mounted or attached to a motor vehicle during their course of employment with a business or government entity while talking to a central dispatch, base of operation, or with other employees of such business or government entity. 

(Additional Sponsors: Sen. Bunting, and Sen. Venables)
(Co-Sponsors: Reps.: Atkins: Bennett: Barbieri: Briggs King: Carson: Cathcart: George: Gilligan: Jaques: Keeley: Kowalko: Lee: Longhurst: Miro: Mulrooney: Scott: B. Short: D. Short: Thornburg: Viola: Walls: Wilson: and: Sens.: Bonini: Booth: Cook: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/97A48540F8D96D098525774C0077A193Fri, 02 Jul 2010 15:36:09 -0400Delaware - Signed Legislation
Sections 1 and 2 of the Act is intended to clarify the meaning of the term “willful misconduct” as used in Chapter 33 of Title 12 and governing instruments. Section 3 of the Act is intended to clarify the effect of a governing instrument provision regarding the retention of property. Section 4 of the Act conforms Subsection (c) with Subsection (b) of Section 3312. Section 5 of the Act is intended to assure that Delaware trusts meet the safe harbor requirements of Revenue Ruling 2008-22 regarding ...more

(Additional Sponsors: Rep. B. Short)
(Co-Sponsors: Sens.: Bunting: Connor: Sokola: Cook: and: Katz: and: Reps.: Bennett: Ramone: Lavelle: Keeley: George: and: Viola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/01715BE6E2BB4BC0852576F1006CD194Fri, 02 Jul 2010 11:48:03 -0400Delaware - Signed Legislation
This bill corrects an error in the Delaware Code provision relating to the sale of pseudoephedrine or ephedrine. The law currently provides that a licensed pharmacist, sales clerk or “licensed pharmacy technician” shall require that any person purchasing, receiving, or otherwise acquiring any substance containing pseudoephedrine or ephedrine shall be age 18 or older and show a photo ID. The law requires pharmacists, sales clerks and “licensed pharmacy technicians” to check for ID and to maintai ...more

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Reps.: Barbieri: Bennett: Blakey: Brady: Jaques: Kowalko: Mitchell: Plant: Scott: Viola: Walls: and: NewLine: Sens.: Blevins: Bushweller: Cook: Ennis: Hall-Long: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/04B1880129928AF38525770B007A74EAFri, 02 Jul 2010 11:48:01 -0400Delaware - Signed Legislation
This legislation designates the upper-level management positions in the Court of Common Pleas from classified service to exempt service, consistent with similar positions in the Superior Court and the Family Court. The provisions of this legislation shall become effective at the time the incumbent separates from state service. 

(Additional Sponsors: Sen. Blevins, Reps. Carson, Walls, George, Scott, Brady, Kowalko, Hudson, Manolakos, Oberle, Kovach, B. Short, J. Johnson, D.P. Williams, Jaques, Q. Johnson, D.E. Williams, Longhurst, Mitchell, Thornburg, Lee, Ramone, Wilson, Sens. Booth, Bushweller, Katz, Simpson, Henry, Bonini, Sokola, Connor, Cloutier, Ennis, Hall-Long, Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A9D5C4666CFEA2A8852576B70053618BFri, 02 Jul 2010 11:48:04 -0400Delaware - Signed Legislation
This bill increases the penalties for vehicle owners who are not complying with Delaware law by not registering their vehicles after establishing residency in Delaware. The current fine of $25 provides no incentive for vehicle owners to register their vehicles in Delaware. This results in the loss of a significant amount of revenue. The exemption on trailers for vehicle owners registered under the International Registration Plan (IRP) is a result of the IRP agreement Delaware signed with all ...more

(Additional Sponsors: and Rep. Mitchell, and Sen. Blevins)
(Co-Sponsors: Reps.: D. Short: Hocker: Kovach: Lee: Manolakos: Gilligan: Q. Johnson: Viola: Walls: Wilson: and: Sens.: Simpson: Booth: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9EB136D574D56A12852577070056836DFri, 02 Jul 2010 11:49:14 -0400Delaware - Signed Legislation
This Bill adopts the Uniform Unsworn Foreign Declarations Act (“UUFDA”), promulgated by the Uniform Law Commission in 2008. Declarations of persons abroad are routinely received in state and federal courts and agencies. Many of the declarations are affidavits and other documents sworn to by declarants before authorized officials in United States embassies and consulate offices. Affiants in foreign countries with information relevant to U.S. proceedings or transactions ...more

(Additional Sponsors: Rep. George)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7E2E3A642944D7B88525771B0055FB09Fri, 02 Jul 2010 11:48:09 -0400Delaware - Signed Legislation
This bill amends the third-party visitation statute. A provision in the statute which allowed two parents to override the Court’s decision (but not a single parent), was found unconstitutional by the trial court on equal protection grounds. This bill makes some minor technical changes to the statute as well as strengthens the constitutional protections of a fit parent’s objections to visitation requests. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Keeley: Mitchell: and: Sen.: Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D872845D2F98005B8525772E004BE294Fri, 02 Jul 2010 15:36:10 -0400Delaware - Signed Legislation
This Bill provides the means for the Council to approve or reject the hearing committee’s decision in cases where Council members must recuse for reasons such as serving on the hearing committee or participating in the Law Enforcement/Ethics Committee. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Hall-Long: Katz: and: NewLine: Reps.: Atkins: Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F99748756764FA43852576F6005F9518Fri, 02 Jul 2010 11:48:10 -0400Delaware - Signed Legislation
This act requires scrap metal processors to photograph every seller and report every transaction relating to certain metals. Currently only transactions valued at $250 or more must be reported. Multiple sellers bring in metal items with no one selling $250 and therefore they avoid the reporting requirement. With the current rash of copper thefts this bill will increase reporting and increase the ability to identify sellers. 

(Additional Sponsors: Rep. Thornburg, and Sen. Simpson)
(Co-Sponsors: Reps.: Cathcart: D. Short: Carey: Hocker: Hudson: Lee: Outten: Mitchell: Schwartzkopf: Walls: and: Sen.: Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8FCEE52AE8EE73E585257720006467AFFri, 02 Jul 2010 11:48:07 -0400Delaware - Signed Legislation
The Act requires the destruction of any tobacco products forfeited for violations of 5342 of Title 30, which prohibits the possession of more than 10 packs or packages of untaxed tobacco. Current law requires the Department of Finance to sell any forfeited tobacco products by sealed bid to the highest bidder. 

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: Atkins: Carson: Lee: D.P. Williams: and: NewLine: Sens.: Cloutier: McBride: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DE217CFF3CA4D9FC8525772100609457Fri, 02 Jul 2010 11:48:12 -0400Delaware - Signed Legislation
This Bill is a result of recommendations made by the Joint Sunset Committee. This bill amends the statute by: Creating a separate section of the Delaware Code entitled “Newark Housing Authority”and Expanding the existing Newark Housing Authority Board from 6 to 7 members. Providing that the 7th member of the Board shall be appointed by the Mayor of the City of Newarkand Exempting the Newark Housing Authority from the statutory political provision regarding the makeup of the Boardand Changing the com ...more

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Kovach: Lee: and: Sens.: Bonini: Booth: Bushweller: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D12BF3C22786A3B18525771A0064B14DFri, 02 Jul 2010 11:48:10 -0400Delaware - Signed Legislation
The law currently prohibits sampling of beer unless it is a new product line in the marketplace for less than one year. This Act would permit the tasting or sampling of beer no matter its tenure in the marketplace. The law also currently prohibits the sampling of spirits that are more than 80 proof. There are many “high end” spirits that are more than 80 proof and the tasting of these products could possibly convince consumers that these products are worth their higher cost. The sampling of ...more

(Co-Sponsors: Reps.: Carson: Hudson: Keeley: Kowalko: Mitchell: D. Short: D.P. Williams: and: Sens.: Ennis: McBride: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DA3AFB4E06E207D9852577350062F943Fri, 02 Jul 2010 10:50:48 -0400Delaware - Signed Legislation
In the spring of 2009, the Joint Sunset Committee received a list of inactive Councils from the Governor’s Office. The Joint Sunset Committee notified each oversight agency of Committee’s intent to sunset each inactive Council on June 30, 2010. Each oversight agency responded to the Committee indicating that the Council was in fact inactive and the Committee held a public hearing in regard to sunsetting these entities. In April 2010, the Joint Sunset Committee voted to sunset the Council on ...more

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Kovach: Lee: and: Sens.: Bonini: Booth: Bushweller: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7AC9D5123C3045288525771800528DA4Thu, 01 Jul 2010 11:49:21 -0400Delaware - Signed Legislation
This Bill is the Fiscal Year 2011 Appropriation Act.

(Additional Sponsors: Rep. D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/89397EA86E1BFFBB852576BF0054AC83Thu, 01 Jul 2010 16:16:02 -0400Delaware - Signed Legislation
This Bill is the Fiscal Year 2011 Bond and Capital Improvements Act. 

(Additional Sponsors: Sen. Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3D4CE4BC6566FF99852576BF00557752Thu, 01 Jul 2010 11:49:31 -0400Delaware - Signed Legislation
This Resolution provides the official revenue, refund and unencumbered funds estimates for Fiscal Year 2010. 

(Additional Sponsors: Rep. D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BB81766048A957E0852575E5007F3480Thu, 01 Jul 2010 11:49:31 -0400Delaware - Signed Legislation
This Resolution provides the official revenue, refund and unencumbered funds estimates for Fiscal Year 2011. 

(Additional Sponsors: Rep. D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/66DA2CE1C25204F78525774C006EA14DThu, 01 Jul 2010 11:49:21 -0400Delaware - Signed Legislation
This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2011. Section 1 – Government Units and Senior Centers $18,301,451 Section 2 – One Times, Pass-throughs and Community Agencies $12,467,010 Section 3 – Fire Companies $ 4,216,939 Section 4 – Veterans Organizations $ 242,800 GRAND TOTAL $35,228,200 

(Additional Sponsors: Rep. D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0AFAADFABC91882E852576BF005603FDWed, 30 Jun 2010 15:36:12 -0400Delaware - Signed Legislation
This Bill establishes a new subchapter in Chapter 17 of Title 24. It defines the practice of genetic counseling and specifies the grounds for obtaining the license to practice genetic counseling. It also sets out the grounds for disciplining a licensee and makes the unlicensed practice of genetic counseling a Class G felony. 

(Additional Sponsors: Sen. Blevins, and Sen. Henry, and Rep. Barbieri, and Rep. Q. Johnson)
(Co-Sponsors: Sen.: Sorenson: and: Reps.: Hudson: and: Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5C6463E423B04AA98525770C006AD063Wed, 30 Jun 2010 11:48:14 -0400Delaware - Signed Legislation
This act would require a physician or physician~s assistant treating a person 15 years of age or younger to have another adult in the room when that child is disrobed, partially disrobed or otherwise undergoing certain physical examinations. That additional adult may be either a family member or other caretaker, or an adult staff member or colleague of the licensee. : 

(Additional Sponsors: Rep. Longhurst, and Sen. Henry, and Sen. McDowell)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Gilligan: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Mitchell: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Briggs King: Cathcart: Hudson: Oberle: D. Short: Thornburg: Blakey: Carey: Hocker: Kovach: Lee: Manolakos: Miro: Outten: Ramone: Wilson: and: Sens.: Blevins: Bunting: Bushweller: Cook: DeLuca: Ennis: Hall-Long: Katz: Marshall: McBride: Peterson: Sokola: Venables: Booth: Cloutier: Connor: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/20A0C588D6B542E88525773C006032FDWed, 30 Jun 2010 11:48:15 -0400Delaware - Signed Legislation
This act improves the licensure and renewal requirements of Delaware law for physicians. Section 1 requires disclosure an applicant for licensure or renewal to disclose any professional regulatory investigation, and requires physicians to be fingerprinted by the State Bureau of Identification at least every ten years. Section 2 authorizes the State Bureau of Identification to release any subsequent criminal history it receives regarding licensees to the Board of Medical Practice, and Section 3 ...more

(Additional Sponsors: Sen. Katz)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Gilligan: Jaques: Keeley: Kowalko: Longhurst: J. Johnson: Q. Johnson: Mitchell: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Briggs King: Cathcart: Hudson: Oberle: D. Short: Thornburg: Blakey: Carey: Hocker: Kovach: Lee: Manolakos: Miro: Outten: Ramone: Wilson: and: Sens.: Blevins: Bunting: Bushweller: Cook: DeLuca: Ennis: Hall-Long: Henry: Marshall: McBride: McDowell: Peterson: Sokola: Venables: Bonini: Booth: Cloutier: Connor: Simpson: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/365626BE2BCC06238525773C00617FF8Wed, 30 Jun 2010 11:48:15 -0400Delaware - Signed Legislation
This act improves the reporting process of the Board of Medical Practice by strengthening the Board~s authority to police unprofessional conduct and clarifying and simplifying the Board~s administrative procedures to improve the efficiency of the board and its ability to work with law enforcement. This act also makes certain similar changes that would affect all boards administered by the Division of Professional Regulation. Section 1 broadens the scope of hospital disciplinary actions that mu ...more

(Additional Sponsors: Rep. Schwartzkopf, and Sen. DeLuca, and Sen. Blevins)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Gilligan: Jaques: J. Johnson: Q. Johnson: Kowalko: Longhurst: Mitchell: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Briggs King: Cathcart: Hudson: Oberle: D. Short: Thornburg: Blakey: Carey: Hocker: Kovach: Lee: Manolakos: Miro: Outten: Ramone: Wilson: and: Sens.: Bunting: Bushweller: Cook: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Sokola: Venables: Booth: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3C70DBA774B2F0AA8525773C0062CDFCWed, 30 Jun 2010 11:48:15 -0400Delaware - Signed Legislation
This act implements several recommendations made by Dean Linda Ammons and the Delaware Department of Justice concerning additional training for the medical community and law enforcement on the prevention of child sexual and physical abuse and mandatory reporting obligations. Sections 1 and 2 require that new physicians swear that they have reviewed and acknowledged their duty to report unprofessional conduct to the Board, and training on child abuse and related issues would be required as p ...more

(Additional Sponsors: Rep. Briggs King, and Sen. Cook)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Gilligan: Jaques: J. Johnson: Q. Johnson: Longhurst: Mitchell: Keeley: Kowalko: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Cathcart: Hudson: Oberle: D. Short: Thornburg: Blakey: Carey: Hocker: Kovach: Lee: Manolakos: Miro: Outten: Ramone: Wilson: and: Sens.: Blevins: Bunting: Bushweller: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Sokola: Venables: Bonini: Booth: Cloutier: Connor: Simpson: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/95F2A0B2E5F7E6558525773C0060EE9BWed, 30 Jun 2010 11:49:19 -0400Delaware - Signed Legislation
This act reorganizes and renames the Board of Medical Practice to better reflect the Board~s responsibilities and improve public understanding of the Board~s role. The act also expedites resolution of emergency cases, improves the investigatory authority of the Board, clarifies the protections for persons reporting unprofessional conduct, and allows for greater input by persons who are not medical professionals. Section 1 changes the name of the ~Board of Medical Practice~ to the ~Board of Me ...more

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Keeley)
(Co-Sponsors: Sens.: Bunting: Bushweller: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Sokola: Venables: Booth: Bonini: Sorenson: Simpson: Cloutier: and: Connor: NewLine: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Jaques: J. Johnson: Q. Johnson: Kowalko: Longhurst: Mitchell: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Briggs King: Cathcart: Hudson: Oberle: D. Short: and: Thornburg: Blakey: Carey: Hocker: Kovach: Lee: Manolakos: Miro: Outten: Ramone: Wilson: Lavelle: and: Gilligan)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/034B9064945236788525773D005DA84BWed, 30 Jun 2010 11:49:19 -0400Delaware - Signed Legislation
This act increases the incentive for persons with a mandatory reporting obligation under the Medical Practice Act to comply with their obligation under that Act. Sections 1 and 2 of the bill give the Board of Medical Practice additional flexibility to impose appropriate fines by increasing the range of fines from a maximum of $5,000 to a maximum of $10,000 for a first violation and $50,000 for a subsequent violation. Sections 2 - 6 of the bill address the problem ...more

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Sens.: Blevins: Bunting: Bushweller: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Venables: Booth: Bonini: Simpson: Sorenson: Connor: and: Cloutier: NewLine: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Longhurst: Mitchell: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Briggs King: Cathcart: Hudson: Oberle: D. Short: Thornburg: Kovach: Manolakos: Miro: Outten: Ramone: Blakey: Carey: Wilson: Hocker: Lee: Lavelle: and: Gilligan)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/27C9E0E4C4C3B80C8525773D005C9B97Wed, 30 Jun 2010 15:36:22 -0400Delaware - Signed Legislation
This act promotes the reporting of child abuse and allegations of unprofessional practice by healthcare practitioners and institutions. Section 1 clarifies that the mandatory duty to report child abuse or neglect applies to all persons, and specifically includes institutions such as hospitals, nursing homes and the Medical Society. Sections 2 - 4 clarify that Delaware has one hot-line for all reports of abuse against children located within the Department of Services for Children, Youth and ...more

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Sens.: Blevins: Bushweller: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Venables: Sokola: Booth: Simpson: Sorenson: Connor: and: Cloutier: NewLine: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Longhurst: Mitchell: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Briggs King: Cathcart: Oberle: D. Short: Hudson: Thornburg: Blakey: Carey: Hocker: Kovach: Lee: Manolakos: Miro: Outten: Ramone: Wilson: Lavelle: and: Gilligan)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DD4C43332D5382D28525773D005D20A6Wed, 30 Jun 2010 11:48:20 -0400Delaware - Signed Legislation
This bill defines the Division of Professional Regulation as a ~criminal justice agency~ for purposes of Chapters 85 and 86 of Title 11. As a result, the Division will be provided greater access to information maintained by the State Bureau of Identification and Delaware Criminal Justice Information System (DELJIS). The Division will also be required to promulgate regulations mandating the Division’s reporting of certain information with respect to investigations and complaints that ...more

(Additional Sponsors: Rep. Mitchell, and Sen. Bushweller)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Gilligan: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Longhurst: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: Blakey: Briggs King: Carey: Cathcart: Hocker: Hudson: Kovach: Lavelle: Lee: Manolakos: Miro: Oberle: Outten: Ramone: D. Short: Thornburg: Wilson: and: Sens.: Booth: Cloutier: Sorenson: Blevins: Bunting: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Sokola: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/642BC22AC622EC9285257744004E9B64Wed, 30 Jun 2010 15:36:26 -0400Delaware - Signed Legislation
This Act implements one of the recommendations made in the Final Report of the Independent Review of the Earl Brian Bradley Case which was commissioned by the Governor and was issued on May 10, 2010. The Act clarifies who is in a “position of trust, authority or supervision over a child” and may therefore be subject to the enhanced penalties associated with the crimes defining sexual abuse of children. This Act also consolidates those provisions of the present criminal code concerning rape and ...more

(Additional Sponsors: Rep. Mitchell, and Rep. Schwartzkopf)
(Co-Sponsors: Sens.: Blevins: Bunting: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Sokola: Venables: Booth: Connor: Sorenson: Cloutier: NewLine: Reps.: Atkins: Barbieri: Bennett: Brady: Carson: George: Gilligan: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Longhurst: Mulrooney: Plant: Schooley: Scott: B. Short: Viola: Walls: D.E. Williams: D.P. Williams: and: Blakey: Briggs King: Carey: Cathcart: Hocker: Hudson: Kovach: Lavelle: Lee: Manolakos: Miro: Oberle: Outten: Ramone: D. Short: Thornburg: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1821F1C36F9066D6852577450052BA37Tue, 29 Jun 2010 11:47:43 -0400Delaware - Signed Legislation
This bill increases the penalties for carrying a concealed deadly weapon, when the weapon is a firearm, by reclassifying what is currently a class G felony as a class D violent felony. The bill also deletes a penalty provision that is unnecessary and duplicative, since any person previously convicted of a violation of section 1442 is also a person prohibited under section 1448 of Title 11. Furthermore, the bill makes corresponding changes to other statutes. 

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Rep.: Barbieri: and: Sens.: Blevins: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B6E582DF7B9C0487852575D20078AC90Tue, 29 Jun 2010 11:48:03 -0400Delaware - Signed Legislation
This bill requires school board members to receive training concerning special education due process hearings. 

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Barbieri: George: Jaques: J. Johnson: Keeley: Kovach: Lavelle: Ramone: Schooley: D.E. Williams: and: Sens.: Bonini: Cloutier: Hall-Long: Henry: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/13718A10EFF198A8852576AB004C94B6Tue, 29 Jun 2010 11:48:04 -0400Delaware - Signed Legislation
This bill provides for certain notice provisions concerning due process hearings involving children with disabilities relating to education of those children. Additionally, the bill provides that before a school district can appeal the decision of a due process hearing, a majority of the school board for such district must by affirmative vote decide to appeal. 

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Barbieri: George: Gilligan: Jaques: J. Johnson: Keeley: Kovach: Lavelle: Longhurst: Ramone: Schooley: Scott: Viola: D.E. Williams: and: Sens.: Ennis: Hall-Long: Henry: Katz: Sorenson: Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AF880711AFF12B80852576AB0058BE52Tue, 29 Jun 2010 15:36:22 -0400Delaware - Signed Legislation
This Bill amends the exception for agricultural and intrastate construction vehicles by postponing until 2022 the requirement that such vehicles be registered in accordance with their manufacturer’s gross vehicle weight rating, but provides in the interim that no new vehicles may be registered in excess of their manufacturer’s gross vehicle weight rating and provides for a gradual elimination of older vehicles from qualification for such excess weight registration. In addition, the bill amends ...more

(Additional Sponsors: Sen. Simpson, and Rep. Walls)
(Co-Sponsors: Sens.: Hall-Long: Bonini: and: Booth: NewLine: Reps.: Mitchell: Carson: Wilson: and: Carey)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3E7B7212E35464908525773C006A5BCAMon, 28 Jun 2010 11:47:42 -0400Delaware - Signed Legislation
This Act gives the Attorney General more options for enforcing the statute that regulates credit repair companies. The current provision provides only for injunctive relief in civil enforcement actions by the Attorney General. 

(Additional Sponsors: Sen. McDowell)
(Co-Sponsors: Reps.: Carson: Manolakos: Ramone: Viola: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C9164CDD6F283148852575CB00538E52Mon, 28 Jun 2010 15:35:58 -0400Delaware - Signed Legislation
This Bill is a result of recommendations made by the Joint Sunset Committee. This Bill renames the Dual Party Relay Advisory Committee the “Telecommunications Relay Service Advisory Committee” and specifies the members, the purpose and the functions of the Committee. 

(Additional Sponsors: Kowalko)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/31CA225E3268430F852575DF00477D93Mon, 28 Jun 2010 11:48:03 -0400Delaware - Signed Legislation
This Act makes a technical correction to the Delaware Code. In particular, during the First Session of the 145th General Assembly, the State Board of Education asked to be removed from oversight of the school bus regulations (HB 231 w/SA 1). This Act clarifies the scope of oversight for the design and operation of school buses by the Secretary of Education, with the advice of the Director of Division of Motor Vehicles (DMV). This Act also clarifies that the training provided for the S-endorsem ...more

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Carey: Jaques: Manolakos: Miro: Mitchell: Outten: Viola: and: Sen.: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5F71759D667037A08525770B00552A21Mon, 28 Jun 2010 15:35:37 -0400Delaware - Signed Legislation
This Bill amends Delaware’s Health Record Privacy Statute to allow protected health information to be released for specific health research purposes while still adhering to federal HIPAA regulations. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B836BE5534A7C0168525754D006EC790Mon, 28 Jun 2010 15:36:09 -0400Delaware - Signed Legislation
This Bill will create a State Civil Penalty Trust Fund. Currently, all sanctions which are imposed as a result of the surveys and complaint investigations of this Division are placed in the Long Term Care Residents Trust Fund which is governed by very restrictive federal regulations. It is not compulsory to put the revenue derived from State sanctions into the Long Term Care Trust Fund—but that has been our practice. By splitting the money, and creating a fund which receives civil ...more

(Additional Sponsors: Rep. Barbieri)
(Co-Sponsors: Sens.: Blevins: Marshall: McDowell: Ennis: Peterson: Sorenson: and: Reps.: Schooley: Viola: and: Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B235DE753893489C852576F0007050ECMon, 28 Jun 2010 11:48:01 -0400Delaware - Signed Legislation
During a February 2009 Federal Motor Carrier Safety Administration (FMCSA) commercial driver license (CDL) program compliance review, Delaware was found out of compliance for lacking the specific statutory authority to impose certain federally regulated CDL program requirements. This housekeeping bill statutorily brings Delaware into compliance with federal CDL regulations. 

(Additional Sponsors: Sen. Bushweller, Reps. Barbieri, Carson, Lavelle, Ramone, Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C5AD61E62DDFCC28852576E80047E88CWed, 23 Jun 2010 15:36:26 -0400Delaware - Signed Legislation
This Bill renames the Georgetown State Service Center as the Thurman Adams, Jr. State Service Center. 

(Additional Sponsors: Rep. Gilligan)
(Co-Sponsors: Sens.: Blevins: Bonini: Booth: Bunting: Bushweller: Cloutier: Connor: Cook: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Simpson: Sokola: Sorenson: Venables: NewLine: Reps.: Atkins: Barbieri: Bennett: Blakey: Brady: Briggs King: Carey: Carson: Cathcart: George: Hocker: Hudson: Jaques: J. Johnson: Q. Johnson: Keeley: Kovach: Kowalko: Lavelle: Lee: Longhurst: Manolakos: Miro: Mitchell: Mulrooney: Oberle: Outten: Plant: Ramone: Schooley: Schwartzkopf: Scott: B. Short: D. Short: Thornburg: Viola: Walls: D.E. Williams: D.P. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3EE03D9BAC772831852577440076ADFCTue, 22 Jun 2010 11:47:52 -0400Delaware - Signed Legislation
This bill amends section 2306 of Delaware’s probate code as it relates to distribution of the decedent’s personal estate without the grant of letters by the Register of Wills when the decedent’s personal estate is valued at less than $30,000 (“the small estate affidavit”). This bill (1) adds the named executor in a decedent’s will to the category of those persons eligible to distribute the decedent’s personal estate without the grant of letters, and (2) lists the named executor as having the f ...more

(Additional Sponsors: Sen. Henry, Rep. Wilson, Sens. Cloutier, Ennis, Bushweller)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/04FFB69769A13EBC8525768F00668BDBTue, 22 Jun 2010 11:47:57 -0400Delaware - Signed Legislation
This Act authorizes a sentencing court to modify, defer, reduce or suspend a minimum or mandatory sentence of one year of less if it finds the person to be sentenced has serious and ongoing medical treatment needs which make incarceration inappropriate and that the person does not pose a substantial risk to the community. The Department of Corrections has authority (11 Del. C. 4217) to request the modification of an inmate’s sentence based on medical illness or infirmity. This Act would give ...more

(Additional Sponsors: Sen. Ennis, and Sen. Henry, and Sen. Sorenson, and Sen. Venables)
(Co-Sponsors: Reps.: Barbieri: Kowalko: Plant: Schooley: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E1ACCE3A3B39B271852576DC006A0D4DTue, 22 Jun 2010 11:47:57 -0400Delaware - Signed Legislation
This legislation enables the Sussex County government to proceed in either Justice of the Peace Court or the Court of Chancery to compel connection of a property to an existing County Sanitary Sewer District. 

(Additional Sponsors: Rep. Schwartzkopf, and Sen. Bunting)
(Co-Sponsors: Reps.: Carey: Hocker: Lee: Outten: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6FD653DBB5B75DC7852576B2005DA33FTue, 22 Jun 2010 11:48:05 -0400Delaware - Signed Legislation
This act amends the municipal charter of the Town of Bethany Beach regarding penalties that may be imposed for violations of ordinances of the Town. First, the maximum amount of any penalty that may be imposed for each offense is increased from the present $500 to $1,500 in recognition of the fact the current ~cap~ has been in existence for over twenty years and is no longer an appropriate maximum penalty for the more serious violations of Town ordinances. Second, this act specifically authori ...more

(Additional Sponsors: Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/29536EE531BA14AE85257719005C000FThu, 17 Jun 2010 11:47:56 -0400Delaware - Signed Legislation
This bill would require courts, administrative tribunals, school districts, and schools to use the definition of “free and appropriate education” with respect to disabled children that has been enumerated for this region of the country by the United States Third Circuit Court of Appeals in Ridgewood Board of Education v. N.E., 172 F.3d 238 (3d. Cir. 1999). 

(Additional Sponsors: Sen. Sokola, Reps. Barbieri, Bennett, Jaques, J. Johnson, Kovach, Lavelle, Longhurst, M. Marshall, Mitchell, Mulrooney, Schooley, Scott, Walls, Wilson, Sens. Bunting, Cloutier, Hall-Long, Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C6D44790278E4541852576C800593D92Wed, 16 Jun 2010 11:48:03 -0400Delaware - Signed Legislation
This proposed tax credit intends to create incentives for existing businesses to partner with the State in the effort to create new employment opportunities for Delaware citizens, and to stimulate the Delaware economy by expanding the tax base. A finder’s fee, a tool used commonly by businesses, is an arrangement by which an intermediary finds, introduces, and brings together parties to a business opportunity. This bill creates a tax credit program that would award each Sponsor Firm ...more

(Additional Sponsors: Rep. B. Short, and Sen. Cook, and Sen. Cloutier)
(Co-Sponsors: Reps.: Atkins: Barbieri: Brady: Briggs King: Carey: Carson: Cathcart: George: Gilligan: Hudson: Jaques: Q. Johnson: Keeley: Kovach: Kowalko: Lavelle: Lee: Mitchell: Outten: Ramone: Schwartzkopf: Scott: D. Short: Viola: Walls: D.E. Williams: D.P. Williams: Wilson: and: Sens.: Blevins: Bunting: DeLuca: Hall-Long: Katz: Marshall: McDowell: Simpson: Sokola: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F72CEAB87272CC278525770D0045439ATue, 15 Jun 2010 15:35:37 -0400Delaware - Signed Legislation
This Act requires that all Delaware Psychiatric Center employees providing direct care to patients be subject to criminal background checks and drug testing. The drug testing provides for both pre-employment testing and testing where reasonable suspicion that an individual is impaired by an illegal drug exists. 

(Additional Sponsors: Sen. Henry, Rep. Cathcart, and Rep. Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F6497EEAC27A847A8525754D007887D0Tue, 15 Jun 2010 15:36:06 -0400Delaware - Signed Legislation
This change would make court costs for traffic offenses involving civil penalties governed by Justice of the Peace Court rule, consistent with the change to 9801 of title 10 that took effect earlier in the 145th General Assembly. 

(Additional Sponsors: Rep. Carson)
(Co-Sponsors: Sens.: Bushweller: Ennis: and: Reps.: Mitchell: Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/795E713051412D68852576B9006D7CADTue, 15 Jun 2010 11:47:58 -0400Delaware - Signed Legislation
This Act enables Delaware’s public libraries to respond to expanding demand for and use of wireless and mobile technologies while clarifying that the use of such devices is subject to the Delaware Children’s Internet Protection Act. The Act furthers the goal of protecting minors from viewing obscene materials on the Internet by requiring libraries to post notices advising patrons to follow acceptable use policies and place appropriate controls on personal mobile and computing devices. The Act ...more

(Additional Sponsors: Sen. Venables)
(Co-Sponsors: Reps.: Bennett: Carson: Jaques: Q. Johnson: Kowalko: Mitchell: Schooley: Schwartzkopf: Scott: Walls: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DAA604CFC839F88D852576E80071C500Tue, 15 Jun 2010 11:47:57 -0400Delaware - Signed Legislation
This charter change for the City of Seaford removes unnecessary language relating to the assessment of taxes on real property. 

(Additional Sponsors: Sen. Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/568A06B01FABCBCC852576EA0066CDD1Tue, 15 Jun 2010 11:49:08 -0400Delaware - Signed Legislation
This Bill Makes 9552 of Title 10, relating to Justice of the Peace Court civil judgment execution procedures, consistent with similar provisions applicable to Superior Court execution found in 5081 of the same title. Under this provision goods levied upon for the purpose of conducting a sale to satisfy all or part of a civil judgment remain available for three years. The duration of the lien or levy on chattel goods should be consistent in both the Justice of the Peace Court and Superior Cou ...more

(Additional Sponsors: Rep. D.P. Williams)
(Co-Sponsors: Sen.: Booth: Blevins: and: Rep.: Kowalko)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/33C08BF0C63A3108852576B9006EB110Tue, 15 Jun 2010 11:47:55 -0400Delaware - Signed Legislation
This Act recognizes a military service member’s executed Record of Emergency Data Form (DD Form 93) as a valid declaration instrument governing the disposition of the service member’s last remains in the event of death. Pursuant to Federal law (Section 564 of Public Law 109-163), military service members must execute a DD Form 93 designating a person authorized to direct disposition of their remains in the event of death. Service members must update the form annually and prior to any deploymen ...more

(Additional Sponsors: Rep. Bennett, and Rep. Jaques, and Sen. Ennis)
(Co-Sponsors: Reps.: Barbieri: Carson: Hudson: J. Johnson: Kovach: Kowalko: Lee: Miro: Mulrooney: Outten: Ramone: Scott: B. Short: Walls: Wilson: and: Sens.: Katz: Marshall: McDowell: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F21C4606D001271F852576B2005854BCTue, 15 Jun 2010 15:36:05 -0400Delaware - Signed Legislation
This Bill provides an exception to Title 21 registration requirements for certified emission technicians while testing vehicles in order to aid in passing inspections at DMV. It permits driving only during the on board diagnostic testing process, with a permit to be issued by the Department of Natural Resources. 

(Additional Sponsors: D.P. Williams, Sens. Bunting, and Katz, Reps. Outten, Kowalko, Hocker, Kovach, Lavelle, Carson, and D. Short)
(Co-Sponsors: and: Sen.: Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9CA8C674F11B10B7852576B200676AF0Tue, 15 Jun 2010 11:48:00 -0400Delaware - Signed Legislation
This Charter Amendment changes the election date from March to April. It also allows a recorded map to define the territory instead of metes and bounds, and requires 30 days instead of 20 to register to run for Mayor or Council. 

(Additional Sponsors: Sen. Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E4159309473F32EB852576F7006DC65CFri, 11 Jun 2010 11:47:59 -0400Delaware - Signed Legislation
Resident individuals and corporations are currently required to estimate, report, and pay the tax due on income, including gains recognized from the sale of real estate, in the quarter during which the sale occurs. This Bill will require nonresident persons, corporations or pass-through entities that sell real estate owned in this State to declare and pay their estimate of the tax due on the gain recognized from the sale before the deed will be recorded. The B ...more

(Additional Sponsors: Sen. DeLuca)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9C516FAB297C71AF852576F20046114AThu, 10 Jun 2010 11:48:02 -0400Delaware - Signed Legislation
This bill continues the practice of amending periodically the Delaware Revised Uniform 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, 3, 6, 11, 12, 13, 14, 15, 16, 17 and 18. Sections 1, 3, 6, 11, 12, 13, 14, 15, 16, 17 and 18 amend 15-102(2), 15-105(d), 15-120, 15-902(a), 15-902(b), 15-902(c), 15-902(e), 15-902(f), 15-902(g), 15-902(k) and 15-902 of the ...more

(Additional Sponsors: Sen. Blevins, Reps. Bennett, Carson, Hudson, J. Johnson, Kovach, Lavelle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/01A6F114258F975D8525770B004BC920Thu, 10 Jun 2010 11:48:02 -0400Delaware - Signed Legislation
Sections 1-3 and 16-17. These sections amend Sections 104, 111(a)(6), 114(b)(2), 262(b)(3), and 262(d)(2), respectively, to reflect new Section 267. Section 4. This section amends Section 132(b) to clarify that such subsection applies to registered agents for both domestic corporations and foreign corporations. Section 5. The amendment to Section 145(d) clarifies that the second sentence of the subsection, which requires that a determination that indemnification is proper be made by one of th ...more

(Additional Sponsors: Sen. Blevins, Reps. Bennett, Carson, Hudson, Kovach, Lavelle, Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BB33D5AEBBAF5BA08525770B004CCBB5Thu, 10 Jun 2010 11:49:07 -0400Delaware - Signed Legislation
This Bill would allow the Division of Child Support Enforcement to disburse support payments electronically, either by direct deposit to a bank account or to a stored value card, instead of by mailing checks. Provision is made for exceptions to this practice where disbursing payments to the child support obligee by electronic transfer is not feasible. 

(Additional Sponsors: Rep. Barbieri, Sens. Blevins, Ennis, and Bushweller, Reps. Viola, Schooley, Mitchell, J. Johnson, Bennett, Scott, Jaques, Hudson, D. Short, Hocker, and Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1B18FC96E8980139852576DA006AB417Thu, 10 Jun 2010 11:47:58 -0400Delaware - Signed Legislation
This bill recognized American Sign Language as a World Language for purposes of school curriculum. 

(Additional Sponsors: Sen. Hall-Long, Reps. Bennett, Carson, Jaques, Keeley, Kovach, Miro, Mitchell, Schooley, Scott, Kowalko, D.E. Williams, Sens. Blevins, Bushweller, Sokola, McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2AB150165C1C84C2852576AB004BF1B7Thu, 10 Jun 2010 11:48:02 -0400Delaware - Signed Legislation
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. Section 1. This section amends 17-101(12) of the Act to provide, in light of the decision of the Delaware Supreme Court in Olson v. Halvorsen, C.A. No. 1884 (Del. Supr. Dec. 15, 2009), which dealt with a limited liability compan ...more

(Additional Sponsors: Sen. Blevins, Reps. Bennett, Carson, Hudson, Jaques, Kovach, Lavelle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/97BED4E9665D2EA28525770B004A5CB6Thu, 10 Jun 2010 13:13:47 -0400Delaware - Signed Legislation
This bill adds new administrative powers to give the Director of Consumer Protection of the Department of Justice similar authority to what is provided to the Securities Commissioner in Chapter 73 of Title 6. Section 1 replaces 2517 of Title 29 with an abbreviated version. Enforcement powers previously contained in 2517 have been moved to 2525, 2527 and 2530 of Title 29. Section 2 clarifies the rulemaking authority of the Director of Consumer Protection and adds new administrat ...more

(Additional Sponsors: Sen. McBride, Reps. Brady, Hudson, Mitchell, Carson, Schooley, Mulrooney, J. Johnson, Sens. Henry, Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/30593846723E9506852576E100532B03Thu, 10 Jun 2010 15:36:08 -0400Delaware - Signed Legislation
This Act provides a clarifying amendment to 944 of Title 5 of the Delaware Code, and does not change the meaning of the existing statute. The Act clarifies that a schedule or formula providing for a maximum rate of interest under a revolving credit plan does not preclude a bank or licensed lender regulated by the State Bank Commissioner from charging or reserving the right to charge, by discretion or otherwise, a rate lower than any maximum rate provided for in any schedule or formula. The c ...more

(Additional Sponsors: Rep. B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/12872EE244A99C25852576EA00615EA0Thu, 10 Jun 2010 15:35:54 -0400Delaware - Signed Legislation
This Bill names the Dining Hall at the Baylor Women’s correctional Institution in honor of Hayward Roy, Jr. 

(Additional Sponsors: Rep. J. Johnson)
(Co-Sponsors: Rep.: Wilson: Plant)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D9CB99438E087845852575D7007ABB93Thu, 10 Jun 2010 11:47:38 -0400Delaware - Signed Legislation
This Act establishes certain enumerated regulations on automated telephone calls, often referred to as “robo calls”. 

(Additional Sponsors: Rep. Bennett, and Sen. Peterson, and Sen. Sokola)
(Co-Sponsors: Reps.: Jaques: Kowalko: Longhurst: Mitchell: Schwartzkopf)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/14806086D066BA3E852575A6004A6C18Thu, 10 Jun 2010 11:47:59 -0400Delaware - Signed Legislation
This Act makes the grey fox as Delaware’s state wildlife animal 

(Additional Sponsors: Sen. Ennis, Reps. Bennett, Brady, Mulrooney, Jaques, Scott, Viola, D.E. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3B70ACC1BC19DF4B852576F100725064Thu, 10 Jun 2010 10:03:59 -0400Delaware - Signed Legislation
A community developer, homeowner association, or other similar entity may not collect fees for an amenity that is not available for use by residents in a community development. A violation of this Act (Title 25, 317) may be enforced by the Attorney General as a violation of consumer law. 

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Carson: Jaques: Q. Johnson: Kovach: Mitchell: D. Short: Carey: Oberle: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9F4FE2B29D961F8B852576AA00743E2EThu, 10 Jun 2010 15:36:07 -0400Delaware - Signed Legislation
This Bill provides two exemptions from the use of cutoff luminaires on DelDOT lighting systems. The first is for lighting of interstates, expressways, freeways and interchanges where by the nature of the roadways and widths, proper illuminance is more difficult and expensive to achieve because significantly greater numbers of poles and fixtures can be required. The second is for maintenance of existing facilities, such as repairing or replacement of a fixture within a series of ligh ...more

(Additional Sponsors: Rep. Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/514957BC078F0A13852576E800651E3BThu, 10 Jun 2010 11:47:38 -0400Delaware - Signed Legislation
This act increases the maximum administrative assessment which may be imposed for red light camera violations from $75.00 to $110.00. 

(Additional Sponsors: Rep. J. Johnson, and Sen. Henry)
(Co-Sponsors: Reps.: Brady: M. Marshall: Plant: Schwartzkopf: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C1A22F9B67D040D5852575840072A3BDThu, 10 Jun 2010 11:47:55 -0400Delaware - Signed Legislation
This Bill requires disclosure by new home sellers of any fee obligations in the chain of title for the buyer. It also establishes that a violation of this section is enforceable as a violation of consumer law. 

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Carson: Jaques: Q. Johnson: Mitchell: D. Short: Carey: Kovach: Oberle: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D457654B577217EB852576AA007395B6Thu, 10 Jun 2010 11:48:02 -0400Delaware - Signed Legislation
This bill continues the practice of amending periodically the Delaware Limited Liability Company 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. Section 1. This section amends 18-101(7) of the Act to provide, in light of the decision of the Delaware Supreme Court in Olson v. Halvorsen, C.A. No. 1884 (Del. Supr. Dec. 15, 2009), that a limited liability company agreement is not subj ...more

(Additional Sponsors: Sen. Blevins, Reps. Bennett, Carson, Hudson, Kovach, Lavelle, Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DEA472AF691B14188525770B0048427CTue, 08 Jun 2010 12:25:31 -0400Delaware - Signed Legislation
This legislation establishes Universal Recycling in Delaware. It requires DSWA to cease collecting curbside recyclables by a date certain and requires the implementation of comprehensive residential and commercial recycling programs by municipalities and waste haulers. It establishes the Delaware Recycling Fund and the Recycling Grants and Low-Interest Program to defray the costs of implementation, and funds, with funding derived by the conversion of the current bottle deposit to a Recycling Fee ...more

(Additional Sponsors: Rep. Mulrooney, Sens. Blevins, Bunting, Cloutier, Katz, McDowell, Simpson, Peterson, Bushweller, and Sorenson, Reps. Keeley, Kovach, Kowalko, Miro, Ramone, Schooley, Viola, D.P. Williams, Jaques, and D.E. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8113D395F2D823B5852576F70073E022Sat, 22 May 2010 11:48:00 -0400Delaware - Signed Legislation
This Act is designed to update the Clayton Town Charter. Sections 1 and 2 of the bill amend Article III of the Charter, entitled “Structure of Government,” by specifying the circumstances under which a Council member may be excused from a Council meeting, and by providing that a Council member’s failure to attend three consecutive Town meetings without first being excused shall result in a vacancy of the Council member’s position. Sections 3-9 of the bill amend Article IV of the Charter, enti ...more

(Additional Sponsors: and Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/01089D85D191E189852576E1005641E1Fri, 21 May 2010 11:47:58 -0400Delaware - Signed Legislation
This Act clarifies the individuals who may lawfully solemnize marriages under Delaware law, providing that a minister or clergy persons of any religion, Judge of any Delaware court and Mayor of any incorporated town, within the limits such town, may solemnize a marriage between individuals who may lawfully enter into matrimonial relation. 

(Additional Sponsors: Sen. Katz)
(Co-Sponsors: Reps.: J. Johnson: D.P. Williams: and: Sen.: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DD65EC45E6194079852576E800799A36Fri, 21 May 2010 11:47:53 -0400Delaware - Signed Legislation
This bill provides that a person who stands in a position of trust, authority or supervision over a child who is at least 16 years old but not yet 18 years old and intentionally engages in sexual intercourse or sexual penetration with such child or an invitee or designee of such person shall have committed the offense of Rape in the 3rd degree which is a class B felony. This offense is currently Rape in the 4th degree which is a class C felony. 

(Additional Sponsors: Sen. Blevins, and Rep. Hudson, Reps. Schwartzkopf, Barbieri, Carson, Hocker, Jaques, Q. Johnson, Kowalko, Lavelle, Longhurst, Miro, Mitchell, Ramone, Walls, Brady, D. Short, Scott, D.E. Williams, Kovach, Wilson, Blakey, Oberle, Sens. Bushweller, Hall-Long, Katz, McDowell, Sokola, Cloutier, Ennis, Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D6A5FAF98356E33B85257696004A7F3BFri, 21 May 2010 11:47:38 -0400Delaware - Signed Legislation
This act authorizes and requires the Department of Services for Children, Youth and Their Families to conduct drug testing of its employees. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: M. Marshall: Schwartzkopf: Scott: and: Sen.: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A6AA0542FEE9219D8525757E006F656EFri, 21 May 2010 15:36:05 -0400Delaware - Signed Legislation
This Act codifies New Castle County’s authority to impose a surcharge on building permits for the fire service. The Legislature has previously authorized the imposition of a surcharge by Kent County, as is currently done by Sussex County and a number of local governments. 

(Additional Sponsors: Rep. Mitchell, Sens. Bushweller, Hall-Long, Connor, and McBride, Reps. Jaques, and Cathcart)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/41723922A284CCB0852576B200764BBAFri, 21 May 2010 10:33:00 -0400Delaware - Signed Legislation
This act deletes antiquated code provisions requiring churches and religious organizations to obtain a permit from a commission (composed of the Sheriff, County Council President and Clerk of the Peace of each respective county) to conduct camp meetings and outdoor religious meetings. 

(Additional Sponsors: Rep. Brady, and Sen. Katz)
(Co-Sponsors: Reps.: D.P. Williams: Wilson: and: Sens.: Ennis: Hall-Long: Henry: Bonini: Booth: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F2B1B1279B3A23C1852576E2006E393DFri, 21 May 2010 11:49:09 -0400Delaware - Signed Legislation
This act would protect voters email addresses from being disseminated outside of the Departments of Elections and establish a permanent absentee status for disabled voters and individuals eligible to vote under the provisions of the Uniformed and Overseas Citizen Absentee Voters Act (UOCAVA). It would also permit the State to better comply with the provisions of the Military and Overseas Voter Empowerment Act by providing more time between the withdrawal deadline and the date of the Primary. Th ...more

(Additional Sponsors: Sen. Bunting, and Rep. Jaques, and Rep. Brady)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9888A711ACB5BCDB852576F0006F0844Tue, 18 May 2010 11:48:00 -0400Delaware - Signed Legislation
This bill amends the Town of Felton Charter to implement a new length of elected term of office for members of the Town Council increasing the length of the term from two years to three years. This bill also amends the Town Charter by requiring that the Town use the State’s voter registration system as its source for registered voters. 

(Additional Sponsors: Sen. Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/035CFA2BE814B933852576F7006CA97ATue, 18 May 2010 11:47:52 -0400Delaware - Signed Legislation
Currently, if a person intentionally causes serious physical injury or physical injury to first responders such as a law enforcement officer or firefighter that person has committed the offense of assault in the first degree or assault in the second degree respectively. This bill includes emergency medical technicians, fire police, fire marshals and paramedics acting in the lawful performance of duty to the group of first responders listed as special victims for assault in the first degree ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Blakey: Carson: Cathcart: Hudson: Jaques: Q. Johnson: Kovach: Kowalko: Lee: Manolakos: Mitchell: Oberle: Outten: Ramone: Schwartzkopf: Scott: B. Short: D. Short: Thornburg: Walls: D.E. Williams: and: Sens.: Booth: Bunting: Ennis: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/86DC9C46A92871818525768500713C67Tue, 18 May 2010 11:49:05 -0400Delaware - Signed Legislation
This Bill brings Delaware into compliance with the Federal Motor Vehicle Safety Standards (FMVSS) which requires the front marker lights and the front reflectors of a vehicle to be amber, and the rear marker lights and the rear reflectors of a vehicle to be red. 

(Additional Sponsors: Rep. Mitchell, Sens. Henry, Sokola, Ennis, and Reps. Keeley, Lavelle, Hudson, Miro, Bennett, Wilson, Carey, and D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6F59EDC7885DBB1A852576A900739C67Tue, 18 May 2010 15:35:37 -0400Delaware - Signed Legislation
This Act would allow children who are leaving foster care to have access to the SEED scholarship, without the condition that they begin their higher education immediately after high school. This Act also allows them to attend school part-time. These exceptions are necessary because children aging out of foster care have the unique responsibility to support themselves and may not be able to follow the traditional timetable that children with the support of a more traditional family are able to ...more

(Additional Sponsors: Sen. Sorenson, and Rep. M. Marshall)
(Co-Sponsors: Bushweller: Sens.: Connor: Hall-Long: Henry: Peterson: Bunting: Sokola: Katz: and: Reps.: Barbieri: Bennett: Jaques: Q. Johnson: Lavelle: Keeley: Kowalko: Miro: Mitchell: Oberle: Ramone: Schooley: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/76C9C8E12DE33A758525754C0075F4AETue, 18 May 2010 11:47:55 -0400Delaware - Signed Legislation
This Act corrects a loop-hole in Delaware’s felony resisting arrest statute identified by the Delaware Supreme Court’s recent opinion in Watson v. State, No. 335, 2009 (January 6, 2010). In Watson, two probation and parole officers were injured by a defendant while trying to make an arrest for a probation violation. On appeal, the Delaware Supreme Court reversed Watson’s convictions for the felony offense of resisting arrest by force or violence under 1257(a) because the statute, by its expr ...more

(Additional Sponsors: Rep. Mitchell, and Rep. Schwartzkopf)
(Co-Sponsors: Reps.: Bennett: Briggs King: Carson: Hudson: Jaques: J. Johnson: Lee: Miro: Ramone: Scott: B. Short: Walls: Wilson: and: Sens.: Ennis: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B4E597ECBB51D454852576AB00620DE0Tue, 18 May 2010 15:35:48 -0400Delaware - Signed Legislation
Consistent with federal law, this bill protects up to $125,000 of a debtor’s equity in their principal residential home in a bankruptcy proceeding- 

(Additional Sponsors: Reps. Ramone, Keeley, Oberle, and Lavelle)
(Co-Sponsors: Rep.: Manolakos: and: Sen.: Bonini: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F77708DD8A13F58B852575C90054F683Tue, 18 May 2010 11:47:13 -0400Delaware - Signed Legislation
This bill increases the penalties for animal fighting, baiting, and attendance from a class F felony to a class E felony, and increases the penalties for being present where an exhibition of fighting and/or baiting is being prepared and knowing that the exhibition is about to take place from a class G felony to a class F felony. This bill also expands the penalty provisions to allow a court to order persons convicted under 1326 to attend mandatory counseling and/or psychological treatment, and ...more

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Reps.: Gilligan: Keeley: Kowalko: M. Marshall: D. Short: Oberle: and: Sen.: Bonini)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7EA210DED505B45E8525755B0051BA76Fri, 14 May 2010 09:08:45 -0400Delaware - Signed Legislation
This bill establishes and clarifies obligations to maintain, care for, and remove trees of the owner/landlord of a manufactured home community and tenants of such community. 

(Additional Sponsors: Rep. Longhurst)
(Co-Sponsors: Rep.: Schwartzkopf)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/788C4837AB7EF5C3852575830054FA85Fri, 14 May 2010 11:49:05 -0400Delaware - Signed Legislation
Currently there is not a crime of strangulation in Delaware~s criminal code.  Cases of strangulation have been prosecuted using the crime of assault or even the misdemeanor charge of offensive touching.  This Act recognizes the severity of the crime of strangulation by making it a stand-alone felony.  Strangulation is a leading indicator in domestic violence deaths. Delaware would become the 19th state with a strangulation felony law on the books. 

(Additional Sponsors: and Rep. Bennett, Sen. Sorenson, and Rep. Hudson)
(Co-Sponsors: Booth: Bushweller: Sens.: Ennis: Hall-Long: Henry: Katz: Marshall: Peterson: Sokola: Bonini: and: Reps.: Carson: Cathcart: Jaques: Q. Johnson: Keeley: Kovach: Lavelle: Mitchell: Mulrooney: Oberle: Ramone: Schooley: Schwartzkopf: Scott: D. Short: Viola: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0B67FCDA6C2533808525768F00607ED4Fri, 14 May 2010 11:47:54 -0400Delaware - Signed Legislation
This bill amends Title 25, section 7006 to clarify the terms “standing water” and “stagnant water”. 

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Atkins: Carson: Q. Johnson: Kowalko: Schwartzkopf: Walls: and: Sen.: Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/59EF14CE6A66173A852576A8004CA49CFri, 14 May 2010 15:36:06 -0400Delaware - Signed Legislation
This Act codifies much of the current local practice by the police and the Justice of the Peace Court when handling defendants who are under the influence of alcohol or drugs or who have to be hospitalized at the time of arrest on serious charge and are unable to appear for presentments. For those defendants who are hospitalized, the transfer of custody provided for in this Bill allows the arresting officer to return to patrol or other public safety duties in a more timely manner, while allowin ...more

(Additional Sponsors: Rep. Mitchell)
(Co-Sponsors: Sen.: Ennis: and: Rep.: J. Johnson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/788E7D5F6959FECB852576B9006BF0D2Fri, 14 May 2010 10:32:47 -0400Delaware - Signed Legislation
This Act creates the Delaware Aging and Disability Resource Center within the Division of Services for Aging and Adults with Physical Disabilities of the Department of Health and Social Services, replacing the current Elder Care Information and Support System for Delaware Families. The Aging and Disability Resource Center will provide support for the elderly and adults with physical disabilities by combining existing Alzheimer’s specific information into the program and supporting future Federa ...more

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: Atkins: Briggs King: Carey: Carson: Cathcart: Gilligan: Hocker: Hudson: Jaques: J. Johnson: Q. Johnson: Kovach: Kowalko: Lee: Manolakos: Miro: Oberle: Outten: Ramone: Schwartzkopf: D. Short: Walls: D.E. Williams: Wilson: and: Sens.: Hall-Long: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6FD780B62DE9E18E852576F000645AC9Thu, 13 May 2010 11:47:40 -0400Delaware - Signed Legislation
This act designates strawberries as the official State fruit. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Bennett: Brady: Carson: Q. Johnson: Mitchell: Scott: B. Short: Walls: D. Short: Carey: Hudson: Lee: Manolakos: Outten: Ramone: Thornburg: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F3D04F8C12FB8D59852575CA005447E1Thu, 06 May 2010 15:36:08 -0400Delaware - Signed Legislation
This Bill establishes the pilotage rates for the Pilot’s Association for the Bay and River Delaware for 2011, 2012 and 2013. 

(Additional Sponsors: Rep. Gilligan)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EC98354D15AC4695852576EF0067D408Mon, 03 May 2010 11:47:58 -0400Delaware - Signed Legislation
This bill is a comprehensive set of amendments to many sections of the General Corporation Law of the State of Delaware (“DGCL”), and to Chapter 5 of Title 8, to clarify, fill gaps in, and make consistent the DGCL’s application to corporations that are not authorized to issue capital stock, commonly known as nonstock corporations. For historical reasons, the DGCL has not comprehensively addressed nonstock corporations. Since Delaware now has approximately 18,000 registered nonstock corporation ...more

(Additional Sponsors: Sen. Blevins, Rep. Kovach)
(Co-Sponsors: Reps.: Bennett: Carson: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4D646CC6907AFC22852576EE00703206Mon, 03 May 2010 11:47:54 -0400Delaware - Signed Legislation
This legislation amends chapter 69 of title 18 of the Delaware Code by adding two types of captive insurance companies to those that can currently be licensed in Delaware. The two new forms of captive insurance companies are “agency captive insurance companies” and “branch captive insurance companies.” Agency captive insurance companies are reinsurance companies owned by insurance agents or brokers who underwrite and place insurance policies for conventional insurance companies. In ...more

(Additional Sponsors: Sen. Blevins, Rep. Bennett, Sens. Cloutier, Ennis, Henry, Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2C3AF3584C8D59A3852576B0004BCE03Mon, 03 May 2010 15:36:03 -0400Delaware - Signed Legislation
This Charter change adds the term “forfeitures” as creating a vacancy. Forfeitures are then defined and the procedures to determine a forfeiture are established. 

(Additional Sponsors: Rep. Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4961E9FF0397BC66852576A90075B1C4Mon, 03 May 2010 11:47:54 -0400Delaware - Signed Legislation
This Act allows the chief executive of a county or municipality to appoint animal control agents as constables. House Bill 233 of the 145th General Assembly transferred administrative powers and duties relating to dogs and dog control to the counties effective January 1, 2010. This Act is necessary to provide the counties with authority to enforce their respective ordinance pertaining to dogs and dog control. Pursuant to the Act, animal control constables are granted the same authority as oth ...more

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Ramone: B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F70C7663939EC4F2852576AB005910EEThu, 29 Apr 2010 11:47:45 -0400Delaware - Signed Legislation
This bill amends the Town Charter of the Town of Bowers by conferring upon the Tax Collector the powers of the Receiver of Taxes as found in 9 Del.C. Chapter 87 for the purpose of collecting delinquent taxes. This bill also grants the Town the specific authority to regulate golf carts. 


]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C21810C4DD955A83852575D700574407Tue, 27 Apr 2010 15:36:09 -0400Delaware - Signed Legislation
This Bill modifies 3122 and repeals 3122A, Title 20 of the Delaware Code due to the lack of participation by retired Troopers in the State Police Ready Reserve program. 

(Co-Sponsors: Sens.: Ennis: Bushweller: and: Reps.: Schwartzkopf: Lee: Mitchell: and: Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/003C622DEF77D9F7852576F0006BEA78Tue, 27 Apr 2010 11:47:35 -0400Delaware - Signed Legislation
This bill requires the Department of Health and Social Services to adopt regulations that require at least one hour of training annually for certified, licensed, or registered healthcare providers, as well as for healthcare providers who are partially or fully funded by the State, who provide services to persons diagnosed as having Alzheimer’s disease or other forms of dementia, or with mental illness. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Carson: Mitchell: Cathcart: D. Short: Carey: Hocker: Lavelle: Outten: Wilson: and: Sens.: Bunting: Simpson: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D31E486777F73895852575A5004E8CB0Tue, 27 Apr 2010 11:47:52 -0400Delaware - Signed Legislation
This bill eliminates the offices of Kent County Receiver of Taxes and County Treasurer, and Kent County Comptroller and transfers the functions of those offices to the Kent County Department of Finance. 

(Additional Sponsors: Rep. Scott, and Sen. Bushweller)
(Co-Sponsors: Reps.: Blakey: Q. Johnson: Outten: Thornburg: Walls: and: Sen.: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9BF109AC0D146F4D852575E0004BCD6ATue, 27 Apr 2010 15:36:03 -0400Delaware - Signed Legislation
This Bill implements the recommendations from the Heavy Vehicle Weight Law Task Force that was created by Senate Bill 56 of the 145th General Assembly. The recommendations include modifications to the registration of heavy vehicles, enforcement of heavy vehicle weight laws, and it expands the radius of travel for the Farm Vehicles engaged in agricultural activities. The recommendations were derived by a unanimous vote of the task force which included representatives from all affected indu ...more

(Additional Sponsors: Sen. Bushweller, and Rep. Mitchell, Reps. Jaques, Thornburg, Walls, Carey, Carson, Wilson, Sen. Booth)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/799633F261E7F84E852576A400743E91Tue, 27 Apr 2010 15:35:44 -0400Delaware - Signed Legislation
This Act exempts from taxation by local government real property owned by Sussex County Habitat for Humanity, Central Delaware Habitat for Humanity and Habitat for Humanity of New Castle County, as long as such property is not held for purposes of investment. 

(Additional Sponsors: Rep. Keeley, Reps. Barbieri, Jaques, Hocker, Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D65150E376F7BADE852575AD00733781Tue, 27 Apr 2010 11:47:56 -0400Delaware - Signed Legislation
This Act is intended to encourage governmental and/or private donations to volunteer fire departments by ensuring that any entity that donates “qualified fire control or rescue equipment” to the volunteer fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation unless such person’s action or omission causing the harm constituted gross negligence or intentional conduct. 

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Bennett: Carson: Cathcart: Gilligan: Hocker: Hudson: Jaques: Q. Johnson: Longhurst: Mitchell: Outten: Viola: Walls: Wilson: and: Sens.: McBride: Bushweller)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CB06CAC48B70BD3B852576B100588CFAWed, 14 Apr 2010 10:29:05 -0400Delaware - Signed Legislation
This Act directs the Secretary of Finance to develop the means by which individuals can deposit their State income tax return directly into a Delaware College Investment Plan account. 

(Additional Sponsors: Sen. Sokola, Reps. Atkins, Bennett, Cathcart, Gilligan, Hudson, Kowalko, Longhurst, Manolakos, Mitchell, Oberle, Ramone, Scott, D. Short, Viola, Sens. Cook, Booth, Bushweller, Simpson, Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/72E5A019E939DAC0852576D200644D74Fri, 09 Apr 2010 11:47:51 -0400Delaware - Signed Legislation
In the spirit of the federal Prison Rape Elimination Act, this bill addresses and eliminates an unintended chilling effect on the reporting of sexual assaults and other sexual offenses which may occur at the State’s detention facilities. The current statute criminalizes conduct for both the victim and perpetrator, likely causing such crimes to be underreported out of fear of criminal prosecution. This Act changes the statute to impose criminal liability solely on employees, visitors, contract ...more

(Additional Sponsors: Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4A9677B90B765EB1852575E4006CE5A6Thu, 08 Apr 2010 11:47:45 -0400Delaware - Signed Legislation
The Act clarifies language relating to registration of a home owner association with the Relocation Trust Authority, clarifies the delivery and content of the notice of right of first offer, clarifies language in the model bylaws, and establishes that if a home owner association meets an offer higher than a counter-offer made by the home owner association for the community the home owner association may purchase the community at that price. 

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/09307FD8BE3992F1852575D700599DA7Thu, 08 Apr 2010 11:47:49 -0400Delaware - Signed Legislation
This Act grants the Department of Natural Resources and Environmental Control authority to restrict, or define by regulation, the type of fishing activities permitted within the geographic boundaries of the artificial reef sites in the Delaware Bay and ocean waters under Delaware jurisdiction. This regulatory authority is necessary to prevent certain types of commercial fishing from interfering with the ability and opportunity for sport fishing. Delaware’s artificial reef sites were built, and ...more

(Additional Sponsors: Sen. Venables, and Sen. McBride)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E3DE50A0CB4FBEDD852575DE006E1195Thu, 08 Apr 2010 11:47:27 -0400Delaware - Signed Legislation
This act implements changes requested by the Delaware Open Space Council. Pursuant to the Act, responsibility for reviewing and recommending projects for funding from the Conservation Trust Fund is transferred from the Delaware Open Space Council to the Parks and Recreation Council. This bill also enacts language to assure that the respective councils have authority to recommend that DNREC adopt rules and regulations necessary to perform their statutory responsibilities. 

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Sen.: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/701DB277C1F8676D8525757E00547014Thu, 08 Apr 2010 11:47:56 -0400Delaware - Signed Legislation
This Act eliminates a reference to a code section which no longer regulates court costs in the Justice of the Peace Court costs. Legislation passed earlier in the 145th General Assembly (Senate Bill No. 37) authorized the Justice of the Peace Court to establish court costs by court rule, subject to the approval of the Chief Justice. 

(Additional Sponsors: Sen. McDowell, Rep. Brady, Sens. Blevins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3A931A8CA904FCB1852576B90074A714Thu, 08 Apr 2010 11:47:41 -0400Delaware - Signed Legislation
This bill eliminates the requirement that a person display a hunting or fishing license in a manner that is “plainly visible” as long as the person possesses the license on their person. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Atkins: Bennett: Booth: Carson: Mulrooney: Oberle: and: Sen.: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BD1739B8D63DB0A6852575D100764EB2Tue, 06 Apr 2010 11:49:30 -0400Delaware - Signed Legislation
This Senate Joint Resolution honors the memory of Ensign Henry Clay Drexler, Sussex County’s only recipient of the Congressional Medal of Honor, and his brother, Commander Louis A. Drexler, Jr., a fallen hero of World War II. It further respectfully requests that the members of Delaware’s Congressional Delegation take such steps as may be necessary to have Ensign Drexler jointly accredited to the States of Pennsylvania and Delaware as a recipient of the Congressional Medal of Honor, rather than ...more

(Additional Sponsors: Rep. Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E992834787072208852576EF00706DB4Wed, 31 Mar 2010 15:35:56 -0400Delaware - Signed Legislation
This Bill prohibits the use of the title nurse unless such person is a registered nurse or a licensed practical nurse. It also includes limits, titles and abbreviations for advanced practice nurses as well. This Bill will provide needed protection for the public. 

(Additional Sponsors: Rep. Jaques)
(Co-Sponsors: Sens.: Bushweller: Cloutier: and: Rep.: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9D20A37F81D57DBF852575D9006426F5Wed, 31 Mar 2010 11:47:55 -0400Delaware - Signed Legislation
This act amends the reporting date of the Video and Sports Lottery Commission (currently April 15, 2010) to account for the State’s appeal of the 3rd Circuit Court of Appeals’ decision restricting Delaware’s sports lottery solely to multi-game (parlay) wagers on NFL football games. 

(Additional Sponsors: Sen. Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EDD2B0A11F079314852576B8006CE514Thu, 25 Mar 2010 11:47:13 -0400Delaware - Signed Legislation
This Bill clarifies that a representative from the Delaware Health Care Facilities Association is being added to the Hospital Infection Advisory Board. 

(Additional Sponsors: Sen. Connor, and Sen. Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AA236CF440B3A0CD8525756F00509ADETue, 23 Feb 2010 11:47:42 -0400Delaware - Signed Legislation
This Act would allow the calculation of a retiree’s final average compensation so that it does not result in a loss of pension due to mandatory leave without pay (furlough). 

(Additional Sponsors: Rep. Scott, and Sen. Ennis, and Sen. Bushweller)
(Co-Sponsors: Reps.: Carson: Jaques: Mitchell: D. Short: Walls: D.E. Williams: D.P. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1D697D11DFC98A3F852575D1005C0F37Thu, 04 Feb 2010 11:47:50 -0400Delaware - Signed Legislation
This Bill allows the Colonial School District to convey the Commodore MacDonough Property to the Delaware City Fire Company. The Commodore MacDonough Property is not needed for school purposes, and the conveyance will allow the Commodore MacDonough Property to be used for purposes beneficial to residents of the Towns of Delaware City and St. Georges. 

(Additional Sponsors: Rep. Mulrooney, and Sen. Ennis)
(Co-Sponsors: Rep.: Longhurst: and: Sen.: Connor)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A1468B1CFD04ED2F852575D8006C6491Wed, 03 Feb 2010 11:47:47 -0400Delaware - Signed Legislation
This Act increases, from $34.50 to $65.00, the filing fee assessed by the Superior Court in connection with an application for a license to carry a concealed deadly weapon. The Act also extends the term of validity for new licenses from 2 to 3 years and the term of validity for renewal licenses from 3 to 5 years. Increasing the fees for licenses, as well as the period for which such licenses are valid, will enhance efficiency and preserve resources by reducing the frequency with which the Supe ...more

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Carson: Gilligan: Mulrooney: Schwartzkopf: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B6A256EC89B645D6852575D9007B87EAMon, 01 Feb 2010 11:47:45 -0400Delaware - Signed Legislation
This bill, amends the notice requirements for school districts conducting elections pursuant to Title 14, Chapters 10, 19, 20, and 21. It also provides a deadline for a school district to return voter affidavits if given to it and makes voting twice in a school election a crime. It would clarify the content of the notice to be posted by school districts conducting referenda to raise local taxes and/or issue local bonds and authorizes the Department of Elections to cancel an election to raise l ...more

(Additional Sponsors: Sen. Blevins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D3D43932BF1C17FA852575C8004A3AC5Mon, 01 Feb 2010 11:47:46 -0400Delaware - Signed Legislation
This bill would require a pharmacy to provide to a person who requests their pharmacy records to be provided such records. In addition, the bill requires the pharmacy to follow the pharmacy’s standard protocol, when producing the records, to ensure confidentiality of the records. 

(Additional Sponsors: Sen. Katz)
(Co-Sponsors: Reps.: Barbieri: Bennett: Brady: Carson: Gilligan: J. Johnson: Q. Johnson: Kovach: Kowalko: Lavelle: M. Marshall: Mitchell: Mulrooney: Plant: Ramone: Schwartzkopf: B. Short: Viola: D.E. Williams: D.P. Williams: and: Sens.: McDowell: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0591F9DD56891268852575D20052ACF4Mon, 01 Feb 2010 11:47:45 -0400Delaware - Signed Legislation
This act updates obsolete language and procedures, revises procedures to make the conduct of elections more effective and efficient, and removes conflicting provisions. The act includes several substantive changes. It would permit registered voters who have moved and not updated their addresses to vote at either their new or old election districts after updating their record. It authorizes the state election commissioner to develop procedures to streamline election day activities. It refines pre ...more

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: J. Johnson: Plant)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1AAF9361A7E3A731852575C5006F2D11Mon, 01 Feb 2010 11:47:53 -0400Delaware - Signed Legislation
This bill allows the Register of Wills for each county to post notice of the opening of a decedent’s estate on the county website, in the courthouse or both. This bill does not change the requirement that notice shall be published in the newspaper. 

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Carson: Jaques: Q. Johnson: Mitchell: Walls: and: Sens.: Bonini: Bunting: Ennis: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DD96F396C3350C5E85257681004A4894Mon, 01 Feb 2010 15:35:41 -0400Delaware - Signed Legislation
This Bill provides an exemption from activities considered within the scope of nursing for assisting HIV/AIDS patients residing in residential group homes with self administration of medication, provided the person has successfully completed a Board-approved medication training program. This Bill would enable CNA’s to perform this needed function. 

(Additional Sponsors: Sen. Henry, and Rep. Brady, and Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/167973DD3B2E48E08525758B00719218Mon, 01 Feb 2010 16:15:28 -0400Delaware - Signed Legislation
This Act provides the Milford school district flexibility in transferring capital funds and changes project namesand provides authority for the Department of Transportation to issue $125 million in GARVEE bonds, speeds up permitting requirements for Delaware Tech’s Energy House, modifies drainage provisions for Resource Conservation and Development projectsand provides for a one-time reimbursement from video lottery agents and provides for energy performance contracting. Author: Joint Legislative Co ...more

(Additional Sponsors: Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/73871A280AA07970852576B8005738A9Mon, 01 Feb 2010 15:36:03 -0400Delaware - Signed Legislation
This Act amends Section 8059 of Title 29, which created Delaware’s Sustainable Energy Utility (“SEU”). The SEU is serving as a national model and has placed Delaware at the forefront of sustainable/green energy initiatives. The SEU intends to partner with the State, state agencies, local governments, and school districts to increase the energy efficiency of buildings and create other green energy initiatives that are designed to save the State, state agencies, local governments, and school di ...more

(Additional Sponsors: Rep. Longhurst, and Rep. Thornburg)
(Co-Sponsors: Sen.: Katz: and: Reps.: Brady: Kowalko: Kovach: B. Short: D.E. Williams: Q. Johnson: Barbieri: Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F975C22DB5CEBB96852576A40066A06DMon, 01 Feb 2010 11:47:38 -0400Delaware - Signed Legislation
This bill requires all independent unlicensed clinical social work practitioners in Delaware to obtain a license for the continued practice of social work. This bill does not apply to clinical social work practitioners whose sole source of employment or income is through an agency of the state or federal government.

(Additional Sponsors: and Sen. Hall-Long)
(Co-Sponsors: Reps.: Plant: Schooley: B. Short: and: Sen.: Blevins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/FDA499AE3528E769852575C200738B0AMon, 01 Feb 2010 11:47:43 -0400Delaware - Signed Legislation
This Act permits business entities to offer architectural services through professionals registered with the Board after obtaining a certificate of authorization. The requirements of the Act are similar to those in existence regarding the practices of accountancy and landscape architecture. The Act also increases the civil penalties that may be imposed by the Board from $2,500 to $5,000 for first offense and from $5,000 to $10,000 for subsequent offenses. 

(Additional Sponsors: Sen. McDowell, and Sen. Sokola)
(Co-Sponsors: Reps.: Brady: Carson: J. Johnson: Barbieri: Bennett: Gilligan: Jaques: Mitchell: Mulrooney: Plant: B. Short: Viola: D.E. Williams: D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A0C79649BDE851CC852575D20068676EMon, 01 Feb 2010 15:36:04 -0400Delaware - Signed Legislation
This Bill strengthens certain Delaware criminal statutes applicable to conduct that may occur in a table gaming environment. Section 1. This amendment to the definition for ~cheating device~ broadens the scope of that definition to include cheating devices applicable to table games. The new definition includes cards or dice that have been marked, loaded or tampered with, and clarifies that cheating devices may be mechanical, electromechanical, electronic, photographic or computerized in natur ...more

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Sens.: Blevins: Henry: Cook: Sorenson: Bushweller: Ennis: Katz: and: Reps.: Gilligan: Longhurst: Cathcart: D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A41862BC2F574986852576AB00748946Thu, 28 Jan 2010 11:47:54 -0400Delaware - Signed Legislation
This bill authorizes the introduction and operation of table games by the Delaware Lottery at licensed video lottery agents. Like the video lottery, the table games would be offered on the premises of Delaware~s video lottery agents. The Delaware Lottery would determine which table games would be played and establish regulations for the effective management of the games. Proceeds from the operation of the Delaware Lottery would be paid to the Delaware Lottery, which wo ...more

(Additional Sponsors: Rep. Viola, and Sen. DeLuca, Reps. Gilligan, Q. Johnson, Mulrooney, Carson, J. Johnson, Barbieri, Kowalko, Scott, Longhurst, Brady, Mitchell, Cathcart, D. Short, Kovach, Hudson, Ramone, D.P. Williams, Sens. Blevins, Henry, Cook, Bushweller, Hall-Long, Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EEB729BF5B060455852576AB00655AB2Thu, 28 Jan 2010 11:47:53 -0400Delaware - Signed Legislation
Current Federal regulations will not allow group home operators, funded by the Division of Developmental Disabilities Services (DDDS), to be billed by DDDS for use of Fleet Services vehicles. Federal regulations instead require that group home operators contract directly with Fleet Services. This statutory change will allow Delaware to continue to receive $1 million to $1.25 million a year in Federal funds to provide services to people with developmental disabilities. 

(Additional Sponsors: and Rep. Viola, and Sen. Henry)
(Co-Sponsors: Reps.: Brady: Jaques: Q. Johnson: Kovach: Kowalko: Longhurst: Manolakos: Schooley: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/179AACFDB51986EC852576AA006A18D8Wed, 27 Jan 2010 11:47:32 -0400Delaware - Signed Legislation
This bill provides that an automobile insurance policyholder transferred between authorized insurers within the same insurance group is not a cancellation or nonrenewal if the premium is not increased and coverage is not reduced. The policyholder must be notified of the transfer in writing. 

(Additional Sponsors: Rep. D. Short, and Sen. Sokola)
(Co-Sponsors: Reps.: Hudson: Kowalko: M. Marshall: Mitchell: Oberle: and: Sens.: Blevins: Ennis: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4DA1E3F3CD89EBA28525759300754021Tue, 26 Jan 2010 11:47:52 -0400Delaware - Signed Legislation
This bill confirms existing statutes and practices related to the administration of the corporation franchise tax. 

(Additional Sponsors: Sen. Blevins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/31955437B577DC4B852576A3006956D8Tue, 26 Jan 2010 11:47:40 -0400Delaware - Signed Legislation
This bill makes a series of amendments to Chapter 44, Title 18 of the Delaware Code with the intent of implementing changes to the Delaware Life And Health Insurance Guaranty Association Act to ensure in a liquidation of a life and/or health insurance company licensed in Delaware that procedures are in place to ensure an organized liquidation of such company with the appropriate protections for the policyholders of such company. 

(Additional Sponsors: Sen. McDowell)
(Co-Sponsors: Reps.: Bennett: Carson: Ramone: D. Short: and: Sen.: Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2F8FFC6D9B29F2D9852575C900642D5FTue, 06 Oct 2009 11:47:38 -0400Delaware - Signed Legislation
This act permanently designates the Friday before Mother’s Day of each year as Military Spouse Appreciation Day. 

(Additional Sponsors: Rep. Bennett, and Sen. Bushweller)
(Co-Sponsors: Reps.: Atkins: Barbieri: Booth: Brady: Carson: Cathcart: Hocker: Hudson: Jaques: Keeley: Kowalko: Lavelle: Lee: Miro: Mitchell: Mulrooney: Schooley: B. Short: D. Short: Wilson: and: Sens.: Ennis: Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/93E5A77D7D2E8804852575B50069D7FAMon, 05 Oct 2009 11:47:44 -0400Delaware - Signed Legislation
This Bill clarifies that the Debt Management Services Act is intended to regulate providers who negotiate terms or concessions related to an individual’s unsecured debt. Businesses offering to negotiate modification of mortgage loans on behalf of individuals with homes in foreclosure are required to comply with provisions of the “Mortgage Rescue Fraud Protection Act” in 6 Del. C. Chapter 24B. 

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: Carson: Gilligan: Lavelle: Manolakos: Viola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8616249249F57DC0852575CB00528FDBMon, 21 Sep 2009 11:48:59 -0400Delaware - Signed Legislation
This bill prepares Delaware for a new technology, grid-integrated electric vehicles with vehicle-to-grid power. This technology provides electrical storage and other services to the gridand it does not generate new power and thus over time will not receive a net credit due to net metering. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sen.: McDowell: Sokola: Sorenson: and: Rep.: Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5EC44E11FB0A0D25852575D00051FD19Thu, 17 Sep 2009 15:35:46 -0400Delaware - Signed Legislation
This Bill amends the Freedom of Information Act to take advantage of current technology by permitting members of certain public bodies to participate in a meeting using video-conferencing under certain conditions. Public bodies, other than elected public bodies, would be permitted to conduct meetings by video-conferencing. For example, school boards would not be permitted to conduct meetings by video conferencing. The meeting would be held in multiple public places with video-conferencing cap ...more

(Additional Sponsors: and Rep. Scott)
(Co-Sponsors: Sen.: Sorenson: and: Rep.: Lavelle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C6FC8942574B1881852575B4006FA267Fri, 04 Sep 2009 10:37:30 -0400Delaware - Signed Legislation
This bill creates a tax check-off for Delaware taxpayers to designate contributions to the Delaware Chapter of the National Multiple Sclerosis Society Fund. The use of contributions will be restricted locally by the Delaware Chapter to benefit Delaware residents. 

(Additional Sponsors: Sen. Blevins, and Sen. Peterson, and Sen. Hall-Long)
(Co-Sponsors: Reps.: Barbieri: Bennett: Carson: Jaques: J. Johnson: Q. Johnson: Keeley: Kovach: Kowalko: Manolakos: M. Marshall: Plant: Schooley: Scott: Ramone: Walls: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7CA14DEE966A228D852575C4005C9783Tue, 01 Sep 2009 11:47:43 -0400Delaware - Signed Legislation
This bill creates a tax check-off for Delaware taxpayers to designate donations to the Delaware Ovarian Cancer Education and Research Fund. 

(Additional Sponsors: Rep. Keeley, and Sen. Venables, and Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Bennett: Carey: Carson: Cathcart: Jaques: J. Johnson: Q. Johnson: Hocker: Hudson: Kovach: Kowalko: Lee: Longhurst: Manolakos: Miro: Mitchell: Outten: Plant: Ramone: Schooley: Scott: Schwartzkopf: D. Short: Thornburg: D.P. Williams: Wilson: and: Sens.: Bunting: Ennis: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C23D29781E75A1278525754C006F3526Tue, 01 Sep 2009 13:36:29 -0400Delaware - Signed Legislation
The Act makes several changes to the Delaware National Guard Educational Benefits program. Section 1 requires State-supported institutions to charge members the in-state rate for tuition and fees regardless of the members’ state of residence. Sections 2 and 3 make changes to allow members to pursue master’s degree programs. Section 4 allows members to receive a grade less than a 2.0 on an individual course, but requires members to maintain a cumulative grade point average of 2.0 or higher in ...more

(Additional Sponsors: Rep. Brady, and Sen. Cook)
(Co-Sponsors: Reps.: Bennett: Hudson: M. Marshall: Mitchell: Ramone: and: Sens.: Connor: Hall-Long: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/08DBE5C6F7AC868785257559004A4B95Thu, 27 Aug 2009 11:47:32 -0400Delaware - Signed Legislation
This Bill extends Delaware’s Childrens’ Health Insurance Program (CHIP) to include reduced-cost health insurance coverage for children of families with personal incomes above 200 percent of the Federal Poverty Level. However, a cost-sharing program is to be implemented under CHIP whereby payments, as determined by DHSS, must be paid on behalf of the child for such careand notwithstanding the above, the cost-sharing provision of the bill is designed to have the new program impose no cost whatsoever on th ...more

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Bennett: Blakey: Cathcart: Gilligan: Jaques: Keeley: Kovach: Kowalko: Lavelle: Longhurst: Manolakos: M. Marshall: Miro: Mitchell: Oberle: Ramone: Schwartzkopf: Scott: B. Short: D. Short: and: Sens.: Bushweller: Cloutier: Connor: Hall-Long: Peterson: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4A1ECD1BD35656A0852575A700648B79Thu, 27 Aug 2009 11:47:39 -0400Delaware - Signed Legislation
This Act requires that private health insurers in Delaware cover the developmental screenings for infants and toddlers that are recommended by the American Academy of Pediatrics and the Delaware Early Childhood Council. Such screenings are already covered for children in the state’s Medicaid program. The estimated cost to policyholders of covering these screenings is three cents per member per month. 

(Additional Sponsors: and Rep. M. Marshall, and Sen. Blevins, and Sen. Sorenson)
(Co-Sponsors: Reps.: Barbieri: Bennett: Brady: Carson: Hudson: Jaques: J. Johnson: Keeley: Kovach: Kowalko: Longhurst: Manolakos: Mitchell: Mulrooney: Oberle: B. Short: Viola: D.P. Williams: and: Sens.: Ennis: Hall-Long: Henry: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/86CBDEB65CE5156A852575C5005F988EWed, 26 Aug 2009 11:47:32 -0400Delaware - Signed Legislation
This legislation would permit the Board to grant a limited license to a Director or Chairperson of a hospital dental or oral and maxillofacial surgery department and its associated residency programs, who would be permitted to train and teach future practitioners in dentistry or oral and maxillofacial surgery. At the current time, Delaware has a nationally recognized residency program in these fields. This legislation will enable Delaware hospitals to attract nationally recognized and uniquely ...more

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Barbieri: Bennett: Brady: Gilligan: Jaques: J. Johnson: Keeley: Kovach: Kowalko: Longhurst: M. Marshall: Mulrooney: Oberle: Ramone: Schooley: Schwartzkopf: Scott: B. Short: Walls: D.E. Williams: Wilson: Sen.: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B0C9C293137C7B3E8525759100696494Mon, 24 Aug 2009 10:30:42 -0400Delaware - Signed Legislation
This Bill clarifies the role of the Community Legal Aid Society, Inc. (CLASI), designated for the past 30 years as Delaware’s Protection and Advocacy Agency pursuant to federal law, in protecting patients and residents in nursing and similar facilities. As a complement to the existing protective system operated by the Department of Health and Social Services, CLASI is authorized to solicit and investigate reports of abuse, neglect, mistreatment and financial exploitation in covered facilities. ...more

(Co-Sponsors: Reps.: Atkins: Bennett: Booth: Carey: Carson: Hocker: Hudson: Jaques: Q. Johnson: Kovach: Kowalko: Lavelle: Lee: Longhurst: J. Johnson: Plant: Manolakos: Mitchell: Outten: Ramone: Schwartzkopf: B. Short: D. Short: Walls: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F51D97539E66303F85257538005DD710Mon, 24 Aug 2009 11:47:17 -0400Delaware - Signed Legislation
This Bill requires mental hospitals and residential centers covered by the Mental Health Patients’ Bill of Rights Act to report deaths and critical incidents to the State Protection and Advocacy Agency which is authorized by federal law to investigate such occurrences. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Blakey: J. Johnson: Plant: Booth: Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E1977CD8D7A07A0E85257538005F18FAMon, 24 Aug 2009 11:47:31 -0400Delaware - Signed Legislation
This bill will allow innocent victims of crime to receive compensation for mental health counseling, costs of attending criminal proceedings, and expenses related to essential personal safety property. Such compensation would only be available in cases where a “cold case” is reopened, or the offender seeks release through the Board of Parole or appears in court for purposes of post-conviction relief or appeal of the conviction. Victims would also be eligible to apply for such compensation in t ...more

(Additional Sponsors: Rep. Keeley, and Sen. Henry)
(Co-Sponsors: Reps.: Barbieri: Bennett: Carson: Q. Johnson: Kowalko: Lee: Longhurst: Manolakos: Plant: Ramone: Schooley: Schwartzkopf: Thornburg: Wilson: and: Sens.: Ennis: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/343E00D8CD99D7368525758A00659A42Mon, 24 Aug 2009 11:47:18 -0400Delaware - Signed Legislation
Currently statutory anti-retaliation and protective provisions for patients and others only apply to licensed long-term care (LTC) facilities. Only part of the Delaware Psychiatric Center (DPC) is a licensed LTC facility. This Bill, to protect all patients and employees at DPC, applies such protections to all the DPC facilities. 

(Additional Sponsors: Sen. Hall-Long)
(Co-Sponsors: Reps.: Atkins: Bennett: Booth: Carey: Carson: Hocker: Jaques: J. Johnson: Q. Johnson: Kovach: Kowalko: Lavelle: Lee: Longhurst: Manolakos: Mitchell: Plant: Ramone: Schwartzkopf: B. Short: D. Short: Walls: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4D85E4A9789A75BB85257538005F831DFri, 21 Aug 2009 15:35:50 -0400Delaware - Signed Legislation
This Bill makes the plumbing code uniform for all three counties by requiring the adoption and enforcement of the International Plumbing Code. 

(Additional Sponsors: Sen. McBride, Rep. Mitchell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/49CCCA9FBE32175D852575D000727059Tue, 18 Aug 2009 15:35:46 -0400Delaware - Signed Legislation
This bill allows the boards of Accountancy, Landscape Architecture, Architects, Podiatry, Chiropractic, Cosmetology and Barbering and Aestheticians, Dental Examiners, Electrical Examiners, Plumbing/HVACR Examiners, Nursing, Occupational Therapy, Examiners of Optometry, Pharmacy, Physical Therapists and Athletic Trainers, Professional Land Surveyors, Dietetics/Nutrition, Real Estate Commission, Real Estate Appraisers, Mental Health and Chemical Dependency Professionals, Funeral Services, Veterinary ...more

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sen.: Sokola: and: Reps.: Bennett: Hudson: and: Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2A3715626FF07421852575B6005241CCMon, 17 Aug 2009 11:47:14 -0400Delaware - Signed Legislation
It is the intent of the Legislature, in enacting this Bill, to encourage the use of reusable bags by consumers and retailers and to reduce the consumption of limited use plastic carryout bags that require massive quantities of oil, cause countless pollution, and, as such bags decompose, are harmful to the health of the environment and humans. This Bill would require a store, as defined, to establish an at-store recycling program that provides an opportunity for a customer of the store to ret ...more

(Additional Sponsors: Sen. McDowell)
(Co-Sponsors: Reps.: Barbieri: Bennett: Gilligan: Jaques: J. Johnson: Q. Johnson: M. Marshall: Mitchell: Mulrooney: Schooley: Schwartzkopf: Walls: D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/38763D01441F8A568525753E0076A9BFThu, 13 Aug 2009 11:48:48 -0400Delaware - Signed Legislation
This legislation eliminates the DSTP, and requires its replacement beginning in the 2010-2011 school year with a test administered at a minimum in each grade level 2 through 10 at the beginning of the school year and at least one more time later in the year, to assess student progress over the course of the year as well as providing a benchmark for student, school, and district achievement. This new testing regimen will allow a student’s performance on state assessments to be based upon the st ...more

(Additional Sponsors: Rep. Schooley, Sens. Blevins, Bonini, Bushweller, Cloutier, Hall-Long, Henry, Katz, Peterson, Sorenson, Simpson, Venables, Reps. Longhurst, Q. Johnson, Scott, Brady, Mitchell, Mulrooney, Bennett, Plant, Viola, Manolakos, Walls, Keeley, Miro)
(Co-Sponsors: Sens.: Connor: Bunting: Ennis: and: Reps.: Barbieri: Jaques)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6F239C9D9CF0C82E8525759100695705Thu, 13 Aug 2009 15:35:49 -0400Delaware - Signed Legislation
This Act creates a pilot Academic Achievement Awards program, which would use federal stimulus funds to make financial awards to schools that significantly close the achievement gap and schools that exceed their adequate yearly progress for two or more consecutive years.  The awards are focused on schools that have high percentages of economically disadvantaged students. 

(Additional Sponsors: Rep. Schooley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BD52419877156453852575CB0069BE80Thu, 13 Aug 2009 15:35:43 -0400Delaware - Signed Legislation
This Act will regulate indoor tanning facilities in the State. It creates a total ban on indoor tanning for any minors under the age of 14, unless it is medically necessary and prescribed by the specified practitioners. In addition, minors between the ages of 14 and 17 will be required to submit a consent form, signed by the parent or legal guardian in the presence of the tanning facility operator, before they are allowed to tan. This consent will need to be renewed annually. The Act also la ...more

(Additional Sponsors: Sen. Blevins, Sen. Henry, and Rep. D.E. Williams, Rep. Longhurst)
(Co-Sponsors: Sens.: Cloutier: Peterson: Sorenson: Connor: Reps.: Jaques: Q. Johnson: Thornburg: Booth: Hudson: J. Johnson: Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7DB1859E3A82002B852575A70066F755Thu, 13 Aug 2009 13:22:28 -0400Delaware - Signed Legislation
This Bill permits local districts substantially more discretion with respect to expenditure of state education funds than they have under existing law. However, the bill also establishes a number of safeguards to ensure that those funds are spent in a responsible manner that enhances student achievement, including state approval of local district budgets, a requirement of full transparency for local district expenditures, and the establishment of citizen financial oversight committees for each ...more

(Additional Sponsors: and Sen. Sokola)
(Co-Sponsors: Reps.: Blakey: Booth: Carey: Hocker: Jaques: J. Johnson: Q. Johnson: Kovach: Kowalko: Lavelle: Manolakos: Miro: Mitchell: Schwartzkopf: Scott: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6CABE5EE0BB3C28B852575CA0066A571Fri, 31 Jul 2009 11:47:40 -0400Delaware - Signed Legislation
On December 22, 2008, Delaware City Fire Company paramedic Michelle Smith was tragically killed in the line of duty by a reckless driver. Under current Delaware law, a person who recklessly causes the death of an on-duty law enforcement officer, corrections employee or fire fighter is guilty of murder in the first degree and eligible for capital punishment. This Act, named in Michelle’s honor, adds paramedics, EMTs, Fire Marshalls and fire police officers to same statutes, ensuring that any p ...more

(Additional Sponsors: Rep. Longhurst, and Sen. Ennis, and Sen. Hall-Long)
(Co-Sponsors: Reps.: Bennett: Booth: Carson: Cathcart: Hocker: J. Johnson: Q. Johnson: Kovach: Lee: Manolakos: M. Marshall: Mitchell: Outten: Ramone: B. Short: D. Short: Thornburg: Viola: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/06165144496FEF30852575CF006E295BFri, 31 Jul 2009 13:14:48 -0400Delaware - Signed Legislation
This Act applies to the construction services industry and provides for administrative remedies and civil penalties against an employer who knowingly misclassifies an employee as an independent contractor when an employer-employee relationship exists according to the criteria set forth in Section 3501. State and federal government agencies, sole proprietors and single-member corporate or business entities are exempt from the requirements of this Act. Section 3503 sets forth the acts prohibite ...more

(Additional Sponsors: and Rep. Plant, and Sen. DeLuca)
(Co-Sponsors: Reps.: Barbieri: Bennett: Brady: Carson: Jaques: J. Johnson: Q. Johnson: Keeley: Kowalko: Longhurst: M. Marshall: Mitchell: Mulrooney: Oberle: Schooley: Schwartzkopf: Viola: D.E. Williams: D.P. Williams: and: NewLine: Sens.: Blevins: Marshall: McBride)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7E6F698B10FF3A10852575DF005B25F9Fri, 31 Jul 2009 11:47:46 -0400Delaware - Signed Legislation

(Additional Sponsors: and Sen. Sokola)
(Co-Sponsors: Reps.: Atkins: Bennett: Lee: Thornburg: and: Sens.: Bushweller: Connor: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6BB93F6939D79E3B852575D8005F4E82Thu, 30 Jul 2009 11:47:27 -0400Delaware - Signed Legislation
This act designates peach pie as the official state dessert 

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Barbieri: Bennett: Carson: Q. Johnson: Keeley: Kowalko: Mitchell: Thornburg: Viola: Walls: Wilson: and: Sen.: Ennis: Simpson: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/68BE4A7742E3829F85257585007C10DFThu, 30 Jul 2009 15:35:39 -0400Delaware - Signed Legislation
This Bill creates a Heavy Vehicle Weight Law Task Force to analyze the ramifications of restricting the weight of trucks operating in Delaware to the vehicle manufacturer’s gross vehicle weight rating. The current law has numerous flaws that have resulted in implementation delays for 15 years. The Task Force will provide recommendations of how to modify, change or delete the current law. The Bill also delays implementation of the current law, which is scheduled to go into effect on January 1, ...more

(Additional Sponsors: Rep. Carson)
(Co-Sponsors: Sen.: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1A63AB8E4801A4848525758300523D15Wed, 29 Jul 2009 15:35:35 -0400Delaware - Signed Legislation
This Act updates building code requirements for energy efficiency. Updating building codes in this act will ensure that Delaware will receive its full share of Federal Stimulus dollars. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Katz: Bunting: DeLuca: Hall-Long: Henry: Sokola: Blevins: Sorenson: Reps.: Gilligan: J. Johnson: Brady: Longhurst: Mitchell: Mulrooney: Plant: D.E. Williams: D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0172947C734FDC7E8525753C0059D58DWed, 29 Jul 2009 15:35:46 -0400Delaware - Signed Legislation
This act creates Energy Efficiency Resource Standards (EERS) and sets goals for consumption and peak demand for electricity and natural gas utilities. The goals are 15 percent electricity consumption savings and 10 percent natural gas consumption savings by 2015. Savings will be reported to the State Energy Coordinator by Affected Energy Providers on an annual basis. This act designates energy efficiency as a priority energy supply resource for the state, recognizing that energy efficiency is among the l ...more

(Additional Sponsors: Rep. Longhurst, and Rep. Kowalko)
(Co-Sponsors: Sens.: Blevins: Bunting: Bushweller: Katz: Marshall: Sokola: Peterson: Cloutier: Connor: Simpson: Reps.: Mulrooney: Kovach: Brady: Barbieri: Atkins: D.E. Williams: Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/87CA3ADE06A5D274852575B5005AAA94Fri, 24 Jul 2009 11:47:23 -0400Delaware - Signed Legislation
This bill gives the Division of Motor Vehicles the ability to suspend the driver license of a registered sex offender if the registered sex offender does not report to the Division for an updated driver license as required by Title 21, 2718(e) within 30 days. 

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: B. Short: Viola: D. Short: Hocker: Hudson: Lavelle: Miro: Outten: Ramone: Wilson: and: Sens.: Ennis: Hall-Long: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0783F58E09D672148525754E005C8C48Fri, 24 Jul 2009 11:47:35 -0400Delaware - Signed Legislation
This bill makes several changes to the statutes regulating pawnbrokers, secondhand dealers and scrap metal processors. In particular: the bill renames the chapter to more accurately reflect the three types of licenses regulatedand clarifies that individuals or businesses licensed as Federal Firearms Dealers are exempt from licensing under this chapterand specifies the forms that pawnbrokers and secondhand dealers must useand adds platinum and bronze to the list of precious metals as to which scrap me ...more

(Additional Sponsors: Sen. Adams)
(Co-Sponsors: Reps.: Booth: Gilligan: Hocker: Jaques: J. Johnson: Lee: Mulrooney: Outten: Ramone: Schwartzkopf: D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DD03A2DD4FE3308A852575B40071B2E7Fri, 24 Jul 2009 11:47:30 -0400Delaware - Signed Legislation
This Act shall make it unlawful for the owner of a vehicle operated on a highway to use or install scrolling, strobe, and/or blinking lights around a number plate for purposes of advertisement, conveying a message or any other communication, and/or that in any way causes distraction to another operator of a vehicle on the highway. The purpose of this legislation is to ensure the safety of Delaware’s highways. 

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Rep.: Kowalko: and: Sens.: Hall-Long: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0C2300EEF12F89648525757C00560EBCFri, 24 Jul 2009 11:47:47 -0400Delaware - Signed Legislation
This Bill adjusts certain purse distributions and assures that the video lottery agents supplement purses with a portion of sports lottery proceeds. 

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: Atkins: Brady: Carson: Cathcart: Keeley: Lee: Longhurst: Ramone: Schwartzkopf: Scott: D. Short: and: Sens.: Cook: Hall-Long: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/123722F7E4575457852575D900461138Fri, 24 Jul 2009 14:05:56 -0400Delaware - Signed Legislation
This is a housekeeping bill to correct an error.  Delaware law currently restricts subsequent DUI offenders who are eligible for the Ignition Interlock Device (IID) mechanism from being eligible for IID driver licenses if their driving privileges are currently in a suspended, revoked, denied, or unavailable status for any other violations of the law of any jurisdiction.  This bill will correct this error and allow DMV to issue IID driver licenses to subsequent DUI offenders who would otherwise b ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Keeley: Plant: B. Short: and: Sens.: Blevins: Cloutier: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3AA9E6AF28392F318525758A0079123FWed, 22 Jul 2009 11:47:35 -0400Delaware - Signed Legislation
The Division of Motor Vehicles has seen a large increase in individuals producing fraudulent Delaware drivers’ licenses, identification cards and documents. These fraudulent drivers’ licenses and identification cards can be used to assume another individual’s identity. This bill updates the current law and makes it illegal for applicant to present fraudulent documents. In addition, this bill assigns specific penalties and allows the Division of Motor Vehicles to confiscate any fraudulent docu ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Bennett: Booth: Carson: J. Johnson: Scott: B. Short: D.P. Williams: and: Sens.: Connor: Ennis: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BDDB5813DD7A4566852575A7006CDDF5Wed, 22 Jul 2009 11:47:40 -0400Delaware - Signed Legislation
This bill specifies that funds from the Special Law Enforcement Assistance Fund shall be used for the additional limited purpose of constructing a memorial consistent with and in furtherance of House Joint Resolution No. 3 of the 145th General Assembly. It further specifies that the provisions of this act shall sunset 2 years after enactment of said section. 

(Additional Sponsors: Rep. D.P. Williams, and Rep. Schwartzkopf, and Sen. Ennis)
(Co-Sponsors: Reps.: Atkins: Barbieri: Booth: Carey: Cathcart: Hudson: Jaques: J. Johnson: Q. Johnson: Kovach: Lee: Manolakos: Miro: Outten: Plant: Ramone: B. Short: D. Short: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/784E2C205E0E539D852575CB005F7277Wed, 22 Jul 2009 11:47:42 -0400Delaware - Signed Legislation
This bill adds the Chief Justice of the Delaware Supreme Court or designee to the State Employee Benefits Committee. 

(Additional Sponsors: Sen. Cook)
(Co-Sponsors: Rep.: Kovach: and: Sen.: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D5AAE42AE7155833852575B6004AC615Wed, 22 Jul 2009 11:47:37 -0400Delaware - Signed Legislation
This bill clarifies Bridgeville’s procedures for the construction, etc., of sewer, water main improvements and water systems. 

(Additional Sponsors: Sen. Adams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/12A47E6B679F848A852575BE0054C3B2Wed, 22 Jul 2009 11:47:43 -0400Delaware - Signed Legislation
This Bill establishes the State Council for Adult Offender Supervision as required by the Interstate Compact for the Supervision of Adult Offenders, codified at 11 Del. C. 4358. The State Council’s role is to administer the State of Delaware’s participation in the Compact and ensure that the State remains a productive member of the Compact. 

(Additional Sponsors: Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/20B03E9D5F9914CF852575D600683ACEWed, 22 Jul 2009 11:47:40 -0400Delaware - Signed Legislation
This Act provides that the Commission and the Director of Planning Services are responsible for approval for final plats for recordation and provides for the Director of Planning Services and County Administrator to sign record plats. 

(Additional Sponsors: Sen. Bonini)
(Co-Sponsors: Reps.: Outten: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EB789584D7E49777852575B60076FB35Wed, 22 Jul 2009 11:47:49 -0400Delaware - Signed Legislation
This bill requires a person engaged in the sale or distribution of tobacco products to demand proof of age from a prospective purchaser or recipient of such products who is under the age of 27 years. A notice is to be posted conspicuously at each tobacco vending machine as well as at each point of purchase. Also, the bill makes it unlawful to maintain such products except in a tobacco vending machine in any display accessible to customers that is not under the control of a cashier or employee. ...more

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: Bennett: Booth: Brady: Carey: Cathcart: Hocker: Hudson: Lavelle: Lee: Manolakos: M. Marshall: Outten: Ramone: Schooley: D. Short: Thornburg: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/526CB82529E65A41852575B600756FD2Wed, 22 Jul 2009 11:47:34 -0400Delaware - Signed Legislation
Jury commissioners were previously used to insure that a random and fair cross section of the community was called for jury service by manually reviewing the jury pool. Today, jury selection is a computerized process handled by a professional staff in the Superior Court and jury commissioners no longer perform this task. The duties of jury commissioners have been reduced to functions that can easily be performed by staff. Jury commissioners are presently paid $2500 per year and the eliminatio ...more

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: Carson: Hudson: J. Johnson: Kovach: Walls: Wilson: and: Sens.: Sen.: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2C02969E2C259F09852575AD0047E662Wed, 22 Jul 2009 11:47:39 -0400Delaware - Signed Legislation
This legislation expands the beneficiaries of the Spay/Neuter Fund to include two additional groups of applicants. First, recipients of Social Security disability compensation are presently eligible, and this legislation would expand eligibility to those individuals who received Social Security disability compensation until they reached full retirement age, but for whom the Social Security Administration has since converted their benefits to regular social security. Second, this legislation wo ...more

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Reps.: Atkins: Carson: Jaques)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/ECC5E6568ACADBBD852575C900690A77Wed, 22 Jul 2009 11:47:44 -0400Delaware - Signed Legislation
This act transfers to the counties administrative powers and duties relating to dogs and dog control formerly vested in the Department of Natural Resources and Environmental control by January 1, 2010. 


]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5D4D373548C4E323852575D70050539AWed, 22 Jul 2009 11:47:37 -0400Delaware - Signed Legislation
This bill increases the minimum fine for the first offense of Graffiti from “$500” to “$1000” and increases the hours of community service from “200” to “250”. The bill also increases the minimum fine for the second or subsequent offense of graffiti to “$2000” and increases the hours of community services to “500” hours. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Carey: Carson: Cathcart: Hocker: Jaques: J. Johnson: Q. Johnson: Kowalko: Lavelle: Longhurst: Manolakos: Miro: Mitchell: Oberle: Outten: Schooley: Schwartzkopf: Scott: B. Short: Thornburg: Viola: Walls: D.E. Williams: Wilson: and: Sen.: Hall-Long: and: Sen.: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D89E6ACA42E198FD85257576004B2350Tue, 21 Jul 2009 11:47:49 -0400Delaware - Signed Legislation
This Act makes clear that any full-time or part-time teacher in the Colonial School District who has satisfied all requirements to entitle the teacher to take leave under The Family and Medical Leave Act shall be returned to the same exact teaching position that the teacher held before taking such leave. In addition, the Act shall have no effect on and in no way alters the current levels of tenure and/or seniority among teachers in the Colonial School District. 

(Additional Sponsors: Sen. Connor)
(Co-Sponsors: Reps.: Barbieri: J. Johnson: Mulrooney: and: Sen.: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/158282AB80CE5E64852575DF0053D970Thu, 16 Jul 2009 15:35:42 -0400Delaware - Signed Legislation
The bill amends the State’s notary laws to simplify and expedite the existing notary commissioning process and to facilitate the State’s entry into electronic notarization as follows: Section 1 eliminates the cumbersome requirement for nonresident notaries to file an affidavit listing their residential and employment addresses and instead requires such information to be in the application. Section 2 makes the provision consistent with its counterpart in 4302(f). Section 3 expands the list ...more

(Additional Sponsors: Rep. B. Short)
(Co-Sponsors: Sen.: Katz: and: Reps.: Brady: Hudson: Lavelle: Viola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/ABB5D795880B8CE285257593005FC754Thu, 16 Jul 2009 15:35:47 -0400Delaware - Signed Legislation
This bill implements the recommendations of the Joint Sunset Committee’s review regarding the Commission of Adult Entertainment Establishments. This bill: Clarifies the intent of the General Assembly to include that the health, safety and welfare of the people of the State are imperiled by the widespread operation of adult oriented retail businesses without reasonable time, place and manner limitations on such businessesand Defines “Adult oriented retail establishment~ as any commercial establi ...more

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg: Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0B7C4D9B2BE05834852575C3006EE4ADThu, 16 Jul 2009 15:35:46 -0400Delaware - Signed Legislation
Section 1 of this Bill clarifies the purpose and use of the approval decal in the inspection process. Sections 2 and 6 of this revise the Statute to permit counties or municipalities to hire inspectors on a contract basis to perform inspections on their behalf, consistent with current practices for other professions related to home construction. Section 3 eliminates a power of the Board that is unworkable in light of the law applicable to the processing of complaints, investigations, and r ...more

(Additional Sponsors: Rep. Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F383739CAF2388C6852575B5005E8B53Thu, 16 Jul 2009 15:35:37 -0400Delaware - Signed Legislation
This bill makes technical corrections to the new Interstate Compact for the Placement of Children, which was legislated under SS 1 for SB 71 during the 144th General Assembly. The bill also clarifies a provision under which the compact does not apply and allows for the option of receiving testimony for hearings by telephone or audio-video conference, subject to the approval of the presiding judicial officer. The new compact was developed as a collaborative effort among states to provide incre ...more

(Additional Sponsors: Rep. Barbieri)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/108B80C654859CA38525755C007263CDThu, 16 Jul 2009 11:48:54 -0400Delaware - Signed Legislation
This Act amends the Delaware False Claims and Reporting Act to meet the guidelines set forth by the Department of Health and Human Services’ Office of Inspector General for Delaware to receive a 10 percent increase above the state share in all Medicaid fraud recoveries. This Act also streamlines and updates the procedures for investigating and litigating false claim cases by the Department of Justice. This Act also provides a posting requirement for employers to post a summary of the Act. 

(Additional Sponsors: Rep. Gilligan, Sens. Connor, Hall-Long, Peterson, and Cloutier, Reps. M. Marshall, Mulrooney, Carson, Plant, Kowalko, and Oberle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/14D04E62D6DDACA3852575AD0055A3AFThu, 16 Jul 2009 15:35:46 -0400Delaware - Signed Legislation
This Bill will protect the retirement benefits of those State Troopers who take military leave prior to retirement. This will assure that the employee will not realize a reduction in pension benefits because of a reduction in their State salary during a period of time that might fall in their highest three years of earnings. 

(Additional Sponsors: Rep. Ramone)
(Co-Sponsors: Sens.: Bunting: Bushweller: Venables: and: Reps.: Bennett: Carson: Hocker: Jaques)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1F2941F74A01B64C852575B40051C512Thu, 16 Jul 2009 15:35:45 -0400Delaware - Signed Legislation
Section 1 of this Act provides protection for consumers of a short-term loan product commonly known as a title loan, under which a borrower provides a motor vehicle as collateral for the loan. The Act requires conspicuous disclosure of significant terms of such loans, provides a right of rescission for such loans, and limits the duration of an extension of a loan that a consumer can receive, thereby ensuring that consumers do not mistakenly attempt to use these loans for long-term ...more

(Additional Sponsors: Rep. B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5E487379D5E463F9852575AF005B28EAMon, 13 Jul 2009 15:35:56 -0400Delaware - Signed Legislation
Section 1 through 6 of this bill will enhance the penalties for persons convicted under 4177 whose BAC is .15 or greater and persons whose BAC is .15 or greater and who elect to participate in the First Offense Election – Ignition Interlock Diversion Program pursuant to 4177B(g). Specifically, it increases the period of revocation from 3 months to 6 months and of hard revocation from 30 days to no earlier than 45 days. It further mandates the use of the ignition interlock device for a peri ...more

(Additional Sponsors: Rep. Schwartzkopf)
(Co-Sponsors: Rep.: Jaques)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/060D6EFD21A6F024852575D800600328Mon, 13 Jul 2009 15:35:56 -0400Delaware - Signed Legislation
This bill places agents of the Office of Narcotics and Dangerous Drugs under the Law-Enforcement Officers’ Bill of Rights. 

(Additional Sponsors: Sen. Ennis, and Rep. Lee)
(Co-Sponsors: Rep.: Schwartzkopf)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0BC173E696C22D81852575D8005F8EF9Mon, 13 Jul 2009 11:47:34 -0400Delaware - Signed Legislation
This bill would increase fines for Driving Under the Influence offenses, which have not been increased in a number of years. This bill would also create additional fines and penalties for a conviction of a fifth, sixth or seventh DUI offense. 

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Bennett: Brady: Cathcart: Hudson: Q. Johnson: Kovach: Kowalko: M. Marshall: Mitchell: Oberle: Ramone: Schooley: D. Short: Thornburg: Walls: D.E. Williams: and: Sen.: Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C0FAA088D00B29928525759F006CB608Mon, 13 Jul 2009 11:49:02 -0400Delaware - Signed Legislation
This Bill extends the deadline for the Universal Tamper-Resistant Prescription Pad Committee to establish a statewide tamper-resistant prescription form with specific criteria to eliminate or significantly reduce prescription fraud. 

(Additional Sponsors: Sen. Hall-Long, and Rep. Lee)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CADE6E0EA53DC114852575D70066A8FDMon, 13 Jul 2009 15:35:55 -0400Delaware - Signed Legislation
In recent years there has been a significant rise in the abuse of prescription drugs and controlled substances. There has also been a significant increase in prescription fraud, such as tampering with and forgery of prescription forms for the purpose of obtaining controlled substances to use or sell illegally. In 2008, the General Assembly passed legislation which requires practitioners in the State of Delaware to use a statewide/universal prescription form with certain markers making the form ...more

(Additional Sponsors: Rep. Jaques)
(Co-Sponsors: Reps.: Mitchell: Schwartzkopf)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DF7751220A65F7F8852575D8005EAA19Fri, 10 Jul 2009 11:47:37 -0400Delaware - Signed Legislation
This Act reconciles conflicting provisions in the Town of Clayton’s charter by changing the day for elections for Town Council from the second Saturday in May to the last Tuesday in April. 

(Additional Sponsors: Rep. Carson, and Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/75D5F08607980E31852575BB006828ECFri, 10 Jul 2009 15:35:55 -0400Delaware - Signed Legislation
The Office of Controlled Substances is under the authority of the Department of State and handles regulatory inspections and administrative matter dealing with controlled substances. The Office of Narcotics and Dangerous Drugs is under the authority of the Department of Safety and Homeland Security and enforces the criminal code relating to controlled substances. This bill clarifies the code sections under Chapter 47, Title 16 of the Delaware Code by clearly delineating the authority of the S ...more

(Additional Sponsors: Rep. Schwartzkopf)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/08D3670AF4C1C9BC852575D8005E4383Fri, 10 Jul 2009 11:47:40 -0400Delaware - Signed Legislation
This bill increases the penalties for the crime of “sex offender unlawful sexual conduct against a child” when the victim is under the age of eighteen and has a cognitive disability. Additionally, the bill amends the definition of “without consent” as it applies to sex crimes to help protect individuals with cognitive disabilities. 

(Additional Sponsors: Rep. Lavelle, and Sen. Blevins)
(Co-Sponsors: Reps.: Atkins: Barbieri: Booth: Brady: Carson: Gilligan: Hocker: Hudson: Jaques: Q. Johnson: Kovach: Kowalko: Longhurst: Mitchell: Mulrooney: Oberle: Outten: Ramone: Schwartzkopf: Scott: B. Short: D. Short: Thornburg: Viola: Walls: D.E. Williams: Wilson: and: Sens.: Bushweller: Peterson: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/470816BC1F1331C6852575AD00563E1BFri, 10 Jul 2009 11:47:32 -0400Delaware - Signed Legislation
This Act increases the criminal penalties of 779A, Title 11 of the Delaware Code against a person who has previously been convicted of a sex offense and is on the sex offender registry who then commits a sex offense against a child under the age of twelve years. This Act would make the penalty for a sex offender who commits a sex offense classified as a misdemeanor against a child under twelve years of age a class C felony. This Act would make the penalty for a sex offender who commits a se ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Atkins: Carson: Hocker: Hudson: Jaques: Q. Johnson: Kovach: Lavelle: Lee: Longhurst: Mitchell: Mulrooney: Ramone: Schwartzkopf: Scott: D. Short: Walls: D.E. Williams: D.P. Williams: Wilson: and: Sens.: Bonini: Bunting: Cloutier: Ennis: Hall-Long: Henry: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D438BA6A4DCC5BD2852575A00079CDA0Fri, 10 Jul 2009 15:35:51 -0400Delaware - Signed Legislation
This bill implements the 2009 Join Sunset Committee recommendations. It changes the Board composition to more accurately reflect the licensee population. This bill also amends the definition of “practice of audiology” allowing audiologists to have a combined license to dispense hearing aids without meeting the licensure requirements for hearing aid dispensers. This change is appropriate because audiologists are trained to dispense hearing aids. Further, this bill amends the licensure require ...more

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1AC554D2E2A4A05C852575D10072AF95Fri, 10 Jul 2009 15:35:37 -0400Delaware - Signed Legislation
This Bill is a result of recommendations made by the Joint Sunset Committee. It allows the Division of the Public Advocate to bill the public utilities for related costs incurred as part of its involvement in Public Service Commission proceedings in the same manner as the Public Service Commission’s costs are recovered. Additionally, this Bill changes the name of the Delaware Public Service Commission Regulatory Revolving Fund to the Delaware Public Utility Regulatory Revolving Fund. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D9150847AED57CD48525754D00722F59Fri, 10 Jul 2009 11:47:19 -0400Delaware - Signed Legislation
This Bill excludes certain criminal convictions from mandatory expungement and discretionary expungement following a pardon. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Carson: J. Johnson: Keeley: Walls: and: Sen.: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4702EF860830DA088525753F00579326Fri, 10 Jul 2009 15:35:44 -0400Delaware - Signed Legislation
This amendment to the Municipal Election Code insures that in order for absentee ballots to be counted that they must be received prior to close of the polls on Election Day. 

(Additional Sponsors: Rep. Bennett)
(Co-Sponsors: Rep.: Jaques)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4A1E0858C233CBF8852575AE004DD9BDFri, 10 Jul 2009 11:49:03 -0400Delaware - Signed Legislation
This bill amends the current Sex Offender Registry statute, 11 Del. C. 4120 and 4121 to bring the State of Delaware into substantial compliance with the federal Adam Walsh Act as mandated under the Sex Offender Registry Notification Act (SORNA). The bill also extends the deadline for the Sex Offender Management Board to complete the development of standards and guideline pertaining to the management of sex offenders from January 1, 2009 to January 1, 2011, and to implement th ...more

(Additional Sponsors: Rep. Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/51DEB1BC4FB24DF6852575DF006A40F3Fri, 10 Jul 2009 11:48:59 -0400Delaware - Signed Legislation
Revised Section 924(a)(1) is intended to expand the scope of beneficiaries permitted under a so-called “Totten Trust” to include non-profit organizations qualified under Section 501(c)(3) of the Internal Revenue Code. It is expected that the expansion will offer additional estate planning alternatives that could benefit the non-profit community and will align Delaware law with FDIC insurance regulations, including the types of beneficiaries now permitted on Totten Trust accounts for purposes of ...more

(Additional Sponsors: Rep. B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/77FBF7E72ACBA3D0852575CB0057450CThu, 09 Jul 2009 15:35:40 -0400Delaware - Signed Legislation
This bill will support the SEU goal of 300 MW of distributed renewable energy including 100 MW of installed customer-sited photovoltaic capacity by 2019, by removing the anniversary date provision currently in the code which will eliminate forfeitures of excess electric generation. The customer will be allowed to apply credits earned from excess generation to future utility bills to offset a customer’s consumption. Customers may request a payment from the electric supplier for the value of exc ...more

(Additional Sponsors: Sen. Simpson, and Rep. Kowalko, and Thornburg)
(Co-Sponsors: Sens.: Bushweller: Hall-Long: and: Katz: and: Reps.: Mulrooney: Barbieri: Brady: Hocker: Kovach: B. Short: and: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C361046BA19C24E985257583006A4392Thu, 09 Jul 2009 15:35:38 -0400Delaware - Signed Legislation
This Bill establishes a procedure to allow taxpayers to designate a contribution to a newly established Delaware Children’s fund. Money deposited to the Fund will periodically be turned over to the 21st Century Fund for Delaware’s Children, Inc. 

(Co-Sponsors: Sens.: Peterson: Hall-Long: Ennis: Bushweller: Bunting: Sorenson: Reps.: Barbieri: Schooley: Jaques)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0FFD1FD5AACBFE5E8525757C005DE27CThu, 09 Jul 2009 13:24:07 -0400Delaware - Signed Legislation
This Bill bans the use of covenants or other restrictions to prohibit the installation of wind systems in Delaware and sets minimum requirements for such operations. 

(Additional Sponsors: Sen. McBride)
(Co-Sponsors: Reps.: Kovach: Kowalko: Sen.: McDowell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/70AF3474644B09FA85257584006C4EADThu, 09 Jul 2009 15:35:54 -0400Delaware - Signed Legislation
This Bill enables the use of rooftop solar systems on privately owned residential dwellings by limiting the use of covenants or other restrictions beginning January 1, 2010 but does not impact restrictions in effect prior to then. This Bill also bans the use of covenants or other restrictions to prohibit the installation of solar photovoltaic systems in Delaware. A provision to allow homeowners associations to eliminate prohibitions or loosen restrictions for installation of rooftop solar syst ...more

(Additional Sponsors: Reps. Mulrooney, and Oberle)
(Co-Sponsors: Sens.: Simpson: McDowell: Peterson: and: Katz: and: Reps.: Kovach: Lavelle: Hocker: Carey: Wilson: Outten: and: Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/70B105B5BFC4710C852575D70061A42FWed, 08 Jul 2009 15:35:52 -0400Delaware - Signed Legislation
This act is intended to update and clarify Delaware’s Sustainable Energy Utility law, 29 Delaware Code 8059, which is serving as a model for other jurisdictions. Under 8059(g)(2) of the SEU law, the SEU programs designed to achieve energy savings and promote green energy will be carried out through written contracts with competitively selected implementation contractors. Section 1 of the act is intended to make the provisions of the SEU law related to the length of such contracts with im ...more

(Additional Sponsors: Rep. Brady, and Rep. Thornburg)
(Co-Sponsors: Sens.: Henry: Bunting: Katz: Bushweller: Ennis: Simpson: and: Rep.: Kowalko)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0148FDA6DDD5E3FC852575D100786321Wed, 08 Jul 2009 15:35:46 -0400Delaware - Signed Legislation
This legislation converts the criminal action for failure to comply with the mandatory reporting of suspected child abuse into a civil action with financial penalties. 

(Additional Sponsors: Rep. M. Marshall)
(Co-Sponsors: Sens.: Peterson: Hall-Long: and: Rep.: Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/01BAAC373C36298D852575B40052AFC8Wed, 08 Jul 2009 15:35:37 -0400Delaware - Signed Legislation
This Bill both authorizes Kent County Levy Court to permit Class C recordings in Kent County for manufactured homes and also requires the Kent County Recorder of Deeds to accept the recordings. Author: Sen. Ennis 

(Additional Sponsors: Rep. Carson, Sen. Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DAAD13E9CBCA04828525756100521BF6Wed, 08 Jul 2009 11:47:34 -0400Delaware - Signed Legislation
This Bill increases from four (4) to fifteen (15) days the time by which a person officiating a marriage ceremony must return the marriage certificate to the issuing Clerk of the Peace for recording. The Act also increases the penalty on those fail to comply from $25 to $50 and authorizes the issuing Clerk of the Peace to temporarily suspend a person’s authorization to solemnize marriages until any delinquent penalties are paid in full. 

(Co-Sponsors: Reps.: Bennett: Carson: Keeley: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/61C76D4C7BC6960E8525759F0049688FWed, 08 Jul 2009 15:35:45 -0400Delaware - Signed Legislation
This Act would authorize the Family Court to conduct national criminal background checks in civil proceedings involving minor children. This authorization would allow Family Court to clearly exercise its authority under the best interest standards of Title 13 involving sex offenders, and any other similar proceedings involving a minor childe. 

(Additional Sponsors: Rep. Bennett)
(Co-Sponsors: Sens.: Blevins: DeLuca: Sorenson: and: Reps.: Hudson: M. Marshall: Viola: and: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/03C478EB02E32625852575AF006E1FA7Wed, 08 Jul 2009 11:47:37 -0400Delaware - Signed Legislation

(Additional Sponsors: and Sen. Blevins)
(Co-Sponsors: Rep.: Hudson: and: Sen.: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6B731954D7262829852575C200585C0FWed, 08 Jul 2009 15:35:46 -0400Delaware - Signed Legislation
This Bill adopts the recommendation of the Irrigation Preservation Task Force created by House Concurrent Resolution No. 67 of the 144th General Assembly. The Bill permits farmers to accept reclaimed water through irrigation systems. 

(Additional Sponsors: Rep. Carson)
(Co-Sponsors: Sens.: Adams: Hall-Long: Ennis: and: Reps.: Thornburg: Longhurst: and: Atkins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EA16A2B39E7D995C852575B500667E62Wed, 08 Jul 2009 11:48:47 -0400Delaware - Signed Legislation
This bill includes a code enforcement officer acting in the lawful performance of duty in the protected class for these assaults. 

(Additional Sponsors: Sen. Henry, and Rep. Kovach, and Rep. D.E. Williams)
(Co-Sponsors: Sen.: Katz: Rep.: B. Short: and: and: Rep.: Lavelle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/13A8C8495523B7DC8525757E0053B596Wed, 08 Jul 2009 11:47:36 -0400Delaware - Signed Legislation
This legislation authorizes the Recorder for New Castle County, Kent County and Sussex County to establish administrative procedures that allow for the redaction of sensitive identifying information from recorded instruments. 

(Additional Sponsors: Rep. Kowalko, and Rep. B. Short, and Sen. Venables)
(Co-Sponsors: Reps.: Bennett: J. Johnson: Q. Johnson: Longhurst: M. Marshall: Mitchell: Schwartzkopf: and: Sens.: Ennis: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/42DA402E70DE1FE3852575AD007FACC3Wed, 08 Jul 2009 15:35:48 -0400Delaware - Signed Legislation
This Act provides technical amendments to the State Banking Code. Sections 1 through 7, 9 and 10 clarify the State Bank Commissioner~s authority to examine financial institutions for compliance or noncompliance with statutes or regulations of this State and the United States, and to revoke a license for any violation thereof. Section 8 clarifies that licenses issued under Chapter 32 (~Transportation of Money and Valuables~) of Title 5 are not transferable or assignable, the same ...more

(Additional Sponsors: Rep. B. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9F1F24FBF0C79BB5852575C900540018Wed, 08 Jul 2009 15:35:46 -0400Delaware - Signed Legislation
The purpose of this legislation is to create a uniform process for licensing boards to use hearing panels to conduct hearings regarding disciplinary complaints and complaints of unlicensed practice. The recommendations of the hearing panel are not final until approved by a majority vote of members present at a properly convened board meeting.   

(Additional Sponsors: Rep. Bennett)
(Co-Sponsors: Sen.: Sokola: and: Reps.: Kowalko: and: Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9135276EEEEA32E6852575B600531B87Wed, 08 Jul 2009 09:44:46 -0400Delaware - Signed Legislation
This bill extends the time period in the Delaware Land and Historic Resources Protection Incentives Act for the allocation of tax credits authorized and capped therein. 

(Additional Sponsors: Sen. McBride)
(Co-Sponsors: Rep.: Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B0296AC3B5183CAB852575A5004B18D7Wed, 08 Jul 2009 11:47:35 -0400Delaware - Signed Legislation
This Bill makes several modifications to existing statutes, necessary to foster the effective enforcement of laws, rules and regulations pertaining to public carriers operating in Delaware. It also increases the license fee to better reflect the cost of administering this statute. 

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Rep.: Brady: and: Sen.: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E3F6A98C909B1AC8852575A7006D53C3Wed, 08 Jul 2009 11:47:31 -0400Delaware - Signed Legislation
This bill would permit military and overseas citizens with the ability to receive and send absentee ballots applications, absentee ballots and related forms by electronic transmission. 

(Additional Sponsors: Rep. Jaques, and Sen. Blevins, and Sen. Hall-Long)
(Co-Sponsors: Reps.: Barbieri: Bennett: Hocker: Keeley: Lavelle: Lee: Plant: Ramone: Scott: and: NewLine: Sens.: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/9B265A3286FF0F308525758C005394D2Wed, 08 Jul 2009 11:47:33 -0400Delaware - Signed Legislation
This bill allows, but does not require, the Domestic Violence Fatal Incident Review Team (FIRT) to review near deaths resulting from domestic violence. This bill does not otherwise modify the existing procedures for FIRT reviews and investigations of deaths resulting from domestic violence. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Bennett: Booth: Brady: Carey: Carson: Hocker: Hudson: Jaques: Keeley: Kovach: Kowalko: Lee: Longhurst: Manolakos: Miro: Mitchell: Oberle: Outten: Ramone: Schooley: Schwartzkopf: Scott: B. Short: D. Short: Thornburg: Walls: D.E. Williams: D.P. Williams: Wilson: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C3EB112868631096852575A800682409Wed, 08 Jul 2009 15:35:40 -0400Delaware - Signed Legislation
The purpose of these idle reduction technology units is to prevent having to run the engine at idle speed when the temperature is below 40 degrees or above 75 degrees Fahrenheit when the driver is off duty and has to stay in the truck and he or she does not have to run the truck engine. It will save on fuel costs to the owner and help the environment with less pollution and still keep the driver comfortable without running the engine over the legal time. This Bill allows a 400 pound weight limi ...more

(Additional Sponsors: Rep. Lee)
(Co-Sponsors: Sens.: Adams: Bonini: Bunting: Ennis: Reps.: Booth: Hocker: D. Short: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EF747D4E2B38762485257583006DD9F3Wed, 08 Jul 2009 11:48:46 -0400Delaware - Signed Legislation
This Act updates the section of the Code relating to the Delaware Society for the Prevention of Cruelty to Animals. 

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Sens.: Bonini: Connor: Ennis: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4756D52DB316F53B85257566004E9257Wed, 08 Jul 2009 15:35:52 -0400Delaware - Signed Legislation
This act would amend the City of Dover Charter to include a Preambleand to clarify the Powers of the City, Construction, and Intergovernmental Relationsand to amend the procedure to extend boundaries by removing the requirement for a referendumand to decrease the minimum age to hold office from 21 to 18 yearsand to prohibit the holding of any other elected public office, or any other city office, or compensated appointive office during the term for which the member was elected to the council, or employ ...more

(Additional Sponsors: Rep. Bennett)
(Co-Sponsors: Sen.: Ennis: Rep.: Scott: and: Rep.: Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/48E789197E2FA5B8852575D2005E4972Wed, 08 Jul 2009 15:35:52 -0400Delaware - Signed Legislation
This Bill creates a tax exemption for community-owned swimming pools in New Castle County only. 

(Co-Sponsors: Reps.: Barbieri: Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/58B707470F56CBE1852575D20067EF23Wed, 08 Jul 2009 11:47:33 -0400Delaware - Signed Legislation
This bill gives the Board of Examiners of Constables authority for establishing the minimum standards and training required for constable applicants. 

(Additional Sponsors: Sen. Bushweller)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A9B8EF090CCF8291852575AF0073A0C8Wed, 08 Jul 2009 11:48:58 -0400Delaware - Signed Legislation
This bill provides that property owned by Ministry of Caring, Inc. and Sacred Heart Housing, Inc. will be exempt from county and local taxes, so long as the property is not held for investment purposes. Section 8106(a) currently provides for such exemption for many other organizations and classes of activities. 

(Additional Sponsors: Sen. Henry, and Rep. Brady, and Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/39968350FD571C748525758B006DAF7BWed, 08 Jul 2009 15:35:50 -0400Delaware - Signed Legislation
The requirement for 10 hours of instruction for hunting, license applicants born after January 1, 1967 has been in effect for years. This Act mandates that the hands-on live firing experience by a trained firearms instructor is to be a part of the approved course. Previously, the live firing experience requirement was optional . The requirement will improve hunter safety and is supported by many sportsmen and sportsmen groups as well as the Division of Fish and Wildlife. 

(Co-Sponsors: Sens.: Bunting: Simpson: Venables: Reps.: Bennett: Booth: Carson: Mulrooney: Oberle: Outten: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3DE7960C0FDCD54E852575D0006832D5Wed, 08 Jul 2009 11:47:33 -0400Delaware - Signed Legislation
This Act limits compensation that may be received by mortgage loan brokers and licensed lenders who engage in mortgage loan modification services for homeowners. 

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: Bennett: Brady: Hocker: Hudson: Keeley: Lavelle: Ramone: Viola: NewLine: Sens.: Adams: Bunting: Bonini: Cook: Katz: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/46C84D7B64932F2C852575A60072B169Wed, 08 Jul 2009 11:47:33 -0400Delaware - Signed Legislation
This Bill corrects the manner of disposing of alcohol belonging to an indebted licensee in an appropriate and legal fashion. 

(Additional Sponsors: and Rep. Keeley, and Sen. DeLuca)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AE6A5EBC56CA1A0F85257591007682ACWed, 08 Jul 2009 11:47:29 -0400Delaware - Signed Legislation
This bill implements the recommendations of the Delaware Sentencing Accountability Commission (SENTAC) relating to the classification of property crimes. The bill increases the demarcation line between Class G felonies and Class A misdemeanors in 11 Delaware Code 840, 840A, 841(c)(1), 848, 849, 851, 852A, 900, 903(c)(1), and 917 from $1,000 to $1,500and in 11 Delaware Code 916 and 939 from $500 to $1,500and and in 11 Delaware Code 811 from $1,500 to $5,000. The bill increases the dema ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Rep.: Carson: and: Sens.: Blevins: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/70E9EC8C93A138E38525757C007454F4Wed, 08 Jul 2009 15:35:50 -0400Delaware - Signed Legislation
This Act responds to the direction of Joint Sunset Committee staff of the 145th General Assembly by introducing legislation to remove the sunset provision on the Delaware Health Resources Board-Certificate of Public Review Program. 

(Additional Sponsors: Rep. Barbieri)
(Co-Sponsors: Sens.: Blevins: Hall-Long: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A28F92D6025604C6852575D000661C56Mon, 06 Jul 2009 15:35:48 -0400Delaware - Signed Legislation
This Bill is a result of recommendations made by the Joint Sunset Committee. The Bill deletes the section of the statute referencing the Office of Information Services and adds an additional member to the Technology and Investment Council to include the Director of the Office of Management and Budget 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0159646F443AB387852575CA005A00EEMon, 06 Jul 2009 11:48:49 -0400Delaware - Signed Legislation
This Act: (1) adds the State Climatologist as a statutory member of the Water Supply Coordinating Council (WSCC)and (2) changes from semiannually to annually the required minimum frequency of WSCC’s reports to the Governor and the General Assemblyand (3) requires that WSCC issue recommendations on timely expansions of the knowledge base and public water supply capital plant to assure continuity and sufficiency of the State’s public water supplies, and to explore funding mechanisms for such expansion ...more

(Additional Sponsors: Rep. Mulrooney)
(Co-Sponsors: Sens.: Bunting: and: Venables: and: Connor: Reps.: Q. Johnson: and: Outten: and: Thornburg: and: Walls: Carey: and: Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CA045303AF9045E885257592004C1A54Mon, 06 Jul 2009 15:35:38 -0400Delaware - Signed Legislation
This is a “housekeeping” bill for the Workers’ compensation medical payment system that was approved by the Health Care Advisory Panel (HCAP) and the Department of Labor. 

(Additional Sponsors: Rep. Oberle)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/090C3E6D3A60F4D38525757D006AA8ECMon, 06 Jul 2009 11:48:52 -0400Delaware - Signed Legislation
This bill more accurately defines the primary function for the office of the Clerk of the Peace, and separates that function from the constitutional title of the elected office holder that oversees its operation. 

(Additional Sponsors: Rep. Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0B2B42651A5218898525758B00603418Mon, 06 Jul 2009 11:47:29 -0400Delaware - Signed Legislation
This Act provides that if an entity requires a pharmacy to submit a request for payment electronically, then the pharmacy or its designated agent may choose to be reimbursed electronically, and in that event the entity shall electronically reimburse such pharmacy and shall provide the appropriate payment data electronically. In addition, an entity subject to this section may not impose a processing fee for the electronic reimbursement or for providing payment data electronically. 

(Co-Sponsors: Rep.: Bennett: Keeley: B. Short: D.E. Williams: and: Sens.: Ennis: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E0FC6F8336D9EAAB852575830052C969Mon, 06 Jul 2009 15:35:39 -0400Delaware - Signed Legislation
This Act replaces Title 5, Chapter 24 (“Mortgage Loan Originators”) to provide for the licensing of mortgage loan originators in accordance with the United States Secure and Fair Enforcement for Mortgage Licensing Act of 2008. 

(Additional Sponsors: Reps. Keeley, and B. Short, Sens. Adams, Bunting, Cook, Katz, Sokola, and Bonini, Reps. D.E. Williams, Bennett, Brady, Viola, Hocker, Hudson, Lavelle, and Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/716F5943FE00E9778525757E0052C3C7Mon, 06 Jul 2009 15:35:45 -0400Delaware - Signed Legislation
This Act would grant the Delaware Insurance Department the authority to review and approve health insurance rates in a manner consistent with other insurers.  Under current law a health insurer’s rate filing can only be disapproved if it is inadequate.  It is necessary for Delaware’s citizens and health insurance consumers to know that health rate filings will only be approved if they are fair and not excessive.  The Act also provides the Commissioner an opportunity to extend the review period f ...more

(Additional Sponsors: Rep. B. Short, and Rep. Oberle, and Rep. Kowalko)
(Co-Sponsors: Sens.: Bushweller: Ennis: Hall-Long: Henry: Peterson: and: Reps.: Q. Johnson: Keeley: Mitchell: Schooley: D. Short: Hudson: Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CD4573A6D6882884852575AF0051E84BMon, 06 Jul 2009 15:35:44 -0400Delaware - Signed Legislation
This Bill removes the stigma of HIV testing for pregnant women by including it in the standard battery of tests administered for all pregnant women. It will have the added beneficial effect of decreasing the rate of neonatal infection of HIV. It preserves the right of a pregnant woman to opt out of receiving the test. 

(Additional Sponsors: Rep. M. Marshall)
(Co-Sponsors: Sens.: Blevins: Cloutier: Connor: Hall-Long: Katz: McDowell: Peterson: Sokola: Sorenson: and: Rep.: Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F2F78069D59C08AB852575A800625F9DMon, 06 Jul 2009 15:35:37 -0400Delaware - Signed Legislation
This Bill relates to the Sussex Conservation District and implements the recommendations of the Joint Sunset Committee. It changes all references to Levy Court in Sussex County to the Sussex County Council. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3DE2002EA73ABF3F8525754D00739B35Mon, 06 Jul 2009 11:47:26 -0400Delaware - Signed Legislation
This Bill amends the City of Wilmington’s Home Rule Charter by changing the title of the “Personnel Department” to “Human Resources Department”and changing the title of the “Personnel Director” to “Human Resources Director”and and changing references to the “Personnel Code” to the “Human Resources Code” wherever those terms are used throughout the Charter. 

(Additional Sponsors: Rep. Brady, and Sen. McDowell)
(Co-Sponsors: Sens.: Ennis: Hall-Long: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DB62269972B99E208525757C004C7CE0Mon, 06 Jul 2009 11:47:35 -0400Delaware - Signed Legislation
This is an amendment to the municipal charter of the Town of Bethany Beach to make the charter consistent with the provisions of the State municipal election statute which prohibits any elected municipal official from taking office less than seven days after the election. 

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6C8A6387D40FF19C852575AF00826F84Mon, 06 Jul 2009 15:35:48 -0400Delaware - Signed Legislation
This Act creates license denial and revocation standards for nonpublic school teachers, specialists and administrators, and for public education employees, that are consistent, to the extent possible, with the license denial and revocation standards applicable to public school teachers, specialists and administrators, as set forth in 1217 and 1218 of Title 14 of the Delaware Code. 

(Additional Sponsors: Rep. Schooley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6511AF3B71CD42D0852575CA0065CB7AMon, 06 Jul 2009 15:35:48 -0400Delaware - Signed Legislation
This Bill would permit physician’s assistants who are supervised by licensed physicians and advanced practice nurses who are employed by or who have a collaborative agreement with a licensed physician, in addition to physicians, to sign applications and renewal applications for license plates, and temporary and permanent parking permits for persons with disabilities. 

(Additional Sponsors: Rep. Barbieri, and Rep. Miro)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/258E2CDC7C6E2901852575C9007048D3Mon, 06 Jul 2009 11:48:57 -0400Delaware - Signed Legislation
This Bill clarifies that if records of firearm sales are not handled in the manner required by the existing Firearms Transaction Approval Program (FTAP), an aggrieved party may seek redress in court. The Bill permits a successful party obtaining an injunction to enforce such rights to recover his or her attorney’s fees and court costs upon conclusion. 

(Additional Sponsors: Sen. Adams, and Rep. Atkins, and Rep. Cathcart, Sens. Bonini, Bunting, DeLuca, Hall-Long, McBride, Simpson, Venables, Reps. Bennett, Booth, Carey, Carson, Gilligan, Hocker, Q. Johnson, Kovach, Lee, Outten, Ramone, D. Short, Thornburg, Walls, Wilson)
(Co-Sponsors: Mitchell)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C24142C3C94BD579852575C2006CC655Mon, 06 Jul 2009 15:35:42 -0400Delaware - Signed Legislation
This Bill statutorily establishes de facto parent status in the State of Delaware by allowing the Family Court to consider evidence of a person’s assumption of parental responsibilities over a child and relationship with a child in determining the maternity and/or paternity of a child. It is intended to continue the rights and responsibilities of a de facto parent as set forth in In re: Hart, 806 A.2d 1179 (Del. Fam. 2001) without interruption. 

(Additional Sponsors: Rep. M. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B41E98D4F7E1E5EB85257591006A496DMon, 06 Jul 2009 15:35:43 -0400Delaware - Signed Legislation
Section 1 of the Act adopts the Uniform Principal and Income Act with some minor modifications. Accordingly, the comments to the Uniform Principal and Income Act as promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) are intended to be of relevance in construing this Act in circumstances where the text of this Act and that promulgated by NCCUSL are substantially the same. This Act sets the “default” income allocation in certain sections of Subchapte ...more

(Additional Sponsors: Rep. B. Short)
(Co-Sponsors: Reps.: M. Marshall: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BECECC0A510DEEAF852575A6006141AFMon, 06 Jul 2009 15:35:38 -0400Delaware - Signed Legislation
This Bill provides an effective date that allows the Acupuncture Advisory Council to be established, promulgate rules, and issue licenses before an acupuncturist is required under the law to be licensed two years after the law takes effect. 

(Additional Sponsors: Rep. Kowalko)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3037B4758ECD389E8525757D006CDD5CMon, 06 Jul 2009 15:35:48 -0400Delaware - Signed Legislation
This Joint Sunset Committee bill sunsets inactive Boards, Councils and Commissions. In the spring of 2008, the Joint Sunset Committee received a list of inactive Boards/Councils/Commissions from the Governor’s Office. The Committee notified each oversight agency that the Committee intended to sunset the inactive entity. Each agency responded to the Committee indicating that the entity was in fact inactive. The Committee also held a public hearing in regard to these entities. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E446D33C40CBD82A852575C90053FA82Mon, 06 Jul 2009 15:35:42 -0400Delaware - Signed Legislation
This Legislation would allow members of the Domestic Violence Coordinating Council to appoint a proxy member if they will be out of the State or physically disabled for a period of three months or longer. Author: Senator Blevins 

(Additional Sponsors: Sen. Sorenson, and Rep. Barbieri, and Rep. Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A07A01620CD7698685257597006ED401Mon, 06 Jul 2009 15:35:40 -0400Delaware - Signed Legislation
This Bill grants the Division of Motor Vehicles the authority to issue a temporary emergency suspension of a dealer license. The bill will help protect vehicle buyers when a dealer fails to submit vehicle title applications to the Division. The Division has seen an alarming number of dealers who are taking a vehicle buyer’s money but are not completing the transaction by providing a vehicle title. The current dealer license suspension system requires on to two months before a suspension is co ...more

(Additional Sponsors: Rep. Mitchell, Sen. Sorenson, and Rep. Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/76728BB16B8C9B2385257583007EB04FMon, 06 Jul 2009 11:48:57 -0400Delaware - Signed Legislation
This bill amends Title 28, Chapter 11 of the Delaware Code to add language to permit persons 16-18 years of age to conduct or assist in conducting bingo games, and persons over the age of 14 to serve as waiters and waitresses at bingo games, while not allowing such persons to play in the bingo game. It would also raise the amount which can be won in a single cookie jar bingo game to whatever amount the Board sets. Author: Sen. Ennis 

(Additional Sponsors: Sen. Adams, and Rep. Viola, Sens. Hall-Long, Bushweller, Venables, Reps. Barbieri, Bennett, Carson, Hudson, Lavelle, Mitchell, Oberle, Walls, J. Johnson, Q. Johnson, Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/935EB4E8F3763462852575BC0066E218Mon, 06 Jul 2009 15:35:43 -0400Delaware - Signed Legislation
Salvinorin A is the active constituent of salvia divinorum and is believed to be the ingredient responsible for the hallucinogenic effects of salvia divinorum. In 2006, the Delaware General Assembly outlawed salvia divinorum. This Bill outlaws Salvinorin A and includes it as a Schedule I controlled substance with other hallucinogenic substances. The Federal Drug Enforcement Agency considers Salvinorin A is a “drug of concern” because of its wide availability, potential for abuse, and hallucin ...more

(Co-Sponsors: Sens.: Ennis: Bushweller: Bunting: Reps.: Carson: Ramone: D. Short: Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4375A44122A029BE852575A60056000CMon, 06 Jul 2009 15:35:41 -0400Delaware - Signed Legislation
Because an increasing amount of the work undertaken by the Domestic Violence Coordinating Council is legislative in nature, this bill seeks to modify the composition of the Council in order to ensure broad, bipartisan representation from the General Assembly. Author: Senator Blevins 

(Additional Sponsors: Sen. Sorenson, and Rep. Barbieri, and Rep. Hudson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DB7E01B2A9F549B58525758500584A33Mon, 06 Jul 2009 15:35:43 -0400Delaware - Signed Legislation
Section 1 of the Act is intended to address circumstances in which the writings permitted by the statute are inconsistent with each other or with the terms of the will. Section 2 of the Act is intended to clarify the provisions of Section 907 of Title 12. Sections 3, 4, and 5 of the Act are intended to clarify the provisions of Section 3301 of Title 12. Section 6 of the Act is intended to expand a trustee~s ability to divide and sever interests in trust. ...more

(Additional Sponsors: Rep. B. Short)
(Co-Sponsors: Reps.: M. Marshall: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/884395BE1CEDF4B2852575A6005EEFB2Mon, 06 Jul 2009 15:35:48 -0400Delaware - Signed Legislation
This bill creates a certificate of authorization process for corporations and partnerships engaged in the practice of professional land surveying. The certification process reflects the changes in business organization in the surveying profession since the licensing statute was first created, and is intended to make it easier for consumers and others to identify the professional land surveyor who is in responsible charge of a survey. It is based upon the existing certificate of authorization ...more

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Connor: Katz: and: Reps.: Atkins: Bennett: Lee)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A37FDA71CA6D0FE0852575C900568AACThu, 02 Jul 2009 11:47:34 -0400Delaware - Signed Legislation

(Additional Sponsors: Rep. Kovach, and Rep. D. Short, and Sen. Hall-Long)
(Co-Sponsors: Rep.: Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BBC3B7D2EF787694852575AF007FB57BThu, 02 Jul 2009 11:48:55 -0400Delaware - Signed Legislation
This Act adds the term “sexual orientation” to the already-existing list of prohibited practices of discrimination. As such, this Act would forbid discrimination against a person on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance. In addition, this Act would establish that the Superior Court, in the first instance, would hear and adjudicate alleged criminal violations under the Act of equal accommodations, fair housing and e ...more

(Additional Sponsors: Sen. McDowell, and Sen. Sorenson, and Rep. Schwartzkopf, and Rep. Keeley, and Rep. Oberle, Sens. Bunting, Bushweller, Henry, and Peterson, Reps. Barbieri, Gilligan, Jaques, J. Johnson, Kowalko, Longhurst, M. Marshall, Mitchell, Mulrooney, Plant, Schooley, B. Short, Viola, D.E. Williams, and D.P. Williams)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B39629232C080EE3852575B50071E9C0Thu, 02 Jul 2009 11:47:37 -0400Delaware - Signed Legislation
Section 1 amends 2201 to provide a reference to the appropriate section of the Delaware Uniform Common Interest Ownership Act, 25 Del. C. 88-101, et seq., (“DUCIOA”) that serves as a roadmap for those provisions of DUCIOA that apply to existing condominiums that were formed under the Unit Property Act. Section 2 amends 2202(18) to substitute as the definition of a “reserve study” under the Unit Property Act the current definition from DUCIOA for a reserve study, so that the two acts are c ...more

(Additional Sponsors: Rep. Kovach, and Rep. D. Short, and Sen. Hall-Long)
(Co-Sponsors: Rep.: Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7D590F26DADAF9CF852575AF007EC7DEWed, 01 Jul 2009 10:54:32 -0400Delaware - Signed Legislation
This bill updates Title 16, Chapter 66 of the Delaware Code, as it relates to Fire Marshal fees for plan reviews, permits, license and certificates. 

(Additional Sponsors: Rep. Gilligan, and Rep. Longhurst, and Rep. Cathcart, and Rep. D. Short, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/12CA99630C5C16B3852575E40065C872Wed, 01 Jul 2009 11:47:51 -0400Delaware - Signed Legislation
This Act increases certain General Fund business and occupational gross receipts tax rates. Sections 1 and 5 through 19 of the Act set forth the specific gross receipts tax rate increases made by the Act. Sections 2, 3 and 4 of the Act correct outdated cross references to service business license categories for purposes of the Occupational License Taxes. Section 20 of the Act eliminates a sunset provision that would have automatically repealed the gross receipts tax rate increases that were e ...more

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Gilligan, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/75482BC508A098FA852575E400746F46Wed, 01 Jul 2009 11:47:51 -0400Delaware - Signed Legislation
This Act reinstates Delaware’s estate tax. Prior to 2002, the Internal Revenue Code allowed states to effectively share estate tax revenue with the federal government. From 2002 to 2005, the states’ share of this arrangement was phased-out. Under this Act, Delaware’s estate tax will be calculated using the rate schedule for state tax credits available under federal law in 2001. This Act recognizes important updates to federal estate tax law that have occurred since 2001. Furthermore, this ...more

(Additional Sponsors: Rep. Gilligan, and Rep. Schwartzkopf, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C84D6B0296714D42852575E4007BE66DWed, 01 Jul 2009 13:13:11 -0400Delaware - Signed Legislation
This Act will increase by one percentage point the personal income tax rate for taxable income in excess of $60,000. 

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Gilligan, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DABCC97658B24975852575E4006319BAWed, 01 Jul 2009 11:49:04 -0400Delaware - Signed Legislation

(Additional Sponsors: Rep. Keeley)
(Co-Sponsors: Blevins: Cook: McDowell: Cloutier: Connor)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/81F0508A2E25FD30852575E600234116Wed, 01 Jul 2009 13:13:01 -0400Delaware - Signed Legislation
This Act alters various fees and taxes assessed by the Delaware Secretary of State. The Act provides that most changes to the fees and taxes assessed will take effect on August 1, 2009and however increases to the maximum franchise tax and the assumed par value multiplier for calculation of the corporate franchise tax shall take effect for the tax year beginning January 1, 2009, and the increase of the minimum franchise tax applicable under the assumed par value test, and the late penalty for the ...more

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Longhurst, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2C8B2B69BF1FEBAB852575E400612529Wed, 01 Jul 2009 11:48:38 -0400Delaware - Signed Legislation
This Resolution provides the official revenue, refund and unencumbered funds estimates for Fiscal Year 2009. 

(Additional Sponsors: Sen. Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6ADC8D8F7D704928852575E500617588Wed, 01 Jul 2009 11:47:51 -0400Delaware - Signed Legislation
This Bill is the Fiscal Year 2010 Appropriation Act.

(Additional Sponsors: Sen. Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2B040E84967942D6852575E1005B93A5Wed, 01 Jul 2009 11:47:41 -0400Delaware - Signed Legislation
This Act increases the tax on cigarettes from $1.15 to $1.60 per 20-cigarette pack. Section 1 increases the cigarette tax rate. Section 2 makes the cigarette tax effective for possession within the state after midnight July 31, 2009. It also imposes a “floor tax” on inventories of cigarettes and requires that the difference between the new tax and the old tax be paid on stamps purchased on or before midnight July 31, 2009, but not affixed to any cigarettes as of the effective date of thi ...more

(Additional Sponsors: Rep. Gilligan, and Sen. DeLuca, and Sen. Cook, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3DAAA6FA278495A8852575D000489F45Wed, 01 Jul 2009 11:47:51 -0400Delaware - Signed Legislation
This Act adds direct-to-home satellite services to the public utility tax base and increases tax rates on public utilities other than cable television. 

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Longhurst, and Rep. D. Short, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/FC1C8248A58C32A9852575E40073DFB8Wed, 01 Jul 2009 10:54:31 -0400Delaware - Signed Legislation
Section 1 is intended to establish a Voluntary Compliance Initiative for eligible taxes administered by the Division of Revenue for a period running from September 1, 2009 through October 30, 2009. Any taxpayer who has a current outstanding liability for tax periods before January 1, 2009 and makes payment during the Initiative period or enters into a payment plan and makes payment before June 30, 2010 will have penalty and interest for late filing the return waived. Any non filer who files re ...more

(Additional Sponsors: Rep. Longhurst, and Rep. Schwartzkopf, and Rep. Cathcart, and Rep. D. Short, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AC2338DEAE6D51FD852575E4005E93BBWed, 01 Jul 2009 10:52:54 -0400Delaware - Signed Legislation
This Act eliminates the personal income tax exemption for Delaware lottery winnings. 

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Longhurst, and Rep. Cathcart, and Rep. D. Short, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A836A012A2913EE8852575E4006510EBWed, 01 Jul 2009 10:54:31 -0400Delaware - Signed Legislation
This Act increases the current State surcharge on each document or paper recorded or filed with the county recorders from $6 to $30. Additional proceeds of $24 per recordation or filing will supplement the Government Records Management Improvement Fund, which is renamed by this Act as the Delaware Cultural Access Fund. Fund fees retained by the State will be used to promote, preserve and protect Delaware’s cultural assets. Fees for the Government Records Management Improvement Fund have not been ...more

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Longhurst, and Rep. Cathcart, and Rep. D. Short, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C03DAA6DCBB4E2D3852575E400606B29Wed, 01 Jul 2009 11:47:36 -0400Delaware - Signed Legislation
Section 1 of this Act provides an alternate claim base period for individuals who have not earned sufficient wages in the first four of the last five completed calendar quarters base period to become monetarily eligible for unemployment insurance benefits. The alternate base period will be the four most recent completed calendar quarters immediately preceding the effective date of the claimant’s unemployment insurance claim. Section 2 of this Act clarifies that an individual’s “family” means the ...more

(Additional Sponsors: Rep. Oberle, and Sen. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4B4E95FD89785DE3852575AF0063259CWed, 01 Jul 2009 11:47:41 -0400Delaware - Signed Legislation
This Bill would change the license fees of licenses to sell alcoholic liquors which have remained the same since 1955. In addition to modernizing the fees, the Bill will require all licensees that wish to sell alcoholic liquors on Sunday to pay an additional fee. Currently taprooms, taverns, farm wineries, and package stores are not required to pay an additional fee while other licensees are. 

(Additional Sponsors: Rep. Gilligan, and Sen. DeLuca, and Sen. Cook, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4BAA6D446AC0DA80852575D00061131CWed, 01 Jul 2009 11:48:38 -0400Delaware - Signed Legislation
This Resolution provides the official revenue, refund and unencumbered funds estimates for Fiscal Year 2010. 

(Additional Sponsors: Sen. Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4E398109EF4C1ABB852575E5006212D9Wed, 01 Jul 2009 11:47:52 -0400Delaware - Signed Legislation
This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2010. Section 1 – Government Units and Senior Centers $20,250,879 Section 2 – One Times and Community Agencies $10,710,693 Section 3 – Fire Companies $ 4,205,139 Section 4 – Veterans Organizations $ 231,800 GRAND TOTAL $35,398,511 

(Additional Sponsors: Sen. Cook)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5E50DBF0826A9218852575E1005E0B6EWed, 01 Jul 2009 11:47:51 -0400Delaware - Signed Legislation
This Act increases all fees for certified and non-certified copies of vital records to $25. Certified copies of marriage certificates are already $25. The Act also increases the fee for all heirloom certificates to $35. This Act removes reference to funding being used for the Delaware Children’s Trust Fund, since the Delaware Children’s Trust Fund is no longer in existence. 

(Additional Sponsors: Rep. Schwartzkopf, and Rep. Longhurst, and Rep. Cathcart, and Rep. D. Short, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson, and Sen. Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7CC6C9608195D41B852575E400482D60Wed, 01 Jul 2009 11:47:51 -0400Delaware - Signed Legislation
This Act establishes a business license for firms engaged in the business activity of crude oil lightering. The annual license fee is $100,000. Crude oil lightering operators would not be subject to the gross receipts tax. Section 1 of the Act establishes the annual business license fee for crude oil lightering operators. Section 2 of the Act exempts crude oil lightering operators from the gross receipts tax and revises out-of-date references. Section 3 directs that all license fees genera ...more

(Additional Sponsors: Rep. Gilligan, and Rep. Schwartzkopf, and Rep. Longhurst, and Sen. DeLuca, and Sen. Cook, and Sen. Blevins, and Sen. Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D8E1314FC3426A57852575E4006384F4Tue, 30 Jun 2009 11:47:35 -0400Delaware - Signed Legislation
This act permits the Department of Health and Social Services to provide online access to the names and nature of the conduct committed by those persons who are actively listed on the Adult Abuse Registry as a result of substantiated findings of abuse, neglect, or financial exploitation. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Bennett: Carson: Hudson: M. Marshall: Mitchell: Schooley: Schwartzkopf: Scott: D. Short: and: Sen.: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D873327A8881B903852575AD00728BD9Tue, 30 Jun 2009 11:48:52 -0400Delaware - Signed Legislation
This Bill clarifies that the grandfathering provision of the “Child Victims Act” expires two years after the Bill passing the 144th General Assembly was enacted. 

(Additional Sponsors: Rep. Hudson)
(Co-Sponsors: Sens.: Bunting: Bushweller: Sorenson: Reps.: Scott: Ramone: Kowalko: Miro: Carson: Manolakos)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F983D0C06129DBA085257593006DF7BAFri, 26 Jun 2009 15:35:38 -0400Delaware - Signed Legislation
Chapter 98 of Title 10 sets, by statute, all fees chargeable in the Justice of the Peace Court. The fees of all other courts in the State of Delaware are set by court rule, subject to approval by the Chief Justice and the Delaware Supreme Court. Currently, if a fee in that Court needs to be modified for any reason, the General Assembly must take it up as an amendment to the statute. Such modifications have been required approximately 5 times in the past 10 years, often for very small adjustment ...more

(Co-Sponsors: Rep.: M. Marshall: and: Sens.: DeLuca: Marshall: and: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C889997D259E441A8525757C00625B28Fri, 26 Jun 2009 15:35:37 -0400Delaware - Signed Legislation
This Bill relates to the Delaware Health Statistics Center and implements the recommendations of the Joint Sunset Committee. It designates the number of members to be appointed to the Hospital Discharge Technical Advisory Committee and provides specific terms of service. The Bill also clarifies that appointments to the Committee are made by the Secretary of the Department of Health and Social Services. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sens.: Bonini: Bushweller: Connor: Katz: and: Reps.: Atkins: Bennett: Lee: Thornburg)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/06E3D4FC32AD881B8525754D007349A9Fri, 26 Jun 2009 15:35:38 -0400Delaware - Signed Legislation
This Act makes certain changes in Chapter 95, Title 10 of the Delaware Code relating to trespass, replevin, and detinue proceedings in the Justice of the Peace Court. Section 1 conforms the form of summons in a trespass case to be the same as the form for all Justice of the Peace Court actions. Section 2 eliminates an arcane provision making the Justice of the Peace personally liable for court costs when a trespass action is overturned on certain appeals. Section 3 deletes a phr ...more

(Co-Sponsors: Rep.: M. Marshall: and: Sens.: DeLuca: Marshall: and: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0B2E7D645346DEF78525757C00619768Fri, 26 Jun 2009 11:47:29 -0400Delaware - Signed Legislation
This bill exempts active military personnel and their spouses from having to pay the $25.00 fee for a copy of their marriage license or certificates. Military personnel and their spouses are required to file multiple copies of their marriage licenses/certificates to apply for and prove eligibility for a wide array of military entitlements and benefits. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Kowalko: Oberle: and: Sens.: Ennis: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/240B88C12E8A9A1E8525758B0056F450Fri, 26 Jun 2009 11:47:33 -0400Delaware - Signed Legislation
This bill adds “stepson” and “stepdaughter” to the list of what constitutes a family member for purposes of family court proceedings, including Protection From Abuse proceedings. 

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Bennett: Jaques: Keeley: Kowalko: Lee: Outten: Plant: Schooley: Wilson: and: Sens.: Bonini: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/DCE49E0AB120967D852575A800686148Fri, 26 Jun 2009 23:29:10 -0400Delaware - Signed Legislation
This bill, in sections 1 and 2, designates minor motor vehicle offenses as violations, most of which 4102 of Title 21, and 233(c) of Title 11, currently classify, by default, as “unclassified misdemeanors” since Title 21 generally does not designate offenses as violations, misdemeanors, or felonies. The purpose of this bill is to make the designations for motor vehicle offenses proportional to the seriousness of the offense, and to ensure that no one loses a job opportunity solely because the ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Carson: Scott: Walls: D.P. Williams: and: Sen.: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1564FD56E00524358525758B006761FAFri, 26 Jun 2009 11:47:30 -0400Delaware - Signed Legislation
This bill presents extensive revisions to Chapter 51, Title 24 of the Delaware Code to bring greater clarity and consistency to the statute and to update practice standards. The bill amends the definition of “cosmetology” to include singeing, braiding and pressing of hair. Pursuant to the proposed bill, individuals who practice in these areas must be licensed. Further, schools must become accredited. With respect to accreditation, a grandfather clause exempts schools that have been continually l ...more

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Atkins: Bennett: Lee: Thornburg: and: Sens.: Bonini: Bushweller: Connor: Katz)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AAED66A70D199AE78525759200513782Fri, 26 Jun 2009 11:47:25 -0400Delaware - Signed Legislation
This bill authorizes the Alcohol Beverage Control Commission to grant a farm winery a temporary license to retail specially designated product, for no more than three years in diminishing capacity, pending other governmental approvals for manufacturing or fermenting. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Rep.: Ramone)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A284D55AA7624F568525757E0072EEC7Fri, 26 Jun 2009 14:09:27 -0400Delaware - Signed Legislation
This act amends the charter of the Town of Smyrna to authorize the town to extend the maximum repayment term of loans the town is authorized to borrow from 30 to 40 years. This change will allow Smyrna to take advantage of low-interest, long-term loans available from the Rural Utilities Service of the United States Department of Agriculture (as well as other federal loan programs) which permit a 40-year amortization. 

(Additional Sponsors: Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/AEE559B77E89703D8525758D006618E2Fri, 26 Jun 2009 11:47:33 -0400Delaware - Signed Legislation
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. Section 1. This section amends 17-111 of the Act to clarify the jurisdiction of the Court of Chancery with respect to matters pertaining to Delaware limited partnerships. Section 2. This section amends 17-211(c)(4) of the Ac ...more

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: Carson: J. Johnson: Kovach: Lee: Mitchell: Plant: D.P. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/68309417339612EC852575A700717E56Fri, 26 Jun 2009 11:47:30 -0400Delaware - Signed Legislation
This bill eliminates language in the Delaware Code that prohibits a judge of the State of Delaware from receiving his or her state pension upon becoming a federal judge. 

(Additional Sponsors: Rep. M. Marshall, and Sen. Blevins)
(Co-Sponsors: Reps.: Bennett: Carson: Hocker: Hudson: Jaques: Keeley: Kovach: Lavelle: Schooley: Scott: and: Sens.: Bunting: Bushweller: Katz: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/964C74BD7262FDE58525758A0057D564Fri, 26 Jun 2009 10:54:30 -0400Delaware - Signed Legislation
This Substitute Bill reinstates provisions of the law relating to axle load limits inadvertently removed through the passage of HB364 by the 144th General Assembly, as the removal of these provisions has proven detrimental to Delaware’s farmers. 

(Additional Sponsors: Rep. Booth, and Rep. Carson, and Rep. Longhurst, and Sen. Adams)
(Co-Sponsors: Reps.: Carey: Lee: Thornburg: Wilson: and: Sen.: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BA6770EDBFCD273E852575AD005F3CD0Fri, 26 Jun 2009 15:35:43 -0400Delaware - Signed Legislation
This bill continues the practice of amending periodically the Delaware Limited Liability Company 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. Section 1. This section amends 18-111 of the Act to clarify the jurisdiction of the Court of Chancery with respect to matters pertaining to Delaware limited liability companies. Section 2. This section amends 18-204(a) ...more

(Additional Sponsors: Rep. M. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4F32A8465A8C8EB3852575A600595F6CFri, 26 Jun 2009 11:47:30 -0400Delaware - Signed Legislation
This bill amends the “zero tolerance” provision in the Delaware Code to give discretion to school boards to modify the terms of expulsions when a school board determines that it is appropriate to do so. 

(Additional Sponsors: Rep. Barbieri, and Sen. Hall-Long, and Sen. Sokola)
(Co-Sponsors: Reps.: Atkins: Blakey: Gilligan: Hudson: Keeley: Kowalko: Kovach: Longhurst: Mitchell: Ramone: Scott: B. Short: Viola: Walls: Wilson: NewLine: Sens.: Bunting: Cloutier: Ennis: Simpson: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/59F4E12830345D298525758C0062E52EFri, 26 Jun 2009 11:47:31 -0400Delaware - Signed Legislation
This Act permits New Castle County to contract for sole source items, emergency needs and contract performance to the same extent available to the State of Delaware pursuant to Chapter 69 of Title 29 of the Delaware Code 

(Additional Sponsors: Rep. B. Short, and Sen. Hall-Long)
(Co-Sponsors: Reps.: Kowalko: Ramone: Viola: D.E. Williams: and: Sen.: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/C9AF5B6456BA31FC85257593006CDEE2Fri, 26 Jun 2009 15:35:43 -0400Delaware - Signed Legislation
This bill continues the practice of amending periodically the Delaware Revised Uniform 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. Section 1.This section amends 15-101(16) of the Act to confirm the intended broad scope of the term ~trust~ as used in the definition of ~Person~. Sections 2, 6, 7 and 9. These sections amend  15-103(c), 15-201(a), 15-203 and 15-501 of ...more

(Additional Sponsors: Rep. M. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8D3B2A61E1835918852575A6005A8970Thu, 25 Jun 2009 15:35:39 -0400Delaware - Signed Legislation
Parents of children with severe disabilities experience difficulty in identifying practitioners willing and able to provide effective dental care. Children with autism or mental deficiency are often uncooperative with treatment. Children with postural or mobility impairments may be unable to transfer from a wheelchair or sit in a standard dental treatment chair. Strict application of “in-network” insurance restrictions exacerbates the parents dilemma since there may be no nearb ...more

(Additional Sponsors: Sen. Blevins, and Rep. Kowalko)
(Co-Sponsors: Sen.: Ennis: and: Reps.: Carson: B. Short: Mulrooney: Jaques: Viola: M. Marshall: Q. Johnson: Oberle: Lavelle: Keeley: and: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/7910F193E2EE3A57852575830061ACC5Wed, 24 Jun 2009 15:35:49 -0400Delaware - Signed Legislation
The Extended Benefits (EB) program is a permanent program required by federal law, started in 1970, that provides weeks of extended unemployment benefits to states experiencing high levels of unemployment, as defined by certain unemployment rate “triggers”. The state “triggers” on to 13 weeks of EB if the state’s IUR (insured unemployment rate) exceeds 5.0 percent and is 120.0 percent higher than it was during the same period in both of the prior two calendar years. The EB program is paid 100.0 percent from the stat ...more

(Additional Sponsors: Sen. Venables, Rep. B. Short, and Rep. Oberle)
(Co-Sponsors: and: Sen.: Cloutier)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5934824D9FB6C093852575CB00657100Wed, 24 Jun 2009 11:47:27 -0400Delaware - Signed Legislation
This Act requires that any rental payments or rental increases shall be paid in equal, pro rata, amounts extended equally over a calendar year. Any requirement of a lump sum payment for rent shall be forbidden, unless the tenant requests such payment, and the owner/landlord agrees to such lump sum payment. 

(Co-Sponsors: Reps.: Kowalko: Longhurst: Schwartzkopf: and: Sen.: Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/844EB6072BFAA9518525758B0054A249Thu, 18 Jun 2009 11:47:28 -0400Delaware - Signed Legislation
This Bill allows each competent adult patient to receive visits in a Hospital or Nursing Facility from whomever the patient or resident desires, subject to restrictions set forth in the Bill. In addition, this Bill ensures that hospitals and other healthcare facilities defined in the Bill can maintain a safe environment by restricting visitations by those who pose a threat to patients and/or staff, or could interfere with patient care or the right of other patients to enjoy a non-disruptive env ...more

(Additional Sponsors: Rep. Kowalko, and Sen. Bunting)
(Co-Sponsors: Sens.: Connor: Cloutier: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E9D49AFF133E61958525758C00546D29Thu, 18 Jun 2009 15:35:48 -0400Delaware - Signed Legislation
This Bill would reduce from 3 to 2 the number of residents from New Castle County outside the City of Wilmington on the State Board of Education, and would add an at large member. This change better reflects the current population of the three counties and provides the Governor with the flexibility to appoint an at large board member on the basis of qualifications, need or population shift. 

(Additional Sponsors: Reps. Schwartzkopf, and Booth)
(Co-Sponsors: Sens.: Bushweller: and: Simpson: and: Rep.: Carey)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B9C335366EE1E232852575CA005EB53BThu, 18 Jun 2009 15:35:38 -0400Delaware - Signed Legislation
Sections 1 and 2 of this bill combine to reduce the engineering experience necessary for an individual who has an engineering or related degree that is not EAC of ABET accredited. This proposal is consistent with the National Council of Examiners for Engineering and Surveying (NCEES) Model Law. 

(Additional Sponsors: Rep. Kowalko)
(Co-Sponsors: Sen.: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/409145B7CE272A588525757D00611340Wed, 17 Jun 2009 11:48:49 -0400Delaware - Signed Legislation
The deletion of this sentence clearly defines “resident of this state” so as to be consistent with the current marriage licensing policies of Delaware’s Clerks of the Peace. This bill has the bipartisan support of all three Delaware Clerks of the Peace. 

(Additional Sponsors: Rep. Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CB54795FDE46E47C8525758B0060CEE9Wed, 17 Jun 2009 11:48:49 -0400Delaware - Signed Legislation
This bill would prohibit marriage between a half brother and half sister (individuals with the same biological mother or father). 

(Additional Sponsors: Rep. Carson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/11A6A49CE10AB30E8525758B005F9E7ETue, 16 Jun 2009 11:47:27 -0400Delaware - Signed Legislation
This bill modifies some of the existing provisions in the Delaware Code relating to custody and third party visitation of children. This bill also creates two new chapters in Title 13 of the Delaware Code, which are designed to be more user-friendly chapters relating to custody and third party visitation of children. Section 1 of the bill slightly broadens the definition of “relative” to include great-grandparents, grand aunts or uncles and half brothers and sisters. Section 2 clarifies that ...more

(Additional Sponsors: Sen. Blevins)
(Co-Sponsors: Reps.: Barbieri: Schooley: J. Johnson: Keeley: Oberle: B. Short: and: Sen.: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/009B1C59F4A69B028525756F004C1A3BTue, 16 Jun 2009 11:47:28 -0400Delaware - Signed Legislation
This Act creates a new statute that is patterned after and replaces the substantial assistance provision in Delaware’s drug trafficking statute but that is broader as it applies to any criminal sentencing. It provides the Attorney General the discretion to move sentencing court to sentence a convicted defendant who has provided substantial assistance to the State to a lesser term than is otherwise called for by law or to modify or reduce the sentence of one who has been previously sentenced and ...more

(Additional Sponsors: Sen. Bushweller)
(Co-Sponsors: Reps.: Brady: Scott: and: Sens.: Ennis: Hall-Long)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D92B3673A1CFE24C85257571006AEAAFTue, 16 Jun 2009 11:47:21 -0400Delaware - Signed Legislation
This amendment clarifies the procedures for the assessment of taxes, providing the option to use Sussex County assessments or to cause the Town’s own assessment to be prepared, clarifies the procedures for supplementary assessments, and provides that the tax lien is imposed for a period of 10 years. 

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/5D4CE02AA41F8A018525754C006E9E64Tue, 16 Jun 2009 11:47:13 -0400Delaware - Signed Legislation
This Act increases the dollar amount of damages that can be recovered against a parent or guardian of a minor under the age of 18 years who causes property damage. 

(Additional Sponsors: Sen. Henry)
(Co-Sponsors: Reps.: Bennett: Brady: Carson: Hudson: Jaques: Keeley: Miro: Mitchell: Outten: Walls: D.P. Williams: D.E. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/244E38CADE961E3D8525754B005A456CTue, 16 Jun 2009 11:47:23 -0400Delaware - Signed Legislation
This bill revises the school board members’ oath of office by having members swear or affirm to support the laws of Delaware governing public education, along with supporting the U.S. and Delaware constitutions. 

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Gilligan: Q. Johnson: Keeley: Mitchell: D. Short: Hudson: Miro: and: Sens.: Bunting: Peterson: Simpson: Sorenson: Bonini)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/38F19053345B9655852575460058011BTue, 16 Jun 2009 11:47:22 -0400Delaware - Signed Legislation
This act increases the penalties for illegally hunting wild turkeys. Delaware began its Wild Turkey Restoration project in 1984 with the release of 34 trapped birds from Pennsylvania, New Jersey and Vermont. To enhance genetic diversity and speed up the stocking of birds in all available habit, additional wild turkeys were acquired from other states, at a cost of approximately $500.00 per bird. Although the cost to purchase and import wild turkeys is very expensive, the penalties levied on in ...more

(Co-Sponsors: Reps.: Atkins: Bennett: Carey: Carson: Hocker: J. Johnson: Keeley: Mitchell: Mulrooney: B. Short: Viola: D.E. Williams: Wilson: and: Sens.: Cloutier: Ennis: Hall-Long: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8E2355F3F362EA708525753E00759D94Tue, 16 Jun 2009 11:47:26 -0400Delaware - Signed Legislation
This Act amends the Town Charter of the Town of Dewey Beach to comply with changes to 15 Del. C. 7501 et seq., enacted by the 143rd General Assembly, concerning municipal elections. 

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/63AFD6A049664CAE8525757C0061E500Mon, 15 Jun 2009 15:35:39 -0400Delaware - Signed Legislation
This Amendment adds provisions for: a twenty-one day filing deadline for candidacy prior to the Annual Municipal Electionand a twenty day candidacy filing periodand notification requirements for candidacy and electionsand reference to the provisions of 15 Delaware Code Chapter 75 for election procedures and Board of Election requirements, procedures for declaring an uncontested election unnecessary and provides for proper gender references for Councilpersons. 

(Additional Sponsors: Rep. Atkins)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4DB9DB2A8C0A95F68525758300592DFDFri, 12 Jun 2009 14:10:25 -0400Delaware - Signed Legislation
This bill allows the public to have access to meetings of the Delaware General Assembly except for caucuses. Additionally, the bill allows the public to have access to records of the Delaware General Assembly. The current exceptions that apply to public bodies and public records would apply to meetings and records of the Delaware General Assembly. 

(Additional Sponsors: Sen. Peterson)
(Co-Sponsors: Reps.: Barbieri: Bennett: Brady: Carson: Cathcart: Jaques: J. Johnson: Kowalko: Lavelle: Longhurst: M. Marshall: Miro: Mitchell: Schooley: Scott: Walls: D.E. Williams: and: Sens.: Bonini: Bunting: Bushweller: Cloutier: Connor: Marshall: Sokola: Sorenson: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/199E41B03C45312F8525751B005E92A9Thu, 11 Jun 2009 11:48:58 -0400Delaware - Signed Legislation
This Act will generate an additional $6.5 million in resources for the General Fund to help manage the $26.1 million budget shortfall for Fiscal Year 2009 projected at the May 2009 DEFAC meeting. This Act appropriates certain special funds to the State, deposits certain funds to the General Fund and provides for General Fund reversion. 

(Additional Sponsors: Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/70C287EF49F06BC5852575CA004DF1FEWed, 27 May 2009 11:47:26 -0400Delaware - Signed Legislation
This bill eliminates the appointment of a Mortgage Commissioner by the Superior Court of Kent County. This bill applies only to Kent County. 

(Additional Sponsors: Sen. Ennis)
(Co-Sponsors: Rep.: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/16205CF6F62118BE85257571005E4209Wed, 27 May 2009 11:48:53 -0400Delaware - Signed Legislation
This Act establishes May as Melanoma and Skin Cancer Detection and Prevention Month in the State of Delaware 

(Co-Sponsors: Sens.: Adams: Blevins: Bonini: Bunting: Bushweller: Connor: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Simpson: Sokola: Sorenson: Venables: and: Reps.: Barbieri: Blakey: Booth: Carey: Gilligan: Hocker: Hudson: Jaques: Keeley: Kovach: Kowalko: Lavelle: Lee: Longhurst: M. Marshall: Miro: Oberle: Ramone: Schooley: B. Short: D. Short: D.E. Williams: D.P. Williams: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6E156BA7F7CEF60E85257546006163C2Fri, 22 May 2009 15:35:36 -0400Delaware - Signed Legislation
Currently abandonment of a child less than 16 years of age is a misdemeanor and abandonment of a child 16 years of age and older is not a crime. This would make all cases of child abandonment a felony, with children under 14 a class E felony and those 14 or over a class F felony. Author: Senator Blevins 

(Additional Sponsors: Rep. M. Marshall)
(Co-Sponsors: Sens.: Ennis: Henry: Peterson: Sorenson: and: Reps.: Barbieri: Bennett: Carson: Gilligan: Hudson: Jaques: Q. Johnson: Keeley: Lavelle: Mitchell: Oberle: Schooley: D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8E2F24F726EE19838525754C006833ACFri, 22 May 2009 15:35:37 -0400Delaware - Signed Legislation
This legislation qualifies that the child can be a witness to an act of domestic violence by sound as well as sight, acknowledging that a child may have only heard the violent act from another room, but nonetheless be a witness who is emotionally impacted by it. Author: Senator Blevins 

(Additional Sponsors: Sen. Sorenson, and Rep. Hudson, and Rep. M. Marshall)
(Co-Sponsors: Sens.: Bushweller: Bunting: Ennis: Henry: Katz: McDowell: Peterson: Sokola: and: Reps.: Barbieri: Cathcart: Gilligan: Jaques: Q. Johnson: Keeley: Kovach: Mitchell: Oberle: Ramone: Schooley: Walls)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/3CCE50B4DB42F8288525755C0065A794Tue, 19 May 2009 15:35:38 -0400Delaware - Signed Legislation
This bill allows guardians and permanent guardians of children to petition for termination of parental rights and adoption. 

(Additional Sponsors: Rep. Thornburg)
(Co-Sponsors: Sens.: Blevins: and: Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/0F7C7EAD144AD2C185257577005CE097Tue, 19 May 2009 15:35:36 -0400Delaware - Signed Legislation
Sections 1 and 2 provide an alternative form for a UCC Financing Statement Amendment and the Addendum therefore. Section 3 provides that this Act shall become effective August 1, 2009. 

(Additional Sponsors: Reps. B. Short, and M. Marshall, and Bennett)
(Co-Sponsors: Sens.: Bonini: Cook: Sokola: Reps.: Bennett: Brady: Hocker: Hudson: Keeley: Lavelle: Viola: )

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F528D8AA349CCD7E8525754B00580E79Tue, 19 May 2009 15:35:36 -0400Delaware - Signed Legislation
This legislation provides for the operation of the courts in the event of an emergency due to natural or manmade causes that destroys or severely damages one or more court facilities or severely impacts the ability to staff the courts. Although 20 Del. C. 3116 provides for the Governor to suspend the provisions of regulatory statutes prescribing the conduct of state business, and the orders, rules, and regulations of state agencies if strict compliance would in any way prevent, hinder or dela ...more

(Additional Sponsors: Rep. M. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/EF382DE9DB3813088525754B00652F56Mon, 18 May 2009 11:47:20 -0400Delaware - Signed Legislation
This Act amends the Charter for the Town of Dewey Beach to authorize the Town to levy and collect an accommodations tax. 

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/D6A7B217FE377E1F85257544005584A5Thu, 14 May 2009 15:35:40 -0400Delaware - Signed Legislation
This Amendment modifies and modernizes the provisions for borrowing and bond funding. Specifically, the Charter Bill adds permission to provide the amount to be borrowed to be stated in a ~not to exceed~ amountand modifies voter qualifications to be the same as annual electionsand provides for appointment of a Board of Election and procedureand authorizes the Town to cancel the borrowingand provides for bond anticipation notesand increases the maximum limit on bonded indebtedness to twenty-five percent ( ...more

(Additional Sponsors: Rep. Hocker)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/B2374E0FE343E73F852575830074964CThu, 14 May 2009 11:48:43 -0400Delaware - Signed Legislation
This Bill amends Title 28, Chapters 11 and 15 of the Delaware Code as it relates to charitable gambling as defined under the authority of the Delaware Gaming Control Board. It would add language to indicate that permits as well as licenses may be issued depending on the type of game involved, increase the monetary payout of the “cookie jar bingo” game from $500.00 to $1000.00, increase the value of certain prizes and allow reasonable compensation to be paid to person(s) assisting in the conduct ...more

(Additional Sponsors: Sen. Adams, and Rep. Viola, Sens. Hall-Long, Bushweller, Venables, Reps. Barbieri, Bennett, Carson, Hudson, Lavelle, Mitchell, Oberle, Walls, J. Johnson, Q. Johnson, Atkins, Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2CE910BB53D486A78525755B00546938Thu, 14 May 2009 15:35:38 -0400Delaware - Signed Legislation
This bill tightens a few areas in the termination of parental rights statute pertaining to children abandoned by their parents or killed or almost killed by their parents. First, it expands the abandonment age from 6 months to 6 years old where children are left in circumstances which place the child at substantial risk of injury or death. It also allows termination of parental rights, where the grounds can be proven, if a parent causes the death or near death of any child, and includes reckle ...more

(Additional Sponsors: Sen. Cloutier, and Rep. M. Marshall)
(Co-Sponsors: Sens.: Bushweller: Ennis: Hall-Long: Sokola: Sorenson: and: Reps.: Barbieri: Bennett: Gilligan: Hocker: Hudson: Keeley: Lavelle: Mitchell: Oberle: Schooley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/6840242B83BB16CB852575750066E0F1Thu, 14 May 2009 13:23:20 -0400Delaware - Signed Legislation
SYNOPSIS This bill requires the Lottery Director to use his or her authority to reestablish a sports lottery, which will enhance the Delaware Lottery, protect Delaware employment, and provide additional revenues for the State. The sports lottery excludes collegiate sporting events that involve a Delaware college or university. Persons under the age of 21 will not be allowed to participate in the sports lottery. In reestablishing the sports lottery, the bill would take advantage of an exempt ...more

(Additional Sponsors: Rep. Longhurst, and Sen. DeLuca)
(Co-Sponsors: Reps.: and: Barbieri: Gilligan: Hudson: Keeley: Lavelle: M. Marshall: Plant: Schooley: B. Short: Viola: and: Sens.: Henry: Katz: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F9CCCE77C918EBE285257590004899CDThu, 14 May 2009 15:35:38 -0400Delaware - Signed Legislation
This Act has the effect of naming the Worship Center/Multi-Purpose building at the Baylor Women’s Correctional Institution in honor of Fay and Norman Whittle who worked tirelessly for its construction. 

(Additional Sponsors: Sen. Blevins, Rep. Keeley, and Rep. Kowalko)
(Co-Sponsors: Sens.: Ennis: Henry: Sorenson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/BA89EE4DB83796EB8525757C0055F4F1Thu, 14 May 2009 11:48:43 -0400Delaware - Signed Legislation
This Bill amends Chapter 18, Title 28 of the Delaware Code as it relates to Texas Hold’em Poker. Eliminates the no limit phase from the chapter making the game Texas Hold’em Poker. Adds definitions to the Chapter and allows the Board to set fees for Texas Hold’em Games. Mandates that facilities only conduct one (1) tournament a day. Allows organizations to have five (5) tournaments per calendar year instead of four (4). Establishes sit-and-go games and clarifies a year is a calendar year. ...more

(Additional Sponsors: Sen. Adams, and Rep. Viola, Sens. Hall-Long, Bushweller, Venables, Reps. Bennett, Carson, Hudson, Outten, Mitchell, J. Johnson, Q. Johnson, Atkins, Keeley)
(Co-Sponsors: Scott)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8A38E490783B853D8525751A006FFEC4Thu, 14 May 2009 11:47:22 -0400Delaware - Signed Legislation
The current Move On Over law applies to police and stationary authorized emergency vehicles of the Department of Transportation. The law, which is helping to reduce the risk of serious injuries and death to public servants who are working in harm’s way, currently does not apply to tow trucks that are not authorized vehicles of the Department of Transportation. This bill would extend the Move On Over law to tow trucks displaying flashing amber or red warning lights, whose operators are at simil ...more

(Additional Sponsors: Sen. Ennis, and Sen. Bushweller)
(Co-Sponsors: Reps.: Bennett: Miro: Mitchell: Outten: Walls: Wilson: and: Sen.: Connor)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/451B453A90C918308525754D00770D35Thu, 14 May 2009 15:35:38 -0400Delaware - Signed Legislation
Section 1. This section eliminates the need for duplicative mailings of process where the residence or last known address of the director, trustee, member or officer is the same as the address of the corporation’s principal place of business. Section 2. This section provides for an effective date of August 1, 2009. Author: Sen. DeLuca 

(Additional Sponsors: Rep. M. Marshall)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/52162ED44D6A9B0A852575760057E98CThu, 14 May 2009 11:48:52 -0400Delaware - Signed Legislation
This Act authorizes the issuance of $117,770,011 in Transportation Trust Fund Bonds to fund transportation projects authorized in the Fiscal Year 2009 and 2010 Bond and Capital Improvement Acts. This Act further generates an additional $1.1 million in resources for the General Fund to help manage the remaining budget shortfall in Fiscal Year 2009 of $26.5 million. Author: Joint Legislative Committee on the Capital Improvement Program 

(Additional Sponsors: Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E878CDF6ADBEAB3E852575A8006B8885Tue, 12 May 2009 11:47:22 -0400Delaware - Signed Legislation
Under current law, if a person is arrested for driving with a suspended license and the judge finds that the sole reason for the suspension is that the person failed to pay a traffic ticket eligible for voluntary assessment, the lesser penalties for failure to reinstate apply in lieu of the penalties for driving during suspension. The General Assembly has further provided that a conviction for failure to reinstate obtained under such circumstances may not be considered for purposes of establishi ...more

(Additional Sponsors: Rep. M. Marshall, and Rep. Walls, and Sen. Bushweller, and Sen. Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/737F759ED3E004458525754D00588123Tue, 12 May 2009 11:47:21 -0400Delaware - Signed Legislation
Among the penalties for failure to answer a summons is the charge of “Failure to Answer a Summons” spelled out in 21 Del. C. 702. However, the current processes for the return of a summons includes the ability of a court to issue a capias or bench warrant for failure to appear, which, instead of adding another charge to the defendant, prompts the defendant to return and deal with the existing charge or be arrested on the capias. Further, the voluntary assessment procedures provide clear penalti ...more

(Additional Sponsors: Rep. M. Marshall, and Rep. Walls)
(Co-Sponsors: Reps.: Atkins: Carson: and: Sens.: Bushweller: Ennis)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/A6BB69FECFBF40E58525754C00787163Thu, 07 May 2009 15:35:39 -0400Delaware - Signed Legislation
This act amends the Town Charter of the Town of Wyoming by changing the designated fiscal year from May 1 through April 30 to July 1 through June 30. 

(Additional Sponsors: Rep. Blakey)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4CFD520CDA9157B1852575820050E7DATue, 05 May 2009 11:48:38 -0400Delaware - Signed Legislation
This joint resolution dedicates and allows an area on the south side of the Legislative Mall to be used for the placement of a Delaware Law Enforcement Memorial to honor law enforcement officers who lost their lives while serving the citizens of Delaware. 

(Additional Sponsors: Sen. Adams)
(Co-Sponsors: Reps.: Atkins: Barbieri: Bennett: Blakey: Booth: Brady: Carey: Carson: Cathcart: Hocker: Hudson: Jaques: J. Johnson: Q. Johnson: Keeley: Kovach: Kowalko: Lavelle: Lee: Longhurst: Manolakos: M. Marshall: Miro: Mitchell: Mulrooney: Oberle: Outten: Plant: Ramone: Schooley: Schwartzkopf: Scott: B. Short: D. Short: Thornburg: Viola: Walls: D.E. Williams: D.P. Williams: Wilson: and: Sens.: Blevins: Bonini: Bunting: Bushweller: Cloutier: Connor: Cook: DeLuca: Ennis: Hall-Long: Henry: Katz: Marshall: McBride: McDowell: Peterson: Simpson: Sokola: Sorenson: Venables)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F6986373096793B0852575A600523C35Thu, 30 Apr 2009 11:47:18 -0400Delaware - Signed Legislation
This Act authorizes the State Fire Prevention Commission to incorporate a non-profit, non-stock corporation for the purpose of establishing, administering and operating an overnight camp devoted to helping young people who have suffered severe burns deal with the physical and emotional issues arising from such injuries. 

(Additional Sponsors: Sen. Bunting)
(Co-Sponsors: Reps.: Gilligan: Atkins: Bennett: Carson: Jaques: Kowalko: Mitchell: Viola: Cathcart: Booth: Carey: Hocker: Hudson: Kovach: Lavelle: Lee: Outten: Ramone: Walls: Wilson: and: Sens.: Bushweller: Ennis: Connor: Sokola)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/313253EB606D19788525753C004B2F1DMon, 20 Apr 2009 11:47:27 -0400Delaware - Signed Legislation
The mission of Teach For America and teacher residency programs is to enlist our nation’s most promising future leaders in the movement to eliminate educational inequity. This bill would enable the implementation of the Teach For America program and teacher residency programs on a state-wide basis. 

(Additional Sponsors: Sen. Sokola)
(Co-Sponsors: Reps.: Barbieri: Kovach: Kowalko: M. Marshall: and: Sen.: Henry)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/E2CBC8A2D0902B3B8525758A0056EBAFFri, 10 Apr 2009 11:47:15 -0400Delaware - Signed Legislation
Section 1. New Section 112 clarifies that the bylaws may require that if the corporation solicits proxies with respect to an election of directors, the corporation may be required to include in its proxy materials one or more nominees submitted by stockholders in addition to individuals nominated by the board of directors. Section 112 also identifies a non-exclusive list of conditions that the bylaws may impose on such a right of access to the corporation’s proxy materials. In particular, and ...more

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: J. Johnson: Kovach)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F97681D196D4872385257571004E64F1Fri, 10 Apr 2009 11:48:48 -0400Delaware - Signed Legislation
This Act will generate an additional $12.9 million in resources for the General Fund to help manage the $43.7 million budget shortfall for Fiscal Year 2009 projected at the March 2009 DEFAC meeting. This Act appropriates certain special funds to the State, deposits certain funds to the General Fund and provides for General Fund reversions. Author: Joint Legislative Committee on the Capital Improvement Program 

(Additional Sponsors: Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/FF47EF2A786103A7852575830066AC57Thu, 09 Apr 2009 11:47:20 -0400Delaware - Signed Legislation
This bill prohibits the granting of a leave of absence to a State employee for the purpose of serving a term of incarceration imposed upon the employee after a conviction. The term ‘State employee’ is defined as any position of State employment, except a Constitutionally-created position or an elected position. The definition of conviction which is defined in 11 Del. C. 222(3) is “a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere ...more

(Additional Sponsors: Rep. Booth, and Sen. Ennis)
(Co-Sponsors: Reps.: Atkins: Carson: Hocker: Hudson: Jaques: Q. Johnson: Kowalko: Lavelle: Longhurst: Miro: Mitchell: Mulrooney: Outten: Ramone: Schwartzkopf: Scott: D. Short: Walls: D.E. Williams: D.P. Williams: Wilson: and: Sens.: Bushweller: Peterson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/05DFD8B3339DEFDB8525754A0050F023Thu, 09 Apr 2009 11:48:40 -0400Delaware - Signed Legislation
This Bill requires state, county, or municipal governments, or State agencies or other condemning entities to use their eminent domain authority solely for “public use” and defines that term. The Bill specifically states that benefits derived from economic development do not constitute a public use. The Bill also includes notice to property owners of the asserted public use and this policy. The Bill also sets a procedure for a court hearing to consider how the State has met its burden of proo ...more

(Additional Sponsors: and Ennis, and Cloutier, and Reps. D.P. Williams, and Oberle)
(Co-Sponsors: Sens.: Adams: Bunting: McDowell: Simpson: Peterson: Reps.: Carey: Carson: Cathcart: Hocker: J. Johnson: Kowalko: Lavelle: Lee: Longhurst: Miro: Mulrooney: Outten: Schooley: Schwartzkopf: D. Short: Thornburg: Walls: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F76EB1A6529AE60485257516005C2FD0Thu, 09 Apr 2009 11:47:17 -0400Delaware - Signed Legislation
This Act is intended to update and modernize the Charter of the Board of Public Works of the City of Lewes (BPW) by integrating existing amendments, clarifying existing provisions and providing additional authority for the entity to implement new utilities and technologies. 

(Additional Sponsors: Sen. Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1924661D4E922E4585257539006DEC10Thu, 09 Apr 2009 11:47:17 -0400Delaware - Signed Legislation
This Act amends the Charter of the City of Lewes to allow the Mayor and City Council to exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act and the Special Development District Act and to allow the Mayor and City Council to enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. This Act also amends the Charter of the City of Lewes to increase the amount af ...more

(Additional Sponsors: Sen. Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/77A5EA98CE2126EC85257539006A88EEThu, 02 Apr 2009 11:47:19 -0400Delaware - Signed Legislation
This bill is intended to preserve Delaware’s pre-eminence in offering cost-effective options for resolving disputes, particularly those involving commercial, corporate, and technology matters. This bill advances that goal by several means. First, the bill authorizes parties voluntarily to agree to have a member of the Court of Chancery arbitrate a dispute, if the parties do so by a contract that meets the pre-existing requirements for using the mediation-only provisions that the General Assemb ...more

(Additional Sponsors: Rep. Oberle, and Rep. Kovach, and Sen. Adams, and Sen. DeLuca)
(Co-Sponsors: Rep.: Wilson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/1285AC50670F182F85257546006116DCThu, 26 Mar 2009 15:35:35 -0400Delaware - Signed Legislation
Sections 1, 2 and 3 adds the phrase “deputy fire chief” to 21 Del. C. 4106(e) and 4307(b) since many fire departments currently have this position. Further it removes the position of “fire engineer” and “chief fire engineer” from the Delaware Code and substitutes the phrase “chief engineer” to unify the Code. Section 4 provides that flashing headlights for emergency personnel can be installed on vehicles by persons other than by the vehicle’s original vehicle manufacturer. Author: Sen. Enn ...more

(Additional Sponsors: Rep. Walls, Sens. Blevins, Connor, Cook, Hall-Long, Henry, Peterson, Sorenson, Reps. Carey, Carson, Gilligan, Kowalko, Lee, Mitchell, Oberle, Schwartzkopf)
(Co-Sponsors: Rep.: Bennett)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/2087075BA308647585257539006B45F9Thu, 26 Mar 2009 15:35:34 -0400Delaware - Signed Legislation
This Charter amendment increases Laurel Town Council’s authority to issue bonds without referendum from a maximum of $5 million to $15 million. 

(Additional Sponsors: Rep. Lee)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/F6FDE1B39B8E64F8852575160067BC1EWed, 04 Feb 2009 11:47:15 -0400Delaware - Signed Legislation
This Act amends the Charter of The Town of Millville to clarify certain non-recourse provisions of Section 31(a)(45) thereof relating to Tax Increment Financing (TIF) or Special Development Districts (SDD) financings permitted by 22 Del. C. Chapters 17 and 18 to provide that bonds issued thereunder may be repaid not only from TIF or SDD assessments but also from (i) voluntary contributions by certain tax-exempt entities, (ii) bond proceeds on deposit in debt service reserve funds and other funds ...more

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/FE48A551E1AC1F49852575200058091CWed, 04 Feb 2009 10:47:03 -0400Delaware - Signed Legislation
This Act makes technical amendments to the DUCOIA statute and stays enforcement of the legislation for a brief period until July 1, 2009, in accordance with the original intent of the legislation. 


]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/CE405838CB892A32852575450063E400Wed, 04 Feb 2009 11:47:20 -0400Delaware - Signed Legislation
This Act amends the Charter of the Town of Millville to remove or “deannex” from the Town of Millville certain property upon which a portion of Lord Baltimore Elementary School is located, contiguous to the Town of Ocean View, which desires to annex this portion of property and thereby acquire and maintain police jurisdiction over the entirety of the Lord Baltimore Elementary School. The majority of the Lord Baltimore Elementary School is presently located in and policed by the Town of Ocean Vi ...more

(Additional Sponsors: Sen. Bunting)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8870BE171FBE371785257546006CDF7EThu, 29 Jan 2009 23:29:36 -0400Delaware - Signed Legislation
This Bill changes the existing statute to allow licensed bail agents to act as property bail agents provided they meet the requirements of the chapter. 

(Additional Sponsors: Sen. DeLuca)
(Co-Sponsors: Reps.: D. Short: M. Marshall: and: Sen.: Simpson)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/163DA2CD127FEE8B852575440053CDC7Thu, 29 Jan 2009 23:29:36 -0400Delaware - Signed Legislation
This Act will generate an additional $24.5 million in resources for the General Fund to help manage the $109.2 million budget shortfall for Fiscal Year 2009 projected at the December 2008 DEFAC meeting. This Act appropriates available premiums on bonds sold after January 1, 2009, appropriates certain Special Funds of the State, deposits certain funds to the General Fund and provides for General Fund reversions. 

(Additional Sponsors: and Rep. Keeley)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/8D442285F9E6078C8525754B0049A942Thu, 15 Jan 2009 11:48:37 -0400Delaware - Signed Legislation
This Joint Resolution designates JoAnn M. Hedrick to serve as Bill Clerk of the House of Representatives at the pleasure of the House of Representatives. 

(Additional Sponsors: Reps. Gilligan, Longhurst, Cathcart, D. Short)

]]> http://legis.delaware.gov/LIS/LIS145.NSF/vwlegislation/4CAE59D125B4C0B585257537004F2CF2