LIS.Webmaster@state.de.us http://www.legis.delaware.gov/lis/lis146.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 Thu, 10 May 2012 18:48:00 -0400 Wed, 16 May 2012 18:07:46 -0400Delaware - Signed Legislation
This Act clarifies the right of the Relocation Trust Authority to recover, following proper notice, delinquent assessments, interest, court costs, and reasonable attorney’s fees and expenses related to enforcement of payment by a landlord of required assessments.

   Additional Sponsors:  Sen. Bunting
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/5CEAC624738F7DB3852578A100649E30Wed, 16 May 2012 18:07:49 -0400Delaware - Signed Legislation
This bill creates an additional penalty of $100.00 which shall be imposed on all crimes committed against persons 62 years of age or older. The penalty assessment shall be placed in a special fund called the “Senior Trust Fund” which shall be used to provide assistance for programs for the senior population.

   Additional Sponsors:  Rep. Carson, & Rep. Hudson, & Rep. Viola, & Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/5C1726CDB442BDE28525796D005C8503Wed, 16 May 2012 18:08:04 -0400Delaware - Signed Legislation
This bill transfers administration of the Animal Welfare License Fund from the Department of Natural Resources and Environmental Control to the Department of Agriculture which currently manages the Delaware Spay/Neuter Program and Fund so as to consolidate administration of funds.

   Additional Sponsors:  Rep. Atkins

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AC49B2901918C080852579900063B360Wed, 16 May 2012 18:08:05 -0400Delaware - Signed Legislation
First responders are placed in high-stress situations every time they are called upon to respond to an emergency or incident, since the extent of the emergency cannot be anticipated and the eventual outcome cannot be predicted. Many times first responders witness the death or serious injury to persons such as a young child or a fellow officer, become involved in a duty related shooting or in the investigation of a case where there has been a death or serious bodily injury inflicted upon a person. For example, stress caused by critical incidents have led to the law enforcement profession experiencing the second highest divorce rate in the nation. Similarly, police officers have one of the highest suicide rates among all professionals, and are more susceptible to domestic violence than those not affiliated with police work. Any first responder may develop posttraumatic stress disorder (PTSD) after experiencing a critical incident, or after being exposed over a period of time to stress that he or she was unable to alleviate. PTSD can be debilitating to a first responder’s ability to function effectively in response to an emergency. This bill creates a confidentiality privilege between the first responder and a Critical Incident Stress Management team or team member to encourage first responders to seek stress management services in order to alleviate the high levels of stress they may experience as a result of their exposure to a critical incident so that they may continue to function effectively during emergency situations. CISM teams and team members are primarily comprised of first responders who have received training and certification from a nationally accredited CISM organization or network on peer-to-peer counseling. Peer-to-peer counseling is critical to the public safety as well as to safety and well-being of the first responder in that it is based upon trust and the confidence that comes from knowing that the officer is speaking with a peer who has had similar experiences with critical incidents. Imperative to the success of peer-to-peer counseling is confidentiality of a first responders’ statements given at the time CISM counseling is obtained by the first responder. A CISM counselor may not be compelled to testify in any legal proceeding as to statements made by a first responder who has received CISM counseling from the counselor to the extent that the statements are made during the course of a recognized CISM counseling session. The criteria for the privilege to attach are as follows: 1. The person holding the privilege must be a first responder; 2. The first responder must be acting in the course of his duties at the time he or she is exposed to the incident; 3. The first responder must have received CISM counseling as a result of a critical incident; 4. The CISM counselor must: a. Be certified by a nationally accredited Critical Incident Stress Management organization or network which has been recognized by the Council on Police Training; b. Have been approved by the Colonel or Chief of his or her police, fire or emergency medical services agency to function as a CISM counselor prior to and at the time the counseling takes place;

   Additional Sponsors:  Sen. Marshall, Rep. Schwartzkopf
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/DBC1CBA21B75E74C852579BC005FA4AEWed, 16 May 2012 18:08:07 -0400Delaware - Signed Legislation
This Bill expands the restrictions against motor vehicle parking in residential districts to trailers that are not attached to a motor vehicle. It also limits the parking of non-oversized motor vehicles with trailers to locations immediately adjacent to the owner’s residence.


]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/5D87E1F70A586BEC852579820061E2F8Wed, 16 May 2012 18:08:05 -0400Delaware - Signed Legislation
This bill adds a parent representative, the President of the Delaware Parent Teacher Association, to the P-20 Council.

   Additional Sponsors:  Rep. Schooley

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B4E22D034284C8D4852579C00067BA58Wed, 16 May 2012 18:07:51 -0400Delaware - Signed Legislation
This bill is based on New York’s oral parity law, which requires insurance companies to make equal reimbursement for oral and intravenous anticancer medications. Section 1 applies to individual health insurance policies. Section 2 applies to group or blanket policies. The coverage provisions of Sections 1 and 2 are identical. The bill applies to health insurance policies issued, renewed, or amended on or after January 1, 2013. This act is “The Delaware Cancer Treatment Access Act.”

   Additional Sponsors:  Rep. Briggs King, & Rep. B. Short, & Sen. Blevins, & Sen. Sorenson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2959D68A872782FF8525794300716D42Wed, 16 May 2012 18:08:05 -0400Delaware - Signed Legislation
     This Act serves to codify numerous policies that promote the autonomy of the Alderman’s Court and thereby foster public confidence in the Court.  The Act describes the processes of nomination, appointment by the Governor and confirmation by the Senate. Pursuant to this Act, many of the policies applicable to the Magistrate’s Court are applied to Alderman’s Court, such as requirements to segregate the Court from the Town’s offices. It also codifies standards relating to vacancies, qualifications, duties and jurisdiction.

   Additional Sponsors:  Rep. Hocker
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2B7E1E9761916611852579C000605828Thu, 03 May 2012 23:45:57 -0400Delaware - Signed Legislation
This act creates a special license plate for veterans of Operation Enduring Freedom.

   Additional Sponsors:  Rep. Jaques, & Sen. Bunting
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/595B714E1573F8EA852579C200696F29Thu, 26 Apr 2012 11:59:54 -0400Delaware - Signed Legislation
This Joint Resolution establishes a Committee to study carpet recycling and to report to the General Assembly.

   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0F52893966E4B30A852578BD006B4BA2Wed, 16 May 2012 18:07:44 -0400Delaware - Signed Legislation
This Bill provides that a violation of 21 Del. C. § 4172 is exempted from those motor vehicle offenses that are subject to voluntary assessment. Section 4172 provides for enhanced penalties, including suspension of license, and is consistent with motor vehicle violations currently exempted from voluntary assessment. This Bill also retains the option of probation before judgment for this offense.

   Additional Sponsors:  Rep. J. Johnson, & Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/5348ACE2488B1A7085257886006B802BTue, 15 May 2012 18:14:08 -0400Delaware - Signed Legislation
This Act is intended to conform Delaware law to new federal law prescribing external review of adverse decisions by health carriers.

   Additional Sponsors:  Rep. B. Short

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D05901090DBDE0E4852578A8005D2A1BWed, 16 May 2012 18:08:04 -0400Delaware - Signed Legislation
This Bill repeals statutes establishing or dealing with the following entities: Section 1 - Advisory Council for Children Youth and Their Families Section 2 – Corps of Oral Hygienists Section 3 – Delaware Development Corporation Section 4 – Seed Certification Advisory Committee Section 5 – Worker’s Compensation Advisory Council

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AA39CECC2CFFFEDD852578B000756EC2Wed, 16 May 2012 18:07:49 -0400Delaware - Signed Legislation
House Bill 214 of this General Assembly sought to convert the Delaware Code to the use of People First Language (“PFL”) as part of a national movement to promote dignity and inclusion for people with disabilities. 78 Del. Laws c. 179 (2011). During the pendency of House Bill 214, it became clear that the proposed changes to the Delaware Criminal Code should be further studied. More specifically, there was a concern that certain phrases and language present in the criminal code might have meanings unique to criminal law that had been adopted from the Model Penal Code, settled by prior decisional law or otherwise been defined by practice and custom. It had been, and remains, the purpose of House Bill 214 and this Act to adopt PFL and related changes only for the purpose of removing insensitive and offensive language from the criminal code; not to in any way effect change in the statutory definitions of conditions or circumstances described therein or Delaware’s substantive criminal law. In turn, those House Bill 214 criminal code provisions were amended out, researched and those changes deemed advisable are contained in this Act. For example, in describing one statutory aggravating circumstance in Delaware’s capital sentencing statute offensive language that labels the victim as “severely handicapped or severely disabled” now appears. This language would be changed to describe the victim instead as “particularly vulnerable due to a severe intellectual, mental or physical disability.” This change in labeling language, however, would affect no definitional or substantive change. Such a victim would, just as now, be deemed a person who suffers from a temporary or permanent physical, intellectual or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders him or her incapable to adequately provide for his or her own personal care, safety or protection. So too with the phraseology “severe mental retardation” now found in Del. Code Ann. tit. 11, § 4209. That phrase, which is unique to Delaware’s criminal statutes, would be updated to “profound intellectual developmental disorder.” While the label of this mitigating circumstance would be changed to this more acceptable form, again, there is absolutely no change to its legal definition, the legal burdens prescribed to prove such, or any other substantive aspect of related Delaware law. In sum, none of the changes to the labeling language brought about by this Act should be viewed to affect prior Delaware judicial or legal interpretations of the terms or phrases amended.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E9DDD244DB0A8F30852579830072B61BWed, 16 May 2012 18:07:51 -0400Delaware - Signed Legislation
This bill gives students with individualized education plans until the age of 21 to complete their driver education certification. Wed, 16 May 2012 18:07:52 -0400Delaware - Signed Legislation
This bill modifies the residence requirement of the Chief Investigative Services Officer from a county residency requirement to a state residency requirement.  Chief Investigative Services Officers are required to perform statewide services. Many state employees work in one county but live in another.  A county residency requirement can prevent qualified investigative services officers or other applicants from applying for the position of Chief Investigative Services Officer or require a well performing Chief Investigative Services Officer to be demoted if he or she decides that it is in his or her best interest to move to another county.

   Additional Sponsors:  Sen. DeLuca
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E4E082A0BF3E5487852579B3006DB99BWed, 16 May 2012 18:08:05 -0400Delaware - Signed Legislation
This act would expand and clarify the purposes for which bonds may be issued without a referendum vote.

   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/010BE9798338B30C852579C10068228FTue, 24 Apr 2012 16:34:45 -0400Delaware - Signed Legislation
This Act provides that any person who solicits a door-to-door sale shall display a door-to-door salesperson identification card which shall include the person’s name, employer, employer telephone number, employer address and the State of Delaware business license number. This bill also provides that a door-to-door sale shall be solicited between the hours of 9 a.m. to 8 p.m. prevailing Delaware time, only. A door-to-door salesperson identification card applies to sales solicited at a home, only. Additionally, this bill provides an exception for persons conducting home sales events, public utilities and cable television system operators from the requirement of having a door-to-door salesperson identification card. Furthermore, persons soliciting sales via telephone, mail, email, or internet are also excluded from application of this Act. .

   Additional Sponsors:  Sen. Katz, Reps. Barbieri, Gilligan, Heffernan, Jaques, Q. Johnson, Kowalko, Mitchell, Schooley, Viola, Sen. Cloutier

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7E7F71AC367BDAE98525781E007921E1Tue, 24 Apr 2012 16:34:54 -0400Delaware - Signed Legislation
This bill clarifies that the applicable post-judgment interest rate on any judgments entered in cases of personal loans is the lesser of the legal interest rate or the contract rate. This bill does not affect the usury statute or other special circumstances contemplated by current law.

   Additional Sponsors:  Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9BE5F49393CF2079852578850061FEE3Tue, 24 Apr 2012 16:34:47 -0400Delaware - Signed Legislation
This Bill makes it an offense to use a handicapped plate or placard issued to another person, unless that person is also in the vehicle. The Bill aims to curb the use of handicapped parking spaces by persons who do not actually need them. Under the Code, a person who violates this provision will “receive a mandatory fine of $100 for a first offense, and for a subsequent like offense, a mandatory fine of $200 or a term of imprisonment of not less than 10 nor more than 30 days, or both.”

   Additional Sponsors:  Rep. Walker, & Rep. Hudson, & Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/49E0DC04F0D9DBAE852578B1007D16A0Wed, 16 May 2012 18:08:02 -0400Delaware - Signed Legislation
This Joint Resolution proclaims the month of March 2012 National Nutrition Month.

   Additional Sponsors:  Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4286345A2051B631852579A4004CD51AWed, 16 May 2012 18:08:02 -0400Delaware - Signed Legislation
This Joint Resolution recognizes the month of April 2012 as Autism Awareness Month.

   Additional Sponsors:  on behalf of all Representatives, & Sen. Sorenson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AFF2242FA474084C852579A4004C2290Wed, 02 May 2012 18:25:31 -0400Delaware - Signed Legislation

   Additional Sponsors:  Rep. Bolden, & Sen. Henry

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/159E72621A0FF3558525797B004F64EFWed, 02 May 2012 18:25:31 -0400Delaware - Signed Legislation
There are no substantive changes to the law created by this Bill. This Bill constitutes a clarification of the effect of the consumer law changes in House Substitute 1 for House Bill No. 247, enacted in 2010. Several sections in Chapter 25 of Title 6 of the Delaware Code contained references to § 2517 of Title 29, which was substantially modified by House Substitute 1 (moving the powers contained therein to several other sections). The Code Revisors designated § 2517 of Title 29 as “repealed” because of the changes to the section. This Bill eliminates the reference to § 2517 of Title 29 and provides a more general reference to the location of the relocated powers as “Subchapter II of Chapter 25 of Title 29.”

   Additional Sponsors:  Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/855A63A529FE14F68525793B0068188EWed, 02 May 2012 18:25:39 -0400Delaware - Signed Legislation
This Act would remove the requirement that the valuation and assessment of real property be conducted every 3 years. The purpose of this Act is to allow the City of Dover flexibility to adjust the timeframe.

   Additional Sponsors:  Rep. Scott

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A7017F714053EFAB852579820062EB9EWed, 16 May 2012 18:07:50 -0400Delaware - Signed Legislation
This Act eliminates the $100,000 business license fee for firms engaged in crude oil lightering. It consequently eliminates the designation of proceeds from the lightering license fee to the Hazardous Substance Cleanup Fund.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BBAF650A0873034F85257982007335DAWed, 04 Apr 2012 11:28:57 -0400Delaware - Signed Legislation
Currently Delaware law gives a preference in hiring for state employment to veterans, disabled veterans and the unremarried widow or widower of a veteran. This bill changes the law with respect to spouses of veterans to extend the hiring preference to the spouse of a member of the armed forces who is POW or MIA, as well as the spouse of a veteran who is totally disabled.

   Additional Sponsors:  Sen. Bunting
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AE47CDE2E2A488098525788D0066B669Wed, 02 May 2012 18:25:32 -0400Delaware - Signed Legislation
This bill repeals the sunset provision included in Chapter 15, Volume 77 of the Laws of Delaware, House Bill No. 102 of the 145th General Assembly. House Bill No. 102 authorized the Teach for America (TFA) program as an alternative route to teacher licensure and certification. The law was signed by the Governor on April 20, 2009 and will sunset on April 20, 2012. For the 2011-2012 school year, there are 46 TFA teachers working in 18 Delaware schools in three districts and six charter schools. Those teachers contribute to the education of approximately 3,000 students. Since its inception in Delaware, TFA has recruited, selected, trained, placed and supported 65 teachers.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/FCBAAF771BBC22BA8525798000648B9DWed, 02 May 2012 18:25:39 -0400Delaware - Signed Legislation
This Bill removes the Sunset Provision from last year’s public education unit count law so it does not sunset on April 1, 2012.

   Additional Sponsors:  Reps. Schooley, Heffernan, Jaques, & Scott

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/3ADD59F68813F1B9852579830070E31FTue, 15 May 2012 18:14:08 -0400Delaware - Signed Legislation
This Bill requires operators of three-wheeled motorcycles to take appropriate knowledge and skills tests and obtain a motorcycle endorsement on their driver license. Persons who take a motorcycle endorsement skills test on a three-wheeled motorcycle will have a three-wheeled motorcycle restriction, in addition to the motorcycle endorsement, limiting their operation to three-wheeled motorcycles only. Anyone who holds a motorcycle endorsement without a restriction is permitted to operate a two-wheeled or three-wheeled motorcycle. This Bill includes a grandfather clause allowing anyone who currently operates a three-wheeled motorcycle, whose three-wheeled motorcycle is registered prior to the effective date of this Act to be waived from the required knowledge and skills tests. Those who are grandfathered will still be required to obtain the endorsement with the three-wheeled motorcycle restriction.

   Additional Sponsors:  Rep. D. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/23E91041B0DE487D852578B60055E92CWed, 16 May 2012 18:07:49 -0400Delaware - Signed Legislation
This Bill amends the provisions of Section 322(a), Title 22 of the Delaware Code to permit any of the following members of the zoning board of adjustment to delegate their duties to their authorized agents: 1) the chief engineer of the street and sewer department or the public works commissioner, 2) the city solicitor and 3) the mayor. Presently, only the mayor may delegate such duties to an authorized agent.

   Additional Sponsors:  Rep. Brady, & Rep. Bolden, & Sen. Henry

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BCD01007B00ACB6C85257980006F2376Wed, 02 May 2012 18:25:39 -0400Delaware - Signed Legislation
This act would, after the April 2012 regular municipal election, increase the term lengths for the Mayor and City Council of the City of Dover from two (2) years to four (4) years. As an initial matter, the Mayor and Council members elected in the April 2012 regular municipal election would serve terms of three (3) years.

   Additional Sponsors:  Rep. Scott

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7B44B2C8366A5F1A85257981007683D8Tue, 13 Mar 2012 17:50:08 -0400Delaware - Signed Legislation
This bill updates the code to define eligible members of the Parks and Recreation Council appointed by the Governor. When the Parks and Recreation Council was created, the former Recreation Advisory Council was eliminated; this legislation would eliminate extraneous references to that defunct council. Further, the Bi-State Advisory Council for the White Clay Creek Preserve expired on December 31, 2010 by mutual agreement of Delaware and Pennsylvania. The ex-officio’s seat formerly held by a representative of that group would now become a gubernatorial appointment from the related disciplines listed above in subsection (2). This section would also clarify that affiliation with a State Park friends organization may be a qualification for appointment.

   Additional Sponsors:  Rep. Lavelle, & Rep. Schwartzkopf

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6828A42EACF0460C8525788D005D9872Wed, 16 May 2012 18:07:50 -0400Delaware - Signed Legislation
This bill makes several technical changes to the reapportionment legislation passed during the First Session of the 146th General Assembly. The corrections include: 1) clarifying road names, nonvisible boundaries, and direction designations; 2) adjustments to make some Representative and Senatorial lines congruent; 3) aligning District lines with some County Council lines; and 4) eliminating some election districts that have no registered voters.

   Additional Sponsors:  Rep. Gilligan, & Rep. Longhurst, & Sen. DeLuca, & Sen. Blevins, & Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A41368A76B7C4D8B85257989004CD78CTue, 03 Apr 2012 17:00:31 -0400Delaware - Signed Legislation
The bill raises the “maximum fine” threshold that gives a defendant an automatic right to transfer a criminal case from a Justice of the Peace Court or Alderman’s Court to the Court of Common Pleas from $15 to $100. It would leave unchanged the automatic right to transfer any criminal case in which there is a “possibility that a period of incarceration” could be imposed. Where there is more than one offense charged, each of which is within the exclusive jurisdiction of the Justice of the Peace Court or Alderman’s Court, the entire case would remain within the exclusive jurisdiction of the Justice of the Peace Court or Alderman’s Court. Conversely, where there is more than one offense charged, and at least one of those offenses is within the concurrent jurisdiction of the Court of Common Pleas, the Court of Common Pleas may exercise concurrent jurisdiction over the entire case.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/20106D67F1786A078525789B00536F36Tue, 03 Apr 2012 17:00:31 -0400Delaware - Signed Legislation
This Act removes incarceration as a possible sentence for certain less serious offenses in chapters 41 and 42 of the Motor Vehicle Code including Following Too Closely (§ 4123), Unlawful Use of a Controlled-Access Highway (§ 4126), Speeding (§ 4169), Careless or Inattentive Driving (§ 4176), and for offenses for which penalties are not specified as part of the statute (§ 4205) (which would include Failure to Stop at a Stop Sign (§ 4164)). The courts will still be able to impose incarceration, when warranted, in the more serious chapter 41 traffic offenses, such as Overtaking and Passing a School Bus, Reckless Driving, Aggressive Driving, Operation of a Vehicle Causing Death, and Driving Under the Influence. The Act also lowers the maximum penalties for each of the provisions other than Speeding. According to data from the first half of 2008, there were nearly 6,000 convictions for Following Too Closely, Unlawful Use of a Controlled Access Highway, and Careless or Inattentive Driving, and no fine greater than $50 was imposed in any of the nearly 6,000 cases.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/331065B97CB4C5928525789B00523710Wed, 02 May 2012 16:18:17 -0400Delaware - Signed Legislation
This Bill raises the annual assessment paid by all insurance companies licensed in the State of Delaware from $550 in effect since 1995, to $750. The change of assessment will enable the Delaware Insurance Fraud prevention Bureau to continue its operation without contribution from the General Fund.

   Additional Sponsors:  Rep. B. Short

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A5CBDF937892752D85257869005FB537Tue, 13 Mar 2012 17:50:10 -0400Delaware - Signed Legislation
This Bill would confirm that bicycles may legally operate when proceeding straight in right-turn-only lanes, as well as when operated upon the paved shoulders of the state’s roads and highways. Because many of these shoulders are also used as parts of entrances and turning lanes, the bicyclists are required to use due regard for those conditions in traversing these pavement segments.

   Additional Sponsors:  Rep. Longhurst
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7FCE640553F6F9FB852578A80054CD71Tue, 13 Mar 2012 17:50:05 -0400Delaware - Signed Legislation
This Resolution recognizes Major General Francis D. Vavala in his capacity as the Chairman of the National Guard Association of the United States for his national leadership in gaining passage of the Empowerment Act. This historic legislation will rewrite history books because it adds the Chief of the National Guard Bureau as a full member of the Joint Chiefs of Staff and will enhance the nation’s military capabilities abroad as well as within the United States at the national, state and local levels.

   Additional Sponsors:  Sen. Bunting

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/01EFEFBAB841267C85257981006A6446Wed, 16 May 2012 18:08:04 -0400Delaware - Signed Legislation
This Act amends the Uniformed Controlled Substances Act by clarifying that the definition of “designer drugs” covers those synthetic analogues of controlled substances that are made and distributed for drug use but due to their novelty have not yet been added to the schedule of controlled substances. This amendment to Delaware’s drug code will ensure there are no gaps in the law’s coverage of these dangerous substances as they surface. One such recent example is “bath salts.” This Act bans the possession, use, sale, or delivery of synthetic cathinones, more commonly known as “bath salts,” by categorizing synthetic cathinones as a Schedule I controlled substance under 16 Del. C. §4714(f). This Act also removes “synthetic cannabanoids” from the definition section of the Uniform Controlled Substances Act and categorizes the chemical compounds within the Schedule I controlled substance under 16 Del. C. § 4714(d). Finally, this Act creates Tier Quantities for Schedule I controlled substances, such as “bath salts,” not otherwise included in 16 Del. C. § 4751C.

   Additional Sponsors:  Rep. Walker, Sens. DeLuca, Blevins, Bushweller, Cloutier, Reps. Mulrooney, Mitchell, Bennett, Scott
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/64F3CA96494AFAA88525797A004E3BA3Tue, 13 Mar 2012 17:50:05 -0400Delaware - Signed Legislation
This concurrent resolution registers the concern of the members over the U.S. Postal Service’s proposed closing of Delaware’s single mail processing center and urges that the Hares Corner facility remain open.

   Additional Sponsors:  Rep. Kowalko, & Sen. McBride, & Sen. Connor
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AECBE950D29ECEE185257982007A87BDTue, 08 May 2012 18:04:25 -0400Delaware - Signed Legislation
This Bill renames the Women’s Treatment Center after Representative Hazel D. Plant, in honor of her long and dedicated service to the State of Delaware, and her special interest in women’s issues and the corrections system.

   Additional Sponsors:  Rep. D.P. Williams, & Rep. Keeley, & Sen. Ennis, & Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7D879FB7082A3C5A852578B1006FB8CATue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This Bill requires the Department of Justice to establish and provide standardized FOIA request forms. These forms shall be used by all public bodies. The uniformity should help provide prompt compliance and less questions at the front end of the request.

   Additional Sponsors:  Rep. Bennett
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/79417693B62924458525787000686494Tue, 03 Apr 2012 10:46:46 -0400Delaware - Signed Legislation
This Act revises the existing scholarship program for library and archival professionals seeking their master’s degree to also permit scholarships for library and archives staff seeking a bachelor’s degree prior to or a doctoral degree after their master’s degree. This bill will assist Delaware libraries in their efforts to retain and attract qualified professionals. The scholarship would be named in honor of the late Representative Ada Leigh Soles who represented Newark in the Delaware General Assembly from 1980 to 1992. Ada Leigh Soles was an outspoken champion for Delaware public libraries. Through four decades of advocacy, she was a member of the Friends of the Newark Library, Chair of the New Castle County Library Advisory Board, Chair of the Delaware Council on Libraries, and a Delaware delegate to the 1991 White House Conference on Libraries and Information Services. She received the Delaware Library Association’s Distinguished Service Citation in 1985 and was named in 2000 to the American Library Association’s Honor Roll of Library Advocates.

   Additional Sponsors:  Sen. Sorenson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4853B764E75452558525789B00461C6BTue, 24 Jan 2012 14:41:27 -0400Delaware - Signed Legislation
Under the new Patient Protection and Affordable Care Act (PPACA) it requires that private health plans cover evidence-based preventive services and immunization. The Patient Protection and Affordable Care Act has recommended vaccinations, health screenings and children’s wellness visits, must be covered for all new health plans starting with plan years beginning on or after Sept. 23, 2010 This ACT will bring Delaware in line with the requirements of PPACA and provide the Delaware Insurance Department with regulatory and enforcement authority over carriers as respects to immunizations.

   Additional Sponsors:  Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0A5191EFCE5F6EC68525786A00701D00Wed, 28 Mar 2012 10:56:23 -0400Delaware - Signed Legislation
This bill provides for an Office within the Division of Consumer Protection to identify mortgage foreclosure fraud, to reduce foreclosure, and to promote financial literacy. In addition, the Office will receive calls from borrowers in default and make appropriate referrals to housing counselors or other agencies. The Outreach Coordinator will be responsible for acting as a liaison with servicers in some circumstances and participating as necessary in any mediation activity. The Office will exist for a period of three years from the date it is created pursuant to this bill.

   Additional Sponsors:  Rep. Kowalko, & Rep. Gilligan, & Rep. Ramone, & Rep. Briggs King, & Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A327F4306ABD40EA8525785500698320Tue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
Sections 1-8 of this Bill provide that the Mortgage Rescue Fraud Protection Act in 6 Del. C. Chapter 24B will protect homeowners 60 days in default on their mortgage loans. Currently the protections are in effect after an action for foreclosure is filed. Section 9 creates a registration requirement for Mortgage Loan Modification Companies that provide services to Delaware residents. Written contracts with disclosures are required and no fees can be collected in advance. The registration and renewal fees can be used to support foreclosure relief programs. The law is enforced by the Attorney General.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/197299D63544D56285257855006B4EC6Tue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
This Act prohibits the use of a deceptive or fraudulent record, document, or statement to support an action to foreclose

   Additional Sponsors:  Rep. Keeley, Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/99D87051E42D49A785257855006A2A8ATue, 25 Oct 2011 09:54:11 -0400Delaware - Signed Legislation
This Bill regulates conduct related to foreclosures in Delaware. Section 1 establishes the Automatic Residential Mortgage Foreclosure Mediation Program in order to ensure homeowners have an opportunity to meet face-to-face with lender representatives and mediate both retention and non-retention options before a judgment is entered or a sheriff’s sale occurs. This Section codifies an expanded version of the Residential Mortgage Foreclosure Mediation Program currently run by the Superior Court under its Administrative Directive 2011-2, as first established under the Superior Court’s Administrative Directive 2009-3. The Automatic Residential Mortgage Foreclosure Mediation Program established by Section 1 expands access to mediation to all homeowners of owner-occupied residential one-to-four family properties other than those with nonbank seller-originated financing and eliminates financial qualification rules set forth in the existing mediation program. This will ensure that mediation can bring all distressed homeowners that do not wish to have their primary residence sold at a foreclosure sale together with representatives of their lender in face-to-face meetings to address not just possible loan modifications, but other mutually agreeable resolutions short of a sheriff’s sale. Section 1 also requires that plaintiffs pay a court-determined mediation fee in foreclosure actions for which mediation will occur; this fee is to be set by the court in an amount to defray the costs of the mediation program. Section 2 sets out certain requirements for the filing of a complaint or summons in a mortgage foreclosure action, including that the filing be accompanied by certain documentation related to the notices. Section 2 also extends the period for a defendant to file an answer in mortgage foreclosure actions that are subject to the mediation program established under Section 1 until the date of any scheduled mediation conference. Section 3 is a technical amendment to Title 10.

   Additional Sponsors:  Rep. Kowalko, & Rep. Gilligan, & Rep. Ramone, & Rep. Briggs King, & Sen. Hall-Long, Reps. Blakey, Bolden, Brady, Heffernan, Hocker, Jaques, Kenton, Longhurst, Miro, Mitchell, Mulrooney, Peterman, Schooley, B. Short, D. Short, Wilson, Sens. Booth, Ennis, McDowell, Sokola

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4BBF1B1B9988AFD785257885004A1CB6Tue, 25 Oct 2011 09:54:11 -0400Delaware - Signed Legislation
This Bill regulates conduct related to foreclosures in Delaware. Section 1 requires an affidavit of loss mitigation prior to a plaintiff seeking the entry of judgment in a foreclosure action in order to ensure homeowners are considered for loan modifications before a foreclosure action is concluded with respect to their residence. Section 2 ensures homeowners are provided with certain notices in a timely manner with respect to the foreclosure process, available assistance, and other aspects of the loan process.

   Additional Sponsors:  Rep. Keeley, & Rep. Gilligan, & Rep. Ramone, & Rep. Briggs King, & Sen. Henry, & Sen. Hall-Long, Reps. Blakey, Bolden, Brady, Heffernan, Hocker, Jaques, Kenton, Miro, Mitchell, Mulrooney, Schooley, B. Short, Wilson, Sens. Booth, Ennis, McDowell, Sokola

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/DACA1418778295F2852578850048E108Wed, 16 May 2012 18:07:47 -0400Delaware - Signed Legislation
This Act provides that each civil or administrative penalty amount appropriated to the Community Environmental Project Fund will benefit the same community where the infraction or violation occurred that resulted in such penalty. A project benefits the same community if the project occurs within a 10-mile radius of where the infraction or violation occurred or if the Secretary of DNREC determines it is within the same community after consulting the Community Involvement Advisory Council.

   Additional Sponsors:  Sen. McBride
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9742C586C138CAD2852578A80066C398Wed, 18 Jan 2012 17:39:02 -0400Delaware - Signed Legislation
This Bill creates a moratorium on health insurance providers that charge higher cost sharing for different classification of prescription drugs.

   Additional Sponsors:  Rep. Barbieri
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/DA135A6E45AE7521852578A80074DF4CTue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
The Act requires the Delaware Interscholastic Athletic Association (DIAA) to adopt regulations regarding the appropriate recognition and management of student athletes exhibiting signs and symptoms consistent with a concussion during practices, scrimmages and interscholastic contests. It also requires the signing of an informational sheet by students and their parents or guardians. This Act is limited to member schools of the DIAA.

   Additional Sponsors:  Sen. Booth, Reps. Walker, & Lee
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2A1B18B7AF1F88A685257886007523F0Wed, 25 Jan 2012 17:44:37 -0400Delaware - Signed Legislation
This bill creates a journeyperson electrician and apprentice electrician license. Additionally, the bill eliminates the exception that allows for unlicensed persons to perform electrical work under the supervision of electricians licensed under Chapter 14, Title 24 of the Delaware Code.

   Additional Sponsors:  Sen. DeLuca
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BC14F0D092E5D62485257823004CF9E7Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This Act requires the Department of Education to promulgate uniform regulations related to school discipline to provide consistency across all districts and charter schools. The Act implements certain recommendations initiated through the Department of Education’s Standardized School Code of conduct Policies Report, prepared in response to House Resolution Number 33 of the 145th General Assembly.

   Additional Sponsors:  Rep. Barbieri, & Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/689A2C4F7D95EF228525784000776316Tue, 27 Mar 2012 14:10:58 -0400Delaware - Signed Legislation
This bill deals with the expungement of juvenile records of arrest and adjudications of delinquency and would become effective on January 1, 2012. Section 1015 sets out the procedure for filing an expungement petition and Section 1016 defines terms used in this subpart. Section 1017 sets out situations where the Family Court must grant an expungement petition: (1) Where a juvenile was charged with a misdemeanor and the charges were dismissed or not prosecuted or the child was acquitted and the child has no prior or subsequent adjudications/convictions and no charges pending; (2) Where juvenile charged with felony offense that was resolved via dismissal, non-prosecution, or acquittal and the child has no prior or subsequent adjudications/convictions and more than one year has passed since the case was resolved; (3) Where the juvenile has one adjudication of delinquency for any offense other than a violent felony or a sex offense, and the child has no subsequent or prior adjudications/convictions, and three years have passed since the adjudication was entered. The Attorney General’s office will not be notified of any petitions under this section. Section 1018 gives the court discretion to grant expungement in some cases if the Court finds that the continued existence and dissemination of information about the juvenile charges and/or adjudication would work a manifest injustice. The Attorney General’s Office is notified of these petitions and made a party to the case and has the opportunity to oppose the petition and/or appeal the Family Court’s decision. The circumstances when a petition for discretionary expungement may be presented are as follows: (1) Child is charged with felony offense and the case is terminated in favor of the child, provided the child has no prior or subsequent adjudications/convictions and less than one year has passed since the case was resolved; (2) Child has a single adjudication of delinquency for a misdemeanor sex offense, no prior or subsequent adjudications/convictions, and at least three years have passed since the adjudication of delinquency was entered; (3) Child has 2 adjudications of delinquency for misdemeanor offense, no prior or subsequent record and at least five years have passed since the second adjudication was entered in Family Court; (4) petitioner has one adjudication of delinquency for a violent felony or sex offense (except rape 1st or 2nd degree, robbery 1st degree or burglary 1st degree), no other record and more than five years have passed since the adjudication of delinquency was entered. Section 1019 provides that expunged records may be made available to law enforcement investigating criminal activity or where a person has applied for a job in law enforcement or to determine if a person is eligible to participate in a First Offenders, Probation Before Judgment, or other Court diversion program. It is otherwise unlawful to disclose the existence of an expunged record. Section 1020 provides for notice to the federal government of any expungement granted under the foregoing procedures.

   Additional Sponsors:  Rep. George, & Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/25780827FE774921852578A3006895E5Tue, 08 May 2012 18:04:25 -0400Delaware - Signed Legislation
This legislation will assist the State to better ensure that charter schools being approved are of high quality, and to respond more appropriately when issues arise. To help ensure that individuals governing our charter schools have the appropriate background and qualifications, this legislation requires criminal background and child abuse registry checks for charter school board members, and it will prohibit individuals who have felony convictions or convictions for a crime against a child from serving on a charter board. Charter school board members will be required to disclose any financial interest they may have in the charter school, so that parents and others may learn and inquire about any financial arrangements benefiting a school board member. In addition, new charter schools would receive less funding at the start of the year, with the remainder of the funding provided throughout the year after a review by the Department to ensure that the finances of the school are sound. The legislation also requires an annual external audit of charter schools and adds charter schools to the Finance Recovery Team portion of the Delaware Code, which currently applies only to school districts, authorizing the Director of the Office of Management and Budget to appoint a team to assess the financial status of a charter school that is on formal review, to provide information to parents and teachers regarding status, and to make certain decisions regarding payments by the charter school. The legislation also moves up the deadline by which charter renewal decisions must be made so that, if a charter is not going to be renewed, that decision is made prior to the school choice deadline. And it creates a mechanism for permitting a high performing charter operator to open a school that would serve students at a charter school that is slated for closure, providing greater opportunities and avoiding significant disruption for the students. Using this provision, a highly successful charter school operator could apply for a new charter to serve the students at the closing charter school, and the applicant could be permitted to begin operating in less than the 18 months currently required between the filing of the application and the opening of the charter school. To facilitate this action, the legislation adds flexibility to board composition requirements, so that governing boards continue to have teacher and parent representation but are not required to have such representation from every school for which a charter is held. This legislation would also clarify that a request to change a charter school’s authorizer (from the Department to a district or vice-versa) or to increase by more than 15% the number of students that may be served by a charter school is a major modification. Since modifications to increase the number of students served by a school can be implemented in 7 to 8 months, the legislation allows the authorizer to consider the impact that expanding enrollment of a charter school in the shortened timeframe will have on the traditional schools from which the students will be drawn.

   Additional Sponsors:  Rep. Scott, & Rep. Miro, & Sen. Sokola, & Sen. Sorenson, & Sen. Cloutier
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C098E3A54CC7CF70852578B10050036CTue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
People First Language (PFL) legislation is part of a national movement to promote dignity and inclusion for people with disabilities. PFL specifies that the order of terms used to describe any individual places the person first, and the description of the person second. For example, when using PFL, outdated terms such as “the disabled” would be phrased as “people with disabilities.” This language emphasizes that individuals are people first, and that their disabilities are secondary. This bill requires all new state laws and publications, from the effective date of the enactment of this bill into law, to avoid language that is disrespectful and/or offensive to individuals with disabilities. A violation of this bill is not grounds to invalidate any new state law or publication. This bill does not apply to terms required by federal law or regulation or state statute. Nothing in this section shall be construed as changing the application of any provision affected by this section to any person.

   Additional Sponsors:  Sen. McDowell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/3F978352B5A7288D852578690064915AThu, 12 Jan 2012 16:15:53 -0400Delaware - Signed Legislation
This legislation authorizes the Department of Natural Resources and Environmental Control to adopt guidance and minimum standards to minimize risk from flooding with the input from a stakeholder advisory group. Such standards or equivalent standards shall subsequently be adopted by local governments to the extent that existing requirements do not meet the minimum standards established under this legislation. The legislation also authorizes the DNREC Secretary to waive regulatory requirements of the Wetlands and Subaqueous Lands Regulations to protect public health and safety and to prevent catastrophic damage to property.

   Additional Sponsors:  Rep. Q. Johnson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/03B60BA9D12B09088525786B0051F38DTue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This bill designates the month of October as “Disability History and Awareness Month.”

   Additional Sponsors:  Rep. Longhurst, & Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/FF3ADEE88CC33AB38525788500666073Tue, 13 Mar 2012 17:50:09 -0400Delaware - Signed Legislation
Section 1 of this Bill would ensure that Delaware medical providers do not take advantage of the section of the statute that allows for the “greater of” clause by opening a facility across state lines to perform procedures on patients that could be performed in state to collect higher fees. At the same time, the Bill preserves the original intent of the statute, which allows an injured worker to receive specialized treatment outside the state. Section 2 of the Bill provides for medical provider’s (physician) report to serve as the triggering event for the completion of the employer’s report of modified-duty availability.

   Additional Sponsors:  Rep. Gilligan
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9818AF7A8DA550BC852578A200624F60Wed, 16 May 2012 18:07:47 -0400Delaware - Signed Legislation


   Additional Sponsors:  Sen. McDowell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/5C0C8A8BB372B0A8852578A100757F4ETue, 25 Oct 2011 09:54:11 -0400Delaware - Signed Legislation
Section 1 of this bill raises the limit of the exemption from newspaper advertising and hearing requirements for water well construction permit applications to 1,000,000 gallons per day under normal operations. Section 2 of this bill changes the criteria for irrigation wells that are subject to public notice requirements and waives the public notice requirements for replacement irrigation wells that have previously received a permit and been publicly noticed. This section also includes an emergency provision and procedures for approving replacement wells. An oversight committee is also created to monitor the program and procedures. This will allow the Department of Natural Resources and Environmental Control to issue irrigation well construction permits, during the growing season, in a more expeditious manner. A delay in issuance of irrigation well construction permits can ruin an entire growing season’s crop and the resultant economic impact can be significant.

   Additional Sponsors:  Rep. Atkins, & Sen. Bunting, & Sen. Venables
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BF992E35C6003268852578AF005478B6Tue, 01 May 2012 18:00:54 -0400Delaware - Signed Legislation
This Bill amends Title 24, §§2301 and 2302, of the Delaware Code as it relates to pawnbrokers, secondhand dealers and scrap metal processors by requiring any person or entity who buys and sells scrap metal to be subject to the provisions under this Title. The bill specifically eliminates the definition of flea market as a market that is open for business only 4 days or less and specifically defines “retail” and “consumer”. The bill further exempts secondhand dealers who are in the retail business of selling goods and/or produce to the ultimate consumer, rather than to a person who intends to resell or further process the goods he or she purchased. Finally, the bill increases the reporting requirements by scrap metal processors by providing that specific information must be taken when scrap metal is purchased or otherwise acquired.

   Additional Sponsors:  Rep. Atkins

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9E540B5676B67548852578A80070CEA8Thu, 10 May 2012 17:37:12 -0400Delaware - Signed Legislation
People First Language (“PFL”) legislation is part of a national movement to promote dignity and inclusion for people with disabilities. PFL specifies that the order of terms used to describe any individual places the person first, and the description of the person second. For example, when using PFL, outdated terms such as “the disabled” would be phrased as “persons with disabilities.” This language emphasizes that individuals are people first, and that their disabilities are secondary. In compliance with PFL guidelines, this Act amends current references to persons with disabilities throughout the Code by placing the person first and the disability second. Also pursuant to PFL, this Act removes offensive and/or insensitive language from the Code and replaces that language with respectful language. For example, the Act replaces antiquated and offensive terms such as “mental retardation” and “mental illness” with more appropriate terms like “intellectual disability” and “mental condition,” respectively.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D1AA71F6E1ED51A2852578A1006C7734Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
Delaware has two regulatory schemes for competitive local exchange carriers providing telecommunication services in Delaware. Under Section 707 of Title 26, a local exchange carrier cannot charge a switched access rate higher than that charged by the largest service provider in the State. Currently, Section 301 of Title 26 does not contain this same rate ceiling. This legislation provides parity between the two regulatory processes so that regardless of the regulatory scheme governing the carrier, the switched access rates of all Delaware carriers would be subject to the same ceiling. This legislation closes a loop hole and treats all carriers equally by applying the existing ceiling to all carriers. This legislation mirrors the unified ceiling in federal law for rates for interstate service.

   Additional Sponsors:  Rep. Hudson, & Sen. DeLuca
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D80EF5B71FEE2B7A8525788C006D5B48Wed, 25 Jan 2012 17:44:35 -0400Delaware - Signed Legislation
This Act simplifies the formula devised in 1984 that is used to distribute more than $4 million in annual public library standards funds to Delaware’s 33 public libraries. The purpose of public library standards funding is to enable every public library in the State to evolve and to meet a minimum threshold of service. Inadvertently, the structure of the current formula has caused an ever-increasing percentage of appropriated funds to be allocated based on local public library spending with fewer and fewer dollars allocated based on service population, as originally intended. This Act would ensure that future allocations will remain balanced between local spending and population served and will significantly reduce annual volatility in allocations among all public libraries. Specifically, the Act requires that 40% of funds be distributed based on service population and 40% of funds be distributed based on local spending. Current law allows the Division of Libraries to use the remaining 20% of funds for library planning and evaluation and for countywide and statewide library services. This Act reduces the retention amount to 10% and provides that the remaining 10% go directly to individual public libraries to fund countywide or regional public library services provided by anchor public libraries and to fund individualized plans for each public library or public library system to improve library collections, staffing or other priorities.

   Additional Sponsors:  Sen. Hall-Long

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/370FC62866D7F3908525788E0068266CTue, 13 Mar 2012 17:50:07 -0400Delaware - Signed Legislation
This Bill revises DNREC’s chronic violator program. It adds a purpose section, makes various technical revisions, adds and makes consistent several definitions, clarifies and expands the standard and criteria for chronic violator status, adds categories of factors and types of violations, updates DNREC’s authority to promulgate regulations, and enhances administrative penalties.

   Additional Sponsors:  Rep. Mulrooney, & Rep. Q. Johnson, & Rep. Heffernan
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/926802D9516741EA8525788D005D4914Tue, 25 Oct 2011 09:54:11 -0400Delaware - Signed Legislation
This bill, named the “Delaware Investor Protection Act,” re-organizes the provisions of the Delaware Securities Act (6 Del. C., Ch. 73) into seven subchapters and makes the following substantive amendments to the Act: (1) The definition of the word “security” is amended to make clear that a viatical settlement investment is a security under the Act. (2) A definition of the term “viatical settlement investment” is added to the Act. (3) The statutory registration exemption for any investment contract issued in connection with an employee’s stock purchase, savings, pension, profit-sharing or similar benefit plan is amended to eliminate the requirement that the Commissioner be notified in writing of the offering of any such security. (4) A securities registration exemption for viatical settlement investments is added to the Act. (5) The Act is amended to strike a provision that provides for automatic registration of the partners, officers, and directors of a broker-dealer or investment adviser. (6) The Act is amended to increase the registration fees for broker-dealers, broker-dealer agents, investment advisers, investment adviser representatives, and issuer agents. (7) The Act is amended to increase the notice filing fee for federal covered advisers. (8) The Act is amended to enhance funding for the Investor Protection Fund. (9) The Act is amended to update statutory references and make minor technical corrections.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0158F45C4A06A7BA852578A10054F50BTue, 13 Mar 2012 17:50:09 -0400Delaware - Signed Legislation
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. Contained in its entirety within this legislation was the Nonadmitted and Reinsurance Reform Act of 2010, referred to as the NRRA. The NRRA places surplus lines taxation, regulatory and licensing authority under the exclusive oversight of the home state of the insured, so that multi-state policies would have premiums taxed in just one state. Along with certain other regulatory requirements for nonadmitted insurance, the NRRA compels the establishment of nationwide uniform requirements, forms, and procedures, such as an interstate compact or agreement, that provide for the reporting, payment, collection, and allocation of premium taxes among the states. The States have 330 days from the date of enactment of the NRRA to adopt and implement the compact or otherwise establish allocation procedures. This bill describes the requirements of the NRRA and amends Chapter 19 of Title 18, Delaware’s current surplus lines law, to bring the Delaware Code into compliance with those requirements. Section 1 of the bill creates Subchapter I pertaining to findings regarding the implementation of the NRRA, establishment of single-state regulatory and taxing authority, authorization for participation in an interstate cooperative compact or agreement related to regulation of nonadmitted insurance and the collection, allocation, and distribution of premium tax; establishment of a committee to study the fiscal impact of entering into an interstate agreement; adoption of definitions found in the NRRA; and the exclusion of certain lines of business from the provisions of the chapter. Section 2 of the bill creates Subchapter II pertaining to placement and regulation of surplus lines insurance through licensed surplus lines brokers or by insureds who independently procure coverage; conditions for export of coverage; authorization for the Insurance Commissioner to set diligent search requirements; certain procedural requirements for surplus lines brokers; definition and provisions for streamlined application for certain commercial insureds; endorsement of contract and required disclosure statement ensuring that the insured is aware that the surplus lines policy is placed with a company not under the jurisdiction of the Insurance Department and no guaranty fund coverage is available; allowance for delayed surplus lines licensing if Delaware is the home state of the insured; mandated use of the NAIC national producer database for licensing; and certain records and reports required from surplus lines brokers. Section 3 amends sections of Chapter 19 pertaining to surplus lines premium tax to provide that 100% of the premium for all policies written on home state insureds, whether single-state or multi-state, is considered Delaware premium for tax purposes; provide for the payment of premium tax on independently procured nonadmitted insurance; and provide for penalties for noncompliance with tax filing requirements. Section 4 creates Subchapter III pertaining to the eligibility and regulation of nonadmitted insurers as specified in the NRRA including clarification that surplus lines insurance is exempt from rate and form approval and stating criteria for withdrawal of eligibility. Section 4 also adds a section creating the company type of Delaware domestic surplus lines insurers that are admitted insurers permitted to write surplus lines policies on Delaware risks if they are sufficiently solvent, their board of directors allows it, and the Insurance Commissioner approves. Section 5 creates Subchapter IV providing for miscellaneous material such as applicability, alteration, and repeal of this law; renaming the law; providing for penalties; and declaring urgency of enactment due to the 330 day requirement in the NRRA.

   Additional Sponsors:  Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4B20A041C3BC38FC85257893004A795AWed, 16 May 2012 18:08:03 -0400Delaware - Signed Legislation
This amendment requires licensed pawnbrokers, secondhand dealers, scrap metal processors to electronically submit transaction records in a format acceptable to the applicable police agency by noon the next business day. This amendment also requires the payment of an annual subscription fee to the electronic reporting system.

   Additional Sponsors:  Sen. Bunting
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/80B1299C961498D6852578A9006BAAECThu, 03 May 2012 17:23:39 -0400Delaware - Signed Legislation
This Act assures prosthetic parity for Delaware citizens who have experienced limb loss by requiring that all individual and group health insurance policies provide orthotic and prosthetic devices at a reimbursement rate equal to the Federal reimbursement rate for the aged and disabled.

   Additional Sponsors:  Rep. Keeley, & Rep. Heffernan, & Sen. McDowell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/03808279752AE5738525786200537500Wed, 25 Apr 2012 17:12:36 -0400Delaware - Signed Legislation
This Senate Joint Resolution honors the memory and accomplishments of Major Allen McLane of Smyrna, a great hero of the American Revolution. It urges the citizens of the state in general and those of Smyrna and Kent County in particular to consider appropriate means of honoring McLane’s memory in a lasting way and to share their thoughts and ideas with the Delaware General Assembly, the Smyrna Town Council and the Kent County Levy Court.

   Additional Sponsors:  Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/839CDE5F92C0B839852578B60051FD56Tue, 13 Mar 2012 17:50:08 -0400Delaware - Signed Legislation
This bill clarifies that any third party that contracts with autoclubs for services, such as towing, are not captured in the definition of such under the insurance code.

   Additional Sponsors:  Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9E1F398DCD198F148525788C00741822Wed, 25 Jan 2012 17:44:37 -0400Delaware - Signed Legislation
This Act regulates the practice of inspecting homes by requiring certain licensure qualifications for home inspectors practicing in this State. The Act establishes the Board of Home Inspectors, which acts as the governing body over the practice of home inspection in Delaware. Pursuant to the Act, the Board is given the authority to, among other things, formulate rules and regulations implementing or clarifying this Act, evaluate the credentials of all applicants seeking to be licensed as a home inspector, granting/renewing licenses, and assisting in disciplinary hearings. The Act applies the Administrative Procedures Act to the Board of Home Inspectors. The Act states the qualifications that must be met by each applicant to become licensed within the State, including the passing of a written, standardized exam and the satisfying of certain good character requirements. The Act provides for the issuing of temporary licenses to home inspectors from other states, the granting of reciprocity to home inspectors from other states, and the establishing of a home inspector “trainee” status. The Act provides a grandfathering clause for practitioners that have been practicing for at least 5 years. The Act states the disciplinary procedures and penalties for those violating the provisions of this Act. Certain exceptions to the licensing requirements contained herein are also set forth in the Act.

   Additional Sponsors:  Sen. Peterson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/03FC5BEB56DE9985852578540053C78CThu, 12 Jan 2012 16:15:53 -0400Delaware - Signed Legislation
This Act expands the definition of “nuisance” to include illegal gun crimes, criminal gang activity, recurring violent activity and other public nuisances that cause a tangible injury to the surrounding properties and businesses. The Act streamlines and clarifies the procedures, parties and proof requirements within the statute. The Act provides better guidance for the Court to determine whether the health safety or welfare of the community requires an immediate closure of the nuisance property and allows the owner of a property so closed to petition the Court for an expedited schedule for permanent hearing without posting a bond. Finally, the Act changes the civil penalties associated with a nuisance property from the fair market value to a per diem amount to better address the damage inflicted on the community.

   Additional Sponsors:  Rep. Keeley, & Rep. J. Johnson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E122CFE29F8F8C2785257871005D77D8Wed, 16 May 2012 18:07:46 -0400Delaware - Signed Legislation
This Act strengthens criminal penalties for Driving Under the Influence (“DUI”). The window during which a second offense qualifies for enhanced penalties is increased from five to ten years and the window for a third offense to be considered a felony is removed altogether. The minimum sentences for felony level offenses are established in a stepwise fashion to provide increased sanctions for each subsequent offense. The Act allows the Court to suspend up to half of the minimum sentence for felony offenders but requires that in such instances the offender must participate in a program which includes intensive treatment as well as drug and alcohol abstinence for not less than 90 consecutive days. The Act requires the use of transdermal monitoring devices to ensure the period of alcohol abstinence. This Act provides for a “single track” for DUI cases wherein only one trial is required for misdemeanor DUI offenders; the trial will occur in the Court of Common Pleas. The Act clarifies that Ignition Interlock Devices (“IID”) are required for all offenders with an alcohol concentration of .15 or more, and for those who refused a chemical test. The Act further clarifies the admissibility of chemical test reports and evidence in administrative license revocation hearings. The Act also makes various amendments to harmonize existing provisions with prior amendments.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/97C5DEFEEB934660852578A20055B6FAWed, 28 Mar 2012 10:42:40 -0400Delaware - Signed Legislation
This Act establishes a new crime, Vehicular Assault in the Third Degree, to cover situations where an individual causes injury to another person as a result of criminally negligent driving. The Act strengthens criminal penalties for Vehicular Assault in the Second Degree, Vehicular Homicide in the Second Degree, Vehicular Homicide in the First Degree and Criminally Negligent Homicide. This Act also brings into accord the penalties for Vehicular Homicide in the Second Degree and Criminally Negligent Homicide. These amendments provide sentencing courts wide latitude in crafting appropriate sentences for those who cause injury and death on Delaware roadways.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1907206B929FF521852578A200568551Tue, 10 Jan 2012 17:36:03 -0400Delaware - Signed Legislation
This bill relates to the Board of Chiropractic and makes two changes to House Substitute No. 1 for House Bill No. 435, as amended by House Amendments Nos. 1 and 2, of the 145th General Assembly, signed into law on July 30, 2010. Section 1 simplifies the process of calculating the cost sharing charged to patients for chiropractic care. Section 2 changes the effective date from July 1, 2011 to January 1, 2012.

   Additional Sponsors:  Sen. Hall-Long, & Sen. Blevins, & Sen. Ennis

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7EE5C8AAB606B410852578A9007AD3EEWed, 16 May 2012 18:07:47 -0400Delaware - Signed Legislation
This amendment to the Charter of the Town of Millville is intended to revise the limit on the taxes that may be levied and collected on real estate and the improvements thereon in a given year to no more than 3% of the total assessed value. Currently the Charter’s limit is $250,000. The Town’s current tax rate of .5%, in light of its prior growth, has the Town at the limit. By substituting a percentage, rather than a specific dollar figure, the Town will be able to accommodate its future and projected growth and the necessary budgetary adjustments, without having to request additional amendments to the Charter.

   Additional Sponsors:  Sen. Bunting

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BEA88EF68F670E90852578A9006BEB3DTue, 10 Jan 2012 17:36:03 -0400Delaware - Signed Legislation
This Bill corrects some incorrect references to subsections, limits the number of times an applicant can take the licensing exam before having to re-apply for the examination and provide evidence of additional education or experience; permits the investigation of anonymous complaints, and describes the protections offered to individuals who serve on Council or its committees.

   Additional Sponsors:  Rep. Kowalko

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E380FFACDF2452B9852578AA006D9544Tue, 15 May 2012 18:14:08 -0400Delaware - Signed Legislation
This bill is the result of recommendations made by the Joint Sunset Committee. The bill presents extensive revisions to make the Real Estate Commission’s licensing law consistent with other Title 24 boards and commissions. In addition, the amendments include new language and terms to coincide with modern practices and to provide greater clarity for practitioners and the public. In particular, the bill replaces and updates provisions relating to Commission objectives and powers and duties, licensure requirements, reciprocity, grounds for discipline and sanctions. The bill includes a definition of the term “Comparative Market Analysis” in order to delineate the scope of permissible activities for a licensee and to clarify that a Comparative Market Analysis is not an appraisal. The bill also includes a definition of “Property Management Services” and an exemption for a provider of Property Management Services. This additional language specifies that an individual engaging in Property Management Services is exempt from the statute, except to the extent that the individual is involved in selling or leasing. The bill amends the “Powers and Duties” section of the statute in order to give the Commission the explicit authority to issue cease and desist orders and impose fines for unlicensed practice. The bill makes explicit that there are three licensure categories in the real estate profession. Currently, there are just two licensure categories referenced in the statute: broker and salesperson. The term “broker of record,” designating the individual responsible for the brokerage organization, is mentioned only in the Commission’s Rules and Regulations. The bill designates the three licensure categories as Broker (formerly broker of record), Associate Broker (formerly broker) and Salesperson. These three terms will create greater protection for the public by making clear that the Broker is the individual ultimately responsible for the real estate transaction. The bill also creates standards for reciprocal licensure. Currently, out-of-state applicants are issued non-resident licenses. The amendment creates several methods whereby an out-of-state applicant may obtain a Delaware license. The bill also adds requirements for licensure for all applicants to ensure that the Commission has the authority to consider the applicant’s disciplinary history in other jurisdictions. The bill gives the Commission the authority to grant additional licenses to licensees, where the Brokers are notified and agree with the arrangement. This amendment brings Delaware into line with practices in other states. The bill also requires licensees to disclose, at the time of renewal, any criminal convictions since the last renewal. With respect to disciplinary matters, the bill gives the Commission the authority to permanently revoke a license. The bill also includes a provision for temporary suspension of a license, pending a hearing, where the activity of the licensee presents a clear and immediate danger to the public health, welfare or safety. The new provision gives the authority to temporarily suspend a license to the Secretary of State, with the concurrence of the Commission Chairperson. The bill gives the public easier access to the Guaranty Fund. Currently, an aggrieved party must file a claim with the Guaranty Fund within 60 days after filing a lawsuit. Pursuant to the amendment to the statute, an aggrieved party must give notice within 60 days after obtaining a judgment. The bill significantly amends the statute in connection with agency relationships to afford greater protection to the public. With the amendments, statutory agency will be presumed and not predicated on the signing of the consumer information statement. Further, statutory agency begins on first contact between the licensee and the member of the public. With this amendment, the member of the public will be afforded a range of protections, such as the duty of confidentiality. This bill becomes effective six months after its enactment into law.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/60EA60E782ADDDF5852578B10062FE03Tue, 01 May 2012 18:00:54 -0400Delaware - Signed Legislation
This legislation turns the William Nelson Armory upon vacancy by the Delaware National Guard over to the Town of Middletown to be used for the American Legion Post 25 and/or the Appoquinimink Boys and Girls Club. The legislation states that the property is turned over to Middletown in an “as is” condition.

   Additional Sponsors:  Sen. Hall-Long, & Rep. Q. Johnson, & Rep. Walker

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B37FBAFC40B573F7852578AF006F5E80Tue, 25 Oct 2011 09:54:11 -0400Delaware - Signed Legislation
To provide state and local law enforcement agencies with additional resources to fight violent crime, including gun violence, this legislation establishes The Fund to Combat Violent Crimes. The Fund will be funded by an additional penalty of $15 to be levied upon individuals convicted of crimes or offenses, thus ensuring that violators bear the cost of this initiative. One-half of the Fund (up to $2.25 million) will go to the Department of Safety and Homeland Security to fight violent crime. The other half (up to $2.25 million will be administered by The Fund to Combat Violent Crimes Committee and distributed to local law enforcement agencies in connection with initiatives to reduce violent crime. Any monies received in excess of $4.25 million per year will be deposited in the General Fund.

   Additional Sponsors:  Rep. Viola, & Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9CBE18284BC7D796852578A9005654DCWed, 18 Jan 2012 17:38:54 -0400Delaware - Signed Legislation
This Act changes provisions for supplemental health insurance coverage for children of insureds, raising the age children may be covered by their parent’s or parents’ health insurance to the age of 26. The provisions of this Act shall have no force or effect if the health care bill passed by Congress and signed by the President of the United States in 2010 is declared unconstitutional by the Supreme Court of the United States of America.

   Additional Sponsors:  Sen. Bushweller, & Sen. Cloutier
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D303C008DEADC543852578690075F17FTue, 13 Mar 2012 17:50:09 -0400Delaware - Signed Legislation
If enacted this bill would bring the State into compliance with the Military and Overseas Voters Empowerment Act by giving the Departments of Elections sufficient time to prepare and send ballots to military and overseas voters at least 45 days before the day of the Special Election and give the Departments of Elections capability to run the Special Election in an efficient manner.

   Additional Sponsors:  Rep. Jaques

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E96C55971844B2DD8525788600607319Tue, 13 Mar 2012 17:50:09 -0400Delaware - Signed Legislation
Delaware has implemented a successful agricultural lands preservation program under which Preservation easements have been acquired to permanently protect over 100,000 acres or approximately 20% of Delaware’s available farmland. To carry on Delaware’s agricultural legacy and maintain agriculture as a leading component of Delaware’s economy there is a need to facilitate the acquisition of farmlands by Delaware’s younger generation of farmers. The loan program established by this legislation serves the dual purpose of permanently protecting farmland through Preservation easements and providing to younger farmers the much needed equity basis for obtaining commercial loans by providing favorable subordinated loans from the Foundation to make the farmland purchases. The value of the Preservation easement obtained by the Foundation in return for the program loan would be greater than the program loan amount, thus protecting the interests of the State even if a default in repayment of the program loan occurs. When the program loans are repaid at the end of the loan term or sooner, the monies are reinvested in the program to provide further loans and permanently preserve additional farmland.

   Additional Sponsors:  Rep. Atkins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/371357440DEFBADC852578A30055550CThu, 03 May 2012 17:23:38 -0400Delaware - Signed Legislation
This Act creates a Law Enforcement Memorial license plate.

   Additional Sponsors:  Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/71F25EF05D73B9B885257831004EB4F6Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This Bill will change the date of the Presidential Primary from the first Tuesday in February to the fourth Tuesday in April.

   Additional Sponsors:  Rep. Jaques

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2E357B339791AC368525788C0055F2DDTue, 13 Mar 2012 17:50:09 -0400Delaware - Signed Legislation
If enacted this Bill would bring the State into compliance with the Military and Overseas Voters Empowerment Act by giving the Departments of Elections sufficient time to prepare and send ballots to military and overseas voters at least 45 days before the day of the Presidential Primary, give all voter more time to change their political party affiliation before the Presidential Primary and give the Departments of Elections capability to run the Presidential Primary in a more efficient manner. The bill also provides voter sufficient time to change their political party affiliation following a presidential primary by moving the beginning of the closed period for party changes to the last Saturday in May.

   Additional Sponsors:  Rep. Jaques

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4BD36CE0041B26DE85257886005F13BETue, 01 May 2012 18:00:45 -0400Delaware - Signed Legislation
This Bill exempts farm vehicles and trucks traveling to and from a farm, while performing farm operations, from temporary seizure requiring the vehicle to be driven to scales and being subject to forced load discharge at the direction of a police officer.

   Additional Sponsors:  Sen. Bunting, & Sen. Venables
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/EA5C63FA157A572A852578A9006D61BDTue, 15 May 2012 18:14:08 -0400Delaware - Signed Legislation
This legislation will make it clear that the office of Narcotics and Dangerous Drugs, formerly a part of the Department of Health and Social Services, is now a unit within the Division of State Police existing command structure and that the agents transferred to the Department of Safety and Homeland Security from the Department of Health and Social Services are non-merit employees and did not retain their former merit status after the transfer.

   Additional Sponsors:  Rep. Mitchell

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C480CF043A59F18F852578B60078BFB6Thu, 05 Apr 2012 16:35:03 -0400Delaware - Signed Legislation
Section 1 of this bill requires permanent revocation of the license of any person convicted of a felony sexual offense. Section 2 makes it a ground for discipline if a licensee fails to report child abuse or neglect as required of persons licensed in the healing arts by 16 Del. C. § 903.

   Additional Sponsors:  Rep. Barbieri
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6C03D657B4E585D28525785300672786Tue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
Section 1 of this bill provides that no person who has been convicted of a felony sexual offense can receive a license to practice dentistry or dental hygiene. Section 2 of this bill requires permanent revocation of the license of any person convicted of a felony sexual offense. Section 3 makes it a ground for discipline if a licensee fails to report child abuse or neglect as required of persons licensed in the healing arts by 16 Del. C. § 903. Section 4 of this bill requires a licensee to report to the Board any other licensee or healthcare provider who the licensee reasonably believes to be guilty of unprofessional conduct or physically or mentally incapable of practicing their profession. Failure to so report can be grounds for discipline, and any person making a report in good faith is not subject to civil or criminal liability for reporting.

   Additional Sponsors:  Rep. Barbieri
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6F7CF81D0F36CB3B85257853006342BBThu, 05 Apr 2012 16:35:03 -0400Delaware - Signed Legislation
This bill adds to the section on grounds for disciplinary action the requirement that a physician’s assistant report to the Board any doctor, physician assistant or healthcare provider who is reasonably believed to be guilty of unprofessional conduct or physically or mentally incapable of practicing medicine, although no one who makes a good faith report shall be civilly or criminally liable for reporting. It further makes a licensee subject to discipline for failing to report child abuse or neglect as required by 16 Del. C. § 903, and provides for revocation of the license of any physician assistant who is convicted of a felony sexual offense.

   Additional Sponsors:  Rep. Barbieri
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D9DD81387C211DB1852578530067FA4ETue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This bill would create a safe-passing zone between a motor vehicle and a bicycle, when the motor vehicle is overtaking a bicycle traveling in the same direction. If a three-foot-wide passing space is not possible, then the driver of the motor vehicle is to slow down to increase the margin for passing safely beyond the bicycle. This bill is supported by the Delaware Bicycle Council, and is based on similar legislation in Rhode Island.

   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/78319BE27983DEC78525785B005C0BADTue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
This Act amends §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 Act deletes the restriction that small estate affidavits must be issued exclusively by the Register of Wills. This Act is unanimously supported by the Registers of Wills of New Castle, Kent, and Sussex Counties.

   Additional Sponsors:  Bushweller, & Rep. Bennett
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2A252CAB497B99CD85257856006FC13CTue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
This bill requires an owner of property in New Castle County who seeks a charitable, religious, or educational tax exemption or exemption as a specified organization to submit an application by which the County may determine its eligibility for exemption by March 1 of the preceding fiscal year, or within 30 days of the property acquisition, if acquired after March 1. No such application is required of governmental entities.

   Additional Sponsors:  Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/EC523BD1504B1F268525785400746B33Tue, 15 May 2012 18:13:55 -0400Delaware - Signed Legislation
This bill corrects an internal inconsistency in the number of professional board members that can be appointed to the Board of Professional Land Surveyors from any 1 county. As amended, the section states that four members of the State Board of Professional Land Surveyor, "shall be land surveyors licensed under this chapter, at least 1 of whom, but not more than 2, shall be appointed from each county of this State. . .".

   Additional Sponsors:  Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BAA2CA50CB87B2658525789B0067AC77Tue, 15 May 2012 18:13:55 -0400Delaware - Signed Legislation
This technical correction bill clarifies that members appointed to the Acupuncture Advisory Council and the Genetic Counselor Advisory Council must be licensed.

   Additional Sponsors:  Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E909DF7C060914288525789B0066201FWed, 18 Jan 2012 17:38:54 -0400Delaware - Signed Legislation
This Act amends Title 18 to prohibit the denial of coverage to children under the age of 19 due to pre-existing conditions.

   Additional Sponsors:  Sen. Bushweller
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4629FACC233907618525786900483C5DTue, 10 Jan 2012 17:36:01 -0400Delaware - Signed Legislation
This Act would amend the Charter of the Town of Georgetown to enable the borrowing from a Federal or State source if the interest rate on such borrowing is fixed at zero (0%) percent and the borrowing comes with one hundred (100%) percent forgiveness of principal upon successful completion of the project financed with funds borrowed without the requirement of a referendum or special election.

   Additional Sponsors:  Rep. Briggs King

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/3EFCFD4C50F562A8852578A10062EE9BWed, 16 May 2012 18:07:46 -0400Delaware - Signed Legislation


   Additional Sponsors:  Rep. Scott, & Sen. Simpson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/25D441AADD3DC2FE852578540045A142Tue, 01 May 2012 18:00:45 -0400Delaware - Signed Legislation
This Bill expands the New Castle County zoning regulation exemption for agricultural related temporary roadside stands to include stands which sell products that are grown or produced on a local regional farm.

   Additional Sponsors:  Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/20F19B6F375487E4852578A9006DEA51Wed, 18 Jan 2012 17:39:02 -0400Delaware - Signed Legislation
This bill is a result of recommendations made by the Joint Sunset Committee and establishes a Provider Advisory Board. This Board shall serve in an advisory capacity to the Office of Child Care Licensing with regard to adopting, promulgating and amending such rules and regulations as are required to carry out the Delaware Child Care Act with respect to Early Care and Education and School Age Centers.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C1374C3A141E4177852578AF0061BB6BTue, 13 Mar 2012 17:50:05 -0400Delaware - Signed Legislation
This joint resolution establishes a study group to evaluate child mental health needs in Kent and Sussex Counties, focusing on the needs of child victims of sexual assault.

   Additional Sponsors:  Sen. Bunting
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E46F9C6B931B3E0F852578BC0068754FWed, 28 Mar 2012 11:49:39 -0400Delaware - Signed Legislation
This Bill creates a tax exemption for community-owned swimming pools in Kent County only. The exemption would apply only to pools owned by civic organizations that own parkland that is dedicated to community or public use.

   Additional Sponsors:  Rep. Scott
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/DF6F6D915D7B155D85257810004E8D35Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This bill addresses the issues of weapons, specifically firearms, that have been relinquished by owners who are persons prohibited under §1448, Title 11 of the Delaware Code and by owners of firearms who have had a PFA Order issued against them. Currently, thousands of relinquished weapons are stored in evidence lockers of law enforcement agencies throughout the State. This bill will allow law enforcement to dispose of these firearms if, after sending written notice to the last known address of the owners of these firearms and giving them an opportunity to reclaim the weapon(s), the owners have failed to respond to the notice and 60 days has expired from the date the notice was sent. Law enforcement shall not dispose of a firearm during the pendency of a PFA Order, but may do so after expiration of the PFA order, if the owner has failed to reclaim the firearm within 60 days after notice with an opportunity to be heard has been sent to the owner’s last-known address.

   Additional Sponsors:  Sen. Henry, Reps. Barbieri, Bolden, Heffernan, Jaques, Keeley, Longhurst, Miro, Mitchell, Osienski, Schooley, Schwartzkopf, Scott, B. Short, D.E. Williams, Sens. Marshall, Peterson, Sokola, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0D6D0EEF12380B938525784900691C18Tue, 24 Apr 2012 16:34:45 -0400Delaware - Signed Legislation
The National Instant Criminal Background Check System (NICS) Improvement Act of 2007 was enacted by Congress in response to the Virginia Tech shooting tragedy. Among other things, it requires states to provide certain information to the federal National Instant Criminal Background Check System (“NICS”) database about persons prohibited from possessing firearms, including mentally ill individuals. Delaware is one of only 10 states that have provided no information on mentally ill individuals to the federal database. This bill would help remedy that problem by authorizing state agencies to provide such information to NICS. It also creates a federally mandated “relief from disabilities” program, which allows individuals adjudicated as mentally ill to once again become eligible for gun ownership by showing they are not likely to act in a manner dangerous to public safety. Once the new system is established, the bill will also abolish the state’s existing firearms transaction program, which will be duplicative.

   Additional Sponsors:  Sen. Sokola, Reps. Barbieri, Bolden, Heffernan, Jaques, Keeley, Miro, Mitchell, Osienski, Schooley, Schwartzkopf, Scott, B. Short, D.E. Williams, D.P. Williams, Sens. Henry, Marshall, McDowell, Peterson, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F911088699A0213D8525784900636581Tue, 03 Apr 2012 10:50:17 -0400Delaware - Signed Legislation
This Act decreases from nine (9) to (5) the members of the Board of directors of the Delaware Manufactured Home Relocation Authority and revises the number of members required for a change of meeting location and approval of payments or assessments.

   Additional Sponsors:  Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B3B94A8F44E3E63B8525781D006B1983Wed, 02 May 2012 18:25:37 -0400Delaware - Signed Legislation
This Bill establishes a community firearm recovery program to be funded at the discretion of legislators from their Community Transportation Funds. The program will be administered by either a municipal police department, New Castle County Police Department or the Delaware State Police. Lastly, this Bill requires no personal identification for the person presenting a weapon for redemption and exempts a person from any criminal prosecution if traveling to the recovery site or while on site.

   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2B477CDAAF3893138525783800603CD9Tue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
This Bill will modify the procedures for towing of an abandoned vehicle from private property when the police are contacted by the owner or occupant of the property. The provision will allow the towing operator to obtain ownership and address information regarding the vehicle from the police so that notice may be sent to the owner’s last known address for the process of ultimate disposition of the vehicle.

   Additional Sponsors:  Sen. Marshall, & Rep. Carson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BB34AE01AAECF021852578540060A59CTue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This bill provides that when a charge over which the Court of Common Pleas has jurisdiction is brought along with the violation of an ordinance, the violation and charge may be jointly transferred to the Court of Common Pleas, if such a transfer is elected by the Defendant. This bill allows the transfer to occur notwithstanding the Court of Common Pleas’ existing lack of jurisdiction over county ordinances. This allowance creates a cleaner and more efficient process for both the judicial system and the public by not requiring the splitting of cases.

   Additional Sponsors:  Rep. Mitchell, & Sen. Blevins, & Sen. Simpson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7C751802FB8A38888525786C0047B1D6Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This Bill makes the following changes to Delaware statutory trust law [Chapter 38, Title 12 of the Delaware Code]: Section 1 of the Bill amends § 3807 by adding three new subsections to provide that (i) the registered agent of one or more statutory trusts may resign as registered agent and appoint a successor [3807(f)], (ii) the registered agent of one or more statutory trusts may resign as registered agent without appointing a successor [3807(g)], and (iii) in any certificate or other document filed with the Secretary of State pursuant to Chapter 38, the address of the trustee and the registered agent or registered office of the statutory trust must include the street, number, city and postal code [3807(h)]. Section 2 of the Bill confirms that a certificate filed under Chapter 38 may be made effective at a date or time later than its filing as specified in the certificate; however, for filings made on or after January 1, 2012, the effective date or time cannot be later than the 180th day after the filing date of the certificate. Section 3 of the Bill amends § 3812 by adding a new subsection (g) to provide that there is no need to amend a certificate of trust or other document on file before August 1, 2011 in order to comply with new § 3807(h), but that any certificate or other document filed on or after August 1, 2011 and changing the address of a trustee or registered agent or office must comply with new § 3807(h). Section 4 of the Bill provides that a registered agent filing a certificate under new § 3807(f) shall pay a fee in the amount of $200, and a registered agent filing a certificate under new § 3807(g) shall pay a fee in the amount of $2.00 for each statutory trust whose registered agent has resigned by such certificate. Section 5 of the Bill amends § 3814(a) to provide that a domestic statutory trust may not register under a name that is not such as to distinguish it upon the records of the Secretary of State from the name of another domestic statutory trust unless the domestic statutory trust is registered as of July 31, 2011 and has obtained the consent of the other domestic statutory trust. Section 5 of the Bill further amends § 3814(a) to clarify that a domestic statutory trust may register under the same name as a foreign statutory trust registered under the laws of this State, regardless of when the domestic statutory trust is registered, as long as the foreign statutory trust consents in writing to the use of its name and the consent is filed with the Secretary of State. Section 6 of the Bill provides that notwithstanding anything to the contrary contained in the governing instrument of the statutory trust, an agreement of merger or consolidation approved in accordance with § 3815(a) may (i) effect an amendment to the governing instrument of the statutory trust, or (ii) effect the adoption of a new governing instrument to the statutory trust if the statutory trust is the surviving or resulting statutory trust in the merger or consolidation. Section 7 of the Bill clarifies that the filing of a certificate of conversion to statutory trust and the filing of a certificate of trust--both of which are required to be filed with the Secretary of State in order to convert another entity to a statutory trust--must be filed simultaneously with the Secretary of State. Likewise, to the extent such certificates are to have post-filing dates or times, the certificates must provide for the same effective date or time. Section 8 of the Bill clarifies that the filing of a certificate of statutory trust domestication and the filing of a certificate of trust--both of which are required to be filed with the Secretary of State in order to domesticate a non-United States entity as a Delaware statutory trust--must be filed simultaneously with the Secretary of State. Likewise, to the extent such certificates are to have post-filing dates or times, the certificates must provide for the same effective date or time. Section 9 of the Bill amends § 3862 to provide that (i) a registered agent filing a certificate under § 3854(c) shall pay a fee in the amount of $200, (ii) a registered agent filing a certificate under § 3854(d) shall pay a fee in the amount of $200, and (iii) a registered agent filing a certificate under § 3854(e) shall pay a fee in the amount of $2.00 for each statutory trust whose registered agent has resigned by such certificate.

   Additional Sponsors:  Rep. George, & Rep. Hudson, Sen. DeLuca
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F53D19EE2D7BEA5885257886006D5146Tue, 24 Apr 2012 16:34:53 -0400Delaware - Signed Legislation
This Bill gives the Court of Chancery increased discretion in determining whether it should approve a suggested price for a proposed sale of a disabled person’s real estate. Currently, the Chancery Court is required in most cases to set the minimum price allowable as the price set by the appraiser. This Bill will allow Chancery to take into account all relevant circumstances, including the appraisal and the best interest of the disabled person, in determining whether to approve a proposed sale.

   Additional Sponsors:  Rep. B. Short, & Rep. Hudson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/81021FA9C595CFAE85257885006CE5C0Tue, 24 Apr 2012 16:34:54 -0400Delaware - Signed Legislation
Section 1 of the Act is intended to exempt life insurance contracts and annuity contracts from execution or attachment process to the same extent as retirement plan assets. Section 2 of the Act is intended to clarify the meaning of the term “wilful misconduct” as used in Chapter 33 of Title 12 and governing instruments. Section 3 of the Act clarifies that valuation of a trust asset may be an investment decision as defined in Section 3313(d). Section 4 of the Act clarifies that tenancy by the entireties property conveyed in trust by a husband and wife may retain its character as such even if the husband and wife convey their respective interests in the property to different trusts. Section 5 of the Act revises Section 3335 in light of the enactment of a federal estate tax generally applicable to decedents dying during 2010 unless the decedent’s fiduciaries elect out of the application of the tax. Section 6 of the Act reorganizes Section 3528 for clarity and clarifies how the statute applies to an open class of beneficiaries. Section 7 of the Act clarifies the standard of care applicable to a trustee when exercising the authority granted pursuant to Section 3528 and clarifies when that authority is available to a trustee. Section 8 of the Act addresses the procedure for providing information about trusts to various persons. Section 9 of the Act clarifies existing law regarding the application of Section 3546 to both revocable and irrevocable trusts. Section 10 of the Act clarifies who may represent a minor under Delaware’s virtual representation statute in cases where one parent has sole custody of the minor. Section 11 of the Act is intended to clarify current law regarding the permissibility of making a qualified disposition in trust to a trust having multiple co-trustees provided that at least one of the co-trustees is a “qualified trustee” within the meaning of the Qualified Dispositions in Trust Act. Section 12 of the Act confirms existing Delaware law and is intended to clarify the nature of one type of claim excluded from the scope of the protection generally afforded against creditor claims by the Qualified Dispositions in Trust Act. Section 13 of the Act clarifies the rules regarding the payment of attorney’s fees from trusts governed by the Qualified Dispositions in Trust Act and includes a provision for trusts governed by the Qualified Dispositions in Trust Act comparable to the provision for revocable trusts appearing in Section 4 of the Act. Section 14 of the Act clarifies that Delaware’s virtual representation statute (12 Del. C. § 3547) applies to consents, releases and ratifications pursuant to Section 3588. Section 15 of the Act revises the provisions of the Delaware Uniform Principal and Income Act regarding the circumstances in which a trustee may rely upon a statement about the source or character of a distribution from an entity. Section 16 of the Act places a duty to make property productive of income upon the trustee in certain circumstances while preserving the income beneficiary’s right described in the current version of Section 61-413. Section 17 of the Act is intended to clarify the provisions of current law which state categorically that a trust has an insurable interest in the life of the person who creates the trust. Section 18 of the Act is intended to clarify current law regarding how the Delaware rule against perpetuities for real property held in trust applies in cases where an indirect interest in real property is held by a trust through the trust’s ownership of an interest in an entity that in turn owns an interest in real property. Section 19 of the Act provides for the effective date of the Act.

   Additional Sponsors:  Rep. B. Short, & Rep. George
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A213B84E26BB976985257887006DF105Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This Bill creates a new crime of theft of property from a cemetery. The Bill categorizes that crime as a Class A misdemeanor.

   Additional Sponsors:  Sen. Hall-Long, & Rep. Q. Johnson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/EC57A6B5981551328525788700652D7FTue, 10 Jan 2012 17:36:01 -0400Delaware - Signed Legislation
This bill prevents the installation and operation of variable message signs intended to be read by those traveling on the tolled portions of State Route One. The only exceptions would be for those that are installed and operated for official Department purposes, such as the existing VMS now on State Route One.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/18E45CE973865BE2852578940042EE18Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This bill recognizes that the Delaware Code is now available online and that fewer printed copies of the Delaware Code are necessary. The current Code outlines a minimum number of printed copies to be provided to each agency and certain officials throughout the State. Many agencies have requested fewer printed copies, but the current Code and policy requires Legislative Council to provide them. All copies and supplements are paid centrally by Legislative Council. Any additional copies of the Delaware Code will become the responsibility of the requesting agencies.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F1BA2F22C87437F98525787D006D2A0BTue, 10 Jan 2012 17:36:02 -0400Delaware - Signed Legislation
This bill creates the option of renewing a nursing license late, up to sixty days past the renewal period consistent with most regulated professions. Currently, nurses who attempt to renew after their renewal date must apply for reinstatement which delays the process due to the criminal background check requirement. This bill eliminates the delay in the renewal process and potential interruption to patient care.

   Additional Sponsors:  Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E502E278CFCF13C2852578A2006061CCTue, 10 Jan 2012 17:36:01 -0400Delaware - Signed Legislation
This legislation changes the name of DNREC’s Division of Waste Management to Division of Waste and Hazardous Substances, and enumerates the programs organized under the newly-named Division. It re-designates the Division of Boiler Safety as a Program within the newly-named Division of Waste and Hazardous Substances, eliminates the position of Director of Boiler Safety, and moves the Boiler Safety enabling legislation from Chapter 80 of Title 29 to a new Chapter 74B of Title 7. This legislation also authorizes fees from DNREC’s Aboveground Storage Tank Program to partially fund administration costs of DNREC’s Underground Storage Tank Program and the Boiler Safety Program.

   Additional Sponsors:  Rep. Q. Johnson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/379DC273D3329D9A8525788E006AF857Tue, 10 Jan 2012 17:36:02 -0400Delaware - Signed Legislation
This Bill, if enacted, keeps the Long-term Care Ombudsman program at Delaware Health & Social Services but allows it to be located outside the Division of Aging and Adults with Physical Disabilities. This change is required by the Federal Administration on Aging to keep the Ombudsman program in a separate Division from the long term care facilities.

   Additional Sponsors:  Rep. Barbieri
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/411E5F4B1BAF57D9852578A200622CC5Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This is a "house-keeping" 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 by requiring the town to include the qualifications to vote and information about obtaining absentee ballots in election notices and by requiring the town to keep election ballots and records for at least thirty days or until any pending disputes are resolved. This amendment clarifies that individuals who are absent from the town or unable to appear in person may use an absentee ballot. Additionally, this amendment requires freeholders running for office to be freeholders in the town for six months prior to an election date.

   Additional Sponsors:  Rep. Hocker

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BA963D7A302BF8E9852578850056D10BTue, 13 Mar 2012 17:50:08 -0400Delaware - Signed Legislation
As currently drafted, § 314(c) of Title 25 of the Delaware Code sets forth limitations on the time within which a contract for the sale of “improved or unimproved residential real estate” may remain executory. The primary purpose of the statute is the protection of single-family residential purchasers from entering into predatory installment sale contracts couched as seller financing. However, the term “improved or unimproved residential real estate” could be interpreted to include multi-unit residential property, such as an apartment building, or even unimproved land currently zoned or approved only for residential use but upon which office, commercial or industrial uses may be contemplated in the future. In commercial transactions, in which contracts for the sale of real property are often contingent upon the receipt of approvals necessary to develop the property, obtaining such approvals can take three or more years. Applying § 314(c) of Title 25 of the Delaware Code to such transactions, thereby limiting the period within which contracts involving seller financing may remain executory to periods of six to twelve months, may allow a party to such a contract to void the contract where the other party has not yet been able to obtain the necessary approvals, thus allowing such voiding party to relieve itself of contractual obligations and in some cases receive a windfall by entering into a new contract with a different party at a higher price. Several Delaware laws distinguish between 1-to-4-family residential real property used primarily for personal, family or household purposes and other types of property. The purpose of these changes is to give certainty that § 314(c) of Title 25 of the Delaware Code applies only to such residential real property in accordance with the intended purpose of such subsection.

   Additional Sponsors:  Rep. B. Short

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F6D290914BA84C5F852578A200520EC8Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This Act changes the age for the State Registrar of Vital Statistics report from 16 years of age to 18 years of age to bring this section into conformity with legislation passed in the 145th General Assembly.

   Additional Sponsors:  Rep. Brady
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/79B5CC5FF1285E5E85257880004BA017Tue, 10 Jan 2012 17:36:01 -0400Delaware - Signed Legislation
This Bill empowers the Department of Education to adopt rules and regulations regarding eligibility for supportive instruction and which also provide for the identification of licensed professionals authorized to certify eligibility for supportive instruction.

   Additional Sponsors:  Reps. Walker, Q. Johnson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/FC7FAFB504D871C7852578A10065D4F4Tue, 01 May 2012 18:00:44 -0400Delaware - Signed Legislation
This legislation reauthorizes the Clean Air Act Title V Operating Program by extending the program until December 31, 2014. The program oversees the state’s largest manufacturing, industrial and commercial sources of air emissions. By law the program sunsets every three years and is subject to review by the Title V Operating Permit Program Advisory Committee. The legislation maintains permit fees for the next three years at the same level as they were during the period 2008 through 2011. The legislation also corrects typographical errors, updates the calendar years covered by the statute and adjusts the categories of emission sources.

   Additional Sponsors:  Sen. McBride
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6E4BE2663D2A7CE6852578A9007E67AFWed, 18 Jan 2012 17:39:02 -0400Delaware - Signed Legislation
This bill would amend the insurance code to allow patients to assign their right to receive benefits under their health insurance policies to physicians and other health care providers. In addition, this bill would incorporate the provisions of Section 7.6 of Insurance Department Regulation 1301 into the insurance code.

   Additional Sponsors:  & Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1CA557C4A7AD512B852578AF00733349Wed, 16 May 2012 18:08:03 -0400Delaware - Signed Legislation
Current law does not allow funeral expenses to be paid with the consent of the beneficiary of the pension from a deceased state employee. This bill changes the statute to allow funeral expenses to be paid out of the benefits of the decedent.

   Additional Sponsors:  Rep. Bennett
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0BAAC71E3894163A852578AA00545ABBWed, 16 May 2012 18:08:03 -0400Delaware - Signed Legislation
The Bill eliminates the need of a quorum of a board or commission under Title 23, Title 24 or Title 28 to sign a decision that was previously approved by a quorum of its members and allows the Order to be issued under the signature of the board/commission president or other officer.

   Additional Sponsors:  Rep. Walker
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/90388345E33CE292852578B00074E160Wed, 16 May 2012 18:08:03 -0400Delaware - Signed Legislation
This Bill would increase the maximum time between comprehensive plan updates from 5 to 10 years. Nothing prohibits a county from acting more often, but experience has shown that five years is too short an amount of time between updates, leaving little time to implement a plan before starting the whole cycle over.

   Additional Sponsors:  Sen. Bunting, & Rep. Hocker
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/43F0154ADBEF64CB85257886005F1E5FTue, 25 Oct 2011 09:54:12 -0400Delaware - Signed Legislation
This substitute bill makes it illegal for persons to possess a firearm in a public place while under the influence of alcohol or drugs. Exceptions exist for persons who are in possession of firearms that are disabled or stored, or that are not in possession of ammunition for the firearm. Persons found guilty under this section shall be guilty of a class A misdemeanor for a first offense, and shall have their permit to carry a concealed deadly weapon revoked. In addition, such persons will not be permitted to obtain another concealed deadly weapon permit for 5 years from the date of conviction for a first offense. Persons convicted of a second or subsequent offense shall be guilty of a class G felony.

   Additional Sponsors:  Sen. Marshall
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/CF3E0009834C518B852578B10057EB35Thu, 10 May 2012 17:37:12 -0400Delaware - Signed Legislation
This Act allows the Department of Education to conduct audits and evaluations, including studies for improving instruction and complying with State and federal accountability measures; to collect data to effectuate those activities; and to promulgate regulations to govern the collection and use of educational records, including those in the longitudinal database. The intent of the legislation is to also provide for the ability of other researchers to access the interagency database for approved research studies through defined processes through the oversight of the P-20 Council. This Act also expands the membership of the P-20 Council.

   Additional Sponsors:  Rep. Miro, & Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/74770EB427CB9E03852578B6005A4B6ETue, 15 May 2012 18:14:07 -0400Delaware - Signed Legislation
This Bill empowers the State Election Commissioner to use information from the Division of Motor Vehicles for the improvement of voter registration records.

   Additional Sponsors:  Rep. Jaques

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/041658692E1AF446852578B600736485Tue, 08 May 2012 18:04:26 -0400Delaware - Signed Legislation
Sections 1 – 3 of this Act grant pension increases to retired State Employees, retired Judges, retired “New” State police and retired County/Municipal Police/Firefighters on January 1, 2012 for persons retired on or before June 30, 2010. Sections 4 – 6 of this Act give the Board of Pension Trustees the authority to amend the growth rate in the State Employees’ pension plan, Judiciary pension plan, and the State Police pension plan. Currently, the Board of Pension Trustees has the authority to amend all actuarial assumptions in the pension plans, except for the growth rate. This rate is used to determine the general wage increase for individuals as well as the increase in total payroll for the amortization of actuarial gains or losses.  

   Additional Sponsors:  Sen. McDowell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/15650A8E75442AB0852578BD00555F86Tue, 01 May 2012 18:00:54 -0400Delaware - Signed Legislation
This bill corrects certain flaws in Delaware’s Not-for-profit Healthcare Conversion Act (the “Act”) enacted in 2004. The bill clarifies the General Assembly’s intent that the Act does not consider a Delaware not-for-profit healthcare entity affiliation with another not-for-profit entity to be a “not for profit healthcare conversion.” The Act has recently been interpreted by the Delaware Attorney General as requiring that result in a specific transaction involving a not-for-profit Delaware health service corporation seeking to affiliate with another not-for-profit company, where both entities will retain their not-for-profit status post affiliation. The bill corrects language in the Act that on its face requires the same result for any not-for-profit entity or charity that decides to dispose of its reserves or control by charter change or otherwise, even if it is not a health care-related entity, and even if the change involves another not-for-profit entity. In the event of a Not-for-profit conversion, the bill requires an annual financial report to the Secretary of State. Also, this bill adds a new §6310 to Title 18 that ensures that change of control transactions involving Delaware health service corporations do not result in the dissipation or improper use of the reserves or surplus of such health service corporation.

   Additional Sponsors:  Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9608AAD0DD75B215852578B6005D042CWed, 28 Mar 2012 10:55:28 -0400Delaware - Signed Legislation
The act defines a new class of occupational license tax licensee for direct care workers and provides for the license fee of such direct care workers to be reduced if the gross receipts of such direct care workers for the 12 months, beginning July 1 and ending June 30, preceding the year of license application or renewal are less than $10,000.

   Additional Sponsors:  Sen. Blevins, & Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/42D4D26D65F3751A85257871005B79A9Wed, 16 May 2012 18:07:46 -0400Delaware - Signed Legislation
This bill clarifies that the duty of physicians and health care facilities to report under this paragraph is to report changes that result in the partial or full removal of a physician’s hospital privileges as the result of adverse events, unprofessional conduct or competency issues and not to report changes that enhance or add to the physician’s privileges.

   Additional Sponsors:  Rep. Schwartzkopf, & Sen. Blevins, & Sen. DeLuca
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C25AB54DAC5BD659852578A20061F6E5Tue, 10 Jan 2012 17:36:02 -0400Delaware - Signed Legislation
This bill clarifies the definition of “when children are present,” as used on signage indicating a reduced speed school zone, to ensure that the speed limitation is in effect at appropriate times. The revised definition would ensure that the speed restriction would be in effect at times during the school day, as well as before and after the school day, when children are physically present along the roadway.

   Additional Sponsors:  Reps. Mitchell, Scott
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/062F953D24F947E0852578A3004B35DETue, 10 Jan 2012 17:36:03 -0400Delaware - Signed Legislation
This Bill is a result of recommendations made by the Joint Sunset Committee following its review of the Child Placement Review Board. The Bill incorporates changes in language to more accurately reflect the purpose, powers and duties, and role of the Board, the Executive Committee and the Executive Director.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/468E24329ADADB07852578A90070B328Tue, 10 Jan 2012 17:36:03 -0400Delaware - Signed Legislation
This Bill implements recommendations made by the Joint Sunset Committee following its review of the Gaming Control Board. The Bill: 1) Changes the name of the Gaming Control Board to the Board of Charitable Gaming. 2) Gives the Board authority to regulate third party vendors to determine licensure suitability, to include a criminal background check similar to Texas Hold ‘Em dealers and proof of a valid Delaware business license. 3) Changes the member designation of the Board to include the State Lottery Office Director or his designee to bring knowledge and experience in matters of gaming and a member representing a non-profit/charitable organization. 4) Allows for the State Lottery Office to transfer funds to the Division of Professional Regulation to hire contractual investigators to conduct inspections and investigations. 5) Requires the Board to conduct public hearings pursuant to the Administrative Procedures Act for adopting regulations. 6) Clarifies the definition of “charitable gaming.” 7) Allows for members of the Board whose terms expire to continue to participate in meetings until replaced by the Governor.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AE2C581206BC6978852578A900779148Wed, 28 Mar 2012 11:08:08 -0400Delaware - Signed Legislation
This bill is the result of recommendations made by the Joint Sunset Committee and would clarify and extend the coverage of the Victims’ Compensation Assistance Program. It clarifies the criteria for reopening cases, and distinguishes cases where payments have been made from cases where claims were denied. It eliminates the limitation on child victims of sexual assault and abuse requiring that the perpetrator be an adult. The Agency is given discretion to allow claims not filed within one year, where barring such claims would be unreasonable. The exception to the requirement of a prompt police report is extended to domestic violence cases. Victims of federal crimes occurring in other jurisdictions who have a Delaware domicile are made eligible for compensation. The qualifying offenses involving motor vehicles are clarified and broadened to include all those involving the act of driving under the influence of alcohol or drugs, as well as Vehicular Homicide, Vehicular Assault, and Operation of a Motor Vehicle Causing Death. Those eligible victims who are totally disabled or sustain a permanent injury may receive compensation up to $50,000, eliminating the previous requirement of “permanent and total disability”.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/51A4F727E4216C7C852578A90075EBF5Wed, 18 Jan 2012 17:39:02 -0400Delaware - Signed Legislation
This Act will allow for a combined special license plate for Disabled American Veterans who are also eligible for a special license plate for persons with disabilities requiring parking accommodations. The Act also adopts the more common and recently recognized standard of certification by the United States Department of Veterans Affairs that an applicant meets the qualifications of being a service-connected Disabled American Veteran. Lastly, it amends current language to be consistent with the presumed passage of House Bill No. 91 that provides for the use of respectful language for those with disabilities. The Act would, for those of our veterans with disabilities who meet the criteria for both, allow the Division of Motor Vehicles to combine the processes of applying for a Disabled American Veteran license plate and applying for a parking placard or plate for persons with disabilities which limit or impair mobility. It will permit the addition of a section on the Disabled American Veteran’s license plate application that allows an applicant qualified for parking accommodation to apply for that accommodation at the same time as the Disabled American Veteran recognition. The result: a license plate that features the Disabled American Veteran designation and the universally-recognized symbol for those requiring special parking accommodations. This inclusion will allow the veteran to park in a person with disability’s space without having to go through the separate application process to receive a rearview mirror hang tag. Not only might this save the State resources, but it will also save our veterans with disabilities from an unnecessary inconvenience.

   Additional Sponsors:  Sen. Bunting, & Sen. Connor, Rep. Jaques, & Rep. Kenton
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/489E80A99DEA6758852578A900546F48Thu, 12 Jan 2012 09:15:34 -0400Delaware - Signed Legislation
This bill reapportions the 41 districts of the House of Representatives and the 21 districts of the Senate.

   Additional Sponsors:  Rep. Gilligan, & Rep. Longhurst, & Sen. DeLuca, & Sen. Blevins, & Sen. Henry

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/46A0D1ED0A822585852578B8007E04E4Tue, 03 Apr 2012 10:48:51 -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 sections amends § 18-102(3) of the Act to provide that a limited liability company may not register under a name that is not such as to distinguish it upon the records in the office of the Secretary of State from the name on such records of another domestic limited liability company, provided that a limited liability company registered as of July 31, 2011 under such a name need not amend its certificate of formation to comply with this subsection. Section 2. This section adds a new subsection (k) to § 18-104 of the Act providing that, in any certificate or other document filed with the Secretary of State, the address of the registered agent or registered office of the limited liability company must include the street, number, city and postal code. Section 3. This section designates all but the final sentence of § 18-203 of the Act as a new subsection (a), designates the final sentence of § 18-203 of the Act as a new subsection (c), and adds a new subsection (b) confirming that a certificate of correction may be filed to correct a certificate of cancellation that has been filed prior to the dissolution or the completion of winding up of a limited liability company. Section 4. This section amends § 18-206(b) of the Act to confirm that a certificate may be made effective at a date or time later than its filing as specified in the certificate and to provide, for filings made on or after January 1, 2012, that such later date or time shall not be later than a time on the 180th day after the filing date. Section 5. This section amends § 18-206 of the Act by adding a new subsection (g) to provide that there is no need for an amendment to a certificate of formation or any other document on file with the Secretary of State before August 1, 2011, to comply with new § 18-104(k) of the Act, but that any certificate or other document filed on or after August 1, 2011 and changing the address of a registered agent or registered office must comply with § 18-104(k) of the Act. Section 6. This section amends § 18-212 of the Act to clarify that the certificate of limited liability company domestication and the certificate of formation of a non-United States entity domesticating to Delaware as a Delaware limited liability company must be filed simultaneously in the office of the Secretary of State and, to the extent such certificates are to have a post-filing effective date or time, such certificates must provide for the same effective date or time. Section 7. This section amends § 18-214 of the Act to clarify that the certificate of conversion to limited liability company and the certificate of formation of an other entity converting to a Delaware limited liability company must be filed simultaneously in the office of the Secretary of State and, to the extent such certificates are to have a post-filing effective date or time, such certificates must provide for the same effective date or time. Section 8. This section amends § 18-302(d) of the Act to clarify the manner in which members of a limited liability company may take action without a meeting. Section 9. This section amends § 18-302(e) of the Act to adopt a rule different from the approach articulated in In re LJM2 Co-Investment, L.P. Limited Partners Litigation, 866 A.2d 762 (Del. Ch. 2004) with respect to the application of the type of amendment provision contained in the partnership agreement at issue in that case. This amendment provides that such amendment provisions only apply to provisions expressly included in the limited liability company agreement and do not apply to default voting provisions of the statute unless otherwise provided in the limited liability company agreement. This amendment is not intended to affect the interpretation of such amendment provisions as applied to provisions expressly included in the limited liability company agreement. Section 10. This section adds a new subsection (f) to § 18-302 of the Act to provide a default rule for the manner of amending a limited liability company agreement where the limited liability company agreement does not provide for the manner in which it may be amended. This subsection shall only apply to a limited liability company whose original certificate of formation was filed with the Secretary of State on or after January 1, 2012. Section 11. This section amends § 18-404(d) of the Act to clarify the manner in which managers of a limited liability company may take action without a meeting. Sections 12 and 14. These sections amend §§ 18-1105(a)(2) and (a)(7) of the Act to clarify that a registered agent filing a single certificate of resignation to resign from more than one limited liability company or foreign limited liability company must pay a $2.00 fee to the Secretary of State for each limited liability company or foreign limited liability company from which the registered agent is resigning. Sections 13 and 15. These sections amend §§ 18-1105(a)(3) and (a)(11) of the Act to clarify the type of instrument to be filed by a limited liability company that changes only the registered office or registered agent of the limited liability company for a fee of $50. Section 16. This section provides that the proposed amendments of the Act shall become effective August 1, 2011.

   Additional Sponsors:  Rep. George

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C8B65463FD73F79085257885005FC8F0Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
Section 1. This Section amends Section 102 to give the Division of Corporations the discretion to waive the requirement that a corporation’s name contain certain words or abbreviations thereof (such as “incorporated”), if the corporation is both a nonprofit nonstock corporation and an association of professionals. Sections 2 and 16 through 19. These sections amend Sections 102 and 395 to give the Director of the Division of Corporations and the State Bank Commissioner the discretion to waive certain requirements and restrictions that apply when a corporation has the word “trust” in its name, provided that the use of the word “trust” is clearly not purporting to refer to a trust business. Section 2 also includes in § 102(a)(1) the restriction on the use of the word “trust” in a corporation’s name so that all statutory name restrictions in Title 8 of the Code are referred to in that section. Sections 16, 17 and 18 also update the statutory reference to the Savings and Loan Holding Company Act, which was moved to section 10 of the Home Owners’ Loan Act. Section 3. This Section amends Section 102 to clarify that, in a certificate of incorporation filed with the Secretary of State, the address of the registered office of the corporation in Delaware must be stated in accordance with Section 131(c). Section 4. This Section amends Section 103 to provide that it is not necessary for a Delaware corporation to amend its certificate of incorporation, or any other document, that has been filed with the Secretary of State prior to August 1, 2011, to comply with new Section 131(c), but that any certificate or other document filed on or after August 1, 2011 and changing the address of a registered office must comply with Section 131(c). Section 5. This Section adds a new subsection (c) to Section 131 providing that, in any certificate of incorporation or other document filed with the Secretary of State, the address of the registered office of the corporation must include the street, number, city, county and postal code. Section 6. The amendment to Section 145(f) clarifies that a right to indemnification or advancement of expenses under a provision of a certificate of incorporation or bylaw cannot be eliminated or impaired by an amendment to the certificate of incorporation or the bylaws after the occurrence of the act or omission to which indemnification or advancement of expenses relates, unless the provision contains, at the time of the act or omission, an explicit authorization of such elimination or limitation. Section 7. This Section amends Section 265 to clarify that the certificate of conversion to corporation and the certificate of incorporation of another entity converting to a Delaware corporation must be filed simultaneously in the office of the Secretary of State and, to the extent such certificates are to have a post-filing effective date or time, such certificates must provide for the same effective date or time. Sections 8 and 9. These Sections amend Section 277 to clarify that before a corporation is dissolved, merged, transferred (without continuing its existence as a Delaware corporation) or converted under Title 8 of the Delaware Code, such corporation must pay all franchise taxes due to or assessable by the State including all franchise taxes due or which would be due or assessable for the entire calendar month during which such dissolution, merger, transfer or conversion becomes effective and such corporation must file all annual franchise tax reports including a final annual franchise tax report for the year in which such dissolution, merger, transfer or conversion becomes effective. Notwithstanding the foregoing, if the Secretary of State certifies that an instrument to affect a dissolution, merger, transfer or conversion has been filed in the Secretary of State’s office, such corporation shall be dissolved, merged, transferred or converted at the effective time of such instrument. Sections 10 through 12. The amendments to Section 313 are intended to conform Section 313 to Section 501(b) which was amended in 2010 to adopt the definition of “exempt corporation” for those corporations not subject to paying franchise taxes. Section 13. This Section amends Section 374 to clarify that, in an annual report of a foreign corporation filed with the Secretary of State, the address of the registered office of the foreign corporation in Delaware must be stated in accordance with new Section 131(c). Section 14. This Section amends Section 388 to clarify that the certificate of corporate domestication and the certificate of incorporation of a non-United States entity domesticating to Delaware as a Delaware corporation must be filed simultaneously with the Secretary of State and, to the extent such certificates are to have a post-filing effective date or time, such certificates must provide for the same effective date or time. Section 15. The amendments to Section 391 are intended to conform Section 391 to Section 501(b) which was amended in 2010 to adopt the definition of “exempt corporation” for those corporations not subject to paying franchise taxes. Sections 20 and 21. These Sections amend Section 501 to clarify that captive insurance companies licensed under chapter 69 of Title 18 are not required to pay annual franchise taxes and to clarify that the definition of “exempt corporation” includes a religious corporation or purely charitable or educational association, and a company, association or society, which, by its certificate of incorporation, has for its object the assistance of sick, needy or disabled members, or the defraying of funeral expenses of deceased members, or to provide for the wants of the widows and families after death of its members. Section 22. This Section provides for an effective date for the amendments of August 1, 2011.

   Additional Sponsors:  Rep. George

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E1628BBCDA0586F385257885005D331CTue, 10 Jan 2012 17:36:00 -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 § 15-105(h) of the Act to provide, for filings made on or after January 1, 2012, that the future effective date or time specified in a statement or certificate shall not be later than a time on the 180th day after the filing date. Section 2. This section amends § 15-105 of the Act by adding a new subsection (l) to provide that there is no need for an amendment to a statement of partnership existence, statement of qualification, statement of foreign qualification, or any other document on file with the Secretary of State before August 1, 2011, to comply with new § 15-111(k) of the Act, but that any statement or other document filed on or after August 1, 2011 and changing the address of a registered agent or registered office must comply with § 15-111(k) of the Act. Sections 3, 10 and 12. These sections amend §§ 15-105, 15-902 and 15-1001 of the Act to clarify certain matters relating to cancellation of a statement of partnership existence and cancellation of a statement of qualification, including that separate certificates of cancellation must be filed with the Secretary of State to cancel a statement of partnership existence and a statement of qualification, respectively. Section 4. This section amends § 15-108(c) of the Act to provide that a domestic partnership may not register under a name that is not such as to distinguish it upon the records in the office of the Secretary of State from the name on such records of another domestic partnership, provided that a domestic partnership registered as of July 31, 2011 under such a name need not amend its statement of partnership existence or statement of qualification to comply with this subsection. Section 5. This section adds a new subsection (k) to § 15-111 of the Act providing that, in any statement or other document filed with the Secretary of State, the address of the registered agent or registered office of the partnership must include the street, number, city and postal code. Section 6. This section amends § 15-306(c) of the Act to confirm that a partner of a limited liability partnership is not personally liable for liabilities arising out of circumstances or events occurring while the partnership is a limited liability partnership. Section 7. This section amends § 15-407(d) of the Act to clarify the manner in which partners of a partnership may take action without a meeting. Section 8. This section amends § 15-407(e) of the Act to adopt a rule different from the approach articulated in In re LJM2 Co-Investment, L.P. Limited Partners Litigation, 866 A.2d 762 (Del. Ch. 2004) with respect to the application of the type of amendment provision contained in the partnership agreement at issue in that case. This amendment provides that such amendment provisions only apply to provisions expressly included in the partnership agreement and do not apply to default voting provisions of the statute unless otherwise provided in the partnership agreement. This amendment is not intended to affect the interpretation of such amendment provisions as applied to provisions expressly included in the partnership agreement. Section 9. This section amends § 15-901 of the Act to clarify that the certificate of conversion to partnership, the statement of partnership and, as applicable, the statement of qualification of an other entity converting to a Delaware partnership or limited liability partnership must be filed simultaneously with the Secretary of State and, to the extent such certificate and statements are to have a post-filing effective date or time, such certificate and statements must provide for the same effective date or time. Section 11. This section amends § 15-904 of the Act to clarify that the certificate of partnership domestication and the statement of partnership existence of a non-United States entity domesticating to Delaware as a Delaware partnership must be filed simultaneously with the Secretary of State and, to the extent such certificate and statement are to have a post-filing effective date or time, such certificate and statement must provide for the same effective date or time. Section 13. This section amends § 15-1207 of the Act to clarify that a registered agent filing a single certificate of resignation to resign from more than one partnership must pay a $2.00 fee to the Secretary of State for each partnership from which the registered agent is resigning. Section 14. This section amends § 15-1207(a)(10) of the Act to provide a $50 filing fee for an instrument submitted by a partnership that changes only the registered office or registered agent of the partnership. Section 15. This section provides that the proposed amendments of the Act shall become effective August 1, 2011.

   Additional Sponsors:  Rep. George

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E8CCD4578546B71785257885005DADEETue, 15 May 2012 18:13:55 -0400Delaware - Signed Legislation
In 78 Del. Laws Chapter 1, certain intermediate transactions engaged in by petroleum product refiners with specialized trade parties during the petroleum refining process were exempted from the Gross Receipts Tax. This Act clarifies that sales of all feedstock petroleum products would be exempted, not just the sale of crude oil. It is anticipated that these changes will not cause a decrease in the Gross Receipts Tax.

   Additional Sponsors:  Sen. Ennis, Reps. Bennett, Carson, Gilligan, Hocker, Jaques, Osienski

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/99D17CC65D8FACDA8525789A00523C3DTue, 13 Mar 2012 17:50:08 -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 § 17-102(3) of the Act to provide that a limited partnership may not register under a name that is not such as to distinguish it upon the records in the office of the Secretary of State from the name on such records of another domestic limited partnership, provided that a limited partnership registered as of July 31, 2011 under such a name need not amend its certificate of limited partnership to comply with this subsection. Section 2. This section adds a new subsection (k) to § 17-104 of the Act providing that, in any certificate or other document filed with the Secretary of State, the address of the registered agent or registered office of the partnership must include the street, number, city and postal code. Section 3. This section designates all but the final sentence of § 17-203 of the Act as a new subsection (a), designates the final sentence of § 17-203 of the Act as a new subsection (c), and adds a new subsection (b) confirming that a certificate of correction may be filed to correct a certificate of cancellation that has been filed prior to the dissolution or the completion of winding up of a limited partnership. Section 4. This section amends § 17-206(b) of the Act to confirm that a certificate may be made effective at a date or time later than its filing as specified in the certificate and to provide, for filings made on or after January 1, 2012, that such later date or time shall not be later than a time on the 180th day after the filing date. Section 5. This section amends § 17-206 of the Act by adding a new subsection (f) to provide that there is no need for an amendment to a certificate of limited partnership, application for registration as a foreign limited partnership, or any other document on file with the Secretary of State before August 1, 2011, to comply with new § 17-104(k) of the Act, but that any certificate or other document filed on or after August 1, 2011 and changing the address of a registered agent or registered office must comply with § 17-104(k) of the Act. Section 6. This section amends § 17-215 of the Act to clarify that the certificate of limited partnership domestication and the certificate of limited partnership of a non-United States entity domesticating to Delaware as a Delaware limited partnership must be filed simultaneously in the office of the Secretary of State and, to the extent such certificates are to have a post-filing effective date or time, such certificates must provide for the same effective date or time. Section 7. This section amends § 17-217 of the Act to clarify that the certificate of conversion to limited partnership, the certificate of limited partnership and, as applicable, the statement of qualification of an other entity converting to a Delaware limited partnership or limited liability limited partnership must be filed simultaneously in the office of the Secretary of State and, to the extent such certificates and, as applicable, such statement are to have a post-filing effective date or time, such certificates and, as applicable, such statement must provide for the same effective date or time. Section 8. This section amends § 17-302(e) of the Act to clarify the manner in which limited partners of a limited partnership may take action without a meeting. Section 9. This section amends § 17-302(f) of the Act to adopt a rule different from the approach articulated in In re LJM2 Co-Investment, L.P. Limited Partners Litigation, 866 A.2d 762 (Del. Ch. 2004) with respect to the application of the type of amendment provision contained in the partnership agreement at issue in that case. This amendment provides that such amendment provisions only apply to provisions expressly included in the partnership agreement and do not apply to default voting provisions of the statute unless otherwise provided in the partnership agreement. This amendment is not intended to affect the interpretation of such amendment provisions as applied to provisions expressly included in the partnership agreement. Section 10. This section amends § 17-405(d) of the Act to clarify the manner in which general partners of a limited partnership may take action without a meeting. Sections 11 and 13. These sections amend §§ 17-1107(a)(2) and (a)(7) of the Act to clarify that a registered agent filing a single certificate of resignation to resign from more than one limited partnership or foreign limited partnership must pay a $2.00 fee to the Secretary of State for each limited partnership or foreign limited partnership from which the registered agent is resigning. Sections 12 and 14. These sections amend §§ 17-1107(a)(3) and (a)(11) of the Act to provide a $50 filing fee for an instrument submitted by a limited partnership or foreign limited partnership that changes only the registered office or registered agent of the limited partnership or foreign limited partnership. Section 15. This section provides that the proposed amendments of the Act shall become effective August 1, 2011.

   Additional Sponsors:  Rep. George

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/04D5D98A6D66F34D852578A1005CD051Wed, 16 May 2012 18:07:45 -0400Delaware - Signed Legislation
This Act eliminates the sunset provisions of the Delaware Hazardous Substance Cleanup Act. The Hazardous Substance Cleanup Act was enacted by the General Assembly in 1990 and re-authorized in 2000. During its time, the Act has enabled the Department of Natural Resources and Environmental Control to assist with the clean-up of 21 federal Superfund sites and 204 state-led sites, contribute to the revitalization of 155 Brownfield properties, and close 187 leaking underground storage tank locations. The Act also supports emergency response efforts for hazardous chemical spills. This Act removes the sunset provisions relating to the Act. The ten-year sunset provisions for the financing of the Hazardous Substance Cleanup Fund would be retained with a new sunset date in 2022. In addition, the exemption for transactions among petroleum wholesalers enacted in 2007, which is currently scheduled to expire on January 1, 2015, would be extended indefinitely.

   Additional Sponsors:  Rep. Keeley, & Sen. McBride
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/401223C3CAF84415852578A3005B2C4DTue, 10 Jan 2012 17:36:03 -0400Delaware - Signed Legislation
This Bill allows the energy output from fuel cells manufactured in Delaware that can run on renewable fuels to be an eligible resource to fulfill a portion of the requirements for a Commission-regulated utility under the Renewable Portfolio Standards Act. In addition, this Bill makes Delmarva Power & Light responsible for the RPS obligations of all its customers, and creates a process to assure that any supplier contracts in place are grandfathered through the transition. Finally, this Bill creates a regulatory framework by which the Delaware Public Service Commission will review a Tariff to be filed by Delmarva deploying Delaware-manufactured fuel cells as part of a 30MW project. In determining whether to approve or deny the Tariff, the Commission shall among other factors, consider the incremental cost of the fuel cell project to customers, taking into consideration whether the project utilizes innovative baseload technologies, offers environmental benefits to the state relative to conventional baseload generation, enhances economic development in the State, and promotes price stability over the project term.

   Additional Sponsors:  Rep. Gilligan
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B8AEC0E2053460A4852578AF00590FA3Tue, 10 Jan 2012 17:38:52 -0400Delaware - Signed Legislation
This Act continues, without sunsetting, the needle exchange program. This Act directs the Director of the Division of Public Health to maintain a sterile needle and syringe program to help prevent the spread of AIDS and other diseases. The program would offer HIV testing, health counseling and information on substance abuse treatment. The goal of the program would be to use a multi-faceted approach to reducing the spread of AIDS and other diseases in Delaware by encouraging drug addicts to seek treatment for their addiction, educating program participants on the dangers of contracting AIDS through needle use, and providing access to sterile needles.

   Additional Sponsors:  Rep. Keeley
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9A3D53E8E4F95A9C85257815006BAA05Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This Bill will exempt from public carrier regulation those school bus operators that also provide charter bus activities for non-school related activities through the year to supplement their operations

   Additional Sponsors:  Sen. Marshall

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/92A82ECF00386D148525784000764FBATue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This legislation waives the annual blind site fee for hunters on youth hunting days.

   Additional Sponsors:  Rep. Q. Johnson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6E814649F797ECAB85257862005536B7Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This Bill expands the permissible use of traffic signal preemption devices to permit emergency vehicles to return into fire stations.

   Additional Sponsors:  Rep. Mitchell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BBAA82AFABB45EDA8525785D005EB09BThu, 12 Jan 2012 16:15:53 -0400Delaware - Signed Legislation
This bill would require bills and amendments to show the changes to the statutes or to the bill in the context of the section or paragraph by using strikeouts for deleting and underscores for inserting.

   Additional Sponsors:  Rep. Bennett, & Rep. Schooley
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2B6ABD110DF00BC8852578690062B572Tue, 13 Mar 2012 17:49:54 -0400Delaware - Signed Legislation
This bill enables the State of Delaware to adopt the medical certification requirements as part of its Commercial Drivers License (“CDL”) issuance program beginning January 30, 2012, as required by the Federal Motor Carrier Safety Administration (FMCSA). Passage of this bill will enable Delaware to remain in compliance with federal law and avoid the loss of federal highway funds. By incorporating these requirements into Delaware law, CDL holders will provide DMV with documentation confirming they are medically qualified to safely operate a commercial motor vehicle. In the past a CDL holder’s employer monitored this information.

   Additional Sponsors:  Sen. Marshall

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F311B0500A2D40ED8525785B0061D370Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This Bill amends the municipal charter of the Town of Bethany Beach regarding the distance from the town within which the Alderman must reside by requiring Alderman to live in Sussex County, Delaware.

   Additional Sponsors:  Rep. Hocker

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/8C3C7318829987F085257848005B22F5Tue, 03 Apr 2012 17:00:31 -0400Delaware - Signed Legislation
This Act is necessary to remedy issues relating to the interpretation of certain escheatable “property” and the timing that such “property” escheats, as addressed by the Delaware Supreme Court in A.W. Financial Services, S.A. v. Empire Resources, Inc., 981 A.2d 1114 (2009). In particular, this Act is necessary to clarify that property that is explicitly named in and escheats pursuant to § 1203(b), Title 12, such as certificated and uncertificated securities, is not subject to interpretation under § 1203(a), Title 12. This Act remedies confusion that exists as a result of the current statutory construction of § 1203(a) and § 1203(b), Title 12 which, when read literally, arguably would allow certain property to be interpreted as “property” for purposes of both § 1203(a) and § 1203(b), Title 12. More to the point, in certain cases, a legal argument can be made that § 1203(a) and § 1203(b) apply contemporaneously to the same set of facts. This amendment eliminates such a nonsensical result by making clear that subsections (a) and (b) are mutually-exclusive, whereby the application of subsection (a) is to the exclusion of subsection (b), and vice versa.

   Additional Sponsors:  Sen. Blevins

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/33C824E0F276CD8B852578620066615BTue, 03 Apr 2012 17:00:31 -0400Delaware - Signed Legislation
This Act authorizes the Court to order a party to designate a minor child or children covered under a support order as a beneficiary on any of the parties' existing life insurance policies for the duration of a support order.  The designation may be exclusive or non-exclusive, as determined by the Court. The effect of this Act is that the designated child or children will receive support by way of proceeds from the life insurance policy if a party predeceases the child or children.

   Additional Sponsors:  Sen. Blevins, Reps. Barbieri, Heffernan, Hudson, Kowalko, Mitchell, Sens. Ennis, Hall-Long, Simpson, Venables

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/393D55925C3EDB348525789A006F99F5Wed, 09 May 2012 17:41:26 -0400Delaware - Signed Legislation
This bill allows for a person’s spouse to file a complaint concerning unsafe or unsanitary conditions at facilities where invasive medical procedures are performed. The Bill gives the Department of Health and Social Services the authority to require accreditation for medical facilities that perform invasive medical procedures. It also gives DHSS the authority to promulgate regulations for accreditation. The Bill requires that DHSS work with stakeholders in the development of the regulations and it outlines who those stakeholders should be. Finally, the Bill prohibits individuals licensed under Chapters 5, 11 and 17 of Title 24 from working in any facility where invasive medical procedures are performed unless the facility is licensed or accredited.

   Additional Sponsors:  Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9E910E20861176F98525789B0058205FThu, 29 Mar 2012 09:10:43 -0400Delaware - Signed Legislation
This Act allows rules, regulations, and guidelines to be developed which would authorize new motor vehicle dealers to inspect motor vehicles, 5 model years old or newer, and owned by that dealership. The inspections will only relate to safety and the vehicle identification number (VIN). This authorization does not relate to emissions inspections, which are not currently required for models 5 years old or newer. Emissions testing is done by the State of Delaware. This Act would allow, by a reduction in volume, increased customer service and provide shorter wait times for others at designated inspection locations.

   Additional Sponsors:  Viola, & Sen. McDowell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/8F2888562571D53B8525788D00628553Tue, 13 Mar 2012 17:50:09 -0400Delaware - Signed Legislation
This bill would grant bailiffs, judicial assistants and court security officers powers incident to a peace officer exercisable in any courthouse or property maintained or used as a courthouse within the state.

   Additional Sponsors:  Rep. George
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/53143BDF19B7E1AC8525788E006A70D6Tue, 13 Mar 2012 17:50:04 -0400Delaware - Signed Legislation
This House Joint Resolution establishes a Communications Tax Review Group to study and make recommendations for improving Delaware's taxes and fees applicable to communications providers.

   Additional Sponsors:  Rep. Viola, & Sen. McDowell, & Sen. DeLuca
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/97C918640A6CE4EC852578A900693748Wed, 28 Mar 2012 11:10:42 -0400Delaware - Signed Legislation
This Act establishes a State income tax exemption for interest earned on bonds and notes issued by the Sustainable Energy Utility.

   Additional Sponsors:  Rep. Brady
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4AC517B5193A4DFA852578AF00526677Tue, 10 Jan 2012 17:36:02 -0400Delaware - Signed Legislation
This bill clarifies the process by which the state shall review and certify county and municipal comprehensive plans. It also corrects several inconsistencies in the Code that have been created over the years as the state’s land use laws have changed and evolved. The bill would eliminate the Governor’s Advisory Council on Planning Coordination and transfer its responsibilities to the Cabinet Committee on State Planning Issues and the Office of State Planning Coordination. In addition, the bill would (1) change to July 1 the deadline by which counties and municipalities must provide annual reports to OSPC, so that information can be included in the Cabinet Committee’s annual report prepared in October; (2) permit (but not require) the Cabinet Committee to develop guidelines for such annual reports; (3) authorize the Cabinet Committee to extend the deadline for counties and municipalities to submit comprehensive plans; and (4) explicitly authorizes OSPC to prepare the State Strategies for Policies and Spending document and maps.

   Additional Sponsors:  Reps. Carson, Brady
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/8D6A1306EBFDCE9C852578A8005C36B0Tue, 10 Jan 2012 17:36:02 -0400Delaware - Signed Legislation
This Bill authorizes any board, commission, committee or council listed in Section 8735(a) of Title 29 to delegate to the Director of the Division of Professional Regulation, or a designee, the administrative authority to issue permits and licenses to individuals and organizations in accordance with written criteria agreed upon by any such body and the Director. The Bill will render the issuance of permits and licenses more efficient, will retain control over licensed professions and activities in the entities authorized to regulate them, and is consistent with authority granted previously to the Director with regard to bingo and charitable gambling events.

   Additional Sponsors:  Rep. Kowalko
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BA426E6795C5ADE0852578A300670197Tue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This bill transfers from the Public Service Commission to the Water Supply Coordinating Council the authority to review and approve water conservation plans and certifications of adequate water supply submitted by the investor-owned water utilities. The Council presently reviews such submissions from municipally-owned water utilities, and the Council has the expertise to review submissions from investor-owned utilities efficiently and at less expense to rate payers.

   Additional Sponsors:  Rep. Bennett, & Sen. Hall-Long
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D2A11F389D31BB698525787200586B29Wed, 28 Mar 2012 10:48:14 -0400Delaware - Signed Legislation
This Act reduces the general public utility tax rate on electricity and gas from 5.00% to 4.25%. The Act also reduces the rate on electricity and gas distributed to manufacturers, food processors and other agribusinesses from 2.35% to 2.00%. The Act also transfers the first $5 million in proceeds generated by the public utility tax to the new Energy Efficiency Investment Fund, which will be used to finance energy efficiency projects that will reduce overall energy use and create jobs.

   Additional Sponsors:  Rep. Schwartzkopf, & Rep. Longhurst, & Sen. DeLuca, Reps. Atkins, Barbieri, Bennett, Bolden, Brady, Carson, George, Heffernan, Hocker, Hudson, Jaques, J. Johnson, Q. Johnson, Keeley, Kenton, Kowalko, Lee, Manolakos, Mitchell, Miro, Mulrooney, Outten, Osienski, Ramone, Schooley, Scott, D. Short, B. Short, Viola, Walker, D.E. Williams, D.P. Williams, Wilson, Sens. Blevins, Bonini, Booth, Bushweller, Hall-Long, Henry, Katz, Simpson, Sokola, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/8220F21CD1E7E4ED8525788D006017AEWed, 28 Mar 2012 10:54:22 -0400Delaware - Signed Legislation
This Act provides a gross receipts tax cut to all taxpayers by: (a) cutting rates across-the-board by 3% and (b) increasing by 25% the monthly and quarterly exclusion levels for all business categories. It clarifies the rate reduction scheduled to take effect in 2014 and it restores full funding for the Hazardous Substance Clean-up program two-years earlier than originally planned. Section 1 of this Act stipulates that the tax rates currently in effect will remain in effect only until the end of 2011. It also clarifies the intention of the General Assembly that the rates of tax in place from 2010 to 2013 will be replaced for periods beginning on and after January 1, 2014, with the tax rates that were in place in 2009. Sections 2 and 3 of this Act reinstate full funding of the Hazardous Substance Clean-up program in FY 2012 instead of FY 2014. Sections 4 through 7 correct incorrect cross references in the Occupational License Tax. Sections 8 through 30 increase the monthly exclusion from taxable gross receipts in the various gross receipts taxes. The increased exclusion is generally increased from $80,000 to $100,000 per month and from $240,000 to $300,000 per quarter, except for certain manufacturing taxes, in which the exclusion is increased from $1 million per month to $1.25 million per month and from $3 million per quarter to $3.75 million per quarter. Sections 31 – 47 cut rates across-the-board by 3%.

   Additional Sponsors:  Rep. Gilligan, & Rep. Schwartzkopf, & Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/96CEDAE5DFB1F62C8525788D005EECFCThu, 15 Mar 2012 14:14:44 -0400Delaware - Signed Legislation
This Act reduces from 6.95% to 6.75% the personal income tax rate on taxable income in excess of $60,000. The Act also maintains the 2014 sunset, which returns the top rate to 5.95%.

   Additional Sponsors:  Rep. Gilligan, & Rep. Longhurst, & Sen. Henry, Reps. Atkins, Barbieri, Bennett, Bolden, Brady, Carson, George, Heffernan, Hocker, Hudson, Jaques, J. Johnson, Q. Johnson, Lavelle, Lee, Miro, Mitchell, Mulrooney, Osienski, Peterman, Ramone, Schooley, Scott, B. Short, D. Short, Viola, Walker, D.E. Williams, D.P. Williams, Willis, Sens. Bonini, Booth, Bushweller, Sokola, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BD18D382CD10F3818525788D005F8AFAWed, 25 Jan 2012 17:44:35 -0400Delaware - Signed Legislation
This bill rewrites the City of Harrington Charter to do the following: Clarify the powers section of the charter. Removes the specific election district descriptions from the Charter by specifying the district maps are held in City Hall and the boundaries are as declared as recorded on the official map. Eliminates the requirement that nomination of candidates requires 10 signatures on a petition. Eliminates certain election law provisions since State law now covers municipal elections. Requires the City to use Kent County Tax Assessments unless the City Council makes its own independent assessment. Eliminates early tax payment discounts. Eliminates non-binding referendum. Allows City to issue a new tax bill if property is improved after the initial assessment was made and billed. Other provisions of the current Charter remain unchanged.

   Additional Sponsors:  Sen. Bonini

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C922136C237B39608525788C00586A4BWed, 28 Mar 2012 11:15:01 -0400Delaware - Signed Legislation
In an effort to encourage job creation and economic investment in Delaware, this Act amends the Delaware Bank Franchise Tax. This Act increases the incentive for major financial institutions to locate their charters and operations in Delaware by lowering the location benefit tax paid by banks that elect into the alternative bank franchise tax. This Act encourages job creation and retention by creating a 10-year tax credit for banking organizations that add 200 or more jobs after 2011

   Additional Sponsors:  Rep. Gilligan
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/CD3DFFEE503B11CD8525788D005F953ATue, 13 Mar 2012 17:50:10 -0400Delaware - Signed Legislation
The Sheriff’s Office is no longer located in Kent County Courthouse. This Bill permits Sheriff sales to be conducted at the Sheriff’s Office.

   Additional Sponsors:  Rep. Carson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2A9AEB8ED02EB040852578A80062E1DETue, 01 May 2012 18:00:45 -0400Delaware - Signed Legislation

   Additional Sponsors:  Sen. McDowell

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0CD9D2A4B21D5A0C852578A2006AF26ETue, 13 Mar 2012 17:50:04 -0400Delaware - Signed Legislation
This Resolution provides the official revenue, refund unencumbered funds estimates for Fiscal Year 2011.

   Additional Sponsors:  Sen. McDowell

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A774F921875BC18A852578A400684F3DWed, 16 May 2012 18:07:47 -0400Delaware - Signed Legislation
This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2012. Section 1 – Government Units and Senior Centers $20,582,465 Section 2 – Pass-throughs and Community Agencies $15,450,864 Section 3 – Fire Companies $ 4,898,511 Section 4 – Veterans Organizations $ 296,360 GRAND TOTAL $41,228,200

   Additional Sponsors:  Sen. McDowell

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0C6B1E18005FE8BC85257814006279A6Tue, 24 Jan 2012 14:18:43 -0400Delaware - Signed Legislation

   Additional Sponsors:  Rep. Keeley

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A8660565CC609DCE852578A2006DBECDTue, 13 Mar 2012 17:50:05 -0400Delaware - Signed Legislation
This resolution provides the official revenue, refund and unencumbered funds estimates for Fiscal Year 2012

   Additional Sponsors:  Sen. McDowell

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/9BE44AD247279B1C852578BD007A9F4BTue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This bill protects the health of young children by prohibiting the chemical bisphenol-A in certain children’s products such as bottles, cups, and other containers used for food or beverages. Bisphenol-A, or BPA is a chemical used to help harden plastic and is found in many plastic food storage containers. BPA is a known hormone disruptor. Tests have shown that trace amounts leach out of the containers and into foods and liquids. BPA-free products exist. This legislation is modeled after similar legislation in Minnesota and seven other states.

   Additional Sponsors:  Reps. Walker, Ramone, Longhurst, Schooley, Bennett
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C221BB5889EBA7D1852578630071607BThu, 12 Jan 2012 16:15:54 -0400Delaware - Signed Legislation
This Bill specifically authorizes Michelle Smith and Stephanie Calloway’s memorial signage at the locations of their deaths to commemorate their service and the tragic loss of their lives while serving in the line of duty. It also authorizes future placement of such signs for emergency personnel killed along roadways in the line of duty.

   Additional Sponsors:  Sen. Lawson, & Rep. Jaques, & Rep. Mitchell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4D738737AC68131385257869006AB80CTue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This bill adds synthetic cannabinoids, commonly known as “Spice,” “K2,” “Genie,” “Yucatan Fire,” “Sence,” “Smoke,” “Skunk,” and “Zohai,” to Schedule I controlled substances. The bill defines “synthetic cannabinoid.” Chapter 47 of Title 16 lists various controlled substance schedules and uses these schedules in describing various offenses and penalties. “At least 10 states outlawed synthetic cannabinoids this year,” according to the October/November 2010 issue of “State Legislatures.” The magazine also says that the drug “produces a high similar to marijuana and is sold in local convenience stores and over the Web.”

   Additional Sponsors:  Sen. Peterson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/CB50A9D129AF61988525781D005BCA4AThu, 03 May 2012 17:23:39 -0400Delaware - Signed Legislation
This bill provides exclusive jurisdiction to a Justice of the Peace Court in a county where the lienholder’s business establishment is located and, if the lienholder’s business establishment is located in more than one county, to the Justice of the Peace Court in the county where the property at issue is, or most recently was, located. The bill also removes the specific form number for the disposition of proceeds and permits the Court to designate a form for that purpose. Additionally, the bill clarifies that this chapter applies to both actions in replevin and in detinue, and removes a reference to Justice of the Peace Court No. 5, which is no longer operational. Finally, this bill provides a method to transfer to Superior Court of replevin actions where a party requests a jury trial, and authorizes Superior Court to adopt rules to effectuate this chapter. The provision regarding transfer addresses a Superior Court decision declaring the exclusive jurisdiction granted to the Justice of the Peace Court in replevin actions unconstitutional due to denial of the right to a jury trial. This Act provides that the constitutional right to a jury trial will be provided through transfer to Superior Court.

   Additional Sponsors:  Rep. J. Johnson, & Rep. Walker, & Sen. Blevins, Reps. Carson, Hocker, Hudson, Willis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AFA887E10BECA61E8525781E0077BE59Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This Act amends the contract nonrenewal procedures and hearing procedures for Department of Education employees. For employees who have a right to a hearing upon contract nonrenewal or termination, the Delaware Code currently imposes no deadline for the employee to seek that hearing. This Act would impose a time limitation on the employee to seek a hearing within 15 days after receipt of notice of nonrenewal or termination to ensure that such hearings can be conducted in a timely fashion and before an employee’s contract expires. The Act also revises the notice period for nonrenewal of contracts from six months to four months to ensure that a non-renewed employee does not serve for a two-month period beyond the term of their contract and into a new fiscal year.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/CA07F8DB9AE080CB8525786300527279Wed, 14 Mar 2012 17:25:29 -0400Delaware - Signed Legislation
This bill adopts the Uniform Foreign-Country Money Judgments Recognition Act (“UFCMJRA”), promulgated by the Uniform Law Commission in 2005. UFCMJRA is intended to update the Uniform Foreign Money Judgments Recognition Act of 1962 (“1962 Act”), which Delaware had previously adopted. UFCMJRA builds upon the established principles of the 1962 Act in a necessary upgrade for the 21st Century and establishes clear and uniform standards under which state courts will enforce the foreign-country money judgments that come within its scope. This bill advances these goals by several means. First, the bill provides simple court procedures for the enforcement of foreign-country money judgments. Second, the bill corrects and clarifies gaps in the 1962 Act revealed in the case law over the last 40 years. Third, the bill addresses burdens of proof for the first time, providing that a petitioner for recognition has the burden of proving a judgment is entitled to recognition under the standards of the bill, and that any respondent resisting recognition and enforcement has the burden of proof respecting denial of recognition. Fourth, the bill revises the grounds for denying recognition of foreign-country money judgments. Fifth, the bill establishes a statute of limitations for recognition actions. Sixth, the bill updates and clarifies both the definitions and the scope section.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/373CBA68E295B87E852578860073594BWed, 14 Mar 2012 17:25:29 -0400Delaware - Signed Legislation
This Act would allow, but not require, retailers and importers (a.k.a. wholesalers) to donate alcoholic beverages to not-for-profit organizations if such organization has obtained a “gathering license” from the Commissioner. This Bill would also permit a gathering licensee to sell alcohol for consumption off the premises where the alcohol was sold so long as such sale is by means of a raffle or auction, live or silent, and the total amount of alcohol sold does not exceed 10 gallons in a single day. Many not-for-profit organizations would like to raise donations at their fundraisers by raffling or auctioning alcohol and also allow patrons to take the purchased alcohol off the premises, which is currently not permitted.

   Additional Sponsors:  Rep. B. Short, & Sen. Bunting, & Sen. McDowell
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D3745406B2DFDDAB85257857005E021AWed, 14 Mar 2012 17:25:29 -0400Delaware - Signed Legislation
These amendments task the Office of the Chief Medical Examiner with sending to the Domestic Violence Coordinating Council a monthly report of the homicides and suicides that occurred in Delaware, to better identify fatal incidents related to domestic violence and adds one additional chair to the Fatal Incident Review Team, increasing the number of co-chairs from two to three.

   Additional Sponsors:  Rep. Hudson, & Sen. Blevins, & Sen. Cloutier, & Sen. Sorenson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4AD97E4F3F0177688525785600744817Tue, 15 May 2012 18:13:55 -0400Delaware - Signed Legislation
Forty-eight (48) states have established brain injury advisory boards or councils to facilitate planning, assessment, and improved service coordination for brain injury survivors. Twenty-four (24) of the states, including New Jersey and Maryland, have established such boards or councils by statute. The formal establishment and active operation of an interdisciplinary state board or council is often a prerequisite for qualifying for federal brain injury funds. The Delaware State Council for Persons with Disabilities has informally maintained a 24-member brain injury committee since 2003. This bill would amend the Council’s enabling statute to confirm its status as the State’s primary brain injury council, clarify the role and membership of its brain injury committee, and enhance prospects for acquiring competitive grant funds.

   Additional Sponsors:  Sen. Henry, & Sen. Cloutier, Reps. Bennett, Carson, Heffernan, Hocker, Hudson, Keeley, Kowalko, Lavelle, Mitchell, Schooley, Walker, Willis, Sens. Blevins, Bonini, Booth, Bushweller, Hall-Long, Sokola, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B79D190EFF0F3C538525788E0068D3D9Tue, 13 Mar 2012 17:49:54 -0400Delaware - Signed Legislation
This bill is designed to update the Town of Viola Charter to conform with current practice and/or with State law regarding municipal elections. The bill (i) changes the method of selection for election judges (which correspond in State law to Election officers); (ii) provides that residents eighteen years old or older may vote in municipal elections; (iii) deletes an indicated deadline regarding filing of a statement of candidacy, in order to conform with State law, which requires that a Notice of Election, including names of candidates, must be posted no later than twenty days prior to an election, and (iv) provides that the governing body of the Town may, but is not required to, allow for the use of absentee ballots.

   Additional Sponsors:  Sen. Lawson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6DC68E15BB7AB4888525787300674218Tue, 24 Jan 2012 14:41:49 -0400Delaware - Signed Legislation
This Act will require insurers administering CHIP buy-in programs in other states to cause similar buy-in programs to be offered in Delaware if they should engage in specified transactions or affiliations with Delaware health service corporations.

   Additional Sponsors:  Rep. Schooley, & Rep. Keeley
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/09809C11CAB8D9A88525787000576BBDTue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This Act is intended to require all property and casualty insurance companies doing business in the State of Delaware to annually submit to the Department of Insurance the opinion of an appointed actuary entitled “Statement of Actuarial Opinion” along with other identified documentation.

   Additional Sponsors:  Rep. B. Short

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/33B80F337DD7459D85257869005824E0Tue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This legislation adds a new Section 1333 to Chapter 13, Investments. The new section provides additional investment flexibility to domestic insurers that are well capitalized by increasing the aggregate investment limitations contained in various sections of Chapter 13. This legislation applies to insurers having a Risk Based Capital (RBC) level greater than 400% of the RBC Authorized Control Level.

   Additional Sponsors:  Rep. B. Short

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/CDB314961E79664C85257869005DEAF4Tue, 10 Jan 2012 17:35:54 -0400Delaware - Signed Legislation
This Bill prohibits public schools, including charter schools, and school districts from making available or serving food with more than 0.5 gram of artificial trans fatty acids to students in grades K through 12.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2CD4EA3BFF35D9E7852577F9006102D4Tue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This Bill removes the prohibition against persons convicted of any drug felony from receiving federal food benefit assistance.

   Additional Sponsors:  Rep. Schooley
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/8BB5A13E02B088CD852578150068870ETue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This Bill amends and in some instances, adds, language to make uniform the individual courts’ various statutory provisions relating to judicial law clerks.

   Additional Sponsors:  Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/BA996CA8B968E5CA8525785D006DBAD6Wed, 28 Mar 2012 11:19:53 -0400Delaware - Signed Legislation
This Act improves and updates the State’s primary economic development tax incentive program. Specifically, the Act: 1) makes the program permanent by eliminating a sunset provision; 2) better delineates eligibility for tax relief by establishing a three-year application deadline; 3) boosts the program’s effectiveness by increasing the amount of the corporate or personal income tax credits; and 4) modernizes the program’s scope by including provisions specifically designed to attract manufacturers of advanced clean energy technology power generating devices and systems.

   Additional Sponsors:  Rep. Gilligan, & Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/50D477C22449938085257853006A07E9Tue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This bill allows for the transferring of certain shellfish licenses after completion of the apprenticeship program in §1920, Title 7 of the Delaware Code.

   Additional Sponsors:  Rep. Gilligan, & Rep. Bennett, & Sen. McBride
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A62D708B5529134885257815004A8898Tue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This bill provides that no new oyster harvesting licenses may be issued. The bill provides for a method to transfer current existing oyster harvesting licenses. The bill also provides that an oyster harvesting license expires on an annual basis. If a person does not renew an oyster harvesting license within one year of expiration of the license such person loses all rights to such license.

   Additional Sponsors:  Rep. Gilligan, & Rep. Bennett, & Sen. McBride
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F26A1531A009449285257815004D87D6Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This Bill allows the use of academic excellence units for funding for licensed athletic trainers in schools that are members of the Delaware Interscholastic Athletic Association. The use of the units for this purpose is discretionary.

   Additional Sponsors:  Rep. Ramone
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/64274017EE919D688525786400588689Tue, 10 Jan 2012 17:36:00 -0400Delaware - Signed Legislation
This Act eliminates the requirement that the Sussex County Administrator be a Sussex County resident at the time of his appointment. The law would still require that the Sussex County Administrator be a Sussex County resident when he actually starts as the Sussex County Administrator.

   Additional Sponsors:  Rep. Wilson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/07D68ACFA0E6C55F85257885005B028CTue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This Act makes changes to Delaware Code to reflect changes from the Delaware Student Testing program to the new state assessment system, including language changes removing the “DSTP” references and changes in test security because of the on line nature of the new Delaware Comprehensive Assessment (DCAS). In addition, it makes changes to simplify school accountability, including changing the number of school classification ratings from 5 to 3. This Act also removes references to items no longer relevant such as off grade annual assessments and extra time funding. In addition, the number of performance levels of the DCAS is 4 rather than 5.

   Additional Sponsors:  Rep. Schooley

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A9590B8C9266723D8525787200644C16Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This bill amends the Charter for the Town of Dewey Beach to clarify the process necessary for the Town Commissioners to borrow money and issue bonds for the 2011 Bayard Avenue Construction Project.

   Additional Sponsors:  Sen. Bunting

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/3309FBAF7795CBED852578630064A3F9Wed, 28 Mar 2012 11:00:50 -0400Delaware - Signed Legislation
This bill requires that all public meetings of the State Board of Education be digitally recorded and made available to the public on the Department of Education’s website within one business day. The recordings will not be considered the official Board minutes. Red Clay Consolidated School District has been, as of September 2010, providing the public with digital recordings of their Board public session meetings via the District’s website. The Christina School District School Board enacted a policy to provide digital recordings of their public session meetings and expects to be online in January 2011.

   Additional Sponsors:  Rep. Lavelle, & Rep. Hudson, & Sen. Katz, & Sen. Lawson, & Sen. Simpson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B48022DA4AEBA16D85257815005F9B0FWed, 02 May 2012 18:25:37 -0400Delaware - Signed Legislation
This Act proposes reforms for the Office of the Public Guardian in an effort to meet the increasing critical need for guardianship services in Delaware, and to meet the needs of those who have no one else to care for them. The key reforms of the Act are: The Act requires that the Public Guardian be an attorney who may represent the Office of the Public Guardian in matters before the Court of Chancery in addition to other duties. The Office must file hundreds of routine maintenance pleadings each year in addition to initial petitions for guardianship and other court pleadings, a task which may be done more efficiently and effectively by the Office of the Public Guardian where the Public Guardian is an attorney. It changes the appointing authority from the Chancellor to the Governor to remove the conflict of the Public Guardian appearing in the Court of Chancery while being supervised by the Chancellor. It expands the mission of the Office of the Public Guardian from a protective agency to an advocacy and protective agency. It establishes the Delaware Guardianship Commission as an advisory group to the Office of the Public Guardian to assist in creating appropriate policies and priorities for State Guardianship, and an advocacy group to assess the needs of the incapacitated citizens of Delaware and identify solutions to address those needs and protect the rights of these individuals. This Commission brings the stakeholders in the protection of the elderly and disabled together to work toward the betterment of that protective mission.

   Additional Sponsors:  Rep. George
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/2A1244C8046567F58525781E005C6A48Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
The Bill adjusts the limitation in the current law limiting a commissioner to no more than 3 consecutive terms. This Bill would give the Governor, President Pro Tempore, and Speaker authority to reappoint members to more than 3 consecutive terms if they feel it appropriate to take advantage of a member or members’ invaluable experience.

   Additional Sponsors:  Rep. Gilligan

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/7CD4EF669D996B508525785D00647E6FTue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This bill allows for the transfer of a commercial crab pot or crab dredger license more than one time, additionally, the bill allows for posthumous transfer of a license.

   Additional Sponsors:  Sen. DeLuca, Rep. Q. Johnson, & Rep. Bennett, & Rep. Gilligan
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0C1488B3D53F865985257863004A10E3Tue, 10 Jan 2012 17:35:59 -0400Delaware - Signed Legislation
This bill allows a person who has an oyster harvesting license to transfer an oyster harvesting tag to another person, who has an oyster harvesting license.

   Additional Sponsors:  Sen. DeLuca, Rep. Q. Johnson, & Rep. Gilligan, & Rep. Bennett
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1435373F3F7F11228525786900581463Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
Sections 1-10 and 12-79 of this bill modify provisions that allow the boards of Accountancy, Landscape Architecture, Architects, Podiatry, Chiropractic, Cosmetology & Barbering and Aestheticians, Dentistry and Dental Hygiene, Electrical Examiners, Medical Licensure and Discipline and advisory Councils for Respiratory Care , Genetic Counselors and Acupuncture, 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 Medicine, Psychology, Geology, Speech Pathologists, Audiologists, and Hearing Aid Dispensers, Clinical Social Work Examiners, Nursing Home Administrators, Massage and Bodywork and Manufactured Home Installation to grant a waiver of convictions determined to be substantially related to each respective practice. The bill changes the waiting period from 5 years after the discharge of all sentences to 5 years from the date of conviction for a felony provided that the applicant is not incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence. The applicant must also be in substantial compliance with all fines, restitution and community service. The bill removes the 5 year limitation for misdemeanors in its entirety provided that the applicant is not incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence. The applicant must also be in substantial compliance with all fines, restitution and community service. Section 11 of bill removes a sentence in §1122 of the Dentistry and Dental Hygiene statute that is no longer applicable due to the requirement for state and federal criminal background checks. Section 80 of the bill adds a provision to the Adult Entertainment statute that is required by the Federal Bureau of Investigation to obtain criminal background checks of adult entertainment licensees and employees in a manner consistent with other Title 24 boards and commissions.

   Additional Sponsors:  Rep. J. Johnson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/585179FC71FB61658525785D00551949Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This Act creates a tax check-off for Delaware taxpayers to designate contributions to the White Clay Creek Wild and Scenic River Preservation Fund, which is created by this Act to enhance water resource restoration and management programs within the White Clay Creek watershed, Delaware’s only federally designated wild and scenic river.

   Additional Sponsors:  Sen. Sorenson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0DCF6AC2B9123CEB8525781D0072654FTue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This legislation corrects the previous omission of research related to fishing harvest surveys from the list of purposes for which government agencies and DNREC scientists may use license information. That list already includes “research purposes involving hunting/trapping surveys.”

   Additional Sponsors:  Sen. Venables
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1EB68C4F5A2F9D078525786200752C86Wed, 02 May 2012 18:25:37 -0400Delaware - Signed Legislation
This legislation revises Chapter 22 of Title 3 to clarify that the Department of Agriculture and Department of Natural Resources and Environmental Control are authorized to continue and expand the CAFO NDPES Program in Delaware to meet changing conditions and consistent with recent federal directives and authorities.

   Additional Sponsors:  Rep. Atkins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AFC66C2878B6531085257853005BC218Thu, 29 Mar 2012 17:43:41 -0400Delaware - Signed Legislation
Most states abolished “fusion” candidacies over a century ago. Only a few states other than Delaware still permit such practice. Moreover, the United States Supreme Court has upheld state laws prohibiting fusion candidacies. This Bill would allow only members of a political party to seek that party’s nomination for an elected office in a primary or otherwise be nominated for office by that party.

   Additional Sponsors:  & Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C058AE5A160B1DFF8525780D0055FEDCTue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
Sections 1 and 3 make technical and conforming changes to the Delaware Code. Section 2 of this bill provides that no person who has been convicted of a felony sexual offense can receive a license to practice registered nursing. Section 4 of this bill provides that no person who has been convicted of a felony sexual offense can be licensed as a practical nurse. Section 5 of this bill provides for permanent revocation of the license of any nurse who is convicted of a felony sexual offense. Section 6 of this bill and makes it a ground for discipline if a licensee fails to report child abuse or neglect as required of every person by 16 Del. C. § 903, or if a licensee fails to report to the Board any physician, nurse or other healthcare professional who is reasonably believed to be guilty of unprofessional conduct or physically or mentally incapable of practicing their profession. It also provides that any licensee who makes a good faith report against a physician, nurse or other healthcare professional is not subject to civil or criminal liability for reporting.

   Additional Sponsors:  Sen. Hall-Long, Reps. Barbieri, Bennett, Gilligan, Hudson, Q. Johnson, Keeley, Lavelle, Longhurst, Mitchell, Schooley, Sens. Blevins, Bushweller, Sokola, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C8F157AB92BCC6028525784D004FE72CTue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
Section 505 of Title 7 allows certain members of the military who live and/or serve in Delaware to obtain a fishing license in Delaware regardless of their legal state of residency. This bill clarifies the law to permit members of Delaware’s National Guard who are residents of neighboring states to like-wise obtain a Delaware fishing license. The current wording of the section inadvertently excludes National Guard members because they are not on “full-time active duty” status.

   Additional Sponsors:  Rep. Briggs King, & Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/03DD6444623045BD852578560069367ETue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
This Act provides that the members of the Board of Assessment Review be chosen among the councilmanic districts that were divided in 2004.

   Additional Sponsors:  Rep. Brady
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/5E6C76E849787D1B85257856005AD65ATue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This Bill prohibits the Department from accepting as dedicated a road that makes a connection to a dedicated road within a 55 or over community. It also directs the Department not to permit a connection to a dedicated road within a 55 or over community.

   Additional Sponsors:  Rep. Gilligan, & Rep. Hudson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1455F35C3E36BD4685257817005D2583Wed, 25 Jan 2012 17:44:34 -0400Delaware - Signed Legislation
Sections 1, 3 and 4 of this bill require permanent revocation of the license of any mental health or chemical dependency professional convicted of a felony sexual offense. Section 2 of this bill makes it a ground for discipline if a licensed mental health or chemical dependency professional fails to report child abuse or neglect as required of every person by 16 Del. C. § 903, or if a licensee fails to report to the Board any licensee or other healthcare professional who is reasonably believed to be guilty of unprofessional conduct or physically or mentally incapable of practicing their profession. It also provides that any licensee who makes a good faith report against a licensee or other healthcare professional is not subject to civil or criminal liability for reporting.

   Additional Sponsors:  Rep. Scott, & Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/8FA56C3B867B1C6E8525786200585C97Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
This bill provides important safeguards for vulnerable patients and residents who are treated in, or reside in healthcare, residential or treatment facilities, against sexual predators who exploit their infirmity or disability. Under this bill it is illegal for an employee or volunteer of a healthcare facility, nursing home, assisted living facility, long-term care residence, group home, psychiatric treatment facility residential substance abuse or mental health facility, or any facility required to be licensed under Title 16 of the Delaware Code to engage in sexual activity with a patient or resident of a facility. Consent shall not be a defense. Sexual contact with patient or resident by an employee or volunteer shall be a class G felony. Where an employee or volunteer engages in sexual penetration or sexual intercourse, the crime will be a Class C felony. Abuse, mistreatment or neglect resulting in serious physical injury is enhanced from a Class D felony to a Class C felony.

   Additional Sponsors:  Rep. George, & Rep. Walker, & Sen. Hall-Long, & Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C8306A5ED494D1908525785C00754211Wed, 25 Jan 2012 17:44:34 -0400Delaware - Signed Legislation
Section 1 of this bill makes a technical change to the Delaware Code. Section 2 of this bill requires permanent revocation of the license of any person convicted of a felony sexual offense. Section 3 of this bill and makes it a ground for discipline if a licensee fails to report child abuse or neglect as required of every person by 16 Del. C. § 903, or if a licensee fails to report to the Board any clinical social worker other healthcare professional who is reasonably believed to be guilty of unprofessional conduct or physically or mentally incapable of practicing their profession. It also provides that any licensee who makes a good faith report against a clinical social worker or other healthcare professional is not subject to civil or criminal liability for reporting.

   Additional Sponsors:  Rep. Q. Johnson, & Sen. Blevins
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/FDB028E0788737358525786200585867Wed, 25 Jan 2012 17:44:34 -0400Delaware - Signed Legislation
This bill will permit licensed commercial game preserves to operate on Sundays. The bill limits Sunday operations to commercial facilities only within the seasons established by the Department of Natural Resources and Environmental Control. This bill does not allow for Sunday hunting of wild game or put-and-take hunting by entities other than commercially-operated facilities. This bill is necessary for commercial game preserves to compete with similar operations in adjoining States, where Sunday operations are allowed.

   Additional Sponsors:  Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/6FFEF3050F5BCDC58525785C00735453Tue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
Recent turmoil in the financial markets has heightened scrutiny, in the capital markets and among financial institutions, about identifying, managing and limiting risk, the need for adequate capitalization and for understanding the interdependency of the different financial sectors. One source of risk to financial market participants has arisen due to the lack of certainty in the treatment of qualified financial contracts and netting agreements in the event of the insolvency of state regulated insurers. The importance of maintaining certainty among the participants in these markets has been acknowledged and addressed through changes in the Federal Bankruptcy Code, the Federal Deposit Insurance Act (governing the insolvency of banks), the Dodd-Frank Wall Street Reform and Consumer Protection Act, and other federal legislation and regulatory orders, as well as in the laws of major non-U.S. jurisdictions applicable to the insurers’ trading counterparties. This bill corrects this lack of certainty under the Delaware insurance laws by specifying the status of “qualified financial contracts” and the permissibility of netting under such contracts in a formal delinquency proceeding. This bill brings Delaware’s insurance law into conformance with similar provisions of the Federal Bankruptcy Code, the Federal Deposit Insurance Act and the National Association of Insurance Commissioners Insurance Receivership Model Act (“IRMA”). This bill also eliminates a threat to the financial stability of Delaware insurers and addresses a competitive disadvantage of Delaware insurers vis-a-vis their competitors in other jurisdictions where netting legislation has been adopted. Qualified financial contracts and netting agreements have proven to be of great assistance to Delaware insurers during the recent market downturn in managing their risks. Given the recent experience of financial market participants, however, the lack of certainty of the treatment of these agreements and contracts in a formal delinquency proceeding now threatens the ability of Delaware insurers to continue to use qualified financial contracts and netting agreements to manage their risks and remain financially strong. Recent changes in the international capital rules for banks under the Basel II accords, events in the financial markets over the past few years and the increasingly sophisticated risk control methods of financial institutions have placed a spotlight on the lack of protections for these contracts under the insurance laws of Delaware and many other states. Without the certainty that adoption of this bill will provide, it will become difficult for the counterparties of Delaware insurers to obtain the necessary legal comfort to transact business with Delaware insurers. The consequence for Delaware insurers will be increased costs in the pricing for their transactions (due to the perceived increased risk), and potentially, lack of access to these financial instruments. An inability to continue to trade or the increase in the prices at which insurers can transact potentially threatens the competitiveness and financial strength of Delaware insurers. For these reasons, as of March 4, 2011, eleven states have already taken action to adopt legislation validating these netting arrangements for insurers and several more states are currently considering adoption of similar legislation. By providing for the enforcement of netting and closeout rights as provided in this bill for “qualified financial contracts,” Delaware will bring its insurer insolvency law into harmony with federal law and IRMA, will give both insurers and their creditors the certainty and safety they need, and will eliminate a competitive disadvantage of Delaware insurers. Section 1 of this bill confirms the power of the Delaware Insurance Commissioner to issue rules, regulations an orders relating to investments by insurers, including setting standards for the prudent use of derivative instruments and other “qualified financial contracts.” Section 2 of this bill adds new subsections (14)-(24) to § 5901 of the Insurance Code, providing, for purposes of Chapter 59, definitions of specific types of financial contracts commonly used in the financial markets, including swap agreements, repurchase agreements, forward contracts, commodity contracts and securities contracts as “qualified financial contracts” and the related “netting agreements” in addition to related terms including affiliate, creditor, claimant, formal delinquency proceeding and transfer. These definitions are intended to be consistent with those used under IRMA and the Federal Deposit Insurance Act, applicable to bank insolvencies. Section 3 of this bill adds a new § 5933 to the Insurance Code. Subsection (a) of § 5933 provides for the enforcement and recognition of the contractual rights of the insurer’s counterparties under qualified financial contracts, netting agreements and related security arrangements to terminate, liquidate, accelerate and close out such contracts, to set off and net out obligations owing under such contracts, and to enforce any security rights under such agreements, free of any stay, injunction or prohibition which might otherwise apply under Chapter 59. Subsection (b) of § 5933 provides for the transfer by the non-defaulting party to the receiver of any net or settlement amount owing to the insurer under a qualified financial contract. Subsection (c) of § 5933 provides for the transfer of all financial contracts between an insurer and a single counterparty and its affiliates together if a bulk transfer of insurer liabilities or contracts is made by the receiver. Subsection (d) of § 5933 provides for notification upon transfer of a netting agreement or qualified financial contract by the receiver. Subsection (e) of § 5933 provides for validation of payments and transfers of money and property under netting agreements and qualified financial contracts made prior to the commencement of a rehabilitation, insolvency or conservation proceeding, unless such transfers were made with actual intent to hinder, delay or defraud the insurer, the receiver or other creditors. Subsection (f) of § 5933 provides that if the receiver disaffirms or repudiates any qualified financial contracts or netting agreements with a counterparty, it must disaffirm or repudiate all such contracts. Subsection (g) of § 5933 provides a definition of the term “contractual right’ as such term is used in this new § 5933. Subsection (h) of § 5933 provides that this new § 5933 will not apply to affiliates of an insurer subject to proceedings under Chapter 59, unless the Commissioner has previously approved the application of § 5933 to a particular affiliate. This new § 5933 would apply to contracts of both general and separate accounts of insurers. Section 4 provides that upon enactment this bill would be effective immediately, except that it would only apply to a liquidation, receivership or conservatorship proceeding that commences under Chapter 59 of the Delaware Insurance Code on or after the enactment of this bill.

   Additional Sponsors:  Rep. B. Short
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/CC5DF801460F2E938525785D0059415BTue, 10 Jan 2012 17:35:57 -0400Delaware - Signed Legislation
This Act will protect the safety of certain victims of violent crime by creating Delaware’s Address Confidentiality Program, which will be administered by the Delaware Department of Justice. The Program will permit victims of crime of domestic violence, stalking and sexual assault, as well as persons participating in Delaware’s Witness Protection Program, to keep their actual address confidential by applying to the Department of Justice for a substitute address to which all mail will be delivered. The Act requires any Federal, State or local governmental agency to accept a program participant’s substitute address, except as necessary to comply with the terms of court-ordered probation, parole, pre-trial release or sex offender registration. The Act ensures that Federal, State and local governments, will have access to a program participant’s actual address through a waiver process to be established by the Department of Justice. Disclosure of a participant’s actual address to a law enforcement agency in an emergency situation or as directed by court order will also be required by the Act. The Act also establishes that program participants may utilize the existing provisions of the Delaware Code to request that the Department of Elections maintain the confidentiality of their actual address. The Act shall take effect on October 3, 2011.

   Additional Sponsors:  Sen. Sorenson, Rep. Barbieri, & Rep. Hudson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/4B040994F5EFC8CD8525785400580F46Tue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This bill enables small employer health insurance carriers to make 'stop-loss' insurance coverage available to small employers with more than 15 employees. The issuance of stop-loss coverage to small employers, defined as having no more than 50 employees, will be prohibited as of July 1, 2011. This bill will limit that prohibition to employers with 15 or fewer employees

   Additional Sponsors:  Rep. B. Short, & Rep. Bennett, & Sen. Cloutier
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B44101AC5DB279958525781C0061E0EDTue, 10 Jan 2012 17:38:53 -0400Delaware - Signed Legislation
This legislation is based on the Marijuana Policy Project’s model medical marijuana legislation. The Bill creates an exception to a state’s criminal laws to permit the doctor-recommended medical use of marijuana by patients with serious medical conditions. A patient would only be protected from arrest of controlled substance laws if his or her physician certifies, in writing, that the patient has a specified debilitating medical condition and that the patient would receive therapeutic benefit from medical marijuana. The patient would send a copy of the written certification to the state Department of Health and Social Services and the Department would issue an ID card after verifying the information. Police officers could verify an ID card’s validity with the Department. As long as the patient is in compliance with the law, there would be no arrest. Patients would be allowed to possess up to 6 ounces for their medical use. Six ounces is less than the federal government has determined is a one-month supply for patients in the Compassionate Investigational New Drug Program. The legislation allows them to designate a caregiver who would also receive an ID card. Each caregiver may assist no more than five qualifying patients. The legislation would allow for the state-regulated, non-profit distribution of medical marijuana. The Department of Health and Social Services would issue registration certificates to qualified applicants, who would have to abide by the rules on security, recordkeeping, and oversight provided for by the model medical marijuana legislation, in addition to any additional rules that the Department may develop. All dispensaries would be subject to random inspection and all of their staff would have to register with the Department of health. It is important that the law provide for both caregivers and dispensaries, since patients in rural areas are unlikely to have access to dispensaries, and because many low-income patients will not be able to afford medical marijuana at dispensaries. In addition, very ill patients would need a caregiver to pick up their medicine for them. The Bill maintains commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana. Employers are not required to allow patients to be impaired at work or to allow the possession of marijuana at a workplace. Insurance providers would not have to cover medical marijuana.

   Additional Sponsors:  Rep. Keeley
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E8156B33AC361EE5852578150069EDD2Wed, 16 May 2012 18:07:45 -0400Delaware - Signed Legislation
This bill postpones the effectiveness of Section 804A until the redistricting following the 2020 federal decennial census.

   Additional Sponsors:  Rep. Gilligan, & Rep. Longhurst, & Rep. Lavelle, & Sen. Blevins, & Sen. DeLuca, & Sen. Henry

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/799C792E46AC4528852578870054658FWed, 28 Mar 2012 11:20:09 -0400Delaware Senate - Signed Legislation
This Act creates the recognized legal relationship of civil union in Delaware for eligible persons. This Act further recognizes as civil unions for all purposes under Delaware law legal unions between two persons of the same sex entered into in jurisdictions outside of Delaware provided that such union and the parties thereto meet the Delaware eligibility requirements to enter into a civil union in the State of Delaware. Parties who enter into a lawful civil union in Delaware, or whose legal union is recognized as a civil union under Delaware law, will have all of the same rights, benefits, protections and responsibilities as married persons under Delaware law. It is not the intent of the Delaware General Assembly to revise the definition or eligibility requirements of marriage under Delaware law or to require any religious institution to perform solemnizations of civil unions.

   Additional Sponsors:  Sen. Sorenson, & Rep. George, & Rep. Schooley
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/916160214DBB1927852578540067CE78Wed, 25 Apr 2012 17:12:36 -0400Delaware - Signed Legislation
This Resolution recognizes May 15, 2011 is Jimmie Johnson Day and urges our citizens to observe the day with appropriate programs, ceremonies and activities.

   Additional Sponsors:  Sen. Bushweller, & Rep. Carson, & Rep. Scott, & Rep. Longhurst

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/B035ACBEC111EFA6852578560063EF37Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This Bill amends the format in which abandoned personal property is defined to make it simpler to read and adds a provision that the language used in the forms of applications, notices and declarations should be simple and non-technical. Additionally, this Bill provides the owner or person claiming an interest in the property the ability to file a replevin counterclaim, in addition to defending the abandoned property claim, prior to the final determination of title by the Court. Finally, this Bill amends the notice requirement for a sale from 30 days to 15 days and requires publication of the sale in 5 public places, making the notification requires consistent with actions of a similar nature, such as garagekeeper’s liens.

   Additional Sponsors:  Sen. Ennis, & Sen. Henry
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1903B43E2780FAC88525781E00748FCETue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This housekeeping bill is intended to update the state law regarding criminal background checks for those seeking a school bus driver endorsement from DMV to comply with federal requirements for access to the national criminal history records kept by the FBI.

   Additional Sponsors:  Sen. Marshall

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/16C1190B120F6BDB8525784C00565B8FTue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This bill requires a landlord to provide a copy of this subchapter and a summary thereof, written by the Office of the Attorney General, to any prospective tenant.

   Additional Sponsors:  Sen. Ennis
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/92FBFF7DA4489FB28525781D0069C240Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This bill provides the Department of Health and Social Services with the explicit authority to investigate and inspect unsanitary or unsafe conditions in certain facilities where invasive medical procedures are performed. It also gives DHSS the authority to adopt regulations to strengthen oversight of facilities. In addition, it provides that the Department of State, Division of Professional Regulation may investigate and inspect unsanitary and unsafe conditions maintained by individuals licensed by the Board of Medical Licensure and Discipline. Finally, the bill provides that maintenance of an unsanitary or unsafe condition is “unprofessional conduct” for purposes of the Board of Medical Licensure and Discipline.

   Additional Sponsors:  Sen. Hall-Long, Reps. Atkins, Barbieri, Gilligan, Heffernan, Hocker, Hudson, Keeley, Longhurst, Mitchell, Osienski, Schooley, Scott, D. Short, Sens. Blevins, Bushweller, Henry, Sokola, Sorenson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/779D5AA7295FFB598525784D0069D96ETue, 24 Apr 2012 16:34:45 -0400Delaware - Signed Legislation
This bill requires the Department of Transportation to display on its variable message signs information regarding missing senior citizens, suicidal persons, or persons with a disability.

   Additional Sponsors:  Sen. Henry, Reps. Barbieri, Bolden, Brady, Briggs King, Carson, Jaques, Q. Johnson, Kenton, Kowalko, Longhurst, Mitchell, Osienski, Scott, D. Short, Viola, D.P. Williams, Wilson

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/86871EB300978F4A8525784800661232Wed, 02 May 2012 18:25:37 -0400Delaware - Signed Legislation
This amendment eliminates the $2,000 threshold for the bidding and award of contracts and sets the threshold at $7,500; authorizes the Town Council to establish by Ordinance the procedures for the procurement of material, labor or services; and, if it fails to do so, subjects the process to the State Procurement Act.

   Additional Sponsors:  Rep. Atkins, & Rep. Hocker

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/81EF5CA70C86FF74852578240063DEFAThu, 05 Apr 2012 16:35:04 -0400Delaware - Signed Legislation
The State Employee Benefits Committee has voted in favor of providing health coverage for those “eligible child dependents” who will graduate from college in May 2011. Under the terms of the Patient Protection and Affordable Care Act of 2010, the State of Delaware must provide dependent coverage for eligible adults until the age of 26 beginning on July 1, 2011. Current Delaware law provides dependent coverage for full time students until the age of 24. There are approximately 120 students who will graduate in May 2011, and would have to be removed from their parent’s health plan as of June 1, 2011. Assuming they meet the requirements of the federal health care act, they would be eligible to re-enroll in their parent’s plan on July 1, 2011. This bill enables those graduating students to remain on their parent’s plan for the month of June. This bill will have to financial impact on the General Fund. The Office of Management and Budget conservatively estimates that coverage for these students for one month may cost $46,000. Those funds, however, will be paid by the Health Fund, and the SEBC has approved those payments.

   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/C26792448B8CDF8485257856006ADDCBTue, 10 Jan 2012 17:35:58 -0400Delaware - Signed Legislation
SYNOPSIS Sections 1 and 2 of the Bill establish a fixed cost share effective July 1, 2012 for the different health insurance plans offered by the State for regular officers or employees of the State and their dependents, and a fixed cost share for pensioners and their dependents who are not eligible for federal Medicare. For the basic health care insurance plan, as set forth in Section 5203 of Title 29, the State will pay 96% of the total cost of the plan. For the Consumer-Directed Health plan, the State will pay 95% of the total cost of the plan. The State will pay 93.5% of the total cost of the HMO plan, and the State will pay 86.75% of the total cost of the PPO plan. The expected rate impact to eligible employees effective July 1, 2012 based on 2011 rates is as follows: This Bill eliminates the offer of a free plan, and as a result, a single employee in the State’s basic plan would now be paying approximately $20.58 per month, and an eligible employee enrolled in the family plan will be paying $53.23 per month. There are currently only 447 active employees and 132 retirees enrolled in the State’s basic plan. A single employee who is enrolled in the Blue Cross HMO Basic plan will be paying approximately $11.85 more per month, and a family in that same plan will be paying approximately $5.39 more per month. A single employee who is enrolled in the Aetna HMO plan will be paying approximately $12.26 more per month, and a family in that same plan will be paying approximately $9.42 more per month. Finally, a single employee who is enrolled in the PPO plan will be paying approximately $4.94 more per month, and a family in that same plan will be paying approximately $8.81 more per month. Section 3 of the Bill would require pensioners who retire after July 1, 2012 and who become eligible for Medicare to pay 5% of the Medicare supplement offered by the State. For each Medicare-eligible retiree or dependent who receives the Medicare supplement, the expected cost impact is approximately $20 per month. Section 4 of the Bill would change the number of years it takes for employees hired after January 1, 2007 to vest for the State share of retiree healthcare. Under current law, State employees vest for 50% of the State share at 10 years of service, 75% of the State share at 15 years of service, and 100% of the State share at 20 years of service. Pursuant to this Bill, employees who were hired on or after January 1, 2007 would vest for 50% of the State share at 15 years, 75% of the State share at 17.5 years of service, and 100% of the State share at 20 years of service. Section 5 of the Bill would eliminate double state share for new hires who are employed after December 31, 2011 as well as for current employees who become benefit eligible, and legally married after December 31, 2011. In addition, Section 5 establishes a $25 per month charge for current employees who are Double State Share eligible, effective July 1, 2012. Section 6 of the Bill would delete the reference to the “Standard 80” health care plan offered by Blue Cross Blue Shield, as the reference to the “Standard 80 plan” is an antiquated reference that is not indicative of the plan features provided for in the State’s basic health care plan. In addition, Section 6 would establish a floor of coverage the State will provide as mandated by federal law. Section 7 of the Bill would also delete an antiquated reference to the “Delaware 65” plan, which is no longer indicative of the supplemental Medicare coverage offered by the State. Section 8 of the Bill declares the intent of the General Assembly to prevent the limited abuse of the State Employee’s Pension Plan when employees voluntarily work overtime in order to inflate their final pension calculation. In addition, this Section recognizes that to protect the health and safety of employees and the citizens they serve, Agency management should also reasonably limit the assignment of mandatory overtime. This Section would require every Cabinet Secretary in each of the Executive Branch Agencies to devise a written policy by June 30, 2012 that would reasonably limit the use of mandatory and voluntary overtime. Section 9 of the Bill would redefine “final average compensation” such that for employees hired on or after January 1, 2012 overtime payments will no longer be included in the definition of “final average compensation”. Section 10 of the Bill differentiates employees for purposes of applying the State’s pension benefits: individuals first employed by the State before January 1, 2012, and individuals first employed by the State on or after January 1, 2012, who will be called “Post-2011 employees”. Section 11 of the Bill would change the normal retirement age for employees hired on or after January 1, 2012. Under current law, employees are eligible to retire at age 62 with five years of service, at age 60 with 15 years of service, or at any age with 30 years of service. Pursuant to this Bill, Post-2011 employees would be eligible to retire at age 65 with 10 years of service, at age 60 with 20 years of service, and at any age with 30 years of service. This Section would also increase the early retirement reduction factor for employees who retire prior to the normal retirement age as set forth above. Under current law, at age 55 and 15 years of service an employee may retire early, but the employee’s pension would be reduced by 2/10th of a percent for each month the employee is under the age of 60. Pursuant to this Bill, the employee’s pension would be reduced by 4/10th of a percent for each month the employee is under the age of 60. Section 12 of the Bill changes the number of years it takes employees hired on or after January 1, 2012 to vest for a pension, from 5 years to 10 years. Section 13 of the Bill would change the number of years it would take an elected official elected on or after January 1, 2012 to vest for a pension, from 5 years to 10 years. In addition this Section changes the normal retirement age for elected officials elected on or after January 1, 2012 to conform to the changes to the normal retirement age for employees referenced in Section 10 of the Bill. Section 14 of the Bill would increase the employee contribution to the Pension Fund from 3% to 5% of annual compensation after the first $6,000for employees hired on or after January 1, 2012.

   Additional Sponsors:  Sen. Blevins, & Rep. Hudson, & Sen. Bonini, & Rep. Scott
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E04AC47DFDC0A1E385257864006DDF6BTue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation


   Additional Sponsors:  Sen. Blevins, & Sen. McDowell, & Sen. Sorenson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/AD7502FAA748D7598525781E005FBFDAThu, 05 Apr 2012 16:35:04 -0400Delaware - Signed Legislation
This Bill clarifies that water and sewer authorities fall within the Freedom of Information Act.

   Additional Sponsors:  Reps. Blakey, Scott

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/DA1D2E45E27F730C8525785B005CB305Tue, 10 Jan 2012 17:35:54 -0400Delaware - Signed Legislation
This bill enhances Delaware’s Freedom of Information Act by setting a deadline when public bodies must provide a public record to a person making a request under the Freedom of Information Act.

   Additional Sponsors:  Sen. Peterson, & Sen. Katz
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/1CE03774E8EEC3498525780D00540FF6Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This Act aligns when Sussex County’s taxes are due and payable with Sussex County’s budget year.

   Additional Sponsors:  Sen. Bunting, Reps. Atkins, Bennett, Brady, Briggs King, Gilligan, Hocker, Lee, D. Short, Sens. Venables, Booth, Simpson, Bushweller, Hall-Long, McBride

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/18C877F08856F2288525782A0068C829Wed, 25 Jan 2012 14:26:58 -0400Delaware - Signed Legislation
This bill increases the Delaware driver license issuance period from 5 years to 8 years and learner permit issuance period from 60 days to 6 months. The division has seen a significant upward trend in customer volume in 2010 when compared to 2009. Specifically, the division’s customer volume has increased an average of 100 customers per day in our busiest facility and an average of 25 customers per day in our slowest facility. If this rate of growth continues, the DMV can expect to see between 6,200 and 25,000 additional customers in our facilities each year. By extending driver license issuance periods an additional three years the division estimates a reduction in customer volume of approximately 48,000 fewer customers each year, thus enabling the division to handle the continued population growth in Delaware.

   Additional Sponsors:  Sen. Marshall
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/460A1F9B9CF8718085257840006E7985Tue, 10 Jan 2012 17:35:56 -0400Delaware - Signed Legislation
This bill removes the 3/4 of an inch letter height requirement for the issuance date, expiration date, make, and serial number on the smaller motorcycle temporary tag.

   Additional Sponsors:  Sen. Marshall

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/792F12EBECFD5C8D852578400075C0FDTue, 13 Mar 2012 17:50:04 -0400Delaware - Signed Legislation
This Resolution recognizes the late Delaware State Police Corporal Robert H. Bell for his courageous actions in the line-of-duty.

   Additional Sponsors:  Sen. Blevins, & Rep. Hudson, & Sen. Peterson
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/D4A29577AFC37E118525785B0051C854Wed, 28 Mar 2012 11:46:21 -0400Delaware - Signed Legislation
This Act implements the recommendations of the Senate’s Teacher Hiring Task Force. It will result in the creation of an estimated unit count each March, which the Department of Education will conduct using existing resources. The state will guarantee that school districts receive unit funds for the following school year equivalent to 98% of the estimated unit count. This will allow districts to make offers of employment to new teachers in the late spring and early summer. The Act also requires greater transparency by school districts with respect to their hiring practices. The Act must be reauthorized prior to April 1, 2012, so the state has an opportunity to ensure that the estimated unit count is reliable.

   Additional Sponsors:  Rep. Heffernan, & Rep. Schooley, & Rep. Jaques, & Rep. Scott
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/26682915CE117E5B85257817006F97AFThu, 29 Mar 2012 17:43:40 -0400Delaware - Signed Legislation
This Act is designed to update the New Castle City Charter. The New Castle City Board of Elections met and discussed the charter and the requirement for the City to be divided into four election districts. The City Board of Elections concluded that there is no need for the City to be divided into four election districts, as required in the current charter, for the following reasons: (i) all elected positions run city-wide and representation of all elected officials is at-large and city wide; (ii) the total geographic area of the City is relatively small, only 3.5 square miles; and (iii) elimination of the four election districts will streamline the election process, making it more concise and efficient. Based on the foregoing, New Castle City chose to amend its charter.

   Additional Sponsors:  Rep. Mulrooney, & Sen. Henry, & Sen. Connor

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/E2238D823C4AA4448525780F00741668Wed, 25 Apr 2012 17:12:36 -0400Delaware - Signed Legislation
This Senate Joint Resolution expresses the heartfelt condolences and prayers of all Delawareans to the citizens of our Sister State of Miyagi Prefecture for their losses due to the recent earthquake and related disasters. It further urges Delawareans to contribute to the “Delaware Fund for Miyagi, Japan”, recently established by Governor Jack A. Markell, the Delaware Department of State and the Delaware Community Foundation, and to give generously of their time and talent in assisting relief and recovery efforts.

   Additional Sponsors:  Sen. McBride, on behalf of all Senators, Rep. George, on behalf of all Representatives

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/58CC58989B6361AD8525785B005381FBTue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This Act would remove the requirement that a Councilperson relinquish his or her Council seat in order to become a candidate for Mayor.

   Additional Sponsors:  Rep. Scott

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/52414182563AADD08525781C007670F3Fri, 20 Apr 2012 12:05:38 -0400Delaware - Signed Legislation
With the approval of the General Assembly (through Epilogue language) the Delaware Department of Education (DDOE) first piloted the needs based system in two school districts, Brandywine and Seaford. Following the first year of implementation, the needs based structure proved beneficial and provided the districts with more options in the use of resources. Since the 2004-2005 school year, the General Assembly authorized (through Epilogue language) the implementation of the needs based formula in twelve of the nineteen school districts. As of the 2009-2010 school year, the General Assembly (through Epilogue language) approved transitioning the seven remaining districts and all charter schools to the needs based funding structure. The DDOE is amending Title 14 of the Delaware Code, in order to fully adopt the needs based system for all nineteen districts and all charter schools in the State.

   Additional Sponsors:  Sen. Sokola
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A18520ABB04474EA8525780D00665B1FTue, 10 Jan 2012 17:35:54 -0400Delaware - Signed Legislation
This Act amends the Charter of the City of Milford by authorizing a change in the date of the Annual Municipal Election to prevent any conflict with the Easter Holy Days.

   Additional Sponsors:  Sen. Bonini, & Rep. Kenton, & Rep. Peterman

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F42CE3DBBAEF9778852577F90061984CTue, 10 Jan 2012 17:35:55 -0400Delaware - Signed Legislation
This Act establishes a three year “look-back” for the TUR (total Unemployment Rate) trigger for EB (Extended Benefits) retroactive to December 18, 2010. Under the current two year look-back TUR trigger, the State will most likely trigger off EB in April of CY 2011 and long-term unemployed individuals would no longer be eligible for these 100.0% federally funded benefits.

   Additional Sponsors:  Rep. Mulrooney
   Co-Sponsors:            

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/0DEDA7727D2B46C9852578170061E057Tue, 13 Mar 2012 17:50:04 -0400Delaware - Signed Legislation
This Joint Resolution designates JoAnn M. Hedrick as Bill Clerk of the House of Representatives and Dolores Michels as Assistant Bill Clerk of the House of Representative to serve at the pleasure of the House of Representatives.

   Additional Sponsors:  Rep. Schwartzkopf, & Rep. Longhurst, & Rep. Lavelle, & Rep. Hocker

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/A8626F8E16AA9A3585257814005C6F8DThu, 29 Mar 2012 17:43:41 -0400Delaware - Signed Legislation
This Act exempts from the Wholesale Merchants’ Gross Receipts Tax and from the Manufacturers’ Gross Receipts Tax the gross receipts realized in certain intermediate transactions engaged in by petroleum product refiners with certain specialized trade parties during the petroleum refining process. The Act exempts from the Wholesale Merchants’ Gross Receipts Tax the gross receipts from (i) sales of crude oil by a crude oil wholesaler to a petroleum product refiner, (ii) sales of intermediate petroleum products that have been partially refined by a petroleum product refiner to an intermediate petroleum products wholesaler and from an intermediate petroleum products wholesaler back to a petroleum product refiner, (iii) sales of finished petroleum products by a petroleum product refiner to a finished petroleum products wholesaler, and (iv) sales of finished petroleum products by a finished petroleum products wholesaler to a wholesaler, if the finished petroleum products wholesaler and the wholesaler stand in a control relationship, i.e., one owns, directly or indirectly, 100% of the other or a third party owns, directly or indirectly, 100% of both the finished petroleum products wholesaler and the wholesaler. Proceeds from sales of a petroleum product refiner to an intermediate petroleum products wholesaler are similarly exempted from the Manufacturers’ Gross Receipts Tax. It is anticipated that these changes will not cause a decrease in the Wholesale Merchants’ Gross Receipts Tax or the Manufacturers’ Gross Receipts Tax.

   Additional Sponsors:  Rep. Viola, & Sen. Ennis, Reps. Atkins, Barbieri, Bennett, Blakey, Bolden, Brady, Briggs King, Carson, George, Gilligan, Heffernan, Hocker, Hudson, Jaques, J. Johnson, Q. Johnson, Keeley, Kenton, Kowalko, Lavelle, Lee, Manolakos, Miro, Mitchell, Mulrooney, Osienski, Outten, Peterman, Ramone, Schooley, Schwartzkopf, Scott, B. Short, D. Short, Walker, D.E. Williams, D.P. Williams, Willis, Wilson, Sen. Connor

]]> http://legis.delaware.gov/LIS/LIS146.NSF/vwlegislation/F2962CDC623BF4A48525781600663B08