| SB 139 w/ SA 1 + HA 4, HA 5 | Signed | Walsh | In an effort to ensure the safety and wellbeing of dogs, this legislation improves shelter and tether standards in hazardous weather conditions, including clarifying restrictions on outdoor housing and tethering for dogs during hazardous weather conditions that pose a serious adverse risk to the health and safety of dogs. This bill also aims to improve public safety by prohibiting dogs from running at-large without a leash in public outdoor settings, with the exception of working dogs and permits dogs off leash on private property or where property owner has given the dog owner permission.
| AN ACT TO AMEND TITLE 16 AND TITLE 11 OF THE DELAWARE CODE RELATING TO CRUELTY TO DOGS AND SPECIFICATIONS FOR HUMANE HANDLING, CARE AND TREATMENT OF DOGS. |
| HJR 7 | Signed | Mitchell | This Joint Resolution vacates the parkland dedication for ± .22 acres of Tax Parcel No. 19-009.00-015, as depicted in the exhibit that accompanies this Joint Resolution, thereby removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows New Castle County to transfer the Property in accordance with § 1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of this Property as dedicated parkland. A significant amount of illegal dumping occurs on the Property, negatively impacting the surrounding community. | VACATING DEDICATED PARKLAND IDENTIFIED AS TAX PARCEL NO. 19-009.00-015. |
| HJR 8 | Signed | Mitchell | This Joint Resolution vacates the parkland dedication for ± .31 acres of Tax Parcel No. 07-039.30-002 (“the Property”), as depicted in the exhibit that accompanies this Joint Resolution, thereby removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows New Castle County to transfer the Property in accordance with §1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the Property as dedicated parkland. A significant amount of illegal dumping occurs on the Property, negatively impacting the surrounding community. | VACATING DEDICATED PARKLAND ± .31 ACRES OF TAX PARCEL NO. 07-039.30-002. |
| HJR 9 | Signed | Mitchell | This Joint Resolution vacates the parkland dedication for Tax Parcel No. 19-009.00-011 ("the Property"), removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows for New Castle County to transfer the Property in accordance with § 1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the Property as parkland. Currently, the neighboring businesses are using a portion of the Property for parking. | VACATING DEDICATED PARKLAND IDENTIFIED AS TAX PARCEL NO. 19-009.00-011. |
| SB 177 | Signed | McBride | This amendment brings into conformity the provisions of Title 21 with those of Title 14 relating to the revocation of a student’s driving privileges when he or she is expelled from a public school. Prior amendments to Title 14, Section 4130 and Title 21, Section 2707 removed the requirement that the Secretary of the Department of Motor Vehicles revoke a student’s driving privileges upon notice from the superintendent of a public school that the student had been expelled. This amendment accomplishes the intent of those prior amendments by removing surplus language in the parallel section of Title 21. | AN ACT TO AMEND TITLE 21 RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR SCHOOL EXPULSION. |
| HB 250 | Signed | Chukwuocha | This Act is a recommendation of the Jurisdiction Improvement Committee established by the Delaware Supreme Court Order of November 7, 2017.
The Act provides for the Justice of the Peace Court and Family Court to have concurrent jurisdiction over truancy matters and allows for a means of transfer from the Justice of the Peace Court to the Family Court for cases in which the Family Court already has open proceedings regarding the child or child’s family. Concurrent jurisdiction allows for judicial economy in consideration of such matters while at the same time allowing the Family Court to focus their resources on the more significant filings.
This Act mandates that school principals attempt to confer with a truant child’s parents/guardians in an effort to address the child’s lack of attendance prior to filing a complaint with a court. The Act returns to Family Court the consideration of criminal contempt of students in truancy proceedings and removes subsections that are redundant as a result of § 1007C of Title 10.
This Act clarifies that children adjudicated truant within the Justice of the Peace Court would have the right to appeal the finding to the Family Court. For truancy matters which result in adjudications truant within the Family Court, appeal rights will remain as is specified in 10 Del. C. § 1051. This Act also removes the requirement of a bond for an appeal.
Finally, this Act identifies the criteria for determining whether a complaint will remain in the Justice of the Peace Court or be transferred to Family Court.
| AN ACT TO AMEND TITLES 10 AND 14 OF THE DELAWARE CODE RELATING TO TRUANCY. |
| SB 184 w/ SA 1 | Out of Committee | Hansen | This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21.
Specifically, this Act permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE. |
| HB 264 | Signed | Baumbach | This Act represents one of the recommendations of the Local Service Functions Task Force created by House Concurrent Resolution No. 54. This Act revises the process by which the New Castle County tax rate for owners of real property in municipalities is calculated to reflect fire company contributions made by the municipality. This process does not consider as an in-kind contribution from New Castle County or a municipality the property tax that a fire company does not pay because real property owned by fire companies is exempt from taxation. Because no property tax is due, it is not an amount that either New Castle County or a municipality is waiving.
This Act is effective immediately for New Castle County’s fiscal year 2021. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY PROPERTY TAX RATES AND MUNICIPALITIES. |
| SA 1 to SB 184 | Passed | Hansen | This Amendment makes a technical correction to replace incorrect existing Delaware Code language. | |
