Daily Report for 9/25/2023

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 36SignedMantzavinosThis Act provides a definition for 911 Dispatchers. While referenced in other sections of the Code, including being identified as a first responder in § 4319 of Title 11 for purposes of confidentiality of communications by first responders for critical incident stress management services, Dispatchers have not otherwise been defined.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO 911 DISPATCHERS.
SB 67SignedS. McBrideThis Act updates the crime of official misconduct to ensure appropriate accountability of public servants who abuse their positions of power and public trust. The statute establishes a grade in the penalty for the official misconduct to be commensurate to the gravity of the misconduct. In addition, this statute conforms the discrimination language to the language used in the Hate Crimes statute. It also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act will be known as the “Abuse of Power Prevention Act.” AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MISCONDUCT BY PUBLIC OFFICIALS.
HB 118 w/ HA 1, HA 2 + SA 1SignedHensleyDue to continuing concerns over the negative health effects secondhand smoke will have on the youth of Delaware, this bill adds Smoking Restrictions within vehicles if a person under the age of eighteen (18) is in the vehicle. Also, it makes clear that a police officer will not stop or detain a car solely on suspicion of having violated this Statute.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF SMOKING IN VEHICLES WHEN A MINOR IS IN THE VEHICLE.
SS 1 for SB 46SignedBrownAccording to the National Center for Missing and Exploited Children, an estimated 800,000 children are reported missing each year. This Act is a substitute for Senate Bill No. 46. Like Senate Bill No. 46, this Act revises this State's missing children laws to improve search efforts, increase collaboration between law enforcement agencies, and increase public information about missing children. This Act differs from Senate Bill No. 46 in that it does all of the following: (1) Removes language relating to “unemancipated minors” and instead uses the term “child”, as defined in § 302 of Title 1 of the Delaware Code, uniformly throughout Subchapter II of Chapter 85 of Title 11 of the Delaware Code. Delaware does not have emancipation of minors and anyone under the age of 18 is considered a child under our laws. (2) Includes a legal custodian as a person who can sign a dental authorization form to permit release of dental records to law-enforcement agencies. This allows the Department of Services for Children, Youth and their Families to authorize the release of dental records for any child in its legal custody. (3) Includes a legal custodian as a point of contact for law-enforcement agencies when fulfilling their duties regarding unidentified deceased persons. This allows the Department of Services for Children, Youth and their Families to be a point of contact and receive information for any child in its legal custody. (4) Removes the limitation on who may report a missing child and instead allows a child to be reported missing by any person. This enables schools, daycares, group homes, relatives, or persons caring for a child without legal authority to report a child missing from their care. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MISSING PERSONS.
SS 1 for SB 83 w/ SA 1SignedBrownThis Act creates the Delaware Community Investment Venture Fund to develop opportunities for banking organizations and credit unions doing business in Delaware to better serve the needs of low to moderate income tracts in Delaware. The source of funds will be transfers from the Delaware State Bank Commissioner Regulatory Revolving Fund (established in Section 105 of Title 5), which currently has an amount in excess of that needed to cover the operating expenses of the Office of the State Bank Commissioner. The initial transfer will be up to $2.5 million, plus another $250,000 for expenses. Thereafter, additional transfers of up to $500,000 each fiscal year are authorized. No further transfers are authorized after June 30, 2028, unless further legislation is approved by the General Assembly.AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMUNITY INVESTMENT VENTURE FUND.
SB 6 w/ SA 1 + HA 1, HA 2 to HA 1SignedHuxtableIn 1682 or 1683, the Sussex County Court, created by William Penn, created the land grant that is the subject of this Act (“Warner Grant”). As this Act describes, the Warner Grant consists of land in and adjacent to the City of Lewes largely consisting of what is now Cape Henlopen State Park. As the United States District Court for Delaware would later find, the Warner Grant created a “right of common” held in trust for the benefit the people of Lewes and Sussex County. See United States v. 1,010.8 Acres Situate in Sussex County, 56 F. Supp. 120 (D. Del. 1944). In the early 1970s, nearly 300 years after the Warner Grant was created, a dispute arose over the meaning of the Warner Grant and who had authority to enforce the right of common under the Warner Grant when the City of Lewes leased land in the Warner Grant to a real estate company for the purpose of constructing a housing development. Lawsuits were filed by members of the public and the Attorney General. Eventually, the 130th General Assembly settled that dispute by enacting Chapter 108 of Volume 62 of the Laws of Delaware to establish the Warner Grant Trust (“Trust”) and set the boundaries of the lands in the Trust, known as the Warner Grant Trust Lands (“Lands”). In light of recent proposals for the use of the Lands, the 152nd General Assembly finds that clarification is necessary as to the permitted uses of the Lands and as to how future disputes are to be litigated. To that end, this Act does all of the following: (1) Makes clear that the Department of Natural Resources and Environmental Control (“Department”), as trustee of the Warner Grant Trust Lands, must administer the Lands for the public benefit and adhering to 3 governing priorities: (1) conservation, (2) nature education, and (3) public recreation. (2) Makes clear that the Department must administer the Lands so that a private benefit or financial gain to a for-profit enterprise or public-private partnership is not detrimental to the public benefit. (3) Provides that the Court of Chancery has original jurisdiction over disputes regarding the Lands. (4) Provides that the Attorney General must represent Delawareans in the enforcement of the Trust and, if the Attorney General declines to do so, any resident of Sussex County may sue to enforce the Trust and the Court of Chancery must award attorney’s fees to the plaintiffs who prevail in enforcing the Trust. (5) Includes a provision in the Delaware Code, § 4523 of Title 7, referencing the Department’s duties under this Act to preserve memory of this Act for future generations. Section 1 of this Act amends Chapter 108, Volume 62 of the Laws of Delaware, as amended by Chapter 99, Volume 72 of the Laws of Delaware, which contains 10 sections labelled Section 1 through Section 10. Section 2 of this Act amends the Delaware Code to create a new § 4523 of Title 7.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE AND CHAPTER 108, VOLUME 62 OF THE LAWS OF DELAWARE, AS AMENDED BY CHAPTER 99, VOLUME 72 OF THE LAWS OF DELAWARE, RELATING TO CLARIFYING THE WARNER GRANT TRUST AND THE JURISDICTION OF THE COURT OF CHANCERY AS ARBITER OF DISPUTES REGARDING THE WARNER GRANT TRUST LAND.
SB 125SignedSokolaIn December 2022, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 151st General Assembly in 2022 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Sections 1 and 2. Senate Bill No. 304 (151st General Assembly) corrected both the names of regulated seeds and enforcement provisions to align with current practices and terminology. Section 1, in § 1501(20)b.8 of Title 3, removes the misplaced and misspelled word “Setari” which later appears in that paragraph correctly as “Setaria”. Section 2 corrects a drafting error by inserting the words “as” and “by” in the phrase “as required by §§ 1502 and 1503 of this title” in § 1507(a)(2)d. of Title 3. Section 3. This Section corrects a drafting error in House Bill No. 295 (151st General Assembly), by inserting a comma in § 1706(a)(2)d. of Title 3, to clarify that an annual registration fee must be paid “for a pet food manufactured by a nonprofit”. Section 4. This Section corrects a drafting error in Senate Bill No. 261 (151st General Assembly) by clarifying that the public citizen member of the Delaware Nutrient Management Commission appointed by the Governor in § 2222(a)(2)c. of Title 3 should not also be representative of the categories of Governor appointees described in § 2222(a)(2)a. or b. of Title 3. Section 5. This Section corrects a drafting error in Senate Bill No. 228 (151st General Assembly) by making a grammatical correction in the first sentence of § 8204(a)(1) of Title 3 by substituting “if” for “and” to clarify that a licensed veterinary technician working under the indirect supervision of a licensed shall vaccinate a dog “if the dog is in a shelter and is owned by the shelter”. This Section also makes the same substitution of “if” for “and” in the first sentence of § 8204(b) of Title 3 to clarify that a licensed veterinary technician working under the indirect supervision of a licensed shall vaccinate a cat “if the cat is in a shelter and is owned by the shelter”. Sections 6 through 9. These Sections make corrections to Senate Substitute No. 1 for Senate Bill No. 93 (151st General Assembly) which provided protections for consumers in connection with contracts with automatic renewal provisions. Section 6 adds failure to comply with § 2735 of Title 6 to the list of deceptive practices listed in § 2732(3) of Title 6. Section 7 clarifies that in § 2734 of Title 6 an online procedure to cancel a contract entered into online must be provided as stated in paragraph (b)(3) of that section and specifies that paragraph (c)(1)b. applies to paragraph (c)(1)a. of that section. Section 8 makes clear that a consumer may void an automatic renewal contract, but is not required to do so, in § 2735(c)(1) of Title 6. Section 9 revises the designation of the paragraphs in § 2737(a)(2) of Title 6 so that there are no undesignated paragraphs and makes other corrections throughout the statute to conform to the Delaware Legislative Drafting Manual. Sections 10 and 11. Senate Bill No. 262 (151st General Assembly) rewrote Chapter 43 of Title 29 as the Revised Uniform Law on Notarial Acts. Section 10 corrects an internal reference in § 9611(a) of Title 9 referring to the definition of a “notarial act” located in § 4316(5) of the newly revised chapter. Section 11 adds “stamp or” in the final sentence of § 3901(e) of Title 10 to conform to the Revised Uniform Law’s newly allowed use of notary stamps as well as seals. Section 12. This Section corrects a grammatical error made in § 1112C(d) of Title 11, by Senate Bill No. 307 (151st General Assembly), by substituting “or” for “and” to allow for separate charges, convictions, or sentences in addition to those charged in § 1112C. Section 13. This Section conforms § 1254 of Title 11, as it originally appeared in House Substitute No. 1 for HB 13 (127th General Assembly) and Senate Bill No. 110 (139th General Assembly), to the Delaware Legislative Drafting Manual by designating all undesignated paragraphs. Section 14. This Section corrects an internal referenced in § 4209 (d)(3)a.3. of Title 11 as newly added in Senate Bill No. 450 (141st General Assembly). The phrase “subparagraphs (1) and (2) of this paragraph” was meant to refer to paragraphs (d)(3)a.1. and (d)(3)a.2 of the section and not to (d)(1) and (d)(2) of the section. Section 15. This Section corrects a grammatical error in § 8404(c) of Title 11 from House Bill No. 195 (151st General Assembly) by making clear that “members” of the public, and not a “member” of the public, may contribute to the development of regulations for police body-worn cameras. Section 16. This Section adds “Stamp or” to the notary signature block in § 265 of Title 12 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts, which allows use of notary stamps as well as seals. Section 17. This Section corrects an error in Senate Bill No. 13 (149th General Assembly) by removing the extraneous word “to” as it appears between “including” and “extrapolation” in § 1176(a) of Title 12. Section 18. This Section corrects an error from House Bill No. 432 (151st General Assembly) by making clear that the reference in § 8-302(b)(4) of Title 13 is to “the” mother and not to “a” mother who is a minor at the time of signing an acknowledgment of paternity. Section 19. This Section adds “Stamp or” to the notary signature block in § 131(a)(6) of Title 14 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts, which allows use of notary stamps as well as seals. Section 20. This Section corrects a typographical error in § 161A of Title 14 from House Bill No. 297 (144th General Assembly). The reference to “10 U.S.C. §§ 1209 and 1211” was intended to refer to Chapters 1209 and 1211 of Title 10 of the U.S. Code. Section 21. This Section addresses a grammatical error in § 402(1) of Title 14, from House Bill No. 270 (151st General Assembly), by correcting the erroneous statement that the Department of Education (rather than the application as defined) consists of an online or written application. Section 22. This Section conforms the language in § 1270B(c)(2) of Title 14 to that in § 1270A(c)(2) of Title 14, as both appeared in House Bill No. 133 (151st General Assembly), clarifying that in both statutes the administrator’s decision is final if the specialist and administrator do not agree. Section 23. This Section corrects a typographical error in § 1337(c)(4) of Title 14, from Senate Bill No. 100 (151st General Assembly), by substituting the “Executive Director” of the Delaware State Education Association for the “President” of that association on the Public Education Compensation Committee. It also makes format corrections based upon guidelines in the Delaware Legislative Drafting Manual. Section 24. This Section corrects a typographical error in § 1716E(i) of Title 14, from House Bill No. 100 (151st General Assembly), to clarify that the Department of Education shall promulgate rules and regulations to enforce the section, rather than the chapter. Section 25. This Section corrects a typographical error in § 1716F(h) of Title 14, from House Bill No. 300 (151st General Assembly), to clarify that the Department of Education shall promulgate rules and regulations to enforce the section, rather than the chapter. Section 26. This Section removes redundant language and corrects an internal reference in § 1917(d)(4)d. of Title 14 from Senate Bill No. 241 (151st General Assembly) to make clear which provision within § 1917(d)(1) applies to paragraph (d)(4)d. of the section. Section 27. This Section corrects a grammatical error in § 3105A(e) of Title 14 from Senate Bill No. 136 (151st General Assembly) by clarifying that (as in § 3105A(a) through (d)), the Department of Education is also responsible for enforcing § 3105A(e). Section 28. This Section corrects a grammatical error in the third sentence of § 8003(c) of Title 14 from House Bill No. 202 (150th General Assembly) by substituting “or” for “and” to prohibit assessments “or” court costs other than those specified in that statute. It also corrects an internal reference in § 8003(j) by making clear that a vehicle owner not providing the name and address of a driver who violated school bus safety laws will be held responsible under § 8003(g) of Title 14. Section 29. This Section transfers Chapter 90D of Title 14 (consisting only of § 9001D of Title 14), as enacted in Senate Bill No. 26 (151st General Assembly) and concerning live streaming of Board of Trustee meetings of higher education public institutions, to § 10008 of Title 29 within the Freedom of Information Act where it is more correctly located by topic. It also corrects internal references within new § 10008 of Title 29 to adjust for the transfer to Title 29. Section 30. This Section corrects a grammatical error in § 9219(f)(2)a. of Title 14 from Senate Bill No. 250 (151st General Assembly) by deleting a stray “an” between “assigned to” and “information technology class specifications.” Section 31. This Section corrects a grammatical error in the oath of office in § 4904 of Title 15 from Senate Bill No. 162 (143rd General Assembly). The word “to” is inserted between “disclose the same” and “the Department of Elections” in the final sentence. Sections 32 and 33. These Sections correct identical errors in both §§ 5608A(a)(2) and 5615A(a)(3) of Title 15, from Senate Bill No. 320 (151st General Assembly), by clarifying in Section 32 that the state-issued nondriver identification card “number” is the relevant identifying information that must be noted in § 5608A(a)(2) and in Section 33 that the “number” must be protected from disclosure in § 5615A(a)(3). Section 34. This Section corrects a typographical error in § 8044(a)(5)b. of Title 15, from Senate Bill No. 176 (151st General Assembly), by clarifying that paragraph (a)(5)b. is an exception to paragraph (a)(5)a. of that section and not to paragraph (a)(4)a. of that section. Section 35. This Section corrects a stylistic error in § 122(3)u. of Title 16 from House Bill No. 275 (150th General Assembly), by making a format correction based upon guidelines in the Delaware Legislative Drafting Manual, designating the undesignated paragraph in paragraph (3)u.1. as new paragraph (3)u.6. Section 36. This Section corrects an error in § 126(c) of Title 16, from Chapter 91 of Volume 43 (108th General Assembly), by conforming the promulgation of regulations to the requirements of the Administrative Procedures Act and to the present practices of the Department of Health and Social Services. Section 37. This Section updates an internal reference in § 1802(2) of Title 18, which has not been amended since its enactment by House Bill No. 218 of the 136th General Assembly, referring to Chapter 17 of Title 18 as the licensing provisions for insurance companies. Until its revision by House Bill No. 332 of the 136th General Assembly, Chapter 17 of Title 18 had been more expansive in scope, but now governs only insurance professionals. The internal reference to “Chapter 17” of Title 18 in § 1802(2) has been corrected to refer to “Chapter 5” of Title 18 which contains the general requirements for the authorization of insurers. Sections 38 and 39. These Sections correct errors from House Bill No. 386 (149th General Assembly) in §§ 3370B(b) and 3571T(b) of Title 18 (the text of which is identical as appears in Section 38 and Section 39, respectively). To conform to federal rule changes, the State shall defer to federal law to determine requirements to defray costs, rather than to the Secretary of the United States Department of Health and Human Services or its successor agency. Section 40. This Section corrects stylistic errors in § 5005(a)(6)b. of Title 18, from House Bill No. 272 (151st General Assembly), in order to conform to the requirements of the Delaware Legislative Drafting Manual. It substitutes “of this section” for the less precise “above” following “paragraphs (a)(6)a.1. and 2.” and properly identifies “§ 5005(a)(6)”as being located in “this title” rather than in “this chapter.” Section 41. This Section corrects an error from Chapter 259 of Volume 53 (121st General Assembly) by conforming § 104 of Title 19 to current practice by removing the outdated requirement that the Department of Labor formulate and have printed certificates and papers in issuing employment certificates and abstracts relating to the conditions and hours of females in the State. This requirement should only apply to the hours of child labor. Sections 42 and 43. These Sections correct errors from Senate Substitute No. 2 for Senate Bill No. 1 (151st General Assembly). Section 42 corrects a grammatical error in § 3716(a)(1)l. of Title 19, substituting “Provide” for “Providing”. Section 43 inserts “chapter” after “this” in § 3718(g) of Title 19, clarifying the Department of Labor’s authority to settle claims related to noncompliance with Chapter 37 of Title 19. Sections 44 and 45. These Sections address improper nomenclature used for reference to the Declaration of a State of Emergency issued during COVID-19. Section 44 corrects the improperly worded reference to a “State of Emergency Declaration” in § 3102(1) and (2) of Title 20 from Senate Bill No. 247 (150th General Assembly). Section 45 corrects the improperly worded reference to a “State of Emergency Declaration” in § 3156 of Title 20 from House Bill No. 216 (151st General Assembly). Section 46. This Section adds “stamp or” prior to “seal” in § 318(a) of Title 21 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts, which allows use of notary stamps as well as seals. Sections 47 and 48. These Sections correct errors from Senate Bill No. 151 (151st General Assembly) in both the present (Section 47) and future (Section 48) versions of § 2715(f) of Title 21 (the text of which are identical). It substitutes “this section” for “this subsection” to clarify that the length of issuance and fees stated throughout § 2715 must still conform to § 2611 of Title 21 for commercial motor vehicle driver’s licenses. Section 49. This Section corrects an error in § 4144 of Title 21, from Senate Bill No. 619 (128th General Assembly), by updating the requirement that drivers exercise due care despite other provisions in Chapter 41 of Title 21 by substituting “Notwithstanding any other provisions in this chapter” for “Notwithstanding the foregoing provisions in this chapter”. When enacted, § 4144 had been the final section in Chapter 41. The substitution takes into account that there are now also relevant provisions which follow § 4144 in that chapter. Section 50. This Section corrects stylistic errors § 707(a) of Title 24, from Senate Bill No. 161 (140th General Assembly), to conform to guidelines in the Delaware Legislative Drafting Manual by substituting periods for semicolons at the end of the paragraphs throughout the subsection and by correcting grammatical errors in the first sentence of § 707(a)(3) by substituting “Has not” for “Shall not have”, by removing the redundant “but not limited to” following “including”, and by substituting the more precise “and” for “and/or”. Section 51. This Section corrects errors in § 1935 of Title 24, from House Bill No. 141 (151st General Assembly) by clarifying that there are no advanced practice registered nurse licenses without full-practice authority. It does so by substituting “has” for “with” preceding “full-practice authority in the introductory paragraph of subsection (b) and by deleting the redundant “with full practice authority” following “APRNs” in subsection (c). Section 52. This Section corrects errors in § 110 of Title 25 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts (Chapter 43 of Title 29). “Stamp or” is inserted in 2 places before “seal”, and “made or” was inserted prior to “engraved”, in order to acknowledge the newly permissible use of notary stamps as well as seals. An internal reference to § 4330 of Title 29 in the newly revised chapter was also substituted for the repealed § 4309 of Title 29 in the former version of the chapter. Section 53. This Section corrects a stylistic error in § 5316(c)(10) of Title 25, from Senate Bill No. 110 (144th General Assembly). A reference to “§ 5141 of this title”, along with a list the referenced defined terms themselves, were substituted for an imprecise internal reference to “§ 5141(9) or (33) 5141 of this title”. Section 54. This Section corrects an error in § 802 of Title 29, from House Substitute No. 1 for House Bill No. 210 (146th General Assembly), by substituting a reference to the current Senate terms of office provided in “§ 806 of this title” for outdated descriptions of Senate terms of office as they existed in 2011. Sections 55 and 56. These Sections correct errors in House Bill No. 453 (151st General Assembly). Section 55, in § 901 of Title 29, restores a list of prohibited acts with regard to a bill or act of the General Assembly, which had been erroneously deleted from subsection (a), and clarifies in subsection (d) that punishment for contempt does not limit prosecution under that statute. Section 56, in § 904(a)(2) of Title 29, corrects a grammatical error by substituting “created during the amendment process” for “caused by the bill or resolution being amended”. Section 57. This Section corrects stylistic errors in § 5251 of Title 29, from Senate Substitute No. 1 for Senate Bill No. 178 (143rd General Assembly), by inserting an introductory paragraph clarifying that the defined terms within the statute apply to Chapter 52 of Title 29, by substituting “means” for “shall mean” throughout the statute, by redesignating the lettered paragraphs as numbered paragraphs, and by removing the unnecessary “(f)” after the internal reference to the defined term statute “§ 5501” of this title in paragraph (5). Section 58. This Section corrects stylistic errors in § 5290 of Title 29, from House Bill No. 336 (147th General Assembly), by inserting an introductory paragraph clarifying that the defined terms within the statute apply to Chapter 52 of Title 29, by substituting “means” for “shall mean” throughout the statute, by numbering the undesignated defined terms, and by removing the unnecessary “(e)” after the internal reference to the defined term statute “§ 5501” of this title in paragraph (4). Section 59. This Section corrects a grammatical error in § 7929(a) of Title 29, from House Bill No. 382 (151st General Assembly), by inserting “services for” between “provide” and “persons”. Section 60. This Section corrects a spelling error in the first sentence of § 8011(g) of Title 29, from House Bill No. 439 (151st General Assembly), by substituting “any other” for “another” preceding “appropriate department”. Section 61. This Section corrects a stylistic error in § 8081(a)(5) of Title 29, from House Bill No. 200 (151st General Assembly), by placing the embedded clean water project priorities in a designated paragraph list format. Section 62. This Section corrects an error in § 9003(a)(4) of Title 29, from Senate Bill No. 198 (151st General Assembly). The bill had substituted “needs” for “problems” without striking the word “problems”. This section properly strikes “problems” following “description of the child’s” in paragraph (a)(4) as originally intended. Section 63. This Section corrects an error in § 1116 of Title 30, from House Bill No. 432 (149th General Assembly), by repealing the statute. The Delaware Investment Tax Program (former subchapter X of Chapter 87A of Title 29), which created the Delaware investment credit, ceased existence when House Bill No. 432 repealed the program; however, the bill neglected to repeal § 1116 of Title 30, the Delaware investment credit section of Delaware’s personal income tax provisions. Repeal of § 1116 of Title 30 corrects the error. Sections 64 and 65. These Sections correct errors in Senate Bill No. 169 (144th General Assembly). Section 64, in § 2002(4) of Title 30, inserts “or for low and moderate income families” following “impoverished areas” as already inserted by the bill in paragraphs (2), (5), (6), (8), (10) and (11) of the statute. In Section 65, § 2004 of Title 30, the heading is made more specific by adding a reference to the “Neighborhood Assistance Act Advisory Council”, the undesignated paragraphs are designated to conform to the Delaware Legislative Drafting Manual, and grammatical errors in the first sentence of (b) are corrected by substituting “be comprised of” for “comprising” and by inserting a comma after “sectors”.AN ACT TO AMEND TITLE 3, TITLE 6, TITLE 9, TITLE 10, TITLE 11, TITLE 12, TITLE 13, TITLE 14, TITLE 15, TITLE 16, TITLE 18, TITLE 19, TITLE 20, TITLE 21, TITLE 24, TITLE 25, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HB 151 w/ HA 1SignedMorrisonThis Act expressly adds the intentional restriction of another adult’s access to economic resources resulting in a loss of financial autonomy to the definition of abuse for protection from abuse proceedings. This Act also specifies that tangible property of the petitioner includes legal documents belonging to the petitioner. In addition, this Act codifies the existing practice of Family Court to allow relief by ordering respondents to return specific legal documents. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.
SB 123SignedMantzavinosThis Act provides that any adult day care facility required to be licensed under Chapter 1 of Title 16 is subject to the existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PATIENT ABUSE.
SB 128SignedS. McBrideThis Act establishes the crime of obstruction of justice. Nearly every other state has a statutory crime of obstruction of justice and this Act is modeled on laws that prohibit intentional obstruction of justice and interference with governmental functions under federal law, Chapter 73 of Title 18 of the United States Code, and in Pennsylvania, under § 5101 of Title 18 of the Pennsylvania Criminal Code. This Act addresses actions that powerful individuals and organizations take to silence victims and witnesses and impede investigations into fraud, abuse, corruption, and white collar crime.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OBSTRUCTION OF JUSTICE.
SB 131SignedGayThis bill updates and clarifies certain provisions that have been confusing or otherwise problematic in the Investor Protection Unit’s enforcement efforts, or have otherwise become out-of-synch with federal securities law. The term “Commissioner” is a holdover from when the Investor Protection Unit was called the Securities Unit, and is no longer the correct term. It is replaced with “Director” to be consistent throughout the Act. In order to ensure consistency throughout the Act and create certainty as the applicability of rules issued pursuant to the Act, the phrase “or any rule or order hereunder” has been added after “this chapter” where it was missing. This clarifies that the Rules and orders are enforceable regardless of which statutory provision is implicated by an administrative action. This bill provides a definition of “willful” that tracks the federal definition as used in federal law and in the 1956 Uniform Securities Act, on which the Delaware Securities Act was originally patterned. The Uniform Securities Act of 1956, as amended, explains in the official code comment that “As the federal courts and the SEC have construed the term “willfully” in § 15(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78o(b): all that is required is proof that the person acted intentionally in the sense that he was aware of what he was doing. Proof of evil motive or intent to violate the law, or knowledge that the law was being violated, is not required. The principal function of the word “willfully” is thus to serve as a legislative hint of self-restraint to the Administrator.” Similarly, the definition of “security” is revised to clarify that an analysis of whether an instrument is a security should be a substance over form analysis, following the approach under federal law. Section 73-209, concerning false filings, was moved to new section 73-104 to clarify its applicability to the entire Delaware Securities Act. The heading of Section 73-201 was changed from “Fraud” to “Employment of manipulative and deceptive devices” to harmonize with that of a similar provision from the Securities Act of 1934. Section 73-207(d) was amended to clarify its applicability to securities exemptions. Section 73- 208(g) was removed as it is no longer effective. Various subsections of Section 73-302 were amended to establish clarity as to the timeline for registrations and to prevent the inadvertent approval of a registration under review by the Investor Protection Unit. Section 73-304(a)(6) is being revised to add additional securities regulators to the list of entities whose orders can be considered when determining whether to take action concerning a registrant or applicant’s registration status. Section 73-305(c)(1), which prohibits investment adviser fees based on a percentage of capital gains, is amended to allow for such fees if approved by a rule or order of the Director. This brings Delaware into harmony with federal practice, since the SEC has started allowing such a fee structure under certain circumstances, subject to periodic review of the policy. Section 73-601 is amended to clarify that there is no aggregation of violations when determining the imposition of fines; that a party seeking a hearing on a summary order must provide an answer in writing; and adds freezing accounts to the list of actions the Unit may take, which may be helpful in dealing with the increase in cryptocurrency fraud. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 6, CHAPTER 73 OF THE DELAWARE CODE TO HARMONIZE WITH FEDERAL LAW, MODERNIZE, AND CLARIFY CERTAIN PROVISIONS.
SB 133SignedBrownThe Voluntary Assessment Center was created by legislative action in 1976 (60 Del. Laws Section 509) to allow recipients of minor traffic violations to pay the fine and costs associated with the violation without the need to appear in the Justice of the Peace Court. Section 709 (i) advises that "Payment of the prescribed fine, costs, and penalty assessment is an admission of guilt, a waiver of the right to a hearing, and a complete satisfaction of the violation." Upon payment, the Court can consider the matter closed and advise the Division of Motor Vehicles of the violation for the Division's recordance purposes. Formerly, those who were unable to pay the fine in one payment were required instead to submit to a court date (which engendered additional court costs) if only to request a payment plan - a practice that seemed patently unfair. Accordingly, in 2012, the Court established a process where the Voluntary Assessment Center could accept payment of fines incrementally. Although more equitable, this new process caused unforeseen consequences. Because the current definition of payment is the total amount due, if a person makes a partial payment but does not completely pay the balance of the fine, the Court cannot consider the matter closed. The Division is not made aware of the violation and the case remains in administrative limbo. Currently, no capiases or warrants are issued for unpaid Voluntary Assessments. Instead, the Division places a flag on an individual's license and registration. It is usually only years later when an individual goes to renew their license that they respond to the Court to complete payment. Redefining payment in the definition of this section will further streamline the Court's administrative process of maintaining the record and will report to the Division the associated data in a timely manner. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES AND PAYMENT OF MOTOR VEHICLE FINES.
HB 185SignedHeffernanThis legislation prioritizes recruitment and retention of State employees by removing the 3-month waiting period for the state to pay its share of premium or subscription charges for health care coverage under § 5202 of Title 29 for benefit eligible state employees hired on or after January 1, 2024 by revising the definition of a “regular office or employee.”AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO HEALTH CARE INSURANCE AND ELIMINATION OF THE STATE SHARE WAITING PERIOD.
HB 172SignedDukesThis bill increases the amount of money the Town of Laurel is permitted to raise from levying and collecting taxes from $500,000 to $2,500,000.AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL.
SB 141SignedHuxtableThis Act establishes updated, detailed standards for the practice of hearing aid dispensing. Definitions are added to specify that the standards and requirements pertaining hearing aid dispensing apply to prescription hearing aids only and not to over-the-counter hearing aids. Hearing aid dispenser licensure requirements consist of a high school diploma, six months of on-the-job training, and a national exam. Currently, hearing aid dispensers are expressly prohibited from making medical diagnoses or audiologic evaluations, as set forth in 24 Del. C. § 3702(7). Input from stakeholders demonstrated that HADs were practicing outside the permissible scope of practice. Impermissible activities include cerumen management (wax removal), which is considered invasive, and treating tinnitus (ringing in the ears), which can indicate more complex medical issues. These conditions are appropriately treated by a physician, preferably a hearing specialist. Further, HADs frequently use medical diagnosis codes to ensure payment from insurance carriers, which conflicts with the medical diagnosis prohibition in the current law. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. This Act also clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree and successful completion of a national licensure examination. This Act clarifies that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act further amends provisions relating to examinations to comport with current practice. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS, AND HEARING AID DISPENSERS.
SB 154 w/ SA 1SignedPettyjohnThis Act repeals the sunset of the Focus on Alternative Skills Training Program, which provides tuition for an eligible individual to attend an approved nondegree credit certificate program that provides industry-accepted skill training and certification. AN ACT TO AMEND CHAPTER 211, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO THE FOCUS ON ALTERNATIVE SKILLS TRAINING PROGRAM.
HS 2 for HB 142SignedMorrisonThis bill precludes the so-called LGBTQ+ "panic" defense that seeks to partially or completely excuse or justify a defendant from full accountability for the commission of a crime on the grounds that the actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth of the victim is sufficient to explain, excuse, or justify the defendant's conduct, or contributes to or causes the defendant's mental state, or that the defendant’s reaction thereto constitutes a mental illness, mental defect, or mental disorder sufficient to excuse or justify the defendant's conduct (including under circumstances in which the victim made a nonviolent romantic or sexual advance toward the defendant or in which the defendant and the victim dated or had a romantic or sexual relationship). Sections 1 and 3 of this bill move the definitions for gender identity and sexual orientation currently in the hate crimes statute to the general definitions section of the Criminal Code to maintain standard definitions of these terms throughout the Criminal Code. Section 2 of this bill provides that in any prosecution or sentencing for an offense: (i) a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; (ii) for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; and (iii) a defendant does not suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant’s mental state relating to any questions of intent, knowledge, capacity to appreciate the wrongfulness of the defendant's conduct, disturbance of the defendant's thinking, feeling or behavior, culpability, willpower to choose whether to do or refrain from doing an act, or ability to distinguish right from wrong, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth. This bill does not preclude a defendant from availing themself of any defense permitted by the Delaware Criminal Code or other applicable Delaware law on bases other than those specifically precluded by this bill. This House Substitute No. 2 differs from the original in that it corrects the omission of the phrase “or sentencing” in § 472(a), (b), and (c). AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE
HB 208SignedLambertThis Act prohibits motor vehicle lessors from including licensing, title, registration, and plate fees as a separately stated mandatory charge in a rental agreement. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE RENTAL AGREEMENTS.
SB 167SignedPinkneyThis Act establishes a wellness program designed to improve the well-being of first responders and first responders’ immediate family members, as well as civilian employees of police, fire, and emergency medical services agencies and their immediate family members, through the provision of wellness program services by trained peer support members. Wellness program services may include counseling, spiritual guidance, and education about financial resources, health resources, legal assistance, and stress management services. This Act extends the confidentiality privileges to include communications made by a first responder, the first responder’s immediate family member, a civilian employee, or a civilian employee’s immediate family member, to a trained peer support member providing wellness program services though a state, county, or municipal law-enforcement, fire, or emergency medical agency’s wellness program. This Act adds chaplains to definition of “first responders”. This Act defines “civilian employee”. This Act updates the definitions section to account for the creation of the wellness program. This Act also revises the confidentiality exception in § 4319(d)(4) of Title 10. In current Code, the exception applies in certain instances where the first offender uses critical incident stress management (CISM) services to commit or attempt to commit “a crime or fraud or mental or physical injury to the first responder who received critical incident stress management services or another individual”. This Act replaces the quoted phrase with “‘crime’, as defined under § 233 of Title 11, or fraud.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The technical changes include combining the privileges to refuse to disclose any matter and refuse to produce any object or record that are covered in § 4319(b) and (c) of Title 11 in current Code into a single subsection, § 4319(b) of Title 10. This Act updates subsection (c) so that it only contains 1 subject: that the privileges in subsection (b) only apply if the proceedings, communications, or records, including information, are obtained during the provision of critical incident stress management (CISM) services or wellness program services. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CONFIDENTIAL COMMUNICATIONS INVOLVING FIRST RESPONDERS, CIVILIAN EMPLOYEES, OR THEIR FAMILIES.
SB 168SignedHuxtableThis Act does all of the following: (1) Adds a requirement that, in order for a veterinarian to practice veterinary medicine, a relationship among the veterinarian, the client, and the patient must be established and maintained. The majority of states mandate the existence of a veterinarian-client-patient relationship as a prerequisite to treating an animal and such requirement is critical to the health of animals. This requirement is also consistent with Food and Drug Administration standards. (2) Adds a licensure exemption for veterinarians and veterinary technicians who want to practice in Delaware in connection with a State emergency. (3) Strikes a provision that allows issuance of a temporary permit to practice veterinary medicine to an individual who has not passed the licensing examination and also requires compliance with reciprocity requirements. These two requirements, taken together, cannot be met, and consequently, the section is very confusing and misleading. Temporary licenses will still be available for veterinarians where the applicant is either being considered for licensure under the reciprocity provision or is eligible to take the licensure examination. (4) Strikes the 7 year grandfathering provision, which was adopted when the Board first began to license veterinary technicians, and which is now expired. (5) Allows veterinary technicians to obtain temporary licenses pending passing of the licensure examination. (6) Gives the Board the authority to impose monetary penalties on licensees who are found to have committed regulatory or statutory violations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act comes from the Division of Professional Regulation and has been approved by the Board of Veterinary Medicine.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO VETERINARY MEDICINE.
SS 1 for SB 107SignedLawsonThis Act clarifies that in calculating the document fee to be paid by the owner upon the sale, transfer, or registration of a park trailer, the owner shall be allowed to demonstrate the fair market value of the park trailer through an appraisal by a Delaware dealer authorized to provide an appraisal for park trailer models. This Act also excludes furnishings, site modifications, geographical location, and other items that are not related to the actual value of the park trailer from being included in the calculation. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE DOCUMENTATION FEE.
HS 1 for HB 193SignedHeffernanIn 2016, the General Assembly passed HB 404, the Concussion Protection in Youth Athletic Activities Act (CPYAAA). This Act clarifies the requirements of CPYAAA and enables the Division of Public Health, in consultation with the State Council for Persons with Disabilities, to promulgate regulations to broadly implement the Act. This Amendment adds the requirement for non-scholastic athletic activity organizations to develop policies and procedures for advising athletes, coaches, officials, parents, and guardians of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion, as well as providing information about returning to academic and athletic events or activities after sustaining a concussion.AN ACT TO AMEND TITLES 14 AND 16 OF THE DELAWARE CODE RELATING TO CONCUSSION PROTECTION IN YOUTH ATHLETIC ACTIVITES.
SB 192SignedSokolaIn 2015, the General Assembly, in Chapter 28 of Volume 80 of the Laws of Delaware, designated as subsection (d) the last sentence of § 4201(c) of Title 11 regarding attempts to commit a felony listed as a violent felony (“the last sentence”). The clear intent of the 2015 legislation was to make a technical correction, not to make a substantive change. However, the General Assembly should have designated the last sentence as paragraph (c)(2), as the intent of the General Assembly was to maintain the connection between the violent felony list and the last sentence, such that citations to § 4201(c) of Title 11 were intended to reference both the violent felony list and the last sentence. This Act makes a technical correction of this inadvertent Delaware Code designation error.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CLASSIFICATION OF OFFENSES.

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