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HB 74 w/ HA 1

By legis.delaware.gov
Published On :: Fri, 26 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING DISSEMINATION OF PERSONAL INFORMATION.

This bill enables a key component of the Take Care Delaware program, a partnership between law enforcement and schools to adopt a trauma-informed approach to children who have been identified at the scene of a traumatic event. The Take Care Delaware program, which will start as a pilot, operates by a police officer or emergency-care provider alerting a child’s school about the child’s presence at a traumatic event that the police officer or emergency-care provider responded to. In order to avoid violations of the State Bureau of Investigation’s dissemination statute and the Victim’s Bill of Rights in Title 11, this bill creates a narrow exception to both statutes that allows police officers and emergency-care providers to send the child’s name to their school district or charter school so that the child’s teachers can ensure the child is handled in a trauma-informed way. The Take Care Delaware program is based on the national “Handle With Care” model and includes training and other best practices for law enforcement and schools to prevent and mitigate the negative impact of childhood exposure to trauma.


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HB 130 w/ HA 1, HA 5

By legis.delaware.gov
Published On :: Mon, 29 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.

This bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out.


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  • Delaware - Signed
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SS 1 for SB 5 w/ SA 1

By legis.delaware.gov
Published On :: Mon, 29 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.

This Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund (“LIEF”), funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-on and carry-out facility. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute to Senate Bill No. 5 makes the following changes: • Clearly labels “littering” as a category of unlawful activity distinct from “dumping.” • Adds State parks, State forestry areas, State fish and wildlife areas, federal wildlife refuges, and lands within the State that are administered by the U.S. Department of Interior, National Park Service, to the list of areas that trigger enhanced penalties. • Establishes LIEF as a subaccount to the already-existing Special Law Enforcement Assistance Fund (“SLEAF”) under Subchapter II, Chapter 41, Title 11. • Requires disbursement of LIEF funds to follow the disbursement procedures already established for SLEAF. • Clarifies that the voluntary assessment alternative applies only to littering offenses. The penalty for dumping includes a mandatory community service obligation, so voluntary assessment cannot apply to dumping. • Updates language to allow courts to accept methods other than check or money order to make payments under this Act.


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  • Delaware - Signed
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SB 121 w/ SA 1

By legis.delaware.gov
Published On :: Tue, 30 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This Act makes necessary changes to Delaware’s election laws based on the State’s purchase of new voting devices and establishes auditing requirements for the voting devices. The new voting devices will function differently than the existing voting devices and so election law must be updated to conform the law. The new voting devices allow each voter to view a paper ballot with the voter’s selections under glass for the voter to approve before pressing the final button to vote. This Act requires the Department of Elections (“Department”) to audit the results of primary, general, and school board elections and establishes the procedure to be used by the Department. This Act also requires the Department to adopt regulations to govern the procedure to be used if an audit reveals a discrepancy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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SB 45 w/ SA 1

By legis.delaware.gov
Published On :: Wed, 31 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.

Under current law, the possession, use, or consumption of a personal use quantity of marijuana remains a crime for those under the age of 21 despite being a civil violation for adults. This Act makes the possession, use, or consumption of a personal use quantity of marijuana a civil violation for juveniles. This Act also makes conforming amendments to subsection (i), regarding expungement of a single criminal offense under subsection (c), as, after the effective date of this Act, subsection (c) will no longer contain a criminal offense.


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  • Delaware - Signed
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SB 61 w/ HA 1

By legis.delaware.gov
Published On :: Wed, 31 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TRANSPORTATION.

State economic development officials pursue economic development opportunities that, if realized, would have significant impact on Delaware's future economic health and competitiveness. Such situations frequently require expeditious action and the need to enhance Delaware's transportation infrastructure on a timeline and schedule that is outside the 6 year Capital Transportation Program. To meet these challenges, this Act establishes the Transportation Infrastructure Investment Fund to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order to attract new businesses to Delaware, or for the expansion of existing Delaware businesses, when such an economic development opportunity would create a significant number of direct, permanent, quality, full-time jobs.


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  • Delaware - Signed
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HB 58 w/ HA 1

By legis.delaware.gov
Published On :: Wed, 31 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING INCENTIVE PROGRAM.

This act will increase the numbers of Delaware nursing students eligible for the nursing incentive program by allowing Delawareans pursuing nursing careers at non-profit hospitals located in Delaware to be eligible for the program.


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  • Delaware - Signed
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HB 209 w/ HA 1

By legis.delaware.gov
Published On :: Wed, 31 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CENTRAL CONTRACTING.

This legislation expands the list of central contracts currently available to be accessed by state agencies and other allowed organizations to include professional services contracts. The legislation also adds local governments to the list of organizations that can access central contracts.


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  • Delaware - Signed
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HB 95 w/ SA 1

By legis.delaware.gov
Published On :: Wed, 31 Jul 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELECTRIC COOPERATIVE CAPITAL CREDITS.

This Act expands the permitted uses of unclaimed electric cooperative capital credits to include investments in energy services for low income members and energy efficiency, renewable energy, battery storage, electrification and emerging energy technology programs. The bill also amends the annual reporting requirements to include an itemization of the amount allocated each year to low income assistance, energy efficiency and renewable technologies, and non-profit donations.


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  • Delaware - Signed
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SB 153 w/ SA 1

By legis.delaware.gov
Published On :: Mon, 05 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION TO ESTABLISH A STATEWIDE SHARED TECHNOLOGY SERVICES MODEL TO FACILITATE DIGITAL GOVERNMENT FOR CITIZENS, INCREASE EFFICIENCY, AND CONTROL SECURITY RISKS.

This legislation is based on information technology (“IT”) recommendations of the Government Efficiency and Accountability Review (“GEAR”) Board established by Governor Carney’s Executive Order Four. This act modernizes Chapter 90C of Title 29 of the Delaware Code and authorizes the establishment of a shared IT services model for state agencies. The shared services model centralizes the following duties and related executive branch personnel under DTI: technology end user support, cyber security, network management, server management, data management, IT project management, software application development/support, IT procurement oversight, IT fiscal planning, IT standards, and technology governance. This bill also reconstitutes the Technology Investment Council to increase state agency representation. The bill authorizes DTI to establish a transparent chargeback process for technology services in coordination with the Director of the Office of Management and Budget and the Controller General. In addition to facilitating the delivery of technology services in a consistent and comprehensive manner, technology centralization will position the State to stay abreast of technologies to enable innovation and enhance services to Delawareans. IT centralization also supports regulatory compliance requirements (e.g. IRS, CJIS), network and data security, and provides controls for the overall State IT landscape and spend.


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  • Delaware - Signed
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SB 166 w/ HA 1

By legis.delaware.gov
Published On :: Tue, 06 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS AND TRANSPORTATION.

This Act encourages school districts and charter schools to cooperate to ensure that State appropriations for school transportation are used efficiently by doing the following: 1. Codifies the Department of Education's current practice of establishing a formula, with approval of the State Board of Education, to determine appropriate transportation funds for each school district and charter school and providing a percentage of that amount to the school district and charter school. 2. Permits charter schools to enter into contracts with transportation contractors for multiple years. 3. Permits charter schools to collaborate with other local education agencies to publically bid transportation routes, to establish the safest and most cost-effective bus routes available. 4. Allows school districts and charter schools to purchase and provide annual bus passes for students to use on fixed route public transit to address the short supply of public school bus transportation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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HB 30 w/ HA 1

By legis.delaware.gov
Published On :: Thu, 08 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS.

Unmanned aircraft systems are capable of introducing contraband into detention facilities without undergoing correctional officer inspections. This bill seeks to prohibit the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone.


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  • Delaware - Signed
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HB 7 w/ HA 1

By legis.delaware.gov
Published On :: Mon, 12 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

This Bill modifies the impact of criminal history on an applicant’s eligibility for licensure and thereby removes certain barriers to employment. It gives the Board the discretion to grant a waiver of a felony conviction for a crime committed against a person where more than 3 years have elapsed since the date of conviction, and for all other felonies, more than 2 years have elapsed since the date of conviction. The Board will be precluded from considering a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time. The statute already prohibits licensure to anyone that has a felony sexual offense conviction.


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  • Delaware - Signed
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SB 113 w/ SA 1

By legis.delaware.gov
Published On :: Mon, 12 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.

This Act results from the Joint Legislative Oversight and Sunset Committee's review of the Hazardous Substance Cleanup Act Fund (“HSCA Fund”). Section 1 of the Act, which will take effect on January 1, 2021, provides that the Fund's 15% cap on administrative costs expenditures must be based on the average of the moneys deposited into the Fund over a period of the previous 10 fiscal years. The HSCA Fund tax assessment is due to expire on January 1, 2022. Section 2 of this Act removes the expiration date to ensure continued funding for the Brownfields Development Program and to address environmental liabilities assumed by the State.


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  • Delaware - Signed
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SB 73 w/ SA 1

By legis.delaware.gov
Published On :: Mon, 12 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 1 AND TITLE 4 OF THE DELAWARE CODE RELATING TO THE STANDARD TIME FOR THIS STATE.

Daylight saving time has existed in one form or another for over 100 years. In that time, Delawareans have become accustomed to the 8 months of daylight saving time each year. This Act provides for Delaware to permanently remain on daylight saving time. This Act achieves this by doing the following: (1) Requiring, in Section 4 of this Act, that the Governor request that the United States Secretary of Transportation place Delaware in the Atlantic standard time zone if Pennsylvania, New Jersey, and Maryland each enact a law requesting the Secretary to place their respective state in the Atlantic standard time zone. The Secretary is authorized under 15 U.S.C. § 261 to define the limits of each time zone and thus may place Delaware in the Atlantic standard time zone. (2) Exercising, in Section 2 of this Act, the discretion granted to Delaware under 15 U.S.C. § 260a to exclude itself from daylight saving time. Section 5 of this Act makes clear that this exclusion takes effect on the first Sunday in November once the United States Secretary of Transportation places Delaware in the Atlantic standard time zone. This results in Delaware permanently remaining 1 hour ahead of eastern standard time.


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  • Delaware - Signed
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HB 220 w/ HA 1, HA 2

By legis.delaware.gov
Published On :: Tue, 13 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR DRUG AND ALCOHOL DEPENDENCY AND MEDICATION ASSISTED TREATMENT.

This Act adds coverage for Medication Assisted Treatment ("MAT") for drug and alcohol dependencies to the mental health parity laws for health insurance. This Act requires health insurance carriers to provide coverage for prescription medications approved by the U.S. Food and Drug Administration for MAT at no greater financial burden than for prescription medication for other illness or disease, without step therapy requirements, and at the lowest tier of the drug formulary. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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SB 32 w/ SA 1

By legis.delaware.gov
Published On :: Wed, 14 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING PATIENT BROKERING.

This Act prohibits the practice known as patient brokering, which is the practice where patient brokers are paid a fee to place insured people in treatment centers so that the treatment centers receive thousands of dollars in insurance claim payments for each patient. Increasingly, patient brokers fraudulently enroll patients in low-deductible health plans with out-of-network treatment benefits. Patient brokers target individuals with substance use disorders, who are told that they are receiving their treatment through a scholarship. Not only does this perpetrate fraud against insurers, when insurance plans are terminated for nonpayment of the premium, individuals are discharged from the treatment program with no services or housing and often in a state that is far from home.


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  • Delaware - Signed
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HB 65 w/ HA 2

By legis.delaware.gov
Published On :: Tue, 20 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.


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  • Delaware - Signed
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SB 138 w/ SA 1

By legis.delaware.gov
Published On :: Tue, 20 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION.

This Act is the result of the Joint Legislative Oversight and Sunset Committee’s review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and does the following: - Clarifies that no more than 2 members may represent any 1 membership qualification. - Adds 2 nonvoting members, a representative from the Department of Education and a student enrolled in a career and technical education (“CTE”) program. - Removes the requirement that the chair represent the private sector. - Limits the chair to 2, 5-year terms. - Requires DACCTE to submit an annual report that includes advocacy efforts, a needs assessment for statewide CTE programming, and reports from on-site school monitoring visits. - Requires at least 3 meetings per year take place after regular business hours and in each of the 3 counties. - Adds quorum and member removal provisions. - Conforms existing law to the drafting standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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SB 63 w/ SA 1

By legis.delaware.gov
Published On :: Tue, 20 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE EQUAL ACCOMMODATIONS LAW.

The Delaware Equal Accommodations Law, Chapter 45 of Title 6 of the Delaware Code, prevents discrimination against people because of their race, age, marital status, creed, color, sex, disability, sexual orientation, gender identity, or national origin. This Act enhances the protections under the Delaware Equal Accommodations Law by prohibiting retaliatory discrimination against an individual for either of the following: (1) Opposing an act or practice that is an unlawful practice under the Delaware Equal Accommodations Law. (2) Making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing to enforce the Delaware Equal Accommodations Law.


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  • Delaware - Signed
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SB 15 w/ SA 1

By legis.delaware.gov
Published On :: Wed, 21 Aug 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE.

This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.


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  • Delaware - Signed
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HB 239 w/ HA 1

By legis.delaware.gov
Published On :: Tue, 10 Sep 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFORMED CONSENT.

This Act prohibits a pelvic, rectal, or prostate examination by a health care practitioner or professional on an individual who is anesthetized or unconscious. This Act provides exceptions and they are if informed consent is provided, the examination is for diagnostic or treatment purposes, an emergency exists and the examination is necessary, or the examination is ordered by a court. The Act also defines informed consent as a signing of a consent form that is written in plain language, is dated, includes a description of the procedure to be performed and states that a medical student or resident may perform or be present during the examination. Finally, this Act provides that a health-care practitioner or professional who violates the section may be subject to discipline by the appropriate professional licensing board.


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  • Delaware - Signed
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SS 1 for SB 24 w/ SA 1

By legis.delaware.gov
Published On :: Tue, 10 Sep 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.

This Substitute differs from Senate Bill No. 24 by requiring a patient to apply for a compassionate use medical marijuana card when a doctor recommends medical marijuana to a patient who does not have a qualifying debilitating medical condition. To apply for a compassionate use card, this Substitute requires: 1. The patient, or it under age 18, the patient’s parent or legal guardian, submit a signed statement attesting to the patient's informed consent to try a treatment that does not have medical evidence of effectiveness. 2. The patient’s physician certify that the patient has a severe and debilitating condition, current standard care practices and treatments have been exhausted, and there are grounds to support that the patient may benefit from this treatment. The physician must periodically re-evaluate the efficacy of the medical marijuana treatment. This Substitute also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and compassionate use patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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SB 47 w/ SA 1

By legis.delaware.gov
Published On :: Mon, 16 Sep 2019 00:00:00 -0400

AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

This Act simplifies Delaware’s drug code with a goal of providing more fairness in its application. This Act removes geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas. This Act reduces the number of weight tiers from 5 to 3 with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. This Act reflects the reality that the road to recovery from a drug addiction is difficult by removing automatic sentence enhancements based on prior drug offenses, and instead allowing discretion during sentencing to determine when a repeat offender requires substantive additional penalty. Specifically, Sections 1 through 14 of this Act do the following: (1) Eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property. (2) Eliminate enhancements based on the commission of prior drug offenses. (3) Simplify Delaware’s controlled substance laws by reducing the number of weight tiers that are used to categorize the severity of controlled substance offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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HB 77 w/ HA 1

By legis.delaware.gov
Published On :: Mon, 16 Sep 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BURGLARY.

This Act aims to make the burglary section of Delaware’s Criminal Code simpler and fairer. The Act consolidates the crime of home invasion with existing burglary statutes. Furthermore, this Act recognizes the sanctity of the home and the varied schedules of 21st century homeowners by treating the burglary of an occupied dwelling the same whether the crime occurs during daytime or nighttime hours. The Act removes minimum mandatory sentences for some conduct, but preserves for home invasion a 6 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Finally, the Act eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.


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  • Delaware - Signed
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HB 78 w/ HA 1

By legis.delaware.gov
Published On :: Mon, 16 Sep 2019 00:00:00 -0400

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.

This Act aims to make the robbery section of Delaware’s Criminal Code simpler and fairer. The Act deletes the carjacking sections and embeds them within the existing robbery statutes to remove duplication from the code. Under this Act, robbery in the first degree includes the theft of a vehicle where there is physical injury or the use, a display or threat of a deadly weapon or death which is a Class B felony; this carries a 3 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Robbery in the Second Degree, a Class E felony, is elevated to a Class D felony if the theft involves a vehicle and elements that pose additional risk to public safety. The Act removes minimum mandatory sentences for some conduct and eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.


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  • Delaware - Signed
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SB 109 w/ SA 2

By legis.delaware.gov
Published On :: Wed, 06 Nov 2019 00:00:00 -0500

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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SB 200 w/ SA 1

By legis.delaware.gov
Published On :: Mon, 10 Feb 2020 00:00:00 -0500

AN ACT TO AMEND THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK.

This Act supports the ongoing work of the Primary Care Reform Collaborative to achieve better health for Delawareans at a lower cost by facilitating the sharing of de-identified health expenditure information and fostering transparency that is critical to the effective delivery of primary care in Delaware. Specifically, this Act requires the Delaware Health Information Network (DHIN) to provide access to the Delaware Health Care Claims Database to 2 additional state agencies, the Department of Insurance and Delaware Health Care Commission. In adding these state agencies to the existing list, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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HB 118 w/ HA 1, HA 2, HA 3

By legis.delaware.gov
Published On :: Mon, 10 Feb 2020 00:00:00 -0500

AN ACT TO AMEND TITLE 9 PART IV OF THE DELAWARE CODE RELATING TO PROPERTY MAINTENANCE.

This Act enables Sussex County to establish ordinances, rules, and regulations regarding property maintenance and penalties for violations of said ordinances, rules, and regulations.


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  • Delaware - Signed
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HB 87 w/ HA 2, HA 3, HA 1

By legis.delaware.gov
Published On :: Mon, 10 Feb 2020 00:00:00 -0500

AN ACT TO AMEND TITLE 9 PART III OF THE DELAWARE CODE RELATED TO PROPERTY MAINTENANCE.

This Act enables Kent County to establish regulations regarding property maintenance and penalties for violations of said regulations.


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  • Delaware - Signed
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HB 178 w/ HA 1

By legis.delaware.gov
Published On :: Mon, 10 Feb 2020 00:00:00 -0500

AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO LIENS FOR TAXES ASSESSED AGAINST REAL PROPERTY.

This Act reconciles discrepancies between § 8705 of Title 9 of the Delaware Code and § 2903 of Title 25 of the Delaware Code, clarifying that all taxes assessed against real estate by Kent or Sussex Counties are governed by § 8705 of Title 9 and that the date on which Sussex County considers a tax delinquent is July 1. The Act also clarifies that the duration of a lien for municipal taxes for a municipalities in Kent and Sussex Counties is 10 years unless a period greater than 10 years is provided for in the municipality’s charter.


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  • Delaware - Signed
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HB 212 w/ HA 1 + SA 1 + HA 5, HA 1 to HA 5 + SA 2, SA 3

By legis.delaware.gov
Published On :: Thu, 20 Feb 2020 00:00:00 -0500

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL.

This bill defines “industrial landfill” in conformity with the Department of Natural Resources and Environmental Control’s Regulations Governing Solid Waste. This bill also establishes a height restriction, or vertical limit, for an industrial landfill at 130 feet above the mean sea level of the area.


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  • Delaware - Signed
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SB 195 w/ SA 1

By legis.delaware.gov
Published On :: Tue, 25 Feb 2020 00:00:00 -0500

AN ACT TO AMEND THE CHARTER OF GREENWOOD.

This Act revises the Charter of Greenwood as follows: Section 1. Revises the procedures used by the Town to annex property. Section 2. Authorizes the Town to cancel Town Council meetings and authorizes the use of electronic communication methods to notify council members of special meetings. Section 3. Clarifies that a majority vote is needed for the Town Council to take action. Quorum is calculated based on a majority of all the sitting council members, exclusive of any vacant council seats. Section 4. Clarifies that the Town documents its proceedings via meeting minutes. Section 5. Sets $50,000 as the maximum contract amount that the Town can enter into without public bidding and clarifies the Town’s procedures for evaluating bids and awarding contracts. Section 6. Specifies that the Mayor may vote on all matters, not just when there is a tie vote, revises the Mayor’s duties, and establishes procedures for appointing individuals to committees. Section 7. Updates the duties of the Town Council Secretary. Section 8. Revises the terms of employment for the Town Manager and other employees. This section clarifies that town employees, except for the town manager and police department employees, are at will employees that are hired for an indefinite employment term. This section also eliminates duties of the Town Manager that are obsolete and clarifies that the Town Manager does not have to serve as the Town Treasurer. Section 9. Eliminates the need of the town solicitor to have an office in Sussex County. Section 10. Revises the terms of employment for the Chief of Police, including the possibility of the Chief of Police having an employment contact. Section 11. Updates the Town’s debt collection procedures to clarify the outstanding charges that can be added to tax bills and collected. This section also limits the maximum interest rate on delinquent amounts to 1.5% per month. Section 12. Eliminates duplicate language and requires the Town Council to adopt a resolution approving the final assessment list, including all additions to tax bills. This section also clarifies that the annual tax list includes additions to tax bills incorporated into the annual assessment list. Section 13. Authorizes the amount of outstanding debts to remain a lien against a property beyond the 10 year time limit if the property is still owned by the same owner against whom the charges were originally assessed. The section enlarges the time for paying taxes to 60 days and reduces the penalty for unpaid taxes to 1.5% per month. This section also clarifies the collection costs that can be recovered by the Town and eliminates obsolete collection procedures. Section 14. Eliminates the Town’s ability to regulate activities on the Sabbath Day and clarifies the Town’s ability to establish fines and penalties for outstanding water and sewer accounts. Section 15. Repeals existing procedures for opening and closing streets and enacts simpler procedures for the Town to follow. Section 16. Clarifies the Town’s ability to install new sidewalks. Section 17. Adds additional purposes for which the Town may borrow money and requires public hearing details to be included in a resolution proposing to borrow the money. This section also provides more detail on the procedures to follow when holding a special election to vote on the town borrowing money and creates procedures and authority for the Town to borrow up to $100,000 without going through the public hearing process. It also authorizes the Town to publish a notice of the borrowing that gives members of the public 60 days to challenge the borrowing. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.


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  • Delaware - Signed
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HB 152 w/ HA 1

By legis.delaware.gov
Published On :: Tue, 25 Feb 2020 00:00:00 -0500

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO IGNITION INTERLOCK DEVICE REQUIREMENTS.

In 2014, the General Assembly created an ignition interlock device program under §§ 4177C and 4177G of Title 21 of the Delaware Code (“IID program”). The IID program provides individuals whose license or driving privileges have been revoked following a conviction for driving under the influence of alcohol or drugs the ability to drive during their revocation period while putting measures in place to protect the public. This Act closes a loophole in the IID program that allows a person to avoid installing an IID in certain circumstance and makes changes to §§ 4177C and 4177G to ensure the provisions are consistent and operate in harmony with each other. This Act also adds a provision clarifying the process for the reinstatement of an individual’s license or driving privileges after the individual has been disqualified from the IID program. Finally, this Act makes numerous technical corrections to conform existing law to the standards of the Delaware Legislation Drafting Manual, including to ensure consistency of language throughout the provisions included in this Act.


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  • Delaware - Signed
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SB 139 w/ SA 1 + HA 4, HA 5

By legis.delaware.gov
Published On :: Wed, 11 Mar 2020 00:00:00 -0400

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.

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.


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  • Delaware - Signed
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HB 202 w/ HA 1

By legis.delaware.gov
Published On :: Fri, 01 May 2020 00:00:00 -0400

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RED CLAY CONSOLIDATED SCHOOL DISTRICT BUS SAFETY CAMERA PILOT PROGRAM.

This bill creates a pilot program for the Red Clay School District to utilize external camera systems on their school buses to catch motorists that illegally pass school buses and to punish these motorists by issuing them a civil penalty. The purpose of this bill is to protect children as they are in the process of boarding and exiting the school bus and to spread awareness of school bus traffic safety. At least 16 states have implemented similar legislation, including Pennsylvania in 2018. As Red Clay School District already has these cameras in operation, this program grants the authority to begin issuing violations to motorist that illegally pass school buses in their district.


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  • Delaware - Signed
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Extending Excel with Python and SAS Viya

By feedproxy.google.com
Published On :: Fri, 03 Apr 2020 01:14:03 +0000

Whether you like it or not, Microsoft Excel is still a big hit in the data analysis world. From small to big customers, we still see fit for daily routines such as filtering, generating plots, calculating items on ad-hoc analysis or even running statistical models. Whenever I talk to customers, [...]

Extending Excel with Python and SAS Viya was published on SAS Users.


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Working remotely? A list of 5 ways to spend your down time

By feedproxy.google.com
Published On :: Tue, 07 Apr 2020 13:20:26 +0000

As many of us are learning to navigate the changing world we are living in amid the COVID-19 outbreak, and as we care for our loved ones, friends, and our community, many of us now find ourselves working and studying from home much more than we did before. As an [...]

Working remotely? A list of 5 ways to spend your down time was published on SAS Users.


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Getting Started with Python Integration to SAS® Viya® - Part 1 - Making a Connection

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Published On :: Wed, 15 Apr 2020 12:10:59 +0000

Welcome to the first post for the Getting Started with Python Integration to SAS Viya series! With the popularity of the Python programming language for data analysis and SAS Viya's ability to integrate with Python, I thought, why not create tutorials for users integrating the two? To begin the series [...]

Getting Started with Python Integration to SAS® Viya® - Part 1 - Making a Connection was published on SAS Users.


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Inspire wonder in kids learning from home

By feedproxy.google.com
Published On :: Thu, 16 Apr 2020 12:00:06 +0000

With stay-at-home orders in place, parents around the world are balancing quality family time with working remotely. Many children are engaged in online learning activities and other parents are trying to find meaningful experiences for their kids while they’re away from traditional learning environments. It can be an overwhelming task [...]

Inspire wonder in kids learning from home was published on SAS Voices by Lee Ellen Harmer


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Celebrate Earth Day virtually with your teen: Deforestation meets AI

By feedproxy.google.com
Published On :: Tue, 21 Apr 2020 12:00:14 +0000

Ever thought you could help save the rainforest without ever visiting the rainforest? Probably not, but now is your chance, and you can use it as your way to give back this Earth Day. This year, Earth Day celebrations will look different for everyone as we work to find meaningful [...]

Celebrate Earth Day virtually with your teen: Deforestation meets AI was published on SAS Voices by Lucy Kosturko


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How analytics is helping state governments head off unemployment claims fraud

By feedproxy.google.com
Published On :: Fri, 24 Apr 2020 12:00:03 +0000

If you’re in state government, you're well aware of the unprecedented challenges that come with off-the-charts unemployment numbers due to COVID-19. Crashing websites at state unemployment insurance offices and multi-hour phone hold times for the millions of people who've lost their income due to the pandemic are only the most [...]

How analytics is helping state governments head off unemployment claims fraud was published on SAS Voices by Carl Hammersburg


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Increase employee safety with production planning optimization 

By feedproxy.google.com
Published On :: Mon, 27 Apr 2020 11:52:19 +0000

Many of us are currently working from home and getting adjusted to this new way of working. If you’re an employee working on the shop floor of a manufacturing facility, however, working from home is not an option. Among the many hard decisions manufacturing leaders have had to make during [...]

Increase employee safety with production planning optimization  was published on SAS Voices by Chris Hartmann


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IPC, 1860 - Case Law - Section 375 - Tuka Ram and Anr. vs. State of Maharashtra

By www.lawyersclubindia.com
Published On ::

Supreme Court overturned HC’s decision of convicting the men on the grounds that the HC had erred in accepting the argument of “passive submission” as there was no fear or apparent threat. Supreme Court further added that since “no marks of injury” were found on Mathura’s body there was “no resistance” on her part and since she did not “raise an alarm” for help she “consented to sex.”The Apex Court acquitted both the accused stating that this alleged intercourse was a “peaceful affair”.


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Whether Respondents were liable for pollution caused by sinking of ship and oil spill in Territorial Water of country

By www.lawyersclubindia.com
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The Tribunal held that Respondents 5,6,7 and 11 were negligent and the element of Mens rea could be traced as the Respondents did not follow the Principle of Due Diligence pre-voyage and they directed the ship to continue its voyage even though one of the pumps and generator of the ship had been nonfunctional and according to the principle of polluter pays, Respondents 5,7 and 11 were liable to pay environmental compensation.


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DV Act S. 2(f) - Case Law - Possibility of legal marriage is a necessary condition for a domestic relationship - Reshma Begum vs. State of Maharashtra and another

By www.lawyersclubindia.com
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An analysis of SC judgments in Veluswamy case [AIR 2011 SC 479] and IndraSarma case [AIR 2014 SC 309] reveals that not all live-in relationships are to be deemed as a “relationship in the nature of marriage” u/s 2(f) of the DV Act. The wider interpretation of the term is aimed at welfare of unmarried women in live-in relationships who are left estranged or abused; but not at promoting adulterous relationships. The benefits provided under the Act are to be interpreted harmoniously, not violating penal provisions of adultery. Since, the applicant admitted the existence of her first marriage, negating the possibility of a legal marriage between the two contesting parties, revision was dismissed stating no “domestic relationship” subsists between them.


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DV Act S. 2(q) - Case Law - Females can be respondents in DV complaints - Sandhya Wankhede vs. Manoj Bhimrao Wankhede and others (2011) 3 SCC 650

By www.lawyersclubindia.com
Published On ::

Although the main body of Section 2(q) expressly states that a respondent is an “adult male person”, the proviso widens the scope of proceedings by stating that an aggrieved wife or female living in a relationship in the nature of marriage can file a complaint against a relative of her husband/male partner. This rescinds the argument that the legislative intent was to exclude females. The Appeal was allowed with a direction to the Trial Courts to consider R2 and R3 as respondents in the proceedings.


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