This bill adds bump stocks and trigger crank devices to the list of firearms that may be safely removed from the community.
In 2016, according to the Division of Forensic Science, 308 people died from overdoses in Delaware. To address the devastating effects that the opioid epidemic has had on the citizens and families of the state of Delaware, this Act will: 1.) Impose a tax on the first sale of opioids in the State at a rate of 10% of the purchase price. Revenue generated from the tax will be used to support opioid addiction treatment options in Delaware, including residential programs, as well as to educate the public on the dangers of opioid addiction and available treatment options in Delaware; 2.) Direct civil legal settlement proceeds resulting from matters related to opioids be deposited to the Opiate Stewardship Fund; 3.) Authorize the Governor to appoint and fund the position of the newly-created Policy Advisor. The full-time Policy Advisor will serve at the pleasure of the Governor and will be tasked with addressing only opioid addiction-related matters; and 4.) Establish the Opiate Stewardship Advisory Council. The council will be charged with prioritizing where revenue generated from the opioid tax is best spent in order to assist those who are addicted, as well as their families. This council – building on the progress made by the Behavioral Health Consortium and other related medical and state agency committees – will be a separate entity that is responsible solely for advising in the treatment-related tasks of the newly-created Policy Advisor.
Delaware law currently prohibits tasting and sale of craft beer, distilled spirits, and wine at Farmers’ Markets or Agricultural Themed Events. The bill's intent is to allow tasting of products, offer limited purchase opportunities, and promote how local craft beverages benefit our agriculture industry and where to purchase the products year round. This bill allows holders of a “Farmers’ Market Permit or Agricultural Themed Event Permit” to conduct tastings and sell craft beer, mead, cider, distilled spirits, and wine in sealed containers for off-premise consumption at retail prices at off-site farmers’ markets or agricultural themed events during the months of April through November. This bill requires the Department of Agriculture to certify that the event is an Agricultural Themed Event or Farmers’ Market. No more than 5 Permit Holders may sell at a Farmers’ Market and no more than 8 Permit Holders may sell at Agricultural Themed Events.
This bill protects non-profit organizations that accept and persons who donate wild game to non-profit organizations or provides services related to the processing of such donated wild game from certain types of liability.
This Act establishes a framework for assessing needs, planning and implementing projects, and providing a funding source to enhance and accelerate Delaware’s efforts in cleaning up its contaminated water resources, ensuring that all our citizens have safe drinking water, reducing flooding, and protecting jobs in agriculture and tourism. Most of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. This Act increases the level and reliability of funding available to restore Delaware’s streams, rivers, bays, and groundwater through construction of much needed wastewater, drinking water, and drainage projects and increased use of agricultural best practices. Over the next 5 years, more than $500 million in water and wastewater system upgrades are needed statewide, including systems for underserved communities and numerous at-risk systems currently operated by homeowner’s associations in Sussex County. More than $150 million in stormwater upgrades are needed throughout the State along with more than $75 million for removing toxic pollutants from various waterways. In addition, demand for agriculture cost-share funds used to reduce pollution from nutrients far surpasses available resources. This Act creates a Clean Water Trust, supported by dedicating several existing revenue sources and a proposed new dedicated Clean Water Surcharge that will be levied on personal income tax payments and business license fees. The surcharge will be capped at $40 for individual tax filers, $80 for individuals filing a joint return, and $45 for business licenses. The Clean Water Surcharge will be used for capital projects, not to grow government; the allowance for administrative expenses is capped at 10% after the first 2 years and companion legislation creating a constitutionally protected “lock box” is being introduced to provide permanent protection against the fee being diverted for operating expenses. Total revenues from the surcharge are estimated to be approximately $20 million annually. The dedicated Clean Water Surcharge could leverage as much as $50 million in total financing annually for clean water investments and support more than 800 direct and indirect jobs per year. The Trust will be managed by a 5-member Board comprised of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of Finance, the Secretary of Agriculture, the Secretary of Health and Social Services, and an appointed member with financial expertise. The Trust is authorized to issue Clean Water Revenue Bonds for projects approved by the General Assembly and will administer the funds through the already existing Water Infrastructure Advisory Council with the goal of assisting municipal and county governments and others in implementing more affordable water quality projects through low-interest loans, grants, and public-private partnerships. The Trust and the Council are required to develop a Clean Water Plan with an annually updated 5-year Strategic Plan. The Trust is required to undergo an audit each year and to report annually to the General Assembly on its activities and its progress toward meeting the goals of the Clean Water Plan.
In order to support enrichment activities such as field trips for students at high-poverty schools, this bill would require the State to provide $25 per student to high poverty schools to be used for the purpose of educational and enrichment field trips.
Under this Act, a provider of services under § 2118(a)(2)a.1. and 3. of Title 21 may not exceed the charges permissible under the fee schedule established by the Workers’ Compensation Oversight Panel for work-related injuries. And, this Act prohibits these providers of services from demanding or requesting any payments in addition to the charges authorized by this Act. It also requires these providers of services to adhere to health care practice guidelines and be subject to utilization review. In addition, this Act requires insurers to report any pattern of overcharging, excessive treatment, or other improper actions by a healthcare provider to the Division of Professional Regulation. Finally, this Act provides that if an insurer has a contractual arrangement with a medical provider governing the fees for medical services, the contract fees would apply. The fee schedule would apply only in the absence of any such contractual arrangement.
Confessions are powerful evidence of guilt. This Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. To accomplish this, this Act mandates audio recording or audio and video recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime described in § 4201(c) of Title 11, which designates certain crimes as violent felonies, or to a delinquent act. Recognizing that a blanket requirement of recording electronically all interrogation is not feasible, this Act provides 6 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator reasonably believes that the offense involved is not one the Act mandates must be recorded, (5) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the person interrogated, or another individual, and (6) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by a preponderance of the evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Finally, this Act requires the Attorney General to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.
In an attempt to obey federal law, to coordinate with the federal law enforcement agencies, and to assist Delaware registered agents who form LLCs to avoid severe federal fines, this bill attempts to prevent the use of our Limited Liability Act by persons, businesses, groups and nations identified by federal agencies as a threat to this country. Listed entities on OFAC sanctions lists are narcotics traffickers, terrorists, or criminal enterprises with whom federal law forbids Americans from doing business. The means of meeting these objectives is by requiring screening of potential clients (applicants) by companies who are registered agents approved by this State to represent clients who form LLCs. No sanctions will be employed to obtain cooperation, unless the Secretary of State, who already has the authority to deal with registered agents, finds that they are not cooperating.
This Act is the first leg of a constitutional amendment that requires the General Assembly to wait 48 hours from the introduction of the budget appropriation bill, bond and capital improvement act, and act making appropriations for certain grants-in-aid bill, or any substantive amendment or substitute bill to such bills before voting on such legislation unless the General Assembly by a three-fourths vote waives this requirement. The purpose of this provision is to allow all interested persons, including legislators, a reasonable amount of time to review the three significant financial legislative acts before voting on such legislation. This restriction can be waived if three-fourths of each House of the General Assembly agrees to act in a shorter time period.
This Act includes Department of Transportation employees who work on interstate, expressway, arterial, and collector roads in the classification of employees who are eligible to receive hazardous duty pay. This Act contains a delayed effective date provision to ensure this Act takes effect in fiscal year 2019. Funding for this Act will be drawn from funds that would not violate Article VIII, § 12. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill insures an ongoing and necessary funding source to DELJIS for the purpose of providing local law enforcement with connectivity, maintenance, and technical support for the CJIS system.
