The Department of Agriculture recently responded to an outbreak of highly pathogenic avian influenza impacting Delaware poultry farms in coordination with agencies and officials from Delaware, Maryland, and USDA APHIS, as well as individual farmers and independent contractors. In connection with that response, the Department received or drafted certain information regarding persons, animals, land, and emergency response plans that should be confidential. This Act will help to protect the safety and security of individuals, agricultural operations, and animals and avoid any vulnerabilities that disclosure poses on the control and eradication of disease among animal species. This Act also revises Title 29 to identify information regarding the control of disease as defined in § 106 of Title 3 as not being a public record under the Freedom of Information Act.
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This Bill requires motor vehicle insurance policies, under the personal injury protection provisions (PIP), to provide coverage for up to $650 for any 1 person extricated and $1200 for all persons extricated in any 1 accident by an emergency medical services vehicle. Emergency medical services vehicle is a vehicle duly licensed in Delaware that uses rescue tools used by emergency rescue personnel to extricate the injured person from a vehicle. The Act also requires the Insurance Commissioner to develop a uniform billing form for reimbursement and that volunteer fire and ambulance companies submit financial reports regarding expenses incurred in the use of rescue tools to the State Fire Prevention Commission.
This Act allows a landlord to offer the tenant an option to pay a recurring fee in lieu of a security deposit. This option enables tenants who cannot afford a security deposit to find a rental. This Act requires landlords choosing to provide the option to one tenant in a multiunit property to provide the option to all new tenants in that property. This Act also establishes requirements for the landlord offering a tenant the option to pay a fee in lieu of a security deposit including the requirement to notify the tenant of their option to terminate the agreement to pay the recurring fee at any time and to pay a security deposit instead. This Act makes it clear that electing to pay the recurring fee does not eliminate, release, or limit the tenant’s liability for damages under the lease. The recurring fee must be of equivalent amount and payable at the time each rent payment is due. This Act also clarifies the rights and responsibilities of a third-party who compensates a landlord for damages or unpaid indebtedness pursuant to the lease. House Substitute No. 1 for House Bill No. 349 differs from House Bill No. 349 by providing more detailed notification requirements for a landlord offering a fee in lieu of a security deposit and requiring landlords to use fees collected in lieu of a security deposit be utilized by the landlord to purchase coverage for landlord's losses associated with any unpaid amounts due from the tenant to the landlord pursuant to the lease, including rent, fees, or unit damage in excess of wear resulting from normal wear and tear, provided that a landlord may not charge a fee that is more than the cost of obtaining and administering such insurance.
This is the first leg of an amendment to the Delaware Constitution to conserve, protect and maintain Delaware’s natural resources, including its water, air, soil, flora, fauna, ecosystems and climate. This Amendment would create an inherent and inalienable right for all Delawareans to a clean and healthy environment. The Amendment would also declare that the State, including all of its branches, agencies, and political subdivisions, as trustee of the State’s natural resources. By enacting this amendment Delaware would join other States which have or are seeking similar provisions, in their respective Constitutions, creating the same inherent and inalienable rights for their citizens.
This Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is substantially the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applied throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 mentions of “firearm” in the Delaware Criminal Code. Today, there are 194 mentions of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of mentions of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new mentions have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3).
This Act requires the Delaware Department of Agriculture to promulgate rules and regulations, that will not become effective until July 1, 2024, classifying neonicotinoid pesticides designed or intended for use in outdoor applications as state restricted use pesticides, creating a list of chemicals that belong to the neonicotinoid class of chemicals, and banning the retail sale of neonicotinoid pesticides to the public for outdoor applications. This Act also requires the Department to develop and publish best practices for minimizing the airborne liberation of neonicotinoid pesticides and related dust by October 1, 2022.
This Act is the Department of Finance's Annual "housekeeping" legislation. Specifically: (1) Section 1 of this Act removes an antiquated statewide refund cap from budgetary practice. (2) Section 2 of this Act ensures the procedure for calculating County Seat payments for State-owned properties is consistent with the maximum amount appropriated for this purpose. (3) Section 3 of this Act updates background check requirements for Division of Revenue staff and contractors to align with federal requirements. (4) Section 4 of this Act ensures regular updates are made to census tract definitions used as part of the Creation of Employment and Qualified Investment tax credit. (5) Section 5 of this Act limits eligibility for New Economy retained jobs credits, as intended by the Commitment to Innovation Act. (6) Section 6 of this Act clarifies the definitions of “lessor” and “lessee” for Occupational and Business License Taxes to reflect modern leasing transactions. (7) Section 7 of this Act excludes manufacturing companies from a 2% State Realty Transfer Tax on construction contracts made within the first year of a realty transfer. (8) Section 8 of this Act provides for severability. This Act also makes technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill expands the Commissioner’s authority to deny policy form filings that encourage misrepresentation, contain any unjust, unfair or inequitable provisions, or where the benefits provided are unreasonable in relation to the premium charged, to other lines of insurance not limited to life and health policies. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.
Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2022 "Dysautonomia Awareness Month" in the State of Delaware.
This Act extends until 2026 the requirement that agriculture and intrastate construction vehicles be registered in accordance with the manufacturer's gross vehicle weight rating.