Legislative Wrap »

Juvenile justice reform bills introduced
House Democrats introduced a series of bills May 10 reforming the juvenile justice system.
House Bill 6, sponsored by Rep. David Bentz, D-Christiana, expressly establishes a juvenile's right to counsel in Family Court delinquency proceedings as well as describing the process by which he or she can waive the right to counsel. Under the bill, a waiver would not be permitted unless the youth has engaged in an in-person meeting with an attorney to be informed of the right to counsel and the consequences of proceeding without it.

House Bill 7, sponsored by Rep. Sean M. Lynn, D-Dover, raises the age at which a juvenile's information and photo could be released by the state and addresses etiquette for publicly managed social media pages. House Bill 8, sponsored by Rep. Debra Heffernan, D-Brandywine Hundred South, would amend the program to add possession of marijuana paraphernalia to the list of offenses that trigger a citation, and allow a juvenile to be issued a second citation if the additional offense was not the same, and more than 18 months have elapsed since the first transgression.

House Bill 9, sponsored by Rep. J.J. Johnson, D-New Castle, updates existing state law to allow Superior Court judges to have discretion to consider transferring certain youth age 15 or older who are initially charged as adults back to Delaware's Family Court system for final resolution and rehabilitative services when warranted. HB 6, 7, 8 and 9 were all released from the House Judiciary Committee May 17.

Bill establishes coastal zone permitting process
Rep. Ed Osienski, D-Newark, and Sen. Bryan Townsend, D-Newark, introduced a bill May 18 establishing a conversion permitting process to potentially redevelop a limited number of abandoned heavy-industry sites for industrial use in areas regulated by the Coastal Zone Act. The 1971 act regulates heavy industrial and manufacturing activities in state's coastal zone Since that time, several industries that were grandfathered under the law have closed down.

Under House Bill 190, an interested industry would need to clean the brownfield, following the Delaware Hazardous Substance Cleanup Act and removing pollution from the site. A new operator also would have to show that it has the financial backing and available funds to complete any future remedial action. The bill would allow for 14 specific sites – mostly concentrated in northern New Castle County, with none in Sussex County – to be available for a conversion permit. A company applying for a conversion permit would also have to submit a sea-level rise plan. Additionally, there would be restrictions on what types of industries could operate along the coast.

Refineries processing crude oil, basic cellulose pulp paper mills, and incinerators would continue to be forbidden, as they have been since the Coastal Zone Act was enacted in 1971. Under the bill, bulk product transfers would be allowed at nine sites, with certain limitations and only so long as they support industry at those sites or elsewhere in the coastal zone. Current law prohibits the transfer of liquefied natural gas. HB 190 was reported out of the House Natural Resources Committee June 7.

Bill expands cybersecurity safeguard
Rep. Paul Baumbach, D-Newark, introduced a bill May 16 expanding protections for Delawareans affected by computer security breaches. House Bill 180 would increase cybersecurity protections for Delawareans by requiring businesses to safeguard personal information, and to provide notice to Delawareans affected by a breach within 60 days of discovering the breach. In the event the affected class exceeds 500 residents, the attorney general must be notified.

The legislation also requires breached entities to provide a year's worth of identity protection services to affected residents, if Social Security numbers were compromised. Delaware would become just the second state to extend identity theft protection services, by law, to residents affected by a security breach. The bill has been assigned to the House Economic Development/Banking/Insurance/Commerce Committee.

Gov. Carney signs bill to reduce dropout rate
Legislation aimed at reducing the dropout rate in Delaware's public schools was recently signed into law by Gov. John Carney. House Bill 23 was introduced by Rep. Sean Matthews, D-Talleyville/Claymont, Jan. 5., passing through the House March 21 and then the Senate May 5. The new law requires that students over the age of 16 who wish to withdraw from school prior to graduation both obtain written consent from their parent or guardian, and attend an exit interview. Schools will inform those students about the potential consequences of dropping out of school, including a greater risk for unemployment and a lower earning potential. The Department of Education will provide materials for the exit interviews. Those interviews also will cover any available support services or programs that may assist the student in pursuing their education, and information about training and employment opportunities.

Bill allows access to state's rights of way
Rep. John Mitchell, D-Elsmere, introduced a bill May 18 that authorizes wireless providers access to the state's rights of way for investment in mobile broadband infrastructure. House Bill 189, titled the Advanced Wireless Infrastructure Investment Act, creates a new Chapter 16 of Title 17 establishing a statewide policy for deployment of small wireless cells to meet the growing demand for wireless services . The bill passed through the House June 8 and was then assigned to the Senate Transportation Committee.

Transportation Trust Fund lock box passes
With the recent passage of Senate Bill 20, it will now be harder to add expenses to Delaware's Transportation Trust Fund.
Introduced during the 148th General Assembly by Sen. Greg Lavelle, R-Sharpley, the bill is a constitutional amendment that says funds from the trust fund cannot be used for anything other than transportation – capital expenditures, interest and principal on bond issues, operating expenses and other transportation-related purposes.

The bill also says adding new expenses to trust fund requires a three-fourths vote from the House and the Senate, and it must be done through a bill separate from an annual budget act, bond and capital improvement act, or grant-in-aid act. The fund is funded through monies raised as gas taxes, Division of Motor Vehicles fees and tolls, and federal funding. Currently, nearly one-third of the approximately $900 million funds raised annually goes to operating funds and debt service. The amendment does not need to be signed by the governor to be enacted. To create a constitutional amendment, a bill has to pass in two consecutive general assemblies with the exact same wording.

Bill encourages investment in business
Rep. Michael Ramone, R-Middle Run Valley, introduced a bill May 10 establishing a refundable tax credit for qualified investors in innovative, Delaware-based small businesses, to spur job creation and innovation. House Bill 170, titled the Angel Investor Job Creation and Innovation Act, establishes guidelines for awarding a tax credit worth up to 25 percent of the investment in qualified, Delaware-based businesses with less than 25 employees.

Qualified business activities include using proprietary technology to add value to a product, process, or service in a qualified high-technology field; researching or developing a proprietary product, process, or service in a qualified high-technology field; researching, developing, or producing in the fields of agriculture, manufacturing, wildlife preservation, environmental science, financial technology, or transportation; researching, developing, or producing a new proprietary technology for use in the fields of agriculture, manufacturing, financial technology, or transportation. HB170 was reported out of the House Economic Development Committee June 7.

Bill allows cost of enforcement on liens
Rep. James Johnson, D-New Castle, introduced a bill May 18 that clarifies costs associated with enforcement of local laws and ordinances relating to the condition of real property and abatement of violations of those laws and ordinances shall be a lien against the subject property. House Bill 188 also clarifies that local governments may include the amount of the lien on the local tax billing of the property subject to the enforcement action and may collect the lien in the same manner as other taxes.