tag:dlvr.it,2015-01-23:f5ce2b6314fb4dd4a1faf5041bf4ef84 2020-12-18T09:00:32-08:00 tag:dlvr.it,2020-12-18:4f0db0fcea3b2e6a9ba709c533e4bd78 2020-12-18T09:00:32-08:00 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LICENSING OF INSURANCE PROFESSIONALS.

This Act extends the limited licensing exemption for adjusters, who are dispatched by insurers to the State after catastrophic events, such as hurricanes or tornadoes, to appraisers. This change will allow for the prompt appraisal and settlement of motor vehicle claims arising from such catastrophic events. ]]> tag:dlvr.it,2020-12-11:29de353dd8c41d8a9ea6b0b85cca507d 2020-12-11T09:07:02-08:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SUSPENSION OF VEHICLE DEALERSHIP OWNERS DEALERSHIP LICENSE.

This legislation closes several loopholes that dealers have been using to get around suspended or revoked dealership licenses. Currently the Division of Motor Vehicles will suspend or revoke a dealer license, and the dealer will get a family member or friend to apply for a dealership license and employ the suspended dealer at the dealership in a managerial, financial, or sales capacity thereby negating the suspension or revocation. This legislation closes that loophole by preventing a dealer who has had their license suspended, revoked, or renewal refused from being employed at Delaware licensed dealerships for periods of time commensurate with their revocation or suspension. Additionally, to prevent a further loophole wherein the dealer would simply turn in their dealer license upon receiving notice by the Division that their license will be revoked, suspended, or renewal refused, if the licensee chooses not to defend themselves they would be prohibited for the same time periods as if their license had been suspended, revoked, or renewal refused and be unable to do any of the qualifying employment for that period of suspension. This bill also extends the period of time of prohibited employment if the dealer does not turn in division documents and plates in its possession at the time of suspension or revocation. This bill does not seek to bar individuals from employment in other auto industry sectors such as auto repairs so long as they do not work at those dealerships in any of the prohibited positions. ]]> tag:dlvr.it,2020-12-04:c17aeefa5b8e94bbc83df4b9c416e6c8 2020-12-04T11:01:32-08:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVERS LICENSE ISSUANCE FEES, RENEWALS, AND QUALIFICATIONS.

This bill extends the amount of years an identification card is valid from four (4) to eight (8) years. This bill is necessary for the Division of Motor Vehicles to maintain consistent business processes. The driver license is currently valid for eight (8) years, and this change would maintain consistency with the driver license requirement. ]]> tag:dlvr.it,2020-08-17:426f5fdb03a41dd9e6d9f6aafc8e2004 2020-08-17T14:32:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES TO SUPPORT MIGRATORY SHOREBIRDS.

This Act authorizes the Division of Motor Vehicles to issue migratory shorebird special registration plates. ]]> tag:dlvr.it,2020-07-21:408c95275cd862443754ce6b8553446d 2020-07-21T13:12:01-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS.

This Act brings the Division of Motor Vehicles into compliance with federal law by allowing a commercial learner permit to be issued for a period of up to 1 year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-07-21:c6377800222635b6344529b4a3aa1f53 2020-07-21T13:12:01-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE.

This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-06-16:e68c76a3e780a4b55cdfd8193e19f345 2020-06-16T14:11:02-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS.

This Act brings the Division of Motor Vehicles into compliance with federal law by allowing a commercial learner permit to be issued for a period of up to 1 year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-06-16:ae30434a895cdfac0a241c668667b918 2020-06-16T14:11:02-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE.

This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-06-16:97826619d620fd6cc4f5544fbdef8566 2020-06-16T12:33:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS.

This Act brings the Division of Motor Vehicles into compliance with federal law by allowing a commercial learner permit to be issued for a period of up to 1 year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-06-16:007d134b1a0960066cdb10a0905fd76d 2020-06-16T12:33:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE.

This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-03-27:11ddda1234d1cbff61b0924862a7b5e1 2020-03-27T10:05:31-07:00 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE EMISSIONS TESTING.

This Act allows the owner of a vehicle which has a “check engine” light illuminated to be able to pass the Division of Motor Vehicles’ (DMV) On-board Diagnostic (OBD) test emission inspection if a Department of Natural Resources and Environmental Control (DNREC) certified emissions repair technician determines that the vehicle is operating within the manufacturer’s designed emission thresholds. If the DNREC technician cannot determine whether the vehicle will operate within the required thresholds, the technician may issue documentation to the vehicle owner which will require the DMV to disregard the OBD test and use an alternative test to determine if the vehicle will pass the emissions portion of the inspection. Because not all “check engine” lights relate to an emission problem, this bill will prevent unnecessary costly repairs while still maintaining the integrity of the emissions inspection process by using alternative tests when prudent. ]]> tag:dlvr.it,2020-03-12:21879bcbac526a40c197c6ff9b129e91 2020-03-12T14:45:02-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVERS LICENSE ISSUANCE FEES, RENEWALS, AND QUALIFICATIONS.

This bill extends the amount of years an identification card is valid from four (4) to eight (8) years. This bill is necessary for the Division of Motor Vehicles to maintain consistent business processes. The driver license is currently valid for eight (8) years, and this change would maintain consistency with the driver license requirement. ]]> tag:dlvr.it,2020-03-12:5f57f6dc5ff733c1ee0ea9ac3e7e63f7 2020-03-12T14:45:02-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SUSPENSION OF VEHICLE DEALERSHIP OWNERS DEALERSHIP LICENSE.

This legislation closes several loopholes that dealers have been using to get around suspended or revoked dealership licenses. Currently the Division of Motor Vehicles will suspend or revoke a dealer license, and the dealer will get a family member or friend to apply for a dealership license and employ the suspended dealer at the dealership in a managerial, financial, or sales capacity thereby negating the suspension or revocation. This legislation closes that loophole by preventing a dealer who has had their license suspended, revoked, or renewal refused from being employed at Delaware licensed dealerships for periods of time commensurate with their revocation or suspension. Additionally, to prevent a further loophole wherein the dealer would simply turn in their dealer license upon receiving notice by the Division that their license will be revoked, suspended, or renewal refused, if the licensee chooses not to defend themselves they would be prohibited for the same time periods as if their license had been suspended, revoked, or renewal refused and be unable to do any of the qualifying employment for that period of suspension. This bill also extends the period of time of prohibited employment if the dealer does not turn in division documents and plates in its possession at the time of suspension or revocation. This bill does not seek to bar individuals from employment in other auto industry sectors such as auto repairs so long as they do not work at those dealerships in any of the prohibited positions. ]]> tag:dlvr.it,2020-03-12:cd164c89b88e2a91075984f7a4cf2ede 2020-03-12T14:45:02-07:00 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX CREDITS.

This Act creates a tax credit applicable to personal income taxes in an amount equal to incurred motor vehicle document fees for certain lower income, working poor, individuals. This tax credit is designed to assist the working poor in obtaining a new or used motor vehicle. Section 2 of this Act makes the change effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue's modernized Integrated Revenue Administration System, which is currently under development. ]]> tag:dlvr.it,2020-03-09:5bf1d0afc141c6b62597806b2b2f3f38 2020-03-09T14:38:33-07:00 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO INTEREST RATES ON LOANS TO INDIVIDUALS.

Delaware is one of a handful of states that has no cap other than unconscionability on interest rates for short-term consumer loans. Under Delaware case law, the unconscionability of an interest rate is decided by a court on a case by case basis. This Act caps interest rates at 20% for short-term consumer loans of $1,000 or less that must be repaid in less than 60 days and motor vehicle title loans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-03-09:3731874a859d9fb10f145b17404b947a 2020-03-09T14:38:33-07:00 AN ACT TO AMEND TITLE 6 AND TITLE 21 OF THE DELAWARE CODE RELATED TO EQUAL ACCOMMODATIONS IN PARKING.

This Act clarifies that a person with a special license plate or permit for persons with disabilities which limit or impair the ability to walk may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities which limit or impair the ability to walk. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-03-09:f0e07d8dc2d9e1ec2dedffb3d1bc735b 2020-03-09T14:38:33-07:00 AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORATION NETWORK COMPANIES.

This bill requires Transportation Network Company (“TNC”) drivers to affix permanent license plates clearly displaying their license plate number to the front of their vehicle. This bill also requires that TNC drivers display an illuminated sign so as to identify the vehicle as a TNC vehicle at night. Further, this bill creates a requirement that once a TNC driver ceases to be employed or work for a TNC, that driver must return any illuminated signs provided by the TNC. If a TNC driver fails to do so, the TNC is required to report in writing that driver’s name and last physical address to the Delaware Transit Corporation. ]]> tag:dlvr.it,2020-03-09:75b1436e0b08ff6183f27e5046765067 2020-03-09T14:38:32-07:00 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, COSTS, PENALTIES, AND FORFEITURES.

It is an unfortunate reality that many offenders have difficulty re-entering society. Without the ability to provide for themselves and their families through gainful employment, 67.8% of released prisoners are rearrested within three years of release nationally. One of the reasons that offenders have difficulty is because they often face the unrealistic requirement to pay off large fees and fines, which grow with interest if not paid, at the same time as they have to pay for housing, food, care for children, or other necessities of life. Failure to pay can result in the offender found to be in violation while on probation or being denied a pardon. Furthermore, most offenders tend to be non-affluent, and the state spends resources chasing fines and fees it will not recover. Unlike motor vehicle fines under Title 21, which generate large sums of revenue, fees and fines under Title 11 and 16 are modest and collection costs are high. The social costs in terms of impacting rehabilitation and successful re-entry are even higher. To address this problem and to give the Department of Correction a positive incentive to reward participation in work programs in its facilities or in the community, this Act authorizes the Department of Correction to give minimum wage to inmates to pay off fees or fines by participating in an earned credit program established by the Department of Correction. The court would establish how many hours need to be worked in order to discharge this financial obligation by computing the hours based on the then prevailing state minimum wage hourly rate. The Department of Correction will establish an earned credit program and certify to the court when the individual has completed the required number of hours. The earned credit program cannot be used to discharge other financial obligations owed, such as restitution, child support obligations, or bail. ]]> tag:dlvr.it,2020-03-09:5ba329b1f416ac69a8eef7e2f4bcd662 2020-03-09T14:38:32-07:00 AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 21 OF THE DELAWARE CODE RELATING TO FINES, FEES, COSTS, PENALTIES, AND FORFEITURES.

In 2017, 44,889 failure to pay capias issued for people who did not pay a fine, fee, cost, assessment, or restitution imposed for a non-felony offense. In the first 6 months of 2018, there were a total of 5,807 admissions to detention at all Level V facilities. Of these admissions, 129 were for failure to pay only and 595 were for failure to pay and another charge. When a capias is issued for nonpayment of a fine, courts currently may and do impose fees to cancel the warrant. When defendants are late paying their fines, the courts’ clerks also must forward the defendant’s name to the Department of Transportation’s Division of Motor Vehicles for license suspension. This Act prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee, cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. This Act also prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines imposed after their ability to pay hearing. Further, this Act permits a court, before imposing a fine, fee, cost, or assessment, to consider a defendant’s ability to pay the fine, fee, costs, or assessment, whether an adult or a juvenile, is able to pay the fine, fee, cost, or assessment. This Act also provides the courts with discretion to waive, modify, suspend, costs, assessments, fines, and fees even if otherwise deemed mandatory by the Code. Additionally, this Act requires state, county, and municipal law enforcement agencies and volunteer ambulance companies to calculate and report the total sum they receive from fines, fees, costs, assessments and restitution and make a public report of these totals. This Act also creates the Criminal Legal System Imposed Debt Study Group to review the impact court imposed financial obligations have on defendants and survivors of crime and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]> tag:dlvr.it,2020-03-09:3b5391c93ac376d9d60c5c08ff8bf76b 2020-03-09T14:37:32-07:00 AN ACT TO AMEND TITLE 21 RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR SCHOOL EXPULSION.

This amendment brings into conformity the provisions of Title 21 with those of Title 14 relating to the revocation of a student’s driving privileges when he or she is expelled from a public school. Prior amendments to Title 14, Section 4130 and Title 21, Section 2707 removed the requirement that the Secretary of the Department of Motor Vehicles revoke a student’s driving privileges upon notice from the superintendent of a public school that the student had been expelled. This amendment accomplishes the intent of those prior amendments by removing surplus language in the parallel section of Title 21. ]]> tag:dlvr.it,2020-03-09:a2d4880f339c964133beb692aaee7393 2020-03-09T14:37:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This bill creates a special license plate for World War II veterans. ]]> tag:dlvr.it,2020-03-09:a8fa06b3d71b51f599018aef9d1fb960 2020-03-09T14:37:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS.

This Act authorizes the State and its counties and municipalities to install and use vehicle height monitoring systems ("vehicle height monitoring system") to assist in the enforcement of applicable State, county, or municipal law regarding motor vehicle size. This Act is patterned after Maryland's vehicle height monitoring system law, under which the City of Baltimore recently implemented an ordinance to use vehicle height monitoring system. This Act does not create a new violation. It does establish the following: - Requirements for the Department of Transportation ("DelDOT") to conduct the initial identification of potential locations for vehicle height monitoring system and analysis of the appropriateness of each location. - Requirements for the Department of Safety and Homeland Security ("DSHS") to select a system vendor for use by the State, counties, and municipalities through an open competitive procurement process. - Requirements for DSHS to approve and install vehicle height monitoring systems on State-maintained roads. - Requirements for a county or municipality to approve and install vehicle height monitoring system on the roads maintained by the county or municipality. A county or municipality must adopt an ordinance before approving or installing a vehicle height monitoring system. - Requirements and maintenance of vehicle height monitoring system, including the designation of a vehicle height monitoring system technician to maintain a daily set-up log for each vehicle height monitoring system in use. Daily set-up logs may be admitted as evidence in any court proceeding for a violation captured by a vehicle height monitoring system. - That the owner of a motor vehicle captured by a vehicle height monitoring system is liable for the violation, unless the owner can demonstrate that someone else was in control or possession of the motor vehicle when the violation occurred. - A civil penalty under this section is limited to $250 for second violations, and $500 for third and subsequent violations. A first violation is subject only to a warning notice, with no fine. - Requirements for the information that must be included in a citation under this section and that a citation must be mailed within 30 days of the violation. - What must be included in an image recorded by a vehicle height monitoring system to use the image as evidence. - Limitations on the consequences of being liable under this section. A violation may not be used to assess points on the person's driver license, recorded on the person's driving record, treated as a parking violation, or considered in the provision of motor vehicle insurance coverage. - The State or a county or municipality may designate a contractor to administer and process citations under this section, but a contractor's fee may not be contingent on the number of citations issued or paid. - That this section does not apply to certain vehicles, such as emergency vehicles or school buses. Under this Act, the owner of a motor vehicle is liable for a violation that occurs while the owner uses the vehicle or an employee of the owner uses the vehicle for the purposes of employment. If, however, a driver other than an employee of the owner violates this Act while using the owner’s vehicle, a mechanism is in place to allow the owner to rebut the presumption that the owner was driving the vehicle at the time of the violation (see line 121). ]]> tag:dlvr.it,2020-03-09:d87096c6b47d636c7ae44d9d1400cbd7 2020-03-09T14:37:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR THE DELAWARE STATE EDUCATION ASSOCIATION CENTENNIAL.

This Act authorizes the Division of Motor Vehicles to issue special registration plates to commemorate the Delaware State Education Association centennial. It also allows the Division to collect a 1-time administrative fee of $15 to be deposited into a special fund and used by the Division for administrative costs. ]]> tag:dlvr.it,2020-03-09:8da538430d19b1fb60a1b41c8642e429 2020-03-09T14:37:32-07:00 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.

This Act revises the Delaware Native Species Commission by doing the following: 1. Adds a member from the Delaware Department of Transportation. 2. Removes the requirement that Governor appointees be citizens of this State. 3. Requires that the members who represent stakeholder commercial interests represent those interests in Delaware. 4. Adds 2 additional public members. ]]> tag:dlvr.it,2020-03-09:0ac9edae80c406de94ea7e4cab12f8df 2020-03-09T14:37:32-07:00 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL ANIMAL WELFARE LICENSE PLATES.

This Act revises the membership of the Fund Committee for special animal welfare license plates by including the Executive Directors of organizations instead of the presidents of the organization’s board of directors and adds the Executive Director of the Brandywine Valley SPCA to the Fund Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]>