Bill Text: DE HB370 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Titles 6, 11, 12, 16, 19, 21, 25, And 28 Of The Delaware Code Relating To The Removal Of Insensitive And Offensive Language.
Spectrum: Moderate Partisan Bill (Democrat 11-3)
Status: (Introduced - Dead) 2014-06-24 - Stricken [HB370 Detail]
Download: Delaware-2013-HB370-Draft.html
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SPONSOR: |
Rep. Heffernan & Sen. McDowell |
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Reps. Baumbach, Briggs King, Hudson, Jaques, Q. Johnson, Osienski, M. Smith; Sens. Hall-Long, Poore, Sokola, Townsend |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 370 |
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AN ACT TO AMEND TITLES 6, 11, 12, 16, 19, 21, 25, AND 28 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF INSENSITIVE AND OFFENSIVE LANGUAGE. |
Section 1.Amend §2427B(b), Title 6 of the Delaware Code by making deletions as indicated by strike through and insertions as shown by underline as follows:
(b) If a court or tribunal of competent jurisdiction finds that any
person has willfully violated this chapter, the Attorney General, upon
petition to the court or tribunal, shall recover from the person, on behalf of
the State, in addition to all costs, a civil penalty of not more than $10,000
per violation pursuant to §2533 of this title. If the violation is against an elderly
or disabled person elder person or person with a disability
or an additional civil penalty of not more than $10,000 per violation shall be
recovered pursuant to §2581 of this title. Each day that a wilful willful
violation continues shall be considered a separate violation.
Section 2.Amend §2506B(b), Title 6 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(b)
If a court or tribunal of competent jurisdiction finds that any person has wilfully
willfully violated this chapter, the Attorney General, upon petition to
the court or tribunal, shall recover from the person, on behalf of the State,
in addition to all the costs, a civil penalty of not more than $10,000 per
violation pursuant to §2513 of this title. If the violation is against a
person age 65 or older or a disabled person with a disability, an
additional civil penalty of not more than $10,000 per violation shall be
recovered pursuant to §2581 of this title. Each day that a wilful willful
violation continues shall be considered a separate violation.
Section 3.Amend §2590(b), Title 6 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(b)
If a court or tribunal of competent jurisdiction finds that any person has
willfully violated this subchapter, the Attorney General, upon petition to the
court or tribunal, shall recover from the person, on behalf of the State, in
addition to all costs, a civil penalty of not more than $10,000 per violation
pursuant to §2513 of this title. If the violation is against an elderly or
disabled person elder person or person with a disability an
additional civil penalty of not more than $10,000 per violation shall be
recovered pursuant to §2581 of this title. Each day that a willful violation
continues shall be considered a separate violation.
Section 4.Amend §4501, Title 6 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
§4501 Purpose and construction.
This chapter is
intended to prevent, in places of public accommodations, practices of
discrimination against any person because of race, age, marital status, creed,
color, sex, handicap, sexual orientation, gender identity or national origin.
This chapter shall be liberally construed to the end that the rights herein
provided for all people, without regard to race, age, marital status, creed,
color, sex, handicap physical disability, sexual orientation,
gender identity or national origin, may be effectively safeguarded.Furthermore, in defining the scope or extent
of any duty imposed by this chapter, higher or more comprehensive obligations
established by otherwise applicable federal, state, or local enactments may be
considered.
Section 5.Amend §4502(7), Title 6 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(7) "Disability" means a physical or mental impairment which
substantially limits a person's major life activities, or being regarded as
having such an impairment, but such terms do not include current, illegal use
of a controlled substance as defined in Section 102 of the Controlled Substance
Act (21 U.S.C. §802) or Chapter 47 of Title 16 of this Code, Uniform
Controlled Substance Act. Discrimination against a person with a disability
includes discrimination against the use of a support animal because of a
physical disability of the user. Support animal means any animal individually
trained to do work or perform tasks to meet the requirements of a physically
disabled person with a physical disability, including, but not
limited to, minimal protection work, rescue work, pulling a wheelchair or fetching
dropped items.
Section 6.Amend §408(b), Title 11 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(b)
In a trial under this section a defendant found guilty but mentally ill, or
whose plea to that effect is accepted, may have any sentence imposed which may
lawfully be imposed upon any defendant for the same offense. Such defendant
shall be committed into the custody of the Department of Correction, and shall
undergo such further evaluation and be given such immediate and temporary
treatment as is psychiatrically indicated. The Commissioner shall retain
exclusive jurisdiction over such person in all matters relating to security.
The Commissioner shall thereupon confine such person in the Delaware
Psychiatric Center, or other suitable place for the residential treatment of
criminally mentally ill individuals culpable persons with a mental
illness under the age of 18 who have been found nonamenable to the
processes of Family Court. Although such person shall remain under the
jurisdiction of the Department of Correction, decisions directly related to
treatment for the mental illness for individuals placed at the Delaware
Psychiatric Center, shall be the joint responsibility of the Director of the
Division of Substance Abuse and Mental Health and those persons at the Delaware
Psychiatric Center who are directly responsible for such treatment. The
Delaware Psychiatric Center, or any other residential treatment facility to
which the defendant is committed by the Commissioner, shall have the authority
to discharge the defendant from the facility and return the defendant to the
physical custody of the Commissioner whenever the facility believes that such a
discharge is in the best interests of the defendant. The offender may, by
written statement, refuse to take any drugs which are prescribed for treatment
of the offender's mental illness; except when such a refusal will endanger the
life of the offender, or the lives or property of other persons with whom the
offender has contact.
Section 7.Amend §9424(b), Title 11 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(b)
A victim or witness with a cognitive disability is entitled to be accompanied,
in all proceedings, by a "friend" or other person in whom the victim
or witness trusts, which person shall be permitted to advise the judge, when
appropriate and as a friend of the court, regarding the cognitively disabled
person's person with a cognitive disability and that person's
ability to understand proceedings and questions.
Section 8.Amend §3922, Title 12 of the Delaware Code by making deletion as indicated by strike though and insertions as shown by underline as follows:
(a)
The Court shall grant to the guardian of the person such powers, rights and
duties which are necessary to protect, manage and care for the disabled
person with a disability. The Court may at any time change the powers of
the guardian of the person.
(b)
The guardian of the person may exercise the same powers, rights and duties
respecting the care, maintenance and treatment of the disabled person
with a disability that a parent has respecting the parent's own
unemancipated minor child, except that the guardian of the person is not liable
to third persons for acts of the disabled person solely by reason of the
guardianship relationship. Except as modified by the order of guardianship and
without qualifying the foregoing, a guardian of the person has the following
powers and duties:
(1) To the extent that it is consistent with the terms of any order by a
court of competent jurisdiction relating to detention or commitment of the disabled
person with a disability, the guardian is entitled to custody of the disabled
person with a disability and may establish the disabled person's
place of abode for the person with a disability within or without this
State. The guardian may not waive any right of the disabled person with
a disability respecting involuntary commitment to any facility for the
treatment of mental illness or deficiency.
(2) If entitled to custody of the disabled person with a
disability, the guardian shall make provision for the care, comfort and
maintenance of the disabled person with a disability and, if
appropriate, arrange for the disabled person's training and education of
the person with the disability. Without regard to custodial rights of the disabled
person with a disability, the guardian shall take reasonable care of the
disabled person's clothing, furniture, vehicle and other personal
effects in the immediate possession of the disabled person with a
disability and commence guardianship of the property proceedings if other
property of the disabled person with a disability is in need of
protection.
(3) The guardian may give such consent or approval as may be necessary to
enable the disabled person with a disability to receive medical
or other professional care, counsel, treatment or service and shall have power
to authorize release of medical records. The guardian shall not unreasonably
withhold such consent or approval nor withhold such consent or approval on account
of personal beliefs held by the guardian or the disabled person with
a disability, but shall take such action as the guardian objectively
believes to be in the best interest of the disabled person with a
disability.
(c)
A guardian of the person of a disabled person with a disability
for whom a guardian of the property also has been appointed shall control the
custody and care of the disabled person with a disability and is
entitled to receive reasonable compensation for the guardian's services and for
room and board furnished to the disabled person with a disability
as approved by the Court. Compensation of the public guardian shall be governed
by §3984 of this title. The guardian of the person may request the guardian of
the property to make payment to third parties or institutions for the disabled
person's care and maintenance.
(d)
The guardian of the person shall not be required to expend the guardian's own
money for the support or care of the disabled person with a
disability.
Section 9.Amend §1101(9), Title 13 of the Delaware Code by making deletions as indicated by strike through and insertions as shown by underline as follows:
(9) "Mentally incompetent"
shall be interpreted as referring to a parent who is unable to discharge
parental responsibilities by reason of mental illness, psychopathology,
mental retardation or mental deficiency when assessed in the context of
available public and private services, by reason of mental disorder or mental
incapacity.
Section 10.Amend §2506, Title 16 of the Delaware Code by making deletions as indicated by strike through and insertions as shown by underline as follows:
A guardian shall
comply with the adult disabled person's individual instructions of
the adult person with a disability and may not revoke the adult disabled
person's advance health-care directive unless the appointing court expressly so
authorizes. Nothing in this chapter shall limit the jurisdiction of the Court
of Chancery over the person and property of a disabled person with a
disability.
Section 11.Amend Chapter 7, Title 19 of the Delaware Code by making deletions as indicated by strike through and insertions as shown by underline as follows:
Subchapter
III. Handicapped Person Employment ProtectionsPersons With Disabilities Employment
Protections
Section 12.Amend §2334, Title 19 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(a)
Any person who is totally disabled with a total disability on or
after May 27, 1971, or any surviving spouse or dependent who is receiving
benefits under §2330 of this title, on or after May 27, 1971, shall be
entitled to an additional amount of compensation as calculated under
subsections (b) and (c) of this section, provided that the total amount to be
received shall not exceed the maximum weekly benefit rate in §2324 of this
title effective on July 1, 1975, or the benefit derived from §2330 of this
title as of July 1, 1975.
(b)
In any case where a totally disabled person with a total disability,
or a surviving spouse or a dependent is presently receiving the maximum weekly
income benefit rate applicable at the time such award was made, the
supplemental allowance shall be an amount which when added to such award would
equal the maximum weekly benefit rate effective on July 1, 1975, or the benefit
derived from §2330 of this title as of July 1, 1975.
(c)
In any case where a totally disabled person with a total disability,
or a surviving spouse or dependent is presently receiving less than the maximum
weekly income benefit rate applicable at the time such award was made, the
supplemental allowance shall be an amount equal to the difference between the
amount the claimant is presently receiving and a percentage of the maximum weekly
benefit rate effective on July 1, 1975, or the benefit derived from §2330 of
this title as of July 1, 1975, determined by multiplying it by a fraction, the
numerator of which is the claimant's present award and the denominator of which
is the maximum weekly rate applicable at the time such award was made.
Section 13.Amend §2164, Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
Any motor
vehicle owned by a disabled veteran with a disability who shall
ever have been eligible for certain benefits under 38 U.S.C. §1901 et seq. or
Public Law 538, 93rd Congress shall be registered, but shall be exempt from the
payment of registration fees; provided that such exemption shall be limited to
1 automobile per eligible veteran at any 1 time. The Secretary shall furnish,
without cost, number and registration plates for all such vehicles of such
design as will distinguish them from other plates for which fees are paid.
Nothing herein contained shall be construed as exempting such vehicles from the
requirement of inspection.
Section 14.Amend §2707(b)(4), Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(4)
Person when in the opinion of the Department such person has such is
a person with a physical or mental disability or disease as will serve to
prevent such person from exercising reasonable and ordinary control over a
motor vehicle while operating the same upon the highways;
Section 15.Amend §2707(b)(6), Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underlining as follows:
"I ____
(name of treating physician) hereby certify that I am the treating physician
for ____ (name of person), that I have been the treating physician for him/her
for a period of at least 3 months, that I am aware of his/her medical history,
including his/her history with respect to diseases of the central nervous
system, and that such person's infirmity physical disability
under sufficient control to permit him/her to operate a motor vehicle with
safety to person and property."
Each person
licensed to operate a motor vehicle on the basis of such certificate shall
furnish the Department with a new certificate each year not later than the last
day of the holder's birth month and not earlier than 45 days before said date.
The certificate shall show that on the basis of an examination within said
period a physician duly licensed to practice medicine and surgery has
determined that the infirmity physical disability remains under
sufficient control to permit the person to operate a motor vehicle with safety
to person and property. Except as provided below, if such certificate is not
received by the Department, the Department shall suspend said license and shall
notify its holder.
Section 16.Amend §2710(b)(2), Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(2)
Passed a written test and road skills test administered by the Division or
administered by a driver education teacher. Students who require specialized
evaluation, training or equipment to operate a motor vehicle because they
are persons with of a physical or mental disability will be
identified by the driver education teacher and tested by the Division;
Section 17.Amend §2713(a), Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(a) The Department shall examine every applicant for an operator's
license before issuing any such license, except as otherwise provided in
subsections (b) and (c) of this section. The Department shall examine the
applicant as to the applicant's physical and mental qualifications disabilities
to operate a motor vehicle in such manner as not to jeopardize the safety of
persons or property and as to whether any facts exist which would bar the
issuance of a license under this chapter. Such examination shall not include
investigation of any facts other than those directly pertaining to the ability
of the applicant to operate a motor vehicle with safety, or other than those
facts declared to be prerequisite to the issuance of a license under this
chapter.
(b) The Department may in its discretion waive the examination of any person applying for the renewal of an operator's license issued under this chapter.
(c) The Department may in its discretion issue an operator's license under this chapter without examination to every person applying therefor who is of sufficient age, as required by § 2707 of this title, to receive the license applied for and who at the time of such application has a valid unrevoked license of like nature issued to such person under any previous law of this State providing for the licensing of operators or to any person who at the time of such application has a valid unrevoked license of like nature issued to such person in another state under a law requiring the licensing and examination of operators.
(d) Written and road skill
examinations for students duly enrolled in a driver education course will be
administered by driver education teachers certified by the Delaware Department
of Education. Upon successful completion of the driver education course, the
certified teacher must issue a "High School Driver Education
Certificate" which will be accepted in lieu of the written and road skill
examinations administered by the Division for a period of 6 months from the
date of issue. No further testing by the Division is required unless the High
School Driver Education Certificate has expired; in such event, full testing is
required. Students identified as persons with a disability disabled
will attend specialized training and be examined by the Division. All persons
under age 18 who transfer their out-of-state license for a Delaware license
must be given a written and road test by the Division. Any person who is
suspended while operating a motor vehicle on a Level 1 Learner's Permit, Driver
Education Learner's Permit or temporary instruction permit will be re-examined
before reinstatement. Notwithstanding the preceding, the Division must
administer written and road skills tests to applicants who are 18 years of age
or older, except as otherwise provided in subsections (b) and (c) of this
section.
Section 18.Amend §2714, Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(a) As a prerequisite to the
continuation of the operator's right to drive on the highways, the Department
shall cause a special examination to be made of every person involved in a
second accident resulting in personal injury, death or property damage to an
apparent extent of $250 within any 24-month period, when such person has been
adjudged responsible for causing such accidents by a court of competent
jurisdiction, to determine whether such person is a person with suffers
from a physical or mental impediment to disability which prevents
the safe operation of a vehicle.
(b) The Department shall also cause to be examined any person whom the State Police Superintendent, State Police Troop Commanders or chief of police of any city, town or county in this State recommends for such examination.
(c) The Department may examine
any person whose with mental or physical conditions which may
interfere with safe operation of a motor vehicle when reported, in writing, to
the Department by a physician, member of the immediate family, the court or
other person acceptable to the Secretary of Transportation. This examination is
to determine the person's physical and mental qualifications abilities
to operate a motor vehicle in such manner so as not to jeopardize the safety of
person or property and whether any facts exist which would bar the continued
issuance of a license under this chapter. Such examination shall not include
investigation of any facts other than those directly pertaining to the ability
of the applicant to operate a motor vehicle safely or other facts declared to
be prerequisite to the continued issuance of a license under this chapter.
Evaluation requested per subsections (b) and (c) of this section are
confidential records used to determine a driver's ability to safely operate a
motor vehicle and shall not be released except by court order.
Section 19. Amend §2725, Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
The Secretary
shall have the authority to promulgate standards which may be applied by the
Medical Advisory Board. Such standards shall also apply to the final
determination of the Secretary upon the physical, visual or mental qualifications
abilities of a driver or applicant.
Section 20. Amend §2733(a)(3), Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(3) Is incompetent to drive a
motor vehicle or is afflicted a person with mental or physical infirmities
or disabilities rendering it unsafe for such person to drive a motor
vehicle upon the highways;
Section 21. Amend §2906(b)(2), Title 21 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(2) Is affected a person with
mental or physical infirmities or disabilities rendering it unsafe for
the insured to operate a motor vehicle upon the highways;
Section 22. Amend §104, Title 25 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
§104. Trustee for mentally
ill wife with a mental disability; barring of dower.
Any married man, seized of any
real estate, whose wife is mentally ill, and who desires to sell and convey or
to mortgage any such real estate, or any part thereof, may present his petition
to the Court of Chancery, stating the facts. The Court may, if it considers it
a proper case, make an order appointing a trustee for such mentally ill
married woman with a mental disability to join in any deed or mortgage
on her behalf with her husband, and to sign, seal and acknowledge the deed or
mortgage as such trustee in the same manner as deeds and mortgages are by law
acknowledged.
Section 23.Amend §105, Title 25 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
§105. Trustee for mentally
ill husband with a mental disability; barring of curtesy.
Any married woman, seized of any real estate in her own right, whose husband is mentally ill, and who desires to sell, convey or to mortgage any such real estate, or any part thereof, may present her petition to the Court of Chancery, stating the facts, and the Court may, if it considers it a proper case, make an order appointing a trustee for such mentally ill married man to join in any deed or mortgage in his behalf with his wife, and to sign, seal and acknowledge the same as such trustee in the same manner as deeds and mortgages are by law acknowledged.
Section 24. Amend §106, Title 25 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
§106. Effect of deed executed
by trustee for mentally ill spouse with a mental disability.
Any deed executed and
acknowledged by a trustee for a mentally ill married man or woman with
a mental disability, appointed pursuant to the provisions of §104 or §105
of this title, shall be as valid and effectual to bar and divest the mentally
ill spouse's right of dower or curtesy, in case he or she survives, as if he or
she had been legally capable and had in fact executed and acknowledged such
deed. Any such deed, or the record thereof, shall be competent evidence in all
the courts of this State.
Section 25. Amend §741, Title 25 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
§741. Appointment of trustee
for mentally ill widow of joint owner's widow with a mental
disability.
If a parcener, tenant in common
or joint tenant, or assignee of the interest, in real estate, dies leaving a mentally
ill widow with a mental disability, or a widow becomes mentally ill
before the assignment of dower and partition of the residue of the lands of the
decedent, a trustee for the mentally ill widow may be appointed by the Court of
Chancery and proceedings for partition may be had in the manner and form as
prescribed by §911 of Title 12 [repealed].
Section 26. Amend §903(b), Title 28 of the Delaware Code by making deletions as indicated by strike though and insertions as shown by underline as follows:
(b) No person apparently under
the influence of intoxicating liquor, mentally ill a person with a
mental disability or otherwise incapacitated shall be allowed by such
keeper to participate in the target shooting or other trials of skill by the
use of firearms in such gallery, booth or other convenience.
SYNOPSIS
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People First Language ("PFL") legislation is part of a national movement to promote dignity and inclusion for people with disabilities.PFL specifies that the order of terms used to describe any individual places the person first, and the description of the person second.For example, when using PFL, outdated terms such as "the disabled" would be phrased as "persons with disabilities."This language emphasizes that individuals are people first, and that their disabilities are secondary. In compliance with PFL guidelines, this Act amends current references to persons with disabilities throughout the Code by placing the person first and the disability second.Also pursuant to PFL, this Act removes offensive and/or insensitive language from the Code and replaces that language with respectful language.For example, the Act replaces antiquated and offensive terms such as "mental retardation" and "mental illness" with more appropriate terms like "intellectual disability" and "mental condition," respectively. This effort was initiated during the 146th General Assembly and this bill continues the process of making additional PFL changes to the Code. |
