Daily Report for 1/26/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SB 8CommitteeMarshallThis Act makes the Wilmington city auditor an elected position beginning with the 2018 election. This Act also provides for the city auditor to serve a 4 year term and for vacancies in the office to be filled by Wilmington city council. Additionally, this Act makes clear that the city auditor is the head of the auditing department and is to exercise independent control of the department; however, the auditor is to annually report to the mayor, council, and the public on the audits performed. Amendments made by this Act may require action by Wilmington City Council to conform City Ordinances to the Charter.AN ACT TO AMEND THE HOME RULE CHARTER OF THE CITY OF WILMINGTON RELATING TO THE CITY AUDITOR.
HB 54CommitteeKeeleyThis bill imposes a cap on the interest rate that may be charged for “alternative financial services” at an annual rate of interest of 100%. “Alternative financial services” is a term sometimes used for payday loans, installment loans, and other credit products generally targeted towards working class people without access to more traditional banking or credit card services. Over the years, this state and others have made various efforts to regulate the industry, to assure that it is operating fairly and in a non-predatory manner. Generally, lenders in this industry have restructured their loan products to avoid such laws and regulations. See, e.g., James v. National Financial, LLC, 132 A.3d 799, 834-838 (Del. Ch. 2016). By placing a cap on interest rate in Chapter 22, the purpose of this bill is to circumscribe the ability of short-term, sub-prime lenders to take advantage of unsophisticated borrowers – regardless of the name or structure they may give the credit products. By its terms, Chapter 22 does not apply to more traditional financial products offered by banks, credit unions, credit card companies, and the like. Traditional financial products are already extensively regulated by state and federal law, and are less amenable to abuse. The bill also prohibits the use of automated withdrawals on short-term loans regulated by Chapter 22 for delinquency payments or accelerated default payments. It prohibits repeat attempts to make an automated withdrawal for at least 5 days after a declined payment, unless the borrower authorizes another attempt in writing. This will prevent borrowers from being charged multiple fees by their banks for overdrafts or declined withdrawals when licensees try repeatedly in a short time frame to process an automated withdrawal.AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO LOANS.
HCR 8CommitteeKowalkoThis House Concurrent Resolution urges the President and Congress to enact legislation that would reinstate the separation of commercial and investment banking functions that were in effect under the Glass-Steagall Act.URGING THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION REINSTATING THE SEPARATION BETWEEN COMMERCIAL AND INVESTMENT BANKING.
HB 60CommitteeKowalkoThis bill creates the right for the parent or guardian of a child to opt out of the annual assessment, currently the Smarter Balanced Assessment System.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ASSESSMENT.
HB 59CommitteeQ. JohnsonThis bill clarifies that all journeyperson applicants of sufficient age who successfully complete any apprenticeship program approved by the Board, and successfully pass the final exam associated with the Board approved program, should be treated equally for purpose of licensure. Currently the Board grants a journeyperson license only to applicants who receive one of a limited number of Department of Labor certificates of completion, despite completing the same program. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO LICENSURE AS A JOURNEYPERSON ELECTRICIAN.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 12SignedSimpsonThis Act explicitly allows ground effect lighting equipment on motorcycles. This extra lighting would increase motorcycle safety by enhancing their visibility.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LIGHTING EQUIPMENT ON MOTORCYCLES.
HJR 2SignedSchwartzkopf This joint resolution rejects the report of the Delaware Compensation Commission in its entirety.REJECTING IN ITS ENTIRETY THE REPORT OF THE DELAWARE COMPENSATION COMMISSION.
SB 17SignedTownsendThis bill provides for research or transplantation of organs and other anatomical gifts as authorized under federal law among donors who have tested positive for exposure to HIV and intended recipients who have also tested positive for exposure to HIV. Delaware is currently the only state that has laws prohibiting the use of HIV positive organs for HIV positive recipients entirely, including the use of organs as part of a research protocol.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANATOMICAL GIFTS.
HCR 5PassedD. ShortThis resolution extends the due date of the findings and recommendations report of the Task Force to Review Financial Management Procedures of Volunteer Fire Companies from January 31, 2017 to February 28, 2017.EXTENDING THE REPORTING DATE OF THE TASK FORCE TO REVIEW FINANCIAL MANAGEMENT PROCEDURES OF VOLUNTEER FIRE COMPANIES.
SCR 4Passed SenateBoniniDesignating February 6, 2017 as "Ronald Reagan Day" in DelawareDESIGNATING FEBRUARY 6, 2017 AS "RONALD REAGAN DAY" IN THE STATE OF DELAWARE
HCR 7PassedLonghurstThis resolution recognizes the Easterseals/ CAI Volleyball Challenge occurring February 24-26, 2017, at William Penn High School, an event that raises funds for an organization providing services and support to Delawareans with disabilities or special needs and their families.RECOGNIZING THE EASTERSEALS/ CAI VOLLEYBALL CHALLENGE AND THE VOLLEYBALL AMBASSADOR, JOURNEY PARSON, IN THE 12TH YEAR OF DEMOCRAT AND REPUBLICAN TEAM PARTICIPATION.
HCR 9PassedPotter This House Concurrent Resolution recognizes February 2017 as “African American History Month.” It also requests the Governor issue a proclamation declaring the same and encouraging State agencies and all Delawareans to observe the occasion with appropriate programs, ceremonies, and activities.RECOGNIZING THE MONTH OF FEBRUARY 2017 AS "AFRICAN AMERICAN HISTORY MONTH" AND REQUESTING THE GOVERNOR ISSUE A PROCLAMATION FOR THE OCCASION.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SCR 2PassedEnnisThis Senate Concurrent Resolution continues the Motorcycle Rider Education Advisory Committee, which must meet at least quarterly to monitor the Motorcycle Rider Education Program, and assess the future needs of and recommend improvements to the Program.CONTINUING AND REORGANIZING THE MOTORCYCLE RIDER EDUCATION ADVISORY COMMITTEE.
SB 13 w/ SA 1SignedTownsendThis Act continues the reforms enacted over the past 4 years by restructuring Chapter 11 of Title 12, and adopting in substance many provisions from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission. In addition, this Act adopts certain recommendations from the Delaware Unclaimed Property Task Force formed under Senate Concurrent Resolution No. 59 of the 147th General Assembly, and makes significant changes to the State’s unclaimed property law to bring greater predictability, efficiency, and fairness to the State's unclaimed property reporting process and compliance initiatives. More specifically, these changes include reducing the look-back period of all voluntary disclosure agreements and audits to 10 report years, and creating a 10 year statute of limitations for the State to seek payment of unclaimed property due to the State. In addition, this legislation aligns the State’s record retention requirement for companies with the statute of limitations and look back period, which brings State law into conformity with a majority of other states. This Act also offers any company currently under audit prior to July 22, 2015, the opportunity to convert their audit into a voluntary disclosure agreement by entering into the Secretary of State Voluntary Disclosure Agreement program. All companies who received a notice of examination and are currently under audit as of the effective date of this Act will have the opportunity to engage in an expedited audit review process. Finally, this Act mandates that interest be assessed on any late-filed unclaimed property, as a means to incentivize voluntary compliance.AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO ABANDONED OR UNCLAIMED PROPERTY.
SB 16SignedSokolaThis Act amends the Fiscal Year 2017 Bond and Capital Improvements Act to 1) authorize the expenditure of prior year Community Redevelopment Funds for public safety purposes in the City of Wilmington; 2) clarify the applicability of prevailing wage provisions on Community Transportation Fund and Municipal Street Aid projects; 3) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects 4) allow for the use of certain operating funds of local school districts as a match for school construction; 5) allow Cape Henlopen to transfer certain unobligated major capital improvement funds for the Sussex Consortium Building project; and 6) to authorize the Office of Management and Budget to execute loand collateral-related documents related to the New Castle County Courthouse parking facilityAN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2017.

Senate Committee Assignments

Committee
Agriculture
Judicial & Community Affairs

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance/Commerce
Education
Judiciary
Natural Resources
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records