Daily Report for 4/4/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SA 1 to SB 40PassedBushwellerThis amendment removes references to the International Association of Insurance Supervisors. 
HA 2 to HB 75PWBBaumbachThis amendment requires that all public bodies, not just those in the executive branch of state government, that are subject to the provisions of this chapter and meet 4 or fewer times per year, electronically post draft minutes of open public meetings, identified as "draft minutes," within 20 working days after the conclusion of the meeting. In addition, it requires that all that all public bodies, not just those in the executive branch of state government, that are subject to the provisions of this chapter post final approved minutes within 5 working days of final approval. This Amendment also removes the new provision that would require a public body to allow a person attending an open meeting to make audio and video recordings of the meeting so long as the act of recording is not disruptive. This amendment also removes the extension of time to file a lawsuit challenging the validity under this chapter of any action of a public body and retains the current deadlines. 
HA 1 to HB 45PassedKeeleyThis amendment clarifies that if a non-party is not subject to subpoena, the administrative hearing officer is permitted to issue a commission so that evidence can be obtained from a jurisdiction where the non-party is subject to subpoena or other process. This amendment also provides that the administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose an undue burden or expense on the person subject to the subpoena or commission. 
SA 2 to SB 42PassedBushwellerThis amendment provides an exemption where the rate is actuarially justified. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 31SignedMatthewsThis bill authorizes the use of “prize-linked” savings accounts in the State of Delaware. These accounts have been used in a number of countries and several U.S. states to promote savings, especially among persons with low-income and first-time savers. A deposit into the program makes the entrant eligible for a prize. The principal in the account remains untouched. The first large-scale program of this nature in the U.S. was launched in Michigan about 6 years ago, and the program has subsequently expanded to Nebraska, North Carolina and Washington. At the end of 2014, federal legislation was passed allowing federally charted banks and credit unions to offer this type of savings account in any state that does not prohibit it. This bill explicitly authorizes such programs in Delaware and clarifies that such programs do not constitute prohibited gambling or lottery practices.AN ACT TO AMEND TITLES 5 AND 11 OF THE DELAWARE CODE RELATING TO PRIZE-LINKED SAVINGS PROGRAM.
HB 48SignedJ. JohnsonThis bill fixes a drafting error in Senate Bill 198 of the 148th General Assembly that inadvertently made it harder for juveniles to get mandatory expungements by adding the term ‘violent misdemeanor’ as an excepting factor that would prevent a youth from receiving an expungement. Previously, violent misdemeanors were never included in the state’s statute regarding mandatory expungements. The bill also strikes the definition of violent misdemeanor, which is no longer applicable to the state’s juvenile expungement statute.The phrase “sex offense” was added after the word “felony” for clarity and to mirror the definition in § 1016. No substantive change is made by this clarification.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE EXPUNGEMENTS.
HB 66 w/ HA 1 + SA 1SignedKeeleySection 1 of this Act provides that the statute of limitations period for a substantial underpayment of a license fee or gross receipts tax will commence at the end of the period for which the license is issued, in order to parallel the normal limitations period for the assessment of an underpayment of this type of tax. Section 2 of this Act provides that notice of a judgment must have been provided to the taxpayer not later than the date of the notice given prior to the revocation of a professional license resulting from non-payment of taxes. Section 3 of this Act conforms Delaware’s deadlines for filing certain information returns to those established in the Internal Revenue Code. In an effort to combat identity theft and taxpayer fraud, federal filing dates were recently changed. For example, starting in 2017 the federal deadline for an employer to file aggregated W-2 data with the IRS will be January 31, which is the same date on which W-2s are distributed to individual taxpayers. Prior to this change, the IRS did not receive W-2 data until March 1 meaning that there has been a one-month window in which it could not readily confirm the authenticity of W-2s filed with taxpayers’ returns. Like other states and the IRS, Delaware has had to devote considerable resources to combating fraud and identity theft. By conforming to the new federal standard, Delaware will have data on hand that will help identify and isolate fraudulent filings. As the State’s employers will already be required to comply with the new federal deadlines, conforming Delaware’s filing dates will result in no additional administrative burden. Sections 4 and 5 of this Act adjust Delaware’s deadlines for filing income tax returns for pass-through entities (partnerships and S corporations) and corporations to be consistent with the new deadlines set forth in the Internal Revenue Code. For tax years beginning after December 31, 2015, the federal deadline for pass-through entities taxed as partnerships and as S corporations to file returns will be March 15 or the 15th day of the third month following the end of the pass-through entity’s fiscal year, while the federal deadline for a C corporation to file an income tax return will be April 15, or the 15th day of the fourth month after the end of the C corporation’s fiscal year. As the State’s business entities will already be required to comply with the new federal deadlines, conforming Delaware’s filing dates will result in no additional administrative burden. Finally, this Act deletes a provision of the Code that was effective only for tax returns due in 1958 and 1959.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO TAX ADMINISTRATION.
SB 41 w/ SA 1SignedHansenIn an effort to reduce overdose deaths relating to the growing epidemic of opioid addiction, this Act requires carriers to provide coverage for medically necessary inpatient treatment of alcohol and drug dependencies and prohibits carriers from imposing precertification, prior authorization, pre-admission screening, or referral requirements for the diagnosis and treatment, including in-patient treatment, of drug and alcohol dependencies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COVERAGE FOR SERIOUS MENTAL ILLNESS AND DRUG AND ALCOHOL DEPENDENCY.
SA 1 to SB 41PassedHansenThis Amendment requires access to a 5 day emergency supply of prescribed medications covered under the health benefit plan for the treatment of serious mental illnesses. 
HCR 16PassedBoldenThis Concurrent Resolution recognizes April 4, 2017, as "Equal Pay Day."DESIGNATING APRIL 4 AS "EQUAL PAY DAY" IN THE STATE OF DELAWARE.
SA 1 to HB 66PassedMcDowellLines 1 and 2 of this Amendment make a technical correction to House Amendment No. 1. Lines 3 and 4 of this Amendment change the deadline for filing a corporate tentative return for fiscal year taxpayers from the first day of the fourth month to the fifteenth of the fourth month of the current year. Lines 5 through 30 of this Amendment change the date on which a corporation must make the first payment of tentative tax from April 1 to April 15 of the current year for calendar year taxpayers and from the first day of the fourth month to the fifteenth day of the fourth month of the current year. Lines 31 and 32 of this Amendment make Section 6, which is added by this Amendment, effective for all tax years beginning after December 31, 2016. 
HCR 17PassedOsienskiThis Resolution recognizes the week of April 3 - 7 as Work Zone Awareness Week in Delaware.RECOGNIZING THE WEEK OF APRIL 3 – 7, 2017 AS WORK ZONE AWARENESS WEEK IN DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 15 w/ SA 1SignedHeffernanThis bill creates a requirement that all public high schools, including charter schools, shall offer at least one computer science course at the high school level by the 2020-2021 school year. Also, this bill creates a requirement that, by the 2018-2019 school year, a computer science course may satisfy one year of the total credit requirement in mathematics, excluding Algebra I, Geometry, or Algebra II or the equivalent courses. The State Board of Education shall develop guidelines addressing how computer science courses can satisfy graduation requirements.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL CURRICULUM AND COMPUTER SCIENCE.
HA 1 to HB 58PassedK. WilliamsThis Amendment is a substantive change which serves to remove existing subsection (f) relating to ground mounted systems instead of making the revisions noted in HB58. This Amendment also removes the provision relating to a prevailing party being entitled to costs and reasonable attorney's fees associated with litigation arising under this section. 
SCR 16PassedBushwellerThis Concurrent Resolution observes April 2017 as the 2017 Month of the Military Child and April 4, 2017 as the official Day of Recognition of the Military Child in the State of Delaware.OBSERVING APRIL 2017 AS THE 2017 MONTH OF THE MILITARY CHILD AND APRIL 4, 2017 AS THE OFFICIAL DAY OF RECOGNITION OF THE MILITARY CHILD IN THE STATE OF DELAWARE.
HA 1 to HB 93PassedMitchellThis Amendment provides specific timeframe language regarding inspections should one be requested by the Professional Licensing Section. 
SCR 17PassedMcBride This Concurrent Resolution recognizes April 2-8, 2017, as “Crime Victims’ Rights Week” in Delaware.RECOGNIZING APRIL 2-8, 2017, AS "CRIME VICTIMS' RIGHTS WEEK" IN THE STATE OF DELAWARE.
HA 1 to HB 89PassedBoldenThis Amendment restores the original deadline for filing certificates of nomination for minor parties to August 1st. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Corrections & Public Safety
Elections & Government Affairs
Health, Children & Social Services
Judicial & Community Affairs
Sunset
Transportation

House Committee Assignments

Committee
Administration
Agriculture
Corrections
Economic Development/Banking/Insurance/Commerce
Judiciary
Labor
Public Safety & Homeland Security
Veterans Affairs

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 58 w/ HA 1DefeatedK. WilliamsThis Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

Nominations Enacted upon by the Senate

No Records