Daily Report for 6/13/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SA 1 to SB 81PWBHenryThis Amendment provides that this Act is effective 6 months from enactment to give the Family Court and the Division of Child Support Services time to create a process and procedures to implement it. 
HA 2 to HB 179PWBLynnThis Amendment allows for the Board of Trustees' tax counsel to review the impact of House Bill No. 179 and provide a favorable decision concerning the tax qualification of the proposed changes before HB 179 is effective. If no decision is issued by January 1, 2018, HB 179 will take effect on January 1, 2018. The Board of Pensions must provide notice to the Registrar of Regulations when the Board has received tax counsel has issued an opinion. 
HB 221CommitteeD. ShortThis bill creates a 3-year exemption for county and municipal government contracts from prevailing wage requirements. Also the local governments will prepare cost study comparison reports for the Controller General's Office to compile and report to the General Assembly.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MUNICIPAL AND COUNTY CONSTRUCTION PREVAILING WAGE STUDY ACT.
HA 1 to HB 187PassedJ. JohnsonThis amendment exempts charitable organizations that have been working in the field of affordable housing for at least 5 years and community development corporations from the certification process at sheriff’s sales. 
HA 4 to HB 156PWBSpiegelmanThis amendment changes the caliber from .38 to .357 to .38. 
HA 2 to HB 144PassedOsienskiThis amendment establishes the process the Department must follow in order to use its eminent domain power to construct a pathway that is not adjacent to the existing right of way through dedicated open space in a recorded residential subdivision. 
HB 223CommitteeK. WilliamsThis bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property to first obtain a permit from the Department of Health and Social Services before placing the bin.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DONATION BINS.
HA 1 to HB 205PassedKeeleyThis amendment gives the Justice of the Peace Court the ability to set bail conditions that require a person charged with Driving Under the Influence to enter a continuous sobriety monitoring program or other conditions that the magistrate deems appropriate. 
SB 116CommitteeSimpsonThis bill creates a 3-year exemption for public school construction from prevailing wage requirements. Also the public school will prepare cost study comparison reports for the Controller General's Office to compile and report to the General Assembly. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL CONSTRUCTION PREVAILING WAGE ACT.
HA 1 to HB 131PWBBaumbachThis bill sets out the framework for what happens with rent increases paid by a home owner to a community owner when such increase is in dispute. While in dispute, a home owner is required to pay the rent increase to the community owner. If the rent increase is decreased or rejected during the arbitration process or thereafter, on appeal, the community owner must rebate to the home owner that portion of the rent increase that was decreased or rejected. The rebate must occur within 20 days after the final date of the decrease of rejection of the rent increase. This bill also provides that if the arbitration is appealed and such appeal continues in Superior Court for more than one year after the increase was imposed, the community owner must escrow the rent increase amount collected after such date in a tenant security deposit account required under § 7018 of this chapter. Finally, this procedure will apply to any rent increase imposed 60 days after the enactment of this Act. 
SB 118CommitteeMarshallThis bill would prohibit individuals with an adjudication of delinquency involving physical or sexual assault crimes against another child or an adult from being an employee, volunteer, or contractor for a child-serving entity. Such prohibition shall last for 10 years following the date of adjudication. These crimes are: reckless endangering in the first degree; abuse of a pregnant female in the second degree; abuse of a pregnant female in the first degree; strangulation; assault in the second degree; assault in the first degree; vehicular assault in the first degree; vehicular homicide in the second degree; vehicular homicide in the first degree; criminally negligent homicide; manslaughter; murder by abuse or neglect in the second degree; murder by abuse or neglect in the first degree; murder in the second degree; murder in the first degree; promoting suicide; abortion; unlawful sexual contact in the second degree; unlawful sexual contact in the first degree; rape in the fourth degree; rape in the third degree; rape in the second degree; rape in the first degree; sexual extortion; bestiality; continuous sexual abuse of a child; dangerous crime against a child; sex offender unlawful sexual conduct against a child; sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree; dangerous crime against a child; female genital mutilation; dealing in children; abandonment of child; endangering the welfare of a child; child abuse in the second degree; child abuse in the first degree; crime against a vulnerable adult; sexual exploitation of a child; dealing in child pornography; subsequent convictions of sexual exploitation of a child or dealing in child pornography; possession of child pornography; sexual offenders, prohibitions from school zones; sexual solicitation of a child; and promoting sexual solicitation of a child. Under Title 31, Section 309(b)(4), the term "Child-serving entity" is defined to mean: a. The DSCYF; which includes any employee or volunteer of DSCYF or 1 of its contractors who have regular direct access to children and/or adolescents under the age of 18, but who do not provide child-care services at a facility as referred to in paragraph (b)(4)b. of this section; b. Residential child-care facilities in Delaware which are under contract with or operated directly by DSCYF; c. Public and private schools, including employees of the Department of Education; d. Child-care providers as defined in § 342 of title 31; e. Youth camps or summer schools that are exempt from child-care licensing requirements; and f. Facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD WELFARE.
SB 119CommitteeMarshallThis bill would prohibit a person, who was adjudicated a delinquent for a crime that would otherwise be a felony if the person was not a minor, from being a qualified voter for a period of 10 years. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SB 120CommitteeMarshallThis bill would prevent an employer operating a nursing facility or similar facility from employing or continuing to employ a person with an adjudication of delinquency deemed disqualifying by DHSS's regulations. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO NURSING FACILITIES AND SIMILAR FACILITIES.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 86SignedB. ShortThis bill corrects an unintended consequence of House Bill No. 15 of the 148th General Assembly, signed into law by the Governor on June 24, 2015, by preventing double taxation of premium ceded to a series captive insurance company or protected cell. This bill also precludes premium taxation of series limited liability companies, exclusive of any series thereof, when premium is written only in the series of such of series limited liability companies.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE.
HB 87 w/ HA 1, HA 2SignedB. ShortThis bill enhances Delaware's attractiveness as a captive insurance domicile by creating a streamlined and inexpensive regulatory regime for captive insurance companies that are dormant.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE.
HB 114 w/ HA 1SignedB. ShortThe purpose of this amendment is to better protect the motorists of the State of Delaware by raising the minimum automobile bodily injury and property damage limits to reflect the current economic conditions. The minimum automobile liability limits have not been raised in the State of Delaware since July 19, 1983. Most motor vehicle policies sold in Delaware provide $10,000 for property damage coverage. Bodily injury insurance proceeds are frequently used to cover the cost of not only pain and suffering, but an injured person’s medical expenses and lost wages, which have increased since 1983. For example, $15,000 in 1983 is equivalent to $35,960.54 in 2016, based on the federal Consumer Price Index – Urban statistics for 1983 and 2016. In addition, $30,000 in 1983 is equivalent to $71,921.08 in 2016.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO BODILY INJURY AND PROPERTY DAMAGE COVERAGE ON MOTOR VEHICLES.
SB 84 w/ HA 1PassedPettyjohnThis Act makes consistent the amount of time that the Court "looks back" to determine if the current offense is a second offense for the purposes of sentencing. This Act applies to Traffic offenses, but it would not be applicable to DUI cases.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SECOND AND SUBSEQUENT OFFENSES
SB 109SignedTownsendIndividuals who receive health care via Medicaid deserve the same dedication to treatment of substance abuse disorders as individuals who receive health care via private insurance. This Act extends the same access to treatment of a substance use disorder within the Medicaid framework that Senate Bill 41 of the 149th General Assembly afforded to individuals covered by private health insurance, except that a 72 hour supply instead of 5 day supply of emergency medication is required. This Act also clarifies that Medicaid health plans must use the full set of American Society of Addiction Medicine criteria when determining whether “medical necessity” exists for the placement, continued stay, and transfer/discharge of patients with a substance use disorder in treatment programs. Additionally, this Act aligns protections relating to services, specifically 5 days of treatment in detox centers and 30 days of treatment in Intensive Outpatient Programs, with the residential treatment option that is protected pursuant to Senate Bill 41 of the 149th General Assembly.AN ACT TO AMEND TITLE 18 AND TITLE 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR SERIOUS MENTAL ILLNESS AND DRUG AND ALCOHOL DEPENDENCY.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 158PassedKeeleyThis technical amendment clarifies that a beer garden license may not be used by an existing liquor license holder to expand the size or nature of the licensed establishment. 
SCR 28PassedLawsonThis resolution congratulates the class of 2015-2016 Eagle Scouts for having attained the highest rank one can earn in the Boy Scouts of America.CONGRATULATING THE CLASS OF 2016-2017 EAGLE SCOUTS FOR HAVING ATTAINED THE HIGHEST RANK ONE CAN EARN IN THE BOY SCOUTS OF AMERICA.
HA 2 to HB 158PassedKeeleyThis amendment clarifies that there is a 3/5 vote required. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Corrections & Public Safety
Education
Elections & Government Affairs
Executive
Health, Children & Social Services
Judicial & Community Affairs
Labor

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance/Commerce
Education
Health & Human Development
Housing & Community Affairs
Judiciary
Natural Resources
Public Safety & Homeland Security

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Agriculture

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 5DefeatedLonghurstThis Act is the first leg of an amendment to the Delaware Constitution to provide for equal rights. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment arising from historical bias to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values. AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.
HA 1 to HB 5DefeatedGrayThis amendment narrows both the class and the rights to only those the U.S. Constitution and U.S. Supreme Court have determined require strict scrutiny. 

Nominations Enacted upon by the Senate

No Records