Daily Report for 4/17/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 51PassedSimpsonThis resolution designates April 6, 2018 as “National Tartan Day” and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware’s first governor, John McKinly, was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant and influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41, which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish- American cultural organizations. COMMEMORATING THE OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS MADE BY SCOTTISH-AMERICANS TO THE UNITED STATES BY PROCLAIMING APRIL 6, 2018 AS NATIONAL TARTAN DAY
HA 1 to HB 306StrickenJ. JohnsonThis amendment provides that, where the Superior Court finds proof positive or presumption great that a juvenile over the age of 16 used, displayed, or discharged a firearm during the commission of a felony, the juvenile shall be tried as an adult. 
HA 1 to HS 1 for HB 319PassedB. ShortThis amendment corrects the section number of the Social Security Act. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 103SignedMatthewsThe Act amends Section 916 of Title 11 of the Code so that the statutory penalties for the crime of home improvement fraud increase as the amount of the loss to the victim increases, using the same scale applicable to Theft under Section 841 of Title 11 and New Home Construction Fraud under Section 917 of Title 11. Like Theft under Section 841 of Title 11, the amendment also provides for an increase in the level of the offense for amounts under $50,000 where the victim is 62 years of age or older or an "adult who is impaired" or a "person with a disability" as defined in the Code. The Act also amends the definition of "home improvement contract" to provide that a victim's payment can be in any form, not just money, and to clarify that a "home improvement contract" includes all agreements for labor, services and materials to be furnished and performed under the home improvement contract.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HOME IMPROVEMENT FRAUD
HB 308SignedHeffernanThis Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.AN ACT TO AMEND CHAPTER 412, VOLUME 80 OF THE LAWS OF DELAWARE RELATING TO THE JUVENILE OFFENDER CIVIL CITATION PROGRAM.
SB 152Out of CommitteeSimpsonThis Act would facilitate EV and grid-integrated electric vehicle interconnection by including the Society of Automotive Engineers industrial safety standard, J3072, which sets safety requirements for EVs that provide power from their batteries back to the electric grid.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO GENERATING SYSTEMS WITH THE NEW SAE ELECTRIC SAFETY STANDARD.
HB 316 w/ SA 1SignedLonghurstThis bill amends the Charter of the City of Delaware City. Section 1 changes the maximum repayment term from ten (10) to twenty (20) years for the financing of a capital asset. This change allows for a greater range of borrowing term options for the City’s consideration. Section 2 changes the responsibilities and duties of the City Secretary. Section 3 changes the responsibilities and duties of the City Treasurer. The changes in Sections 2 and 3 allow for improved transparency and separation of duties within the City’s government.AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY.
SB 160SignedHenryThis Act revises and improves the New Castle County Board of Assessment Review ("Board") by making revisions that are the result of practical lessons learned over the years of the Board's operation. The specific changes are as follows: 1. Increases the total number of Board members from 7 to 9 members, to increase the total pool of experienced subject matter experts on the Board and improve the already high quality of decisions made by the Board. 2. Revises the residency requirement for Board membership to encompass all of New Castle County instead of specific council districts, thereby increasing the pool of talented applicants who can be considered for selection to the Board. With this change, appointments can be made based upon the applicant’s competency and expertise without being limited by where the applicant resides in the County. 3. Decreases the term of appointments for Board members appointed or reappointed after enactment of this Act from 6 years to 4 years to encourage greater participation on the Board. The current 6 year term discourages potential applicants. 4. Removes the requirement regarding the length of terms for the original Board members because it is no longer necessary. The Board was established in 1953. 5. Changes references to the Department of Finance to accurately reflect the current organization and responsibilities of New Castle County departments. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE NEW CASTLE COUNTY BOARD OF ASSESSMENT REVIEW.
SA 1 to HB 316PassedPooreThis amendment is a technical revision to clarify a typographical error. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 84 w/ HA 1SignedPettyjohnThis 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
HB 306 w/ HA 2SignedJ. JohnsonThis bill permits judges to utilize their discretion in determining whether a juvenile charged with possession of a firearm during commission of a felony should be transferred back to Family Court or remain in Superior Court. Prior to 2017, possession of a firearm during the commission of a felony was only one of five criminal charges where judges had no discretion in determining whether a juvenile should be treated as a juvenile or an adult because the statute required a juvenile charged with these offenses to be prosecuted as an adult. House Bill 9, which was enacted last year, provided judges the discretion to determine how a juvenile should be treated for four other offenses. This is a continuation of that effort. The bill simply changes the language from ‘shall’ to ‘may’ to allow judges to weigh the possibility that a juvenile may be better served in Delaware’s Family Court system through the amenability process already enumerated in Title 10 § 1010 and § 1011. This bill also raises the age from 15 to 16. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.
HB 311 w/ HA 1SignedBoldenThe Board of Clinical Social Work Examiners (“Board”) has worked several years to amend Chapter 39, Title 24 of the Delaware Code to update the statute governing social work licensure and practice in this State. The Board’s work has included collaboration with the Division of Professional Regulation, the Joint Legislative Oversight and Sunset Committee, several state agencies, and other stakeholders. The result of that work is this Act, which modernizes Chapter 39 to include a multi-tiered licensure system similar to those already in place in most other states, reflect current practices and standards, and clarify the law. Under current law, the Board regulates only licensed clinical social work (“LCSW”). The Board’s priority in amending Chapter 39 was to require licensure – with limited, specified exemptions – for all individuals who provide social work services in Delaware. Therefore, this Act establishes 3 tiers of social work and defines the scope of practice and licensure requirements for each tier: - LCSW is a specialty within the practice of master’s social work (“MSW”). An LCSW license requires the application of specialized clinical knowledge and advanced clinical skills. An LCSW licensee may provide psychotherapy, practice independently, diagnose, or supervise. An LCSW license requires: (1) a master’s degree in social work or a doctoral degree in a program the Board has approved, (2) the passing of an examination, and (3) the completion of 2 years of supervised experience under the supervision of a LCSW licensee. - MSW includes the application of specialized knowledge and advanced practice skills. Unlike LCSW, MSW does not include psychotherapy or diagnosing. An MSW license requires (1) a master’s degree in social work, and (2) the passing of an examination. - Baccalaureate social work (“BSW”) is the entry level of social work and generalist practice. A BSW license requires (1) a baccalaureate degree in social work, and (2) the passing of an examination. This Act includes a grandfather provision for MSW and BSW licenses. Under § 3907B, individuals who are already practicing within the scope of MSW or BSW but are not licensed may qualify for licensure depending on their education or experience. Section 3907B is limited to MSW and BSW; an LCSW license may not be grandfathered. To qualify under § 3907B, the following requirements must be met: - An MSW applicant must submit documentation from an employer that the individual has at least 10 years of work experience within the scope of MSW practice, or 2 years of work experience within the scope of MSW practice plus a master’s degree in social work, human services, social and behavioral sciences, psychology, sociology, or other related degree the Board has approved. - A BSW applicant must submit evidence of at least 3 years of work experience within the scope of BSW practice, or at least 1 year of work experience within the scope of BSW practice plus a baccalaureate degree in social work, human services, social and behavioral sciences, psychology, sociology, or other related degree the Board has approved. An application for licensure under the grandfathering provision must be submitted within 2 years of enactment of this Act. In addition to the grandfather provision, § 3903(c)(3) this Act exempts from licensure individuals who practice social work and are employed by a Delaware state agency or private or non-profit agency, including a hospital, as of the enactment date of this Act. However, an individual who is newly-employed or employed in a new position 5 years after the enactment date of this Act must be licensed under this chapter if the individual provides services as a social worker. “New position” is intended to capture circumstances in which an existing employee applies for different job either with the employee’s current employer or a different employer; “new position” does not apply to an employee’s existing position for which the job description and duties may be modified. The purpose of § 3903(c)(3) is to ensure that an individual who is currently employed in Delaware as a social worker but may not qualify for licensure under this Act is not disqualified from the individual’s current job. Other exemptions from licensure under this Act include: - An individual who is licensed in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in Delaware. This exemption is limited to 30 days per year. - Clergy, when engaging in activities within the scope of that individual’s ministerial duties. - Performance of assessments, such as basic information collection, informal observations, or screening and referral for eligibility for a program or service. - Development of service plans not related to a behavioral health diagnosis. - Participation as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan, if specified conditions are met. This Act also includes the following: - Updates to make Chapter 39 consistent with the laws of other Title 24 boards, including amendments to Board membership and duties and disciplinary sanctions. - Clarification regarding Board members’ terms and limits on repeat terms. - Authorizing the Board to audit licensees’ continuing education credits and limit the number of times an applicant may attempt the national exam. - Clarifications and updates to license reciprocity. - Extending the amount of time a licensee may put his or her license in inactive status from 1 year to 3 years. - Removing the requirement of 45 continuing education credit hours to allow the Board to set by regulation the number of required credit hours. - Limiting the consideration of excessive use or abuse of drugs for disciplinary purposes to only the previous 10 years or current use. Existing law did not include a limit to how far back such use could have occurred to invoke disciplinary action. - Clarification that, under appropriate circumstances, licenses can be suspended or permanently revoked; removing all references to “temporary revocation.” - Clarification that exceeding the scope of one’s license is a ground for sanctions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act takes effect 1 year after enactment. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF CLINICAL SOCIAL WORK EXAMINERS.
HB 345SignedSchwartzkopfThis bill increases the 1-time fee from $35 to $50 for Delaware’s environmental license plates in order to increase revenue to improve the capacity of the Delaware Center for the Inland Bays and The Partnership for the Delaware Estuary to fulfill their responsibilities to the protection and restoration of Delaware’s estuaries.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VEHICLES.
HA 1 to HB 311PassedBoldenThis Amendment clarifies that the exemption from licensure applicable to social workers employed by non-profit agencies is not limited to social workers employed by hospitals. 
SCR 52PassedBushwellerThis Concurrent Resolution observes April 2018 as the 2018 Month of the Military Child and April 17, 2018 as the official Day of Recognition of the Military Child in the State of Delaware. OBSERVING APRIL 2018 AS THE 2018 MONTH OF THE MILITARY CHILD AND APRIL 17, 2018 AS THE OFFICIAL DAY OF RECOGNITION OF THE MILITARY CHILD IN THE STATE OF DELAWARE.
HA 1 to SB 84PassedBriggs KingThis Amendment corrects a typographical error. 
HA 2 to HB 306PassedJ. JohnsonThis amendment provides that, where the Superior Court finds proof positive or presumption great that a juvenile over the age of 16 used, displayed, or discharged a firearm during the commission of a felony, the juvenile shall be tried as an adult. 

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Economic Development/Banking/Insurance/Commerce
Health & Human Development
Veterans Affairs

Senate Committee Report

Corrections & Public Safety

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