Daily Report for 4/19/2018

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 31 w/ SA 1SignedSimpsonThis bill allows a hunter to use a handgun in lieu of a shotgun on farms permitted by DNREC through their Deer depredation programs to reduce agricultural crop damage.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO A CERTAIN USE OF A HANDGUN.
SB 51 w/ SA 1SignedPettyjohnThis Act clarifies the definition of "subsequent offense" to mean a like offense occurring within 3 years of the former offense. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ELECTRONIC COMMUNICATION DEVICES AND PENALTIES.
HB 144 w/ HA 2SignedOsienskiThis bill serves to better define and limit what real property rights the Department of Transportation may acquire. It also corrects a technical error that if left unchanged, will jeopardize the use of federal funds on transportation projects due to non-conformance with the National Environmental Policy Act and federal highway regulations.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE ACQUISITION OF REAL PROPERTY.
HB 174SignedMitchellThis Act raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony. This change is to deter such "straw purchases" by making jail time more likely for the offender, and consequently, to reduce the number of people who cannot legally possess firearms but obtain them in this manner.AN ACT TO AMEND TITLE 11 RELATING TO ILLEGAL PURCHASES OF FIREARMS.
SB 114 w/ HA 2SignedSokolaThis bill updates existing laws under Title 16 by making corrections to terms used concerning the State Spay and Neuter Program, and members assigned to the Spay and Neuter Performance Review Committee, including the addition of a representative of a non-profit animal shelter who has been established in the state.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL POPULATION CONTROL PROGRAM AND SHELTER STANDARDS.
HB 243 w/ HA 1SignedD. ShortThis bill is the direct result of the Delaware Financial Review of Volunteer Fire Companies Task Force Report of February 2017, created by House Concurrent Resolution 95 of the 148th General Assembly. The revised subsection (b) established in this Bill will provide the State Fire Prevention Commission with the authority to make sure that volunteer fire and ambulance companies properly complete their audit requirements and maintain fiscal responsibility. If a company fails to comply with audit requirements, the State Fire Prevention Commission can have the State Treasurer withhold Grant-in-Aid funds from the offending company. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO VOLUNTEER FIRE AND AMBULANCE COMPANIES.
SB 129 w/ SA 1SignedEnnisThis bill makes clear that farm equipment and implements of husbandry, including when being temporarily moved or transported by a manufacturer, dealer, business, or commercial transport company, shall not be subject to the weight requirements of Section 4502 and therefore not subject to overweight fees by the Secretary under Section 4504. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OVERWEIGHT FARM EQUIPMENT.
HB 277SignedBaumbachThis Act extends the Delaware Manufactured Home Relocation Trust Fund until July 1, 2024.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND.
HS 1 for HB 287 w/ HA 1SignedK. WilliamsThis Substitute Bill makes the following changes to House Bill No. 287: 1. It changes the name of the new diploma to a "Diploma of Alternate Achievement Standards" instead of a "Diploma of Modified Performance Standards." 2. It adds a requirement that a student must be eligible to take a statewide alternate assessment to receive the new diploma. 3. The Act takes effect in the academic year after enactment.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STATE HIGH SCHOOL DIPLOMA REQUIREMENTS.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 27PassedBriggs KingThis Resolution recognizes April 15 to April 21, 2018 as National Volunteer Week.RECOGNIZING NATIONAL VOLUNTEER WEEK.
HA 2 to HB 336PWBMiroThis amendment clarifies that this section applies to every public school and charter school and that the silent alarm system must be approved by the local board of education which has the responsibility to see that the requirements are complied with. Additionally, the silent alarm system may be activated by a phone application based system that integrates with the state’s supplemental 9-1-1 database and allows authorized users to simultaneously place a voice call to 9-1-1 while also providing notifications via text, email, and push notifications to school staff, school resource officers, 9-1-1, local law enforcement, and emergency personnel. 
SA 1 to SS 1 for SB 80PassedMcDowellThis amendment clarifies the approval process for DSIC charges, making it clear such charges are subject to the PSC oversight and audit process. In addition, the amendment provides that customers not principally represented by the Delaware Public Advocate will also receive notice of DSIC filings. The amendment also prohibits an electric or gas utility serving over 100,000 customers from otherwise filing an electric distribution rate case until at least January 1, 2020, if the utility utilizes the DSIC mechanism established by this legislation. Finally, the amendment includes an expiration/sunset provision, thus triggering a review by the General Assembly and Governor of the effectiveness of the legislation.  
HB 376CommitteeBennettThis Act replaces House Bill No. 285 and, in so doing, removes provisions of House Bill No. 285 related to creating an order of relinquishment process for removing firearms or ammunition from an individual subject to a report from a mental health provider under § 5402 of Title 16 as these provisions are now exclusively contained in House Substitute No. 1 for House Bill No. 302. This Act retains provisions of House Bill No. 285 that do the following: (1) Improve the structure and process related to the Relief from Disabilities Board. (2) Require that information regarding individuals who are declared guilty but mentally ill is reported to the Federal Bureau of Investigation’s National Instant Criminal Background Checks System (NICS). (3) Require that an individual who is voluntarily admitted for inpatient treatment at a psychiatric treatment facility be informed of the individual’s rights and options as a voluntary patient. (4) Clarify that an individual who is emergently detained must be treated the same as an individual who is subject to a provisional admission and may not be considered involuntarily committed for any legal purpose. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY.
HA 1 to HB 165StrickenHudsonThis amendment removes a limitation on direct wine shippers if the wine is listed in the current publication designated by the Commissioner for sale by importers in Delaware to Delaware retailers. 
SCR 55PassedMcBrideThis Senate Concurrent Resolution commends the Delaware State Dental Society on the success of its 15th annual Give Kids a Smile Program and recognizes its continuing efforts to improve the dental health of Delaware’s children.COMMENDING THE DELAWARE STATE DENTAL SOCIETY ON ITS ACHIEVEMENTS WITH THE 15TH ANNUAL GIVE KIDS A SMILE PROGRAM AND RECOGNIZING ITS CONTINUING EFFORTS TO IMPROVE THE DENTAL HEALTH OF DELAWARE'S CHILDREN.
SA 1 to HB 53PassedLawsonThis amendment ensures that the regulation of items listed in paragraph d, including the storage and sale, shall be consistent with the standards set forth in NFPA1124 National Fire protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition. 
SA 1 to HB 92PWBLawsonThis amendment requires the receipt of over $1000 from the State of Delaware, any county, any municipality, any public instrumentality, any government agency, or any government organization disclosing whom the money was received from and for what purpose.  
SA 2 to HB 92PWBPettyjohnThis amendment requires the disclosure of funds provided by persons or entities, other than the State of Delaware, for travel expenses, including lodging. The disclosure would require the identification of the person or entity and the amount of money that was provided.  
SA 3 to HB 92PWBLavelleThis amendment requires the disclosure of receipt of over $5000 from an entity that receives $500,000 dollars or more from the State of Delaware.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 289SignedB. ShortThis bill amends 18 Del. C. § 6907 relating to the filing of annual statements and payment of premium taxes for captive insurance entities. This legislation will require captive insurers to file their annual statements and pay premium taxes on or before April 15th of each year.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE.
HB 309SignedBoldenThis Act codifies the practice of the Joint Legislative Oversight and Sunset Committee to recommend the continuation of an agency unless or until certain conditions are met or modifications are made.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.
HCR 75PassedBoldenThis Concurrent Resolution recognizes the contributions of the Delta Sigma Theta Sorority chapters in the State of Delaware and declares April 19, 2018, to be “Delta Day at the Delaware Capital”.RECOGNIZING APRIL 19, 2018, AS “DELTA DAY AT THE DELAWARE CAPITAL”.
HCR 74PassedJaquesThis Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2018.COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2018.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 90SignedBushwellerThis bill would allow for a student to participate in the Inspire Scholarship Program for eight continuous semesters instead of the current six. This would allow a student to use Inspire Scholarships for each of the semesters during a traditional college program.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INSPIRE SCHOLARSHIP PROGRAM.
SB 128 w/ SA 1SignedBoniniThis bill creates a special license plate for members of the Dover Air Force Base Chiefs Group.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE OR REGISTRATION PLATES.
HB 307 w/ HA 1SignedJ. JohnsonUnited States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until his/her mid-twenties which makes juveniles especially prone to making poor choices. In the landmark case of Miller v. Alabama, wherein the United States Supreme Court prohibited mandatory life sentences without parole for juveniles, the Court wrote: “Children are constitutionally different from adults for sentencing purposes.” This proposed legislation would repeal and remove all minimum-mandatory sentencing schemes for juveniles adjudicated delinquent in Family Court because children are different than adults. Family Court judges and commissioners would still be able to impose a commitment to a DSCYF secure placement, but would now have the ability to exercise their judicial discretion to fashion an appropriate sentence for an individual juvenile. AN ACT TO AMEND TITLE 10 AND 11 OF THE DELAWARE CODE RELATING TO JUVENILES.
HB 314SignedMulrooneyThis Act provides for a clear and established procedure and time frame during which public employees may revoke their membership in an employee organization. This Act allows public employers and employee organizations to manage membership status and authorizations in a manner that will meet public employee’s desires while not disrupting the public employer’s or employee organization’s operations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC EMPLOYMENT RELATIONS ACT.
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.
HB 331 w/ HA 1, HA 1 to HA 1SignedKowalkoThis bill creates regulations concerning the use, distribution and education of Benzodiazepine and Non-benzodiazepine Hypnotics. It require Practitioners to obtain consent from a minor’s parent or guardian prior to prescribing these drugs, and require pharmacist to include a cautionary statement explaining the risks associated with the long term use of these drugs.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BENZODIAZEPINE AND NON-BENZODIAZEPINE HYPNOTICS.
HB 337SignedK. WilliamsThis Act prohibits marriage of individuals under 18 years of age.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGE OF MINORS.
SCR 49PassedHenryThis Senate Concurrent Resolution recognizes April 2018 as “Autism Awareness Month” and Autism Delaware's 20 years of service to the people of Delaware.RECOGNIZING APRIL 2018 AS “AUTISM AWARENESS MONTH” AND RECOGNIZING AUTISM DELAWARE’S 20 YEARS OF SERVICE TO THE PEOPLE OF DELAWARE.
SCR 50PassedCloutierThis Resolution recognizes April 2018 as Child Abuse Prevention Month in Delaware.RECOGNIZING APRIL 2018 AS CHILD ABUSE PREVENTION MONTH IN DELAWARE
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 331PassedKowalkoThis amendment provides a new definition of “Non- benzodiazepine hypnotic”. Additionally, the amendment restores current authority of the Secretary of Safety and Homeland Security. Lastly, it provides an exception for parental consent in the case of emergency treatment. 
HA 1 to HA 1 to HB 331PassedKowalkoThis amendment provides an additional exception for parental consent in the case of emergency treatment or for the treatment associated with neuromuscular disabilities. 
SCR 53PassedPooreThis resolution recognizes April 19, 2018, as The League of Local Government Day in Delaware.RECOGNIZING APRIL 19, 2018 AS THE LEAGUE OF LOCAL GOVERNMENT DAY IN THE STATE OF DELAWARE.
SCR 54PassedBushwellerThis Concurrent Resolution recognizes the success of the Delaware Health Information Network, a locally developed health information exchange, which has become a national model and continues to grow as an independent healthcare information technology organization.RECOGNIZING THE DELAWARE HEALTH INFORMATION NETWORK AS AN EXEMPLARY MODEL FOR PUBLIC-PRIVATE PARTNERSHIPS AND AS A GROWING HEALTH INFORMATION TECHNOLOGY ORGANIZATION BASED IN KENT COUNTY.
HA 1 to HB 307PassedJ. JohnsonThis amendment retains the minimum sentences for robbery first degree, possession of a firearm during the commission of a felony and possession of a firearm by person prohibited for juveniles. 

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments


Senate Committee Report

Banking, Business & Insurance

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

Andrus, Kathleen R.ConfirmedDelaware Interscholastic Athletic AssociationNew
Bennett, ReneeConfirmedAlderman of the City of Rehoboth BeachReappointment
Gant, FrancisConfirmedDelaware Board of Charitable GamingReappointment
Gay, Kyle EvansConfirmedState Public Integrity CommissionNew