Daily Report for 4/24/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 78PassedMatthewsThis Concurrent Resolution supports the Wait Until Eighth Initiative which promotes awareness regarding risks associatied with smartphone use in young children. RECOGNIZING THAT DELAWARE PARENTS SHOULD WAIT UNTIL THEIR CHILDREN ARE IN EIGHTH GRADE BEFORE PROVIDING THEM SMARTPHONES.
SA 2 to SB 95PWBEnnis This Amendment retains the current 25 years eligibility for retirement. It also addresses the calculation of state employee pension benefits for correctional officers and specified peace officers. It creates multipliers for correctional officers and specified peace officers of 2.0% of final average compensation in service years prior to January 1, 1997, which is added to 1.85 of final average compensation in service years between January 1, 1997, and December 31, 2018. If the correctional officer or specified peace officer has accumulated more than 25 years of service prior to January 1, 2019, the multiplier for years above 25 in that time period is 2.45% of final average compensation. Finally, beginning January 1, 2019, the pension multiplier for correctional officers and specified peace officer is 2.50% of final average compensation for years of service less than 20 years after January 1, 2019. For years of service greater than 20 years after January 1, 2019, the multiplier is 3.50% of final average compensation. The amendment also changes the effective date in the bill from January 1, 2018 to January 1, 2019.  
SR 19PassedMarshallThis Senate Resolution honors the St. Elizabeth High School Vikings Boys Varsity Basketball Team on their victory in the 2018 Delaware State Basketball Championship, a first for the school. HONORING THE 2017-2018 ST. ELIZABETH VIKINGS BOYS VARSITY BASKETBALL TEAM UPON WINNING THE 2018 D.I.A.A. STATE BASKETBALL CHAMPIONSHIP.
HA 1 to HB 238PWBGrayThis amendment removes the required vaccination risk assessment provision from the bill and clarifies that a titer test may be used to assist in determining the need for the vaccination but is not mandated. 
HB 385CommitteeGrayThis Act places a constitutional limitation on base general fund operating appropriations. However, appropriations deemed as emergencies involving the health, safety, or welfare of the citizens of the State that are approved by three-fifths of the members elected to each House of the General Assembly are not included in the limitation.AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE DELAWARE CONSTITUTION RELATING TO REVENUE AND TAXATION.
HCR 77PassedSchwartzkopfThis resolution supports designating the month of April 2018 as “National Donate Life Month”, which recognizes those and the families of those who have donated organ, eye and tissue, as well as supports and encourages the donation of organ, eye and tissue.RECOGNIZING THE MONTH OF APRIL 2018 AS "NATIONAL DONATE LIFE MONTH" IN DELAWARE.
HB 381CommitteeJaquesThis Act corrects the language regarding veterans who received a general discharge under honorable conditions to be consistent with federal law and makes the surviving spouses of eligible veterans eligible for assistance from the Delaware Veterans Trust Fund.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VETERANS TRUST FUND.
SA 1 to SB 169LOTPooreThis Amendment makes technical corrections so that the terms used in the Act are internally consistent. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HS 1 for HB 302 w/ HA 2, HA 1 to HA 2, HA 3, HA 4SignedBentzThis Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WITH MENTAL ILLNESS.
SA 1 to HB 170PassedBushwellerThis Amendment deletes House Bill No. 170 in its entirety and, therefore, becomes the Act. This Amendment differs from House Bill No. 170 by creating a 6-month holding period before tax credits can be claimed by investors, adds a description of qualified expenditures, and ensures that qualified investment dollars are spent in Delaware to spur job growth. This Amendment makes clear that this Act sunsets for purposes of tax years commencing on or after January 1, 2024. This Amendment also makes technical corrections to conform language from House Bill No. 170 to the standards of the Delaware Legislative Drafting Manual.  
HCR 76PassedQ. JohnsonThis Concurrent Resolution provides the General Assembly's approval of the proposed final agreement or transaction between the Diamond State Port Corporation and GT USA Wilmington, LLC, as required by § 8784(1) of Title 29 of the Delaware Code. This Concurrent Resolution authorizes the Diamond State Port Corporation Board of Directors to enter into a lease for an up to 50 year concession to operate the Port of Wilmington and Edgemoor under the terms outlined in the Resolution. APPROVING THE PROPOSED TRANSACTION TO LEASE DIAMOND STATE PORT CORPORATION PROPERTY UNDER CERTAIN TERMS AND CONDITIONS.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 26SignedHenryThis Act creates a one-time $100 tax credit per unit for any business purchasing and placing an automatic external defibrillator in service in the State.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.
HB 140SignedM. SmithThis non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFANTS WITH PRENATAL SUBSTANCE EXPOSURE.
HB 313SignedGrayThis amendment to the Ocean View charter confirms the authority of the Town Council to elect to assess and value property pursuant to 22 Del.C. § 1101, et seq., as an alternate to the previously required procedure.AN ACT TO AMEND CHAPTER 399, VOLUME 77, LAWS OF DELAWARE, ENTITLED AN ACT TO REINCORPORATE THE TOWN OF OCEAN VIEW.
HB 322SignedPotterThis bill lowers the mayoral age requirement from 30 to 25. This change makes the Mayor’s age requirement consistent with that for City Councilmen. Under the City ‘s Charter, if the Mayor resigns, dies or is unable to perform his/her duties, the Council President takes the Mayor’s place. This succession would prove problematic if the Council President does not meet the age requirement for Mayor.AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON RELATING TO QUALIFICATIONS FOR MAYOR.
HB 355 w/ HA 1SignedOsienskiThis Act allows an agency, as defined in § 6902 of Title 29, (“agency”) to accept electronic bid submissions and on-line bidding for contracts procuring material and nonprofessional services. This Act also expands the use of electronic bid submission and on-line bidding to be used for large public works contracts and large professional service contracts by the Office of Management and Budget or an agency. This Act also makes the Section of Government Support Services in the Office of Management and Budget responsible for administering the State’s centralized contract development, solicitation, evaluation, and contract administration system on behalf of all agencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.
HS 1 for HB 319 w/ HA 1SignedB. ShortThis legislation creates a benchmark for determining when a treatment or service is no longer experimental or investigational. When Medicare determines that a treatment is safe for its population, commercial insurers in Delaware may no longer deny coverage on that basis. This bill will remove inconsistencies for properly-evidenced treatments between payers.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO EXPERIMENTAL TREATMENT HEALTH INSURANCE COVERAGE.
HA 1 to HS 1 for HB 319PassedB. ShortThis amendment corrects the section number of the Social Security Act. 
HA 1 to HB 355PassedOsienskiThis Amendment does all of the following: 1. On lines 1 through 8, clarifies that an agency has the option to specify certain hard copy documents accompany an electronic submission if specified in the request for proposal. 2. On lines 9 through 15, clarifies the authority of the Government Support Services Section within the Office of Management and Budget. 3. On lines 16 through 52, clarifies terminology in Sections 4 and 5 of House Bill No. 355.  

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Administration
Manufactured Housing
Transportation/Land Use and Infrastructure
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

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records