Daily Report for 5/1/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 82PassedWilsonThis resolution recognizes April 30th - May 5th, 2018 as Auctioneer Week in Delaware.RECOGNIZING APRIL 30TH - MAY 5TH, 2018 AS AUCTIONEER WEEK IN DELAWARE.
HCR 83PassedBriggs KingThis concurrent resolution proclaims May 2018 as " Community Action Month" in the State of Delaware.PROCLAIMING MAY 2018 AS "COMMUNITY ACTION MONTH" IN THE STATE OF DELAWARE.
HA 1 to HB 376PWBBennettThis Amendment does all of the following: (1) Provides that the judiciary committees of the Senate and House of Representatives may, acting either jointly or individually, request the State Bureau of Identification to provide the report that is required to be provided under current law. (2) Requires that a clinical evaluation and risk assessment performed at the direction of the Relief from Disabilities Board be performed by a mental health services provider, as defined under § 5401 of Title 16 of the Delaware Code. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
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.
SB 156SignedTownsendThis Act amends § 2532 of Title 29, in the Not-for-Profit Healthcare Conversion Act, to ensure that the Attorney General has sufficient time to review a proposed not-for-profit healthcare conversion and, if appropriate, take action to protect the charitable assets being held for public benefit. Due to an apparent drafting error, the Not-for-Profit Healthcare Conversion Act currently permits a not-for-profit healthcare entity to provide notice to the Attorney General of a proposed not-for-profit healthcare conversion as late as the day of the proposed transaction, which would prevent the Attorney General from performing the functions intended by the General Assembly when it enacted the Not-for-Profit Healthcare Conversion Act.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CONVERSION TRANSACTIONS FOR NOT-FOR-PROFIT HEALTHCARE ENTITIES.
HB 349SignedKeeleyThis Act creates a Delaware Commission on Irish Heritage and Culture.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMISSION ON IRISH HERITAGE AND CULTURE.
SS 1 for SB 91 w/ HA 1SignedSokolaThis Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CARBON MONOXIDE DETECTION DEVICES.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 170 w/ SA 1, SA 1 to SA 1SignedRamoneThis legislation, the Angel Investor Job Creation and Innovation Act for Small Technology Companies, creates an incentive for qualified angel investors to invest capital in qualified Delaware small technology companies..AN ACT TO AMEND TITLES 29 AND 30 OF THE DELAWARE CODE RELATING TO ANGEL INVESTOR JOB CREATION AND INNOVATION ACT .
SB 101 w/ SA 2 + HA 1SignedWalshEvery year, over 100 million animals are used as subjects of scientific and medical research, as well as for educational purposes. As recently as 2015, over 19,000 cats and over 61,000 dogs were used in research. In Delaware in 2015, 82 cats and 85 dogs were used in research. While some dogs and cats are still obtained from Class B dealers, most dogs used in research today are bred either in laboratories or by private companies that sell strictly to labs. After these animals are used, they may be euthanized even though they may still be healthy and suited for adoption. This Act requires research facilities that receive public funding to offer their cats and dogs for adoption instead of euthanizing them when they are no longer needed. Permitting private placement adoptions allows students or staff members of the institution to adopt these animals directly without waiting for a formal adoption process through the rescue organization or shelter. For dogs and cats not adopted by students or staff, this Act creates a clear path to transition cats and dogs from the laboratory or testing facility to an adoption center by requiring the research institution to enter into a contract with an animal rescue group or shelter that can offer these animals the possibility of living out the rest of their lives in a loving home.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED RESEARCH ANIMALS.
HB 300 w/ HA 1, HA 1 to HA 1 + SA 2, SA 4 + HA 4, HA 5, HSignedLonghurstThis bill makes it a crime to sell, transfer, buy, receive or possess a trigger crank or bump-fire device designed to accelerate the rate of fire of a semiautomatic rifle, making such weapon function more like an automatic weapon. A bump stock was used by the gunman in Las Vegas in October 2017. Violation of this provision is a Class E felony.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESTRUCTIVE WEAPONS.
SB 147 w/ SA 1SignedDelcolloImmunity from liability for individuals rendering emergency care is addressed in many sections of the Delaware Code. There are several separate statutes providing immunity for specific professions and even for lay individuals providing specific types of assistance. Section 6715 of Title 16 provided immunity to “Firemen, policemen or volunteer ambulance or rescue squad members rendering emergency care” until it was transferred to § 6801 of Title 16 in 1971. Section 3001G of Title 16 provides immunity to peace officers who administer naloxone to an individual whom the officer believes is undergoing an opioid-related drug overdose. Currently, 1 statute, § 6801 of Title 16, addresses 3 topics: (1) lay person, Good Samaritan, immunity for rendering emergency care; (2) emergency responder immunity for rendering emergency care; and (3) the establishment of the Advanced Life Support Standards Committee. The current statute does not clearly identify the emergency responders that are provided immunity and, because of changes in how emergency services are funded, could be interpreted to exclude any person receiving compensation for their work, including firefighters and police officers. This Act amends § 3001G of Title 16 to include all public safety personnel and to reference the general immunity statute for public safety personnel, which provides the exact same level of immunity, to avoid potential conflicts between the immunity statutes and provide consistent immunity protection public safety personnel. Section 3001G of Title 16 does not need to specifically provide immunity to lay individuals who administer naloxone under the Community-Based Naloxone Access Program because lay individuals have immunity for administering naloxone under the general Good Samaritan statute, § 6801 of Title 16. This Act clarifies § 6801 of Title 16 by breaking it into 3 different statutes, 1 statute for each topic, but does not substantively change the law because this Act: (1) Clarifies the individuals covered by the statute without conflicting with the other immunity statutes across the Delaware Code. (2) Does not change the acts for which individuals have immunity and thus continues to provide immunity for acts such as administering CPR or naloxone. (3) Does not change who is intended to be covered by the current language § 6801 of Title 16. (4) Does not change the standard for immunity. As in the current law, the individual only has immunity if the individual did not cause the injuries or death wilfully, wantonly, or recklessly or by gross negligence. (5) Clarifies that lay individuals have immunity when rendering emergency care. (6) Clarifies that public safety personnel rendering emergency care have immunity if the individual has current, relevant training or certification. Specifically, this Act: (1) Amends § 3001G of Title 16 to include all public safety personnel and to reference the general immunity statute for public safety personnel and makes technical corrections to § 3001G of Title 16 to conform to the standards of the Legislative Drafting Manual. (2) Revises § 6801 of Title 16 so that it continues to provides immunity to lay individuals, also known as Good Samaritans, who render emergency care. It uses the same immunity standard as in the current § 6801 of Title 16. (3) Moves the immunity for emergency responders to Chapter 97 of Title 16, the Emergency Medical Services Systems Chapter. This allows the definitions in Chapter 97, Title 16 to apply to the immunity provision so it is consistent and clear that public safety personnel mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and rescue personnel, communications and dispatch specialists, and other public employees and emergency service providers charged with maintaining the public safety. It uses the same immunity standard as in the current § 6801 of Title 16. (4) Continues to use a general statement of emergency care or rescue assistance rather than list specific acts. This allows the law to cover any situation, whether or not the specific nature of the assistance is anticipated by the General Assembly, and allows for the law to cover new medical treatment or forms of assistance. (5) Provides a definition for the term law-enforcement officers in Chapter 97 of Title 16, where the term is used but not defined. (6) Removes language from the current statute that excludes care provided on the premises of a hospital or clinic because that distinction is not necessary after the statute is separated to clearly define who receives immunity under this statute. In addition, other sections of the Delaware Code provide immunity for physicians, nurses, and physician assistants who provide emergency care, so those individuals no longer need to be included in this section for when they provide assistance outside of their places of employment. (7) Does not require lay individuals to have training to have immunity but does require that public safety personnel have any current training that is required and relevant to the assistance provided to have immunity. This is because public safety personnel acting in their official capacity often receive some form of compensation for the assistance. (8) Moves the Advanced Life Support Standards Committee to Chapter 97 of Title 16 and makes technical corrections to the language in the current § 6801 of Title 16 to conform to the standards of the Delaware Legislative Drafting Manual and to accurately refer to the Division of Public Health, but does not make any substantive changes. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EXEMPTIONS FROM LIABILITY FOR INDIVIDUALS RENDERING EMERGENCY CARE.
HA 1 to SB 101PassedK. WilliamsThis Amendment removes the change made by Senate Amendment No. 2 to retain the original language of Senate Bill No. 101, which requires a research facility to contract with another organization to comply with this Act instead of allowing a research facility to operate its own adoption program. This Amendment also removes the immunity provision from Senate Bill No. 101.  
HB 334SignedParadeeThis Act authorizes the Insurance Commissioner to issue conditional certificates of authority to captive insurance company applicants, which authorizes the captive insurance company applicant to conduct business while the Insurance Commissioner completes the review of the application materials. Conditional certificates of authority will be issued only upon receipt of evidence of the minimum capital and surplus required by Chapter 69 and a certification from the captive owner that the application materials comply with the requirements of Chapter 69. A captive insurance company granted a conditional certificate of authority must pay the Insurance Commissioner a fee of $100. This Act also authorizes the Insurance Commissioner to summarily revoke a conditional certificate of authority if the Commissioner determines that the captive insurance company has failed to comply with the licensing requirements of Chapter 69. During the period of the conditional certificate of authority, the captive insurance company shall comply with and be subject to Chapter 69. 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 CAPTIVE INSURANCE.
HB 351SignedBentzIn December 2016, the federal Office of Child Support Enforcement issued final regulations titled "Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs," 81 Fed. Reg. 93,492 (Dec. 20, 2016) (codified at 42 C.F.R Pt. 433). This Act updates to whom Delaware's Division of Child Support Services can send child support payments, in compliance with the federal regulations.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.
HB 361CommitteeMitchellThis Act removes § 617 Criminal Youth Gangs from the list of felonies designated as violent felonies and adds § 616 Gang Participation so that age is less of a factor in determining whether a violent felony was committed. In addition, this Act makes § 1103A Child Abuse in the Second Degree a violent felony. Further, this Act makes technical corrections by updating the violent felonies list to reflect § 1103B Child Abuse in the First Degree, which was formerly known as § 615 Assault by Abuse.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VIOLENT FELONIES.
HB 363 w/ HA 1SignedK. WilliamsThis bill changes the time of school board and school referendum election from 10:00 a.m. to 8:00 p.m. to 8:00 a.m. to 8:00 p.m.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
HB 374 w/ HA 1SignedSchwartzkopfThis bill adds glaucoma, chronic debilitating migraines, pediatric autism spectrum disorder, pediatric sensory processing disorder to the list of debilitating medical conditions which may qualify a person, upon certification by a physician, to be eligible for the use of medical marijuana in accordance with the terms of the Delaware Medical Marijuana Act. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.
HA 1 to HB 363PassedK. WilliamsThis amendment changes the time when the polls open from 8:00 a.m. to 7:00 a.m. to be consistent with all other elections. 
HA 1 to HB 374PassedSchwartzkopfThis amendment removes pediatric autism spectrum disorder and pediatric sensory processing disorder from the definition of debilitating medical condition in House Bill 374. 
SCR 57PassedBoniniThis resolution commends the Food Bank of Delaware for its contributions toward ending hunger and resolving the root causes of poverty in the State of Delaware through its increased statewide impact.COMMENDING THE FOOD BANK OF DELAWARE FOR ITS CONTRIBUTIONS TO THE STATE OF DELAWARE
HA 4 to HB 300PassedLonghurstThis amendment strikes a balance between the penalties in House Bill No. 300 and Senate Amendment No. 4 by reducing the penalty for the first offense of possessing a bump stock or trigger crank to a Class A misdemeanor. Such reduction, however, does not apply to the sale, transfer purchase or receipt of such weapon, only possession. For a second or subsequent offense, the penalty remains a Class E felony.  
HA 5 to HB 300PassedSpiegelmanThe intent of this Amendment is to encourage Delawareans to turn in bump stock weapons and trigger cranks by creating a temporary compensation program for weapons prohibited under House Bill No. 300 that does all of the following: 1. Requires the Secretary of the Department of Safety and Homeland Security to establish the rules and regulations for this compensation program. 2. Provides for a monetary payment of $100.00 for each bump stock weapon and $15 for each trigger crank weapon relinquished under the compensation program. 3. Requires the compensation program will operate from July 1, 2018 through June 30, 2019. 4. Requires a report to the General Assembly on the results of the program. 5. Appropriates $15,000.00 for the compensation required under this program. The Amendment also provides that a person is not guilty of an offense under this Act if they are acting under this compensation program. 
HA 1 to HA 5 to HB 300PassedSpiegelmanThis amendment clarifies that the compensation program is only available to Delawareans. 

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Economic Development/Banking/Insurance/Commerce
Health & Human Development
Public Safety & Homeland Security
Revenue & Finance
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