Daily Report for 5/2/2018

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 134 w/ HA 1SignedJaquesThis Act establishes an Educational Support Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work educational support professionals, such as paraprofessionals, food service workers, custodians, and secretaries do to enhance school communities in Delaware.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL SUPPORT PROFESSIONALS OF THE YEAR.
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 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.
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.
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.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SA 1 to SB 174PassedEnnisThis Amendment corrects a typographical error. 
HA 1 to HB 391PassedJaquesThis Amendment clarifies language regarding the Adjutant General’s decision regarding classification of specific Delaware National Guard employee positions. 
HB 395CommitteeHensleyThis bill permits a Municipal government to impose and collect a lodging tax of no more than 3 percent on hotel and motel rooms located in the incorporated areas of the Municipality.AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO TAXES.
HA 1 to HB 383PWBBriggs KingThis amendment removes the provision that makes a violation of subsection (c) of this Act a retaliatory act under § 7023 of Title 25. 
SA 1 to SB 175PassedBushwellerThis Amendment clarifies that this Act does not exempt a transfer from a third-party purchaser through a foreclosure proceeding from withholding on the subsequent sale of the property purchased.  
HB 398CommitteeBriggs KingThis bill is a companion bill to House Substitute No. 1 for House Bill No. 344 and provides the authority for the Department of Education to prescribe the rules and regulations necessary to implement the Prison Education Program which provides educational services to the Department of Correction.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO POWERS AND DUTIES.
SS 1 for SB 159SignedMcBrideThe Act made changes to motor vehicle franchising practices, by doing the following: (1) Prohibiting a new motor vehicle manufacturer from recovering its costs for compensating its dealers for recalls or warranty parts and service by reducing the amount due to the dealer or imposing a charge. (2) Establishing the process for and method of compensating a dealer for a recall related to a used motor vehicle. (3) Providing a process by which a dealer may protest a franchise termination with the Public Service Commission. (4) Protecting consumer data. (5) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act incorporates these changes and makes an additional change to § 4903(b) of Title 6.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 53 w/ HA 1, HA 2 + SA 1, SA 2SignedMiroThis bill allows ground-based and hand-held sparklers and certain other nonexplosive, nonairborne novelty items regulated by the federal government to be sold and used in the State. The bill does not legalize firecrackers, bottle rockets, aerials, or any other device that explodes or shoots into the air. The use of those items that may be sold only to persons 18 years of age and older is limited to July 4th and December 31st of each year and sales are limited to the 30 days prior to the allowable use day. This bill allows paper caps used in toy guns contain 16 milligrams or less of pyrotechnic mixture. The sale of sparklers and most other items permitted under this bill is limited to persons 18 and older. The penalty section of 16 Del. C. §6905 applies to this bill. At least forty-three states allow the sale and use of sparklers and other nonexplosive, nonairborne novelty items that are regulated by the U.S. Consumer Product Safety Commission.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SELLING OR POSSESSING FIREWORKS; EXCEPTIONS.
SB 146 w/ SA 1, SA 2SignedLawsonThe continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal records are a hindrance to employment, education, housing, credit, and military service. This Act streamlines Delaware’s juvenile expungement code by providing the Delaware Family Court the option to immediately order an expungement in the event that a felony case was terminated in favor of the juvenile (i.e. a juvenile was found not guilty, or the charges were dropped). Delaware law currently allows the Court to do this for misdemeanor and violation cases.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE EXPUNGMENTS
SB 154 w/ HA 1SignedHockerSection 1 eliminates the need to use an ordinance to appoint a Town Manager and specifies that all departments, including the Police Department, report directly to the Town Manager. Section 2 outlines the Town Manager's responsibility for the Police Department. Section 3 eliminates the organizational details of the beach patrol. AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY.
SB 173SignedBushwellerThis Act provides the authorization required by law for the City of Dover to transfer a portion of Mayfair Park, as the Park was improved using funds from the Delaware Land and Water Conservation Trust Fund.AN ACT TO AUTHORIZE THE TRANSFER OF PROPERTY IMPROVED USING FUNDS FROM THE DELAWARE LAND AND WATER CONSERVATION TRUST FUND FROM THE CITY OF DOVER TO CAPITOL BAPTIST CHURCH.
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. 
HCR 84PassedSchwartzkopfThis concurrent resolution thanks the Career and Technical Student Organizations for their presentation of geraniums. This concurrent resolution also extends the General Assembly's best wished for continued success to these exemplary students.EXTENDING SINCERE THANKS TO THE CAREER AND TECHNICAL STUDENT ORGANIZATIONS OF DELAWARE FOR THE PRESENTATION OF THE BEAUTIFUL GERANIUMS AND EXTENDING BEST WISHES FOR MUCH SUCCESS TO EACH OF THESE EXEMPLARY STUDENTS.
SA 1 to SB 146PassedLawsonThis amendment makes technical changes to Senate Bill 146, clarifying how the Court may waive the one year waiting period. Further, it makes technical changes to Senate Bill 146, clarifying which subsections would otherwise qualify a juvenile to receive an expungement. Lastly, the amendment adds language that would stay an expungement order. The order could be vacated upon motion by the Attorney General when circumstances warrant. Such circumstances could include when information is not available to the Attorney General’s Office at the time of disposition. 
SA 2 to SB 146PassedLawsonThe influx of immediate expungements has created an increase in workflow at the State Bureau of Identification (SBI). One of the common hurdles the SBI faces is scrutiny for not complying with provisions of 10 Del. C. § 1019 (a). Many times this is the result of the orders not being received by the SBI until well into the 60 days. This amendment would allow the SBI to comply without added pressure or the need to increase staffing or overtime. It would also hold all parties involved accountable for the time-frame, not just the agency who receives the order. This amendment also allows for the SBI to retain fingerprints and photographs for all expunged arrests regardless of severity. Fingerprints and photographs remain a vital evidentiary tool for law enforcement for not only prosecution but also exonerating individuals accused of criminal activity and identification of missing or deceased individuals. Until the immediate expungement laws, applicants were required to submit fingerprints to obtain a certified criminal history. These prints would replace any expunged prints and fill the void. Apart from the exemption of this requirement, fingerprints are destroyed and valuable evidence is being lost.  
SA 2 to HB 53PassedEnnisThis amendment adds a three year sunset provision to the bill. 

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Health & Human Development

Senate Committee Report

Banking, Business & Insurance
Elections & Government Affairs
Environmental, Natural Resources & Energy
Judicial & Community Affairs

House Committee Report

Economic Development/Banking/Insurance/Commerce
Housing & Community Affairs
Manufactured Housing
Revenue & Finance

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

Dorak, DrewConfirmedUnemplyment Insurance Appeal BoardNew
Harrison, W. JamesConfirmedAdult Correction Healthcare Review CommitteeReappointment
Heckscher, ChristopherConfirmedNatural Areas Advisory CouncilReappointment
Sikora, BarbaraConfirmedState Board of ElectionsNew
Wicks, DeborahConfirmedLottery CommissionNew