| HB 219 w/ HA 1 | Signed | Bentz | The 146th General Assembly gave the Department of Health and Social Services the authority to promulgate regulations and require accreditation for facilities that perform invasive medical procedures. The current terminology and definition of an “invasive medical procedure” has been frequently misinterpreted and caused a great deal of confusion in the medical community. This Act revises the current language to be consistent with terminology used by accreditation organizations and other states, replacing the term “invasive medical procedure” with the term “office-based surgery”. In addition, this Act clarifies the definition to ensure that all facilities that perform such procedures do so in a safe and sanitary environment. Finally, this Act adds a requirement that the approved accreditation organizations shall report, at a minimum, findings of surveys and complaint and incident investigations, and data for all office-based surgical facilities to the Department.
This Act also updates Title 24 where the term "invasive medical procedure" is used and § 122(3) of Title 16 is referenced. | AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO INVASIVE MEDICAL PROCEDURES. |
| HA 1 to HB 219 | Passed | Bentz | This Amendment clarifies that accreditation documents provided under this paragraph are not subject to the Freedom of Information Act. This protects the proprietary information contained in these documents while allowing the Department access to the documents to ensure public safety. | |
| HB 310 w/ HA 1, HA 2 + SA 1 | Signed | M. Smith | The Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives.
Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards.
The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards.
| AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CERTIFICATION OF ADOPTION OF SUSTAINABILITY AND TRANSPARENCY STANDARDS BY DELAWARE ENTITIES. |
| HB 332 w/ HA 1 | Signed | Bolden | This bill mandates reporting by certain employees of broker-dealer or investment adviser firms who have a reasonable belief that financial exploitation of an eligible adult has occurred, been attempted, or will be attempted. Reporting will be to both the Investor Protection Director and the Department of Health and Social Services. It also enables broker-dealers and investment advisers to delay disbursement from an account of an eligible adult where financial exploitation is suspected.
This also includes definitions of “eligible adult,” “financial exploitation” and “qualified individual” to be inserted into the Securities Act.
| AN ACT TO AMEND TITLES 6 AND 31 OF THE DELAWARE CODE RELATING TO FINANCIAL EXPLOITATION. |
| HB 356 | Signed | Heffernan | This Act allows the Department of Natural Resources and Environmental Control to lease historic structures on State public lands to individuals or corporate entities. The lessee would be required to renovate and maintain the structure up to the applicable National Park Service Secretary of Interior Standards, would be permitted to insure the property and are eligible for Land and Historic Resource Tax Credits. DNREC is required adopt any necessary rules and regulations to implement the Act and may require the lessee to abide by any other lease conditions or commitments, including specific expenditure requirements, which the DNREC deems advisable for the public good.
This Act will ensure that DNREC has the authority to enter into curatorship agreements for historic properties in grave need of restoration. It clarifies that DNREC’s Resident Curatorship program which has operated for over a decade is not in conflict with Delaware Landlord Tenant Code and allows for private investment that will revert to the State of Delaware at the conclusion of the agreement. Currently there are four historic Delaware State Park properties available through the program to potential curators and the program has saved three historic structures through curatorship’s at Lums Pond, Cape Henlopen and Fort DuPont State Parks.
| AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION. |
| HA 1 to HB 310 | Passed | M. Smith | This amendment to H.B. 310, which establishes the Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”), specifies that the Delaware Secretary of State’s Certificate of Adoption of Sustainability and Transparency Standards Reporting will attest to a Delaware entity’s or organization’s filing with the Secretary of State of a statement of such entity’s or organization’s standards, and it sets forth a description of the contents of such statement. The amendment also provides that any such entity or organization must acknowledge that it has committed to prepare and make available the report required by the Act to the public without the requirement of the provision of any information. The amendment further specifies that an entity’s or organization’s application for a Certificate must be acknowledged in the manner provided by the Act by a person authorized to act on behalf of such entity or organization as determined in accordance with the Act. The amendment also requires the entity or organization, when submitting a statement to renew its status as a reporting entity or organization under the Act, to acknowledge that any changes to its standards, assessment measures or reporting period (including a description of the process by which the changes were identified, developed and approved and the third-party criteria used to develop any changes to the standards) are available on a website, at no cost and without the requirement of the provision of any information, and will remain available as long as the entity or organization continues to be a reporting entity under the Act. | |
| HB 366 w/ HA 1 | Committee | Lynn | This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user.
Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons.
This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE STORAGE OF FIREARMS. |
| HB 380 w/ HA 1 | Signed | Schwartzkopf | This bill allows first-time home buyers to pay their portion of the realty transfer tax at the rate that was in effect prior to the increase that took effect on August 1, 2017. The credit is calculated as 0.5% of the first $400,000 in home value, with a maximum allowable credit of $2,000. This legislation is retroactive for any first-time home buyer who entered into a transaction for the transfer of real estate on or after August 1, 2017. The seller in any transaction with a first-time buyer will still pay the current tax rate. The bill also removes a provision that applied to contracts entered into prior to 1971, since such provision is no longer relevant. For ease of application, the new definition of "first-time home buyer" is cross-referenced in the already existing Code provision directing the counties to exempt such buyers from any county-imposed realty transfer tax. This reduction in the tax rate for first-time home buyers will be effective for transactions entered into on or after the effective date of this Act.
| AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO REALTY TRANSFER TAX. |
| HB 377 w/ HA 1 | Signed | Mitchell | This bill permits a County government to impose and collect a lodging tax of no more than 3 percent on hotel, motel, and tourist home rooms located in the unincorporated areas of the County. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO TAXES. |
| HA 2 to HB 310 | Passed | M. Smith | This amendment to H.B. 310, which establishes the Certification of Adoption of Transparency and Sustainability Standards Act (the “Act”), specifies that the Delaware Secretary of State’s Certificate of Adoption of Transparency and Sustainability Standards Reporting will attest to a Delaware entity’s or organization’s filing with the Secretary of State of a statement of such entity’s or organization’s standards, and it sets forth a description of the contents of such statement. The amendment also provides that any such entity or organization must acknowledge that it has committed to prepare and make available the report required by the Act to the public without the requirement of the provision of any information. The amendment further specifies that an entity’s or organization’s application for a Certificate must be acknowledged in the manner provided by the Act by a person authorized to act on behalf of such entity or organization as determined in accordance with the Act. The amendment also requires the entity or organization, when submitting a statement to renew its status as a reporting entity or organization under the Act, to acknowledge that any changes to its standards, assessment measures or reporting period (including a description of the process by which the changes were identified, developed and approved and the third-party criteria used to develop any changes to the standards) are available on a website, at no cost and without the requirement of the provision of any information, and will remain available as long as the entity or organization continues to be a reporting entity under the Act. The amendment also requires all renewal statements to be filed between October 1 and December 31, and to acknowledge that the filing entity is in compliance with its reporting requirements under the Act. Entities that fail to do so cease to be Reporting Entities and cannot be certified under the Act, but may, for a period of one year, reinstate their status as Reporting Entities by filing a Restoration Statement acknowledging that they have filed all Reports due prior to such filing. | |
| SCR 60 | Passed | Sokola | This Concurrent Resolution commends the 2018 Delaware State Teacher of the Year, Virginia Forcucci, and all of the District Teachers of the Year. | COMMENDING VIRGINIA FORCUCCI REPRESENTING THE SUSSEX TECHNICAL SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S STATE TEACHER OF THE YEAR FOR 2018 AND COMMENDING EACH SCHOOL DISTRICT'S TEACHER OF THE YEAR. |
| HA 1 to HB 380 | Passed | Paradee | This amendment limits the first time home buyers exemption for counties to either the value of the home or $400,000.00, whichever is less and permits a county to increase the exemption amount by ordinance. | |
| HA 1 to HB 377 | Passed | Mitchell | This amendment permits a County government to impose and collect a lodging tax of no more than 3 percent on hotel, motel, and tourist home rooms located in the unincorporated areas of the County but exempts rentals by the Delaware Department of Natural Resources and Environmental Conrol from the local lodging tax. | |
| HA 1 to HB 332 | Passed | Bolden | This amendment clarifies the timing of notifications required in connection with delayed disbursements, provides for status reports from broker-dealers or investment advisers that have delayed a disbursement only upon request of the Investor Protection Director or the Department of Health and Social Services, and clarifies when a disbursement delay expires. | |
| SCR 62 | Passed | Sokola | This resolution declares the week of May 7-11, 2018 as National Teacher Appreciation Week. | CELEBRATING TEACHER APPRECIATION WEEK. |
| HA 1 to HB 366 | Passed | Spiegelman | This amendment clarifies that it is an affirmative defense if the firearm in question was stored in a lock box or container, "or" was disabled with a tamper-resistant trigger lock that was properly engaged rendering the firearm inoperable. | |
