Committee Report Details
Favorable:
On its Merits:
Unfavorable:
Daily Report for 6/19/2018
Governor's Actions
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| SS 1 for SB 80 w/ SA 1, SA 2 | Signed | McDowell | This Act replicates and extends to electric and natural gas utilities the same authority that has previously been granted to water utilities. This authority allows for the implementation of an interim rate mechanism already in existence for water utilities in an effort to reduce volatility and the costs to electric and natural gas customers. By way of background, the General Assembly enacted § 314 of Title 26 of the Delaware Code in 2001 to provide an efficient interim rate mechanism to foster investments in needed infrastructure improvements for water utilities, including those mandated by government agencies. With this Act, the same provisions are now extended to public utilities providing electric and/or natural gas services. Doing so will help address concerns with the frequency and volatility of electricity and natural gas distribution rates, as well as the cost to customers of general rate proceedings. The Act requires annual audits and annual reconciliations and empowers Staff for the Public Service Commission and the Delaware Public Advocate to review such expenditures and raise concerns with the Commission should they exist. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES. |
| HB 300 w/ HA 1, HA 1 to HA 1 + SA 2, SA 4 + HA 4, HA 5, H | Signed | Longhurst | This 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 1 | Signed | Delcollo | Immunity 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. |
| HB 311 w/ HA 1 | Signed | Bolden | The 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. |
| HB 328 | Signed | Osienski | This Act makes it a crime to fly an unmanned aircraft system to do any of the following: (1) Harass another person on private property. (2) Invade the privacy of another person on private property. (3) Violate or fail to obey a domestic violence protective order. A violation of a crime created by this Act is punished consistent with the existing penalties under § 1334 of Title 11, which are as follows: (1) An unclassified misdemeanor for a first offense. (2) A class B misdemeanor for a second or subsequent offense. (3) A class A misdemeanor if physical injury to a person or damage to property occurs as a result of a violation. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS. |
| HS 1 for HB 49 | Signed | Jaques | This Act requires all new school construction and schools undergoing major renovations to incorporate the following safety features: a secured vestibule to be used as the primary entrance to screen visitors, installation of ballistic resistant glass or other ballistic resistant materials in all areas used to screen visitors, installation of a panic button or intruder alert system, and classroom doors that can be locked on the outside with a key or magnetic card locking system. Further, the Act provides that the Office of Management and Budget Facilities Management Section shall coordinate a review of construction plans with the Department of Homeland Security to verify compliance with this Act and evaluate the security and safety of new schools and schools planning major renovations. This Act shall be known as the “Representative Joseph E. Miro School Safety Act.” This bill is a substitute for and differs from House Bill 49 by using industry standard terms, requiring the installation of a panic button or intruder alert system, requiring that the Department of Education and Comprehensive School Safety Program annually provide best practices for ballistic and alarm capabilities to school districts and Facilities Management, and ensuring compliance with fire prevention regulations. | AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY. |
| HS 1 for HB 319 w/ HA 1 | Signed | B. Short | This 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. |
| 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. |
New Legislation Introduced
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HR 31 | Passed | Miro | RESOLUTION SUPPORTING TAIWAN'S SIGNING OF A BILATERAL TRADE AGREEMENT WITH THE UNITED STATES, REAFFIRMING SUPPORT FOR TAIWAN'S MEANINGFUL PARTICIPATION AND CONTRIBUTION IN INTERNATIONAL ORGANIZATIONS, AND FOR STRENGTHENING AND EXPANDING SISTER-STATE TIES BETWEEN THE STATE OF DELAWARE AND TAIWAN. | |
| SB 257 | Committee | Sokola | This Act changes the program for distributing payments to county seats with tax-exempt properties owned by the State. Section 8318 of Title 29 directs compensatory payments for exempt properties owned by the State to the county seats, Wilmington, Dover, and Georgetown. This Act authorizes these compensatory payments to any municipality with a population over 25,000 and more than 20% tax exempt property owned by the State. This Act also raises the annual cap on the amount distributed under this section by $500,000 and adjusts the formula under which these distributions are made. This Act improves the formulas to enable the elimination of specific dollar earmarks and to treat all higher education institutions in the State equally. The Act increases the compensatory payments under this section to each of the 3 county seats, and adds Newark to the program at a much lower payment than the payment provided to the county seats. This Act also 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 COMPENSATION PAYMENTS FOR CERTAIN EXEMPT PROPERTIES OWNED BY THE STATE. |
| HA 1 to SB 11 | Passed | Keeley | This Amendment clarifies that the Board of Pension Trustees does not calculate the payment, nor does it make the payment directly to the participants. | |
| SB 261 | Out of Committee | Henry | This Act directs the Board of Directors of the Riverfront Development Corporation to amend the membership and member terms of the Board of Directors contained in Article I, Section 1 of the Corporation's by-laws. | AN ACT DIRECTING THE BOARD OF DIRECTORS OF THE RIVERFRONT DEVELOPMENT CORPORATION TO AMEND THE MEMBERSHIP AND MEMBER TERMS OF THE BOARD CONTAINED IN ARTICLE I, SECTION 1 OF THE CORPORATION’S BY-LAWS. |
| SB 262 | Committee | Walsh | This Act, named the Share the Care Act, permits a responsible caregiver to give permission to an individual employed by a home care agency selected by the responsible caregiver to administer medications to an adult individual who lacks decision-making capacity in the individual’s residence. Under this Act, the responsible caregiver must prepackage the medication by date and time and provide written instructions regarding the administration procedure. And, the responsible caregiver and the person employing the unlicensed assistive personnel must sign an agreement governing the administration or medication. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING. |
| HA 1 to HB 455 | Passed | Dukes | This Amendment changes a word in the provision related to the State Board of Education's Executive Director. | |
| HA 1 to HB 420 | Passed | Lynn | This Amendment grants a legal guardian who holds permanent guardianship of a minor the standing to petition to change the entire name of a minor. | |
| SJR 4 | Out of Committee | McDowell | This Joint Resolution recognizes the university of Delaware's center for environmental monitoring and analysis as the official repository of historical and real-time weather and climatological observations for the state of Delaware. | RECOGNIZING THE UNIVERSITY OF DELAWARE'S CENTER FOR ENVIRONMENTAL MONITORING AND ANALYSIS AS THE OFFICIAL REPOSITORY OF HISTORICAL AND REAL-TIME WEATHER AND CLIMATOLOGICAL OBSERVATIONS FOR THE STATE OF DELAWARE. |
| HB 468 | Committee | Briggs King | This Act creates the crime of wrongful use of voter registration information. Delaware has no specific statute that addresses such a situation. Currently when there is a request for voter registration, the Department of Elections requires the applicant to sign a form with a sworn statement that the applicant will not use it for commercial solicitation or any other purpose not related to the electoral process. The applicant may be charged with perjury if they violate their affirmation. Nearby states Maryland, New Jersey, and Pennsylvania have stronger restrictions. This act would allow a fine that would be equal to 100% of funds received from any use of the information or $1,000, whichever is greater, and makes it a class A misdemeanor. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO WRONGFUL USE OF VOTER REGISTRATION INFORMATION. |
| SA 2 to SB 163 | PWB | Townsend | This Amendment makes technical corrections to the definitions of “assault long gun” and “copycat weapon”. | |
| SA 3 to SB 163 | PWB | Townsend | This Amendment permits transfers of assault weapons to eligible family members. | |
| HB 469 | Committee | Brady | This Act authorizes the Department of Transportation to use automated speed enforcement (ASE) systems to enforce speed restrictions within work zones on highways. The purpose of this Act is to increase safety for construction and maintenance workers on highways. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES. |
| HA 1 to HS 1 for HCR 34 | PWB | K. Williams | This Amendment adds additional members to the task force to investigate the cost of special education and further clarifies the duties of said Task Force to include recommending strategies to improve efficiencies and outcomes for special education. | |
| HA 1 to HB 431 | Passed | Matthews | This amendment clarifies that House Bill No. 431 applies only to nursing and assisted living facilities. | |
| SR 23 | Passed | Townsend | This Senate Resolution reaffirms the sister-state relationship between the State of Delaware and Taiwan, supports the strengthening of bilateral trade relations with Taiwan, and supports Taiwan's meaningful participation in and contribution to international organizations. | REAFFIRMING THE SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF DELAWARE AND TAIWAN, STRENGTHENING BILATERAL TRADE RELATIONS WITH TAIWAN, AND SUPPORTING TAIWAN'S PARTICIPATION IN INTERNATIONAL ORGANIZATIONS. |
| HB 471 | Committee | Brady | This Bill amends the Administrative Procedures Act extending and shortening certain time periods for parties to act and limits emergency regulations to situations affecting public health or safety. If an agency is found to have unlawfully adopted regulations, the agency shall be responsible for the complainant's reasonable fees and costs incurred in bringing such action. This Bill also specifies speaker-time allocation and what the agency is to do if more time is needed for parties to speak at public hearings. The purpose of the Bill is to simplify and expedite legal processes to review, stay, and adjudicate regulatory actions. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES. |
| SCR 77 | Passed | Marshall | This Concurrent Resolution requests the appointment of a committee to explore the feasibility of Delaware pursuing a grant from the NFL's social justice initiative fund. | APPOINTING A COMMITTEE TO EXPLORE THE POSSIBILITY OF GRANT FUNDING FROM THE NATIONAL FOOTBALL LEAGUE. |
| SA 1 to SB 189 | Stricken | McDowell | This amendment simplifies the notification process without taking any authority away from the Attorney General’s office, reduces the regulatory burden on telecommunications public utilities and the notification center, and also clarifies that additional legal remedies can be pursued by injured parties. |
Legislation Passed By Senate
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HB 259 | Signed | Bennett | In 2006, Delaware enacted “Jessica’s Law,” which requires first time offenders convicted of a specified sexual offense against a child under 14 years of age and individuals previously convicted of a Class A or B sexual offense in Title 11 and subsequently convicted of a specified sexual offense sentences be sentenced to at least 25 years in prison, up to life. The specified sexual offenses in “Jessica’s Law” are Rape in the Third Degree (where the defendant engages in sexual penetration with the victim without the victim’s consent or with a victim who is under 16 years of age and causes physical injury or serious mental or emotional injury); Rape in the Second Degree; Rape in the First Degree; Dangerous Crime Against a Child; Sexual Offender Unlawful Sexual Conduct Against a Child; and Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree (where the defendant engages in sexual penetration or sexual intercourse with a child under 16 years of age). Data from the Federal Bureau of Investigation's Nation Incident-Based Reporting System indicates that 1 of every 7 victims of sexual assaults is under the age of 6. This Act updates “Jessica’s Law,” enhancing penalties for especially vulnerable victims, as follows: (1) Requiring that an individual convicted of one of the specified offenses in “Jessica’s Law” be sentenced to an additional 5 years in prison if the victim is a child under the age of 7. (2) Requiring that an individual convicted of Unlawful Sexual Contact in the First Degree (involving a child under the age of 13) or Kidnapping in the Second Degree (for the purpose of violating or abusing the victim sexually) be sentenced to at least 5 years in jail if the victim is a child under the age of 7. (3) Requiring that an individual convicted of Kidnapping in the First Degree (for the purpose of violating or abusing the victim sexually) be sentenced to at least 10 years in jail if the victim is a child under the age of 7. Additionally, this Act requires the Superior Court to impose these sentences upon the application of the State. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCES FOR SEXUAL OFFENSES. |
| HB 303 | Signed | B. Short | This bill increases the annual assessment to each insurance company admitted or authorized to transact the business in Delaware from $750 to $900 for the costs of administration and operation of the Insurance’s Fraud Prevention Bureau. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE |
| HB 365 | Signed | Schwartzkopf | Currently, the age for wait staff to serve alcohol to a patron is 19 years old. This Act lowers the age of persons permitted to serve alcohol from 19 to 18 years of age for all establishments licensed for the on-premises sale and consumption of alcoholic liquor except taverns and taprooms. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| 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 382 | Signed | Brady | This Act has the effect of renaming the Delaware Department of Transportation Welcome Center on Interstate 95 at 530 JFK Memorial Highway, Newark, Delaware as the "Biden Welcome Center" in honor of the Biden family. This gesture is made because of the exemplary service to the State of Delaware the Bidens have provided, and because of their lifelong promotion of this State. | AN ACT TO RENAME THE DELAWARE DEPARTMENT OF TRANSPORTATION WELCOME CENTER ON INTERSTATE 95 LOCATED AT 530 JFK MEMORIAL HIGHWAY NEWARK, DE 19702 IN HONOR OF THE BIDENS. |
| HB 392 | Signed | Keeley | Section 1 of this Act provides that the Director of Revenue shall make tax returns available via the Internet on or before January 15 of each tax year. Section 2 of this Act clarifies that a judgment lien, as opposed to the underlying judgment, filed by the Division of Revenue continues for 20 years. This makes the statutory language consistent with applicable case law. Section 3 of this Act authorizes the Division of Revenue to enter into agreements to share information with agencies on whose behalf the Division receives and processes tax returns and payments. Section 4 of this Act provides that estimated tax payments will not be required unless the taxpayer expects to owe more than $800. Sections 5 and 6 of this Act provide that licensees who operate amusement and vending machines are not obligated to affix a license to the machines because the Division of Revenue has not issued vending machine stamps for many years because of the cost to have them printed. Section 7 of this Act provides that if any of the provisions are found to be unconstitutional, the remaining provisions will stand. Section 8 of this Act provides that Section 4 of this Act applies for tax years commending after December 31, 2017. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO TAX ADMINISTRATION. |
| HB 396 | Signed | Carson | This Bill amends the Charter of the Town of Smyrna in the following ways: Section 1 removes the Board of Assessment from the list of Boards the Town can appoint. Section 2 replaces the appointment of a Board of Assessment with a Tax Assessor, which may be a qualified individual or entity. Section 2 eliminates language regarding the swearing in of the Board of Assessment and replaces references to the Board of Assessment with Tax Assessor. Section 3 replaces references to the Board of Assessment with Tax Assessor. Section 4 replaces references to the Board of Assessment with Tax Assessor and requires the Tax Assessor to be available to answer questions and provide information on the date of assessment appeals. Section 5 increases the timeframe for repaying short term borrowings from five years to fifteen years. Section 5 states that expenditures not secured by the full faith and credit of the town are exempt from the requirements of section 13 and that the Town Council may adopt an ordinance authorizing the Town Manager to borrow up to $100,000 without a Resolution of the Town Council approving the borrowing. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF SMYRNA |
| HB 405 | Signed | Schwartzkopf | This bill is intended to facilitate the growth and expansion of Delaware licensed craft alcoholic liquor companies within the State by permitting them to ship product manufactured on their licensed premises to entities under common ownership and control, as defined. This bill is not intended to unconditionally except craft alcoholic liquor companies from the traditional “three-tier” system. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOL. |
| HS 1 for HB 222 w/ HA 3 | Signed | Bentz | This Substitute Act incorporates House Bill No. 222, and also makes the following changes to House Bill No. 222: (1) Creates a new Chapter of Title 10, which permits a family member or a law enforcement officer to obtain a lethal violence protective order. (2) Permits a family member or law enforcement officer to obtain an emergency lethal violence protective order in Justice of the Peace Court if the Court finds probable cause to believe that a respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm. The order requires the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms, and grant permission to law enforcement to search for and seize firearms. If an emergency order is issued, the Superior Court must hold a full hearing within 15 days. (3) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an lethal violence protective order, order an individual not to reside with a 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. (4) Permits a respondent to request termination of the order in Superior Court wherein the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm. (5) Creates sanctions for a person who provides false information in the affidavit or verified pleading in order to obtain a lethal violence protective order. (6) Creates sanctions for a person who violates a lethal violence protective order by adding lethal violence protective order to Section 1271A of Title 11, making a violation of the order Criminal contempt. (7) Changes the effective date of this Act to 6 months after its enactment. | AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTION ORDERS. |
| HB 412 | Signed | B. Short | This Act amends § 918 of Title 5 of the Delaware Code, which sets forth limitations on pledging or hypothecating assets of banks and trust companies, to modernize these limitations to apply to the current practices of banks and trust companies while not affecting the safety and soundness of banks and trust companies. Section 1. This section amends § 918 of the Delaware Code (i) to clarify that the limitations in § 918 apply to pledges and hypothecations to secure guarantees, credit exposures, or other potential liabilities in addition to borrowings; (ii) to exclude from the limitations in § 918 any pledge, hypothecation, repledge, or rehypothecation by a bank or trust company supervised by a federal banking agency if the pledge, hypothecation, repledge, or rehypothecation is permitted under applicable federal law or regulations or orders promulgated thereunder by the federal banking agency; and (iii) to make technical changes to update § 918 to conform to the standards of the Delaware Legislative Manual. | AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON PLEDGING OR HYPOTHECATING ASSETS OF BANKS AND TRUST COMPANIES. |
| HB 414 w/ HA 1, HA 2 | Signed | D. Short | This bill amends the Charter of the Town of Blades to allow annexation without a referendum only if the property to be annexed requests the annexation. Also, if a petition of over 10% of eligible voters requesting a referendum is submitted with 30 days of Council approval, then a referendum must be held. The cost of a referendum when a contiguous property owner desires to come into Blades to obtain their utilities and services seems unnecessary. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF BLADES RELATING TO ANNEXATION. |
| HB 435 | Signed | Baumbach | This bill permits the Council of the City of Newark to impose and collect a lodging tax of no more than 3 percent on hotel and motel rooms located in the City of Newark so long as it is approved by a majority of the council pursuant to the provisions of the Charter of the City of Newark. | AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK RELATING TO THE POWERS OF COUNCIL. |
| SB 238 w/ SA 1 | Signed | Richardson | Under current law, a person may deposit, for a fee, an original will with the Register of Wills in New Castle County for safekeeping. The person is not required to be a resident of New Castle County, but only the New Castle County Register of Wills is authorized to store original wills. This Act expands current law to authorize the Register of Wills in Sussex County to similarly store original wills. | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE REGISTER OF WILLS. |
| SA 1 to SB 238 | Passed | Simpson | This Amendment adds the Kent County Register of Wills to the list of locations in which wills may be deposited for storage. It also adds clarifying language related to the increase or reduction of fees. | |
| SB 245 w/ SA 1 | Out of Committee | McDowell | Both the Delaware Strategic Fund (Title 29, Chapter 87A, Subchapter II) and the Delaware Technical Innovation Fund (Title 29, Chapter 87A, Subchapter III) provide funding for Delaware businesses, including new businesses in growing technology-related fields. The Delaware Strategic Fund is intended to assist in the development of startup strategies such as seed capital and incubator programs. The Delaware Technical Innovation Fund is intended to promote coordination with Delaware’s institutions of higher education and the private sector to commercialize innovative products and processes developed by small businesses. This act encourages Delaware’s institutions of higher education to assist foreign-born, student entrepreneurs, who are engaged in the development of new businesses and technologies in Delaware, to provide them with assistance in maintaining proper legal status within the United States. Presently, thirteen universities in six states offer Global Entrepreneur in Residence Programs which have been successful in assisting foreign-born, student entrepreneurs in creating new businesses, new jobs, and attracting additional capital investment for their development and expansion. This act will add a provision comparable to those found in Global Entrepreneur Residence Programs within the existing frameworks provided by the Delaware Strategic Fund and the Delaware Technical Innovation Fund. This will encourage the creation and development of new businesses and new technologies in Delaware, without creating a new program with new funding needs. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ECONOMIC DEVELOPMENT. |
| SA 1 to SB 202 | Passed | Pettyjohn | This amendment limits the definition of a "covered person" to those individuals that would receive a benefit paid from the State of Delaware General Fund. | |
| SA 1 to SB 245 | Passed | McDowell | This amendment adds a 3-year sunset provision to the bill. |
Legislation Passed By House of Representatives
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HA 2 to HB 156 | Passed | Spiegelman | This amendment makes the language of the bill consistent. | |
| HA 3 to HB 156 | Passed | Spiegelman | This amendment creates a maximum case length of 1.82 inches. | |
| HA 4 to HB 156 | Passed | Spiegelman | This amendment changes the caliber from .38 to .357 to .38. | |
| HB 347 w/ HA 1 | Committee | Kowalko | This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD. |
| SB 177 | Signed | Ennis | This Act brings Delaware sex offender registration laws into compliance with the federal Sex Offender Registration and Notification Act ("SORNA") by standardizing the tier designation of sex offenders are assigned based upon offense of conviction. This Act removes discretion previously granted to the Board of Parole to redesignate sex offenders and standardizes designation in a manner consistent with established Superior Court precedent. See State v. Brown, 2013 WL 2149882 (Del. Super. 2013); Lane v. Board of Parole, 2012 WL 5509711 (Del. Super. 2012). Finally, this Act streamlines the designation process by directing review to the Superior Court in the first instance. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REGISTRATION OF SEXUAL OFFENDERS. |
| HB 379 w/ HA 1 + SA 1 | Signed | Yearick | Section 1 clarifies the Town’s nuisance and dangerous building abatement powers and requires property owners to pay for the abatement costs. This section further clarifies the Town’s ability to grant franchises, licenses, and permits, and impose fees for the same. It authorizes the Town to impose a realty transfer tax, and it increases the maximum penalty for a code violation to $500.00. Section 2 authorizes the Town to annex property and creates procedures for the annexation of property. Section 3 reduces the number of members on the Town Council from seven to five and eliminates the elected positions of secretary, treasurer, and tax collector. This section prohibits individuals convicted of a felony from running for Mayor or Council. This section establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, and the establishment of the elections board. This section requires voters to be United States citizens. Section 4 establishes the term of office for Mayor and Council as two years, and outlines how the Town Council will transition from seven to five council members. Section 5 clarifies the Council’s ability to fill a vacancy on Council regardless of how that vacancy occurred, and it makes other changes to create consistency with the re-organization of the structure of the Town Council. Section 6 creates an organizational meeting at which a council secretary and treasurer are appointed each year. Section 7 clarifies who can be appointed as the Tax Collector and authorizes the Council to employ other individuals as needed by the Town. This section clarifies when regular meetings are held and allows electronic communication to be used to notify the Mayor and Council of special meetings. Section 8 authorizes the Town to have the same tax collection powers as Kent County and authorizes the Town to recover expenses incurred to collect taxes through legal proceedings. This section authorizes a court or administrative body to award the Town its costs of prosecution when the Town is the prevailing party in a legal proceeding to enforce an ordinance or collect an amount owed to the Town. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF WOODSIDE. |
| HA 1 to HB 391 | Passed | Jaques | This Amendment clarifies language regarding the Adjutant General’s decision regarding classification of specific Delaware National Guard employee positions. | |
| SS 1 for SB 159 | Signed | McBride | The 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. |
| HA 1 to HB 393 | Passed | B. Short | This amendment revises House Bill No. 393 by removing the provisions amending the bond requirements for viatical settlement providers. This amendment also adds a sunset provision of 1 year after the bill’s effective date. | |
| HA 1 to HB 347 | Passed | Kowalko | This Amendment limits the role of the Provider Advisory Board to advising the Office of Child Care Licensing. | |
| SCR 74 | Passed | Pettyjohn | This resolution proclaims June 19, 2018 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events. | RECOGNIZING JUNE 19, 2018 AS "JUNETEENTH INDEPENDENCE DAY" IN THE STATE OF DELAWARE |
| HA 3 to HB 429 | Passed | Baumbach | This Amendment adds the Chief Justice of the Delaware Supreme Court and the President of the Delaware Healthcare Association to the Council. The Chief Justice may designate to the Council the Deputy State Court Administrator, who is responsible for overseeing the operations of the Judicial Information Center. This amendment also inceases the number of members from the private sector by 2. This amendment also makes a technical correction. |
Senate Committee Assignments
| Committee |
|---|
| Banking, Business & Insurance |
| Elections & Government Affairs |
| Environmental, Natural Resources & Energy |
| Finance |
| Health, Children & Social Services |
| Labor |
| Sunset |
| Transportation |
| Veterans Affairs |
House Committee Assignments
| Committee |
|---|
| Administration |
| Corrections |
| Health & Human Development |
| Labor |
| Natural Resources |
| Public Safety & Homeland Security |
| Revenue & Finance |
| Transportation/Land Use and Infrastructure |
Senate Committee Report
| Committee |
|---|
| Elections & Government Affairs |
| Environmental, Natural Resources & Energy |
| Judicial & Community Affairs |
| Labor |
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
| Nominee | Status | Commission/Board | Reappointment |
|---|---|---|---|
| Jones, David | Confirmed | Commissioner of Family Court | Reappointment |
| McMullen, Charles | Confirmed | Alderman of the Town of Bethany Beach | Reappointment |
| Montano, Alexander | Confirmed | Justice of the Peace | Reappointment |
| Truitt Wilson, Sonja | Confirmed | Commissioner of Family Court | Reappointment |
| Wolcott, Paraskevi | Confirmed | Commissioner of Family Court | Reappointment |