Delaware Legislature - Introduced Legislation

HJR 16 (Brady)

Wed, 16 May 2012 18:08:03 -0400

SUPPORTING THE CREATION OF A NATIONAL POW/MIA TRAILWAY SYSTEM AND RECOMMENDING THAT THE SEGMENT OF THE ABANDONED PENNSYLVANIA RAILROAD RUNNING FROM SOUTH MARKET STREET IN WILMINGTON TO BATTERY PARK IN NEW CASTLE BE DESIGNATED AS THE FIRST SEGMENT THEREOF.

This joint resolution supports the creation of a national POW/MIA Trailway system and designates the segment of the abandoned Pennsylvania Railroad running from the South Market Street Bridge in Wilmington to Battery Park in New Castle as the first segment of a national POW/MIA Trailway System. SB 221 (Blevins)Wed, 16 May 2012 18:27:51 -0400Delaware Senate - Committee Legislation
This amendment adds the United States Bankruptcy Courts to the list of entities that may certify questions of law to the Delaware Supreme Court. This is the first leg.

Additional Sponsors: Rep. M. Smith
Committee: Judiciary

SB 222 (Ennis)

Wed, 16 May 2012 18:28:27 -0400

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE HERITAGE COMMISSION AND THE COUNCIL ON ARCHIVES.

This bill combines the functions of the Delaware Heritage Commission and the Council on Archives into a single entity, the Delaware Heritage Commission. It reduces the combined total membership of the two entities from 27 to 15 members appointed by the Governor. In addition to the appointed members, it provides for two ex officio members: (1) the Director of the Delaware Public Archives, who shall have voting powers by virtue of his administrative responsibility for the Delaware Heritage Office and the responsibilities of his office under regulations established by the National Historical Publications and Records Commission of the National Archives and Records Administration; and (2) the Director of the Division of Historical and Cultural Affairs, who shall remain a non-voting member. In addition, the Heritage Commission shall have the authority to appoint such other representatives of government agencies and nonprofit organizations as it deems appropriate to be ex officio, nonvoting members. The Commission may also create subcommittees, which may consist of non-members, to facilitate its work. The bill also makes insertions and deletions to incorporate the powers and duties of the former Council on Archives into the responsibilities of the Commission and to update obsolete language to better define the present role of the Commission.

Additional Sponsors: Rep. Scott
Committee: Executive

SB 230 (Bushweller)

Wed, 16 May 2012 18:32:44 -0400

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RISK-BASED CAPITAL (RBC) FOR INSURERS.

This bill will add a trend test for property and casualty insurance companies at 3.0 and will add provisions related to confidentiality. The change to the trend test will enhance the solvency monitoring efforts of the Commissioner and is necessary for maintaining National Association of Insurance Commissioners (NAIC) accreditation. Author: Senator Bushweller

Additional Sponsors: Rep. B. Short
Committee: Insurance

SB 225 (McDowell)

Wed, 16 May 2012 18:29:17 -0400

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HELMETS FOR HORSEBACK RIDERS.

Head injuries are the most common cause of death for people who ride horses or ponies according to the American Medical Equestrian Association. This bill requires persons less than 18 years of age to wear a certified riding helmet. The law is written similarly to the mandatory bicycle helmet law. Several states have adopted such a requirement to encourage safe horseback riding for our youth. It is the intent of the Legislature to further promote the safety, health, and welfare of children younger than 18 years of age who engage in equestrian activities and recreation in this state by enacting safety standards to minimize the number of serious of fatal head injuries sustained by children during equestrian activities and recreation.

   Additional Sponsors:  Rep. Brady
   Co-Sponsors:
   Committee:              Public Safety

SJR 9 (Bushweller)

Wed, 16 May 2012 18:33:17 -0400

URGING ALL DELAWAREANS TO HONOR THE MEMORY AND MOMENTOUS ACHIEVEMENTS OF THE HONORABLE JOHN PATTEN, DELAWARE REVOLUTIONARY WAR HERO AND U. S. CONGRESSMAN.

This Senate Joint Resolution urges all Delawareans to honor the memory of Delaware patriot, Revolutionary War hero and early Delaware U.S. Congressman John Patten of Kent County.

   Additional Sponsors:  Rep. Scott
   Co-Sponsors:
   Committee:              Community/County Affairs

SB 229 (Venables)

Wed, 16 May 2012 18:31:27 -0400

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE FRANCHISING PRACTICES.

In light of the recent upheaval in the retail automobile industry in recent years, many states have revised their motor vehicle franchise bill to better regulate the relationship between automobile dealers and their manufacturers. This Bill updates Delaware law to provide automobile dealers with more certainty regarding compensation when a manufacturer terminates a dealer, to ensure dealers receive reasonable compensation from the manufacturer for completing warranty repairs, standardizes the distances allowed between dealerships in all three counties, places limits on how frequently a manufacturer may require a dealer to significantly modify their facilities and limits the manner in which a manufacturer may use and disseminate customer information received from a dealer.

   Additional Sponsors:  Rep. Mulrooney, & Rep. B. Short
   Co-Sponsors:
   Committee:              Small Business

SB 227 (McDowell)

Wed, 16 May 2012 18:30:55 -0400

AN ACT TO AMEND THE DELAWARE CODE BY CREATING A NEW CHAPTER 65 OF TITLE 30 OF THE DELAWARE CODE TO IMPOSE QUALITY ASSESSMENT FEES ON NURSING FACILITIES AND BY CREATING A NEW CHAPTER 105 OF TITLE 16 ESTABLISHING THE NURSING FACILITY QUALITY ASSESSMENT FUND.

This bill seeks to establish two chapters: Section 1, Chapter 65 that creates “Quality Assessment Fees” for the nursing home or long term care (LTC) provider community, and Section 2, Chapter 105 that establishes a new “Quality Assessment Fund.” The fees collected under this bill, through a formula established in the legislation, will be placed into the Fund, which will in turn then be matched by federal Medicaid dollars. The Fund, administered by the Department of Finance, will then return 90% of the total local and federal dollars to the LTC providers through increased re-imbursement rates for the care of their Medicaid eligible patients/residents. The bill exempts Continuing Care Retirement Communities as defined in the bill, and those LTC facilities with less than 46 beds. The fees collected under this legislation will be sunsetted by December 31, 2015, unless re-authorized by the Delaware Assembly.

   Additional Sponsors:  Sen. Sorenson, & Rep. Barbieri, & Rep. Hudson, & Rep. Brady
   Co-Sponsors:
   Committee:              Health & Social Services

SB 228 (McBride)

Wed, 16 May 2012 18:33:43 -0400

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO PROHIBITION AGAINST THE USE OF LIGHTS FOR HUNTING.

This bill prohibits, for the purposes of public safety and wildlife conservation, use of devices that amplify light to hunt wild birds or wild animals at nighttime. The bill also allows use of artificial light to hunt frogs from a boat.

Co-Sponsors:
Committee: Natural Resources & Environmental Control

SB 223 (Booth)

Wed, 16 May 2012 18:28:45 -0400

AN ACT TO REINCORPORATE THE TOWN OF GEORGETOWN.

The Town of Georgetown appointed a seven (7) member charter review committee to address mainly house-keeping revisions to its charter. The Committee met twice a month over several months to review and revise its charter. The result is their re-incorporated bill. The main substantive changes are as follows: • A Preamble was added; • Territorial limits will be established by a recorded map instead of as described as “1/2 mile in every direction from the center of the Public Square”; • The Annexation procedures were removed from the Charter (other than requiring contiguity and at least a majority of property owners in favor of being annexed) and will be detailed by ordinance; • Makes it clear that the Mayor is part of the Town Council; • For purposes of qualifications to be a Council member or Mayor, the Charter defines “bone fide resident”; • The Election procedures now follow Title 15 Municipal Elections; • The Charter clarifies how vacancies on Council occur and how these vacancies may be filled including by special election instead of appointment of a majority of Council; • The Alderman section is amended to track the recently amended Dewey Beach charter (Georgetown does not currently have an alderman). • An ethical code has been adopted by the Town and the Charter references its principles and a requirement to take an ethical oath; • The Town Manager has authority to manage the water, sewer and streets; • Annual property taxes are limited to 10% of gross assessed value; • Bond issuance not by referendum of up to 5 million dollars if from federal or state issuers at zero interest with 100% forgiveness upon successful completion of the project.

Additional Sponsors: Rep. Briggs King, & Rep. Kenton
Committee: Community/County Affairs