Daily Report for 3/30/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HA 1 to HB 35PassedB. ShortThis amendment clarifies that hospitals are not intended to be regulated under this section. 
HA 2 to HA 1 to HB 35PassedB. ShortThis Amendment corrects the Amendment to give the authority to adopt regulations to the Secretary of the Department of Health and Social Services because it is the Secretary who has the legal authority to promulgate regulations not the Director of the Division of Public Health. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 25Enact w/o SignHenryThis Act is the second leg of a Constitutional amendment to lengthen the time period during which the Governor must appoint a judicial officer following the occurrence of a vacancy, thereby giving the Governor and State Senate more flexibility in the consideration of vacancies occurring when the State Senate is not in session while preserving the Delaware tradition of quickly filling judicial vacancies. The first leg, Senate Bill No. 275 from the 148th General Assembly, was adopted by two-thirds of the members elected to the General Assembly and publicized in accordance with Article XVI, § 1 of the Delaware Constitution. From 1897 until 1983, the Delaware Constitution provided that the Governor shall submit his or her appointment to fill a vacancy to a constitutional court within 30 calendar days of a vacancy when the State Senate was not in session. In 1983, the timeframe for the Governor to make an appointment when the State Senate was not in session was lengthened to 60 days, a timeframe for the Governor to make an appointment when the State Senate was in session was added and set at 60 days, and a provision permitting judges to hold over in office for 60 days after their term expired was added. Since 1897, the number of constitutional courts and the number of judges on those courts has increased. As a result, the Governor must now call special sessions of the State Senate for the consideration of judicial nominees more frequently than in the past. This Act provides more flexibility to the Governor and State Senate in two respects. First, it extends the 60 day period after the occurrence of a vacancy to a 90 day period. The 90 day period strikes a balance between the need to have judicial positions filled quickly to avoid operational disruptions in the court system and the desire to have more flexibility when the General Assembly is not in session. Second, the Act clarifies that the Governor and State Senate may consider a nomination 30 days prior to the occurrence of the vacancy. The Constitution was previously silent on the consideration of nominations prior to the occurrence of a vacancy. This Act also modifies the time period during which an incumbent judicial officer whose term has expired may hold over in office after the expiration of his or her term from 60 days to 90 days to match the vacancy timeframes. This Act confirms that an incumbent judge whose term has expired has the option to hold over in office for that 90 day period, but is not required to do so. Finally, this Act makes additional technical corrections to conform existing law on lines 42 through 44, line 46, lines 56 through 58, and line 60 to the guidelines of the Delaware Legislative Drafting Manual.AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE APPOINTMENT OF JUDGES.
SB 36SignedSimpsonThis Act more effectively and efficiently clarifies the enforcement authority of the Department of Agriculture regarding livestock at large. The offenses will now be civil penalties rather than criminal fines, expenses for impoundment will be reimbursed by the violator, and other sources of media can be used to give public notice of impoundment or sale of any livestock at large. This Act is intended to penalize repeat offenders that knowingly let their livestock run at large.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO STRAY LIVESTOCK.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 35 w/ HA 1, HA 1 to HA 1, HA 2 to HA 1 + SA 2SignedB. ShortThis bill sets forth a framework for the licensing, regulation and inspection of business establishments that provide massage and bodywork services. This bill places oversight of any business offering massage services in the hands of the Board of Massage and Bodywork. Specifically, it defines “massage establishment,” and grants authority to the Board of Massage and Bodywork to grant or deny licensure of such establishments and adopt regulations pertaining to the licensure, maintenance and standards to be applied to such establishments. It provides authority for the Division or Professional Regulation to inspect such establishments without any advance notice or concurrent criminal investigation. This bill imposes criminal and civil penalties, including injunctive relief, fines, and imprisonment, for the unlicensed practice of massage and bodywork and the operation of an unlicensed massage establishment.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF MASSAGE AND BODYWORK.
HB 76SignedKeeleyThis Act extends the Office of Foreclosure Prevention and Automatic Residential Foreclosure Mediation Program an additional two years, from January 18, 2018 until January 18, 2020. The Office of Foreclosure Prevention and the Automatic Residential Foreclosure Mediation Program were originally scheduled to sunset on January 18, 2014, two years after their enactment. The sunset date was extended to January 18, 2018 (six years) in 2013 via 79 Del. Laws c. 27 (House Bill No. 40, as amended by Senate Amendment No. 1, 147th General Assembly).AN ACT TO AMEND CHAPTERS 198 AND 200, VOLUME 78 OF THE LAWS OF DELAWARE RELATING TO FORECLOSURES.
HB 84 w/ HA 1SignedMitchell This bill provides that civil violations or penalties under subchapters IV and V of Delaware’s Uniform Controlled Substances Act in Title 16 are included as offenses whereby a $15 penalty is assessed for the Fund to Combat Violent Crimes.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FINES, COSTS, PENALTIES AND FORFEITURES.
HB 105SignedM. SmithThis Act clarifies that the Director of the Office of Management and Budget has the authority to deposit Special Fund balances into the General Fund as a measure to control agency expenditures.AN ACT TO CLARIFY TITLE 29, §6529 OF THE DELAWARE CODE RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET.
HA 1 to HB 84PassedMitchellThis amendment provides that the Act shall take effect 30 days after its enactment into law to allow for the necessary administrative adjustments required to implement the Act. 
SJR 1SignedMcDowellThis Joint Resolution opposes the cost allocation of the Artificial Island Transmission Project as unfair and unduly burdensome to the ratepayers of Delaware and urges PJM to join with Delaware in contesting the cost allocation in the proceedings pending before FERC.OPPOSING THE ARTIFICIAL ISLAND PROJECT COST ALLOCATION AND URGING PJM TO JOIN DELAWARE AND OTHER PARTIES CONTESTING THE COST ALLOCATION IN PROCEEDINGS CURRENTLY PENDING BEFORE FEDERAL ENERGY REGULATORY COMMISSION.
HA 1 to HB 35PassedB. ShortThis amendment excludes hospitals and other facilities separately licensed under Title 16 from the definition of “massage establishment.” It also removes the requirement that fees for an establishment license must reflect the costs of administering the chapter as fee issues are addressed elsewhere in the chapter. The amendment clarifies that massage clients may fall asleep during a massage or remain asleep during a massage session and maintains the prohibition against using a massage establishment as a dormitory. This amendment also clarifies that massage services are to be provided during permissible operating hours only and restricts the right to inspect a massage establishment to either a Division of Professional Regulation Investigator or a law enforcement officer. The amendment allows a professional-in-charge to be so designated for more than 1 establishment if they seek and receive a waiver. It also states that no interior doors, except restrooms may have locks. Exterior doors may not be locked during operating hours except in the case of a sole proprietorship with 1 or no employees or contractors. It gives the Division of Public Health authority to create rules and regulations pertaining to massage establishments. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Elections & Government Affairs
Health, Children & Social Services
Judicial & Community Affairs

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance/Commerce
Education
Health & Human Development
Judiciary
Revenue & Finance

Senate Committee Report

Committee
Banking, Business & Insurance
Finance
Judicial & Community Affairs

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