Daily Report for 4/5/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 15PassedSimpsonThis resolution designates April 6, 2017 as “National Tartan Day” and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware’s first governor, John McKinly, was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant and influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41 which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish- American cultural organizations. COMMEMORATING THE OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS MADE BY SCOTTISH-AMERICANS TO THE UNITED STATES BY PROCLAIMING APRIL 6, 2017 AS NATIONAL TARTAN DAY
HS 1 for HCR 2 w/ HA 1, HA 2Passed HouseBriggs KingSince its adoption in 2003, the Manufactured Home Owners and Community owners Act has proven to be an effective tool to protect the rights of tenants in manufactured home communities. After 13+ years, a number of issues and concerns have been identified y tenants, community owners, and the courts. This Concurrent Resolution establishes a Task Force to review the manufactured Home Owners and Community Owners Act in order to determine what changes, if any, are needed in order to "fine tune" this Act and support a balance of protections and rights for all parties involved.AN ACT ESTABLISHING A TASK FORCE TO REVIEW THE MANUFACTURED HOME OWNERS AND COMMUNITY OWNERS ACT.
HA 1 to HB 87PassedBaumbachThis amendment corrects a technical error changing "or" to "and", as well as deleting the word "either". 
HA 1 to HB 123PassedSmykThis amendment makes a technical correction to the bill relating to electronic devices. 
SB 58CommitteeBushweller This Act ensures victims of crime are afforded as much information as is available to assist them through the trial, sentencing, and post-conviction phases of a criminal case.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE VICTIMS' BILL OF RIGHTS.
HA 2 to HB 45DefeatedLynnThis Amendment removes the ability of the Attorney General to appoint a Deputy Attorney General to act as the administrative hearing officer to adjudicate charges brought by the Director of Consumer Protection and instead requires the Attorney General to appoint a third party hearing officer to act as the administrative hearing officer to avoid conflicts of interest. 
HA 1 to HS 1 for HB 85DefeatedKowalkoThis amendment removes the language that would allow a charter school to provide a preference only for students living in that portion of a non-contiguous school district where the charter school is located. 
SB 60CommitteeBoniniCivil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—often without so much as charging you with a crime. This Act protects individual liberty and property rights by standardizing forfeitures across all crimes, simplifying procedures, and addressing counterproductive incentives in the law that distort policing priorities. Importantly, this Act does not change the authority of law enforcement to seize property suspected of being associated with crime or limit in any way prosecutors’ ability to charge and prosecute suspected criminals. Moreover, it ensures that those individuals proven guilty of a crime do not keep the fruits of their crime. In doing so, it strikes the right balance between the individual property rights and public safety.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSET FORFEITURE PROCESS AND PROVATE PROPERTY PROTECTION.
SCR 18PassedSokolaThis Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2017.COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2017.
SA 1 to SB 31PassedSimpsonThis amendment helps clarify that handguns may be used at any time when the harvesting of deer is allowed under a deer depredation (management) program, provided all other laws and regulations are followed.  
SA 1 to HB 35StrickenDelcolloThis Amendment requires that the newly created board submit the initial adopted rules and regulations pertaining to the licensure, maintenance, and standards of the board to the Joint Legislative Oversight and Sunset Committee which shall then review such rules and regulations and make recommendations in accordance with § 10212 of Title 29. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 23 w/ HA 1SignedMatthewsThis Act requires that any student over the age of 16 who wishes to leave school prior to graduation must obtain the written consent of the parent or guardian, and attend an exit interview where information is supplied regarding the likelihood of diminished earning potential and the increased likelihood of unemployment associated with dropping out. The school is also directed to explore whether there are support services, interventions or programs that might assist the student in remaining enrolled. The intent is to lower the dropout rate and encourage students to complete high school.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE.
SB 26SignedHenryThis Act creates a one-time $100 tax credit per unit for any business purchasing and placing an automatic external defibrillator in service in the State.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.
HB 68SignedLonghurstThis bill amends the Charter of the City of Delaware City. Section 1 aligns the City of Delaware City’s Charter Section 8-04 with the law of the State of Delaware, HB 395, by setting the maximum deadline for registration at 30 days prior to a municipal election, special election, and referenda. Section 2 amends the City of Delaware City’s Charter Section 3-06 and changes the timing for conducting oaths of office for the Mayor and Councilpersons of the City of Delaware City. Section 3 amends the City of Delaware City’s Charter Section 4-01 and eliminates the predetermined time for the meeting of the Property Assessment Board. Section 4 amends the City of Delaware City’s Charter Section 11-01 and extends the term limits for the Planning Commission members.AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY.
SB 32 w/ HA 1SignedHenryThis Act establishes a procedure by which a mortgagee that changes its notice address from the notice address as provided in any mortgage or assignment of mortgage may, at its option, provide public notice of its new notice address.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MORTGAGES.
HB 82 w/ HA 1SignedSchwartzkopfSections 1-4 clarify the type of supervised experience applicants are required to obtain in order to be qualified for licensure and eliminates the requirement that reciprocal applicants be certified by a national organization prior to being qualified for licensure. Additionally, section 2 eliminates a pending criminal charge as a basis to deny licensure. Section 5 changes the law governing chemical dependency professionals to eliminate a pending criminal charge as a basis to deny licensure. Sections 6-9 clarify the type of supervised experience applicants are required to obtain in order to be qualified for licensure and eliminates the requirement that reciprocal applicants be certified by a national organization prior to being qualified for licensure. Additionally, section 7 eliminates a pending criminal charge as a basis to deny licensure.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS.
SB 27CommitteeTownsendTo establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in Delaware, this bill establishes an Independent Redistricting Commission for the State of Delaware. The Commission will be responsible for drawing the boundaries of Delaware's legislative districts every ten years, following each decennial census. A pool of twenty-four potential Commission members shall be selected by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool will consist of eight current or former Delaware attorneys or former Delaware judges and sixteen other citizens of Delaware. The pool must include eight candidates from each of the State’s two largest political parties and eight candidates that are not a member of either of the State’s two largest parties. Prior to selection of Commission members, the following individuals shall each have the opportunity to strike one candidate from the pool: the Speaker of the House, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Secretary of State will draw by lot until the following conditions are satisfied: 1) The Commission will have nine members, three of whom must be current or former attorneys or former Delaware judges, and six of whom must be other Delaware citizens. 2) Three members of the Commission shall be members of the State’s largest political party, three shall be members of the State’s second largest political party, and the remaining three shall not be a member of either of the State’s two largest political parties. Eligible candidates may not be, and may not have in the five years prior to appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting, and from registering as a federal or state lobbyist for five years following the term as a Commissioner. A preliminary plan must be prepared by the Commission for public distribution, and four public hearings must be held before a Final Redistricting Plan and Report is approved by the Commission. The Delaware Supreme Court shall have original and exclusive jurisdiction to resolve challenges to the Final Redistricting Plan adopted by the Commission.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REDISTRICTING OF THE GENERAL ASSEMBLY.
SCR 8PassedPettyjohnThis Resolution designates April 6 2017 "American Legion Auxiliary Day" in the state of Delaware.DESIGNATING APRIL 6 2017, "AMERICAN LEGION AUXILIARY DAY" IN THE STATE OF DELAWARE
SB 42 w/ SA 2SignedBushwellerThis Act permits individuals to add their resident minor child and foster child to their existing motor vehicle insurance policies as additional drivers.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE ADDITION OF MINOR LICENSED CHILDREN AND FOSTER CHILDREN TO EXISTING MOTOR VEHICLE POLICIES.
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.
SA 2 to SB 42PassedBushwellerThis amendment provides an exemption where the rate is actuarially justified. 

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Judicial & Community Affairs
Sunset

House Committee Assignments

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

Senate Committee Report

Committee
Banking, Business & Insurance
Corrections & Public Safety
Education
Environmental, Natural Resources & Energy
Health, Children & Social Services
Sunset
Transportation

House Committee Report

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

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Adams, StephaniConfirmedJustice of the PeaceReappointment
Bush, WilliamConfirmedDelaware Technical & Community College Board of TrusteesReappointment
Colon, IndiaConfirmedState Board of ElectionsNew
Edney, EvelynConfirmedDelaware Interscholastic Athletic AssociationReappointment