| SB 25 | Enact w/o Sign | Henry | This 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. |
| HB 77 | Signed | B. Short | This legislation authorizes the Department to operate its principal office in the Dover area and an additional branch office in Sussex County.
| AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO DEPARTMENT OF INSURANCE OFFICES. |
| SCR 8 | Passed | Pettyjohn | This 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 |
| SCR 13 | Passed | Cloutier | This Resolution recognizes April, 2017 as Child Abuse Prevention Month in Delaware. | RECOGNIZING APRIL, 2017 AS CHILD ABUSE PREVENTION MONTH IN DELAWARE. |
| HB 91 w/ HA 1, HA 2 | Signed | Mulrooney | This Act would enhance the ability of the prescription monitoring program to make informed determinations as to prescribers who may be making extraordinary prescriptions of opiates or other controlled substances, and to refer such cases to law enforcement or professional licensing organizations for further review. The Act would also provide a more usable standard for provision of specified information to law enforcement agencies upon a showing of need. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES. |
| HB 94 | Signed | Baumbach | This bill updates the statute governing the Delaware Division of Libraries, revising terminology to reflect the varied roles of Delaware libraries in the 21st Century. The bill also codifies existing responsibilities of the Division of Libraries related to coordination of state library technology. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF LIBRARIES. |
| SCR 15 | Passed | Simpson | This 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 |
| HB 111 | Signed | Keeley | This bill changes the number of live music events required for an entity to be a qualified “concert hall” for purposes of alcohol licensing. Previously a concert hall was required to hold at least 250 live music events per year and be open at least 5 days per week. Pursuant to this change, the 5-day requirement is eliminated and the venue must hold 250 live music events per two-year period. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO CONCERT HALLS. |
| SCR 18 | Passed | Sokola | This Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2017. | COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2017. |
| HA 1 to HB 91 | Passed | Mulrooney | This amendment ensures that expertise on the PMP Advisory Committee regarding patient privacy laws and regulations is provided by the Department of Justice. | |
