Daily Report for 6/15/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 15PassedBriggs KingThis resolution recognizes June 18th, 2017 as Father’s Day in Delaware.RECOGNIZING SUNDAY, JUNE 18, 2017 AS FATHER'S DAY IN DELAWARE AND COMMENDING ALL FATHERS FOR THEIR SUPPORT IN THEIR CHILDREN'S LIVES.
HB 234CommitteeSmykThis act clarifies that the felony of Possession of a Deadly Weapon by a Person Prohibited shall not apply to persons who are prohibited from possessing a deadly weapon solely by their possession of a personal use quantity of marijuana, when such possession qualifies as a civil penalty under Title 16. This bill addresses the legal issue in State v. Murray (Del. Super. 2017).AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF DEADLY WEAPONS.
HA 4 to HB 179PWBLynnThis Amendment adds the appropriate Capitol Police staff to the definition of "9-1-1 operators." 
HA 2 to HB 205PassedKeeleyThis amendment clarifies that if a person is charged with a felony in the same case as the charge of misdemeanor Driving under the Influence, Superior Court has jurisdiction over the bail. 
SB 121CommitteeMarshallThis bill requires the Family Court of the State of Delaware to report adjudications of delinquency involving physical or sexual assault crimes, which are defined in this bill as they are in Title 31 of the Delaware Code, section 309, governing background checks for child-serving entities. These crimes include: reckless endangering in the first degree; abuse of a pregnant female in the second degree; abuse of a pregnant female in the first degree; strangulation; assault in the second degree; assault in the first degree; vehicular assault in the first degree; vehicular homicide in the second degree; vehicular homicide in the first degree; criminally negligent homicide; manslaughter; murder by abuse or neglect in the second degree; murder by abuse or neglect in the first degree; and murder in the second degree; murder in the first degree; promoting suicide; abortion; unlawful sexual contact in the second degree; unlawful sexual contact in the first degree. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO INFORMATION REPORTED TO THE STATE BUREAU OF IDENTIFICATION.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 16 w/ HA 1SignedRamoneThis bill will sunset the Delaware Estate Tax on December 31, 2017.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE ESTATE TAX.
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 175SignedSchwartzkopfThis Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees and taxes assessed will take effect on August 1, 2017; however increases to the maximum franchise tax and the late penalty for the filing of an annual franchise tax report shall take effect for the tax year beginning January 1, 2017, and the increase of the assumed par value multiplier for calculation of the corporate franchise tax and the authorized shares multiplier for corporations with greater than 10,000 authorized shares for calculation of the corporate franchise tax shall take effect for the tax year beginning on January 1, 2018.AN ACT TO AMEND TITLE 6, TITLE 8, AND TITLE 12 OF THE DELAWARE CODE RELATING TO VARIOUS FEES AND TAXES CHARGED BY THE SECRETARY OF STATE.
HS 1 for HB 143 w/ HA 1SignedK. WilliamsThis Act removes the provisional license and re-establishes a 3 tiered licensure system. An initial license provides for two years for the initial licensee to obtain a passing score on an approved performance assessment. This Act provides for reciprocity for a state-created and approved performance assessment from another state or jurisdiction to meet the performance assessment requirement. This Act also eliminates the general knowledge exam for licensure which will result in a savings to the candidate of a range of $100 to $150. Additionally, this Act provides for a reimbursement of no less than $100 to a license holder who meets the performance assessment requirement and becomes employed in a Delaware public school. The Department will be responsible for training local district and school staff on the performance assessment. Additionally, the Department of Education leadership, including the Secretary of Education will be trained on the performance assessment. For enactment, any individual provided an initial license prior to the enactment date will not be subject to the requirement of obtaining a passing score on a performance assessment. Additionally, any individual provided a provisional license prior to the enactment date will be reissued an initial license and the 2 year requirement for meeting the performance assessment will become effective commencing on the new issue date. The remainder of the bill makes conforming changes to cross-references and license designations.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE.
HB 189SignedMitchellThe “Advanced Wireless Infrastructure Investment Act” creates a new Chapter 16 of Title 17 that will accelerate investment in mobile broadband infrastructure and ready the State for the next wave of economic development in the digital economy. In recognition of the shift from landline to wireless communications, the Act authorizes wireless providers access to the State’s rights of way and establishes a Statewide policy for deployment of small wireless cells to meet the growing demand for wireless services which provide Delaware citizens with access to advanced technology, information and 911 services.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO HIGHWAYS.
SB 96SignedLopezThis Act amends the Charter for the City of Lewes to make residents who are not property owners or leaseholders in the City or in an area to be annexed ineligible to vote in a special annexation election. This Act also creates a new Section 40, providing for the indemnification of City officers and employees in criminal, civil, quasi-judicial, and administrative actions in appropriate circumstances.AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES RELATING TO VOTER ELIGIBILITY IN SPECIAL ANNEXATION ELECTIONS AND INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES.
SB 97 w/ SA 2SignedHansenThis bill allows Delaware Department of Transportation authorized vehicles to be able to use the shoulder of the road when responding to emergencies. Department of Transportation staff must respond to emergencies along the road to assist police, fire and paramedics with establishing maintenance of traffic. By allowing the use of the shoulder of the road staff will be able to respond in a timely manner.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE RULES OF THE ROAD.
SB 98SignedPettyjohnThis Act amends the Charter of the Town of Georgetown by establishing that registration of voters for municipal elections shall be administered and conducted by agreement with and pursuant to regulations promulgated by the Department of Elections for Sussex County. This Act further establishes the procedure for handling uncontested elections. AN ACT TO AMEND THE CHARTER OF THE TOWN OF GEORGETOWN RELATING TO THE REGISTRATION OF VOTERS AND UNCONTESTED ELECTIONS.
SB 99SignedPettyjohnThis legislation eliminates front footage calculations as the sole method of collecting sewer assessments for county sewer users. It provides a broad list of possible methods of determining the amount of the sewer assessment for each property, including, but not limited to front footage, usage, fixtures, Equivalent Dwelling Units (EDUs) or other factors. The methods are the same as those currently in Chapter 67 of the Delaware Code for sewer charges.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE DELETION OF FRONT FOOTAGE CALCULATION AS THE ONLY METHOD OF DETERMINING SEWER ASSESSMENTS.
SB 108SignedEnnisSB 164 of the 148th General Assembly created a special license plate for professional paramedics and retired professional paramedics. This Act provides an additional officer, at the county level, to verify an applicant's eligibility for this special license plate.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE OR REGISTRATION PLATES.
HCR 36PassedLonghurstThis House Concurrent Resolution recognizes June 15, 2017, as “Delaware Elder Abuse Awareness Day” and encourages all of Delaware’s citizens to learn about how to protect and nurture our elderly citizens.RECOGNIZING JUNE 15, 2017 AS "DELAWARE ELDER ABUSE AWARENESS DAY" IN DELAWARE.
HCR 40PassedRamoneThis Resolution recognizes the month of November, 2017, as “Lung Cancer Awareness Month” in Delaware.RECOGNIZING NOVEMBER 2017 AS LUNG CANCER AWARENESS MONTH IN THE STATE OF DELAWARE.
SA 2 to HB 35PassedDelcolloThis Amendment removes the requirement that a licensed massage and bodywork therapist or certified massage technician be on the premises at all time the establishment is open, allowing receptionists and other office staff to continue working any time the establishment is open. This Amendment amends the language added by House Amendment No. 1 so that § 5319 of Title 24 is consistent § 5321 of Title 24. This Amendment also allows the following doors to be locked: restrooms, external doors when there is only one owner or employee; and internal doors that protect confidential patient or business information. These locked doors must be opened upon request during an inspection. This Amendment also requires an independent and sufficient basis before inspecting areas of a residence or shared office space. 
HCR 37PassedSchwartzkopfThis Resolution recognizes the young men participating in the 2017 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware.RECOGNIZING THE YOUNG MEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2017 SESSION OF DELAWARE'S BOYS STATE.
SA 2 to SB 97PassedEnnisThis amendment allows emergency vehicles to pass on the right using the shoulder when responding to an emergency.  
HCR 38PassedB. ShortThis Concurrent Resolution recognizes the valuable contributions that the Lions Clubs International makes to our local communities, as well as the world at-large, by designating June 15, 2017 as "Delaware State Lions Day" in the State of Delaware.RECOGNIZING THE VALUABLE CONTRIBUTION THAT THE LIONS CLUB INTERNATIONAL MAKES TO OUR LOCAL COMMUNITIES, AS WELL AS TO THE WORLD AT LARGE, BY DESIGNATING JUNE 15, 2017 AS "DELAWARE STATE LIONS DAY" IN THE STATE OF DELAWARE

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 54SignedTownsendThe continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal histories are a hindrance to employment, education, housing and credit. This act modifies Delaware’s discretionary expungement provisions to allow more children, and adults with only juvenile records, the ability to petition the Court for an expungement. An adult conviction automatically disqualifies someone from seeking an expungement to their juvenile record. These changes would allow the Court to consider an expungement where a person with a juvenile record has demonstrated rehabilitation. These provisions will enable a greater number of deserving youth, and adults with only juvenile records, the ability to move beyond their past and recognizes that most youth mature out of offending behavior. This legislation builds on a bill passed by a bipartisan group of lawmakers during the 148th General Assembly. Senate Bill 198 streamlined the process for an individual to expunge their juvenile record. This proposed expansion removes certain prohibitions that prevent an individual from ever seeking a discretionary expungement, streamlines the scenarios of which a person with a juvenile record is eligible to seek a discretionary expungement, and creates a fair catch-all provision for those seeking an expungement to their juvenile record in cases where they were found delinquent in multiple cases, but had not been adjudicated or convicted of another crime since. This allows for eligible juveniles, and adults with only juvenile records, to seek discretionary expungements, wherein the Court would decide whether or not a person had rehabilitated. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE EXPUNGEMENTS.
SCR 32PassedTownsendThis Concurrent Resolution recognizes Ramadan and Muslim residents of this State as they observe Ramadan.RECOGNIZING RAMADAN AND MUSLIM RESIDENTS OF THIS STATE AS THEY OBSERVE RAMADAN.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Judicial & Community Affairs
Sunset

House Committee Assignments

Committee
Administration
Health & Human Development
Judiciary
Public Safety & Homeland Security
Revenue & Finance

Senate Committee Report

Committee
Finance

House Committee Report

Committee
Manufactured Housing

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
SB 113 w/ SA 1, SA 2, SA 5, SA 4SignedMcDowellThis bill authorizes the creation of a Delaware Voluntary Property Assessed Clean Energy (D-PACE) program to establish a clean energy financing program for the installation of energy efficiency technologies and clean energy systems for qualifying commercial real properties statewide. PACE programs are authorized in more than 30 states nationwide. The financing will be secured by and payable from a voluntary assessment imposed on the property benefited by the qualifying energy improvement. The bill calls upon the Sustainable Energy Utility (SEU) to administer the program and establish a statewide financing program to aid counties in expanding clean energy projects in their jurisdictions. Projects under D-PACE can be financed through the SEU or other participating financial institutions.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO A DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM THROUGH LOCAL GOVERNMENT ASSESSMENTS.

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records