Daily Report for 6/21/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 16PassedMiro REAFFIRMING SUPPORT FOR TAIWAN'S MEANINGFUL PARTICIPATION AND CONTRIBUTION IN INTERNATIONAL ORGANIZATIONS, AND FOR STREGTHENING AND EXPANDING SISTER-STATE TIES BETWEEN THE STATE OF DELAWARE AND TAIWAN.
SCR 33PassedMcBride This resolution creates the Administrative Law Improvement Task Force, which is charged with reviewing Delaware’s Administrative Procedures Act and other related statutes for the purpose of making recommendations to modernize Delaware’s administrative tribunal process, including judicial review of administrative tribunal decisions and processes for disputes involving land use and real property, including the Landlord Tenant Code.CREATING AN ADMINISTRATIVE LAW IMPROVEMENT TASK FORCE FOR THE PURPOSE OF REVIEWING AND IMPROVING THE ADMINISTRATIVE PROCEDURES ACT, PROCESSES FOR JUDICIAL REVIEW OF DECISIONS BY ADMINISTRATIVE TRIBUNALS, AND PROCESSES FOR DISPUTES INVOLVING LAND USE AND REAL PROPERTY, INCLUDING THE LANDLORD TENANT CODE.
HB 254CommitteeBriggs KingThis bill changes the calculation of biweekly pay for State officials and employees to compensate for the 27th pay period that occurs approximately every 11 years. This calculation is used by the Federal government to fairly spread the impact of the 27th pay over all pay periods. The last leap year resulted in an additional 58 million dollar cost.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO METHOD OF PAYMENT OF STATE OFFICIALS AND EMPLOYEES.
HA 1 to SB 75PassedBaumbachThis Amendment removes patronizes from the acts being added to Delaware's human trafficking crime to avoid confusion because the crime of patronizing a victim of sexual servitude already exists in this statute, in paragraph (b)(4). 
HA 1 to HB 225PassedBentzThe Division of Long Term Care Residents Protection no longer furnishes staff for the Delaware Nursing Home Residents Quality Assurance Commission. Thus, this Amendment updates the Code by removing that paragraph instead of updating the reference in it to the Division's new name. 
SA 1 to HB 38PWBHockerThis amendment clarifies that that municipalities have the authority to adopt ordnances placing restrictions or requirements on the construction or use of water wells within its jurisdiction, to the extent permitted by law.  
HB 10CommitteeM. SmithThis Act entitles all students from kindergarten through the 8th grade who are enrolled in a Delaware public school to morning and afternoon recess periods and a lunch period that is at least 30 minutes in length. Morning and afternoon break periods must be at least 10 minutes in length each. Under this Act, students are entitled to morning and afternoon breaks and a lunch period only on a full day of school.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO RECESS AND LUNCH PERIODS FOR KINDERGARTEN THROUGH 8TH GRADE STUDENTS.
HA 2 to HB 148PWBParadeeThis amendment eliminates the deduction for 529 College Savings Plans, and limits the deduction for 529A “ABLE” plans to individuals and couples with a federal adjusted gross income of less than $125,000 or $250,000 respectively. 
HA 1 to SB 38StrickenJaquesThis Amendment places this section in Chapter 81 of Title 9 instead of in Chapter 3 of Title 9 so that it is included with other property tax exemptions. This Amendment also provides individuals with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services and who qualify for a 100 percent disability rating from the United States Department of Veterans Affairs, with a full exemption from all real property taxation, exclusive of any local light and ditch taxes or sewer, trash, or other fees, in all 3 counties. This Amendment also provides each county with the ability to promulgate the rules, regulations, and forms necessary to implement this section.  
SA 2 to SB 101PassedWalshThis Amendment allows research facilities the option of contracting with another organization to comply with this Act and also allows a research facilities to operate their own adoption program. 
HA 1 to HS 1 for HB 180StrickenBaumbachThis Amendment makes further revisions to House Substitute No. 1 to House Bill No. 180 to reflect negotiation with stakeholders. Specifically, this Amendment does the following: Revises the definition of “determination of the breach of security” to remove the word reasonably. Creates an exception so that information about an individual’s mental or physical condition is not considered personal information under this chapter if that information is contained in “open text” fields and the owner or licensee of the data is not subject to HIPAA. It provides maintainers of data with the same extensions of time for notice as provided to owners of data. This Amendment also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.  
HA 2 to HB 187PassedJ. JohnsonThis amendment removes the condition that a bidder may not own property that has been subject to fines, penalties or abatements of violations within the past 24 months in order to receive a prequalification certificate. This amendment also requires that a prequalified bidder can only assign a successful bid to those who satisfy the prequalification criteria. This provision eliminates a loophole wherein a prequalified bidder could have assigned a successful bid to a person who could not secure a prequalification certificate thus averting the intent of the prequalification process.  
HR 17PassedSchwartzkopfThis Resolution recognizes Wednesday, June 21, 2017, as “Staff Appreciation Day” in the House of Representatives.RECOGNIZING JUNE 21, 2017, AS "STAFF APPRECIATION DAY" IN THE HOUSE OF REPRESENTATIVES.
HA 1 to HB 241PassedSchwartzkopfThis amendment changes the tax rates for beer, cider, wine and ethyl alcohol. 
SA 1 to SB 50PWBMcDowellThis Amendment transfers administrative responsibilities from the Secretary of Finance to the State Treasurer and reduces the amount of taxing authority granted to Delaware Tech’s Board of Trustees from 10 cents per $100 of assessed value to 6.5 cents per $100 of assessed value. 
SA 1 to SB 9PassedMarshallThis amendment places restrictions on an employer's utilization of the Work a Day Earn a Pay Jobs Program. 
SA 1 to HB 64StrickenPooreThis Amendment provides additional language to ensure that those mothers who have pregnancy complications that warrants prolonged or extended hospitalization of the mother or the infant in the antepartum or immediate postpartum period are protected under the statute. The intent of the Amendment is to broaden the scope of pregnancy complications that are covered under the statute.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 47 w/ HA 1, HA 2 + SA 1SignedYearickThis bill removes the notary requirement for requests for absentee ballots. Delaware is the only state that requires a notary to authorize a voter's affidavit for an absentee ballot. In some cases, the potential voter may have to pay for the notary and Delaware essentially charges them to vote. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ABSENTEE VOTING.
HB 61SignedBaumbachThis bill will add 4 new check-off donation boxes on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to one of the following organizations: Food Bank of Delaware, Sussex County Habitat for Humanity, Central Delaware Habitat for Humanity, or Habitat for Humanity of New Castle County.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.
HB 70 w/ HA 1SignedBennettUnder current educational standards, students are no longer required to be taught cursive writing and many schools have abandoned teaching cursive writing to students. As cursive writing is still an imperative skill in many professions, this bill makes teaching cursive writing a requirement for all public schools in Delaware.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL REQUIREMENTS.
SB 78 w/ SA 1SignedSokolaThis Act enhances penalties for drivers who cause serious physical injury, as defined in § 222 of Title 11, to a vulnerable user, as defined in this Act. For a person to be guilty under this Act, the injured vulnerable user must be lawfully using a highway, defined in § 101 of Title 29 as "the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel . . . ." This Act also expands the circumstances in which a driver is criminally liable from violations of the careless or inattentive driving law to any violation of the rules of the road, Chapter 41 of Title 21, that result for a serious physical injury to a vulnerable user. Finally, this Act gives Superior Court jurisdiction over these violations due to the serious nature of the injuries required to be suffered by a vulnerable user.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.
SB 122 w/ HA 1SignedWalshThis Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee (“JLOSC”) by making amendments to the State Human Relations Commission’s (“the Commission”) governing statute. First, this Act changes the number of members on the Commission to a more manageable number, 18 members, and adjusts appointment language accordingly, including providing for staggered appointments so that members’ terms do not expire all at the same time. To provide the Commission with sufficient time to reorganize itself with the new number of members, Section 1 of this Act takes effect 1 year after the date of enactment. Next, this Act adds several provisions that are administrative in nature: defining the Commission’s quorum and requiring quorum to meet and conduct business; language standard to boards and commissions regarding the removal of members for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance; and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act fulfills the JLOSC recommendation that the Commission’s governing statute include reference to its duties under other chapters of the Delaware Code. Current Delaware law provides that the Commission has duties under Chapters 45 and 46 of Title 6, the Equal Accommodation Act and Fair Housing Act, respectively. Senate Bill No. 49 (“SB 49”) of the 149th General Assembly, however, if enacted, will create a new Chapter 78 in Title 6, under which the Commission will have duties related to Homeless Individuals’ Bill of Rights. In order to accommodate the possibility of a new chapter in Title 6 which should be referenced in the Commission’s governing statute, §§ 3004 and 3005 have been drafted as two versions. The first version of each, Sections 4 and 6, include references to the new Chapter 78, while the second version of each, Sections 5 and 7, do not. Therefore, Section 10 of this Act provides that Sections 4 and 6 take effect if SB 49 is enacted during this General Assembly, and Sections 5 and 7 take effect if SB 49 is not enacted during this General Assembly.AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE STATE HUMAN RELATIONS COMMISSION.
SA 1 to SB 78PassedSokolaThis Amendment does the following: (1) Clarifies the location where an individual is a vulnerable user. (2) Makes a technical correction to internal references. 
SA 1 to HB 47PassedPooreThis amendment changes the word "affidavit" to "statement" since the bill is removing the notary requirement. 

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Education

House Committee Assignments

Committee
Administration
Education
Health & Human Development
Judiciary
Public Safety & Homeland Security

Senate Committee Report

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

House Committee Report

Committee
Economic Development/Banking/Insurance/Commerce
Education
Gaming & Parimutuels
Health & Human Development
Housing & Community Affairs
Judiciary
Public Safety & Homeland Security
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)
Transportation/Land Use and Infrastructure
Veterans Affairs

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Loftus, Dennis ConfirmedState Board of EducationNew
O'Malley, Francis J.ConfirmedProfessional Standards BoardNew
Ratchford, MichaelConfirmedDelaware River and Bay AuthorityNew