Daily Report for 6/22/2017

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 31 w/ HA 1, HA 2PassedDelcolloThis concurrent resolution establishes the Veterans Higher Education Task Force to study and make findings and recommendations regarding veterans’ access to higher education in Delaware.ESTABLISHING THE VETERANS HIGHER EDUCATION TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING VETERANS’ ACCESS TO HIGHER EDUCATION IN DELAWARE.
HA 1 to HB 243PassedD. ShortThis amendment restores the State Fire Prevention Commission's ability to impose a civil penalty against any organization that fails to comply with regulations promulgated regarding the timeliness of submission of audits and makes a technical correction. 
HA 1 to HCR 39StrickenBriggs KingThis amendment adds Human Resources to the Task Force and would provide an odd number of members in order to break a tie. 
SJR 2SignedMcDowellThis Joint Resolution urges the Federal Energy Regulatory Commission to accept either alternative cost allocation methodology of the Artificial Island Project as presented by PJM. URGING THE FEDERAL ENERGY REGULATORY COMMISSION TO ACCEPT EITHER OF PJM INTERCONNECTION, L.L.C.’S ALTERNATIVE METHODOLOGIES FOR ALLOCATING THE COST OF THE ARTIFICIAL ISLAND PROJECT AS RECOMMENDED BY GOVERNOR CARNEY AND GOVERNOR HOGAN.
HB 256CommitteeM. SmithThis Act requires children 2 years of age or younger to be secured in a rear-facing child passenger restraint system, until the child outgrows the maximum weight and height limits designated by the car seat manufacturer or until the child weighs 40 or more pounds or is 40 or more inches tall. The law takes effect 1 year after its enactment into law to allow residents of this state sufficient time to become aware of the rear-facing car seat requirement.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO CHILD RESTRAINTS IN MOTOR VEHICLES.
HA 1 to HB 204PassedJ. JohnsonThis amendment clarifies that the assessment tools are not binding on the courts and the courts may use their discretion in setting appropriate conditions of release. It is also intended to clarify that when a defendant has violated one or more material conditions of pretrial release, bail may be revoked and reset. When the condition that was violated was a condition of appearance in court, that bail amount may be forfeited by the court. That portion of the existing code that restricts forfeiture only to situations where the defendant fails to appear has been restored. The amendment additionally requires the CJC to submit an annual report to the General Assembly regarding the modernization of the pretrial release system and data relating to pretrial success rates. 
SA 1 to SB 112PWBMcDowellUnder this amendment, all state funds provided to the Delaware Student Entrepreneur Platform shall remain within the control of, and subject to the direction of, the State of Delaware. 
SA 1 to SB 118PWBMarshallUnder this amendment the criminal history record, including expunged juvenile adjudications for any felony convictions involving physical or sexual assault crimes, must be made available to a child-serving entity obtaining a criminal background check for employees, volunteers, or contactors. 
SA 1 to SB 119PWBMarshallThis amendment would make the provisions of Senate Bill 119 more consistent with amendments to the Delaware Constitution, Article V, Section 2, which limit the felonies that disqualify persons from voting to felonies of murder and manslaughter (except vehicular homicide). This amendment would also require that the criminal history record of any felony of murder or manslaughter (except vehicular homicide) be provided to the Department of Elections by the State Bureau of Identification, even if the record has been expunged. 
SA 1 to SB 120PWBMarshallThis amendment requires that the entire criminal history record of expunged serious juvenile offenses be provided to a nursing home facility engaging in a background check.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 45 w/ HA 1SignedKeeleyThis Act clarifies (i) how personal jurisdiction shall be obtained over nonresident respondents in administrative proceedings brought by the Director of Consumer Protection pursuant to Section 2523, Title 29 of the Code, and (ii) the manner in which service of process may be made upon respondents in those proceedings.This Act also empowers administrative hearing officers appointed under Section 2523(b), Title 29 to issue subpoenas upon request of the parties to the administrative proceeding, in order to enable the parties to present evidence not otherwise available to them.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.
HB 64 w/ SA 2SignedBriggs KingMothers who give birth to monoamniotic twins are often hospitalized as early as 26 weeks into the pregnancy due to the risk of complications of having twins share a single amniotic sack. Mothers who give birth to multiples of 3 or more often have the same issue of requiring extensive medical pre-natal care. As a result, the benefits provided under the federal Family and Medical Leave Act (FMLA) are often exhausted by the time the mother and children are discharged from the hospital. This bill provides that mothers who are full time state employees may have up to six weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FAMILY LEAVE.
HS 1 for HB 85VetoedK. WilliamsThis bill eliminates the use of an enrollment preference for students living within a 5-mile radius of a charter school. This change was supported by a majority vote of the Enrollment Preferences Task Force established by House Bill No. 90 of the 147th General Assembly. The Act will take effect immediately. For any charter school using the 5-mile preference at the time of enactment, the school is required to eliminate the preference through notification to the authorizer prior to the 2018-2019 school year. The bill allows a new preference for students located in the portion of the regular school district that is geographically contiguous with the location of the charter school.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.
SB 74 w/ SA 1SignedWalshThis Act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee. First, this Act adds language to establish the circumstances under which Trustees of the Delaware Agricultural Lands Preservation Foundation may be removed, using language standard to boards and commissions in this State. Second, this Act limits review of a preservation easement after 25 years of the easement's acquisition to only easements that were acquired before the enactment of this Act. Preservation easements acquired after the enactment of this Act are not subject to termination under § 917 of Title 3. Third, this Act corrects an internal reference, and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION ACT.
HB 193SignedK. WilliamsThis Act authorizes teacher candidates who will participate in the “alternative routes” for teacher licensure and certification program hired after July 1 of a school year to fulfill the 120 hour seminar/practicum requirement prior to the start of the following school year.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE.
SS 1 for SB 43 w/ SA 1SignedSimpsonThis Act regulates the practice of art therapy placing control of the profession under the Board of Mental health and Chemical Dependency Professionals and amending Chapter 30 of Title 24 by adding Subchapter V. Professional Art Therapists. The Art Therapy Practice Act will serve and protect the public by defining the scope of practice of art therapy; setting minimum standards of qualification, education, training, and experience for art therapists; and maintaining certain standards in the delivery of art therapy services. This Act also requires the Board of Mental Health and Chemical Dependency to appoint one or more credentialed volunteer art therapists to advise and assist the Board in matters pertaining to art therapists.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE LICENSURE OF ART THERAPISTS.
SB 111 w/ SA 1SignedTownsendThis bill establishes the Behavioral Health Consortium that will provide oversight and coordination of the State’s private and public bodies to address behavioral health issues in Delaware.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE BEHAVIORAL HEALTH CONSORTIUM.
SA 1 to SS 1 for SB 43PassedSimpsonThis Amendment clarifies that an Associate Art Therapist does not have to take the national certification exam prior to licensure. In addition, the Amendment inserts a grandfathering clause requiring those who had graduated with a master's degree prior to January 2013, to have a minimum of 48 graduate semester credit hours or 72 quarter-hour credits to qualify for licensure. The Amendment also adds an effective date of 180 days after its enactment in law.  
SA 1 to SB 74PassedWalshThis Amendment removes the changes made to § 917 of Title 3 regarding the termination of preservation easements. 
SA 1 to SB 111PassedTownsendThis Amendment makes changes based on stakeholder feedback and offers clarification of the legislative intent pertaining to the education community. Specifically, it identifies the DOE as an agency that the Consortium will engage with to gather specific expertise and it clarifies that the representative of the education community must be someone who works directly to improve behavioral health in a Delaware school district. 
HCR 45PassedSchwartzkopfThis concurrent resolution recognizes and honors the young women of Delaware participating in the 2017 session of Delaware Girls State.HONORING THE YOUNG WOMEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2017 SESSION OF DELAWARE GIRLS STATE.
SA 2 to HB 64PassedPooreThis Amendment ensures that mothers who have pregnancy complications that warrant prolonged or extended hospitalization of the mother or the infant in the antepartum or immediate postpartum period are protected under the statute.  

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 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 187 w/ HA 1, HA 2SignedJ. JohnsonWith the implementation of land banks in the State of Delaware, an increasing number of vacant and abandoned properties will be brought to sheriff’s sales. Many of these parcels will be dilapidated and require investment to render the house habitable. Blight will only be ameliorated if the bidders upon such property acquire it intending to invest in the property, thereby improving the housing in the neighborhood and eliminating blight. If bidders at a tax lien sale have failed to pay taxes when due and have failed to maintain the condition of other real property they own in the same jurisdiction, it is not likely that they intend to invest in and improve the condition of additional property they acquire. Instead they are speculating on a turnaround in the neighborhood based upon the investment and efforts of others. Under current law, New Castle County, or any municipal government, may disapprove of the winning bid for any tax lien sheriff’s sale, at the election of the governmental entity initiating the tax lien sale, for any public purpose or reason. This bill allows any county or municipality to additionally require that bidders at such tax lien sales certify, prior to bidding, that they do not have a record of failing to maintain other real property in which they own an interest, do not have outstanding liens owed to governmental entities in excess of $1,000 at such other property, and do not hold properties that have been vacant for 18 consecutive months unless there is active construction on the property.AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO SHERIFF'S SALES.
HB 188SignedJ. JohnsonCriminal and administrative enforcement of laws and ordinances relating to the condition of real property and abatement of violations thereof is a significant expense of local governments. The growing number of vacant and abandoned properties has increased these costs to local governments. The owners of vacant and abandoned property routinely fail to respond to the issuance of violation notices, citations, and tickets. Thus, the local government, at taxpayer expense, is left to maintain the property in a condition that will protect the public health, safety and welfare and minimize the deleterious effect the unmaintained property has on the local community. When a property owner fails or refuses to maintain real property according to minimum code standards, the costs incurred by local government for enforcing its codes and abating violations thereof, should be borne by the property owner rather than the taxpayers. Thus, this bill is intended to clarify that costs associated with enforcement of local laws and ordinances relating to the condition of real property and abatement of violations of those laws and ordinances shall be a lien against the property subject to the enforcement action. Recoupment of costs associated with the enforcement of building, property maintenance, zoning, drainage, sewer, housing, or sanitation codes is a lengthy and expensive process for local governments. This bill clarifies that local governments may include the amount of the lien on the local tax billing of the property subject to the enforcement action may collect the lien in the same manner as other property taxes.AN ACT TO AMEND TITLE 9 AND 25 OF THE DELAWARE CODE RELATING TO LIENS OF POLITICAL SUBDIVISIONS AND MUNICIPALITIES.
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.
HB 197SignedGrayThis bill makes changes to the Delaware Professional Engineers' licensing chapter to: 1. Limit license reinstatement to a 4-year period instead of the current 10-year period. 2. Clarifies the requirement necessary for an out-of-state Professional Engineer to obtain a temporary permit and licensure in Delaware. 3. Allows the use of an electronic signature and date. Previously only an electronic seal was authorized. 4. Clarifies that a licensee from another jurisdiction can be disciplined after they have voluntarily surrendered their license in the other jurisdiction.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.
HB 201SignedB. ShortThis Act clarifies that after a physician-patient relationship has been properly established in accordance with this section, subsequent communications and treatment may be conducted as the doctor and patient deem appropriate. As with all practice of medicine, such subsequent interactions must still meet the standard of care for the given field of medicine. The Act also clarifies that this statute is not intended to limit the practice of radiology or pathology – fields in which it has long been standard for an off-site specialist to examine records created by a treating physician or technician. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO TELEMEDICINE.
HS 1 for HB 173 w/ HA 1 + SA 1SignedJaquesThis bill further consolidates animal welfare law enforcement roles and responsibilities under Title 16. The Office of Animal Welfare enforces all animal control and animal cruelty laws of this state. Upon the transfer of such responsibilities to the Office of Animal Welfare, officers were given greater enforcement authority than previously assigned under the Delaware State Constable Board. As such, animal welfare officers were removed from the Board’s oversight and the additional laws enforced previously as constables need to be added to the section of the code that defines officer authority, specifically when enforcing animal fighting laws and laws pertaining to dangerous animals. Other laws, like the dog control law, needed to be brought up to date with current Office of Animal Welfare authority. Additionally, the bill updates the Dangerous Dog Law to allow for more thorough investigation prior to civil filings, adds code provisions concerning dogs that repeatedly attack or threaten to attack people and animals in the community, creates steps for ensuring compliance to court rulings, and establishes a deadline for filing appeals after dangerous dog (with euthanasia) rulings.AN ACT TO AMEND TITLE 11, 16 AND 29 OF THE DELAWARE CODE RELATED TO DANGEROUS ANIMALS AND ANIMAL WELFARE LAWS.
HB 215SignedLonghurstThis bill eliminates the sunset provision on the “at-store” recycling program for plastic bags. The program established in 2009 included a sunset provision until 2014. In 2014, the General Assembly extended that sunset provision to 2017. This bill eliminates the sunset provision permanently to encourage the continued routine for consumers to recycle plastic bags through “at-store” programs. The bill will also require all stores subject to the requirements of this section to register by June 30, 2018, and provide information to DNREC regarding compliance on a form to be provided by DNREC.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.
HJR 5 w/ HA 1CommitteePotterThis resolution directs the Delaware Emergency Medical Services Oversight Council and the Office of Emergency Medical Services to establish statewide metrics for emergency room wait times, with such information being publicly reported on a regular basis and available to emergency responders.RELATING TO IMPROVING MEDICAL OUTCOMES BY ESTABLISHING STATEWIDE METRICS FOR EMERGENCY ROOM WAIT TIMES.
HB 214 w/ HA 1SignedMulrooneyThis bill amends merit compensation bargaining unit by allowing non-uniformed correctional employees, including correctional counselors, correctional administrative staff and similar occupations, to bargain over compensation. These correctional employees are presently the only correctional employees excluded from compensation bargaining.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO COLLECTIVE BARGAINING FOR STATE EMPLOYEES.
HA 1 to HB 187PassedJ. JohnsonThis amendment exempts charitable organizations that have been working in the field of affordable housing for at least 5 years and community development corporations from the certification process at sheriff’s sales. 
HB 220SignedBentzThis act establishes the Addiction Action Committee as a means to establish a comprehensive, coordinated strategy to address addiction in Delaware. The committee is authorized to make recommendations on a comprehensive approach to address and monitor the addiction crisis.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUG ABUSE.
HB 227SignedCarsonThis Act amends the provisions of the Municipal Tax Increment Financing Act applicable solely to the City of Dover, Delaware, to allow the City of Dover to determine the date as of which the adjusted assessed value and the original assessed value of the property in the TIF District designated by the City of Dover will be determined for the purposes of the Municipal Tax Increment Financing Act.AN ACT TO AMEND CHAPTER 17, TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL TAX INCREMENT FINANCING.
HB 228SignedCarsonThis Act amends the Kent County Tax Increment Financing Act to allow Kent County to determine the date as of which the adjusted assessed value and the original assessed value of the property in the TIF District designated by Kent County will be determined for the purposes of the Kent County Tax Increment Financing Act.AN ACT TO AMEND CHAPTER 54, TITLE 9 OF THE DELAWARE CODE RELATING TO KENT COUNTY TAX INCREMENT FINANCING.
HA 1 to HB 214PassedMulrooneyThis Amendment clarifies the employees that are placed in unit eleven for compensation bargaining purposes. 
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.  
SCR 35PassedLawsonThis resolution honors USO Delaware for their important and inspiring work supporting military members and their families.HONORING USO DELAWARE FOR ITS IMPORTANT AND INSPIRING WORK SUPPORTING MILITARY MEMBERS AND THEIR FAMILIES.
HA 1 to HS 1 for HB 173PassedJaquesThis amendment makes a technical correction. 
HA 1 to HJR 5PassedPotterThis Amendment clarifies the authority and scope of the work of the Delaware Emergency Medical Services Oversight Council.  

Senate Committee Assignments

Committee
Agriculture
Elections & Government Affairs
Transportation

House Committee Assignments

Committee
Administration
Education
Public Safety & Homeland Security
Sunset Committee (Policy Analysis & Government Accountability)
Transportation/Land Use and Infrastructure

Senate Committee Report

Committee
Elections & Government Affairs
Judicial & Community Affairs
Sunset

House Committee Report

Committee
Administration
Health & Human Development
Revenue & Finance

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
SA 1 to HS 1 for HB 85DefeatedHenryThis 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 district where the charter school is located. 

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records