Daily Report for 7/18/2017

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 1SignedMcBrideIn every December in the years 2010 through 2015, the Code Revisors provided the General Assembly with a list of potential technical corrections they identified as they revised the Delaware Code to reflect legislation enacted that year. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. After reviewing the 148 items provided for the years 2010 through 2015, the following changes included in this Act are identified as technical in nature and in need of correction. Of the other 99 items, many had already been corrected, some statutes no longer existed or were subsequently amended so that the correction is no longer necessary, and some would be substantive changes. Each technical correction made by this Act is explained below: Section 1: HB 156 of the 148th General Assembly revised § 709 of Title 4. Section 709(d) now establishes rules for Sunday sales but does not list holidays. Holidays are now covered in § 709(c) of Title 4. This Act revises § 554 of Title 4 to codify current practice by listing the days that are covered by this rule. Section 2: SB 234 of the 145th General Assembly established the Recycling Public Advisory Council. This change corrects a drafting error in the language regarding the members representing the beverage industry. Section 3: HB 368 of the 147th General Assembly revised § 7402A of Title 7, adding language from federal law that does not follow the Delaware drafting style. The Code Revisors identified that the references to “paragraph c” were not clear because there are many paragraphs of § 7402A that are identified with the letter c. This Section clearly identifies which "paragraph c" is intended and corrects a typographical mistake and an additional instance where a paragraph reference is unclear. Section 4: SB 99 of the 147th General Assembly made changes to § 1009 of Title 10, eliminating paragraph (b)(3)a. The language that was in that paragraph is in § 351 of Title 31. Therefore, the reference is changed to refer to § 351 of Title 31 both times the repealed section appears in § 901 of Title 10. Section 5: SB 174, as amended by SA 1 and HA 2, of the 146th General Assembly amended § 4319 of Title 10 but failed to put “or” after the semicolon at the end of § 4319(d)(3). The word “or” is appropriate instead of “and” because all four of these conditions cannot be met at the same time. This Section makes the needed change. Section 6: HB 107, as amended by SA 1, of the 141st General Assembly intended to exclude child support obligations from the garnishment exemption for College and Able Act Savings plans. The citation was erroneously placed in § 4916 of Title 10 so that child support is exempted from garnishment rather than still available for garnishment. This Section corrects that error. Section 7: HB 427 of the 145th General Assembly amended Subchapter V, Chapter 5 of Title 7 to remove the word “experimental” throughout. Title 10 references Subchapter V, Chapter 5 of Title 7 so the word “experimental” should be removed in Title 10. This Section makes that change. Section 8: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The exact language from what had been § 5127 of Title 16 was placed in the new § 5019(a) of Title 16. The reference to § 5127 of Title 16 was not updated in § 406 of Title 11 by HB 346. This Section makes that change. Section 9: SB 234 of the 144th General Assembly revised § 1102 of Title 11. Existing drafting errors in the provision were identified by the Code Revisors when the Code was being revised pursuant to SB 234. This Section makes the needed changes. Section 10: SB 174 of the 147th General Assembly revised the definition of contraband in § 1258 of Title 11 using incorrect punctuation. This Section corrects the punctuation to increase clarity. In addition, the Department of Correction is being added. This correction is consistent with HB 47 of the 148th General Assembly which corrected instances where the Department of Correction was still referred to as the State Board of Correction or the Department of Health and Social Services, where it used to be located. Section 11: HB 260 of the 147th General Assembly revised § 1335 of Title 11 and in combining the exemptions for legal and medical procedures used the word “and” when “or” is the correct grammatical choice. This Section corrects that error. Section 12: HB 427 of the 145th General Assembly added “combative sports” to the activities regulated by Title 28 and said all violations of Title 28 are subject to prosecution under Title 11. The term “combative sports” was not added to the section of Title 11 covering these specific offenses. This Section makes the needed changes. Section 13: HB 427 of the 145th General Assembly added “combative sports” to the activities regulated by Title 28 and said all violations of Title 28 are subject to prosecution under Title 11. The term “combative sports” was not added to the section of Title 11 covering these specific offenses. This Section makes the needed changes. Section 14: SB 45 of the 148th General Assembly amended the state implementation of the federal Law Enforcement Officers Safety Act of 2004 to mirror federal law. Prior to SB 45, § 1441A of Title 11 used the term “qualified active duty law-enforcement officer” and also covered retired law-enforcement officers. SB 45 removed the words “active duty” from § 1441A of Title 11 consistent with federal law and created a new § 1441B in Title 11 to cover retired law-enforcement officers. The changes to § 1441A of Title 11 were not updated in § 1448B of Title 11. This Section makes the needed changes. Section 15: SB 197 of the 147th General Assembly revised Delaware’s Human Trafficking crimes. It revised § 787 of Title 11 so that (b)(2) is the crime of forced labor and (b)(3) and (b)(4) refer to sex crimes. The reference in § 4121(a)(4), community notification of sex offenders, was changed from §787(b)(2) to §787(b)(3)-(4), but the same reference was not revised in § 4123(c) of Title 11 which addresses sentencing for a juvenile adjudicated delinquent of a sex offense. This Section makes the needed changes. Section 16: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. Section 5136 of Title 16 was repealed and the facilities referenced in the repealed § 5136 are now included in § 5001 by HB 346. This Section makes the needed changes. Section 17: SB 144 of the 148th General Assembly revised Delaware law regarding background checks for child-serving entities. The references in § 511 of Title 14 were not updated to reflect the new sections. This Section makes the needed changes. Section 18: HB 245 of the 145th General Assembly and HB 302 of the 147th General Assembly made changes to Title 15 of the Delaware Code relating to elections. Subchapter IV, Chapter 10 of Title 14 references the job titles used in Title 15 but Title 14 still uses the job titles in place prior to both bills. Title 15 is clear that all references to job titles that appear in any other act of law, to the extent they are consistent with a function transferred by this chapter to the Department, shall be construed as referring or relating to such person or persons and their powers, duties, and functions as established and created by Chapter 2 of Title 15. This Section makes the needed changes. Section 19: HB 1 of the 146th General Assembly deleted what was at the time paragraph (a)(1) of this section but did not delete the reference in (d)(6) so the Code Revisors inserted an explanation. The old language and explanation should be stricken. This Section makes the needed changes. Section 20: SB 20 of the 147th General Assembly created a prison education unit. The correct reference to the Department of Correction training program is § 2405 of Title 14. Section 2402 states that employees for the prison Education Program shall have the same qualifications as employees in public high schools and does not reference any Department of Correction training program. This Section makes the needed changes. Section 21: HB 384 of the 144th General Assembly revised the Universal Newborn and Infant Hearing Screening, Tracking, and Intervention program. An existing drafting error in the statute was identified when the Code was being revised pursuant to HB 384. The error is that the language of § 804A(a)(3)e and § 804A(a)(4) of Title 16 are substantially similar without any legal reason for the duplication. This Section removes § 804A(a)(3)e of Title 16. Section 22: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. In section 5003 of Title 16, the word “licensed” was omitted from paragraph (a) of subsection (3). This Section corrects that error. Section 23: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The Code Revisors identified that the citation to § 5127 of Title 16 is no longer correct. Researching that correction identified that § 5121 of Title 16 was also updated and moved to § 5003 of Title 16. Thus, § 5121 of Title 16 should be stricken. This Section makes the needed change. Section 24: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The Code Revisors identified that the citation to § 5127 of Title 16 is no longer correct. Researching that correction identified that pursuant to HB 311 in the 146th General Assembly, § 5121A of Title 16 states that it is only in effect until July 1, 2013. Thus, § 5121A of Title 16 should be stricken. This Section makes the needed change. Section 25: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The Code Revisors identified that the citation to § 5127 of Title 16 is no longer correct. Researching that correction identified that § 5123 of Title 16 was updated and moved to § 5003 of Title 16 so to correct the mistake, § 5123 of Title 16 should be stricken. This Section makes the needed change. Section 26: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The exact language from what had been § 5127 of Title 16 was placed in the new § 5019(a) of Title 16. The reference to § 5127 of Title 16 was not updated in § 5154 of Title 16. This Section corrects that error. Section 27: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. Section 5135 of Title 16 was repealed and that language was included in the new § 5025(a) of Title 16. Also, the exact language from what had been § 5127 of Title 16 was placed in the new § 5019(a) of Title 16. The reference to § 5127 of Title 16 was not updated in § 5161 of Title 16. This Section corrects that error. Section 28: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. Section 5131 of Title 16 was repealed and that type of treatment is covered under Chapter 50. Section 5174(2) of Title 16 contains a reference to § 5123 of Title 16 which was updated by the same Act and moved to § 5003 of Title 16. This Section makes the needed changes. Section 29: HB 373 of the 147th General Assembly revised the process by which a health care payment system is published and eliminated (14) of § 2322B of Title 19. The correct reference should now be § 2322 of Title 19. This Section makes the needed change. Section 30: HB 162 of the 147th General Assembly added §§ 3571 and 3610 to Title 18 and both reference § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act. There is no § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act so this reference is being changed § 1311(d)(2)(B)(ii) of the Patient Protection and Affordable Care as originally intended. This Section makes the needed change. Section 31: HB 162 of the 147th General Assembly added §§ 3571 and 3610 to Title 18 and both reference § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act. There is no § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act so this reference is being changed to § 1311(d)(2)(B)(ii) of the Patient Protection and Affordable Care as originally intended. This Section makes the needed change. Section 32: As part of revising Title 18, the Code Revisors reversed the order of subsections (a) and (b) so as to maintain alphabetical order of the terms. Prior to this reversal, the term “Department” in Chapter 40 of Title 18 was modified by the phrase, “for the purposes of this chapter,” defining it for this Chapter as the Department of Health & Social Services. Reversing the order of the subsections changed “Department” to its definition in Chapter 1 of Title 18 as meaning the “Insurance Department.” This Section corrects that error and makes additional technical corrections to conform to the Delaware Legislative Drafting Manual. Section 33: HB 175 of the 147th General Assembly Synopsis created a new section § 2379(f)(4) of Title 19. There is a typographical error so that the statute reads “whether the employer has complied with its obligations under § 2322E(d) of this title to provide a list of possible b [sic] assignments for injured workers.” The letter “b” is an error. The synopsis for HB 175 states that this section “requires that companies be compliant with their ‘back to work’ responsibilities for injured employees before being eligible for the credit.” Section 2379(f)(4) references § 2322E(d) of Title 19 which requires employers to provide a report of “modified-duty jobs.” Instead of “b”, the statute should reference “modified-duty jobs.” This Section makes the needed change. Section 34: HB 99 of the 146th General Assembly referenced “§ 4704(c)(1)(2)”. There is no such section. Section 4704 has a (c)(1) and a (c)(2). The Code Revisors assumed the word “or” was intended and placed it in the provision in brackets. This Section removes the brackets. Section 35: HB 416 of the 147th General Assembly corrected insensitive language regarding persons with disabilities. The Bill erroneously changed this term in a manner that it is incorrect. This Section corrects that error. Section 36: SB 200 of the 145th General Assembly created a new subsection (c) in § 4502 of Title 21. A sentence in paragraph (c)(9) needs the word “that” to be grammatically correct. This Section makes the needed change. Section 37: SB 189 of the 147th General Assembly eliminated the “limited” license and created the “academic” license but did not use definition language when adding the new term to the statute. This Section makes the needed change. Section 38: Subchapter VI of Chapter 11 of Title 24 was created by HB 392 of the 144th General Assembly. It contains a sunset provision stating that the Act will expire 2 years from date of enactment, if not re-enacted. The Act was not re-enacted. Section 1106(a)(13) of Title 24 gives the State Board of Dentistry and Dental Hygiene the authority to issue a volunteer license. This Section makes the needed change. Section 39: HB 359 of the 147th General Assembly revised the definition of the practice of physical therapy and in referencing the prior practice rules used the word “and” instead of “or” which was the language in the prior statute. This Section makes the needed change. Section 40: HB 357 of the 146th General Assembly amended § 5304 of Title 24 and referred to documents instead of the people holding the documents in § 5304(c). The regulations implementing this section refer to certificate holders and licensees and this change makes the provision consistent with the regulations and grammatically correct. This Section makes the needed change. Section 41: Chapter 81 of Title 25 was created by SB 273 of the 144th General Assembly and contains a reference to § 81-303(h) which has never existed. The correct reference should be to § 81-303(f). This Section makes the needed change. Section 42: HB 427 of the 145th General Assembly replaced the word “boxing” with “combative sports” in the title to Chapter 1 of Title 28 but did not replace it in § 929(2) of Title 28. Chapter 1 regulates combative sports so section 929(d) exclude events regulated by Chapter 1 from the catchall regulations for events not otherwise regulated. Since Chapter 1 covers all combative sports, not just boxing, § 929(2) of Title 28 should have been changed by HB 427. This Section makes the needed change. Section 43: SS1 for SB 28 of the 147th General Assembly allows a per diem employee of the General Assembly who receives a service pension to be exempt from the earnings limit while working for the General Assembly. In revising the statute, the Code Revisors noted punctuation errors. This Section makes the needed change. Section 44: SB 150 of the 147th General Assembly made changes to § 8059 of Title 29, which included repealing § 8059(e)(8). The reference to the repealed section remained in the revised § 8059(d)(3) and should be stricken because there is no such section. This Section makes the needed change. Section 45: HB 427 of the 145th General Assembly amended Chapter 1 of Title 28 by replacing the language “boxing, mixed martial arts” with “combative sports”. Included in this change was § 103 which directs the Division of Professional Regulation to promulgate and enforce rules and regulations relating to the regulation of combative sports and combative sports entertainment. Section 8735 of Title 29 also gives the Division of Professional Regulation this authority but it was not amended by HB 427. Adding “combative sports” to § 8735 of Title 29 of makes the sections consistent. This Section makes the needed change. Section 46: SB 140 of the 148th General Assembly amended § 6502 of Title 30 so that paragraph (b)(4) refers to "paragraphs a. and b." of the section. Section 6502 has "paragraphs a. and b." in sections (1), (2), and (3), making the reference in paragraph (b)(4) unclear. Because paragraph (b)(4) refers to "paragraphs a. and b." in all 3 of the sections, this Section makes the needed change by striking the language about "paragraphs a. and b.". Section 47: HB 205 of the 148th General Assembly revised Subchapter II of Chapter 27 of Title 16 and repealed the model form that was contained in § 2719. Section 2713 of Title 16 sets forth the manner of executing anatomical gifts, including an indication on a person’s driver’s license and is the correct reference. This Section changes the reference to § 2713 of Title 16. Section 48: SB 66 of the 148th General Assembly created The Delaware Neighborhood Conservation and Land Banking Act. Language requiring bidding information to be posted on a website was included in one amendment, but not included in the amendment that ultimately passed, however, this reference to bidding information remained. This Section makes the necessary change.AN ACT TO AMEND TITLE 4, TITLE 7, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 18, TITLE 19, TITLE 21, TITLE 24, TITLE 25, TITLE 28, TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HB 76SignedKeeleyThis Act extends the Office of Foreclosure Prevention and Automatic Residential Foreclosure Mediation Program an additional two years, from January 18, 2018 until January 18, 2020. The Office of Foreclosure Prevention and the Automatic Residential Foreclosure Mediation Program were originally scheduled to sunset on January 18, 2014, two years after their enactment. The sunset date was extended to January 18, 2018 (six years) in 2013 via 79 Del. Laws c. 27 (House Bill No. 40, as amended by Senate Amendment No. 1, 147th General Assembly).AN ACT TO AMEND CHAPTERS 198 AND 200, VOLUME 78 OF THE LAWS OF DELAWARE RELATING TO FORECLOSURES.
HB 93 w/ HA 1SignedMitchellThis Act provides clearer language concerning security alarm business license and identification requirements for both businesses and individuals; gives vendors a clearer understanding of prohibited acts, discipline and penalties; and grants the Professional Licensing Section the ability to promulgate regulations, conduct inspections and additional powers needed to oversee this chapter.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO SECURITY ALARM BUSINESSES AND SECURITY ALARM SYSTEMS.
HB 98 w/ HA 1SignedJaquesThis Act establishes the ability to grant a waiver for participation in interscholastic sports when a child exercises the right for choice from one school to another school of choice provided the standards for the waiver are met. In addition, this Act takes into consideration a new charter school or newly added grades to a charter school.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
SB 45SignedTownsendThis Bill adds 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700) to Schedule I of the Uniform Controlled Substances Act. U-47700, also known as “Pink,” is a synthetic opioid recently encountered by law enforcement and public health officials and is being abused for its opioid properties. It is available over the Internet and is marketed as a “research chemical.” The safety risks to users are significant and the public health risks include large numbers of drug treatment admissions, emergency room visits and fatal overdoses. On November 14, 2016, the Federal Drug Enforcement Agency temporarily placed U-47700 in Schedule I for a two-year period, finding that this synthetic opioid has a high potential for abuse, no currently accepted medical use in treatment in the United States and lacks accepted safety for use under medical supervision. By Emergency Order dated December 15, 2016, the Secretary of State temporarily placed U-47700 in Schedule I. This Order is effective for 120 days. The permanent addition of U-47700 to Schedule I is required in the interest of public protection.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
HB 99 w/ HA 1SignedK. WilliamsThis bill would require that a resident 65 years of age or older claiming a tax credit against school taxes must be a resident of the state for at least 10 years before qualifying for such credit. The current requirement is only for 3-year residency. This bill makes a conforming change in the Code provision governing reimbursements from the General Fund. It also eliminates language related to 2001 taxes, which is no longer relevant. This change will be effective for tax and fiscal years after January 1, 2017. Those residents who would have become eligible over the last three years under the prior version of the statute will remain eligible.AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATION OF SCHOOL PROPERTY TAX CREDITS.
HB 121 w/ HA 1, HA 1 to HA 1, HA 2SignedSmykThis bill makes the following amendments to the Charter of the Town of Milton: 1) Removal of an outdated metes and bounds description, in recognition of the current Town Map and recordation of any changes to the Town boundaries; 2) Use of a Special Review Committee for annexation petitions, with that committee having a member of the Planning & Zoning Commission and two Councilmembers, rather than three Councilmembers; 3) Uniformity in use of the term “Mayor and Town Council”; 4) Uniformity in reflecting administrative authority resting with the Town Manager or designee, and thus removal of vestiges from when the Town Clerk was the highest administrator; 5) Change of newspaper notice provisions from three newspapers to one newspaper plus publication on the Town website; 6) An update of the Town’s election procedures to reflect the State Constitution and the Delaware Code, including the Election Officers’ duties and a reduction of the residency requirement from 60 days to 30 days before the election; 7) Inclusion of a procedure to update the Town’s voter rolls; 8) Revision to the terms used for multiple Council meetings to avoid confusion with FOIA; 9) An adjustment to the Mayor’s and Councilmembers’ compensation per meeting; 10) Inclusion of authority for the Town to solicit letter quotations from at least three qualified responsible providers for materials or services between $5,000 and $20,000, when full competitive bidding is not often cost-effective; 11) Express adoption of the Code of Conduct in the Delaware Code; 12) Express adoption of FIOA’s definition for “public records” for inspection; 13) Removal of the alternative title of “Town Administrator” for the Town Manager; 14) Discretion in whether the Mayor and Council hire a Town Clerk, as opposed to the requirement of hiring a Town Manager; 15) Revisions to the management of the Police Department, including expressly providing that: a) the Mayor and Council establish the Department’s duties, which the Police Chief then directs; b) that direction to members of the Department be given through the Police Chief; c) that the Chief reports to the Town Manager for financial duties; d) that the Department shall preserve peace and order in Town limits and within one mile thereof; and e) that the Department need not take a person arrested to SCI, since other facilities, such as the Stevenson House for juveniles, may be the proper facilities; 16) Removal of the requirement that a costly full Town assessment be performed every ten years, and instead, that the Mayor and Council review the Town Assessor’s report each year; 17) Removal of the authority to tax vacant commercial structures in the Town Center District; 18) Reduction of the interest on delinquent property taxes from 2% per month to the legal rate in 6 Del. C. Section 2301; 19) Removal of the Town Manager’s liability on his or her bond for failure to account for uncollected taxes unless there is a showing of pursuing all remedies unsuccessfully; 20) Reduction of the redemption period following a tax sale from one year to 90 days, which is more comparable to the counties’ 60-day period; 21) Adjustment in the authority to establish fines, increasing the maximum to $2,500, except that fines for violations relating to historic preservation may exceed that amount; 22) Reduction of the maximum indebtedness of the Town for bonds and securities from 25% to 5% of the total assessments in Town; and 23) Expansion of the eligibility to vote in a special referendum regarding bond issuance to include resident non-property owners.AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON.
SB 63 w/ SA 1SignedWalshSection 1 of this Act updates the Delaware Code relating to the Board of Nursing (“Board”) by eliminating conflicting definitions of an “advanced practice registered nurse” in the Code, correcting inaccurate cross-references, and eliminating references to the Joint Practice Committee, a now defunct body, and replacing such references with the newly enacted Advanced Practice Registered Nurse Committee. Section 2 of this Act corrects the Delaware Code to use the correct defined term, “advanced practice registered nurse” rather than “advanced practice nurse,” which is deleted by Section 1 of this Act. Section 3 of this Act adds passage of the national examination to the qualifications for licensure as a registered nurse currently listed in § 1910, Title 24. Section 4 of this Act eliminates reference to the national examination for registered nurses in § 1911, Title 24. The change made by Sections 3 and 4 of this Act ensures that all of the qualifications in § 1910, Title 24, including passage of the examination, are required to be a registered nurse. Section 5 of this Act makes a technical correction to make it clear that “state” and “territory” as referenced in § 1912, Title 24 means a state or territory of the United States. Additional changes of this type are made in Sections 8 and 12 of this Act. Section 6 of this Act adds passage of the national examination to the qualifications for licensure as a licensed practical nurse currently listed in § 1914, Title 24. Section 7 of this Act eliminates reference to the national examination for licensed practical nurses in § 1915, Title 24. The change made by Sections 6 and 7 of this Act ensures that all of the qualifications in § 1914, including passage of the examination, are required to be a licensed practical nurse. Section 8 of this Act corrects the reciprocity provision for licensed practical nurses who obtain licensure in another jurisdiction on or after July 1, 1983, so that the licensed practical nurse provision is consistent with the registered nurse provision in § 1912, Title 24. Section 9 of Act clarifies what an advanced practice registered nurse who has been out of active clinical practice for at least 2 years must complete in order to renew a license. In addition, this Section adds a provision that specifically allows nursing licensees to apply for inactive status. Section 10 of this Act adds a provision authorizing the Board to impose a monetary penalty upon a licensee guilty of any offense described in § 1922, Title 24. Section 11 of this Act eliminates redundant purposes of the Advanced Practice Registered Nurse Committee. Section 12 of this Act adds a provision that enables an advanced practice registered nurse applicant to apply by endorsement. Section 13 of this Act clarifies that only advanced practice registered nurses with at least 2 years and 4,000 hours of experience who seek to obtain independent practice are required to maintain a collaborative agreement. Each Section of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF NURSING.
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 158 w/ HA 1, HA 2SignedKeeleyThis bill creates a new type of liquor license for beer gardens. Beer gardens are outdoor venues that operate at least 5 months, of each year and are independent of any other licensed establishment. The licensing and operation of beer gardens provides new business creation opportunities and a chance to enhance retail areas in Delaware. However, the General Assembly is also mindful of concerns that by creating a license for outdoor space, existing businesses could be affected. For this reason, the definition of a beer garden includes stringent requirements that will limit the number of establishments that could be eligible for a license issued pursuant to this Act. The biennial fee for a beer garden license is set at $2,000.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
HB 199SignedMitchellThe Board of Pension Trustees has established policies and practices for the administration of the Delaware Public Employees Retirement System. Based on the recommendations of the Board’s Best Practices review, this Act will codify some of these policies and practices. The Act also indemnifies committee members and clarifies the frequency of Board meetings and authorized methods of communication for obtaining quorum and voting.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BOARD OF PENSION TRUSTEES.
SB 103SignedMcDowellThis Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware. This Act was developed through the Title V Operating Permit Program Advisory Committee. The existing statutory authorization for the fees sunsets December 31, 2017. The fees are based on the number of staff hours spent on permitting, compliance, and enforcement for each facility and the facility’s air emissions. This Act authorizes the Department of Natural Resources and Environmental Control to collect annual fees for calendar years 2018 through 2020 at which point the authority sunsets. This Act also removes previous language and requirements to complete a Title V Operating Permit Program Management Review. The program management review was completed and a final report was issued in April 2017. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.
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.
HB 4 w/ HA 1SignedLonghurstThis legislation amends the Delaware Code to establish the Department of Human Resources by transferring various divisions and other organizational units from the Office of Management and Budget to the newly established Department of Human Resources. The powers and duties of the Director of the Office of Management and Budget and the Secretary of the Department of Human Resources are aligned to reflect the transfers of the divisions and other organizational units of the newly established Department of Human Resources. Various sections of the Delaware Code are amended to reflect changes in titles and nomenclature. This bill also establishes Office of Women's Advancement and Advocacy. This bill sets forth that the Office of Women's Advancement and Advocacy will be a unit of the Department of Human Resources. The purpose of this Office is to promote the equality of women in all areas of society. Functions of the Office include fostering and facilitating collaborations between all facets of government and private businesses to eliminate gender-based bias and discriminatory practices, study and report on the status of women in the State, compile and analyze statistics, advise executive and legislative bodies on the effect of proposed legislation, make specific legislative proposals and submit a report to the Governor, Secretary of the Department of Human Resources and the General Assembly at the beginning of every General Assembly of the Office’s activities and recommendations. The bill establishes that the governing body of the Office is the Commission for Women comprised of 9 members. This bill provides that the Office of Women’s Advancement and Advocacy oversees the Delaware Women’s Hall of Fame Committee and the Delaware Women’s Workforce Council. The Delaware Women’s Hall of Fame Committee shall have 7 members and the Delaware Women’s Workforce Council shall be comprised of 11 members. Delaware Women’s Workforce Council shall conduct a study of gender-based inequities in workplaces in Delaware, recommend policies to remove gender-based inequities in the workplace, and develop and publish best practices for employers to achieve gender equality.AN ACT TO AMEND TITLES 14, 15, 18, 19, 29 AND 31 OF THE DELAWARE CODE TO PROVIDE FOR THE REORGANIZATION OF STATE GOVERNMENT BY CREATING THE DEPARTMENT OF HUMAN RESOURCES; TRANSFERRING SELECTED DIVISIONS AND OTHER ORGANIZATIONAL UNITS FROM THE OFFICE OF MANAGEMENT AND BUDGET AND DEPARTMENT OF STATE TO THE DEPARTMENT OF HUMAN RESOURCES; AMENDING REFERENCES TO SUPERSEDED AGENCIES OR OFFICERS; ALIGNING THE DUTIES OF THE SECRETARY OF HUMAN RESOURCES, THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, AND THE SECRETARY OF STATE; AND TO PROVIDE FOR THE REORGANIZATION OF THE OFFICE OF THE COMMISSION ON WOMEN BY CREATING THE OFFICE OF WOMEN’S ADVANCEMENT AND ADVOCACY WITHIN THE DEPARTMENT OF HUMAN RESOURCES.
SB 4SignedMcBrideIn January 2017, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 148th General Assembly in 2016. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. Section 1. HB 227 revised the Farm Wineries law to permit Farm Wineries to make and sell mead and cider in addition to wine to align with federal rules. As written, Farm Wineries would need to manufacture wine, mead, and cider to meet the definition of a Farm Winery. This Section changes the language to allow Farm Wineries to make wine, mead, or cider as intended by HB 227. Section 2. When reviewing the error identified by the Superior Court in § 4798(t) of Title 16 a technical error was found subsection (r) of this section. Under § 304 of Title 1, words in the singular number include the plural. This corrects that error. Section 3. The Superior Court discovered an error in the subject and verb agreement of § 4798(t) of Title 16. In reviewing this error, an additional technical error was identified. Under § 304 of Title 1, words in the singular number include the plural. This corrects that error. Section 4. This issue was discovered by the Code Revisors without relation to current legislation. There are 5 paragraphs after § 2304(28) of Title 18 that actually apply to §§ 2304(24) and (25). Section 2304(24) prohibits “discriminatory practices against victims of abuse regarding life and health insurance” and was added by SB 128 in 1995 and contained those 5 paragraphs. Section 2304(25) prohibits “discriminatory practices against victims of abuse regarding home owner’s and private passenger motor vehicle insurance” and was added by SB 433 in 1995. The 1998 and 1999 printed volumes of the Delaware Code had the 5 paragraphs after (25) because both (24) and (25) apply to issuing insurance to victims of abuse and these 5 paragraphs apply to issuing insurance to victims of abuse. Subsequently, in 2005, HS1 for HB 90 added § 2304(26) relating to regulatory inquiries; in 2007, SS1 for SB 31 added § 2304(27) relating to credit scoring; and in 2008 SB 239 added § 2304(28) relating to volunteer firefighters. These 3 subsections, (26), (27), and (28) were added in error above those 5 paragraphs. This Section clarifies that the 5 free-standing paragraphs at the end of § 2304 apply to subsections (24) and (25). Section 5. HB 381 amended Chapter 33 of Title 18 by redesignating what had been Chapter 33 as Subchapter I and creating a new Subchapter II. There were references to this "chapter" throughout what is now Subchapter I and the Code Revisors asked if they were correct to leave the term "chapter." In § 3302, the term "chapter" should now be "subchapter." This Section makes the necessary change. Section 6. HB 381 amended Chapter 33 of Title 18 by redesignating what had been Chapter 33 as Subchapter I and creating a new Subchapter II. There were references to this "chapter" throughout what is now Subchapter I and the Code Revisors asked if they were correct to leave the term "chapter." In § 3342(h), "chapter" should now be "section." This Section makes the necessary change. Sections 7 through 9. HB 160 amended Title 19 to allow the Department of Labor to collect over payments due under additional state and federal laws. In the list of those laws in §§ 3325, 3360, and 3384, there is a citation to § 5402 of the Federal Internal Revenue Code (26 U.S.C. § 5402). This is the definition of a brewery. The correct citation is to § 6402 of the Federal Internal Revenue Code (26 U.S.C. § 6402), which allows states to recover unemployment compensation debt, which is consistent with this section. In these 3 Code provisions, there is also a citation to § 303 of the Social Security Act (42 U.S.C. § 303). This is also incorrect and the correct citations are to § 303 of the Social Security Act (42 U.S.C. § 503). This Section makes the necessary changes. Section 10. HB 387 added a reference to “paragraph (a)(4) of this section” in § 1799F of Title 24 but there is no paragraph (a)(4) in § 1799F of Title 24. The correct reference should be to "subsection (a) of this section". This Section makes the necessary change. Section 11. SS 1 for SB 143 updated the definition of the practice of optometry. There is a reference in § 2101(a)(3)c. to “7(b).” There is no 7(b) and the correct reference should be to § 2101(a)(3)a.2. This Section makes the necessary change. Sections 12 & 14. HB 331 changed the name of the Bureau of Child Support Enforcement and the Division of Child Support Enforcement to the Division of Child Support Services. The name of the accounts used by the Division of Child Support Services were not updated to reflect this new name. This Section makes the necessary changes. Section 13. HS 1 for HB 262 adopted the Joint Sunset Committee recommendations to update the Open Space Council. In making this update, § 7506 of Title 7, a vacant statute, now provides the powers and duties of the Open Space Council. Section 8017A of Title 29, regarding the Delaware Council on Greenways and Trails, references § 7506 of Title 7 and that reference had been marked by Code Revisors as “[repealed]”. The reference to the new § 7506 of Title 7 is not relevant so this Act removes that sentence.AN ACT TO AMEND TITLE 4, TITLE 16, TITLE 18, TITLE 19, TITLE, 24, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.

New Legislation Introduced

No Introduced Legislation

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

No House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records