Daily Report for 3/29/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 2 to HB 326PassedK. WilliamsThis Amendment clarifies the meaning of "tuition" for purposes of the Act. 
HA 1 to HB 310PassedM. SmithThis amendment to H.B. 310, which establishes the Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”), specifies that the Delaware Secretary of State’s Certificate of Adoption of Sustainability and Transparency Standards Reporting will attest to a Delaware entity’s or organization’s filing with the Secretary of State of a statement of such entity’s or organization’s standards, and it sets forth a description of the contents of such statement. The amendment also provides that any such entity or organization must acknowledge that it has committed to prepare and make available the report required by the Act to the public without the requirement of the provision of any information. The amendment further specifies that an entity’s or organization’s application for a Certificate must be acknowledged in the manner provided by the Act by a person authorized to act on behalf of such entity or organization as determined in accordance with the Act. The amendment also requires the entity or organization, when submitting a statement to renew its status as a reporting entity or organization under the Act, to acknowledge that any changes to its standards, assessment measures or reporting period (including a description of the process by which the changes were identified, developed and approved and the third-party criteria used to develop any changes to the standards) are available on a website, at no cost and without the requirement of the provision of any information, and will remain available as long as the entity or organization continues to be a reporting entity under the Act. 
SA 2 to HS 1 for HB 330PWBDelcolloThis Amendment adds additional categories of military personal that would be able to purchase firearms if over the age of 18 and otherwise qualify. 
SA 3 to HS 1 for HB 330PWBPettyjohnThis Amendment adds a a person over the age of 18 and is the Petitioner to a Protection From Abuse Order that has been ordered by the Family Court of this state to the exemptions. 
SA 4 to HS 1 for HB 330PWBDelcolloThis Amendment allows .22 caliber weapon and .22 caliber ammunition to be purchased by persons under the age of 21.  
SA 5 to HS 1 for HB 330PWBDelcolloThis Amendment creates an exemption for pistol caliber carbines and the ammunition associated with pistol caliber carbines.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 153 w/ SA 2SignedHansenThis Act creates the Delaware Native Species Commission ("Commission"), which is one of the recommendations of the Statewide Ecological Extinction Task Force, created by Senate Concurrent Resolution No. 20 of the 149th General Assembly. The Commission will terminate 10 years from enactment unless extended by the General Assembly.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.
SB 155CommitteeWalshThis Act prohibits a flagger from using headphones or electronic communication devices while engaged in traffic control in a work zone. This Act permits a flagger to use an electronic communication device approved by the Department of Transportation. This Act makes a violation of this prohibition a civil traffic offense that is not entered on an individual’s motor vehicle record.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ROAD CONSTRUCTION FLAGGERS.
HS 1 for HB 287 w/ HA 1SignedK. WilliamsThis Substitute Bill makes the following changes to House Bill No. 287: 1. It changes the name of the new diploma to a "Diploma of Alternate Achievement Standards" instead of a "Diploma of Modified Performance Standards." 2. It adds a requirement that a student must be eligible to take a statewide alternate assessment to receive the new diploma. 3. The Act takes effect in the academic year after enactment.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STATE HIGH SCHOOL DIPLOMA REQUIREMENTS.
HCR 71PassedCarsonThis resolution recognizes March 29, 2018 as “National Vietnam Veterans Day”, a day to honor and show gratitude to all service members, especially the Vietnam-era service members who risk their lives protecting our great Nation.RECOGNIZING MARCH 29, 2018 AS “NATIONAL VIETNAM VETERANS DAY”.
SA 2 to SB 153PassedHansenThis Amendment clarifies that a member of the Commission may be removed if the member misses 3 successive meetings without just cause and that the Governor accepts the resignation of appointed Commission members who fail to attend 3 successive meetings. This Amendment also creates a Vice Chair of the Commission.  
HCR 69PassedLonghurstThis concurrent resolution proclaims the month of April, as “Nonprofit Impact Month” to affirm the importance of organizations in the nonprofit sector and the impact of their work for every citizen in our State, to celebrate the accomplishments of the past year, and to acknowledge our ongoing responsibility to support a robust social impact sector for citizens, communities, and economic development across the State.DESIGNATING APRIL AS NONPROFIT IMPACT MONTH IN THE STATE OF DELAWARE.
HCR 72PassedBoldenThis Concurrent Resolution recognizes April 10, 2018, as "Equal Pay Day".DESIGNATING APRIL 10, 2018 AS "EQUAL PAY DAY" IN THE STATE OF DELAWARE.
SS 1 for SB 85 w/ HA 1SignedHenryThis Act draws attention to the types of discipline used in schools by capturing data about out-of-school suspensions and publishing that data, in an effort to help schools identify areas where the data regarding out-of-school suspensions indicates there is room to reduce such suspensions. This Act is meant to increase transparency, improve overall school climate, resulting in improved student outcomes. The collection and publication of this data will also help the Department of Education and community partners identify opportunities to provide greater supports to schools, students, and their families. According to data provided by the Delaware Department of Education (“DOE”), thousands of Delaware students receive out-of-school suspensions each year for minor infractions, such as being unprepared or late for class, dress code violations, and disrespectful behavior. In 2013, only 2% of out-of-school suspensions were for serious offenses such as weapons, drugs, or serious violence. Out-of-school suspensions do not address the root causes for the misbehavior, and only serve to put the students further behind in class. Furthermore, DOE data shows that, in 2013, African-American students made up only 32% of the student body, but accounted for 62% of out-of-school suspension, and students with disabilities made up 13% of the student body, but accounted for 24% of out-of-school suspensions. Federal discipline guidance, developed jointly by the U.S. Departments of Education and Justice, instructs schools to commit to regular evaluation of school discipline policies and practices, and monitor progress toward the schools’ climate and discipline goals. The federal process requires schools to collect and publicly report disaggregated student discipline data and solicit feedback from students, staff, families, and community representatives. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. This Substitute Bill makes the following changes to Senate Bill No. 85: 1. References the existing definition of "disruptive behavior" in Title 14. 2. Includes "disability" as a category for data collection. 3. Extends by 1 year the years stated in the requirements to retain the same time frames. This is necessary because this Act will be enacted in 2018, not 2017 when it was drafted. 4. Clarifies what information is required for reports and provides deadlines for the required plans and reports. 5. Clarifies that schools must develop plans and strategies with stakeholder input. 6. Clarifies content for professional development. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE LAWFUL AUTHORITY OF TEACHERS OVER PUPILS.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 31 w/ SA 1SignedSimpsonThis bill allows a hunter to use a handgun in lieu of a shotgun on farms permitted by DNREC through their Deer depredation programs to reduce agricultural crop damage.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO A CERTAIN USE OF A HANDGUN.
SS 1 for SB 143SignedTownsendThis Bill amends the membership of the Behavioral Health Consortium to include two members of both the House and Senate, a member from the Ability Network of Delaware, and the Mental Health Association in Delaware. The Bill also extends the date the first report is due from March 1, 2018 to April 16, 2018. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF THE BEHAVIORAL HEALTH CONSORTIUM.
SB 158SignedMcBrideThis Act allows a person to land food fish in Delaware that was caught using equipment or a method illegal in Delaware waters if the food fish was caught in the fishery conservation zone, the person has the necessary State and federal permits, the amount of the food fish is in compliance with an established State quota, and the equipment or method is legal the fishery conservation zone. This change is necessary so that a person who needs to fish in the fishery conservation zone to reach an established State quota of fish can safely and efficiently land the fish in Delaware. 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 TYPES OF FISHING EQUIPMENT AND METHODS USED FOR FISHING FOR FOOD FISH.
HB 339SignedJ. JohnsonThis bill allows children under the age of 18 to be transferred to the Department of Corrections only after adjudication and an imposition of a sentence of incarceration. Currently, Delaware permits juveniles charged with adult offenses to be held in default of bail in the custody of the Department of Corrections. The trend nationwide is to hold juveniles charged with adult offenses in juvenile facilities pretrial as these facilities provide educational and rehabilitative programs.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.
HB 349SignedKeeleyThis Act creates a Delaware Commission on Irish Heritage and Culture.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMISSION ON IRISH HERITAGE AND CULTURE.
HS 1 for HB 49SignedJaquesThis Act requires all new school construction and schools undergoing major renovations to incorporate the following safety features: a secured vestibule to be used as the primary entrance to screen visitors, installation of ballistic resistant glass or other ballistic resistant materials in all areas used to screen visitors, installation of a panic button or intruder alert system, and classroom doors that can be locked on the outside with a key or magnetic card locking system. Further, the Act provides that the Office of Management and Budget Facilities Management Section shall coordinate a review of construction plans with the Department of Homeland Security to verify compliance with this Act and evaluate the security and safety of new schools and schools planning major renovations. This Act shall be known as the “Representative Joseph E. Miro School Safety Act.” This bill is a substitute for and differs from House Bill 49 by using industry standard terms, requiring the installation of a panic button or intruder alert system, requiring that the Department of Education and Comprehensive School Safety Program annually provide best practices for ballistic and alarm capabilities to school districts and Facilities Management, and ensuring compliance with fire prevention regulations. AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY.
HB 399 w/ HA 1 + SA 4PassedLonghurstThis is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights amendment, women's rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.
HA 1 to HB 399PassedLonghurstThis amendment makes it clear that equality of rights shall not be denied or abridged in this State on account of sex. 

Senate Committee Assignments

Committee
Banking, Business & Insurance

House Committee Assignments

Committee
Education
Health & Human Development
Judiciary
Labor

Senate Committee Report

Committee
Banking, Business & Insurance

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