Daily Report for 5/3/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 59PassedLopezThis resolution proclaims May 2018 Cystic Fibrosis Awareness Month in Delaware.PROCLAIMING MAY 2018 CYSTIC FIBROSIS AWARENESS MONTH IN DELAWARE
HA 1 to HB 375PWBMitchellThis Amendment does the following: (1) Redefines the prohibited capacity of large-capacity magazine to be 17 rounds instead of 10 rounds. (2) Permits those individuals who hold a valid concealed deadly weapons license under § 1441 of Title 11 of the Delaware Code to continue to be able to purchase, receive, or possess a large-capacity magazine. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 80 w/ SA 1, SA 2SignedMcDowell This Act replicates and extends to electric and natural gas utilities the same authority that has previously been granted to water utilities. This authority allows for the implementation of an interim rate mechanism already in existence for water utilities in an effort to reduce volatility and the costs to electric and natural gas customers. By way of background, the General Assembly enacted § 314 of Title 26 of the Delaware Code in 2001 to provide an efficient interim rate mechanism to foster investments in needed infrastructure improvements for water utilities, including those mandated by government agencies. With this Act, the same provisions are now extended to public utilities providing electric and/or natural gas services. Doing so will help address concerns with the frequency and volatility of electricity and natural gas distribution rates, as well as the cost to customers of general rate proceedings. The Act requires annual audits and annual reconciliations and empowers Staff for the Public Service Commission and the Delaware Public Advocate to review such expenditures and raise concerns with the Commission should they exist.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.
HB 306 w/ HA 2SignedJ. JohnsonThis bill permits judges to utilize their discretion in determining whether a juvenile charged with possession of a firearm during commission of a felony should be transferred back to Family Court or remain in Superior Court. Prior to 2017, possession of a firearm during the commission of a felony was only one of five criminal charges where judges had no discretion in determining whether a juvenile should be treated as a juvenile or an adult because the statute required a juvenile charged with these offenses to be prosecuted as an adult. House Bill 9, which was enacted last year, provided judges the discretion to determine how a juvenile should be treated for four other offenses. This is a continuation of that effort. The bill simply changes the language from ‘shall’ to ‘may’ to allow judges to weigh the possibility that a juvenile may be better served in Delaware’s Family Court system through the amenability process already enumerated in Title 10 § 1010 and § 1011. This bill also raises the age from 15 to 16. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.
HB 307 w/ HA 1SignedJ. JohnsonUnited States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until his/her mid-twenties which makes juveniles especially prone to making poor choices. In the landmark case of Miller v. Alabama, wherein the United States Supreme Court prohibited mandatory life sentences without parole for juveniles, the Court wrote: “Children are constitutionally different from adults for sentencing purposes.” This proposed legislation would repeal and remove all minimum-mandatory sentencing schemes for juveniles adjudicated delinquent in Family Court because children are different than adults. Family Court judges and commissioners would still be able to impose a commitment to a DSCYF secure placement, but would now have the ability to exercise their judicial discretion to fashion an appropriate sentence for an individual juvenile. AN ACT TO AMEND TITLE 10 AND 11 OF THE DELAWARE CODE RELATING TO JUVENILES.
HB 337SignedK. WilliamsThis Act prohibits marriage of individuals under 18 years of age.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGE OF MINORS.
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.
SB 171SignedHenryIndividuals who are released from prison face many hurdles as they re-enter the community, including difficulty obtaining identification documents. Lacking identification imposes additional hurdles as these individuals attempt to find housing and employment. This Act requires the Department of Correction to provide individuals who are being released from the custody of the Department of Correction ("DOC"), after 6 months of incarceration following conviction, with a Delaware Personal Credential Card ("Personal Credential"). An individual may present the Personal Credential to receive one free certified copy of the individual's birth certificate and one identification card or driver's license, if otherwise eligible to receive those documents. This Act builds on the pilot that has been in place since 2012, when the DOC partnered with the Division of Motor Vehicles and the Department of Health and Social Services to obtain identification for individuals who volunteer to participate in the I-ADAPT re-entry program. Currently, individuals in I-ADAPT receive a Prisoner Re-Entry card, valid for 1 year, that can be used to obtain to obtain a free copy of their birth certificate, if they were born in Delaware, and a free identification card, if otherwise eligible to receive one. AN ACT TO AMEND TITLE 16, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FREE IDENTIFICATION DOCUMENTS FOR INDIVIDUALS BEING RELEASED FROM PRISON.
SB 172 w/ SA 1 + HA 2SignedSokolaThis bill will increase the public transparency of education funding information by directing the Department of Education to: 1. Establish, in collaboration with stakeholders, a statewide approach for districts and charter schools for reporting expenditures at the school level and the school’s share of central office expenditures so that per-pupil expenditure data is consistent and comparable across the State. 2. Report per-pupil expenditure data with key information that provide context on differences in funding such as school type, student demographics, and student outcomes. 3. Provide optional trainings to increase understanding of the data. As a result, this bill is intended to enable all taxpayers, parents, and schools to understand their school spending and resources in order to make data-driven decisions for students. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL FUNDING TRANSPARENCY.
HCR 78PassedMatthewsThis Concurrent Resolution supports the Wait Until Eighth Initiative which promotes awareness regarding risks associatied with smartphone use in young children. RECOGNIZING THAT DELAWARE PARENTS SHOULD WAIT UNTIL THEIR CHILDREN ARE IN EIGHTH GRADE BEFORE PROVIDING THEM SMARTPHONES.
SA 1 to SS 1 for SB 80PassedMcDowellThis amendment clarifies the approval process for DSIC charges, making it clear such charges are subject to the PSC oversight and audit process. In addition, the amendment provides that customers not principally represented by the Delaware Public Advocate will also receive notice of DSIC filings. The amendment also prohibits an electric or gas utility serving over 100,000 customers from otherwise filing an electric distribution rate case until at least January 1, 2020, if the utility utilizes the DSIC mechanism established by this legislation. Finally, the amendment includes an expiration/sunset provision, thus triggering a review by the General Assembly and Governor of the effectiveness of the legislation.  
SA 2 to SS 1 for SB 80PassedMcDowellThis amendment makes a technical correction to ensure there is no double counting of costs through any potential settlement of rate cases and clarifies proposed rate case filings.  
HCR 82PassedWilsonThis resolution recognizes April 30th - May 5th, 2018 as Auctioneer Week in Delaware.RECOGNIZING APRIL 30TH - MAY 5TH, 2018 AS AUCTIONEER WEEK IN DELAWARE.
HCR 83PassedBriggs KingThis concurrent resolution proclaims May 2018 as " Community Action Month" in the State of Delaware.PROCLAIMING MAY 2018 AS "COMMUNITY ACTION MONTH" IN THE STATE OF DELAWARE.
SS 1 for SB 169SignedPooreThis Act makes a technical correction to SB 169 by changing the designations of the new statutes and incorporates Senate Amendment No. 1 to Senate Bill No. 169.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSES AND SEXUAL RELATIONS IN A DETENTION FACILITY.
SA 1 to SB 172PassedSokolaThis Amendment replaces the term "tuition" with "fees for student services" as an excluded expense category. The Amendment also adds Educators and the Delaware State Education Association and the Governor's Advisory Council for Exceptional Citizens as representatives that must be involved in developing the standardized statewide approach.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 53 w/ HA 1, HA 2 + SA 1, SA 2SignedMiroThis bill allows ground-based and hand-held sparklers and certain other nonexplosive, nonairborne novelty items regulated by the federal government to be sold and used in the State. The bill does not legalize firecrackers, bottle rockets, aerials, or any other device that explodes or shoots into the air. The use of those items that may be sold only to persons 18 years of age and older is limited to July 4th and December 31st of each year and sales are limited to the 30 days prior to the allowable use day. This bill allows paper caps used in toy guns contain 16 milligrams or less of pyrotechnic mixture. The sale of sparklers and most other items permitted under this bill is limited to persons 18 and older. The penalty section of 16 Del. C. §6905 applies to this bill. At least forty-three states allow the sale and use of sparklers and other nonexplosive, nonairborne novelty items that are regulated by the U.S. Consumer Product Safety Commission.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SELLING OR POSSESSING FIREWORKS; EXCEPTIONS.
HB 301 w/ HA 2 + SA 1SignedHudsonThis Act allows the various at-large members of the Domestic Violence Coordinating Council to be appointed for 3-year terms and be eligible for reappointment. This change is requested by the Council.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
SB 167SignedHockerThis Act amends the Charter of Fenwick Island to provide examples of documents that can be used to prove residency in the Town of Fenwick Island for purposes of voting in the annual municipal elections and change the limit on borrowing from $500,000 in any 1 year to 5% of the total assessed value of all non-tax-exempt real property.AN ACT TO AMEND THE CHARTER OF FENWICK ISLAND.
HB 362SignedBentzThis bill sets forth revisions to the Code related to Adult Protective Services. The bill updates language to reflect best practices and current names of agencies and class positions.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.
SCR 55PassedMcBrideThis Senate Concurrent Resolution commends the Delaware State Dental Society on the success of its 15th annual Give Kids a Smile Program and recognizes its continuing efforts to improve the dental health of Delaware’s children.COMMENDING THE DELAWARE STATE DENTAL SOCIETY ON ITS ACHIEVEMENTS WITH THE 15TH ANNUAL GIVE KIDS A SMILE PROGRAM AND RECOGNIZING ITS CONTINUING EFFORTS TO IMPROVE THE DENTAL HEALTH OF DELAWARE'S CHILDREN.
HB 379 w/ HA 1 + SA 1SignedYearickSection 1 clarifies the Town’s nuisance and dangerous building abatement powers and requires property owners to pay for the abatement costs. This section further clarifies the Town’s ability to grant franchises, licenses, and permits, and impose fees for the same. It authorizes the Town to impose a realty transfer tax, and it increases the maximum penalty for a code violation to $500.00. Section 2 authorizes the Town to annex property and creates procedures for the annexation of property. Section 3 reduces the number of members on the Town Council from seven to five and eliminates the elected positions of secretary, treasurer, and tax collector. This section prohibits individuals convicted of a felony from running for Mayor or Council. This section establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, and the establishment of the elections board. This section requires voters to be United States citizens. Section 4 establishes the term of office for Mayor and Council as two years, and outlines how the Town Council will transition from seven to five council members. Section 5 clarifies the Council’s ability to fill a vacancy on Council regardless of how that vacancy occurred, and it makes other changes to create consistency with the re-organization of the structure of the Town Council. Section 6 creates an organizational meeting at which a council secretary and treasurer are appointed each year. Section 7 clarifies who can be appointed as the Tax Collector and authorizes the Council to employ other individuals as needed by the Town. This section clarifies when regular meetings are held and allows electronic communication to be used to notify the Mayor and Council of special meetings. Section 8 authorizes the Town to have the same tax collection powers as Kent County and authorizes the Town to recover expenses incurred to collect taxes through legal proceedings. This section authorizes a court or administrative body to award the Town its costs of prosecution when the Town is the prevailing party in a legal proceeding to enforce an ordinance or collect an amount owed to the Town. AN ACT TO AMEND THE CHARTER OF THE TOWN OF WOODSIDE.
HB 388SignedPostlesSection 1 authorizes the disinterested members of the Town Council to determine if a council member meets the qualifications to be on council. Section 2 outlines the requirements for publishing a notice of solicitation of candidates for municipal elections, the filing requirement to run for Council, the procedures for resolving disputes over an individual’s qualifications to run for Council, and the notice of election requirements. Section 3 eliminates the prescribed time frame for having the polls open on the day of the municipal election and requires the polls to be open for at least 4 hours. Section 3 clarifies the duties of the Board of Elections, clarifies the qualifications to vote in an election, provides details regarding voting procedures and the conduct of the elections, and specifies the need for the Town to comply with 15 Del. C. Ch. 75 (“Municipal Elections”). Section 4 prohibits council members from taking office sooner than 7 days following the certification of the election. Section 5 eliminates a specific day of the month that the Town Council is required to meet. Section 6 requires the Town Council to act by a majority vote of the entire Town Council (and not just a majority of a quorum present at a meeting). Section 7 corrects an erroneous reference to the Council president and authorizes the Mayor or a member of Council to countersign checks. Section 8 eliminates the requirement that the Town Council appoint a police force. Section 9 authorizes the Town to recover from property owners those expenses incurred by the Town in the collection of delinquent Town taxes. Section 10 authorizes the Town to regulate public parking areas in Town. Section 11 eliminates detailed nuisance abatement procedures and authorizes the Town to adopt ordinances regulating nuisances and dangerous buildings. The Town is authorized to collect from the property owners, in the same manner as it collects delinquent taxes, those expenses incurred by the Town in abating a nuisance or dangerous building.AN ACT TO AMEND THE CHARTER OF THE TOWN OF BOWERS.
SCR 56PassedBoniniThis resolution designates September 1, 2018 as "Wesley College Day" in Delaware.DESIGNATING SEPTEMBER 1, 2018 AS "WESLEY COLLEGE DAY" IN DELAWARE
HA 1 to HB 379PassedYearickThis amendment makes technical corrections. Section 1 clarifies the Town’s nuisance and dangerous building abatement powers and requires property owners to pay for the abatement costs. This section further clarifies the Town’s ability to grant franchises, licenses, and permits, and impose fees for the same. It authorizes the Town to impose a realty transfer tax, and it increases the maximum penalty for a code violation to $500.00. Section 2 authorizes the Town to annex property and creates procedures for the annexation of property. Section 3 reduces the number of members on the Town Council from seven to five and eliminates the elected positions of secretary, treasurer, and tax collector. This section prohibits individuals convicted of a felony from running for Mayor or Council. This section establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, absentee ballots, and the establishment of the elections board. This section requires voters to be United States citizens. Section 4 establishes the term of office for Mayor and Council as two years, and outlines how the Town Council will transition from seven to five council members. Section 5 clarifies the Council’s ability to fill a vacancy on Council regardless of how that vacancy occurred, and it makes other changes to create consistency with the re-organization of the structure of the Town Council. Section 6 creates an organizational meeting at which a council secretary and treasurer are appointed each year. Section 7 clarifies who can be appointed as the Tax Collector and authorizes the Council to employ other individuals as needed by the Town. This section clarifies when regular meetings are held and allows electronic communication to be used to notify the Mayor and Council of special meetings. Section 8 authorizes the Town to have the same tax collection powers as Kent County and authorizes the Town to recover expenses incurred to collect taxes through legal proceedings. This section authorizes a court or administrative body to award the Town its costs of prosecution when the Town is the prevailing party in a legal proceeding to enforce an ordinance or collect an amount owed to the Town.  

Senate Committee Assignments

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

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance/Commerce
Education
Health & Human Development
Housing & Community Affairs
Judiciary
Labor

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