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signed · Delaware · House Oct 5, 2017

HB 185: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD

The “Bicycle Friendly Delaware Act” would update Delaware code in conformance with recommended changes to the Uniform Vehicle Code from both the National Committee on Uniform Traffic Control Devices (Rules of the Road Committee) and the League of American Bicyclists (Legal Affairs Committee). Without changing the legal meaning of existing law, these updates would clarify sections of the Delaware Rules of the Road that are frequently misunderstood by the police, by bicycle operators and by vehicle drivers. In addition, the Act would enable the Department of Transportation to deploy bicycle traffic signals as a safety countermeasure at intersections where most fatal bicycle crashes occur; require vehicles to change lanes when passing bicycles (and farm equipment and animal-drawn vehicles) when lanes are too narrow; permit safe yielding by bicycle operators at stop sign-controlled intersections with minor roads; and prohibit the use of horns when passing animal-drawn vehicles and bicycles.
James Johnson (D) Dave Sokola (D) John L. Mitchell (D) · 10 co-sponsors
signed · Delaware · Senate Oct 5, 2017

SB 78: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

This Act enhances penalties for drivers who cause serious physical injury, as defined in § 222 of Title 11, to a vulnerable user, as defined in this Act. For a person to be guilty under this Act, the injured vulnerable user must be lawfully using a highway, defined in § 101 of Title 29 as "the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel . . . ." This Act also expands the circumstances in which a driver is criminally liable from violations of the careless or inattentive driving law to any violation of the rules of the road, Chapter 41 of Title 21, that result for a serious physical injury to a vulnerable user. Finally, this Act gives Superior Court jurisdiction over these violations due to the serious nature of the injuries required to be suffered by a vulnerable user.
Ed Osienski (D) Dave Sokola (D) · 4 co-sponsors
signed · Delaware · Senate Sep 29, 2017

SB 109: AN ACT TO AMEND TITLE 18 AND TITLE 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR SERIOUS MENTAL ILLNESS AND DRUG AND ALCOHOL DEPENDENCY.

Individuals who receive health care via Medicaid deserve the same dedication to treatment of substance abuse disorders as individuals who receive health care via private insurance. This Act extends the same access to treatment of a substance use disorder within the Medicaid framework that Senate Bill 41 of the 149th General Assembly afforded to individuals covered by private health insurance, except that a 72 hour supply instead of 5 day supply of emergency medication is required. This Act also clarifies that Medicaid health plans must use the full set of American Society of Addiction Medicine criteria when determining whether “medical necessity” exists for the placement, continued stay, and transfer/discharge of patients with a substance use disorder in treatment programs. Additionally, this Act aligns protections relating to services, specifically 5 days of treatment in detox centers and 30 days of treatment in Intensive Outpatient Programs, with the residential treatment option that is protected pursuant to Senate Bill 41 of the 149th General Assembly.
David Bentz (D) Bryan Townsend (D) · 11 co-sponsors
signed · Delaware · House Sep 29, 2017

HB 197: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

This 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.
Ron Gray (R) David B. McBride (D) · 7 co-sponsors
signed · Delaware · Senate Sep 29, 2017

SB 52: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE SATISFACTION AND PARTIAL RELEASE OF MORTGAGES.

This Act will allow a retired Delaware attorney to satisfy a mortgage that the attorney paid off while in practice. Currently only attorneys still in active practice are permitted to satisfy mortgages under Section 2120. This limitation can leave no practicable way to satisfy a mortgage for which the lender fails to record a satisfaction as required by State law if the attorney who paid off the mortgage subsequently retires. This Act will also expand the scope of Section 2120 to include partial releases of a mortgage where a Delaware attorney made a partial payment to release a portion of the mortgaged property.
Stephanie Hansen (D) Anthony Delcollo (R) Sean Lynn (D) Brian J. Bushweller (D) Bryon H. Short (D) · 5 co-sponsors
signed · Delaware · House Sep 29, 2017

HB 176: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A WEAPON IN A SAFE SCHOOL AND RECREATION ZONE.

This bill gives local school boards or charter school boards more discretion on a case by case basis to suspend students for the possession of a deadly weapon other than a firearm in a Safe School or Recreation Zone. This bill is the result of a case in the Brandywine School District.
James Johnson (D) Deborah Hudson (R) Gregory F. Lavelle (R) · 3 co-sponsors
signed · Delaware · House Sep 29, 2017

HB 255: AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO DONATED LEAVE.

This Act establishes the ability of state and school district employees to use the “donated leave” program to donate and accept annual leave and sick time for use by employees in connection with the birth or adoption of a child under the age of 6 years. An employee becomes eligible to receive such leave upon the birth of a child to the employee or employee’s spouse or upon adoption of a child younger than 6. Such an employee remains eligible for 6 months after such birth or adoption. The recipient may also use donated leave for a period of 1 year following the birth or adoption for absence related to maternal or pediatric medical appointments. Provided, however, that a recipient of donated leave must first use all of his or her accrued sick time and half of his or her annual leave. Where the recipient does not accrue annual leave, the recipient must have used all but 3 of that employee’s sick days prior to utilizing donated leave. All other established terms and conditions for donated leave remain the same.
Debra Heffernan (D) Kim Williams (D) Val Longhurst (D) Margaret Rose Henry (D) Harris B. McDowell (D) · 4 co-sponsors
signed · Delaware · House Sep 29, 2017

HB 112: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LICENSES AND PERMITS ISSUED TO SERVICE MEMBERS AND THEIR SPOUSES BY BOARDS AND COMMISSIONS ADMINISTERED BY THE DIVISION OF PROFESSIONAL REGULATION.

This Act allows professional licensing boards and commissions administered by the Division of Professional Regulation to recognize military education, training, and experience of all current and former military personnel when reviewing credentials and issuing licenses. This is a change from the current law, which only allows such boards and commissions to do so for active duty military, members of the National Guard, or military reserves assigned to a duty station in Delaware. This change would recognize the military education, training, and experience of individuals who are retired, a veteran, or are active duty individuals assigned to duty stations located outside this State.
Earl G. Jaques Jr. (D) Bruce C. Ennis (D) · 16 co-sponsors
signed · Delaware · Senate Sep 29, 2017

SB 61: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.

This Act clarifies the authority of the Joint Legislative Oversight and Sunset Committee ("Committee") to hold over entities unless or until certain conditions are met or modifications are made. This Act also provides the authority for the Committee to recall an entity that has been released from review when the entity has the ability to meet the recommended condition or make the modification but has failed to do so, or when the Committee recommended legislation to amend an entity's governing statute or a related statute, but the legislation fails to be enacted for any reason. If the Committee recalls an entity, it may recommend any of the options available in subsection (a) of this section.
Stephanie Bolden (D) Jack Walsh (D) · 8 co-sponsors
signed · Delaware · House Sep 29, 2017

HB 142: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON THE USE OF SECLUSION AND RESTRAINT.

This Act will improve guidelines for training by school districts and charters as it pertains to School Resource Officers (SRO), their duties and training when interacting with students with disabilities. The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.
Nicole Poore (D) Kim Williams (D) · 9 co-sponsors
signed · Delaware · Senate Sep 25, 2017

SJR 3: HONORING OUR GOLD STAR MOTHERS AND GOLD STAR FAMILIES BY DESIGNATING DELAWARE ROUTE 202 TO, “GOLD STAR HIGHWAY HONORING FAMILIES OF FALLEN SERVICE MEMBERS.”

This resolution honors our Gold Star Mothers and Gold Star Families by designating Delaware Route 202 to, “Gold Star Highway Honoring Families of Fallen Service Members.”
Earl G. Jaques Jr. (D) Anthony Delcollo (R) Debra Heffernan (D) Charles Potter Jr. (D) Deborah Hudson (R) · 17 co-sponsors
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