Rep. Val Longhurst

This bill amends the Charter of the City of Delaware City. Section 1 changes the maximum repayment term from ten (10) to twenty (20) years for the financing of a capital asset. This change allows for a greater range of borrowing term options for the City’s consideration. Section 2 changes the responsibilities and duties of the City Secretary. Section 3 changes the responsibilities and duties of the City Treasurer. The changes in Sections 2 and 3 allow for improved transparency and separation of duties within the City’s government.

This Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.

This resolution supports designating the month of April 2018 as “National Donate Life Month”, which recognizes those and the families of those who have donated organ, eye and tissue, as well as supports and encourages the donation of organ, eye and tissue.

This Bill amends the Board composition to provide that a slot may be filled by an audiologist or by a hearing aid dispenser which shall address the challenge in locating a hearing aid dispenser to serve on the Board. Further, this Bill adds a definition for the “practice of hearing aid dispensing” to set forth the appropriate scope of practice for hearing aid dispensers, based on their training and qualifications, in the interest of public protection. This Bill also strikes references to audiology and speech pathology aides because the Board does not license or regulate these professions. The requirements for licensure and license renewal, for speech/language pathologists and audiologists, have been amended in the interests of clarity. Upon application, a speech/language pathologist must submit proof of current certification from the American Speech and Hearing Association (“ASHA”) and audiologists must submit proof of either current ASHA certification or board certification from the American Board of Audiology. Reciprocity applicants for speech/language pathology and audiology must meet this same requirement. Also, at the time of the first renewal only, speech/language pathologists and audiologists must show the appropriate current certification. Finally, references to “excessive use or abuse of drugs” have been amended to be consistent with the definition of this term.

This Act establishes an Educational Support Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work educational support professionals, such as paraprofessionals, food service workers, custodians, and secretaries do to enhance school communities in Delaware.

This Act raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony. This change is to deter such "straw purchases" by making jail time more likely for the offender, and consequently, to reduce the number of people who cannot legally possess firearms but obtain them in this manner.

This 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.

This bill changes the age of a person to whom another person can sell, give or transfer a firearm or ammunition for a firearm from 18 to 21. However, this bill permits a person to sell, give or transfer a firearm or ammunition for a firearm to a person under 21 years of age if the person under 21 is an active member of the United States Armed Forces or a law-enforcement officer or possesses a license to carry a concealed deadly weapon. The prohibition against the sale or transfer of a firearm to a person under 21 does not apply if that person is over 18 and the firearm is a shotgun or muzzle-loading rifle or if the ammunition is for such weapons. This bill does permit the transfer of a firearm or ammunition to a person under 21 so long as such transfer is without compensation and the person transferring is the parent or guardian of the person under 21 or has the permission of the parent or guardian. This bill increases the age from 18-21 for the person who must directly supervise a child under the age of 16 who is in possession of a firearm, BB, air, or spear gun.

This 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.

This Concurrent Resolution recognizes April 10, 2018, as "Equal Pay Day".