Rep. Michael Mulrooney

This Act provides clearer language concerning license requirements, gives licensees a much clearer understanding of prohibited acts, discipline and penalties; and grants the ability of the Professional Licensing Section to promulgate regulations, and additional powers needed to oversee this chapter.

This 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.

Section 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.

This Act clarifies that after a physician-patient relationship has been properly established in accordance with this section, subsequent communications and treatment may be conducted as the doctor and patient deem appropriate. As with all practice of medicine, such subsequent interactions must still meet the standard of care for the given field of medicine. The Act also clarifies that this statute is not intended to limit the practice of radiology or pathology – fields in which it has long been standard for an off-site specialist to examine records created by a treating physician or technician.

This Bill is the Fiscal Year 2018 Bond and Capital Improvements Act.

Recognizing a fundamental economic change toward businesses that require innovation, The Honorable John C. Carney, Governor of the State of Delaware, issued Executive Order One on January 18, 2017 creating a Working Group of business and government leaders to study methods to improve coordination between the public and private sectors, attract growing businesses and foster economic development throughout the State. The Governor appointed members of the Working Group representing government, business leaders and the community. The Working Group conducted public meetings in the State to receive input from the public on issues related to business development and retention in the changing economy. The Working Group considered research and input from experts in the area of public/private partnerships as well as statutes and data from other states. The Working Group issued a report to the Governor on April 7, 2017 recommending the establishment of a public/private partnership in Delaware to focus on investment attraction, entrepreneurship and innovation, talent development and retention, and research and analysis. Upon consideration of the Working Group report, the General Assembly intends to appropriate funding for the Public/Private Partnership, a nonprofit public/private partnership comprised of leaders in the public, business and the community to build a stronger entrepreneurial environment in the State. The Public/Private Partnership will focus on leveraging private resources to improve business recruitment, retention and expansion, identify and develop a talented workforce, connecting with the global economy and building a stronger entrepreneurial environment. To ensure public accountability the Partnership will submit to the Governor and the General Assembly tax returns, financial statements, organizational polices and will make available for inspection meeting minutes. To make the most efficient use of available resources, this legislation eliminates the Delaware Economic Development Office because the public/private partnership will be conducting business attraction and development functions formerly performed by that Office. This legislation transfers tourism, the Delaware Motion Picture and Television Commission and duties related to administration and the financial analysis of proposed economic development projects to the Department of State. The transfer will improve efficiency, eliminate redundancy and foster business attraction, innovation, tourism, small business development, business retention, minority, women, disadvantaged and veteran owned businesses. Sections 3 through 21 of this Act simply make conforming changes throughout Title 29 and other titles of the Delaware Code where references to the Delaware Economic Development Office appear. The Division of Small Business, Development and Tourism is referenced in its place. The bill also removes some Code Sections that reference funds and functions that no longer exist.

This Act authorizes the Family Court to interview a child outside the presence of the parties for the purpose of obtaining the child's testimony and ascertaining the truth of a matter asserted by a party to a Protection from Abuse proceeding. The Court may permit counsel to be present during the interview and ask the child questions. The Court may also permit a party who is not present for the interview to submit questions of fact for the Court to use in interviewing the child. Interviews under this Act must be made a part of the record.

Advance deposit wagering (“ADW”) has been the only growing segment of the pari-mutuel industry for more than a decade, is practiced nationwide especially in all of our surrounding states, and has been practiced by Delaware residents without authority or regulation, providing no contribution to the State’s racing industry. This Amendment provides for proceeds of advance deposit wagering that is conducted in the state to be used to support and improve the horse racing industry in Delaware by improving purses, supporting breeding, and ensuring that the industry is adequately regulated for the protection of all participants.

Delaware's Community College System, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. This Act adopts the county Vo-Tech structure to finance the Fund by authorizing the College's Board of Trustees to collect a local property tax, subject to a cap. All money raised in a county must be placed in a segregated account and spent exclusively on projects in that county; this eliminates any possibility of applying this Act in an unconstitutional manner. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act updates the requirements for Courts-Martial to ensure that all members of the Delaware National Guard receive due process through the military justice system. This legislation amends Title 20 to correct a constitutional defect in the current statute, which fails to provide sufficient appellate process. It further codifies longstanding tradition of giving the Attorney General right of first refusal on all prosecutions to avoid double jeopardy. Provides for misdemeanor courts-martial jurisdiction in any military prosecution with appeal rights to the Superior Court of Delaware. Further, the act reconciles Title 20 with applicable federal law.