Rep. Paul Baumbach

This 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.

This 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.

This non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.

This Act does all of the following: (1) Requires certain registered aircraft owners to pay an annual fee. (2) Provides exceptions for registered aircraft based in Delaware. (3) Directs the Department to collect fees, as provided for in this Act. (4) Requires the Department to deposit the funds collected under this Act into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department’s responsibilities concerning aviation in this State. This Act takes effect on January 1, 2019.

This Act does all of the following: (1) Imposes a 5 cent per gallon tax on certain aviation jet fuel. (2) Provides the procedures for collecting the tax. These procedures are the same as the procedures under Subchapter II of Chapter 51 of Title 30; however, this Act makes technical corrections to those procedures to conform the law to the standards of the Delaware Legislative Drafting Manual. (3) Gives the Department of Transportation (“Department”) authority to establish regulations and otherwise enforce the collection of the new tax. (4) Requires the Department to deposit the proceeds of the tax into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department’s responsibilities concerning aviation in this State. This Act takes effect on July 1, 2018.

At this time, the 24-month testing rates are well below what the Division of Public Health would expect them to be based upon the risk factors that determine when testing is necessary. This bill simplifies the requirements and the process for physicians and eliminates confusion that may be causing the low compliance rate for the second test. With better compliance, the Division of Public Health will have a much clearer picture of lead exposure in Delaware. This bill also requires the Division of Public Health to review the criteria for testing every 5 years. This requirement would actively foster discussions between the Division and stakeholders to ensure that the best balance is struck between the burden of testing and the protection to children.

This Act creates a Delaware Commission on Irish Heritage and Culture.

This Act will permit engineers to obtain mechanic’s liens but only if improvements as contemplated by the engineering or architectural services provided are actually constructed or if the surveys or plans are actually approved by the governing authority having jurisdiction or recorded.

This Bill would allow all on-premises licensees who sell a bottle of alcohol (other than beer) to place a cap on the bottle and allow patrons to take it home with them for consumption later. Delaware was one of the first states to recognize that it was important that patrons who purchase a bottle of wine have the opportunity to take the remainder of the bottle home with them rather than face the choice of drinking more than they should and driving, or leaving part of the bottle they had paid for at the premise.

This bill amends 18 Del. C. § 6907 relating to the filing of annual statements and payment of premium taxes for captive insurance entities. This legislation will require captive insurers to file their annual statements and pay premium taxes on or before April 15th of each year.