Rep. Bill Carson

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.

Immunity from liability for individuals rendering emergency care is addressed in many sections of the Delaware Code. There are several separate statutes providing immunity for specific professions and even for lay individuals providing specific types of assistance. Section 6715 of Title 16 provided immunity to “Firemen, policemen or volunteer ambulance or rescue squad members rendering emergency care” until it was transferred to § 6801 of Title 16 in 1971. Section 3001G of Title 16 provides immunity to peace officers who administer naloxone to an individual whom the officer believes is undergoing an opioid-related drug overdose. Currently, 1 statute, § 6801 of Title 16, addresses 3 topics: (1) lay person, Good Samaritan, immunity for rendering emergency care; (2) emergency responder immunity for rendering emergency care; and (3) the establishment of the Advanced Life Support Standards Committee. The current statute does not clearly identify the emergency responders that are provided immunity and, because of changes in how emergency services are funded, could be interpreted to exclude any person receiving compensation for their work, including firefighters and police officers. This Act amends § 3001G of Title 16 to include all public safety personnel and to reference the general immunity statute for public safety personnel, which provides the exact same level of immunity, to avoid potential conflicts between the immunity statutes and provide consistent immunity protection public safety personnel. Section 3001G of Title 16 does not need to specifically provide immunity to lay individuals who administer naloxone under the Community-Based Naloxone Access Program because lay individuals have immunity for administering naloxone under the general Good Samaritan statute, § 6801 of Title 16. This Act clarifies § 6801 of Title 16 by breaking it into 3 different statutes, 1 statute for each topic, but does not substantively change the law because this Act: (1) Clarifies the individuals covered by the statute without conflicting with the other immunity statutes across the Delaware Code. (2) Does not change the acts for which individuals have immunity and thus continues to provide immunity for acts such as administering CPR or naloxone. (3) Does not change who is intended to be covered by the current language § 6801 of Title 16. (4) Does not change the standard for immunity. As in the current law, the individual only has immunity if the individual did not cause the injuries or death wilfully, wantonly, or recklessly or by gross negligence. (5) Clarifies that lay individuals have immunity when rendering emergency care. (6) Clarifies that public safety personnel rendering emergency care have immunity if the individual has current, relevant training or certification. Specifically, this Act: (1) Amends § 3001G of Title 16 to include all public safety personnel and to reference the general immunity statute for public safety personnel and makes technical corrections to § 3001G of Title 16 to conform to the standards of the Legislative Drafting Manual. (2) Revises § 6801 of Title 16 so that it continues to provides immunity to lay individuals, also known as Good Samaritans, who render emergency care. It uses the same immunity standard as in the current § 6801 of Title 16. (3) Moves the immunity for emergency responders to Chapter 97 of Title 16, the Emergency Medical Services Systems Chapter. This allows the definitions in Chapter 97, Title 16 to apply to the immunity provision so it is consistent and clear that public safety personnel mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and rescue personnel, communications and dispatch specialists, and other public employees and emergency service providers charged with maintaining the public safety. It uses the same immunity standard as in the current § 6801 of Title 16. (4) Continues to use a general statement of emergency care or rescue assistance rather than list specific acts. This allows the law to cover any situation, whether or not the specific nature of the assistance is anticipated by the General Assembly, and allows for the law to cover new medical treatment or forms of assistance. (5) Provides a definition for the term law-enforcement officers in Chapter 97 of Title 16, where the term is used but not defined. (6) Removes language from the current statute that excludes care provided on the premises of a hospital or clinic because that distinction is not necessary after the statute is separated to clearly define who receives immunity under this statute. In addition, other sections of the Delaware Code provide immunity for physicians, nurses, and physician assistants who provide emergency care, so those individuals no longer need to be included in this section for when they provide assistance outside of their places of employment. (7) Does not require lay individuals to have training to have immunity but does require that public safety personnel have any current training that is required and relevant to the assistance provided to have immunity. This is because public safety personnel acting in their official capacity often receive some form of compensation for the assistance. (8) Moves the Advanced Life Support Standards Committee to Chapter 97 of Title 16 and makes technical corrections to the language in the current § 6801 of Title 16 to conform to the standards of the Delaware Legislative Drafting Manual and to accurately refer to the Division of Public Health, but does not make any substantive changes.

The Bill amends Title 4 to permit licensed Delaware craft distilleries, breweries, and wineries the ability to sell products produced by other Delaware craft distilleries, breweries, and wineries for on-site consumption, only. The products sold must be purchased through the existing three-tier system (i.e., wholesalers or traditional retailers).

This act is the first leg of a constitutional amendment that protects parental rights.

Section 7042 of Title 25 of the Delaware Code lists the completion and cost of any capital improvements or rehabilitation work in a manufactured home community, as distinguished from ordinary repair, replacement, and maintenance, as a factor that may justify an increase in rent but only until the cost of the improvement has been fully recovered. Like Senate Substitute No. 2 for SB 23, this Act clarifies this provision by making the recovery of such capital improvement or rehabilitation work a fee under § 7008, the fee section of this chapter, so that it is a separate charge from rent and provides notice requirements regarding the fee. This Act provides a revised definition of capital improvement and rehabilitation work. This definition is placed in the definitions section of Chapter 70. Chapter 70 defines rent as including fees, preserving a community owner’s ability to enforce payment of the fee. By identifying this assessment as a fee, it is clearly identified as separate from a base rent increase. Senate Substitute No. 3 for Senate Bill No. 23 differs from Senate Substitute No. 2 for Senate Bill No. 22 as follows: 1. It removes lines from the definition of capital improvement or rehabilitation work that conflict with the rest of the definition. 2. It adds the requirement that capital improvement or rehabilitation work must benefit the entire manufactured home community. 3. It limits the correction of deficiencies to comply with changes to building codes or laws enacted after construction was completed. 4. It clarifies that the community owner must still comply with other provisions of the rent justification law, § 7042(a)(1) and § 7043 of Title 25, before imposing this fee. 5. Permits a challenge to the fee to be consolidated with other proceedings challenging a rent increase under § 7042 and § 7043 of Title 25. 6. It adds that the fee must be collected at a rate of 10% of the cost of the capital improvement or rehabilitation work or over the number of years necessary to not exceed 10% of the rent, whichever amount is lower. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is designed to address underage gambling offenses under § 4810 of Title 29 in a more efficient way. Section 1 of this Act requires mandatory counseling for underage individuals who gamble in violation of § 4810(a) of Title 29 and provides for original jurisdiction for these violations in the Justice of Peace Courts for those who are 18 years of age or older and for original jurisdiction for these violations in the Family Court for those who are 17 years of age or younger. Section 2 of this Act gives Superior Court jurisdiction over other violations of the underage gambling law. Section 3 makes violations of § 4810(a) of Title 29 eligible for probation before judgment. Section 4 of the Act makes violations of § 4810(a) of Title 29 a warrantless crime, which would permit violators to be processed through the use of a criminal summons. Finally, this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Designating February 6, 2018 as "Ronald Reagan Day" in Delaware

This bill is intended to protect the privacy of law enforcement officers and their immediate family members by specifically exempting their personal identifying information from FOIA. The disclosure of private information of law enforcement and their immediate family members unnecessarily endangers such individuals.

This Bill requires motor vehicle insurance policies, under the personal injury protection provisions (PIP), to provide coverage for up to $500 per injured person extricated from a motor vehicle by an emergency medical services vehicle. Emergency medical services vehicle is a vehicle duly licensed in Delaware that deploys rescue tools used by emergency rescue personnel to extricate the injured person from a vehicle. The Act also requires the Insurance commissioner to develop a uniform billing form for reimbursement and that volunteer fire and ambulance companies submit financial reports regarding expenses incurred in the use of rescue tools to the State Fire Prevention Commission.

This Concurrent Resolution recognizes Delawarean Steve Austin, recipient of the 2018 CFSI/Motorola Solutions Mason Lankford Fire Service Leadership Award.