Sen. Dave Sokola

This Bill is the Fiscal Year 2019 Bond and Capital Improvements Act.

This Act changes the term of a school board member from 5 years to 4 years. While longer board member terms enable school board members to have more years as experienced board members, this must be weighed against the goal of providing the community with sufficient opportunities to run for school boards, and to replace school board members. In addition, shorter board member terms can increase the number of candidates who run for office, as a longer term can prevent some individuals from choosing to run for this office.

This resolution proclaims January 21 through 27, 2018 as National School Choice Week.

The Delaware End of Life Options Act provides an additional option which terminally ill adults nearing their death can decide to select, to lessen their pain and suffering. The bill clarifies the procedures necessary for making the request, including 1) the presentation of all end of life options which include comfort care, hospice care, and pain control, 2) a physician’s evaluation, 3) medical confirmation by a second physician, 4) psychiatric/psychological counseling when indicated, 5) the passage of two waiting periods, and 6) the completion of a formally witnessed request for prescribed medication. The bill provides many safeguards to ensure the patient is making an informed decision, the right to rescind any request for medication, and immunity for persons participating in good faith compliance with the procedures. When the process is followed with its safeguards, the terminally ill patient is provided the right to receive medication to peacefully end the patient’s life in a humane and dignified manner.

This Act restores the Delaware Prescription Drug Payment Assistance Program which was eliminated in the Fiscal Year 2018 Annual Appropriations Act.

This bill places the same requirements for the issuance of non-potable well permits within existing areas where a water utility has been granted a Certificate of Public Convenience and Necessity as those that currently apply to the issuance of a potable well permit.

This Resolution extends the due date of the final report of the School Consolidation Task Force from January 30, 2018, to May 15, 2018.

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.

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.

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.