Rep. John L. Mitchell

This Act is the second leg of a constitutional amendment that would add the Chief Magistrate to the Court on the Judiciary. Like all judges within the state, the judges of the Justice of the Peace Court are subject to the jurisdiction of the Court on the Judiciary. This amendment makes it so that the presiding judge of each of the six state courts serves as a member.

This bill requires the Department of Transportation to provide the General Assembly with an annual report for community transportation fund expenditures.

Sections 1-4 clarify the type of supervised experience applicants are required to obtain in order to be qualified for licensure and eliminates the requirement that reciprocal applicants be certified by a national organization prior to being qualified for licensure. Additionally, section 2 eliminates a pending criminal charge as a basis to deny licensure. Section 5 changes the law governing chemical dependency professionals to eliminate a pending criminal charge as a basis to deny licensure. Sections 6-9 clarify the type of supervised experience applicants are required to obtain in order to be qualified for licensure and eliminates the requirement that reciprocal applicants be certified by a national organization prior to being qualified for licensure. Additionally, section 7 eliminates a pending criminal charge as a basis to deny licensure.

This bill authorizes the use of “prize-linked” savings accounts in the State of Delaware. These accounts have been used in a number of countries and several U.S. states to promote savings, especially among persons with low-income and first-time savers. A deposit into the program makes the entrant eligible for a prize. The principal in the account remains untouched. The first large-scale program of this nature in the U.S. was launched in Michigan about 6 years ago, and the program has subsequently expanded to Nebraska, North Carolina and Washington. At the end of 2014, federal legislation was passed allowing federally charted banks and credit unions to offer this type of savings account in any state that does not prohibit it. This bill explicitly authorizes such programs in Delaware and clarifies that such programs do not constitute prohibited gambling or lottery practices.

This Act explicitly allows ground effect lighting equipment on motorcycles. This extra lighting would increase motorcycle safety by enhancing their visibility.

This bill is a follow-up to House Bill No. 432, a change to the Town of Elsmere’s charter, passed in the 148th General Assembly. HB432 removed a cap on the amount of indebtedness the Town of Elsmere could incur to meet current expenses. This bill clarifies that such borrowing is intended to cover short term cash needs and shall not exceed anticipated revenue for the current fiscal year.

This Act authorizes the Smyrna School District to convey to the Town of Smyrna property located in Kent County, and known as the School Administration Building, to be used by the Town for public purposes, including incorporating the building and property as part of the proposed Duck Creek Regional Library and Community Center at Smyrna.

This Act is the second leg of a Constitutional amendment to lengthen the time period during which the Governor must appoint a judicial officer following the occurrence of a vacancy, thereby giving the Governor and State Senate more flexibility in the consideration of vacancies occurring when the State Senate is not in session while preserving the Delaware tradition of quickly filling judicial vacancies. The first leg, Senate Bill No. 275 from the 148th General Assembly, was adopted by two-thirds of the members elected to the General Assembly and publicized in accordance with Article XVI, § 1 of the Delaware Constitution. From 1897 until 1983, the Delaware Constitution provided that the Governor shall submit his or her appointment to fill a vacancy to a constitutional court within 30 calendar days of a vacancy when the State Senate was not in session. In 1983, the timeframe for the Governor to make an appointment when the State Senate was not in session was lengthened to 60 days, a timeframe for the Governor to make an appointment when the State Senate was in session was added and set at 60 days, and a provision permitting judges to hold over in office for 60 days after their term expired was added. Since 1897, the number of constitutional courts and the number of judges on those courts has increased. As a result, the Governor must now call special sessions of the State Senate for the consideration of judicial nominees more frequently than in the past. This Act provides more flexibility to the Governor and State Senate in two respects. First, it extends the 60 day period after the occurrence of a vacancy to a 90 day period. The 90 day period strikes a balance between the need to have judicial positions filled quickly to avoid operational disruptions in the court system and the desire to have more flexibility when the General Assembly is not in session. Second, the Act clarifies that the Governor and State Senate may consider a nomination 30 days prior to the occurrence of the vacancy. The Constitution was previously silent on the consideration of nominations prior to the occurrence of a vacancy. This Act also modifies the time period during which an incumbent judicial officer whose term has expired may hold over in office after the expiration of his or her term from 60 days to 90 days to match the vacancy timeframes. This Act confirms that an incumbent judge whose term has expired has the option to hold over in office for that 90 day period, but is not required to do so. Finally, this Act makes additional technical corrections to conform existing law on lines 42 through 44, line 46, lines 56 through 58, and line 60 to the guidelines of the Delaware Legislative Drafting Manual.

This Resolution recognizes April, 2017 as Child Abuse Prevention Month in Delaware.

This resolution designates April 6, 2017 as “National Tartan Day” and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware’s first governor, John McKinly, was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant and influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41 which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish- American cultural organizations.