Representative John Viola



Dedication, Leadership, Excellence                                               
26th District, Democrat

The following legislation, from the 145th General Assembly has been signed into law. For a full list of legislation I've co-sponsored, visit http://www.legis.delaware.gov

Family, Children, and Seniors

HB 199 w/HA 2  (Co-Sponsor) -This Act requires that private health insurers in Delaware cover the developmental screenings for infants and toddlers that are recommended by the American Academy of Pediatrics and the Delaware Early Childhood Council.  Such screenings are already covered for children in the state’s Medicaid program.  The estimated cost to policyholders of covering these screenings is three cents per member per month.

 

SB 65  (Co-Sponsor) - Parents of children with severe disabilities experience difficulty in identifying practitioners willing and able to provide effective dental care.  Children with autism or mental deficiency are often uncooperative with treatment.  Children with postural or mobility impairments may be unable to transfer from a wheelchair or sit in a standard dental treatment chair.  Strict application of “in-network” insurance restrictions exacerbates the parents dilemma since there may be no nearby in-network dentist willing and able to treat their child.  When parents with secondary child Medicaid insurance are unable to effectively access private dental insurance, the result is an increase in Medicaid claims. This bill only applies to insurers which include dental services in their benefits package. It allows parents with such private dental insurance to secure dental care for a child with a severe disability irrespective of “in-network” restrictions.  Finally, it promotes the availability of in-network practitioners willing and able to treat such children.

 

A Livable Delaware

 

HB 67   (Co-Sponsor) - This act increases the penalties for illegally hunting wild turkeys.  Delaware began its Wild Turkey Restoration project in 1984 with the release of 34 trapped birds from Pennsylvania, New Jersey and Vermont.  To enhance genetic diversity and speed up the stocking of birds in all available habit, additional wild turkeys were acquired from other states, at a cost of approximately $500.00 per bird.  Although the cost to purchase and import wild turkeys is very expensive, the penalties levied on individuals who illegally hunt these birds are minimal.  Currently, illegally taking a wild turkey is a class D environmental misdemeanor, punishable for a first offense by a fine of $25.00 to $100.00, imprisonment for up to five days, or both.  To assure that the penalties imposed on individuals who illegally hunt wild turkeys more accurately represent the cost of replacing the lost birds, this act makes illegally hunting wild turkeys a class B environmental, punishable for a first offense by a fine of $250.00 to $1,000.00, imprisonment for up to 30 days, or both.  

 

HB 99   (Co-Sponsor) - This act designates peach pie as the official state dessert

 

SB 73 (Prime Sponsor) - This Act replaces Title 5, Chapter 24 (“Mortgage Loan Originators”) to provide for the licensing of mortgage loan originators in accordance with the United States Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

Status: Signed by Governor

 

HR 17  (Co-Sponsor) - This Resolution recognizes April 28, 2009 as Workers Memorial Day.            

 

HR 18   (Co-Sponsor) - This Resolution designates Tuesday, April 28, 2009 as “Equal Pay Day” in the State of Delaware

 

HJR 3  (Co-Sponsor) - This joint resolution dedicates and allows an area on the south side of the Legislative Mall to be used for the placement of a Delaware Law Enforcement Memorial to honor law enforcement officers who lost their lives while serving the citizens of Delaware.

 

SCR 16  (Co-Sponsor) - This Senate Concurrent Resolution expresses the sense of the Delaware General Assembly that ensuring the availability of adequate housing is an essential component of an effective strategy for prevention and treatment of HIV and the care of individuals with HIV.   

 

Economic Development

 

HS 1 for HB 100 (Co-Sponsor) - This bill requires the Lottery Director to use his or her authority to reestablish a sports lottery, which will enhance the Delaware Lottery, protect Delaware employment, and provide additional revenues for the State.  The sports lottery excludes collegiate sporting events that involve a Delaware college or university.  Persons under the age of 21 will not be allowed to participate in the sports lottery.

 

In reestablishing the sports lottery, the bill would take advantage of an exemption granted to the State of Delaware under federal law, namely the Professional and Amateur Sports Protection Act, which allows the states of Delaware, Nevada, Oregon, and Montana to engage in sports betting. 

 

This bill would authorize the conduct of a sports lottery only at the three racinos presently operating.  Proceeds from the conduct of a sports lottery at the racinos would be divided equally between the racinos and the State.  The bill imposes a collective annual license fee of $4,500,000, which is to be divided among the three racinos in proportion to each property's percentage of the State's total video lottery net proceeds.

 

The bill also decreases the commission currently paid to the three racinos, thereby increasing the share of video lottery proceeds received by the State.  Under this bill, the State's share of expected revenue would be increased approximately 8%, from 37% to 45%, the commission paid to the three racinos would be decreased by approximately 7%, and the share of proceeds to be distributed to the purse accounts for thoroughbred and standard bred racing would be decreased by approximately 1%.

 

The bill also creates a Video and Sports Lottery Study Commission, which shall undertake two studies.  First, on or before December 1, 2009, the Commission shall study and report back to the General Assembly on the legislative, regulatory and operational aspects of table gaming in Delaware, including the timeline for implementation of table gaming should the General Assembly seek to do so.  Second, on or before April 1, 2010, the Commission shall study whether the State should expand the number of lottery venues, including both additional casinos and additional venues for the conduct of only a sports lottery.  The Commission shall be composed of nine members, including three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the President Pro Tempore, one appointee of the Governor, the Secretary of Finance and the Director of the Delaware Economic Development Office.  At least one of the appointees of each of the President Pro Tempore of the Senate and Speaker of the House of Representatives shall be a member of the minority party.

 

SB 19  (Prime Sponsor) - This Act will generate an additional $24.5 million in resources for the General Fund to help manage the $109.2  million budget shortfall for Fiscal Year 2009 projected at the December 2008 DEFAC meeting.  This Act appropriates available premiums on bonds sold after January 1, 2009, appropriates certain Special Funds of the State, deposits certain funds to the General Fund and provides for General Fund reversions.       

 

SB 26   (Prime Sponsor) - Sections 1 and 2 provide an alternative form for a UCC Financing Statement Amendment and the Addendum therefore.  Section 3 provides that this Act shall become effective August 1, 2009.

 

SB 30  (Prime Sponsor) - This Bill amends Chapter 18, Title 28 of the Delaware Code as it relates to Texas Hold’em Poker.  Eliminates the no limit phase from the chapter making the game Texas Hold’em Poker.  Adds definitions to the Chapter and allows the Board to set fees for Texas Hold’em Games.  Mandates that facilities only conduct one (1) tournament a day.  Allows organizations to have five (5) tournaments per calendar year instead of four (4).  Establishes sit-and-go games and clarifies a year is a calendar year.  Finally, it puts in the standard appeal language in order to appeal the Board’s decision to Superior Court

 

SB 31   (Co-Sponsor) - This Bill amends Title 28, Chapters 11 and 15 of the Delaware Code as it relates to charitable gambling as defined under the authority of the Delaware Gaming Control Board.  It would add language to indicate that permits as well as licenses may be issued depending on the type of game involved, increase the monetary payout of the “cookie jar bingo” game from $500.00 to $1000.00, increase the value of certain prizes and allow reasonable compensation to be paid to person(s) assisting in the conducting of the function(s).  It would provide that the Board's Chair shall be elected to a two (2) year term rather than a one (1) year term and meetings be electronically recorded.  This would impose penalties on third party vendors for violations under the Charitable Gambling Law and Rules.       

 

SB 69   (Prime Sponsor) - This Act will generate an additional $12.9 million in resources for the General Fund to help manage the $43.7 million budget shortfall for Fiscal Year 2009 projected at the March 2009 DEFAC meeting.  This Act appropriates certain special funds to the State, deposits certain funds to the General Fund and provides for General Fund reversions.

 

SB 99   (Prime Sponsor) - This Act authorizes the issuance of $117,770,011 in Transportation Trust Fund Bonds to fund transportation projects authorized in the Fiscal Year 2009 and 2010 Bond and Capital Improvement Acts.  This Act further generates an additional $1.1 million in resources for the General Fund to help manage the remaining budget shortfall in Fiscal Year 2009 of $26.5 million. 

 

SB 134 (Prime Sponsor) - This bill amends Title 28, Chapter 11 of the Delaware Code to add language to permit persons 16-18 years of age to conduct or assist in conducting bingo games, and persons over the age of 14 to serve as waiters and waitresses at bingo games, while not allowing such persons to play in the bingo game.  It would also raise the amount which can be won in a single cookie jar bingo game to whatever amount the Board sets.      

 

SB 148 (Prime Sponsor) - This Act will generate an additional $6.5 million in resources for the General Fund to help manage the $26.1 million budget shortfall for Fiscal Year 2009 projected at the May 2009 DEFAC meeting.  This Act appropriates certain special funds to the State, deposits certain funds to the General Fund and provides for General Fund reversion.        

 

SB 190 (Co-Sponsor) - A bond and capital improvements act of the state of Delaware and certain of its authorities for the fiscal year ending June 30, 2010; authorizing the issuance of general obligation bonds of the state; appropriating funds from the transportation trust fund; appropriating special funds of the Delaware transportation authority; deauthorizing and reauthorizing certain funds of the transportation trust fund; appropriating general funds and special funds of the state; reverting and reprogramming certain funds of the state; directing the deposit of certain funds to the general fund; specifying certain procedures, conditions and limitations for the expenditure of such funds; amending certain pertinent statutory provisions; and amending the laws of Delaware.        

 

Public Safety and Homeland Security

 

HS 1 for HB 40 w/HA 1  (Co-Sponsor) This Substitute Bill prohibits using a mobile telephone to send text messages or email while operating a moving motor vehicle in this State.  Violations are a primary offense subject to a $50.00 civil penalty.           

 

HB 72   (Co-Sponsor) - This bill gives the Division of Motor Vehicles the ability to suspend the driver license of a registered sex offender if the registered sex offender does not report to the Division for an updated driver license as required by Title 21, § 2718(e) within 30 days.          

 

HB 120  (Co-Sponsor) - This bill amends the “zero tolerance” provision in the Delaware Code to give discretion to school boards to modify the terms of expulsions when a school board determines that it is appropriate to do so.          

 

HB 169 (Co-Sponsor) - This Bill repeals mandatory minimum sentences in Title 16 relating to violations of our drug laws, returning to our State’s outstanding judiciary the discretion to pronounce sentences appropriate to the cases and individuals before them.  Delaware’s sentencing guidelines and Truth-in-Sentencing Law will remain in force, helping to guide judges in their decisions and ensuring offenders’ completion of their sentences.  Allowing judges to individually craft criminal sentences will result in more accurate sentences, thereby reducing the injustice, elevated incarcerated population, and excessive cost risked by one-size-fits-all mandatory minimum drug sentencing laws.  With such discretion, judges will be equipped to identify drug dealers and imprison them, to recognize those in need of drug treatment and treat them, and to handle all offenders as unique individuals and sentence them appropriately.  

 

Veterans Affairs

 

HR 7 (Co-Sponsor) - This resolution applauds Technical Sergeant Henry D. Fortney II for his receipt of the Meritorious Service Medal for his outstanding service on April 3, 2006, while assigned to the 326th Airlift Squadron, 512th Airlift Wing, Dover Air Force Base, Delaware.

 

Civil Rights

 

SB 121  (Prime Sponsor) - This Act adds the term “sexual orientation” to the already-existing list of prohibited practices of discrimination. As such, this Act would forbid discrimination against a person on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance.  In addition, this Act would establish that the Superior Court, in the first instance, would hear and adjudicate alleged criminal violations under the Act of equal accommodations, fair housing and employment discrimination.

 

Good Government

 

HB 44   (Co-Sponsor) - This Act authorizes the State Fire Prevention Commission to incorporate a non-profit, non-stock corporation for the purpose of establishing, administering and operating an overnight camp devoted to helping young people who have suffered severe burns deal with the physical and emotional issues arising from such injuries.

 

HB 131  (Co-Sponsor) - This Act permits New Castle County to contract for sole source items, emergency needs and contract performance to the same extent available to the State of Delaware pursuant to Chapter 69 of Title 29 of the Delaware Code           

 

HB 149 (Co-Sponsor) - This Act limits compensation that may be received by mortgage loan brokers and licensed lenders who engage in mortgage loan modification services for homeowners.               

 

SB 111  (Co-Sponsor) -The bill amends the State’s notary laws to simplify and expedite the existing notary commissioning process and to  facilitate the State’s entry into electronic notarization.     

 

 

 

 

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