Daily Report for 5/9/2017

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 31SignedMatthewsThis 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.AN ACT TO AMEND TITLES 5 AND 11 OF THE DELAWARE CODE RELATING TO PRIZE-LINKED SAVINGS PROGRAM.
SB 17SignedTownsendThis bill provides for research or transplantation of organs and other anatomical gifts as authorized under federal law among donors who have tested positive for exposure to HIV and intended recipients who have also tested positive for exposure to HIV. Delaware is currently the only state that has laws prohibiting the use of HIV positive organs for HIV positive recipients entirely, including the use of organs as part of a research protocol.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANATOMICAL GIFTS.
HB 82 w/ HA 1SignedSchwartzkopfSections 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.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS.
HB 105SignedM. SmithThis Act clarifies that the Director of the Office of Management and Budget has the authority to deposit Special Fund balances into the General Fund as a measure to control agency expenditures.AN ACT TO CLARIFY TITLE 29, §6529 OF THE DELAWARE CODE RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET.
HB 111SignedKeeleyThis bill changes the number of live music events required for an entity to be a qualified “concert hall” for purposes of alcohol licensing. Previously a concert hall was required to hold at least 250 live music events per year and be open at least 5 days per week. Pursuant to this change, the 5-day requirement is eliminated and the venue must hold 250 live music events per two-year period.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO CONCERT HALLS.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 25PassedCloutierThis resolution continues to raise awareness that the month of May is Melanoma and Skin Cancer Detection and Prevention Month in Delaware and celebrates new research predicting lower melanoma rates. CONTINUING TO RAISE AWARENESS THAT THE MONTH OF MAY IS MELANOMA AND SKIN CANCER DETECTION AND PREVENTION MONTH IN DELAWARE AND CELEBRATING NEW RESEARCH PREDICTING LOWER MELANOMA RATES.
SA 1 to SB 59PassedWalshThis Amendment repeats the Compact's effective date (lines 445 through 448 of Senate Bill No. 59) to clarify that the current Chapter 19A of Title 24 remains in effect until the new Multistate Nurse Licensure Compact becomes effective. In addition, this Amendment requires the Director of the Division of Professional Regulation to notify the Registrar of Regulations if the Compact becomes effective before December 31, 2018, because 26 states have adopted it. 
HB 161CommitteeMatthewsThis bill requires the Department of Transportation to provide the General Assembly with an annual report for community transportation fund expenditures. AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATED TO THE COMMUNITY TRANSPORTATION FUND.
HB 159CommitteeJaquesThis Bill confirms licensing requirements for school nurses are established by the Professional Standards Board, and evaluation criteria for school nurses are established by the District or Charter School.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATED TO LICENSE REQUIREMENTS AND EVALUATION CRITERIA FOR SCHOOL PERSONNEL.
HA 1 to HB 113PassedBaumbachThis amendment slightly reduces the rate built into the bill from 6.0% TO 5.9%, to avoid an additional fiscal cost. The amendment also removes the annual increases of the match from 6% to 15%. Finally, the amendment removes the language for how to process the credit for joint returns, due to the recognition that the existing language sufficiently addresses this matter. 
HB 162CommitteeBoldenThis bill mandates reporting to the Director of Investor Protection by a broker-dealer or investment adviser that has a reasonable belief that financial exploitation of an eligible adult has occurred or been attempted. It also enables broker-dealers and investment advisers to delay disbursement from an account of an eligible adult where financial exploitation is suspected. This also includes definitions of “eligible adult,” “financial exploitation” and “qualified individual” to be inserted into the Securities Act.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE INVESTOR PROTECTION UNIT AND THE PROTECTION OF VULNERABLE ADULTS.
SA 1 to SS 1 for SB 5LOTRichardsonThis Amendment clarifies that protection of the woman's health means to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. 
SA 2 to SS 1 for SB 5LOTRichardsonThis Amendment defines "viability" as any time period after 20 weeks of gestation.  
SA 3 to SS 1 for SB 5DefeatedRichardsonThis Amendment defines "viability" as any time period after 23 weeks of gestation.  
SA 6 to SS 1 for SB 5DefeatedSimpsonThis Amendment addresses requires that a physician who is performing an abortion on a female less than 18 years of age and not emancipated, or incompetent as determined by a court order, the physician must obtain parental consent absent circumstances that would warrant waiving such requirement 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SCR 20 w/ HA 1PassedHansenThis Concurrent Resolution establishes a task force to study the issue of the local extinction of species in Delaware and recommend solutions to reverse the present course. The task force is required to deliver its report no later than December 1, 2017.ESTABLISHING THE STATEWIDE ECOLOGICAL EXTINCTION TASK FORCE.
SS 1 for SB 5SignedTownsendThe United States Supreme Court’s decisions in Roe v. Wade and subsequent cases established that access to abortion is a constitutional right and that states may not prohibit abortion prior to viability. As a result of these decisions, and the exercise of prosecutorial discretion by the Attorney General, see Del. Op. Att’y Gen. No. 73-030, § III (Apr. 12, 1973), the Delaware Code's prohibitions against abortion are unconstitutional, and thus unenforceable. This Substitute makes Delaware’s laws on abortion consistent with the scope of the right protected by the United States Constitution and the practice in Delaware for the past 43 years. In doing so, this Act permits the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly. This Substitute differs from Senate Bill No. 5 as follows: (1) It clarifies lines 31 through 34 related to fetal anomalies. (2) It notes, on lines 79 through 81, that informed consent for a procedure under this subchapter is required by § 4408-1.0 through 10.0, Title 16 of the Delaware Administrative Code. (3) It makes clear that nothing in this Substitute is to be construed to affect the continued effectiveness of the Parental Notice of Abortion Act, Subchapter VIII of Chapter 17 of Title 24 of the Delaware Code.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE CODIFYING U.S. SUPREME COURT PRECEDENT RELATING TO THE TERMINATION OF PREGNANCY.
HCR 26PassedJaquesThis resolution recognizes the week of May 8-12, 2017 as “Teacher Appreciation Week”.RECOGNIZING MAY 8-12, 2017 AS "TEACHER APPRECIATION WEEK".
HCR 24PassedSchwartzkopfThis concurrent resolution designates the month of May 2017 as “Lyme Disease Awareness Month” in the State of Delaware.DESIGNATING THE MONTH OF MAY 2017 AS "LYME DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 43 w/ HA 1 + SA 1SignedJ. JohnsonThis bill clarifies that a Department of Correction's employee who has served for 25 years with at least 20 years as a correction officer is eligible to retire at 25 years.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PENSIONS.
HJR 4SignedMiroThis resolution requires a Delaware Certificate of Multi-literacy be established. The criteria for such certificate is to be developed by the Department of Education no later than August 30, 2017.ESTABLISHING DELAWARE CERTIFICATES OF MULTI-LITERACY TO HONOR AND RECOGNIZE DELAWARE HIGH SCHOOL STUDENTS WHO HAVE ATTAINED HIGH LEVELS OF PROFICIENCY IN ONE OR MORE WORLD LANGUAGES IN ADDITION TO ENGLISH.
SB 41 w/ SA 1SignedHansenIn an effort to reduce overdose deaths relating to the growing epidemic of opioid addiction, this Act requires carriers to provide coverage for medically necessary inpatient treatment of alcohol and drug dependencies and prohibits carriers from imposing precertification, prior authorization, pre-admission screening, or referral requirements for the diagnosis and treatment, including in-patient treatment, of drug and alcohol dependencies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COVERAGE FOR SERIOUS MENTAL ILLNESS AND DRUG AND ALCOHOL DEPENDENCY.
HB 120 w/ HA 1SignedLonghurst This Act requires health insurance policies to cover any medically appropriate drug approved by the FDA for the treatment of stage 4 metastatic cancer without requiring a patient to first prove that the patient failed to respond to a different drug or drugs. This Act is based on a similar bill in Georgia that was inspired by President Jimmy Carter’s recent battle with cancer.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF CERTAIN CANCER TREATMENTS.
HB 125CommitteeSmykThis act will be known as the Extreme Crimes Protection Act. This Act revises Delaware's death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State Supreme Court's holding in Hall v. Florida, interpreting standards set forth in Atkins v. Virginia. This Act adopts the term "intellectual disability" used by the United State Supreme Court.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE EXTREME CRIMES PROTECTION ACT.
SCR 23PassedLopezThis Resolution proclaims May 2017, Cystic Fibrosis Awareness Month in Delaware.PROCLAIMING MAY 2017, CYSTIC FIBROSIS AWARENESS MONTH IN DELAWARE.
HA 1 to HB 120PassedLonghurstThis Amendment adds the treatment of cancers other than stage 4 advanced, metastatic cancers and requires that the use of the drug is supported by national clinical guidelines, national standards of care, and peer reviewed medical literature for the treatment of the cancer or targeted therapy. This Amendment also prohibits the use of this Act as a basis for limiting or excluding coverage for a drug approved by the FDA for treatment of a medical condition not covered under this Act. 

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance/Commerce
Education
Judiciary
Revenue & Finance
Transportation/Land Use and Infrastructure

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
SA 4 to SS 1 for SB 5DefeatedRichardsonThis Amendment requires the administration of anesthesia to the fetus if a pregnancy is being terminated after 22 weeks gestation. 
SA 5 to SS 1 for SB 5DefeatedLawsonThis Amendment requires written consent be obtained from the women having an abortion procedure. Such consent is intended to indicate and ensure a thorough understanding of the procedure to be performed.  

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records