Daily Report for 3/27/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 3 to HB 300StrickenSpiegelmanThis Amendment creates a temporary compensation program for weapons prohibited under House Bill No. 300 that does all of the following: 1. Requires the Secretary of the Department of Safety and Homeland Security to establish the rules and regulations for this compensation program. 2. Provides for a monetary payment of $100.00 for each bump stock weapon and $15 for each trigger crank weapon relinquished under the compensation program. 3. Requires the compensation program will operate from July 1, 2018 through June 30, 2019. 4. Requires a report to the General Assembly on the results of the program. 5. Appropriates $30,000.00 for the compensation required under this program. The Amendment also provides that a person is not guilty of an offense under this Act if they are acting under this compensation program.  
HA 1 to HB 324PassedKowalkoThis Amendment removes the requirement that the Office of Child Care Licensing's regulations require an opportunity to correct some deficiencies before the deficiency is recorded as noncompliance. 
HA 1 to HR 24StrickenBriggs KingThis Amendment clarifies the number of members necessary for quorum and to constitute a majority vote. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 114 w/ HA 2SignedSokolaThis bill updates existing laws under Title 16 by making corrections to terms used concerning the State Spay and Neuter Program, and members assigned to the Spay and Neuter Performance Review Committee, including the addition of a representative of a non-profit animal shelter who has been established in the state.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL POPULATION CONTROL PROGRAM AND SHELTER STANDARDS.
SB 139 w/ SA 1SignedTownsendThis Act requires that health insurance offered in this State provide coverage for fertility care services, including in vitro fertilization ("IVF") procedures, for individuals who suffer from a disease or condition that results in the inability to procreate or to carry a pregnancy to a live birth. This Act also requires that health insurance offered in this State provide coverage for fertility preservation for individuals diagnosed with cancer and other diseases, when medically necessary treatment could adversely affect their fertility. Like all other diseases, infertility should be covered by insurance. According to the National Infertility Association, RESOLVE, infertility affects 1 in 8 couples and 3 in 4 never obtain needed treatment, often because they cannot afford it. Everyone deserves the right to procreate and to try to build a family. Right now, many Delaware families diagnosed with infertility fall into a “coverage gap” and pay out-of-pocket for fertility care services. Only certain employers provide any fertility care coverage in Delaware and what they do provide is often very limited. Families generally must pay high co-pays or adhere to service restrictions and lifetime dollar caps that strictly limit their treatment options, and thus make it unaffordable for many of them to proceed without risking their financial security or without achieving a successful pregnancy. For example, 1 IVF cycle can cost between $15,000 and $25,000 and, on average, it takes 2 to 3 cycles to achieve pregnancy. Additionally, highly inflated managed care pharmacy prices for IVF medications, where families with coverage can pay as much as 100% more for medications compared to prices charged to self-pay families, often contribute to 25-50% or more of total IVF costs, which can quickly drain lifetime caps and severely limit overall IVF care options. According to the National Conference of State Legislatures, 15 states currently have laws regarding insurance coverage for infertility diagnosis or treatment, including 2 states that border Delaware, New Jersey and Maryland. This puts the State at a significant competitive disadvantage, as many reproductive age residents intentionally change employers and leave Delaware to gain more attractive fertility care benefits. It is also well-documented that individuals who self-pay for an IVF procedure, or have limited benefits, often demand that 2 or more embryos be transferred to their uterus. This greatly increases the risk of multiple births and is a dangerous and costly approach for heavily burdened health care resources, and can be completely avoided with greater access to covered fertility care services. Studies show that states with insurance coverage have a lower rate of multiple births because fewer embryos are transferred. This Act requires insurers to cover fertility care services based on the current standard of care for IVF treatments to achieve pregnancy success rates for singleton births at the lowest possible costs. This will greatly reduce the risk of multiple births and greatly reduce hospital and health care costs, thus saving employers money. Several recent studies have found that the cost of perinatal and neonatal care for twins is about $100,000, whereas singleton pregnancies cost about $13,000. Triplet pregnancies can cost $400,000 or more. For every 100 pregnancies from IVF that are singletons but could have been twins, about $8.7 million dollars is saved, on top of reduced pain and suffering for parents and premature babies. This Act would significantly reduce this high financial and societal burden by promoting IVF technologies that use single-embryo transfers. This Act could increase the number of persons treated for infertility, but also increase the number of babies born in Delaware by 2-300 per year, thus increasing the state’s birth rate by 1-2% and providing a boost to the local economy, while also decreasing health care costs.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR OBSTETRICAL AND GYNECOLOGICAL SERVICES.
SB 150SignedEnnisThis Act reduces the membership on the Delaware Police Accreditation Commission from 16 members to 12 members. The Act also provides that: i) the Secretary of the Department of Safety and Homeland Security may not vote except to break a tie; and ii) members of the Commission may appoint a designee to serve in their stead and at their pleasure.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE POLICE ACCREDITATION COMMISSION.
SA 1 to SB 139PassedTownsendThis Amendment corrects the following technical errors in Senate Bill No. 139: 1. It adds "by any health insurer, health service corporation, or health maintenance organization" to §§ 3342 and 3356 to clarify that health insurance provided by these entities are under these requirements. 2. It replaces "individual" with "group and blanket" in § 3556. Chapter 35 of Title 18 of the Delaware Code governs group and blanket health insurance and Chapter 33 of Title 18 governs individual health insurance. Thus, § 3556 should refer to group and blanket health insurance, not individual health insurance. Senate Bill No. 139 addresses individual health insurance policies in Section 1. 
SR 17PassedMcBrideThis resolution adds a new Rule 30 to the Senate Rules relating to Anti-Harassment Policy and Training.RELATING TO THE RULES OF THE DELAWARE STATE SENATE.
HCR 67PassedBaumbachThis House Concurrent Resolution proclaims the month of April 2018 as “Sikh Awareness and Appreciation Month” in the State of Delaware.PROCLAIMING THE MONTH OF APRIL 2018 AS “SIKH AWARENESS AND APPRECIATION MONTH” IN THE STATE OF DELAWARE.
HCR 66PassedLonghurstThis House Concurrent Resolution designates March 27, 2018 "Girl Scout Day" in the State of Delaware.RECOGNIZING, MARCH 27, 2018, AS "GIRL SCOUT DAY" IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 239 w/ HA 1, HA 1 to HA 1SignedRamoneThis bill addresses how a vacancy in the office of New Castle County Executive will be filled. Initially the County Chief Administrative Officer will fill the position. Thereafter a special election shall be held to fill the vacancy for the balance of the term of office. This is the same special election process as applicable to a vacancy in a County Council district.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO A VACANCY IN THE NEW CASTLE COUNTY OFFICE OF COUNTY EXECUTIVE.
HS 1 for HB 179 w/ HA 1SignedLynnThis Act permits State employees who are employed by the Delaware State Police or Delaware Capitol Police and work in a variety of job titles, all of which are more commonly referred to as "9-1-1 operators," to retire at 25 years without any reduction. Those employees will pay a higher employee contribution rate than other State employees.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.
HA 1 to HS 1 for HB 179PassedLynnThis Amendment changes the effective date of this Act from January 1, 2018, to January 1, 2019. It also removes Section 2 of this Act, which relates to a part of the Delaware Code that is in effect only until January 1, 2019, and therefore does not require changes related to this Act. 
HB 301 w/ HA 2 + SA 1SignedHudsonThis Act allows the various at-large members of the Domestic Violence Coordinating Council to be appointed for 3-year terms and be eligible for reappointment. This change is requested by the Council.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
HA 1 to HB 239PassedRamoneThis amends the bill to authorize the Governor to appoint an acting County Executive instead of the County Chief Administrative Officer automatically becoming the acting County Executive. 
HS 1 for HB 302 w/ HA 2, HA 1 to HA 2, HA 3, HA 4SignedBentzThis Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WITH MENTAL ILLNESS.
HA 1 to HA 1 to HB 239PassedBaumbachThis amendment permits the person appointment by the Governor to be acting County Executive to be a candidate for that office in a special or general election. 
HB 340SignedPotterThis bill makes several updates and clarifications to the Interactive Fantasy Sports bill signed into law on July 26, 2017. The updates reflect the assignment of the regulation and tax administration to the Division of Gaming Enforcement and the Division of Revenue. This bill also allows for administrative expenses to be paid from the Interactive Fantasy Sports revenues. The bill requires persons who are in positions of control or authority of Interactive Fantasy Sports operators seeking to register in Delaware to submit to criminal background checks and provides for a basis for denial of an operator’s registration application if such individual has a criminal history. The bill also establishes administrative penalties for interactive Fantasy Sports operators who fail to comply with the law. Finally, this bill clarifies that season-long, friends and family games are exempt from licensing and enforcement requirements.AN ACT TO AMEND TITLE 29 AND TITLE 30 OF THE DELAWARE CODE RELATING TO INTERACTIVE FANTASY SPORTS CONTESTS.
SCR 48PassedSokolaThis Senate Concurrent Resolution observes the month of March, 2018 as “Athletic Training Month” in the State of Delaware and honors the Delaware Association of Athletic Trainers for its outstanding efforts to increase the health and safety of Delaware athletes.OBSERVING THE MONTH OF MARCH, 2018, AS “ATHLETIC TRAINING MONTH” IN THE STATE OF DELAWARE AND COMMENDING THE DELAWARE ASSOCIATION OF ATHLETIC TRAINERS FOR THEIR OUTSTANDING EFFORTS TO INCREASE THE HEALTH AND SAFETY OF DELAWARE ATHLETES.
HA 2 to HS 1 for HB 302PassedBentzThis Amendment makes the following changes to House Substitute No. 1 for House Bill No. 302: (1) Lines 1 through 5 makes existing law consistent with language used in Chapter 50 of Title 16. (2) Lines 6 through 7 removes a definition that is no longer necessary as the defined term is no longer included in § 1448C of Title 16. (3) Lines 8 through 28 reduce the amount of time between the Justice of the Peace Court’s order and a hearing in Superior Court by reducing the amount of time the Department of Justice has to file the petition and by setting a time for the Superior Court to hold a hearing. (4) Lines 29 through 48 places responsibility with the Relief from Disabilities Board for hearing requests for relief from the Superior Court’s order of relinquishment, but makes clear that the Board cannot hear requests for relief from the Justice of the Peace’s order. These lines also make clear that the Supreme Court will hear appeals only from the Superior Court’s order of relinquishment. (5) Lines 49 through 50 make technical corrections to correct drafting errors. (6) Lines 51 through 52 make the Act effective 6 months after enactment to prepare for implementation of the Act. 
HA 3 to HS 1 for HB 302PassedBentzThis Amendment makes the following changes to House Substitute No. 1 for House Bill No. 302: (1) Lines 1 through 4 clarify the type of report needed under § 5402 and § 5403 of Title 16 and how law enforcement makes the determination of probable cause in recognition of the fact that a report may, by itself, constitute probable cause. (2) Lines 5 through 15 clarify the law enforcement agency responsible for receiving or conducting searches for firearms or ammunition. (3) Lines 16 through 17 make technical corrections to correct drafting errors. 
HA 4 to HS 1 for HB 302PassedSmykThis amendment strengthens the duty to warn, by making it a mandatory report to law enforcement where a patient has communicated an explicit and imminent threat to kill or seriously injure another. This amendment properly balances the need to protect potential victims and places the responsibility on law enforcement and courts to determine whether the patient has access to firearms and ammunition and whether there is probable cause to believe the patient is dangerous to others. 
HA 1 to HA 2 to HS 1 for HB 302PassedBentzThis Amendment replaces "mental illness" with "mental condition," which is the defined term in Chapter 50 of Title 16. 
HA 2 to HB 301PassedHudsonThis amendment allows the various at-large members of the Domestic Violence Coordinating Council to be elected for 3-year terms and be eligible for reelection. This change is requested by Council. 

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Economic Development/Banking/Insurance/Commerce
Natural Resources
Public Safety & Homeland Security

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records