Daily Report for 4/26/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 28PassedBradyThis House Resolution recognizes April 28, 2018, as Workers Memorial Day.RECOGNIZING APRIL 28, 2018, AS WORKERS MEMORIAL DAY.
HA 1 to HB 378PWBSmykThis amendment aligns the definition of law enforcement officers who are protected by this bill with the definition of law enforcement contained in Title 11. 
HA 1 to HS 1 for HB 346DefeatedBriggs KingThis amendment eliminates criteria that unfairly considers the income of a spouse who is not an obligor on the student loan, and unfairly prioritizes applicants with dependents over those without dependents. 
HB 389CommitteeBriggs KingThis bill allows real property tax itemized deductions to continue in Delaware notwithstanding recently enacted changes to federal income tax laws.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO ITEMIZED DEDUCTIONS.
SB 186CommitteeLavelleThis Act requires the Secretary of the Department of Natural Resources and Environmental Control to direct 35% of the funds from the auction of the Regional Greenhouse Gas Initiative CO2 allowances to the Sustainable Energy Utility and 30% of the funds to the Water Infrastructure Advisory Council. This Act then requires the Water Infrastructure Advisory Council to develop and recommend projects to the General Assembly that are to be funded by these funds, consistent with § 8011(e) of Title 29. This Act further requires that these funds be expended only as authorized by the annual bond and capital improvement act or other act of the General Assembly. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE FUNDS FROM THE AUCTION OF THE REGIONAL GREENHOUSE GAS INITIATIVES' CO2 ALLOWANCES.
SA 2 to SS 1 for SB 80PassedMcDowellThis amendment makes a technical correction to ensure there is no double counting of costs through any potential settlement of rate cases and clarifies proposed rate case filings.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 84 w/ HA 1SignedPettyjohnThis Act makes consistent the amount of time that the Court "looks back" to determine if the current offense is a second offense for the purposes of sentencing. This Act applies to Traffic offenses, but it would not be applicable to DUI cases.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SECOND AND SUBSEQUENT OFFENSES
SA 1 to SB 113PassedLavelleThis amendment adds a 3/4 voting requirement which is required by the constitution. 
SB 157 w/ SA 1SignedTownsendExpedited partner therapy (EPT) is the clinical practice of treating the sex partners of patients diagnosed with a sexually transmitted disease without clinical assessment of the partners. In August 2006, the Centers for Disease Control and Prevention (CDC) recommended EPT as an evidence-based option to manage chlamydial infection and gonorrhea by treating index patient’s sex partners to prevent reinfection and curtail further transmission. As of July 2017, EPT is permissible in 41 states. This Act makes EPT clearly permissible in Delaware and requires that health care professionals provide information developed by the Department of Health & Social Services when providing EPT. This Act provides immunity to health care practitioners and pharmacists acting in compliance with the statute and also provides immunity to health care practitioners who do not provide EPT and pharmacists who do not fill a prescription written under this statute if doing so would violate any of the laws that govern pharmacies and pharmacists. This Act also makes technical corrections to the definitions section to correct a reference and to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EXPEDITED PARTNER THERAPY.
SB 166SignedHenryThis Act requires that feminine hygiene products be provided free of charge to individuals in custody at facilities operated by the Department of Correction and facilities operated by the Department of Services for Children, Youth and Their Families. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.
HCR 81PassedYearickThis Resolution recognizes Delaware's Byways Program as one of the best ways to experience Delaware's beauty.RECOGNIZING DELAWARE'S BYWAYS PROGRAM.
HCR 80PassedMatthewsThis concurrent resolution designates April 25, 2018, as Engineering and Technology Education Day.DESIGNATING APRIL 25, 2018 AS ENGINEERING AND TECHNOLOGY EDUCATION DAY IN THE STATE OF DELAWARE.
HCR 77PassedSchwartzkopfThis resolution supports designating the month of April 2018 as “National Donate Life Month”, which recognizes those and the families of those who have donated organ, eye and tissue, as well as supports and encourages the donation of organ, eye and tissue.RECOGNIZING THE MONTH OF APRIL 2018 AS "NATIONAL DONATE LIFE MONTH" IN DELAWARE.
SA 1 to SB 157PassedTownsendThis Amendment permits a pharmacist to recognize a prescription written under this Act. 
SS 1 for SB 144 w/ HA 2SignedBushwellerThis Substitute Act implements certain recommendations adopted by the Lottery & Gaming Study Commission in 2015 and the Video Lottery Advisory Council in 2017, in recognition of significant changes in the regional gaming marketplace and the State’s desire to remain competitive in the face of a proliferation of gaming venues in neighboring states. This Substitute Act adjusts the revenue sharing model in a way that ensures that the State continues to benefit from video lottery proceeds, ensures continued employment and horse racing at the State’s three video lottery facilities, and ensures that the video lottery agents will be able to reinvest capital in their facilities, market their facilities, and maintain their high standards of customer service. Effective July 1, 2018, this Substitute Act does all of the following: 1. Reduces the State’s share of gross table game revenues from 29.4% to 15.5%. 2. Suspends the table game license fee due June 1, 2019, and continues to suspend the fee in subsequent fiscal years if each agent increases expenditures on marketing, wages, and benefits by its pro rata share of the license fee. 3. Increases purses for horsemen by 0.6%, phased-in over two years. 4. Reduces the State’s share of gross slot machine revenues from 43.5% to 41.5% or 42.5% to 40.5%, as applicable, with additional reductions of 2% possible for each video lottery agent starting with the fiscal year beginning July 1, 2019, based on qualified capital expenditures reaching 3% of video lottery net proceeds. The Substitute Act also removes the prohibition against video lottery agents operating on Christmas or Easter. The Substitute Act differs from the Act with respect to the increases in purses for horsemen, a revised basis upon which to calculate the State’s share of gross slot machine and table games revenues, and requirements for video lottery agents to increase capital expenditures, marketing, wages, and benefits to continue the suspension of table game license fees and receive additional reductions in the State’s share of video lottery net proceeds. Sections 2, 5, and 6 of this Substitute Act are drafted to amend the law in effect at the time the changes are to take effect.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LOTTERIES.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 153 w/ SA 2SignedHansenThis Act creates the Delaware Native Species Commission ("Commission"), which is one of the recommendations of the Statewide Ecological Extinction Task Force, created by Senate Concurrent Resolution No. 20 of the 149th General Assembly. The Commission will terminate 10 years from enactment unless extended by the General Assembly.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.
SB 154 w/ HA 1SignedHockerSection 1 eliminates the need to use an ordinance to appoint a Town Manager and specifies that all departments, including the Police Department, report directly to the Town Manager. Section 2 outlines the Town Manager's responsibility for the Police Department. Section 3 eliminates the organizational details of the beach patrol. AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY.
HB 324 w/ HA 1SignedKowalkoThis Act requires that the Office of Child Care Licensing include application forms, the specific requirements to obtain a license, and due process provisions in regulations to ensure that child care providers have clear notice of what is required, the opportunity to comment on proposed changes, and an opportunity to correct minor deficiencies before they are posted on the Office of Child Care Licensing’s website as an instance of noncompliance. This Act also repeals language regarding implementation of the current section that is no longer necessary. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT.
HB 326 w/ HA 1, HA 2SignedK. WilliamsThis Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVANCE SCHOLARSHIP 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 HB 326PassedK. WilliamsThis amendment makes a technical change to delete redundant language. 
HA 2 to HB 326PassedK. WilliamsThis Amendment clarifies the meaning of "tuition" for purposes of the Act. 
HJR 11SignedMiroThis resolution honors Boyd and Liane Sorenson by designating the new Valley Road Pedestrian Pathway between Evanson Road and Lantana Square as "Sorenson's Way".HONORING BOYD AND LIANE SORENSON BY DESIGNATING THE NEW VALLEY ROAD PEDESTRIAN PATHWAY BETWEEN EVANSON ROAD AND LANTANA SQUARE AS "SORENSON'S WAY".
HB 369 w/ HA 1SignedOsienskiThis Bill expands the offense of falsifying business records by including the act of altering or modifying and creating false medical records. Currently, no specific statute exists to prevent a person from falsely creating, altering, or modifying a medical record. Expanding the offense of falsifying business records to include medical records will be a useful tool for combating healthcare provider fraud, protecting patients, and assisting patients in ensuring the integrity of their medical records.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE FALSIFICATION OF BUSINESS RECORDS.
HB 373SignedCarsonThe Bill amends Title 4 to permit licensed Delaware craft distilleries, breweries, and wineries the ability to sell products produced by other Delaware craft distilleries, breweries, and wineries for on-site consumption, only. The products sold must be purchased through the existing three-tier system (i.e., wholesalers or traditional retailers).AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATED TO ALCOHOLIC LIQUORS.
HA 1 to HB 369PassedOsienskiThis Amendment further expands the offense of falsifying business records to include a person who causes the alteration or modification of a medical record or causes the creation of a false medical record.  
HA 1 to SB 154PassedGrayThis Amendment clarifies the relationship between the Town Manager and the Chief of Police. 

Senate Committee Assignments

Banking, Business & Insurance
Elections & Government Affairs
Environmental, Natural Resources & Energy

House Committee Assignments

Revenue & Finance

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

Dorak, DrewConfirmedUnemplyment Insurance Appeal BoardNew
Harrison, W. JamesConfirmedAdult Correction Healthcare Review CommitteeReappointment
Heckscher, ChristopherConfirmedNatural Areas Advisory CouncilReappointment
Sikora, BarbaraConfirmedState Board of ElectionsNew
Wicks, DeborahConfirmedLottery CommissionNew