Daily Report for 6/7/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 3 to HB 3StrickenHeffernanThis amendment delays the enactment of the bill until April, 2019 to provide the Department of Human Resources and the school districts time to establish guidelines and procedures regarding parental leave. This amendment clarifies that the employees of all school districts employees, charter schools and vocational school districts are included in the bill. This amendment also clarifies that parental leave, FMLA and short-term disability are to run concurrently. This amendment establishes reporting requirements, which will enable the number of people using parental leave and the impact the program is having on retention and recruitment of employees to be evaluated. Finally, this amendment makes technical changes to the bill. 
HA 1 to HB 417PWBMatthewsThis amendment makes non-substantive, technical corrections by removing the proposed premium cigar tax rate cap under § 5305(c), Title 30 and reinserting the proposed language under § 5305(b). The purpose of the amendment is to clarify that the intent of the Bill is to not create a new tax but to cap the current tax rate provided under § 5305(b) for premium cigars. 
SA 1 to SB 197PassedLavelleThis amendment clarifies that mandatory expungement eligibility only applies if the applicant was originally charged with a misdemeanor possession of a marijuana offense and does not apply to charges that were reduced from more serious felony offenses. The amendment also corrects a typographical error.  
SS 3 for SB 23CommitteeEnnisSection 7042 of Title 25 of the Delaware Code lists the completion and cost of any capital improvements or rehabilitation work in a manufactured home community, as distinguished from ordinary repair, replacement, and maintenance, as a factor that may justify an increase in rent but only until the cost of the improvement has been fully recovered. Like Senate Substitute No. 2 for SB 23, this Act clarifies this provision by making the recovery of such capital improvement or rehabilitation work a fee under § 7008, the fee section of this chapter, so that it is a separate charge from rent and provides notice requirements regarding the fee. This Act provides a revised definition of capital improvement and rehabilitation work. This definition is placed in the definitions section of Chapter 70. Chapter 70 defines rent as including fees, preserving a community owner’s ability to enforce payment of the fee. By identifying this assessment as a fee, it is clearly identified as separate from a base rent increase. Senate Substitute No. 3 for Senate Bill No. 23 differs from Senate Substitute No. 2 for Senate Bill No. 22 as follows: 1. It removes lines from the definition of capital improvement or rehabilitation work that conflict with the rest of the definition. 2. It adds the requirement that capital improvement or rehabilitation work must benefit the entire manufactured home community. 3. It limits the correction of deficiencies to comply with changes to building codes or laws enacted after construction was completed. 4. It clarifies that the community owner must still comply with other provisions of the rent justification law, § 7042(a)(1) and § 7043 of Title 25, before imposing this fee. 5. Permits a challenge to the fee to be consolidated with other proceedings challenging a rent increase under § 7042 and § 7043 of Title 25. 6. It adds that the fee must be collected at a rate of 10% of the cost of the capital improvement or rehabilitation work or over the number of years necessary to not exceed 10% of the rent, whichever amount is lower. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT JUSTIFICATION.
HA 1 to HB 429StrickenBaumbachThis Amendment increases the number of Council members from 1 to 15 by adding the Chief Justice of the Delaware Supreme Court who may designate the Deputy State Court Administrator, who is responsible for overseeing the operations of the Judicial Information Center, to the Delaware Cyber Security Advisory Council. 
HB 448CommitteeHudsonThis act is the first leg of a constitutional amendment that protects parental rights.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PARENTAL RIGHTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HS 1 for HB 49SignedJaquesThis Act requires all new school construction and schools undergoing major renovations to incorporate the following safety features: a secured vestibule to be used as the primary entrance to screen visitors, installation of ballistic resistant glass or other ballistic resistant materials in all areas used to screen visitors, installation of a panic button or intruder alert system, and classroom doors that can be locked on the outside with a key or magnetic card locking system. Further, the Act provides that the Office of Management and Budget Facilities Management Section shall coordinate a review of construction plans with the Department of Homeland Security to verify compliance with this Act and evaluate the security and safety of new schools and schools planning major renovations. This Act shall be known as the “Representative Joseph E. Miro School Safety Act.” This bill is a substitute for and differs from House Bill 49 by using industry standard terms, requiring the installation of a panic button or intruder alert system, requiring that the Department of Education and Comprehensive School Safety Program annually provide best practices for ballistic and alarm capabilities to school districts and Facilities Management, and ensuring compliance with fire prevention regulations. AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY.
SS 1 for SB 85 w/ HA 1SignedHenryThis Act draws attention to the types of discipline used in schools by capturing data about out-of-school suspensions and publishing that data, in an effort to help schools identify areas where the data regarding out-of-school suspensions indicates there is room to reduce such suspensions. This Act is meant to increase transparency, improve overall school climate, resulting in improved student outcomes. The collection and publication of this data will also help the Department of Education and community partners identify opportunities to provide greater supports to schools, students, and their families. According to data provided by the Delaware Department of Education (“DOE”), thousands of Delaware students receive out-of-school suspensions each year for minor infractions, such as being unprepared or late for class, dress code violations, and disrespectful behavior. In 2013, only 2% of out-of-school suspensions were for serious offenses such as weapons, drugs, or serious violence. Out-of-school suspensions do not address the root causes for the misbehavior, and only serve to put the students further behind in class. Furthermore, DOE data shows that, in 2013, African-American students made up only 32% of the student body, but accounted for 62% of out-of-school suspension, and students with disabilities made up 13% of the student body, but accounted for 24% of out-of-school suspensions. Federal discipline guidance, developed jointly by the U.S. Departments of Education and Justice, instructs schools to commit to regular evaluation of school discipline policies and practices, and monitor progress toward the schools’ climate and discipline goals. The federal process requires schools to collect and publicly report disaggregated student discipline data and solicit feedback from students, staff, families, and community representatives. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. This Substitute Bill makes the following changes to Senate Bill No. 85: 1. References the existing definition of "disruptive behavior" in Title 14. 2. Includes "disability" as a category for data collection. 3. Extends by 1 year the years stated in the requirements to retain the same time frames. This is necessary because this Act will be enacted in 2018, not 2017 when it was drafted. 4. Clarifies what information is required for reports and provides deadlines for the required plans and reports. 5. Clarifies that schools must develop plans and strategies with stakeholder input. 6. Clarifies content for professional development. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE LAWFUL AUTHORITY OF TEACHERS OVER PUPILS.
HB 377 w/ HA 1SignedMitchellThis bill permits a County government to impose and collect a lodging tax of no more than 3 percent on hotel, motel, and tourist home rooms located in the unincorporated areas of the County.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO TAXES.
HB 388SignedPostlesSection 1 authorizes the disinterested members of the Town Council to determine if a council member meets the qualifications to be on council. Section 2 outlines the requirements for publishing a notice of solicitation of candidates for municipal elections, the filing requirement to run for Council, the procedures for resolving disputes over an individual’s qualifications to run for Council, and the notice of election requirements. Section 3 eliminates the prescribed time frame for having the polls open on the day of the municipal election and requires the polls to be open for at least 4 hours. Section 3 clarifies the duties of the Board of Elections, clarifies the qualifications to vote in an election, provides details regarding voting procedures and the conduct of the elections, and specifies the need for the Town to comply with 15 Del. C. Ch. 75 (“Municipal Elections”). Section 4 prohibits council members from taking office sooner than 7 days following the certification of the election. Section 5 eliminates a specific day of the month that the Town Council is required to meet. Section 6 requires the Town Council to act by a majority vote of the entire Town Council (and not just a majority of a quorum present at a meeting). Section 7 corrects an erroneous reference to the Council president and authorizes the Mayor or a member of Council to countersign checks. Section 8 eliminates the requirement that the Town Council appoint a police force. Section 9 authorizes the Town to recover from property owners those expenses incurred by the Town in the collection of delinquent Town taxes. Section 10 authorizes the Town to regulate public parking areas in Town. Section 11 eliminates detailed nuisance abatement procedures and authorizes the Town to adopt ordinances regulating nuisances and dangerous buildings. The Town is authorized to collect from the property owners, in the same manner as it collects delinquent taxes, those expenses incurred by the Town in abating a nuisance or dangerous building.AN ACT TO AMEND THE CHARTER OF THE TOWN OF BOWERS.
SB 192 w/ SA 1, SA 2SignedEnnisThis Act creates a special license plate to honor Delaware women’s military service and commemorate the unveiling of the Delaware Women’s Military Service Monument.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 193SignedSokolaThis Bill updates the State of Delaware’s False Claims and Reporting Act to make it compliant with the requirements of Section 1909 of the Social Security Act. Section 1909 of the Social Security Act provides a financial incentive for States to enact laws that establish liability to the State for individuals and entities that submit false or fraudulent claims to the State Medicaid Program. This incentive provides for a ten percent increase in the share of a qui tam recovery or settlement apportioned to the State. For a State to qualify for this incentive, State law must meet certain requirements enumerated under Section 1909(b) of the Social Security Act, so that the State’s law is at least as effective as the Federal False Claims Act. After review by the Office of Inspector General for the United States Department of Health & Human Services (“OIG-HHS”), it was determined that Delaware’s current False Claims and Reporting Act fails to meet the requirements of Section 1909(b) of the Social Security Act. OIG-HHS has granted Delaware a two-year grace period, ending December 31, 2018, to address these deficiencies. This bill amends the False Claims and Reporting Act to bring it into compliance with the requirements of Section 1909(b). AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE FALSE CLAIMS AND REPORTING ACT.
SB 198SignedEnnisThis Bill eliminates the prohibition against hunting for deer on Sundays. Additionally, it maintains the applicable agency regulating public lands authority and discretion to regulate, including prohibition of, deer hunting on Sundays. Lastly, the bill allows for the harvesting of deer on Sundays through DNREC’s deer depredation programs.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH.
SB 204SignedHocker Section 1 through 4 of this Act establish interim standards and criteria in order to permit redevelopment projects to move forward while revised regulations are being drafted. The interim standards set forth in this Act would effectively "sunset" upon the adoption of regulations governing redevelopment. The redevelopment regulations, upon formal adoption, would supersede the provisions of the Bill. Section 4 corrects an oversight in prior legislation, which extended the time frame for Department review of delegated projects from 3 to 5 years, but failed to extend the effective date of delegation from 3 to 5 years. Section 5 codifies current and proposed regulations as they pertain to stormwater management to ensure consistency. Section 6 is intended to clarify the procedural status of supporting materials published by DNREC to facilitate compliance with the Regulations, in light of the Order of the Delaware Supreme Court in Baker v. DNREC, No. 552, 2015 (April 15, 2016), affirming the Memorandum Opinion of the Honorable T. Henley Graves of the Superior Court, dated October 7, 2015. Consistent with the Delaware Administrative Procedures Act, regulatory guidance documents, interpretive rules, and general statements of policy adopted pursuant to this exception must still be published in the Delaware Register of Regulations, in order to provide notice of the changes. The language confirming the exemption is drawn from federal administrative law, 5 U.S.C.A. §553, and equivalent provisions of the New Jersey Code, 52:14B-3a, governing such supporting materials. The regulatory guidance documents, interpretive rules, and general statements of policy may not be used by DNREC to impose new or additional requirements on regulated parties, and may not be used, instead of the Code provisions and the Stormwater Regulations, as a basis for enforcement. Such materials are therefore not regulations, and not are not subject to the notice, hearing, or comment procedures of the Administrative Procedures Act or Title 7, or the Regulatory Flexibility Act. Rather, DNREC is free to publish periodic updates and revisions of its technical manuals, checklists, forms, and policy memos, to assist regulated parties in compliance with the Regulations. Section 7 creates a sunset date for sections 1, 2, and 5 to give the Department additional time to fully enact regulations. It is the intent that sections 1, 2, and 5 will sunset upon having a finalized version of Sediment and Stormwater Regulations. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO STORMWATER MANAGEMENT.
SB 206SignedHansenFar too many Delawareans have been personally affected by addiction and substance use disorder and have experienced the tragedy of watching loved ones suffer from this chronic disease. Nearly 2,000 individuals in Delaware suffered a non-fatal overdose in 2017, but data suggest that many of these individuals continued to be prescribed opioid pain medications or did not receive substance use disorder treatment. This Act links specific patient care data related to overdose collected by the Office of Emergency Medical Services or the Office of the State Epidemiologist with data in the Delaware Prescription Monitoring Program (“PMP”). This Act will foster best practices in the use of health information, to ensure that consistent, humane, evidence-based treatment and care is available and provided to those suffering from substance use disorder or non-fatal overdose. Linking this data may assist prescribers and pharmacists in the identification of substance use disorder and promote safer prescribing. This Act also provides prescriber and dispenser identified data to the PMP Advisory Committee and the Addiction Action Committee, which will enable these committees to do the following: 1. Appropriately identify prescribing and dispensing patterns of concern. 2. Make recommendations to the PMP administrator. 3. Provide targeted education to those individuals whose prescribing or dispensing practices are outliers from the Delaware average. This Act also makes technical corrections 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 THE PRESCRIPTION MONITORING PROGRAM.
SB 218SignedSimpsonThis bill amends Title 24 of the Delaware Code by changing the qualifications for a Professional Art Therapists. For those graduating with a master's degree prior to January 2013, a master's degree from an accredited educational institution in an art therapy program that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred is required. AN ACT TO AMMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE LICENSURE OF ART THERAPISTS.
SB 220SignedHockerThis bill creates two new vehicle license plates promoting and supporting both saltwater and freshwater fishing in the State of Delaware. The proceeds associated with The Delaware Sport Fishing License Plate, has a mission of undertaking initiatives that will enhance the pleasure of both saltwater and freshwater recreational fishing throughout the State of Delaware.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES.
SB 223 w/ SA 1Out of CommitteeSokolaThis Act adopts the Uniform Law Commission’s Revised Uniform Athlete Agents Act (“Revised Act”), revising Chapter 54, Title 24 of the Delaware Code, which is based on the Uniform Law Commission’s Uniform Athlete Agents Act (“Uniform Act”). In the early 2000s, Delaware and 42 other states adopted the Uniform Act. Delaware’s version of the Uniform Act included a Board of Athlete Agents Examiners (“Board”), which was sunsetted by the Joint Legislative Oversight and Sunset Committee in 2012 and removed from the Delaware Code by Senate Bill 184 of the 146th General Assembly (78 Del. Laws, c. 376). In addition to removing provisions related to the Board, Senate Bill 184 also removed provisions requiring athlete agents doing business in Delaware to be registered and subject to administrative oversight. In 2015, the Uniform Law Commission adopted the Revised Act to enhance protections for student athletes and educational institutions, create a uniform body of athlete agent registration information, and simplify the registration process. The changes made to the Uniform Act by the Revised Act became necessary as athlete agent tactics have become more advanced and the industry has become more sophisticated. The need for the Revised Act is highlighted by a recent FBI investigation into athlete agent activities related to the college basketball programs at a number of Division I schools. The Revised Act provides additional safeguards for student athletes by requiring that athlete agents be licensed and that agency contracts contain specific notice provisions. The Revised Act has been enacted by 11 states, with 3 of those enactments occurring this year, passed both chambers of the Minnesota legislature, and is currently being considered in the North Carolina legislature.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ATHLETE AGENTS.
SA 1 to SB 192PassedEnnisThis Amendment clarifies that any service member, not just an enlisted member, may qualify for this special license plate. This Amendment also provides that this special plate may be transferred to a surviving spouse upon the Department's receipt of information that the individual to whom the special plate was issued has died. 
SA 2 to SB 192PassedEnnisThis Amendment corrects a typographical error. 
SA 1 to SB 223PassedSokolaThis Amendment establishes an effective date to accommodate the Act’s implementation. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 65SignedMcDowellConversion therapy is a practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy has been rejected by all mainstream medical and mental health organizations, and there is no credible evidence that it is effective. Moreover, this practice poses enormous health risks to LGBTQ youth, including an increased sense of shame, guilt, hopelessness, stress, and anger, thus increasing the risk of anxiety, depression, and self-harm. The harm done by conversion therapy can last well into adulthood. Therefore, this Act makes it unprofessional conduct or a ground for discipline for individuals granted a certificate to practice medicine under Chapter 17 of Title 24 or licensed under Chapter 19 of Title 24 (regarding nurses), Chapter 30 of Title 24 (regarding mental health and chemical dependency professionals), Chapter 35 of Title 24 (regarding psychologists), and Chapter 39 of Title 24 (regarding clinical social work examiners) to engage in conversion therapy with a child or to refer a child to a practitioner in another jurisdiction to receive conversion therapy. This Act also prevents the Department of Services for Children, Youth and Their Families from engaging in conversion therapy with a child or recommending that a child receive conversion therapy. Additionally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 24 AND 29 OF THE DELAWARE CODE RELATING TO CONVERSION THERAPY.
HB 165 w/ HA 3 + SA 2DefeatedBaumbachThis Act permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers so long as it is done through a common carrier with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year; and limits the total amount of wine that the direct shipper of wine can ship directly to Delaware consumers to 1,800 9-liter cases annually. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.
SS 1 for SB 80 w/ SA 1, SA 2SignedMcDowell This Act replicates and extends to electric and natural gas utilities the same authority that has previously been granted to water utilities. This authority allows for the implementation of an interim rate mechanism already in existence for water utilities in an effort to reduce volatility and the costs to electric and natural gas customers. By way of background, the General Assembly enacted § 314 of Title 26 of the Delaware Code in 2001 to provide an efficient interim rate mechanism to foster investments in needed infrastructure improvements for water utilities, including those mandated by government agencies. With this Act, the same provisions are now extended to public utilities providing electric and/or natural gas services. Doing so will help address concerns with the frequency and volatility of electricity and natural gas distribution rates, as well as the cost to customers of general rate proceedings. The Act requires annual audits and annual reconciliations and empowers Staff for the Public Service Commission and the Delaware Public Advocate to review such expenditures and raise concerns with the Commission should they exist.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.
HB 235 w/ HA 1SignedMulrooneyThis bill encourages spaying, neutering, and vaccination in order to limit the number of unwanted cats and protect the public from rabies and other diseases carried by unvaccinated animals. The bill defines “free-roaming cats” and also “free-roaming cat caretakers,” who are one or more persons who may provide food, shelter, or medical treatment for free roaming cats without becoming an “owner” for legal purposes. These cats may be released back into the community with an “ear-tip” to mark them as a vaccinated and spayed/neutered. It also adds free-roaming cats to the list of qualifying factors for participation in the state low-cost spay/neuter fund.AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO STERILIZATION, LIFE AND SUSTAINING CARE OF CATS.
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.
HB 354SignedOsienskiThis Act makes the Delaware equal accommodation law internally consistent, correctly organized, and aligned with the Americans with Disabilities Act ("ADA"). This Act corrects the potential for confusion in Chapter 45 of Title 6 in the following ways: 1. The current law states that the purpose of Chapter 45 is to prohibit discrimination based upon physical disability but Chapter 45 actually prohibits discrimination against individuals with physical or mental disabilities. This Act corrects the purpose language in § 4501 of Title 6 by changing the term "physical disability" to "disability" so that it accurately states the scope of the protection provided by of Chapter 45. 2. The current law uses the term "support animal" while the ADA and other states use the term "service animal." This Act replaces the term "support animal" with "service animal" to use the same term as the ADA. 3. The current law defines "support animal" as assisting only individuals with physical disabilities and does not address service animals that assist individuals with nonphysical disabilities, even though Chapter 45 prohibits discrimination against individuals with physical or mental impairments. This Act uses the ADA definition of service animal, which requires that the dog be trained to do work or perform tasks for an individual with a disability. 4. The current law places the prohibition against discriminating against an individual with a support animal in the definition section rather than in the prohibited practices section. This Act moves the requirement that a service animal be permitted to accompany an individual with a disability in public places from the definition of disability to the statute that lists unlawful practices. With these corrections, this Act restructures and corrects the language in Chapter 45 of Title 6 so that it is consistent with the ADA and clear that an individual with any disability, including an individual with Post-Traumatic Stress Disorder or other psychiatric, intellectual, or mental disability, may be accompanied by a service animal in a public place. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.
HB 399 w/ HA 1 + SA 4PassedLonghurstThis is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights amendment, women's rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.
HB 368 w/ HA 1SignedViolaThis Act creates the Green Alert Program to aid in locating missing members of the armed forces, including veterans, who have a physical or mental health condition that is related to their service. This Act is modeled after Delaware’s existing Gold Alert and Blue Alert Programs. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GREEN ALERT PROGRAM FOR CERTAIN MISSING PERSONS.
HB 401SignedHeffernanCurrently the US FDA is reviewing a New Drug Application (NDA) of a pharmaceutical product containing cannabidiol (CBD) to treat patients with rare pediatric seizure disorders. If approved, this drug will be required to be prescribed and dispensed like other FDA approved products. However, to make sure that this product and future FDA approved marijuana containing products are available to patients as soon as possible, a change in Delaware law is required. This bill would exempt federally lawful FDA approved marijuana containing products from Schedule I of the state’s Controlled Substances Act until they are rescheduled under Delaware law. This would allow patient access to new therapies without an administrative delay, and allow FDA approved marijuana containing medicines to be prescribed, dispensed and regulated like other FDA approved pharmaceutical products. Illegal possession or sale of these drugs would be prosecuted as any other violation of the Controlled Substance Act.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CONTROLLED SUBSTANCES ACT.
HS 1 for HB 222 w/ HA 3SignedBentzThis Substitute Act incorporates House Bill No. 222, and also makes the following changes to House Bill No. 222: (1) Creates a new Chapter of Title 10, which permits a family member or a law enforcement officer to obtain a lethal violence protective order. (2) Permits a family member or law enforcement officer to obtain an emergency lethal violence protective order in Justice of the Peace Court if the Court finds probable cause to believe that a respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm. The order requires the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms, and grant permission to law enforcement to search for and seize firearms. If an emergency order is issued, the Superior Court must hold a full hearing within 15 days. (3) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an lethal violence protective order, order an individual not to reside with a 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. (4) Permits a respondent to request termination of the order in Superior Court wherein the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm. (5) Creates sanctions for a person who provides false information in the affidavit or verified pleading in order to obtain a lethal violence protective order. (6) Creates sanctions for a person who violates a lethal violence protective order by adding lethal violence protective order to Section 1271A of Title 11, making a violation of the order Criminal contempt. (7) Changes the effective date of this Act to 6 months after its enactment.AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTION ORDERS.
HB 412SignedB. ShortThis Act amends § 918 of Title 5 of the Delaware Code, which sets forth limitations on pledging or hypothecating assets of banks and trust companies, to modernize these limitations to apply to the current practices of banks and trust companies while not affecting the safety and soundness of banks and trust companies. Section 1. This section amends § 918 of the Delaware Code (i) to clarify that the limitations in § 918 apply to pledges and hypothecations to secure guarantees, credit exposures, or other potential liabilities in addition to borrowings; (ii) to exclude from the limitations in § 918 any pledge, hypothecation, repledge, or rehypothecation by a bank or trust company supervised by a federal banking agency if the pledge, hypothecation, repledge, or rehypothecation is permitted under applicable federal law or regulations or orders promulgated thereunder by the federal banking agency; and (iii) to make technical changes to update § 918 to conform to the standards of the Delaware Legislative Manual. AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON PLEDGING OR HYPOTHECATING ASSETS OF BANKS AND TRUST COMPANIES.
HB 414 w/ HA 1, HA 2SignedD. ShortThis bill amends the Charter of the Town of Blades to allow annexation without a referendum only if the property to be annexed requests the annexation. Also, if a petition of over 10% of eligible voters requesting a referendum is submitted with 30 days of Council approval, then a referendum must be held. The cost of a referendum when a contiguous property owner desires to come into Blades to obtain their utilities and services seems unnecessary.AN ACT TO AMEND THE CHARTER OF THE TOWN OF BLADES RELATING TO ANNEXATION.
HA 1 to HB 368PassedViolaThis Amendment broadens the definition of "veteran" to include anyone who has served in the United States Armed Forces, including the National Guard or reserves. This Amendment also makes a technical correction. 
HB 435SignedBaumbach This bill permits the Council of the City of Newark to impose and collect a lodging tax of no more than 3 percent on hotel and motel rooms located in the City of Newark so long as it is approved by a majority of the council pursuant to the provisions of the Charter of the City of Newark. AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK RELATING TO THE POWERS OF COUNCIL.
HA 1 to HB 414PassedD. ShortThis amendment makes a technical correction. 
HA 1 to HB 235PassedMulrooneyThis amendment prevents the relocation of any free roaming or feral cat to any coastal area recognized to be located within a migratory bird flyway, such as Prime Hook National Wildlife Refuge, Bombay Hook National Wildlife Refuge, and Fort DuPont. This amendment also makes technical corrections to House Bill No. 235. 
HA 3 to HB 165PassedViolaThis Amendment removes the requirement that a person employed by a carrier permit holder who delivers packages completes the alcoholic beverage server training program. Instead, the Amendment requires that the person be provided with information relating to checking identification and obtaining signatures for alcohol shipments. This Amendment also makes technical changes. 
HA 3 to HS 1 for HB 222PassedBentzThis amendment provides that only a law-enforcement officer can petition the Justice of the Peace Court for an emergency order. This amendment changes the burden of proof for the issuance of the lethal violence protective order in an emergency hearing from probable cause to preponderance of the evidence. This amendment also clarifies that a lethal violence protective order issued by Superior Court is effective for up to 1 year. This amendment further clarifies that the Justice of the Peace Court’s office and the Superior Court’s Prothonotary’s office will provide forms and instructions for obtaining a lethal violence protective order. Finally, this amendment clarifies that if Superior Court or Justice of the Peace Court issues a lethal violence protection order, the Court is required to order the relinquishment of firearms and ammunition owned, possessed, or controlled by the respondent. This amendment also makes technical corrections 
HA 2 to HB 414PassedD. ShortThis amendment makes a technical correction to clarify when a referendum is not necessary. 

Senate Committee Assignments

Judicial & Community Affairs

House Committee Assignments

Health & Human Development
Natural Resources
Public Safety & Homeland Security
Revenue & Finance

Senate Committee Report

Judicial & Community Affairs

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 4 to SB 65DefeatedCollinsThis amendment clarifies that a professional is not engaging in conversion therapy or unprofessional conduct by treating a patient in the manner that the patient requests or consents to in order to assist the patient achieve their objective or goal. It further clarifies that if the patient is a child, the parent or guardian of the child must also consent to the treatment or practice. 

Nominations Enacted upon by the Senate

No Records