Daily Report for 6/20/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 472CommitteePostlesThis bill removes two out-of-date sections of the Division of Motor Vehicles' code. The first section to be deleted relates to a prohibition against a person displaying any card, sign, insignia, etc. of the Delaware Automobile Association unless they are a member of that Association. DMV believes the Association no longer exists as a separate entity. The second section relates to requirements for any vehicle provided by a railroad company that is used to transport railroad employees. DMV advises this section has never been enforced to anyone's knowledge.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.
SCR 69PassedRichardsonThis Senate Concurrent Resolution creates a Delaware Youth Drug Prevention Curriculum Task Force to examine available drug prevention programs and to recommend a course of action to educate our youth about the dangers of drug, alcohol, and tobacco use to reduce the chance that youth will experiment with these substances.CREATING THE DELAWARE YOUTH DRUG PREVENTION CURRICULUM TASK FORCE.
SCR 71PassedHenryThis Senate Concurrent Resolution supports the Ad Hoc Committee for Child Support Formula Review's proposed revision to Family Court Rule of Civil Procedure 506.SUPPORTING THE AD HOC COMMITTEE FOR CHILD SUPPORT FORMULA REVIEW'S PROPOSED REVISION TO FAMILY COURT RULE OF CIVIL PROCEDURE 506.
SCR 70PassedHenryThis Senate Concurrent Resolution creates a Medicaid Buy-In Study Group to study the adoption of an expanded Medicaid Buy-In program that would allow Delawareans with incomes above 138% of the Federal Poverty Level to purchase insurance coverage through the Medicaid program.CREATING A MEDICAID BUY-IN STUDY GROUP.
SCR 73 w/ HA 1PassedHenryThis Resolution creates a Shift Worker Protection Study Group to identify best practices to reduce the unpredictability of shift worker schedules.CREATING A SHIFT WORKER PROTECTION STUDY GROUP.
SR 21PassedPooreThis Senate Resolution promotes awareness of the rare disease hypophosphatemic rickets.PROMOTING AWARENESS OF THE RARE DISEASE HYPOPHOSPHATEMIC RICKETS.
SR 22PassedHockerThis resolution calls upon the Delaware Department of Transportation to immediately undertake a study to determine the feasibility of, and provide cost estimates for, widening and creating a shoulder/bike path along the length of Double Bridges Road.CALLING UPON THE DELAWARE DEPARTMENT OF TRANSPORATION TO UNDERTAKE THE PLANNING PROCESS TO MAKE IMPROVMENTS TO DOUBLE BRIDGES ROAD IN FRANKFORD.
HB 473CommitteeBrady This act makes various edits to the existing Medical Marijuana Act, including, but not limited to: • Adding requirements for registration of a compassion center, including information about any labor peace agreement with a bona fide labor organization assuring an uninterrupted supply of medicine, and to disclose any record of previous violations, investigations, citations, administrative proceedings, or lawsuits related to any laws or regulations relating to employment, workplace safety, wages and compensation, discrimination, any other worker protections, tax, or any other relevant laws and regulation by any business owned or operated by the applicant, principal, or managerial employees. • Expands the authority of the Department to include evaluation of compassion center registration certificate renewals. • Expands considerations by the Department for an applicant of a compassion center to include the centers plan to maintain pesticide free medical marijuana, the center's employment standards, and evidence that they have no history of disciplinary action and/or investigations. • Includes in the criteria for compassion center and safety compliance facilities renewals to submit any history of disciplinary action and/or investigations. • Removes the requirement for volunteers of compassion center, or registered safety compliance facilities to undergo background checks every 5 years. • Requires a compassion center or a registered safety compliance facility to report any legal proceedings, judgments, or government investigations against them, or its owners, principals or managerial employees and to provide sufficient compensation to support the worker’s family, health and welfare, and cost of living. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEDICAL MARIJUANA ACT.
SS 1 for SB 176LOTHansenThis Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is assessed on manufacturers of prescription opioids as follows: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed against manufacturers who exceed a threshold of MME dispensed each quarter. 3. The Fee is assessed as follows: • One penny per MME for a prescription opioid dispensed and reported in the PMP. • One-quarter of a penny per MME for a prescription opioid that is a generic. The money in the Prescription Opioid Impact Fund must be spent on the following activities: 1. Opioid addiction prevention. 2. The following opioid addiction services: • Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. • Treating substance use disorder for the under-insured and uninsured. • Emergency assistance relating to prescription opioids, including purchasing Naloxone. 3. Research regarding opioid addiction and treatment. 4. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. The Addiction Action Committee will award grants and contracts from the money in the Fund, based upon priorities developed in consultation with the Behavioral Health Consortium. A standing subcommittee of the Addiction Action Committee that does not contain any State employees will make the recommendations regarding the awards of the grants and contracts. This Substitute Bill differs from Senate Bill No. 176 as follows: • Adds additional whereas clauses to further explain the background for the Fund and Fee. • Gives responsibility for the Fee to the Secretary of State instead of the Secretary of the Department of Health and Social Services, because the PMP and the Controlled Substances Act are under the Secretary of State. • Removes the ability to use the funds from the Fee for Medicaid, and restricts appropriations to specifically-listed activities. • Prohibits using the Fund to supplant existing State funding. • Permits a manufacturer to challenge an invoice for a prescription opioid impact fee through the existing appeal process under the Controlled Substances Act. • Gives responsibility for appropriating funds from the Fund to the Addiction Action Committee. • Lowers the amount of the impact fee for generic drugs. • Establishes a minimum threshold before manufacturers are assessed the Fee. • Removes the restriction on raising prices to consumers because the Fee is unlikely to materially increase the price of prescription drugs because those prices are set on a national basis. • Provides explicitly that the Attorney General may recover interest and reasonable attorney fees and costs in a successful lawsuit to enforce this Act. • Clarifies that the Secretary of State develops the rules and regulations for implementing the Fee. And the Addiction Action Committee, with the Secretary of the Department of Health and Social Services, develops the rules and regulations for implementing the Fund. • Revises the reporting requirements on how money from the Fund is spent. • Provides clear permission to share the PMP data with the Addiction Action Committee, Secretary of State, and Attorney General for the purposes of administering and enforcing this chapter.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A PRESCRIPTION OPIOID IMPACT FUND.
HA 1 to HB 465PassedSchwartzkopfThis Amendment corrects a typographical error. 
HA 1 to HB 454PWBRamoneThis amendment removes an exception for golf courses and other recreational uses in the definition of what is included as previously developed land. 
SJR 5SignedMcDowellThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2018.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2018.
HA 1 to HB 444PWBJ. JohnsonThis amendment makes a technical correction. 
SJR 6SignedMcDowellThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2019.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2019.
SA 2 to SB 225PassedHansenThis Amendment makes Section 4 and Section 5 of this Act, which cover the state employee plan and Medicaid, effective when funds are appropriated to implement it. 
HA 1 to HB 413PassedParadeeThis amendment identifies the relevant information that must be disclosed by insurers and claimants prior to the time that a lawsuit is filed when disclosure of policy limits is requested by a claimant or claimant's attorney. 
HA 1 to SB 246PassedHeffernanPursuant to this amendment, county and municipal governments may only rent public park lands for recreational purposes and related activities. 
SA 1 to SB 251PWBBushwellerThis Amendment lowers the current monthly assessment by $0.50 and redirects $0.50 of the current assessment to the Delaware Manufactured Home Owner Attorney Fund. This removes the three-fifths vote requirement because this Act is not creating or increasing a new fee. 
SA 1 to SB 201PWBBushwellerThis Amendment changes the percentage rate for tax exempt properties in county seats with populations under 50,000 to 100%. The amendment also raises the annual cap on the amount distributed to $6,725,000. 
SA 2 to SB 201PWBBushwellerThis amendment changes the percentage rate for tax exempt properties in county seats with populations under 50,000 to 50%. The amendment also raises the annual cap on the amount distributed to $5,500,000. 
SA 1 to SB 244PassedWalshThis amendment makes a technical correction, clarifies the role of the Committee on Employment and Social Services in facilitating employment of TANF recipients, and adds fraud and waste to the topics to be covered in the Committee's Annual Report.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 3 w/ HA 4SignedHeffernanThis legislation requires that all full-time employees of the State, including employees of school districts, continuously in the employ of the state for at least one year, shall be eligible for 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger. Both parents would be eligible for such leave. Employees shall continue to have the right, as they do under current law, to use accrued sick leave for maternity and paternity purposes. This legislation leaves intact the rights of persons adopting a child over 6 years of age to take unpaid leave. Due to lack of adequate paid family leave policies, many parents must return to work sooner than is optimal for the health of mothers (in the case of biological birth) and children. Granting paid leave will contribute to the establishment of parent-child bonds, breastfeeding establishment, and allow infants to receive vaccines and develop stronger immune systems prior to entering daycare. Further, a more generous leave policy will increase the productivity of workers and reduce employee turnover. This Act takes effect January 1, 2019. The Office of Management and Budget is directed to establish guidelines for the implementation of this Act.AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO FAMILY LEAVE.
HB 248SignedBentzThis Act removes from the definition of “free standing emergency departments” those emergency departments that are owned by an existing, licensed hospital in this State that has already been authorized and licensed to provide emergency services. This Act also makes technical changes. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO URGENT CARE FACILITIES.
HB 334SignedParadeeThis Act authorizes the Insurance Commissioner to issue conditional certificates of authority to captive insurance company applicants, which authorizes the captive insurance company applicant to conduct business while the Insurance Commissioner completes the review of the application materials. Conditional certificates of authority will be issued only upon receipt of evidence of the minimum capital and surplus required by Chapter 69 and a certification from the captive owner that the application materials comply with the requirements of Chapter 69. A captive insurance company granted a conditional certificate of authority must pay the Insurance Commissioner a fee of $100. This Act also authorizes the Insurance Commissioner to summarily revoke a conditional certificate of authority if the Commissioner determines that the captive insurance company has failed to comply with the licensing requirements of Chapter 69. During the period of the conditional certificate of authority, the captive insurance company shall comply with and be subject to Chapter 69. 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 CAPTIVE INSURANCE.
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 374 w/ HA 1SignedSchwartzkopfThis bill adds glaucoma, chronic debilitating migraines, pediatric autism spectrum disorder, pediatric sensory processing disorder to the list of debilitating medical conditions which may qualify a person, upon certification by a physician, to be eligible for the use of medical marijuana in accordance with the terms of the Delaware Medical Marijuana Act. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.
HCR 90PassedBaumbachThis resolution recognizes June 6, 2018 as the 74th anniversary of D-Day, when the Allied Troops landed at Normandy during World War II.RECOGNIZING THE 74TH ANNIVERSARY OF THE ALLIED LANDING AT NORMANDY DURING WORLD WAR II.
SB 252SignedEnnis This amendment would allow for landing areas located in agricultural preservation districts to be used for agriculturally related aerial spraying and applications such as seeding, as well as spraying and applications under government programs such as mosquito and noxious weed control, all subject to the written approval of the Foundation Board.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURAL DISTRICT RESTRICTIONS.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Judicial & Community Affairs

House Committee Assignments

Economic Development/Banking/Insurance/Commerce
Health & Human Development
Housing & Community Affairs
Public Safety & Homeland Security

Senate Committee Report

Environmental, Natural Resources & Energy
Health, Children & Social Services
Judicial & Community Affairs
Veterans Affairs

House Committee Report

Economic Development/Banking/Insurance/Commerce
Health & Human Development
Manufactured Housing
Natural Resources
Public Safety & Homeland Security
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)
Transportation/Land Use and Infrastructure
Veterans Affairs

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
SB 221LOTTownsendThis Act is the first leg of a constitutional amendment that modernizes the Delaware Constitution’s bail provision and clarifies the power of the General Assembly and the Courts to define certain felony offenses for which, or circumstances under which, pretrial release on bail may not be available. Upon enactment of the second leg of this constitutional amendment, Article I, § 12 of the Delaware Constitution proposed will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the only crimes for which bail must be withheld are capital murder, where the evidentiary proof is positive and presumption of the accusation great, and other felony offenses determined by and under procedures prescribed by law where the evidentiary proof is clear and convincing. (3) Ensure that one condition precedent to bail being withheld in non-capital cases is a finding that no bail condition or combination of bail conditions other than detention will assure the safety of another person or the community, that the person will appear for future proceedings, or that the detention is necessary to prevent the person from obstructing justice. The proposed change to permit a person charged with a non-capital crime to be held without bail will not take effect until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code to prescribe by law the circumstances and procedures under which detention without bail may occur. With this change, though, Delaware can move forward toward the type of modern bail system that has been increasingly adopted by our sister states, through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in extreme cases, pretrial detention without bail. Under current Delaware law, the only circumstance in which a person might be detained without bail is when the person is charged with capital murder. This Act would have no effect on bail procedures and standards in capital cases. The fact that bail can be withheld only in capital cases, however, is inconsistent with the evidence-based and informed decision-making that the General Assembly looked to adopt through the Justice Reinvestment Act and the findings and ongoing work of our Supreme Court's Access to Justice Commission. At present, a Delaware state court judge cannot order pre-conviction detention in any non-capital case. Instead the judge can only attempt to set the bail so high that a defendant cannot make it, which can result in dangerous defendants with wealth being able to obtain release even if they pose a risk of harm to the public or a specific person, such as a witness or victim. This Act is one step toward completing a pretrial release-detention continuum that requires specific evidence-based release-detention decisions. Any legislation subsequently enacted or court procedures adopted under this Act requires a court’s individualized, fact-governed decision-making regarding detention in order to pass muster under the United States and Delaware State Constitutions. And, under this Act, any statute defining offenses for which, or circumstances under which, a person can be subjected to pretrial detention without bail must be enacted by an act of the General Assembly that is separate from an act that creates or amends the offense or circumstances and receives the concurrence of a two-thirds majority of each House of the General Assembly.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I, § 12 OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES.
SA 1 to HB 3DefeatedSimpsonThis amendment reduces the amount of paid leave from 12 weeks to 6 weeks.  
SA 2 to HB 3DefeatedSimpsonThis amendment adds a 3-year sunset provision to the bill.  

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

Bunting, Celeste ConfirmedProfessional Standards BoardNew
Campbell, JenniferConfirmedProfessional Standards BoardNew
D'Anna, VincentConfirmedIndustrial Accident BoardNew
Farley, EmilyConfirmedCommissioner of Family CourtNew
Jones, DavidConfirmedCommissioner of Family CourtReappointment
Konowitz, HerbertConfirmedBoard of ParoleNew
McMullen, CharlesConfirmedAlderman of the Town of Bethany BeachReappointment
Montano, AlexanderConfirmedJustice of the PeaceReappointment
Phipps-Greig, LorettaConfirmedProfessional Standards BoardNew
Poore, W. DonaldConfirmedBoard of Charitable GamingNew
Truitt Wilson, SonjaConfirmedCommissioner of Family CourtReappointment
Wolcott, ParaskeviConfirmedCommissioner of Family CourtReappointment