Daily Report for 6/28/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 93PassedJaquesThis House Concurrent Resolution designates June 27, 2018 “Delaware Post-Traumatic Stress Injury Awareness Day” and June is “Delaware Post-Traumatic Stress Injury Awareness Month.”RECOGNIZING JUNE 27, 2018 AS "DELAWARE POST-TRAUMATIC STRESS INJURY AWARENESS DAY" AND JUNE AS "DELAWARE POST-TRAUMATIC STRESS INJURY AWARENESS MONTH."
HCR 98Passed HouseBriggs KingThis resolution recognizes November 2018 as "Native American Heritage Month" in Delaware.RECOGNIZING NOVEMBER 2018 AS "NATIVE AMERICAN HERITAGE MONTH" IN DELAWARE.
HCR 94PassedJaquesThis concurrent resolution recommends that the Government Efficiency and Accountability Review Board (GEAR) act upon recommendations made by the School District Consolidation Task Force regarding formal committees tasked with finding savings in the current school district system.RECOMMENDING THAT THE GOVERNMENT EFFICIENCY AND ACCOUNTABILITY REVIEW BOARD (GEAR) REVIEW AND ACT UPON CERTAIN RECOMMENDATIONS MADE BY THE SCHOOL DISTRICT CONSOLIDATION TASK FORCE.
SCR 78PassedEnnisThis Senate Concurrent Resolution establishes a Veterans Sub-Committee of the Correction & Law Enforcement Committee of the State’s Behavioral Health Consortium.RECOGNIZING THE EFFICACY OF THE VETERANS RESPONSE TEAM AND THE NEED TO CONDUCT A STATEWIDE NEEDS ASSESSMENT.
HR 34PassedYearickThis Resolution proclaims the week of July 9-13, 2018 as Delaware Produce Week. This is the fourth consecutive year this observation is being staged in an attempt to facilitate a better, healthier relationship between Delaware famers and local consumers.PROCLAIMING THE WEEK OF JULY 9-13, 2018 AS DELAWARE PRODUCE WEEK.
HCR 97PassedBoldenThis resolution acknowledges the need for the State of Delaware to actively work to increase the number of minority teachers in the classrooms and recognizes the benefits of diversity in Delaware’s educators. ACKNOWLEDGING DELAWARE’S LOW RATE OF TEACHER DIVERSITY AND RECOGNIZING THE NEED FOR EFFORTS TO DIVERSIFY THE TEACHING WORKFORCE.
HCR 100Passed HouseSpiegelmanThis resolution commemorates the 100th anniversary of the Great War.COMMEMORATING THE 100TH ANNIVERSARY OF THE GREAT WAR.
HR 35PassedBaumbachThis Resolution requests the Department of Elections (Department) conduct an electronic audit of all ballots cast and a manual audit of ballots cast in 2% of election districts within 120 days of any general election. The House requests this audit process begin in 2019. The purposes of this resolution is for the Department to collect data to improve the voting system and voting process for future elections and to demonstrate the dependability of Delaware’s voting systems. RECOMMENDING THE DEPARTMENT OF ELECTIONS AUDIT GENERAL ELECTIONS FOR THE PURPOSE OF IMPROVING THE VOTING SYSTEM AND VOTING PROCESS FOR FUTURE ELECTIONS.
HA 2 to HB 436PassedCarsonThis Amendment clarifies the steps in the process when a tenant wants to sell a manufactured home and transfer the lot rental agreement to a buyer. This Amendment also revises the terminology in the existing Code for clarity and consistency.  
HA 2 to HB 416PWBRamoneThis amendment simplifies the bill by listing the specific entities being exempted from taxation. 
HCR 99PassedSchwartzkopfThis Resolution recognizes the importance of the 2020 census and calls on state and local government to commit to a complete count. Federal dollars are often based on the population count of each state and it is vitally important to ensure that the State of Delaware is fully counted to ensure accuracy in the disbursement of federal dollars. The Resolution calls upon the Governor to establish a “Complete Count Commission” for the purpose of ensuring the State of Delaware is fully counted in the 2020 census. RECOGNIZING THE IMPORTANCE OF THE UPCOMING 2020 CENSUS AND CALLING UPON THE GOVERNOR TO ESTABLISH A COMPLETE COUNT COMMISSION.
SA 1 to SB 170LOTMarshallThis Amendment reduces the steps involved in increasing the minimum wage.  
SA 1 to HB 404PWBTownsendThis Amendment clarifies that registered agents must comply with regulations established by the Secretary of State regarding the verification of the identity of the registered agent’s clients and the assessment of potential risks of illegal intentions for the business relationship. This Amendment also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 156 w/ HA 2, HA 3, HA 4SignedSpiegelmanThis bill updates requirements for handguns used for deer hunting by adding a range and limit to allowable handgun calibers to accommodate changing handgun availability while maintaining public safety and handgun hunting efficacy. This bill also allows for pistol caliber rifle hunting for deer. This bill also makes a technical adjustment to clarify that a handgun or a pistol caliber rifle can be used for deer hunting during any shotgun deer season.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION.
HB 219 w/ HA 1SignedBentzThe 146th General Assembly gave the Department of Health and Social Services the authority to promulgate regulations and require accreditation for facilities that perform invasive medical procedures. The current terminology and definition of an “invasive medical procedure” has been frequently misinterpreted and caused a great deal of confusion in the medical community. This Act revises the current language to be consistent with terminology used by accreditation organizations and other states, replacing the term “invasive medical procedure” with the term “office-based surgery”. In addition, this Act clarifies the definition to ensure that all facilities that perform such procedures do so in a safe and sanitary environment. Finally, this Act adds a requirement that the approved accreditation organizations shall report, at a minimum, findings of surveys and complaint and incident investigations, and data for all office-based surgical facilities to the Department. This Act also updates Title 24 where the term "invasive medical procedure" is used and § 122(3) of Title 16 is referenced.AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO INVASIVE MEDICAL PROCEDURES.
HB 268 w/ SA 1VetoedK. WilliamsThis bill converts the senior property tax credit from a credit against the school taxes imposed and collected at the county level to a means-tested refundable income tax credit to be administered by the Department of Finance, Division of Revenue. For eligible seniors who do not file a personal income tax because their income falls below the threshold set by the Code, the Division will issue a rebate in the amount for which that person is eligible. The Division is authorized to promulgate whatever forms or rules are necessary to administer this section. The tax credit will become effective as early as tax year 2019 upon certification by the Secretary of Finance that systems are in place for the Division of Revenue to administer the credit.AN ACT TO AMEND TITLE 14, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO SENIOR PROPERTY TAX.
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.
HB 342 w/ HA 1SignedMitchellThis Act makes changes and adds clarifying language to the dealership licensing section of Title21. First, it allows for the suspension of a dealership license for violations of either Title 21 or Title 30 rather than the current requirement for violations of both titles. It also adds that a dealer whose license is suspended cannot reapply for a new license until the terms of the suspension have been met. It also ensures the same character and conviction review standards applied during initial application of a dealership license are also applied to the renewal process. Finally, this bill adds a basis for suspension when a dealership is approved in Delaware, but in reality is rarely present or merely has a virtual office.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SALE OF MOTOR VEHICLES.
HB 353SignedMitchellSection 1 of this Act clarifies that the intent of Senate Bill No. 32 of the 149th General Assembly was to require mortgagees to file a statement of mortgagee address change when its notice address changed, not to require mortgagees to include each mortgage affected by a change of notice address. The form added to the Delaware Code by § 2124(b) of Title 25 is removed to further aid clarity. In its place, each recorder is granted authority to issue a sample form. This Act also makes changes to § 2124 of Title 25 to do the following: 1. Clarify that each recorder must create a statement of mortgagee address change index and provide for the minimum information required by such an index. Section 2 of this Act removes the requirements related to the statement of mortgagee address change index that are located there in favor of placing these provisions within § 2124 of Title 25. 2. Provide a penalty for the failure to file a statement of mortgagee address change within 60 days of a change in notice address. 3. Grant each recorder the power to impose fees that reasonably reflect the costs necessary to defray expenses associated with creating and maintaining the statement of mortgagee address change index.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MORTGAGES.
HB 362SignedBentzThis bill sets forth revisions to the Code related to Adult Protective Services. The bill updates language to reflect best practices and current names of agencies and class positions.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.
HB 367SignedCarsonThis is a housekeeping bill to codify the existing practices with administering the Municipal Street Aid program.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL TAX.
HB 397SignedJ. JohnsonThis Act permits the Superior Court to consider petitions out of sequence where the Attorney General consents and the Court determines consideration to be in the interest of justice. To ensure this exceptional sequencing provision is employed judiciously, the Court will only consider the consent of the Attorney General authorized by Delaware Department of Justice leadership (Attorney General, Chief Deputy Attorney General, State Prosecutor, or Chief County Prosecutors) in response to requests of Office of Defense Services leadership (Chief Defender, Chief Deputy Defender, Chief Conflicts Counsel) where a petitioner is represented by the Office of Defense Services, and in all other circumstances in response to privately retained counsel. This special authorization ensures individual petitioners do not unwittingly forego or disrupt their single opportunity for sentence review and further ensures consistency in modifications to sequencing.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE.
HB 406SignedB. ShortThis bill allows for small employers who have more than 5 employees to obtain a “stop loss” policy for health insurance. This will provide more options for small employers in the health insurance market. Additionally these changes bring the section into compliance with the Delaware Legislative Drafting manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SMALL EMPLOYER HEALTH INSURANCE.
HB 408 w/ HA 1SignedMulrooneyThis Act amends the Workers’ Compensation Act to include a provision permitting Industrial Accident Board hearing notices and decisions to be sent by secure email with an electronic receipt in lieu of certified mail. This will save money for the State and time for the parties and their attorneys.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE WORKERS’ COMPENSATION ACT.
HS 1 for HB 104 w/ HA 1SignedM. SmithThe state is currently funding service providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to service providers according to the recommendations of the market study, so that by fiscal year 2021 the state would fund service providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), to improve recruitment and retention of these positions, to decrease staff turnover, and to decrease position vacancies. Along with the corresponding costs for program oversight, direct supervision of DSPs, and training, stabilizing the DSP workforce with increased pay is essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities. The bill also requires that the adequacy of the rate system be evaluated against performance measures that are commonly used to assess program quality.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SERVICES FOR ADULTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
HB 425 w/ HA 1SignedBennettThis Act establishes that a contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following: (1) Providing an insured with information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (2) Discussing with an insured information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (3) If a more affordable, therapeutically equivalent prescription drug is available, selling the more affordable, therapeutically equivalent prescription drug to the insured. In some cases, contracts between pharmacy benefits managers and pharmacies have provisions that prohibit pharmacies or pharmacist from informing consumers that they have options related to a prescription drug they want to buy and that the prescription drug could be purchased at a lower cost if the consumer paid out of pocket rather than through their health insurance plan. These provisions are often known as “gag clauses.” At least 7 states have enacted laws prohibiting these “gag clauses.”AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PERMITTED DISCLOSURES RELATED TO PRESCRIPTION DRUGS.
HB 430SignedCarsonThis Bill authorizes the Department of Agriculture to utilize any laboratory designated by the Department of Agriculture rather than only the State Chemist to analyze samples of foods, dairy and other feeds and insecticides, and to cooperate with the United States Department of Agriculture and other federal agencies in the enforcement of the laws related to foods, dairy and other feeds, and insecticides.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
HB 432 w/ HA 1SignedB. ShortThe Division of Small Business, Development and Tourism was created by 81 Del. Laws ch. 49 and placed in the Department of State. This enactment transferred certain responsibilities for economic development, formerly in the Delaware Department of Economic Development, to this Division. The purpose of this Act is to address administrative housekeeping matters involving this transfer of responsibilities for economic development. Specifically, this Act changes the name of the Division of Small Business, Development and Tourism to the Division of Small Business. The Division of Small Business will remain in the Department of State and be responsible for economic development activities transferred to the Division of Small Business, Development and Tourism in 81 Del. Laws ch. 49. This Act also does the following: (1) Sets a new date for the submission of the Comprehensive State Plan for Economic Development and unifies the economic development reporting requirements of the Division of Small Business. (2) Limits the terms of members of the Council on Development Finance (“Council”) appointed after July 1, 2018. (3) Eliminates the requirement that all Council members be physically present to constitute a quorum for meetings, to foster greater efficiency in making economic development recommendations to the Division of Small Business. (4) Further deletes reference to programs governed by prior acts of the General Assembly such as the Agriculture/Aquaculture Program, the Liberty Court Apartments project, and the Human Investment and Partnership Program, to the extent that these programs are no longer active. Finally this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND THE DELAWARE CODE RELATING TO ADMINISTRATIVE MATTERS INVOLVING THE TRANSFER OF STATE ECONOMIC DEVELOPMENT FUNCTIONS TO THE DEPARTMENT OF STATE.
SB 227 w/ SA 1 + HA 1, HA 1 to HA 1SignedTownsendThis Act promotes the use of primary care by doing the following: 1. Creating a Primary Care Reform Collaborative under the Delaware Health Care Commission. 2. Requiring all health insurance providers to participate in the Delaware Health Care Claims Database. 3. Requiring individual, group, and State employee insurance plans to reimburse primary care physicians, certified nurse practitioners, physician assistants, and other front-line practitioners for chronic care management and primary care at no less than the physician Medicare rate for the next 3 years. Despite the demonstrated value of primary care, access to primary care for Delawareans has become increasingly difficult because insurance reimbursement rates fail to support an adequate infrastructure. The national average for primary care spending for an insurance plan is between 6% and 8% of the insurer’s total medical expenditures. Studies recommend, and some states are actively implementing, a 12% to 15% spending rate to have an effective system. Delaware’s average insurance spending on chronic care management and primary care is between 3% and 4%. Nationally, insurance reimbursement for primary care averages between 120% and 140% of Medicare rates. In Delaware the commercial market reimburses independent primary care at rates as low as between 65% and 85% of Medicare rates. Reliable data regarding insurance spending is difficult to obtain due to a combination of contractual restrictions and an absence of mandatory health care price transparency requirements applicable to commercial plans in Delaware This Act simultaneously enacts short-term and long-term solutions to strengthen the primary care system in this State. While the Primary Care Reform Collaborative and the Delaware Health Care Commission study and development long-term recommendations, requiring insurers to reimburse for chronic care management and primary care at the Medicare rates will stabilize existing resources and provide immediate benefits. The Primary Care Reform Collaborative and the Delaware Health Care Commission have reliable data and information from the Delaware Health Care Claims Database to use in this analysis and to make recommendations that will strengthen the primary care system in Delaware.AN ACT TO AMEND TITLE 16, TITLE 18, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PRIMARY CARE SERVICES.
HB 439SignedCarsonThis Bill authorizes the Thoroughbred Racing Commission to be a member of the new Interstate Anti-Doping and Drug Testing Standards Compact. Under the Bill the Thoroughbred Racing Commission would become a member of an interstate Compact with other party states for the establishment of uniform standards for drug testing of horses participating in horse racing. The Harness Racing Commission will not be a member of the Compact. The purpose of the Compact is to establish uniform requirements among the party states for the drug testing of horses participating in horse racing. The Compact Committee would be comprised of one representative from each party state.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO HORSE RACING.
HB 445SignedMiroThis bill makes a technical correction to House Bill 53 enacted earlier this session. It would make the original intent clear that these firework devices can be sold and used on July 4, December 31, and January 1.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREWORKS; EXCEPTIONS.
HB 442 w/ HA 1SignedHeffernanThis Act expands the Juvenile Civil Citation Program to provide law enforcement officers with the discretion to refer any first-time juvenile offender engaged in any misdemeanor-level behavior to the civil citation program, where the juvenile can be required to participate in counseling, treatment, community service, or any other appropriate intervention. A juvenile who successfully completes the requirements of the civil citation program will not have an arrest or prosecution indicated on their record. Under the current law, officers may make referrals to the civil citation program for only very limited types of misdemeanor offenses. The Act will also allow a second referral to the civil citation program if 1 year has passed since the first referral and the second offense is not for the same misdemeanor. Under current law, a juvenile is not eligible for a second referral until 18 months have passed since the first referral. This Act will also provide access to the Delaware Criminal Justice information System to the civil citation community provider to enable the provider to properly assess referred juveniles. This program provides an alternative to arrest and adjudication, thus avoiding the collateral consequences associated with a criminal record while still allowing the system to compel the juvenile and the juvenile’s family to seek and participate in appropriate services to address root causes of delinquent behavior. The expansion of the civil citation program under this Act is consistent with the mission of the juvenile justice system, which is the rehabilitation and treatment of juveniles, not punishment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE JUVENILE CIVIL CITATION PROGRAM.
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.
HB 462SignedBoldenThis Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee by making amendments to the statute governing the Board of Occupational Therapy Practice to make Chapter 20 of Title 24 consistent with other Title 24 boards and delete antiquated sections that are no longer applicable, including: - Adding the duty to report conduct that constitutes grounds for discipline or inability to practice. - Removing "censure a practitioner" as an available sanction. - Removing references to temporary licenses, because the temporary license section of the statute was repealed in 2005. - Removing § 2015(c) and § 2017(c) because they are covered under the Administrative Procedures Act. - Revising the reciprocity language to address situations where a licensee holds a current license in a state that is no substantially similar to Delaware. In addition, this Act includes several amendments to conform existing law to the standards of the Delaware Legislative Drafting Manual, including deleting unnecessary words, correcting grammatical errors, and improving consistency and clarity.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF OCCUPATIONAL THERAPY PRACTICE.
HB 470SignedJ. JohnsonThis Act would permit the Superior Court to conduct an evidentiary hearing, upon motion from the Department of Services for Children, Youth & Their Families, before placing a child 16 years of age or older, in a secure detention facility pending trial. The purpose of the hearing is for the Court to determine whether the child should be placed in a facility not operated by the Department because either the Department’s facilities are at or beyond capacity or the child is deemed to be a risk to self or to other children held in secure detention facilities operated by the Department. If the Court orders the child transferred solely because the Department’s facilities are at or beyond capacity, the Court shall require the Department to transfer the child as soon as the capacity level is below capacity and to provide at least weekly updates on the capacity to the Court and no child may be held in a facility for adults for longer than 60 days. A child may also be transferred if the Court finds clear and convincing evidence that the child is a danger to self or other youth and the child’s needs would be better served at a facility not operated by the Department. This bill contains a sunset provision that is 2 years from the effective date.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.
HJR 13SignedSchwartzkopfIn January of 2018 the federal government passed the Federal Register Printing Savings Act, which included a moratorium in calendar year 2019 on a fee paid by health insurance companies or health service corporations to the federal government. The State of Delaware wants to ensure that savings received by the health insurers are passed along to Delaware consumers who buy health insurance plans in the individual market both on and off the health exchanges created by the Patient Portability and Affordable Care Act of 2010. This resolution requires health insurers who received this moratorium to file a report with the Secretary of the Department of Health and Social Services and the Insurance Commissioner of Delaware no later than January 2, 2019 outlining how they passed along savings to Delaware consumers.REQUIRING ANY INSURANCE COMPANY OR HEALTH SERVICE CORPORATION SELLING INDIVIDUAL AND SMALL GROUP MARKET INSURANCE PRODUCTS IN DELAWARE TO FILE A REPORT DETAILING HOW THEY DISTRIBUTED SAVINGS TO DELAWARE CONSUMERS IN PLAN YEAR 2019 FROM THE FEDERAL GOVERNMENT’S ONE YEAR MORATORIUM OF THE INSURANCE COMPANY FEE CREATED BY THE PATIENT PORTABILITY AND AFFORDABLE CARE ACT OF 2010 TO DELAWARE CONSUMERS IN PLAN YEAR 2019.
SA 1 to HB 268PassedWalshThis Amendment provides technical clarifications to this Act and modifies the implementation dates for this Act. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 113 w/ SA 1, SA 2, SA 5, SA 4SignedMcDowellThis bill authorizes the creation of a Delaware Voluntary Property Assessed Clean Energy (D-PACE) program to establish a clean energy financing program for the installation of energy efficiency technologies and clean energy systems for qualifying commercial real properties statewide. PACE programs are authorized in more than 30 states nationwide. The financing will be secured by and payable from a voluntary assessment imposed on the property benefited by the qualifying energy improvement. The bill calls upon the Sustainable Energy Utility (SEU) to administer the program and establish a statewide financing program to aid counties in expanding clean energy projects in their jurisdictions. Projects under D-PACE can be financed through the SEU or other participating financial institutions.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO A DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM THROUGH LOCAL GOVERNMENT ASSESSMENTS.
SB 151 w/ SA 1SignedHenryBirth control use is nearly universal among women of reproductive age in the United States and is a key part of preventative health care for women. Access to birth control provides health benefits for women and children, improves women's ability to control whether and when they have a child, and fosters women's ability to participate in education and the workforce. However, the cost of birth control, particularly the higher up-front costs of the more effective, longer-acting birth control methods, is often a barrier to women accessing the birth control they need. This Act codifies the current federal requirement that health insurance plans include coverage for contraceptives and applies this requirement to individual, group, State employee, and public assistance plans. This Act retains the current ability for religious employers to exclude coverage for the insertion and removal and medically necessary examination associated with the use of FDA-approved drugs or devices. AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF CONTRACEPTIVES.
HB 329SignedCarsonThis Bill eliminates the prohibition against the mere possession of a body-gripping trap with a jaw spread in excess of 5 inches, while maintaining the prohibition against actually using one in Delaware. This modification is necessary because many licensed Delaware trappers legally trap in other states where such traps are legal and it also allows trap collectors to possess the larger traps while maintaining the prohibition against their actual use.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH.
SB 172 w/ SA 1 + HA 2SignedSokolaThis bill will increase the public transparency of education funding information by directing the Department of Education to: 1. Establish, in collaboration with stakeholders, a statewide approach for districts and charter schools for reporting expenditures at the school level and the school’s share of central office expenditures so that per-pupil expenditure data is consistent and comparable across the State. 2. Report per-pupil expenditure data with key information that provide context on differences in funding such as school type, student demographics, and student outcomes. 3. Provide optional trainings to increase understanding of the data. As a result, this bill is intended to enable all taxpayers, parents, and schools to understand their school spending and resources in order to make data-driven decisions for students. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL FUNDING TRANSPARENCY.
SB 184 w/ SA 1SignedTownsend As the self-storage industry continues to grow, it is important for consumers to have the option to insure their items stored in a self-storage facility. Currently, Delaware law does not provide a licensing structure for the sale of self-storage insurance. This type of insurance is becoming more commonplace with the growth in the self-storage industry. This legislation provides a licensing structure for self-storage businesses engaged in the sale of this type of insurance, grants the Insurance Commissioner regulatory oversight over the sales practices for this type of insurance and provides important protections and disclosures for consumers who purchase this insurance product. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SELF-SERVICE STORAGE INSURANCE PRODUCER LICENSURE.
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.
SCR 58PassedPooreThis Senate Concurrent Resolution does all of the following: (1) Recognizes Diwali as an important festival. (2) Recognizes and appreciates religious diversity in India and the United States. (3) Supports the friendship and cooperation between the United States and India. (4) Acknowledges the onset of Diwali and expresses its warmest wishes to those celebrating Diwali in Delaware, the United States, India, and throughout the world. RECOGNIZING THE GREAT CULTURAL SIGNIFICANCE OF THE FESTIVAL OF DIWALI.
SS 1 for SB 91 w/ HA 1SignedSokolaThis Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CARBON MONOXIDE DETECTION DEVICES.
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.
HB 437SignedWilsonThis bill allows the background plates (animal welfare, farmland preservation, Marine Education Research and Rehabilitation Institute, Delaware Equine Council, and Keep Delaware Beautiful) issued by DMV to be displayed on trailers up to 26,000 pounds gross vehicle weight rating (GVWR). It also increases the size of trucks that can display the plates from ¾ ton (10,000 pounds GVWR) to 26,000 pounds GVWR.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES.
SB 232SignedMcBrideThis Act expands the total number of vice-chancellors on the Court of Chancery to 6 and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO VICE-CHANCELLORS OF THE COURT OF CHANCERY.
SB 234SignedTownsend Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal, termination). The Department believes that its ability, as the agency issuing professional teaching credentials to educators, to undertake licensure action should be separate from any action by the public school employer. Further, the Department seeks to expand the circumstances in which the Secretary may automatically suspend teaching credentials, specifically to include situations involving felony crimes against a children or where there is a clear and immediate danger to student safety or welfare. This bill removes the requirement of employment action before disciplinable offenses may be handled by the Department, making this licensure disciplinary structure consistent with how other licensed professions are handled in this State. The bill also creates the power to impose temporary emergency suspensions in those rare instances where a teacher poses a threat to student health, safety, or welfare. Finally, this bill creates the confidential letter of concern that is non-disciplinary and may be used in those instances where a teacher’s behavior is not in violation of the code, but indicative of a practice that is a matter of concern. These two provisions also make teacher licensure discipline more similar to other licensed professions in the State. AN ACT TO AMEND TITLE 14 CHAPTER 12 OF THE DELAWARE CODE RELATING TO THE LIMITATION, SUSPENSION AND REVOCATION OF EDUCATOR LICENSES.
SB 236SignedMcDowellThis Act appropriates $49,167,700 to provide a $500 one-time salary supplement to full-time and part-time employees, to provide a $400 pension supplement to pensioners and provides one-time funded projects through the Office of Management and Budget.AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO PROVIDE A ONE-TIME SALARY SUPPLEMENT FOR STATE EMPLOYEES, TO PROVIDE A ONE-TIME PENSION SUPPLEMENT FOR STATE PENSIONERS AND TO PROVIDE ONE-TIME APPROPRIATIONS TO THE OFFICE OF MANAGEMENT AND BUDGET.
SB 241SignedPooreThis Act provides the Delaware Interscholastic Athletic Association with the authority to establish fees for officiating. 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 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
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.
SB 242 w/ SA 1SignedWalshThis Act creates Pay for Success contracts. A Pay for Success contract is an agreement between a State agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The State agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the State agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a State agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR SUCCESS CONTRACTS.
SCR 75PassedEnnisThis Concurrent Resolution recognizes June 13, 2018, as “National Time Out Day” in Delaware.RECOGNIZING JUNE 13, 2018, AS "NATIONAL TIME OUT DAY" IN THE STATE OF DELAWARE.
SCR 76PassedPooreThis concurrent resolution recognizes the achievements and efforts of the staff of the Delaware Division of Historical and Cultural Affairs, who worked to earn accreditation from the American Alliance of Museums for Delaware’s state museums and collections, the highest recognition afforded to museums in the United States. RECOGNIZING THE STAFF AND LEADERSHIP OF THE DELAWARE DIVISION OF HISTORICAL AND CULTURAL AFFAIRS UPON THE EARNING OF ACCREDITATION FROM THE AMERICAN ALLIANCE OF MUSEUMS FOR DELAWARE’S STATE MUSEUM SYSTEM AND COLLECTIONS.
SCR 77PassedMarshallThis Concurrent Resolution requests the appointment of a committee to explore the feasibility of Delaware pursuing a grant from the NFL's social justice initiative fund. APPOINTING A COMMITTEE TO EXPLORE THE POSSIBILITY OF GRANT FUNDING FROM THE NATIONAL FOOTBALL LEAGUE.
HB 474SignedMitchellThis Act includes Probation and Parole Officers in the Department of Services for Children, Youth and their Families under the definitions of Law-Enforcement Officer under the Law-Enforcement Officer’s Bill of Rights.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LAW-ENFORCEMENT OFFICERS’ BILL OF RIGHTS.
HB 476SignedParadeeThis Act empowers each county to create regulations for the maintenance of for-profit cemeteries and to impose penalties upon those who do not abide by the maintenance regulations. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO MAINTENANCE OF FOR-PROFIT CEMETERIES.
SCR 79PassedPooreThis Senate Concurrent Resolution directs the Department of Education, with the assistance of the Delaware Interscholastic Athletic Association, to promulgate regulations that permit coaches to coach student athletes out of season, with restrictions that minimize the risk of unethical activity.DIRECTING THE DEPARTMENT OF EDUCATION, WITH THE ASSISTANCE OF THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION, TO PROMULGATE REGULATIONS THAT PERMIT COACHES TO COACH ATHLETES OUT OF SEASON, WITH RESTRICTIONS THAT MINIMIZE THE RISK OF UNETHICAL ACTIVITY.
HA 1 to SS 1 for SB 91PassedBentzThis Amendment clarifies the installation requirements for carbon monoxide detection devices. 
HA 2 to SB 172PassedBaumbachThis Amendment clarifies that the term salaries, for purposes of this Act, includes benefits and other employment costs. This Amendment also requires that expenditures be coded and reported with a label that identifies the type of the expenditure. 
HA 2 to SS 1 for SB 144PassedSchwartzkopfThis Amendment reduces the reduction in the State’s share of gross slot machine revenue by increasing the State’s share, as contained in the Act, from 41 ½% to 42 ½% or 40 ½% to 41 ½%, as applicable. 

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Natural Resources
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