Daily Report for 1/24/2019

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 2 w/ HA 1SignedSchwartzkopfThis Act creates the Delaware Federal Employees Civil Relief Act which provides the temporary suspension of judicial and administrative proceedings and transactions in Delaware that may adversely affect the civil rights of Federal workers during a shutdown. This Act only applies to Federal workers who reside in Delaware. The Act permits a Federal worker who is furloughed or required to work without pay during a shutdown to apply to a court or administrative agency for a temporary stay, postponement or suspension of any payment of rent, mortgage, tax, fine, penalty, insurance premium, or other civil obligation or liability. A court or administrative agency may grant such relief if it finds that the ability of the Federal worker to pay such obligation has been materially affected by the shutdown. The length of stay may be for the period of the shutdown and 90 days thereafter. This Act also prohibits landlords from evicting a federal worker from premises that are occupied or intended to be occupied primarily as a residence. This Act also prohibits the lapse, termination or forfeiture of the health, life, disability, or motor vehicle insurance policy of a Federal worker without a court order. This Act also places limits on the interest rate that can be imposed on a Federal worker during a shutdown. Finally, this Act empowers the Attorney General to enforce the provisions of the Act and permits a court to impose a civil penalty of not more than $10,000 for violations of the Act.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROTECTING FEDERAL WORKERS DURING A SHUTDOWN.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 5PassedSpiegelmanThis resolution recognizes January 27, 2019 as International Holocaust Remembrance Day.RECOGNIZING JANUARY 27, 2019, AS THE ANNUAL INTERNATIONAL HOLOCAUST REMEMBRANCE DAY.
SCR 8Passed SenateBoniniDesignating February 6, 2019 as "Ronald Reagan Day" in Delaware. DESIGNATING FEBRUARY 6, 2019 AS "RONALD REAGAN DAY" IN THE STATE OF DELAWARE
SB 17CommitteeHansenThe use of genetic information in disqualifying coverage for non-health insurance products, such as disability insurance and long term care insurance, is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. This Act also provides a notice requirement if an insurer requires a genetic test. 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 GENETICS BASED DISCRIMINATION.
HA 1 to HB 28PWBBriggs KingThis amendment makes two technical corrections to references in federal law. 
HA 1 to HB 16PWBBriggs KingThis amendment requires the Department of Correction to adopt the rules, regulations and procedures to implement this Act. The effective date is set at 6 months after enactment to allow the Department time to adopt its policies. 
SB 19CommitteeRichardsonThis Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE OFFER OF AN ULTRASOUND BEFORE TERMINATING A PREGNANCY.
SB 21CommitteeRichardsonThe Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.
HB 47CommitteeK. WilliamsThis bill removes the training minimum wage, which takes effect 90 days after enactment, and youth minimum wage, which takes effect January 1, 2020. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE.
HB 49CommitteeBaumbachThis bill changes the earned income tax credit from nonrefundable to refundable. For tax year 2020 and thereafter, the rate of the credit is in the amount of 5.9 %.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO EARNED INCOME TAX CREDIT.
HB 53CommitteeCollinsThis Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE OFFER OF AN ULTRASOUND BEFORE TERMINATING A PREGNANCY.
HB 52CommitteeCollinsThe Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.
HB 50CommitteeSchwartzkopfThis Bill is the Fiscal Year 2020 Appropriations Act.AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2020; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
HB 51CommitteeSchwartzkopfThis Act appropriates $39,117,700 to provide one-time funded projects through the Office of Management and Budget.AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2020 TO THE OFFICE OF MANAGEMENT AND BUDGET
SB 20CommitteeMcBrideThis Bill is the Fiscal Year 2020 Bond and Capital Improvements Act.A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2020; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS AND SPECIAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 35 w/ HA 1SignedBoldenThis bill changes the definition of the multi-purpose sports facility to make it available to a broader range of sports facilities that may apply for a liquor license.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SB 10Out of CommitteeTownsendThis Act is identical to Senate Bill No. 127 from the 149th General Assembly, which was passed by the Senate and reported out of the House Administration Committee. This Act corrects an inadvertent error in Delaware law that has permitted people younger than 18 years of age to vote in final-stage elections. People must be 18 years of age or older to be eligible to vote in a final-stage election such as general elections, special elections, school board elections, and school district referendums. However, people younger than 18 years of age can vote in any preliminary election, such as primary elections, if they will be 18 years of age at the time of the final-stage election.AN ACT TO AMEND TITLE 15 RELATING TO VOTER REGISTRATION.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 11SignedK. WilliamsHouse Bill No. 363, as amended by House Amendment No. 1, of the 149th General Assembly changed the time that polls open for school board and school referendum elections to 7:00 a.m from prior time of 10:00 a.m. There are several sections of Title 14 that govern the hours that polls are open for elections under Title 14 and House Bill No. 363 did not include a revision to the hours listed in § 1907 of Title 14. This Act makes the technical correction to § 1907 of Title 14 so that it is consistent with the sections of Title 14 that were revised by House Bill No 363. 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 HOURS OF SCHOOL DISTRICT ELECTIONS.
HB 31CommitteeDukesThis bill defines Street Rods to correspond with the same age requirement as used for antique motor vehicles, and would remove a fender requirement. Historically Street Rods are open-wheeled vehicles. Additionally, no equipment shall be required on a Street Rod if such equipment was not a condition of sale when the vehicle was manufactured unless such equipment is specifically required by this section.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO STREET RODS.
SCR 3PassedEnnisThis Senate Concurrent Resolution continues the Motorcycle Rider Education Advisory Committee, which must meet at least quarterly to monitor the Motorcycle Rider Education Program, and assess the future needs of and recommend improvements to the Program. CONTINUING AND REORGANIZING THE MOTORCYCLE RIDER EDUCATION ADVISORY COMMITTEE.
HB 41CommitteeBoldenSection 1 of this bill moves the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly. Section 2 of the bill changes the deadline for a minor political party selecting its candidate at the party’s convention. Section 3 of the bill changes the deadline for filing certificates of nomination from September 1st to April 1st. Section 4 changes the “closed” period in which a voter is not allowed to change his or her political affiliation to match the 60-day limit in 15 Del. C. § 3189 for presidential primaries.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.
SCR 5PassedBrownThis Senate Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.HONORING THE LEADERSHIP AND ACHIEVEMENTS OF AFRICAN AMERICANS AND URGING THE CELEBRATION OF BLACK HISTORY MONTH.
HB 43PassedSeigfriedThis bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill would allow for a policy change at the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
SCR 6PassedTownsendThis Concurrent Resolution recognizes that all Delawareans deserve affordable health care, only 1 commercial insurer currently sells health insurance plans on Delaware's Marketplace, and that premiums for health insurance plans sold on the Marketplace could be reduced if the State creates a reinsurance program under a State Relief and Empowerment Waiver under Section 1332 of the Patient Protection and Affordable Care Act ("Section 1332 Waiver"). This Concurrent Resolution also strongly urges the Governor and Secretary of the Department of Health and Social Services to apply for a Section 1332 Waiver and that a program fund be created if the Section 1332 Waiver is granted, to provide capital to operate and administer a reinsurance program.ENCOURAGING THE STATE TO APPLY FOR A STATE RELIEF AND EMPOWERMENT WAIVER UNDER SECTION 1332 OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO CREATE A STATE REINSURANCE PROGRAM.
SCR 7PassedTownsendThis Concurrent Resolution requests the Delaware Department of Transportation and Delaware State Police examine the issue of slower traffic in the left hand lane and jointly report to the General Assembly by May 1, 2019, their recommendations, if any, for action to address this issue. REQUESTING THE DELAWARE DEPARTMENT OF TRANSPORTATION AND THE DELAWARE STATE POLICE EXAMINE THE ISSUE OF SLOWER TRAFFIC IN THE LEFT HAND LANE AND REPORT RECOMMENDATIONS TO ADDRESS THIS ISSUE.
SCR 9PassedTownsendThis Concurrent Resolution recommends the Delaware Judiciary assess the implementation of Interim Rule 5.2 and collaborate with criminal justice stakeholders to finalize a court rule focused on balancing continued efforts to release defendants who should not be held pre-trial and to protect the public from defendants accused of violent crimes.RECOMMENDING THE DELAWARE JUDICIARY ASSESS THE IMPLEMENTATION OF INTERIM RULE 5.2 AND COLLABORATE WITH CRIMINAL JUSTICE STAKEHOLDERS TO FINALIZE A COURT RULE FOCUSED ON BALANCING CONTINUED EFFORTS TO RELEASE DEFENDANTS WHO SHOULD NOT BE HELD PRE-TRIAL AND TO PROTECT THE PUBLIC FROM DEFENDANTS ACCUSED OF VIOLENT CRIMES.
SCR 10PassedMcDowellThis concurrent resolution applauds the success of the Renewable Energy Portfolio Standards Act, recognizes the prospect that the standards might be raised to maintain currency in the today's energy climate, and authorizes the establishment of a working group of stakeholders to provide input into the process. APPLAUDING THE SUCCESS OF THE RENEWABLE ENERGY PORTFOLIO STANDARDS ACT AND RECOGNIZING THE URGENT NEED TO UPDATE THE STANDARDS.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Capital Improvement
Energy
Health & Social Services
Sunset

House Committee Assignments

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Revenue & Finance

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records