Daily Report for 5/14/2019

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 153CommitteeBennettUnder this Act, notice for a mediation conference must be made by registered or certified mail, with restricted delivery and return receipt requested, for any of the following Title 13, Family Court matters: (1) Child support. (2) Custody or visitation. (3) Guardianship. (4) Third-party visitation. This Act also provides that: - It is the party’s duty to provide the Court with the party’s mailing address. - Notice by registered or certified mail is not required if a party has provided a written waiver. - The Court may excuse the registered or certified mail requirement in whole or in part if the number of parties in a case is voluminous and the address of record for each party has been confirmed in writing, either by other service or written notice provided by the party. - Notice provided under this Act constitutes conclusive evidence of service and mediation may proceed with or without the party’s appearance.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SERVICE OF MEDIATION NOTICE.
HB 155CommitteeRamoneThis Act is the first leg of a Constitutional Amendment reflecting the recommendations of the Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) on Potential Fiscal Controls and Budget Smoothing Mechanisms established as per House Joint Resolution 8 of the 149th General Assembly (Panel). This Act would build upon the State’s existing appropriation limit methodology by moving the Budget Reserve Account into a newly defined Budget Stabilization Fund, defining rules for deposits to and withdrawals from said Budget Stabilization Fund, and adding a check of the appropriation limit against an index comprised of relevant indicators of growth of the State’s economy. The Panel further recommended that any final adoption of the structural budget reforms included in this Act be accompanied by statutory enactment of structural reforms to the Personal Income Tax by broadening the tax base as initially recommended by the DEFAC Advisory Council of Revenues report dated May 2015 and further detailed in the Panel’s report dated June 1, 2018.AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII, § 6 OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON APPROPRIATIONS.
HB 157CommitteeYearickThis bill addresses the inequity that may occur when Family Court is asked to divide a non-covered pension by requiring the court to consider the ability or inability of the parties to earn Social Security and other factors which the parties may present relevant to the equitable distribution.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO DISPOSITION OF MARITAL PROPERTY.
HCR 45PassedMinor-BrownThis House Concurrent Resolution recognizes May 23, 2019, as “Stop the Bleed Day” in the State of Delaware.RECOGNIZING MAY 23, 2019, AS “STOP THE BLEED DAY” IN THE STATE OF DELAWARE.
HA 2 to HB 130StrickenBradyThere is a lot of debate surrounding the definition of “compostable”. This amendment seeks to avoid any confusion or ambiguity by removing non-compostable and compostable plastic bags from HB 130. This amendment also removes the requirement that a reusable carryout bag made from plastic film be recyclable in this state since there are recycling facilities within Delaware. Finally, this amendment provides that 3 months after the effective date of HB 130, stores that have adopted practices that eliminate the need for any plastic carry out bags do not need to participate in an at-store recycling program. 
SB 99CommitteeLawsonThis Act is modeled after American Laws for American Courts legislation that has passed in Tennessee, Louisiana, Arizona, Kansas, South Dakota, Alabama, and North Carolina. The Declaration of Independence announced the formation of a new country that would no longer find itself in the clutches of a foreign power. For over 2 centuries, hundreds of thousands of men and women have given their lives to protect America’s sovereignty and freedom. America has unique values of liberty which do not exist in all foreign legal systems such as freedom of religion, speech, and press; due process; and the right to privacy. Unfortunately, because state legislatures have generally not been explicit about what their public policy is relative to foreign laws, the courts and the parties litigating in those courts are left to their own devices. State legislatures play a vital role in preserving fundamental constitutional rights and American values of liberty and freedom. No United States citizen or resident should be denied these guaranteed liberties, rights, and freedom. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUDICIAL PROCEDURE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 31SignedDukesThis 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.
HB 56PassedHensleyThis act names the Delaware portion of U.S. Route 301 between Route 1 and the Delaware Maryland State line as First Responders Memorial Highway.AN ACT DESIGNATING AND NAMING THE PORTION OF U.S. ROUTE 301 COMMENCING AT DELAWARE ROUTE 1 AND TERMINATING AT THE DELAWARE MARYLAND STATE LINE AS FIRST RESPONDERS MEMORIAL HIGHWAY.
HB 96SignedBushThis Act requires captive insurance companies to pay premium taxes on or before April 15 of each year. This Act complements House Bill No. 289 of the 149th General Assembly (Chapter 251, Volume 81 of the Laws of Delaware) by ensuring that captive insurers’ annual statements and payment of premium taxes are both due by the same date.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE COMPANIES.
HB 112 w/ HA 2SignedLonghurstThis Act allows the Division of Motor Vehicles to issue special Bicycle Friendly Delaware license plates.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 67SignedTownsendThis Act reinstates the requirement that the Clerks of the Peace in each county maintain a registry of clergypersons or ministers who perform marriages in Delaware. Clergypersons or ministers of any religion desiring to perform wedding ceremonies must register with the Clerk of the Peace. Upon registering, he or she will receive an identification number that he or she must enter on the Certificate of Marriage for each wedding ceremony he or she performs. If the clergyperson or minister registers with the Clerk of the Peace in one county, he or she will be added to a statewide registry and will be able to perform weddings statewide. If a clergyperson or minister performs a wedding without being registered, the Clerk of the Peace can suspend or revoke that clergyperson or minister’s ability to perform further weddings in Delaware.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGES.
SB 74SignedWalshThis bill makes modification to the New Economy Jobs Credit allowing qualified employers to pro-rate their job creation activity in the first certified year, ensuring the indexation of the salary threshold is conducted prior to the calendar year to assist with business planning and establishing an incentive to qualified employers to maintain their employment thresholds.AN ACT TO AMEND TITLE 30, CHAPTER 20 OF THE DELAWARE CODE RELATING TO NEW ECONOMY JOBS PROGRAM CREDITS.
SB 77 w/ SA 2Out of CommitteeBrownThis Act authorizes the Division of Motor Vehicles (“Division”) to issue special registration plates in support of Delaware's 3 counties and 57 municipalities without having to enact a special law for each request. If a municipality has less than 1,000 residents the Division may approve the issuance of a municipality’s special registration plate based on less than 50 applications. This Act assesses a 1-time, $20 fee, $10 of which must be deposited by the Division into a special account to be directed to each county or municipality to support the county’s or municipality's operations.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR COUNTIES AND MUNICIPALITIES.
SA 2 to SB 77PassedBrownThis Amendment makes technical correction to remove unnecessary language.  
HCR 44PassedBoldenThis Concurrent Resolution recognizes the Metropolitan Wilmington Urban League for its 19 years of service and dedication to improving the quality of life for underserved communities in Delaware by promoting education, civic engagement, economic development, and civil justice.RECOGNIZING THE METROPOLITAN WILMINGTON URBAN LEAGUE FOR ITS 19 YEARS OF SERVICE AND DEDICATION TO COMBATING POVERTY, INEQUALITY, AND SOCIAL INJUSTICE IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 27 w/ SA 1SignedWalshThis Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.
HB 106SignedBushDelaware is one of only a few states that does not provide statutory or regulatory authority regarding the regulation of service contracts and warranties. In some states, these products are regulated as insurance products. In other states, the Attorney General’s office retains oversight of these products. In Delaware, the regulation of these products is governed by a letter issued by the Department of Insurance in 1993 and Domestic/Foreign Insurers Bulletin No. 5 issued in 1997. This legislation essentially codifies the existing legal practice, and makes clear these products are not regulated as insurance products thus providing the Department of Justice with the authority to address legal issues pertaining to service contracts and product warranties. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATED TO SERVICE CONTRACTS AND PRODUCT WARRANTIES.
HB 115SignedHeffernanThis Bill requires Podiatrists, Dentists, Doctors, Nurses and Optometrists who issue prescriptions to utilize electronic prescriptions except under certain exceptions. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRESCRIPTIONS.
HB 130 w/ HA 1, HA 5SignedBradyThis bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.
HB 127SignedJaquesThis legislation gives authority to the Executive Director of the Delaware Commission of Veterans’ Affairs to use the term “Delaware Office of Veterans’ Services” when carrying out the work of the Commission. This will enable the Executive Director and other staff of the Commission to conduct business under a banner that better describes their role as providers of services to Delaware veterans and their families. Applying the name “Delaware Office of Veterans’ Services” also serves to distinguish the office from the U.S. Department of Veterans Affairs and will help alleviate confusion among members of the public. This legislation also removes outdated language. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMISSION OF VETERANS’ AFFAIRS.
HB 131SignedViolaThis bill reduces the required number of meetings that the Advisory Council on Video Lottery Planning and the Advisory Council on Charitable Gaming Planning must hold each calendar year and authorizes the Lottery Director to add certain sports lottery players to an involuntary exclusion list by order.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LOTTERIES.
SCR 41PassedPooreThis Senate Concurrent Resolution recognizes May 14, 2019 as League of Local Government Day in the State of Delaware.RECOGNIZING MAY 14, 2019 AS LEAGUE OF LOCAL GOVERNMENT DAY IN THE STATE OF DELAWARE.
HA 1 to HB 130PassedBradyThis amendment makes clear that House Bill 130 does not restrict or prohibit a municipality with a population in excess of 50,000 to enact a law requiring stores in excess of 500 square feet to comply with the requirements of HB 130. 
HA 5 to HB 130PassedBradyThere is a lot of debate surrounding the definition of “compostable”. This amendment seeks to avoid any confusion or ambiguity by removing non-compostable and compostable plastic bags from HB 130. This amendment also removes the requirement that a reusable carryout bag made from plastic film be recyclable in this state since there are recycling facilities within Delaware. The Food Industry Council will work with The Department of Health and Social Services to provide coupons for reusable bags for Delawareans participating in the Delaware Food Stamp Program, Termporary Asisstance for the Needy Families (TANF), or the Women, Infants and Children Program (WIC). Finally, this amendment provides that 3 months after the effective date of HB 130, stores that have adopted practices that eliminate the need for any plastic carry out bags do not need to participate in an at-store recycling program. 

Senate Committee Assignments

Committee
Elections, Govt. & Community Affairs
Judicial

House Committee Assignments

Committee
Administration
Judiciary
Natural Resources
Sunset Committee (Policy Analysis & Government Accountability)

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