Daily Report for 5/16/2019

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 20PassedLawsonThis resolution honors USO Delaware for their important and inspiring work supporting military members and their families.HONORING USO DELAWARE FOR ITS IMPORTANT AND INSPIRING WORK SUPPORTING MILITARY MEMBERS AND THEIR FAMILIES.
SCR 42PassedHansenThis Senate Concurrent Resolution recognizes the month of May 2019 as “Mental Health Awareness Month” in the State of Delaware. PROCLAIMING THE MONTH OF MAY 2019 AS “MENTAL HEALTH AWARENESS MONTH” IN THE STATE OF DELAWARE.
SCR 47Passed SenateBoniniThis Senate Concurrent Resolution recognizes Kevin Fitzgerald's achievement of being named 2018 Superintendent of the Year by the National Association of School Superintendents.COMMENDING CAESAR RODNEY SCHOOL DISTRICT'S SUPERINTENDENT KEVIN FITZGERALD ON HIS ACHIEVEMENT OF BEING NAMED 2018 SUPERINDENDENT OF THE YEAR.
HB 165CommitteeSmykThis act will be known as the Extreme Crimes Protection Act. This Act revises Delaware's death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State Supreme Court's holding in Hall v. Florida, interpreting standards set forth in Atkins v. Virginia. This Act adopts the term "intellectual disability" used by the United State Supreme Court. This Act recognizes developing trends in death penalty jurisprudence and the American Bar Association's Resolution 122A (2006), of August 8, 2006, by prohibiting the imposition of the death penalty upon a person who has been found "guilty, but mentally ill", as defined by Title 11 § 401. This Act also narrows the scope of the most commonly used statutory aggravating circumstances - those applicable in cases involving defendants with previous convictions for violent felonies and murders committed during the commission of other enumerated felonies. Several other statutory aggravating circumstances have been combined to eliminate duplication, eliminated entirely, or otherwise clarified.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE EXTREME CRIMES PROTECTION ACT.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 40 w/ SA 1SignedLonghurstThis bill: (1) increases the number of directors on the Board and allows the Board to appoint four additional directors; (2) implements clarifying language; (3) sunsets the former Advisory Council to replace it with a subcommittee structure to allow greater participation from members of the public and to allow the Corporation to appoint and receive assistance and expertise from a greater variety of experts; and (4) allows the Board of Directors to amend the Certificate of Incorporation with approval from the General Assembly.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.
SB 26 w/ SA 1CommitteeDelcolloSections 1 and 2 of this Act make clear that an individual who is the subject of a false report is a victim and is entitled to restitution and the benefits of the Victims’ Bill of Rights. Section 3 of this Act corrects an internal reference to § 1245 of Title 11 based on changes made in Section 1 of this Act. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO FALSELY REPORTING AN INCIDENT.
HB 62 w/ HA 1SignedK. WilliamsThis Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION.
HB 104 w/ HA 1SignedBentzThis bill addresses the Behavioral and Mental Health Commission and functionally narrows its scope to peer review responsibilities. This peer review function provides independent oversight to Delaware’s mental health system without authority to force changes on the State. Much of the current broader responsibilities of the larger Commission overlap with the Governor’s Advisory Committee to DSAMH. The proposed changes do not replace or eliminate the Addiction Action Committee. This is merely to ensure that all commissions and committees have their own discrete area in which to focus.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL AND MENTAL HEALTH COMMISSION.
HB 102 w/ HA 1SignedK. WilliamsThis bill allows a person who is arrested or convicted of any crime, except a violent felony, which was a direct result of being a victim of human trafficking may file an application or for a pardon or expungement or make a motion to vacate judgment. This bill also makes changes to the Human Trafficking Interagency coordinating by adding another member of the judicial branch and a representative of the Department of Education. This bill also adds locations where a public awareness sign must be placed.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES.
HCR 27PassedJaquesThis Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2019.COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2019.
HCR 43PassedYearickThis resolution encourages State of Delaware employees to make informed decisions about their health care during Open Enrollment and throughout the year as an important step to help control rising health care costs and to maintain high quality, affordable benefit options now and in the future.ENCOURAGING STATE OF DELAWARE EMPLOYEES TO MAKE INFORMED DECISIONS ABOUT THEIR HEALTH CARE DURING OPEN ENROLLMENT AND THROUGHOUT THE YEAR.
HS 1 for HB 105SignedMinor-BrownStep therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication. This Act does not apply to state or federal governmental plans.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE CONTRACTS.
HCR 37PassedBriggs KingThis resolution proclaims May 2019 as "Community Action Month" in the State of Delaware.PROCLAIMING MAY 2019 AS "COMMUNITY ACTION MONTH" IN THE STATE OF DELAWARE.
SB 80SignedHockerThis Act changes the composition of the Council on Recreational Fishing Funding. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FISHING.
HCR 38PassedSchwartzkopfThis concurrent resolution commends the nominees and recipients for the 2019 Delaware Governor’s Awards: Recognizing State Employee Individuals, Teams, and Heroes.COMMENDING THE NOMINEES AND RECIPIENTS OF THE 2019 DELAWARE GOVERNOR’S AWARDS: RECOGNIZING STATE EMPLOYEE INDIVIDUALS, TEAMS, AND HEROES.
HCR 39PassedQ. JohnsonThis concurrent resolution proclaims May 8, 2019, as “Early Childhood Advocacy Day” to affirm the importance of quality early learning for every citizen and every sector of our State, to celebrate the accomplishments of the past year, and to rededicate ourselves to our shared responsibility for the construction and support of a Delaware early childhood system that will positively impact children, families, communities, and workforce and economic development across the State.DESIGNATING MAY 8, 2019, AS “EARLY CHILDHOOD ADVOCACY DAY” IN THE STATE OF DELAWARE.
SB 47 w/ SA 1PassedLockmanThis Act simplifies Delaware’s drug code with a goal of providing more fairness in its application. This Act removes geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas. This Act reduces the number of weight tiers from 5 to 3 with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. This Act reflects the reality that the road to recovery from a drug addiction is difficult by removing automatic sentence enhancements based on prior drug offenses, and instead allowing discretion during sentencing to determine when a repeat offender requires substantive additional penalty. Specifically, Sections 1 through 14 of this Act do the following: (1) Eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property. (2) Eliminate enhancements based on the commission of prior drug offenses. (3) Simplify Delaware’s controlled substance laws by reducing the number of weight tiers that are used to categorize the severity of controlled substance offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.
SB 86SignedLopezThis Act amends the Charter of Rehoboth Beach to give the Commissioners the authority to impose and collect a lodging tax. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND THE CHARTER OF REHOBOTH BEACH RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.
SB 44 w/ HA 1SignedSturgeonThis Act makes the possession or consumption of alcohol by an individual under 21 years of age a civil offense. This Act also prohibits including information concerning a civil violation of the underage possession or consumption law on an individual’s certified criminal record. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL.
SB 94SignedTownsendSection 1 of this Act amends Section 903 of Title 13 of the Delaware Code. Substantively, this Act allows persons who are not married but who are cohabitating to jointly adopt a child that is not theirs. The Act also rewrites the statute so as to be more clearly understandable. Section 2 of this Act amends Section 951 of Title 13 of the Delaware Code. It allows persons who are not married but who are cohabitating to jointly adopt a child that is not theirs. The Act also changes the phrase "husband and wife" to "married couple."AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATED TO ADOPTION.
SA 1 to HB 40PassedPooreThis Amendment reduces the number of Board-appointed members to three and adds the City Manager of Delaware City as a Board member. 
HCR 46PassedMinor-BrownThis Concurrent Resolution recognizes Ramadan and Muslim residents of this State as they observe Ramadan.RECOGNIZING RAMADAN AND MUSLIM RESIDENTS OF THIS STATE AS THEY OBSERVE RAMADAN.
SA 1 to SB 26PassedDelcolloThis Amendment makes technical corrections to the Act to correct drafting errors. 
SA 1 to SB 47PassedLockmanThis Amendment does the following: (1) Removes an existing defined term that is made unnecessary by changes made by the Act. (2) Restores the aggravators for resisting arrest by and fleeing from a law enforcement officer. (3) Makes clear that a defendant may be charged with the crime of resisting arrest or the aggravator for resisting, but not both. (4) Makes clear the aggravator for a protected school zone applies when the conduct occurs in a protected school zone, but not when a pursuit of a suspect ends in the protected school zone. (5) Replaces references to “protected school zone” in offenses enhanced by the protected school zone with references to “aggravating factor”.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 15 w/ SA 1SignedLopezThis Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE.
SB 16 w/ SA 1SignedEnnisThis Act authorizes the Division of Motor Vehicles (“Division”) to issue special registration plates to motorcycle clubs without having to enact a special law for each request. A motorcycle club must have 50 applications for its special registration plate before the Division is required to issue a special registration plate; however, the requirement is reduced to 25 for certain motorcycle clubs. This Act is limited to owners of a motorcycle who are members of a motorcycle club and have completed or are enrolled in, and complete, an experienced rider course. This Act assesses a 1-time, $20 fee, $10 of which must be deposited by the Division into a special account to be used by the Division only for the expenses incurred in the administration of the motorcycle rider education program. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR MOTORCYCLES.
HB 46 w/ HA 2, HA 4 + SA 2SignedKowalkoThis Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners. This Act does all of the following: 1. Clarifies that tenants and landlords continue to each pay half of the monthly assessment, currently $5.00, which is deposited in the Delaware Manufactured Home Relocation Trust Fund. 2. Directs $0.50 of each tenant’s portion of the monthly assessment to the Attorney Fund. 3. Reduces the obligation of the landlord by $0.50 for each rented lot. This Act is drafted so that if both this Act and House Bill No. 45 are enacted in 2019, the changes made by this Act will be incorporated into the revisions to Chapter 70 of Title 25 made by House Bill No. 45. Sections 1 and 2 make the same technical corrections as House Bill No. 45 and Sections 1 and 3 make additional technical corrections, to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO A DELAWARE MANUFACTURED HOME OWNER ATTORNEY FUND.
HB 59 w/ HA 1SignedBennettThis Act requires the Secretary of the Department of Transportation to publish the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMUNITY TRANSPORTATION FUND.
SB 31SignedWilsonThe Department of Transportation is already authorized to issue multi-trip permits for pole and piling semitrailers and double-bottom vehicles, also known as “twin trailers,” on a monthly basis. This Act authorizes the Department to also issue the permits on an annual basis. The existing law provides that a monthly permit must be issued for a specified period; an annual permit, in contrast, is not limited to a specified period. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.
SB 34 w/ SA 1SignedHansenThis Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 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 on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A PRESCRIPTION OPIOID IMPACT FUND.
SCR 16PassedPettyjohnThis Concurrent Resolution designates the week of May 12, 2019 to May 18, 2019 as National Charter Schools Week and commends Delaware's charter public schools for their efforts in educating Delaware students.DESIGNATING THE WEEK OF MAY 12, 2019 TO MAY 18, 2019 AS NATIONAL CHARTER SCHOOLS WEEK.
HB 141 w/ HA 1SignedMinor-BrownNew daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.
SCR 43PassedLopezThis concurrent resolution designates the week May 19-25, 2019 as "Lyme Disease Awareness Week" in Delaware.DESIGNATING THE WEEK OF MAY 19-25, 2019 AS "LYME DISEASE AWARENESS WEEK" IN THE STATE OF DELAWARE.
SCR 48PassedPooreThis Resolution establishes the Utilities Coordination Working Group who are charged with recommending measures by January 1, 2020 to shorten the total time to coordinate and implement utility relocations on transportation projects on Delaware’s highways.ESTABLISHING A UTILITIES COORDINATION WORKING GROUP FOR THE STATE OF DELAWARE.
HA 1 to HB 141PassedMinor-BrownThis amendment clarifies that in order for a child under the age of 18 who has chronic debilitating migraines and new daily persistent headache to qualify as a patient to receive marijuana oil upon certification by a physician, the headaches must be resistant to conventional treatment and interventions. 
HA 1 to HB 59PassedBennettThis Amendment clarifies when the Secretary must begin posting transaction history information for Community Transportation Fund expenditures and what information must be posted. 

Senate Committee Assignments

Committee
Education
Executive

House Committee Assignments

Committee
Appropriations
Judiciary
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