Daily Report for 6/26/2019

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 15PassedSpiegelmanThis Resolution directs the Department of Transportation to make improvements to the administrative process of the collection of toll violations.DIRECTING THE DELAWARE DEPARTMENT OF TRANSPORTATION TO REVIEW AND MAKE IMPROVEMENTS TO THE ADMINISTRATIVE PROCESS FOR THE COLLECTION OF TOLL VIOLATIONS.
SB 175 w/ SA 1SignedMcDowellCurrently, the SEED program allows students a maximum of 6 semesters to complete an Associate Degree. This Bill allows SEED eligible students who complete their Associate Degree in fewer than 6 semesters to apply the remaining semesters of the grant toward a Bachelor’s Degree at either the University of Delaware or Delaware Technical and Community College.AN ACT TO AMEND TITLE 14 RELATING TO ELIGIBILITY FOR SEED GRANTS.
SCR 58PassedMcBrideThis Resolution honors the contributions of the 6888th Central Postal Directory Battalion of the Women's Army Corps.HONORING THE CONTRIBUTIONS OF THE 6888TH CENTRAL POSTAL DIRECTORY BATTALION OF THE WOMEN'S ARMY CORPS.
HA 2 to SB 147StrickenBriggs KingThis Amendment clarifies that "de-identified data" means information that cannot be directly linked to a specific person. 
SCR 59PassedWilsonThis Concurrent Resolution recognizes September 2019 as "Prostate Cancer Awareness Month" in the State of DelawareRECOGNIZING SEPTEMBER 2019 AS "PROSTATE CANCER AWARENESS" MONTH IN THE STATE OF DELAWARE.
SCR 60PassedMcBrideThis Concurrent Resolution recreates the Administrative Law Improvement Task Force (“Task Force”) to continue the Task Force’s work begun during the 149th General Assembly and issue its report by March 2, 2020. Specifially, the Task Force was charged with reviewing Delaware’s Administrative Procedures Act and other related statutes for the purpose of making recommendations to modernize Delaware’s administrative tribunal process, including judicial review of administrative tribunal decisions and processes for disputes involving land use and real property, including the Landlord Tenant Code. CREATING AN ADMINISTRATIVE LAW IMPROVEMENT TASK FORCE FOR THE PURPOSE OF REVIEWING AND IMPROVING THE ADMINISTRATIVE PROCEDURES ACT, PROCESSES FOR JUDICIAL REVIEW OF DECISIONS BY ADMINISTRATIVE TRIBUNALS, AND PROCESSES FOR DISPUTES INVOLVING LAND USE AND REAL PROPERTY, INCLUDING THE LANDLORD TENANT CODE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 124SignedOsienskiThis Bill modifies the impact of criminal history on an applicant’s eligibility for licensure. It gives the Board discretion to grant waivers for felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The Board is precluded from considering a conviction where more than 10 years have elapsed since the date of conviction.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION EXAMINERS.
HB 148SignedOsienskiThis Act allows the Department of Labor ("Department") to deliver notice by methods other than through mail to reduce costs by using e-mail delivery for certain notices and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING THE DELIVERY OF NOTICES BY THE DELAWARE DIVISION OF UNEMPLOYMENT COMPENSATION.
HB 149SignedOsienskiThis Act disqualifies an individual who obtained an overpayment of benefits through fraud from receiving future unemployment benefits until the total overpayment, penalties, and interest are repaid in full. This change does not apply to fraud overpayments established by final decision before the effective date of this Act. This Act also broadens the manner in which a notice of overpayment may be delivered and removes the 5 year deadline for filing actions to collect overpayments due to the Department. This Act takes effect 60 days after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE RECOUPMENT OF OVERPAYMENT OF BENEFITS.
HB 174SignedBushThis Act establishes standards for data security for Title 18 licensees and standards for the investigation of and notification to the Commissioner of a cybersecurity event affecting Title 18 licensees.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE INSURANCE DATA SECURITY ACT.
HB 198SignedOsienskiThis bill would increase the maximum weekly benefit amount that would be payable to claimants seeking unemployment compensation benefits from the Delaware Division of Unemployment Insurance from $330 a week to $400 a week. The funds necessary to pay the increased weekly benefit amounts would be paid from the Unemployment Trust Fund. This bill would also freeze the taxable wage base used by employers to determine what portion of employee’s wages are subject to unemployment insurance tax assessments, for the period July 1, 2019 to October 29, 2020, to allow the Division of Unemployment Insurance and the Unemployment Compensation Advisory Council to analyze whether to revise the taxable wage base formula into the future.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIVISION OF UNEMPLOYMENT COMPENSATION.
HB 219 w/ HA 1SignedCarsonThis Act allows the Department of Agriculture to establish fees that may be charged for participation in the Delaware Hemp program. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
SB 173 w/ SA 1 + HA 1Out of CommitteeSturgeonThis Act establishes the Universal Pre-K Consortium to recommend a comprehensive plan for the implementation of a mixed-delivery, non-compulsory public pre-kindergarten program for all 4 year olds in this State.AN ACT TO ESTABLISH THE UNIVERSAL PRE-K CONSORTIUM.
SA 1 to HB 205PassedLockmanThis Amendment removes the increase in the permissible apprentice-to-licensed professional ratio in a cosmetology shop, thereby leaving the existing ratio of a maximum of 2 apprentices for each licensed professional in a shop. This Amendment also makes 2 technical corrections. 
SA 1 to SB 173PassedSturgeonThis Amendment adds the Presidents of the Chief School Officers Association and the Delaware School Business Officials to the Consortium and adds specific information that must be included in the report that summarizes the work of the Consortium. 
SS 2 for SB 178SignedParadeeThe Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County. This Substitute places the lodging tax imposed by the Act in the same Delaware Code provision where the New Castle County lodging tax is placed and where the Sussex County lodging tax is proposed to be placed by House Bill No. 228 (150th General Assembly). This change in placement also results in excluding rentals by the Department of Natural Resources and Environmental Control from the lodging tax established by § 8112 of Title 9. This change also does the following: (1) Makes clear that the lodging tax power under § 8112(a) of Title 9 refers to New Castle County. (2) Makes technical corrections to the language of the Act, and existing law, to conform it to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 5 w/ SA 1SignedHansenThis Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund (“LIEF”), funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-on and carry-out facility. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute to Senate Bill No. 5 makes the following changes: • Clearly labels “littering” as a category of unlawful activity distinct from “dumping.” • Adds State parks, State forestry areas, State fish and wildlife areas, federal wildlife refuges, and lands within the State that are administered by the U.S. Department of Interior, National Park Service, to the list of areas that trigger enhanced penalties. • Establishes LIEF as a subaccount to the already-existing Special Law Enforcement Assistance Fund (“SLEAF”) under Subchapter II, Chapter 41, Title 11. • Requires disbursement of LIEF funds to follow the disbursement procedures already established for SLEAF. • Clarifies that the voluntary assessment alternative applies only to littering offenses. The penalty for dumping includes a mandatory community service obligation, so voluntary assessment cannot apply to dumping. • Updates language to allow courts to accept methods other than check or money order to make payments under this Act.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.
SB 54SignedEnnisThis Bill codifies Delaware’s compatibility with certain sections of the Federal Code of Regulations related to weight of vehicles and loads and commercial vehicle safety. Delaware enforces violations contained in the Code of Federal Regulations Parts 374, 385, and 386 and wishes to formally adopt those parts and any subsequent amendments thereto.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS AND MOTOR CARRIER SAFETY - RESPONSIBILITY.
SB 38SignedBrownThe Victim-Offender Mediation Committee was established by the 138th General Assembly in 1996. There have been no significant changes to the statute since then. The composition of the Committee and the nature of the services provided by vendors selected to provide victim-offender mediation services, however, has changed since the program's inception in 1996. For example, the Court of Common Pleas is the principal beneficiary of the program but is not a Committee member. This Act updates the composition of the Committee; renames the Committee to acknowledge the broader scope of services provided by vendors selected by the Committee to run alternative case resolution services; updates criteria used to select vendors and reporting requirements; and makes additional corrections to conform to the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VICTIM-OFFENDER MEDIATION.
HB 114 w/ HA 1 + SA 1SignedCookeThis Bill raises the time periods for public access to individual vital records from 72 years to 80 years after the date of birth, and from 40 years to 50 years after the date of death or marriage.AN ACT TO AMEND TITLE 13 AND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC ACCESS TO VITAL STATISTICS RECORDS.
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 72SignedMcBrideThis bill serves to "decouple" the required examination in Principles and Practice of Engineering from the experience requirements. Applicants who have met their educational requirements may take the examination prior to completion of their experience. (This amendment does not apply to applicants who become licensed solely through experience without an educational component.) Decoupling serves to safeguard life, health, and property and promotes the public welfare by encouraging and facilitating engineering students and new engineers to pursue licensure without lowering the requirements for licensure. Currently, 16 states allow applicants to take the examination before completion of 4 years of experience. This bill also specifies that, for comity applicants, experience may be accepted even where it is obtained outside of the states, territories, or possessions of the United States, the District of Columbia, or provinces or territories of Canada.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.
HB 118 w/ HA 1, HA 2, HA 3Passed HouseBriggs KingThis Act enables Sussex County to establish ordinances, rules, and regulations regarding property maintenance and penalties for violations of said ordinances, rules, and regulations.AN ACT TO AMEND TITLE 9 PART IV OF THE DELAWARE CODE RELATING TO PROPERTY MAINTENANCE.
SS 1 for SB 37 w/ SA 1SignedBrownIn our modern society, a criminal record can limit a person’s opportunities and the quality of life they can achieve for themselves and their families for years, and even decades, after that person has completed the terms of the criminal sentence imposed. Even the existence of an arrest record with no conviction can limit job opportunities, housing, access to higher education, credit, and access to jobs that require professional licensing. The General Assembly has expanded the availability of expungement for juvenile adjudications of delinquency quite dramatically in recent years, in recognition that people can and do change and move beyond mistakes of their past. The intent of this Act is to extend that same recognition to some categories of adult records of arrest and conviction. At present, Delaware allows adults to petition to have a record expunged in only 2 circumstances: (1) for an arrest that did not lead to conviction and (2) after a pardon is granted – but for certain misdemeanor offenses only. Under this Act, a person may have a record expunged through a petition to the State Bureau of Identification (SBI) for (1) charges resolved in favor of the petitioner; (2) a record that includes violations only after the passage of 3 years; and (3) some misdemeanors after 5 years. Excluded from this SBI-only expungement process are convictions for any misdemeanor crimes of domestic violence, misdemeanor crimes where the victim is a child or a vulnerable adult, and unlawful sexual contact in the third degree. Allowing expungements for arrests without convictions and minor, isolated convictions through an application to the SBI will ease the burden on the courts and the Board of Pardons. This Act also provides that the court may grant a petition for expungement upon a showing of “manifest injustice” in the following situations: (1) 3 years have passed since the date of a single misdemeanor conviction; (2) a person has a single conviction in a felony case and 7 years have passed from the date of conviction or release from incarceration, whichever is later; (3) 7 years have passed since conviction or release from incarceration on misdemeanor domestic violence or misdemeanor conviction with child or vulnerable adult victim. A felony conviction for any of the following crimes is not eligible for expungement through this discretionary only expungement process, but may be expunged by a court following a pardon: Title 11 violent felonies; § 1136 of Title 16 (crimes against a resident of a long-term care facility; § 3913 of Title 31 (crimes against an adult who is impaired due to a physical or mental disability); and any “felony conviction involving physical or sexual assault crimes” as defined in the Beau Biden Child Protection Act. The Department of Justice will have an opportunity to state its position on the expungement petition to the court, and is empowered to seek input from any victim in the case. In all cases, the applicant for expungement must have no prior or subsequent convictions (other than traffic offenses, and underage alcohol or marijuana possession) in order to be eligible. A person is not allowed to apply for expungement under this process if an expungement has been granted within the last 10 years. Fines, fees, and restitution must be paid before an expungement may be granted; however, courts are empowered to waive outstanding fines or convert them to a civil judgement if they are unpaid for reasons other than willful noncompliance. Most Title 21 (traffic offenses), including DUI, are ineligible for expungement under this Act. However, traffic offenses (other than DUIs) will also not operate as a bar to the expungement of other charges. The Act strikes provisions in Title 10 relating to expungement of adult records in Family Court and consolidates them with the Title 11 expungement provisions. Conforming changes are made to cross-references in Title 4 and 16. This Substitute Bill differs from Senate Bill No. 37 as follows: (1) Adds Vehicular Assault in the Second Degree, Incest, Coercion, and Unlawfully Dealing with a Child to the list of crimes that can be expunged only if the individual first receives a pardon. That list previously included only Unlawful Sexual Contact in the Third Degree. (2) Makes clear that an expungement does not result in an individual’s automatic removal from the Child Protection Registry or the Adult Abuse Registry. (3) Adds certain misdemeanor property crimes to the list of misdemeanor crimes of domestic violence that may be expunged only through the discretionary expungement process. (4) Permits the State Bureau of Identification to continue to promulgate regulations and impose fees for mandatory expungements under § 4373 of Title 11. This change also makes a technical correction to conform the existing law to the standards of the Delaware Legislative Drafting Manual. (5) Gives the Department of Justice additional time to answer a petition for discretionary expungement so that the Department has sufficient time to contact the victim of the crime. (6) Permits the victim of the crime to provide a written statement to the court when a defendant seeks a discretionary expungement and to testify at a hearing if one is held. (7) Requires, as part of the Victims’ Bill of Rights, that the Department of Justice to provide notice to the victim that the defendant is seeking a discretionary expungement; that the victim may provide a statement or testify, if a hearing is held; of the date, time, and place of any hearing; and of the court’s decision on the expungement petition. (8) Makes the following crimes not eligible for discretionary expungement following a pardon: Manslaughter, Murder in the Second Degree, Murder in the First Degree, Rape in the Second Degree, Rape in the First Degree, and Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree. (9) Includes references to the First Offender Domestic Violence Diversion Program, under § 1024 of Title 10, so that expunged records related to this program may be accessed by criminal justice agencies to determine if an individual is eligible for the program. (10) Permits law-enforcement to access expunged records in any criminal investigation, not just a felony investigation. (11) Permits criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of Title 11 to access expunged records. (12) Makes clear that an expungement does not require the destruction of DNA taken under § 4713 of Title 29. (13) Allows the use of an expunged record in sentencing for a subsequent offense or on application for a pardon of a subsequent offense. (14) Makes clear that it is the State Bureau of Identification’s responsibility to inform federal law-enforcement of an order of expungement. (15) Makes clear that the 10 year waiting period for a subsequent expungement does not apply to an individual who is seeking a mandatory expungement because the case was terminated in the individual’s favor. (16) Removes language that would preclude an individual from obtaining an expungement if the individual has a prior or subsequent driving under the influence offense. (17) Makes an additional conforming change to remove § 1027 of Title 10, which is obsolete based on the change to § 1025 of Title 10. (18) Makes technical corrections, including to correct an internal reference and add an existing section heading to the Act for clarity. Finally, this Act is to be known as the Adult Expungement Reform Act and implementation of the Act is delayed for 180 days to allow State agencies to prepare necessary procedures and forms. AN ACT TO AMEND TITLE 4, TITLE 10, TITLE 11, AND TITLE 16 OF THE DELAWARE CODE RELATING EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION.
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.
HB 139SignedK. JohnsonThis Act will enable New Castle County to collect delinquent sewer service charges under the procedures established by Chapter 87 of Title 9 for the collection of delinquent county taxes. Under the existing method for New Castle County established by Chapter 22, Subchapter II (Monition Method of Sale in New Castle County), of Title 9 for the collection of delinquent sewer service charges, a jury trial must be held if the property owner or an interested party submits an affidavit of defense denying the service charges in whole or in part. In addition, under Section 2211 of Title 9, County Council must first levy the delinquent sewer service charges as an assessment prior to the institution of any legal proceedings. This Act removes the existing sewer monition method of sale in its entirety and will enable New Castle County to collect delinquent sewer service charges in the same manner as taxes are collected under the less burdensome and more efficient monition method of sale established by Chapter 87 of Title 9. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO USE BY NEW CASTLE COUNTY OF THE MONITION METHOD OF SALE FOR THE COLLECTION OF DELINQUENT TAXES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES.
SB 47 w/ SA 1SignedLockmanThis 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 87SignedHansenThis act designates the Bellanca Cruisair as the official historical aircraft of Delaware.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE HISTORICAL AIRCRAFT.
SB 97SignedEnnisThis Act ratifies the National Crime Prevention and Privacy Compact, 34 U.S.C. §40316 (formerly cited as 42 U.S.C. § 14616), a requirement that allows Delaware to join the Compact as a Party State. The Compact serves as the infrastructure by which states can exchange criminal records for noncriminal justice purposes according to the laws of the requesting state and provide reciprocity among the states to share records without charging each other for the information.AN ACT TO AMEND CHAPTER 85, TITLE 11 OF THE DELAWARE CODE RELATING TO THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.
SB 98SignedPooreThis Act amends the Municipal Charter of the City of Delaware City by allowing the Mayor and Council to impose a lodging tax of no more than 3%. AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY RELATING TO THE POWER TO RAISE REVENUE.
HA 1 to HB 118PassedBriggs KingThis amendment clarifies what agricultural lands and structures are exempted from regulation. 
HS 1 for HB 92 w/ HA 1SignedK. WilliamsThis bill creates an Expanded Learning Opportunities Subcommittee as part of the Interagency Resource Management Committee (IRMC) to provide research, recommendations, and coordination regarding before and after school programs and summer learning opportunities for school-age children. The chairperson of the subcommittee is also added to the Interagency Resource Management Committee as a non-voting member. The creation of an Expanded Learning Opportunities Subcommittee was one of the primary recommendations of the Statewide Afterschool Initiative Task Force, which was created by the 148th General Assembly. The Task Force felt that the design and delivery of services would be enhanced by a standing body tasked with tracking developments across the country and in the State, with a view towards encouraging the development of programs and funding models that maximize positive outcomes.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS.
SB 133SignedHansenThis Act revises the membership of the Fund Committee for special animal welfare license plates by including the Executive Directors of organizations instead of the presidents of the organization’s board of directors and adds the Executive Director of the Brandywine Valley SPCA to the Fund Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL ANIMAL WELFARE LICENSE PLATES.
HB 6 w/ HA 1SignedCarsonThis bill streamlines the process by which the Department may incorporate into its regulations tidal finfish management measures that have been adopted and specified in a regional or federal fisheries management plan or rule. This bill also eliminates procedures for the promulgation of tidal finfish regulations that the Delaware Administrative Procedures Act has rendered obsolete. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS.
HA 1 to HS 1 for HB 92PassedK. WilliamsThis Amendment corrects who will appoint the representative of the Provider Advisory Board on the Interagency Resource Management Committee (IRMC) Extended Learning Opportunities Subcommittee and changes that appointing person from the Department of Services for Children, Youth and their Families to the Chair of the Provider Advisory Board.  
HB 195SignedBushThe purpose of the Bill is to update the existing beekeeping code to better reflect current practices. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
SB 143SignedParadeeThe Plans Management Board (the “Board”) oversees and administers the State's Deferred Compensation Program authorized under chapter 60A of Title 29 of the Delaware Code. The Deferred Compensation Program encompasses the following 3 distinct supplemental retirement plans authorized under the Internal Revenue Code: the State's deferred compensation plan under 26 U.S.C. § 457(b); the State's tax-sheltered annuity plan for certain education employees under § 403(b); and the State’s employer match plan under 26 U.S.C. § 401(a). The Board also oversees and administers the State’s College Investment Plan under 26 U.S.C. § 529, authorized by Subchapter XII, Chapter 34 of Title 14 of the Delaware Code, and the State’s Achieving a Better Life Experience (“ABLE”) Program, authorized by Chapter 96A of Title 16 of the Delaware Code. None of these plans is subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Section 1 of this Act proposes a separate fiduciary standard for the College Investment and ABLE plans. The existing standard of care under § 2722(d) of Title 29, which presently covers all 5 plans, closely tracks the standard of care for retirement plans subject to ERISA. The existing standard, while appropriate for the State’s supplemental retirement plans, may restrict the Board’s ability to use administrative fees collected from participants in the College Investment Plan and ABLE Program to fund marketing expenses and implement scholarship, match, or promotional programs, as is common in the industry. The proposed standard for the College Investment Plan and ABLE Program maintains a high “prudent person” standard but will give the Board needed flexibility to use administrative fees to attract participants in the highly competitive College Investment Plan and ABLE Program markets. Section 2 of this Act addresses subcommittee members who are not also members of the full Board. This section makes clear such individuals are entitled to reimbursement and indemnification to the same extent as Board members.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PLANS MANAGEMENT BOARD.
HB 205 w/ HA 1 + SA 1SignedDorsey WalkerThis bill clarifies the options for becoming licensed as a master barber. In particular, a cosmetologist will be able to become licensed as a master barber after one year of post-licensure work experience and a 35-hour course in shaving. The reciprocity provision requires that an applicant from a state with less stringent licensure requirements than those of Delaware have work experience. The provision has been amended to require one continuous year of licensed experience obtained within the 5 years immediately preceding application. This amendment will address the ongoing challenge where applicants from neighboring states have difficulty becoming licensed in Delaware. The limitation on daily work hours has been stricken. Part-time applicants at times need to work more than 10 hours per day to meet licensure requirements. The 40 hours per week cap remains. The apprenticeship provision has been amended to permit a licensed instructor to supervise up to 5 apprentices. Revisions clarify that only temporary hair removal is within the scope of practice for cosmetologists and aestheticians. Finally, the reinstatement provision has been revised to provide that, if a licensee has not renewed his or her license within 5 years, that licensee can apply for reinstatement by taking the practical examination again. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING.
HA 2 to HB 118PassedBriggs KingThis amendment clarifies that state parks and wildlife areas are exempted from regulation. 
HB 220 w/ HA 1, HA 2SignedBentzThis Act adds coverage for Medication Assisted Treatment ("MAT") for drug and alcohol dependencies to the mental health parity laws for health insurance. This Act requires health insurance carriers to provide coverage for prescription medications approved by the U.S. Food and Drug Administration for MAT at no greater financial burden than for prescription medication for other illness or disease, without step therapy requirements, and at the lowest tier of the drug formulary. 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 INSURANCE COVERAGE FOR DRUG AND ALCOHOL DEPENDENCY AND MEDICATION ASSISTED TREATMENT.
HJR 6SignedSeigfriedThis Joint Resolution calls on the Behavioral Health Consortium to issue legislative and regulatory recommendations which would increase access to the total number of Medication Assisted Treatment prescribers among all providers.DIRECTING THE BEHAVIORAL HEALTH CONSORTIUM TO ISSUE LEGISLATIVE AND REGULATORY RECOMMENDATIONS TO INCREASE THE TOTAL NUMBER OF BUPRENORPHINE PRESCRIBERS.
HB 222 w/ HA 1, HA 3SignedChukwuochaThis Act allows the State Board of Education to change or alter boundaries of reorganized school districts. It allows the State Board of Education to do so based upon redistricting recommendations from the newly formed Redding Consortium for Educational Equity ("Consortium"). It requires the Consortium to provide its recommendations through a transition, resource, and implementation plan for redistricting, the contents of which are specified in the Act.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REORGANIZATION OF SCHOOL DISTRICTS.
HB 230SignedBennettThis Act allows the Delaware Health Information Network ("DHIN") to enter into an appropriate agreement with the State Council for Persons with Disabilities (“SCPD”) to provide access to all claims data reported to the Delaware Health Care Claims Database. The SCPD’s Brain Injury Committee (“BIC”) has been discussing the BIC’s need for data with the DHIN for over a year and the DHIN and the SCPD found that utilizing existing data collection systems is more cost-effective and efficient than setting up a separate registry for Delaware’s Traumatic Brain Injury (“TBI”) patients. Access to current and accurate TBI data from the Delaware Health Care Claims Database will assist the SCPD to do the following: 1. Enhance the ability to identify scope of service needs and gaps in services. 2. Enhance the ability to leverage federal funds because past grant opportunities were denied, in part, because of a lack of reliable and useful Delaware data. 3. Incorporate the use of the data into research studies on the effectiveness of services provided, return on efforts, and cost-effectiveness.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH CARE CLAIMS DATABASE.
HB 231 w/ HA 1SignedCarsonThis Act authorizes the Department of Agriculture to impose civil penalties consistent with the amounts imposed in other states when livestock have been found to have run at large on the public highways or on unenclosed land within the State. This Act adds a provision as exists in the Delaware False Claims Act, 6 Del. C §1204(f), allowing for the enforcement as judgments of administrative orders that are final and no longer subject to judicial review. Lastly, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LIVESTOCK AT LARGE.
HA 1 to HB 220PassedBentzThis Amendment clarifies that under current law and as amended by this Act, § 3343 of Title 18 does not apply to State-sponsored insurance plans under Title 29. 
HA 1 to HB 6PassedCarsonThis amendment corrects drafting errors. 
HA 2 to HB 220PassedBentzThis Amendment does the following: 1. Defines "medication assisted treatment". 2. Uses the term "medication assisted treatment" to identify medication approved for the treatment of drug and alcohol dependencies. 3. Requires that at least 1 formulation of each prescription medication for medication assisted treatment on each tier of a drug formulary be available without a step therapy requirement. 4. Adds an effective date for this Act. 
HA 1 to HB 231PassedCarsonThis Amendment clarifies that the administrative order must be filed in the Office of the Prothonotary or appropriate court before such order can be collected upon as a judgment. Judgments filed in the Office of the Prothonotary creates a lien upon the property of the judgment debtor. 
HA 1 to HB 222PassedBriggs KingUnder the Act, a redistricting plan is written by the Redding Consortium for Educational Equity ("Consortium"), approved by the State Board of Education, and finally approved by Joint Resolution by the General Assembly and Governor. This Amendment removes the requirement that the General Assembly establish and fund the plan immediately, before any of the necessary steps in the process have occurred. In its place, this Amendment requires the following: (1) The Controller General to prepare a fiscal analysis of the State Board of Education's decision to change school district boundaries based on the work of the Consortium before the General Assembly considers the Joint Resolution required under § 1026(d) of Title 14. (2) State agencies to assist the Controller General as necessary to prepare the fiscal analysis. (3) The General Assembly, through its normal budget process, to determine the funding, if any, to be appropriated to provide resources needed for the implementation of the redistricting plan approved by the Joint Resolution. 
HA 3 to HB 118PassedBriggs KingThis amendment specifies that unless Sussex County is transferred the responsibility of local code enforcement, the bill will not apply to properties, buildings, or structures within any incorporated city or town in Sussex County. 
HA 3 to HB 222PassedChukwuochaThis amendment makes technical corrections to conform to the drafting manual. It also states that the Consortium’s plan must be reviewed by the State Board of Education State Board of Education on or after January 1, 2021 and no later than April 1, 2021 to take effect on or after July 1, 2023 and no later than July 1, 2025. 

Senate Committee Assignments

Committee
Executive

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Housing & Community Affairs
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Agriculture
Banking, Business & Insurance
Education
Environmental & Natural Resources
Executive
Labor
Transportation

House Committee Report

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Judiciary
Labor
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Adams-Perry, MeghanConfirmedJudge of the Superior CourtNew
Ferrell, Emily ConfirmedJustice of the PeaceReappointment
Lafferty, WilliamConfirmedTrustee of the University of Delaware Board of TrusteesNew
Lodhavia, RajalakshmiConfirmedTrustee of the University of Delaware Board of TrusteesNew
Marquardt, Claire DeMatteisConfirmedCommissioner of the Department of CorrectionNew
Mayo, JenniferConfirmedCommissioner of Family CourtReappointment
Moore, RourkeConfirmedState Public Integrity CommissionNew
Moyer, AmandaConfirmedJustice of the PeaceReappointment
Pettyjohn, KellyConfirmedAlderman of the Town of LaurelReappointment
Reis, Mary DeSalesConfirmedCommissioner of Family CourtReappointment
Ross, GeraldConfirmedJustice of the PeaceReappointment
Wilson, KevinConfirmedJustice of the PeaceReappointment
Young, LorettaConfirmedCommissioner of Family CourtReappointment