Daily Report for 6/27/2019

Governor's Actions

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 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 91 w/ HA 1SignedBentzThis Act updates the definition of hospital, raises the fees associated with hospital licensing, and imposes an additional fee for plan reviews prior to construction or renovation of hospitals.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITALS.
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 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.
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 122 w/ HA 2SignedBradySection 1 of this Act allows those licensed as importers to pay tax upon the sale of alcoholic beverages to customers, instead of the tax being due when the alcoholic beverages come to rest in the State of Delaware. Section 2 of this Act provides that if any of the provisions are found to be unconstitutional, the remaining provisions will stand. Section 3 of this Act provides that the legislation will be effective as of July 1, 2019.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATED TO COLLECTION OF TAX ON ALCOHOLIC BEVERAGES.
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 5 w/ HA 2SignedLonghurstThe stacking of sentences can, and has, in some cases, result in severe prison sentences without permitting the sentencing judge any discretion as to the offender’s individual circumstances or the facts of the case. In order to provide such judicial discretion, this bill reforms concurrent and consecutive sentencing. This bill provides sentencing judges with the discretion to sentence prison time concurrently when appropriate. However, this bill mandates consecutive sentences when there are multiple victims for the most serious crimes. In addition, this bill requires consecutive sentences for assault in a detention facility. Under this bill, based upon the facts and circumstances of a case, prosecutors are able to recommend and judges have the discretion to order consecutive sentences. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMPRISONMENT.
HB 173 w/ HA 1SignedSchwartzkopfThis bill makes changes to the Adult Correction Healthcare Review Committee by adding the chairpersons of the House and Senate Correction committees as ex-officio non-voting members. This bill also places this Committee within the Criminal Justice Council so the Committee has the administrative support it needs to effectuate its purpose. This bill also tasks the Committee with advising not only the Commissioner of the Department of Correction but also the Governor and the General Assembly on matters concerning inmate health-care services in our State’s correctional institutions. This bill makes clear that certain State agencies and contractors providing medical services to inmates must provide information requested by the Committee. This Committee is not a public body, and the bill emphasizes that Committee members must abide by federal and state laws regarding the privacy of protected health information and provides penalties for violations of the privacy of such information.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRISONS AND PRISONERS.
HB 172SignedBentzThis Act, the Psychology Interjurisdictional Compact (PSYPACT), is an interstate compact designed to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state boundaries. PSYPACT has become operational as at least seven states have enacted PSYPACT legislation. Through PSYPACT, licensed psychologists are able to apply for and use Association of State and Provincial Psychology Boards (ASPPB) certificates, which include the E.Passport to practice telepsychology and the Interjurisdictional Practice Certificate (IPC) to conduct temporary in-person, face-to-face practice in PSYPACT states.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE CREATING A PSYCHOLOGY INTERJURISDICTIONAL COMPACT.
HB 190SignedViolaThis bill makes several updates to the Delaware Interactive Fantasy Contests Act initially signed into law on July 26, 2017, including the permanent removal of the July 1, 2019 sunset date from § 4860, Title 29 and § 2301, Title 30 of the Delaware Code. This bill allows authorized Delaware players to include non-Delaware collegiate athletes on their fantasy sports rosters, clarifies that employees (and certain of their family members) of fantasy sports operators/registrants may engage in non-public interactive sports contests, and allows the Director of the Division of Gaming Enforcement to issue a temporary registration to interactive fantasy sports operators, and eliminates the outdated provision for operators who were awaiting the now available registration application. Finally, this bill sets the registrants’ license fee rate at 15.5%.AN ACT TO AMEND TITLE 29 AND TITLE 30 OF THE DELAWARE CODE RELATING TO INTERACTIVE FANTASY CONTESTS.
HB 225SignedQ. JohnsonThis 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 226SignedQ. JohnsonThis Act appropriates $61,980,700 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.
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.
HJR 3SignedQ. JohnsonThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2019.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2019.
HJR 4SignedQ. JohnsonThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2020.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2020.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 16PassedJaquesThis House Resolution recognizes June 2019 as “Post-Traumatic Stress Injury Month” and June 27, 2019, as “Post-Traumatic Stress Injury Day”, and encourages State agencies to continue their work educating victims of assault or abuse, combat, serious accidents, and natural disasters about the causes, symptoms, and treatment of PTSI.RECOGNIZES JUNE 2019 AS “POST-TRAUMATIC STRESS INJURY MONTH” AND JUNE 27, 2019, AS “POST-TRAUMATIC STRESS INJURY DAY”.
HCR 58Passed HouseD. ShortThis concurrent resolution encourages the Department of Education to establish RAVE security systems in all public and charter schools.ESTABLISHING RAVE SECURITY SYSTEMS IN ALL PUBLIC AND CHARTER SCHOOLS THROUGHOUT DELAWARE TO ENHANCE THE SAFETY AND SECURITY OF EVERY STUDENT, STAFF MEMBER, AND PARENT.
SR 10PassedEnnisThis resolution directs the Department of Corrections to provide all forms of FDA-approved medication for Medication Assisted Treatment for opioid use disorder.DIRECTING THE DEPARTMENT OF CORRECTION TO FURTHER PROVIDE MEDICATION ASSISTED TREATMENT TO AN EXPANDED POPULATION OF JUSTICE-INVOLVED INDIVIDUALS.
SR 11PassedEnnisThis resolution encourages the Division of Medicaid and Medical Assistance and the Department of Correction to facilitate continuous health coverage for individuals with opioid use disorder, other substance use disorders, or high health needs upon release.DIRECTING THE DEPARTMENT OF CORRECTION TO FURTHER EXPAND TRANSITIONAL SERVICES TO JUSTICE-INVOLVED INDIVIDUALS WITH SUBSTANCE USE DISORDER.
SR 12PassedTownsendThis Senate Resolution reaffirms the sister-state relationship between the State of Delaware and Taiwan, supports the strengthening of bilateral trade relations with Taiwan, and supports Taiwan's meaningful participation in and contribution to international organizations.REAFFIRMING THE SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF DELAWARE AND TAIWAN, STRENGTHENING BILATERAL TRADE RELATIONS WITH TAIWAN, AND SUPPORTING TAIWAN'S PARTICIPATION IN INTERNATIONAL ORGANIZATIONS.
SCR 57Passed SenateBrownThis Resolution recognizes the importance of the Decennial Census and the work of the Governor's Complete Count Commission.RECOGNIZING THE UNITED STATES DECENNIAL CENSUS AND THE GOVERNOR’S 2020 COMPLETE COUNT COMMISSION.
HCR 56Passed HouseLynnThis resolution establishes the Interagency Fines and Fees Task Force to study and make findings and recommendations on the impact court-imposed fines and fees have on defendants and the imposition and collection of court-imposed fines and fees.AN ACT ESTABLISHING THE INTERAGENCY FINES AND FEES TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS ON THE IMPACT COURT-IMPOSED FINES AND FEES HAVE ON DEFENDANTS AND THE IMPOSTION AND COLLECTION OF COURT-IMPOSED FINES AND FEES.
HR 17PassedViolaThis resolution celebrates the landmark 40th anniversary of the enactment of the Taiwan Relations Act, supports Taiwan’s signing of a Bilateral Trade Agreement with the United States, reaffirms support for Taiwan’s meaningful participation and contribution in international organizations, and reaffirms support for strengthening and expanding sister-state ties between the State of Delaware and Taiwan.CELEBRATING THE LANDMARK 40TH ANNIVERSARY OF THE ENACTMENT OF THE TAIWAN RELATIONS ACT AND SUPPORTING TAIWAN’S SIGNING OF A BILATERAL TRADE AGREEMENT WITH THE UNITED STATES.
HA 1 to SB 139PWBSpiegelmanThis amendment clarifies the language relating to when a dog may not be left in conditions where the health and safety of the dog is at risk. 
SB 180SignedSokolaThis 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 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.
HB 253CommitteeK. WilliamsIn addition to criminal background checks that are to be done upon application, this bill further permits SBI to release subsequent criminal histories of any individuals applying to public and private schools, including substitute teachers, and individuals applying to any private school or youth camp.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO SBI PROVIDING SUBSEQUENT CRIMINAL HISTORIES OF THOSE APPLYING TO PUBLIC SCHOOLS, PRIVATE SCHOOLS AND YOUTH CAMPS.
HB 254CommitteeK. WilliamsThis act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-bearing seminars or workshops or credit-bearing coursework in order to attain standard certification in a state-approved critical need area.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATOR PROGRAMS.
HB 256CommitteeK. WilliamsThis bill requires criminal background checks for any current or prospective employees, contractors, and volunteers of the Division of Health and Social Services that visit families in their homes and in the community or have regular, direct access to children or adolescents under the age of 18. This background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.
HA 1 to SB 173PWBQ. JohnsonThis Amendment adds 2 members to the Universal Pre-K Consortium, who must be from different counties and provide early childhood education.  
HB 252CommitteeK. WilliamsThe minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES RECEIVING TIPS OR GRATUITIES.
SA 1 to SB 171PWBPooreThis Act makes amendments to Senate Bill 171 based upon feedback from DHSS. It changes "provisional" license to "initial" license and "regular" license to "biannual" license. It also provides that an initial license cannot be renewed. It limits the transfer of licenses among persons and entities and clarifies when separate licenses are needed for urgent care facilities operated by the same management. Finally, it clarifies language regarding certification for urgent cares owned and operated by hospitals who are approved by the Centers for Medicare and Medicaid. 
HB 251CommitteeK. WilliamsThis bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees must earn at least 50% of their income from tips or gratuities, and that the tips must come directly from customers not from tip pools or other similar intervening mechanism. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities. Lastly, this bill requires employers to give advance notice to its employees that receive tips or gratuities of: (1) the amount of the direct wage being paid to the employee; (2) the amount of tips or gratuities to be credited toward the minimum wage; (3) that all tips or gratuities must be retained by the employee, except for tip pools; (4) the tip or gratuity credit may not apply to any employee that did not receive the notice; (5) that the tip pool contribution will not be used to offset the employer’s statutory obligations to pay the minimum wage to other employees; and (6) that the employer must keep accurate records of all tips or gratuities received. If an employer does not provide this notice, the employer will be liable for a civil fine. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES THAT RECEIVE TIPS OR GRATUITIES.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
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.
HB 143SignedBushSection 1 of this Act clarifies the definition of the term “policy” for purposes of §§ 3903-3907 of Title 18 of the Delaware Code to apply only to personal automobile insurance policies and not commercial or other types of policies. Section 2 of this Act extends the amount of notice that an insurer must provide to a private passenger policyholder before cancelling an automobile policy for nonpayment of premium from 10 to 15 days. Section 3 of this Act sets standards for cancellation and nonrenewal notice requirements for commercial automobile policies. Section 4 of this Act is a housekeeping item and adds cross reference in Title 21 to the newly-created section 3920 for commercial policies. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLES 18 AND 21 OF THE DELAWARE CODE RELATING TO AUTOMOBILE INSURANCE POLICIES.
HB 156SignedDukesThis bill allows our wounded warriors or similar veterans' organizations who have been honorably discharged from the armed forces of the United States and have at least a 60% service-connected disability to be able to obtain a license to hunt, trap, and fish in this State without charge.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO LICENSES TO HUNT, TRAP, AND FISH.
HCR 52PassedBriggs KingThis resolution urges the Director of the Delaware Division of Public Health to designate Alzheimer's Disease and other dementias as public health issues.A RESOLUTION URGING THE DIRECTOR OF THE DELAWARE DIVISION OF PUBLIC HEALTH TO DESIGNATE ALZHEIMER'S DISEASE AND OTHER DEMENTIAS AS PUBLIC HEALTH ISSUES.
HB 79 w/ HA 1, HA 2SignedMinor-BrownThis bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING DEFAULT BEVERAGES IN CHILDRENS’ MEALS IN RESTAURANTS.
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.
SS 1 for SB 24 w/ SA 1SignedDelcolloThis Substitute differs from Senate Bill No. 24 by requiring a patient to apply for a compassionate use medical marijuana card when a doctor recommends medical marijuana to a patient who does not have a qualifying debilitating medical condition. To apply for a compassionate use card, this Substitute requires: 1. The patient, or it under age 18, the patient’s parent or legal guardian, submit a signed statement attesting to the patient's informed consent to try a treatment that does not have medical evidence of effectiveness. 2. The patient’s physician certify that the patient has a severe and debilitating condition, current standard care practices and treatments have been exhausted, and there are grounds to support that the patient may benefit from this treatment. The physician must periodically re-evaluate the efficacy of the medical marijuana treatment. This Substitute also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and compassionate use patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.
HB 194 w/ HA 1SignedBennettOver 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates PBMs. Specifically, this Act does the following: (1) Requires PBMs to register with the Insurance Commissioner. (2) Permits the Insurance Commissioner to issue cease and desist orders based on fraudulent acts or violations of Chapter 33A of Title 18 committed by PBMs. (3) Requires PBMs to maintain certain records. (4) Permits the Insurance Commissioner to examine the affairs of PBMs. (5) Grants the Insurance Commissioner the authority to enforce Chapter 33A of Title 18 by imposing fines, requiring PBMs to take affirmative actions, and suspending, denying, or revoking a PBM’s registration. In addition, this Act updates existing law regarding maximum allowable cost lists and establishes a more transparent appeals process for a pharmacy to rely on if a PBM does not reimburse the pharmacy the amount owed under their contract or the maximum allowable cost list. Finally, this Act 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 PHARMACY BENEFITS MANAGERS.
HJR 5SignedHeffernanThis Joint Resolution recognizes the University of Delaware's Center for Environmental Monitoring and Analysis as the official repository of historical and real-time weather and climatological observations for the State of Delaware.RECOGNIZING THE UNIVERSITY OF DELAWARE'S CENTER FOR ENVIRONMENTAL MONITORING AND ANALYSIS AS THE OFFICIAL REPOSITORY OF HISTORICAL AND REAL-TIME WEATHER AND CLIMATOLOGICAL OBSERVATIONS FOR THE STATE OF DELAWARE.
HB 199SignedBushThis Act amends various chapters under Title 5 to facilitate the modernization of certain practices and procedures at the Office of the State Bank Commissioner. In particular, this Act authorizes the State Bank Commissioner to require applicants for financial services licenses for mortgage loan brokers (Chapter 21), licensed lenders (Chapter 22), money transmitters (Chapter 23), check cashers (Chapter 27) and motor vehicle sales finance companies (Chapter 29) to provide fingerprints for purposes of criminal background checks. Mortgage loan originators licensed by the State Bank Commissioner pursuant to Chapter 24 already are required to provide fingerprints in connection with license applications, and many other states also require criminal background checks for other types of financial services licensees. This Act also authorizes the State Bank Commissioner to expand the Office's participation in a multi-state automated licensing system, by using that system to process license applications for money transmitters, check cashers, and motor vehicle sales finance companies. That same system is currently used for processing license applications for mortgage loan brokers, licensed lenders, and mortgage loan originators. Lastly, this Act establishes a sunset provision of July 1, 2019 for §2509E of Title 6 concerning the maximum rate of interest on debts for federal workers in response to a federal government shutdown. AN ACT TO AMEND TITLE 5 AND TITLE 6 OF THE DELAWARE CODE RELATING TO BANKS, OTHER FINANCIAL INSTITUTIONS, AND THE RATE OF INTEREST ON CERTAIN DEBT.
HB 206SignedMatthewsThis Act authorizes the Division of Motor Vehicles to issue special registration plates to commemorate the Delaware State Education Association centennial. It also allows the Division to collect a 1-time administrative fee of $15 to be deposited into a special fund and used by the Division for administrative costs.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR THE DELAWARE STATE EDUCATION ASSOCIATION CENTENNIAL.
HB 211SignedCarsonThe purpose of the Bill is to change the requirement in the seed law for germination testing from 14 months to 9 months prior to sale. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
HS 3 for HB 221PassedMitchellThe bill makes any "police officer" employed by the State and its political subdivisions not currently under the jurisdiction of the Police Officers' and Firefighters' Employment Relations Act subject to it. The purpose of this bill is to render all police and firefighters employed by the State not currently subject to the Police Officers' and Firefighters' Employment Relations Act subject to it. Nothing set forth in this bill is intended nor shall be construed to effect the rights of police officers and firefighters currently subject to the Police Officers' and Firefighters Employment Relations Act. In addition, employees classified in bargaining units pursuant to §1311A(b)(10) and (11) are not covered by this Act.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO POLICE OFFICERS’ AND FIREFIGHTERS’ EMPLOYMENT RELATIONS ACT.
HCR 54PassedBaumbachThis House Concurrent Resolution establishes the Local Service Functions Task Force to review and propose revisions to Part II of Title 9 of the Delaware Code regarding New Castle County and municipal corporation responsibility for local service functions and how the county budgets expenditures for the performance of local service functions and establishes tax rates for municipalities that perform local services functions.ESTABLISHING THE LOCAL SERVICE FUNCTIONS TASK FORCE TO REVIEW AND PROPOSE REVISIONS TO PART II OF TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY.
SB 172SignedMcDowellThis Bill is a housekeeping measure to correct the name of the Delaware Technical and Community College as was intended in earlier legislation.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DELAWARE TECHNICAL AND COMMUNITY COLLEGE.
HCR 57PassedBennettThis Concurrent Resolution establishes a task force to study pharmacy reimbursement practices in Delaware and the best practices and laws of other states to develop recommendations for action by the General Assembly or others.ESTABLISHING A PHARMACY REIMBURSEMENT TASK FORCE.
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.
SS 1 for SB 116SignedTownsendThis Act expands the membership of the Primary Care Reform Collaborative and creates an Office of Value-Based Health Care Delivery in the Department of Insurance to reduce health care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. The Office of Value-Based Health Care Delivery will work with the Primary Care Reform Collaborative and the State benchmarking process. This Substitute Bill differs from Senate Bill No. 116 as follows: 1. Adds the Insurance Commissioner to the Primary Reform Collaborative. 2. Limits the definition of "carrier" to health insurers licensed under Title 18 or certified as a qualified health plan on the Delaware Health Insurance Marketplace. 3. Requires the Insurance Commissioner to promulgate regulations to implement Section 2 of this Act instead of adopting policies and procedures. 4. Removes the deadline to adopt the initial policies under this Act.AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO THE PRIMARY CARE REFORM COLLABORATIVE AND THE CREATION OF THE OFFICE OF VALUE-BASED HEALTH CARE DELIVERY.
HCR 59PassedLonghurstThis Concurrent Resolution acknowledges June as LGBTQA+ Pride Month and recognizes the 50th Anniversary of Stonewall.ACKNOWLEDING JUNE AS LGBTQA+ PRIDE MONTH AND THE 50TH ANNIVESARY OF STONEWALL.
SA 1 to SS 1 for SB 24PassedDelcolloThis Amendment clarifies that the Department of Health and Social Services may establish intervals of different lengths for re-evaluation of the conditions for which a patient receives a compassionate use registry identification card. 
SA 1 to SB 175PassedMcDowellThis amendment clarifies the language under which a student who is a SEED grant recipient, who completes an associate degree and immediately thereafter enrolls in a bachelor’s degree program at either the University of Delaware and/or Delaware Technical and Community College, will be eligible for SEED grant money toward the student’s junior year of higher education.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 35SignedParadeeThis Act revises Delaware Insurance Code provisions related to the individual and group health insurance markets to directly incorporate into Delaware law the Patient Protection and Affordable Care Act’s consumer protections related to the following: (1) The prohibition of preexisting condition provisions. (2) Guaranteed issue and availability of coverage. (3) Permissible rating factors. This Act also ties references in Delaware law to the Patient Protection and Affordable Care Act to that law as it was in effect on January 1, 2018. This ensures the ACA’s core consumer protection provisions will remain in place during the uncertainty surrounding the ACA in light of recent court challenges. Finally, this Act 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 RELATED TO HEALTH INSURANCE CONTRACTS.
HB 142 w/ SA 1SignedGriffithThis Act adds one more member, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council, to the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Act also updates language regarding victims of domestic violence to include survivors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
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.
SS 1 for SB 92SignedTownsendDelaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die. This ultimately costs states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from Senate Bill No. 92 (150th General Assembly) because it changes the effective date of this Act to be April 1, 2020, and removes provisions made unnecessary by the change.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DENTAL CARE FOR ADULT MEDICAID RECIPIENTS.
HB 179Passed HouseMichael SmithThis bill increases the fines for littering.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LITTER CONTROL PENALTIES.
SB 140 w/ SA 1SignedHansenThis Act will expand New Castle County’s limited authority to lease park land or land held in public trust to include leases for erecting, maintaining and operating wireless communications facilities. State law currently limits public land leases to those for recreational purposes and related activities. At common law, the State legislature must approve transfers or changes in the use of park land; however, this function may be delegated to municipalities through legislative action. This Act is intended to abrogate the restrictions on permitted uses for public parks, held in a public trust as provided in the common law, including the restrictions set forth in Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977), and to amend state law to permit specifically a wireless communications lease on such land as minimally intrusive and with the approval of County Council.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO WIRELESS COMMUNICATION LEASES FOR NEW CASTLE COUNTY PARK AREAS AND OPEN SPACE.
HB 234SignedHeffernanThis Act gives the Delaware Secretary of State the authority to promulgate rules and regulations for the implementation of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
HA 1 to SB 44PassedSchwartzkopfThis Amendment makes the possession or consumption of alcohol by an individual under 21 years of age a civil offense only for the first and second offenses. This amendment also removes driver’s license revocation as a penalty for a violation of this section.  
HB 241SignedHeffernanThis bill expands the Employment First Oversight Commission by adding the Director of the Division for the Visually Impaired as a member, the Director of the Division of Substance Abuse and Mental Health, and other councils, committees, agencies, organizations and individuals as approved by both the Employment First Oversight Commission and the affected council, committee, agency, organization or individual. This bill further expands the officer’s services from 1 year to 2 years and allows them to be reelected for an additional consecutive term. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.
HB 242SignedBushDelaware is currently ranked highest in the nation for form filing fees. This Act ensures that Delaware stays competitive as an insurer domicile by preventing the Insurance Commissioner from charging more than $2000 per filing for form filing fees.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FEES COLLECTED BY THE DEPARTMENT OF INSURANCE.
HB 246SignedLonghurstThis bill adds the intentional touching of another person with semen to the definition of sexual contact. By doing so, the act of a person intentionally touching another person with semen without consent becomes the crime of unlawful sexual contact third degree.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSES.
HB 247SignedMichael SmithThis bill removes the 3 year sunset provision that was part of House Bill No. 53, as amended, enacted on May 10, 2018 of the 149th General Assembly. This will allow the on-going use of certain ground-based and hand-held sparklers.AN ACT TO AMEND CHAPTER 242, VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO SELLING OR POSSESSING FIREWORKS; EXCEPTIONS.
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.
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.
SCR 61PassedLockmanThis Senate Concurrent Resolution marks the 400th Anniversary of the arrival of the first known Africans in English North America at Point Comfort, Virginia in 1619. It addresses the history of American slavery which grew out of that event, ultimately involving 15 American states including Delaware, and serving as a major cause of the American Civil War. Finally the resolution urges all Delawareans to familiarize themselves with this history and honors African Americans for overcoming this terrible reality to build a culture of extraordinary richness which has enriched all our lives.REMEMBERING THE 400TH ANNIVERSARY OF THE ARRIVAL OF ENSLAVED AFRICANS IN ENGLISH NORTH AMERICA AND THE TRAGIC HISTORY OF AFRICAN-AMERICAN SERVITUDE THAT AROSE FROM THAT EVENT.
SCR 65PassedPooreThe Department of Health and Human Services (“DHSS”) was established in 1970 by legislative enactment with a broad and crucial mandate: to supervise the health, well being, and life of Delaware citizens. In the decades since, the population of Delaware has increased, and the needs of Delaware citizens have required increasingly complex and costly medical interventions; particularly for those most vulnerable among us, such as the elderly and those suffering from addiction. To serve this broad array of individual needs, DHSS has adapted to provide personalized and individualized services to citizens at a level of direct care. Additionally, the broad language of DHSS’ authorizing statute has required it to maintain focus on other policy initiatives, such as promoting public health and administering healthcare through Medicaid while maintaining compliance with state and Federal laws and regulations, which themselves have grown in complexity. Given the advancements in both individualized care and the policy landscape, this Resolution creates a committee designed to investigate whether to reorganize or restructure the Department as a means to reaffirm its original purpose. Its goal is to ensure that Delawareans receive high-quality care on an individualized basis, and will recommit the Department to its important policy objectives, such as maximizing efficiency and reducing cost.PROVIDING FOR A STRATEGIC REVIEW OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND PRESENTATION OF RECOMMENDATIONS REGARDING A COMPREHENSIVE RESTRUCTURING THEREOF TO THE JOINT FINANCE COMMITTEE.

Senate Committee Assignments

Committee
Finance

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Housing & Community Affairs
Judiciary

Senate Committee Report

Committee
Elections, Govt. & Community Affairs
Health & Social Services

House Committee Report

Committee
Administration
Appropriations
Education
Health & Human Development
Housing & Community Affairs
Judiciary
Sunset Committee (Policy Analysis & Government Accountability)

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records