Daily Report for 6/14/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HS 1 for HB 335 w/ HA 2SignedD. ShortThis Act establishes the Delaware School Safety and Security Fund to allow certain eligible public schools to partially or fully fund projects intended to improve school facilities and training relating to safety or security. The Department of Education shall administer the fund. This Act is effective upon appropriation.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ESTABLISHING A SCHOOL SAFETY AND SECURITY FUND.
HB 463CommitteeB. ShortThis Act authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an “insured” if the amount reimbursed by an entity subject to the Act is less than the pharmacy acquisition cost. This Act also prohibits a pharmacy benefits manager from reimbursing a pharmacist or pharmacy for a prescription drug or pharmacy service in an amount less than the pharmacy benefits manager reimburses itself or an affiliate for the same prescription drug or pharmacy service.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT FOR AND PROVISION OF PRESCRIPTION DRUGS OR PHARMACY SERVICES.
SA 1 to SB 225PassedHansenThis Amendment removes the pilot program from this Act. 
HA 1 to SS 1 for SB 144StrickenSchwartzkopfThis Amendment removes Section 1 and 2 of the Substitute Act, retaining the State’s current share of gross slot machine revenues. 
HR 32PassedLonghurstThis resolution recognizes June 17, 2018 as Father’s Day in Delaware.RECOGNIZING AND HONORING DELAWARE FATHERS ON SUNDAY, JUNE 17, 2018.
HA 2 to HB 429StrickenBaumbachThis Amendment adds the Chief Justice of the Delaware Supreme Court and the President of the Delaware Healthcare Association to the Council. The Chief Justice may designate to the Council the Deputy State Court Administrator, who is responsible for overseeing the operations of the Judicial Information Center. This bill also makes a technical correction. 
HA 1 to HB 409StrickenMulrooneyThis amendment changes the definition of “Employer” from a business enterprise that employs 50 or more employees to 100 or more employees. This amendment removes certain triggers for notice in the definition of “Mass layoff.” This amendment allows for hand delivery of notices. This amendment makes clear that industries, such as construction and their related projects or portions of projects, are included in the exceptions to compliance with the notice requirements. 
SB 251CommitteeBushwellerThis Act creates a Delaware Manufactured Home Owner Attorney Fund by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by Manufactured Home Owners and Community Owners Act. The 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 in disputes with community owners. This Act also makes 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.
SA 1 to SB 163PWBMarshallThis Amendment creates and funds a Community Assault Weapon Recovery Program. 
SB 256CommitteePettyjohnThis bill adds "youth sports organizations" to the enumerated list of "child servicing entity" that requires background checks to be completed for those that are involved within the organizations. The bill seeks to further protect one of our most vulnerable populations to ensure that we have additional protections in place when it comes to our youth. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR CHILD-SERVING ENTITIES.
SB 250CommitteeMarshallThis Act encourages and provides funding for the installation of detection equipment for deadly weapons, dangerous instruments, and other dangerous things at public, charter, and private schools.AN ACT TO AMEND THE DELAWARE CODE RELATING TO PUBLIC SCHOOL SAFETY.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 333SignedB. ShortIn 2017, HB 114 raised the minimum bodily injury and property damage liability limits set forth at 21 Del. C. § 2902(b)(2) from $15,000/$30,000/$5,000 to $25,000/$50,000/$10,000. However, HB 114 did not address the issue of combined single limits, and did not change the definition of “proof of financial responsibility” in the definitions section of Title 21. The purpose of this bill is to resolve the statutory conflict that was created when HB 114 was passed in 2017.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.
HCR 91PassedBradyThis Concurrent Resolution honors the Army Warrant Officer Corps for their 100th anniversary on July 9, 2018.HONORING THE ARMY WARRANT OFFICER CORPS FOR THEIR 100TH ANNIVERSARY.
SB 213SignedHansenThis bill provides that the Commission must have at least 2 members from each of the three counties in Delaware. The bill also changes the requirement for 1 pediatrician member and 1 board certified family practice physician to licensed health care providers, currently practicing or retired, with expertise in pediatrics or family medicine. The bill also changes the requirement for at least 1 Delaware licensed psychologist to at least 1 Delaware licensed mental health professional. Finally, the bill changes the name of the Commission to the Family Law Commission.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE COMMISSION ON FAMILY LAW.
SB 214SignedBushwellerThe Division of Forensic Science (“Division”) produces numerous postmortem examination reports, autopsy reports, and laboratory reports annually. Given the high volume, and consistent with National Association of Medical Examiners accreditation standards, this Act expands the period of time within which the Medical Examiner must complete a written report from 30 to 90 days. In addition, while “next of kin” is defined for purposes of the authority to provide corneas to eye banks, other references to “next of kin” in Chapter 47 of Title 29 (regarding the Division’s authority) are undefined. This Act provides a clear definition for Division employees and the public regarding who qualifies as “next of kin” and is intended to ensure that the confidential reports prepared by the Division are released only to the appropriate individual. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF FORENSIC SCIENCE.
SB 219Out of CommitteeHansenSince 1975, the Delaware Population Consortium has prepared a unified set of statewide population projections each year. These projections are used for a variety of purposes including capital planning, policy analysis, comprehensive planning, and transportation planning. All 3 counties are required by State law to utilize these projections to prepare their required comprehensive plans. However, the Delaware Population Consortium does not exist in State law. This Act formally creates the Delaware Population Consortium, identifies its membership and work products, and requires that all counties, municipalities, school districts, and State agencies use the Consortium’s projections for planning and policy purposes.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE POPULATION CONSORTIUM.
SB 233SignedHansenThis Act adds the requirement that vehicles stop at railroad signals for all on-track equipment. 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 STOPS REQUIRED AT RAILROAD CROSSINGS.
SB 234SignedTownsend Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal, termination). The Department believes that its ability, as the agency issuing professional teaching credentials to educators, to undertake licensure action should be separate from any action by the public school employer. Further, the Department seeks to expand the circumstances in which the Secretary may automatically suspend teaching credentials, specifically to include situations involving felony crimes against a children or where there is a clear and immediate danger to student safety or welfare. This bill removes the requirement of employment action before disciplinable offenses may be handled by the Department, making this licensure disciplinary structure consistent with how other licensed professions are handled in this State. The bill also creates the power to impose temporary emergency suspensions in those rare instances where a teacher poses a threat to student health, safety, or welfare. Finally, this bill creates the confidential letter of concern that is non-disciplinary and may be used in those instances where a teacher’s behavior is not in violation of the code, but indicative of a practice that is a matter of concern. These two provisions also make teacher licensure discipline more similar to other licensed professions in the State. AN ACT TO AMEND TITLE 14 CHAPTER 12 OF THE DELAWARE CODE RELATING TO THE LIMITATION, SUSPENSION AND REVOCATION OF EDUCATOR LICENSES.
SB 239Out of CommitteeHansenThis 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, 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-in and carry-out facility. This Act also makes technical corrections to conform existing law to the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.
SB 241SignedPooreThis Act provides the Delaware Interscholastic Athletic Association with the authority to establish fees for officiating. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
SB 242 w/ SA 1SignedWalshThis Act creates Pay for Success contracts. A Pay for Success contract is an agreement between a State agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The State agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the State agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a State agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR SUCCESS CONTRACTS.
SB 246 w/ SA 1 + HA 1SignedMcDowell This act provides greater flexibility for County and Municipal governments to enter into public-private partnerships for public lands. These agreements provide opportunities for the preservation of public land and limit the amount of government money required to maintain the land. This act is intended to abrogate the restrictions on permitted uses for public land, including 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 City of Wilmington v. Lord. 332 A.2d 414 (Del. Ch. 1975). aff'd, 378 A.3d 635 (Del. 1977). AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO COUNTIES, MUNICIPALITIES AND PUBLIC LANDS.
SA 1 to HB 310PassedMcDowellThis Amendment makes a series of technical changes to House Bill No. 310 and House Amendment No. 2 to House Bill No. 310. This Amendment also deletes the requirement that a company’s report contain a copy of any report or assessment relating to environmental and social impact submitted to any Provider. Finally, this Amendment further changes the requirement that a company must report on Assessment measures annually, into a requirement to report on the most recently available information developed pursuant to the Assessment measures. 
HCR 92PassedSchwartzkopfThis Resolution recognizes the young men participating in the 2018 session of Delaware's Boys State and commends its sponsor, the American Legion Department of Delaware.RECOGNIZING THE YOUNG MEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2018 SESSION OF DELAWARE'S BOYS STATE.
SA 1 to SB 242PassedWalshThis Amendment requires that specific procedures be established for Pay for Success contracts that involve early childhood education or public education. This Amendment also creates a working group that will make recommendations to the Office of Management and Budget regarding these procedures. 
SA 1 to SB 217PassedWalshThis Amendment restores the exception for property that is more than 10 acres. 
SA 1 to SB 246PassedMcDowellThis amendment corrects a typographical error in the original bill.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 300 w/ HA 1, HA 1 to HA 1 + SA 2, SA 4 + HA 4, HA 5, HSignedLonghurstThis bill makes it a crime to sell, transfer, buy, receive or possess a trigger crank or bump-fire device designed to accelerate the rate of fire of a semiautomatic rifle, making such weapon function more like an automatic weapon. A bump stock was used by the gunman in Las Vegas in October 2017. Violation of this provision is a Class E felony.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESTRUCTIVE WEAPONS.
SCR 72PassedLawsonThis 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
HA 1 to HB 443PassedBradyThis Amendment clarifies that the Act applies to construction permits issued under § 6003(b)(1) of Title 7, which requires a permit be issued for the construction of any equipment, device, or other article that may cause or contribute to the discharge of an air contaminant. 
HA 1 to HB 418PassedD. ShortThis amendment replaces the current provisions of Section 2 of the City of Seaford Charter titled Annexation of Territory to provide a more clearly outlined process for annexation of property into the City. The changes provide two distinct processes for annexation – a petition for 1-4 parcels of land contiguous to the City limits and one for 5 or more parcels of land contiguous to the City limits. All annexation petitions approved by the City have to have a Plan of Service and must be consistent with the City’s Comprehensive Plan.  
HA 1 to HB 457PassedQ. JohnsonThis Amendment allows someone to obtain a license as a residential electrician if they (1) pass a residential electrician exam determined by the Board of Electrical Workers (and approved by the Division) and (2) have over 4000 hours of full-time work experience or have successfully completed a Residential Apprentice program approved by the board. The amendment also adds additional requirements for licensure as an apprentice electrician to include being enrolled in or having successfully completed a residential apprentice program approved by the Board. The residential apprenticeship licensees shall also be limited to the scope of work as defined in 1422A. The amendment also removes "residential low voltage electric work" from the type of work permissible under the residential electrician license. Under the current Bill if an individual applies for licensure as a residential electrician within 90 days of enactment and meets the requirements of § 1408(a)(6)b., such person does not have to take the exam required under § 1408 (a)(6)a. to be licensed as a residential electrician. The amendment reduces the aforementioned opt out period to 60 days after enactment. The amendment also makes the effective date January 1, 2019. 
HA 1 to HB 408PassedMulrooneyThis amendment clarifies that the statutory deadlines for appealing decisions from the Industrial Accident Board will not be adversely affected by the transmission of decisions sent by secured email instead of certified mail. 
HA 2 to HB 409PassedMulrooneyThis amendment changes the definition of “Employer” from a business enterprise that employs 50 or more employees to 100 or more employees. This amendment makes changes to the triggers for notice in the definition of “Mass layoff.” This amendment allows for hand delivery of notices. This amendment makes clear that industries, such as construction and their related projects or portions of projects, are included in the exceptions to compliance with the notice requirements. 

Senate Committee Assignments

Committee
Agriculture
Banking, Business & Insurance
Education
Environmental, Natural Resources & Energy
Judicial & Community Affairs
Labor
Sunset
Transportation

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance/Commerce
Health & Human Development
Labor
Manufactured Housing

Senate Committee Report

Committee
Sunset

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