Daily Report for 6/27/2018

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SR 24PassedSimpsonThis resolution recognizes the University of Delaware on its 275- year history.RECOGNIZING AND HONORING THE UNIVERSITY OF DELAWARE ON ITS 275 YEAR HISTORY OF EXCELLENCE IN EDUCATION, RESEARCH, AND SERVICE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 11 w/ HA 1SignedMcDowellThis Act relates to police and fire pension funds created under Title 18 of the Delaware Code. The General Assembly created a special fund in the hopes of ensuring adequate pensions for affected police officers and firefighters, and their surviving spouses. This has not come to pass with regard to all pensions, however. By way of example only, the average surviving spouse in the Wilmington Police and Fire retirement plan receives a pension of only $10,080, which is $1,090 dollars below the 2012 poverty level. Moreover, there have been only five disbursements under the special fund in its 48 year history. To address this, the Act would allow for an additional manner of providing distributions from the related special fund established for Police and Fire pensions. Specifically, disbursements from the fund to be made under this Act would be biennial and structured in 3 categories. The 3 categories are based upon length of retirement and whether the eligible individual is a surviving spouse or receiving a disability pension.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SPECIAL FUNDS.
HB 165 w/ HA 3 + SA 2DefeatedBaumbachThis Act permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers so long as it is done through a common carrier with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year; and limits the total amount of wine that the direct shipper of wine can ship directly to Delaware consumers to 1,800 9-liter cases annually. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.
HB 331 w/ HA 1, HA 1 to HA 1SignedKowalkoThis bill creates regulations concerning the use, distribution and education of Benzodiazepine and Non-benzodiazepine Hypnotics. It require Practitioners to obtain consent from a minor’s parent or guardian prior to prescribing these drugs, and require pharmacist to include a cautionary statement explaining the risks associated with the long term use of these drugs.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BENZODIAZEPINE AND NON-BENZODIAZEPINE HYPNOTICS.
HB 351SignedBentzIn December 2016, the federal Office of Child Support Enforcement issued final regulations titled "Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs," 81 Fed. Reg. 93,492 (Dec. 20, 2016) (codified at 42 C.F.R Pt. 433). This Act updates to whom Delaware's Division of Child Support Services can send child support payments, in compliance with the federal regulations.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.
HB 357SignedJ. JohnsonThe Department of Corrections sometimes has difficulty tracking sex offenders coming out of prison because overly restrictive local ordinances can severely restrict the availability of appropriate housing. Homeless sex offenders are less likely to comply with registration requirements and are less able to access required treatment and comply with other supervision conditions. This may contribute to recidivism and detract from public safety. This bill restricts the power of municipalities to impose broader residency and proximity restrictions on sex offenders than those that apply under state law. Specifically, 11 Del. C. 112, prohibits sex offenders from residing or loitering within 500 feet of school property. AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES.
HS 1 for HB 346 w/ HA 2SignedBentzThis Act establishes the High Needs Educator Student Loan Payment Program. The Program allows qualified applicants to apply for a payment from the State to the applicant’s lending agency, to pay a portion of the applicant’s student loan debt. The purpose of the Program is to encourage Educators to work and remain working in certification areas in which Delaware has a shortage and to encourage Educators to work and remain working in Delaware’s hardest-to-staff Schools. The amount of the award shall be no less than $1000 and no more than $2000. This substitute redesignates the chapter where this language will be placed in the code.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
HB 368 w/ HA 1SignedViolaThis Act creates the Green Alert Program to aid in locating missing members of the armed forces, including veterans, who have a physical or mental health condition that is related to their service. This Act is modeled after Delaware’s existing Gold Alert and Blue Alert Programs. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GREEN ALERT PROGRAM FOR CERTAIN MISSING PERSONS.
SB 216 w/ SA 1CommitteeHansenThis Act strengthens the shelter requirements for dogs that are kept outside by requiring the following: 1. Adds failure to provide enhanced shelter to the crime of cruelty to animals. 2. Adds a third or subsequent violation of the shelter requirements, to the crime of cruelty to animals. 3. That dogs be provided with enhanced shelter if the dog is outdoors for more than 30 minutes between the hours of 11:00 pm and 6:00 am or when the temperature is below 32 degrees Fahrenheit or above 90 degrees Fahrenheit. 4. That cages, crates, and carriers intended for travel or short-term, temporary confinement may not be used as outdoor housing facilities. 5. That outdoor housing facilities and enhanced shelters must provide clean and moisture-resistant bedding material and protection from wind. 6. That an enhanced shelter must include the following: minimum space requirements; heat when the temperature is below 32 degrees Fahrenheit; fresh, circulating air when the temperature is above 90 degrees Fahrenheit; and food and water that do not freeze. This Act also imposes a higher civil penalty for subsequent violations of § 3044F, the specifications for the humane handling, care, and treatment of dogs. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO CRUELTY TO DOGS AND SPECIFICATIONS FOR THE HUMANE HANDLING, CARE, AND TREATMENT OF DOGS.
SB 217 w/ SA 1, SA 2CommitteeWalshThis Act strengthens restrictions on the tethering of dogs by doing the following: 1. Changes the crime of cruelty to animals as follows: • Removes the existing crime of tethering a dog for 18 hours in a 24 hour period and makes it a crime to tether a dog outside for more than 30 minutes when the temperature is below 32 degrees Fahrenheit or above 90 degrees Fahrenheit. • Removes the exception for tethering a dog who is a nursing mother or a dog under 4 months of age if the dog is tethered on land owned or leased by the dog's owner. • Prohibits tethering a dog for more than 30 minutes between the hours of 11:00 pm and 6:00 am. • Adds a third or subsequent violation of the tethering requirements in § 3044F of Title 16 to the crime of cruelty to animals. 2. Changes the civil specifications for the humane handling, care, and treatment of dogs as follows: • Requires that the tether not be attached to a choke, pinch, or prong collar. • Requires that the owner be present on the property. • Imposes a higher civil penalty for subsequent for violations of § 3044F, the specifications for the humane handling, care, and treatment of dogs. This Act also makes technical corrections to conform existing law to the standards to the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO CRUELTY TO DOGS AND SPECIFICATIONS FOR THE HUMANE HANDLING, CARE, AND TREATMENT OF DOGS.
HJR 12SignedMatthewsThe Delaware Department of Transportation currently uses a system to repair subdivision roadways in which a unit is dispatched only when a complaint is lodged with the Transportation Management Center. In order to avoid piecemeal repairs that waste valuable resources, the Delaware Department of Transportation will be directed by the Secretary of Transportation to review each subdivision roadway on a consistent basis that is in any subdivision that is at least 10 years old.RECOGNIZING THE NEED FOR CONSISTENT AND PREVENTATIVE SUBDIVISION ROADWAY MAINTENANCE BY THE DELAWARE DEPARTMENT OF TRANSPORTATION.
SB 236SignedMcDowellThis Act appropriates $49,167,700 to provide a $500 one-time salary supplement to full-time and part-time employees, to provide a $400 pension supplement to pensioners and provides one-time funded projects through the Office of Management and Budget.AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO PROVIDE A ONE-TIME SALARY SUPPLEMENT FOR STATE EMPLOYEES, TO PROVIDE A ONE-TIME PENSION SUPPLEMENT FOR STATE PENSIONERS AND TO PROVIDE ONE-TIME APPROPRIATIONS TO THE OFFICE OF MANAGEMENT AND BUDGET.
HB 456 w/ HA 1, HA 2SignedJaquesThis Act amends Titles 14, 16, 17, 26, and 29 of the Delaware Code to prohibit the use of lead paints on outdoor structures such as bridges, water towers, playground equipment, highways, parking lots, and utility towers and poles, in order to protect public health from the dangers of such paints. More specifically, Section 1 of this Act substantively amends Title 16 to add a new Chapter 30M setting forth the general prohibition of use of lead paints on outdoor structures after specified effective dates. Section 2 of this Act amends Titles 17, 26, and 29 to reference back to the new Title 16 Chapter 30M prohibitions. Section 3 requires the Department of Natural Resources and Environmental Control to develop regulations governing the removal of lead paint from outdoor structures consistent with this Act. AN ACT TO AMEND TITLES 14, 16, 17, 26, AND 29 OF THE DELAWARE CODE RELATING TO THE USE OF LEAD PAINTS ON OUTDOOR STRUCTURES.
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 465 w/ HA 1SignedSchwartzkopfIn January 2018, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2017 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act requires a three-quarters vote, erring on the side of caution if any of the sections of the Delaware Code being revised require a super-majority vote. Section 1. HS 1 for HB 180 revised the manner in which notice of a data breach must be provided. As written, notice must only be provided on a webpage if the person providing notice has only 1 webpage. This Section corrects this sentence by adding “or more” before “webpage.” Section 2. HB 190 revised the Coastal Zone Act and includes a reference to the “Delaware Hazardous Substances Control Act” but there is no Delaware law with that name. This Section corrects this reference to the Delaware Hazardous Substance Cleanup Act. Section 3. HB 175 altered the fees assessed by the Secretary of State. As written, it is unclear if the paragraph being moved in this Section applies to all of subsection (c) or to only paragraph (c)(2). Moving this paragraph and designating it as paragraph (c)(4) clarifies that it applies to all of subsection (c). Section 4. HB 93 revised the licensing statue for security businesses and security systems, eliminating the term "security business." This Section updates the reference to security businesses in § 2807 of Title 10. Section 5. SB 55 replaced the term “security officer" in § 1302 of Title 24 with "private security guard" but the term “security officer" remains in § 1457 of Title 11. This Section revises § 1457 to use the term “private security guard." Sections 6 and 7. HB 47 changed the document required to obtain an absentee ballot from an affidavit to a statement. These Sections correct references in Title 14 from affidavit to the new statement. Section 8. HS 1 for HB 143 repealed § 1210 of Title 14 and redesignated the former § 1210A to § 1210. A reference in the former § 1210A to § 1210 was not updated in HS 1 for HB 143. This Section corrects this internal reference. Section 9. SB 102 consolidated laws related to child abuse and child sexual abuse training and detection, suicide prevention, bullying, criminal youth gang detection, and teen dating violence and sexual assault into one subchapter of Chapter 41, Title 14 of the Delaware Code. In this consolidation, § 4112D of Title 14 became § 4164 of Title 14, but 2 references to this section were not updated to reflect the change. This Section corrects these internal references. Section 10. This issue was discovered by the Code Revisors during a general review of Title 16 for the 2017 replacement volume for Volume 9 of the Delaware Code. Section 3121 of Title 16 has references to § 804 of Title 13 which was repealed in 2002. This Section corrects these internal references. Section 11. SB 55 revised the requirements for licensure as a private investigator and for private security agencies. In § 1329(a)(4) there is a list of statutes for which criminal charges or convictions are grounds for sanctions. As written, the statute provides that there need to be charges or convictions of all of the criminal statutes listed instead of any of the statutes. This Section corrects that error. Section 12. SB 55 revised the requirements for licensure as a private investigator and for private security agencies. This Section corrects the reference to the Administrative Procedures Act in § 1329 of Title 24. Section 13 through Section 15. SB 39 revised the Board of Medical Licensure and Discipline to enact the recommendations of the Joint Legislative Oversight and Sunset Committee. The recommendations repealed § 1733 of Title 24 to be consistent with § 8735 of Title 29 but internal references to § 1733 of Title 24 were not updated to reflect this change. These Sections correct this citation. Section 16. SB 63 revised the qualifications for a licensed practical nurse. This Section addresses a typographical error by inserting a comma. Section 17. SB 73 revised the requirements for licensure for pawnbrokers, secondhand dealers, and scrap metal processors. This Section corrects the reference to the Administrative Procedures Act in § 2314 of Title 24. Section 18. HB 82 revised the requirements for licensure for an associate counselor of mental health. Section 3032 of Title 24 was revised to add more paragraphs under subsection (a) but the reference to certain paragraphs of § 3032(a) in § 3034 of Title 24 was not revised to reflect the additional paragraphs. This Section corrects to paragraphs of § 3032(a) that are referenced in § 3034 of Title 24. HB 82 also contained a language that had both strike through and underline. Because the language was not already in the Code, the Code Revisors could not repeal it but because there was also strike through, it could not be added. This Section adds the language because the strike through was an error. Section 19. HB 82 revised the definition of a licensed associate marriage and family therapist and as drafted, unnecessarily repeats the word “professional” in a sentence. This Section corrects this typographical error. Section 20. HB 249 created the Interactive Fantasy Contests Act. As drafted, the first sentence of § 4861(a)(2) of Title 29 is not clear. This Section clarifies that sentence. Section 21. When Chapter 13 of Title 19 was revised in 1994, § 1301 became the statement of policy for the chapter and § 1302 became the definition section, however the citation to § 1301 in Chapter 59 of Title 29 was not revised to reflect this change. This Section corrects this citation. Section 22. During a review of Title 29 for the 2017 replacement volume, the Code Revisors discovered a reference to a federal regulation that has been repealed. This Section corrects the reference to the current applicable federal regulation. Section 23. The Code Revisors discovered that the legislation that created § 1109(a)(2)c. of Title 30 was worded that this paragraph was effective for taxable years beginning after December 31, 1986, and before January 1, 1988. As written, this requires the Code Revisors to repeal the language of paragraph (a)(2)c. of § 1109 so that language no longer appears in the Delaware Code for reference. This Section restores the repealed language but explains the limited period for which this provision applied. Section 24. HB 93 revised the licensing statue for security businesses and security systems. An occupational license is also still required for these businesses under § 2301 of Title 30, however, § 2301(t) references § 1202(a) of Title 24. HB 93 revised § 1202(a) of Title 24 so that it no longer has any subsections. This Section updates the reference in § 2301 of Title 30. AN ACT TO AMEND TITLE 6, TITLE 7, TITLE 8, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 24, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
SJR 4Out of CommitteeMcDowellThis 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.
SB 264SignedSimpsonThis bill permits the City Council of the City of Milford to impose and collect a lodging tax of no more than three percent on hotel and motel rooms located in the City of Milford, so long as it is approved by a majority of the City Council pursuant to the provisions of the Charter of the City of Milford.AN ACT TO AMEND THE CHARTER OF THE CITY OF MILFORD RELATING TO A LODGING TAX.
SB 269SignedHenryThe Riverfront Development Corporation was created by epilogue language in the Fiscal Year 1997 Bond Bill. The Board of Directors of the Riverfront Development Corporation is established by at least three separate provisions of Bond Bill epilogue language in Senate Bill No. 260 of the 138th General Assembly (70 Del. Laws, c. 210, § 41), House Bill No. 467 of the 139th General Assembly (71 Del. Laws, c. 227, § 8), and House Bill No. 550 of the 142nd General Assembly (74 Del. Laws, c. 308, § 40). This Act codifies the Board of Directors ("Board") of the Riverfront Development Corporation so that this information may more easily be located in the future. This Act also makes a change to the membership of the Board to add 2 directors to the Board. The 2 new directors will be elected by and serve at the pleasure of the Board.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE RIVERFRONT DEVELOPMENT CORPORATION.
SJR 7SignedMarshallThis Senate Joint Resolution authorizes and encourages the Delaware Department of Transportation to conduct a Work a Day Earn a Pay Pilot Public Works Jobs Program.ESTABLISHING A WORK A DAY EARN A PAY PILOT PROGRAM WITHIN THE DEPARTMENT OF TRANSPORTATION.
SA 1 to SB 216PassedHansenThis Amendment removes the requirement that dogs be provided with an enhanced shelter if kept outdoors overnight and makes Senate Bill No. 216 effective upon the appropriation of funds necessary for enforcement. 
SA 2 to SB 217PassedWalshThis Amendment does all of the following: 1. Removes the restriction on tethering a dog overnight. 2. Limits the time a dog can be tethered when the owner is not present to 2 consecutive hours. 3. Makes Senate Bill No. 217 effective upon the appropriation of funds necessary for enforcement. 
SA 2 to HB 165PassedBushwellerThis Amendment removes the new fees from House Bill No. 165, reducing the vote requirement to a simple majority. Current law provides for a direct shipper license and the fee for this license is determined by the Commissioner. With this Amendment, instead of creating a $100 fee for a wine direct shipper license in § 526(b) and (c) of Title 4, the existing fee for a direct shipper license in § 526(b) is retained. In addition to not creating a new fee, House Bill No. 165 narrows the direct shipper license from permitting the shipment of wine and beer to just wine. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 124Passed HouseSmykImporters, manufacturers and dealers of “destructive weapons” are licensed and regulated under Federal law. Under existing Delaware law, importers, manufacturers and dealers of destructive weapons are not permitted to deliver them to purchasers in Delaware who are otherwise permitted to own such weapons, such as military or police forces. This Bill will permit properly licensed importers, manufacturers and dealers to possess and store destructive weapons in this State and engage in activities associated with the sale and delivery of such weapons to (or from) qualified purchasers. All other changes made by this Act are technical corrections to conform the existing law to the guidelines of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WEAPONS.
HB 294 w/ HA 2SignedBriggs KingSection 1 of this Act transfers from the Department of Safety and Homeland Security to the Department of Health and Social Services the responsibility for establishing, administering, adopting rules and regulations, and setting fees for courses of instruction and programs of rehabilitation for those whose licenses have been revoked for driving a vehicle under the influence of alcohol or any drug, or both. The Department of Health and Social Services’ Division of Substance Abuse and Mental Health is better positioned to establish and operate programs aimed at treating substance abuse issues. Section 1 of this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to update language in this Act that is no longer consistent with language in § 4177 of Title 21. Section 2 of this Act delays the Act’s effective date for 6 months.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.
HB 310 w/ HA 1, HA 2 + SA 1SignedM. SmithThe Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives. Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards. The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CERTIFICATION OF ADOPTION OF SUSTAINABILITY AND TRANSPARENCY STANDARDS BY DELAWARE ENTITIES.
HB 371SignedHeffernanThis legislation makes two minor modifications to Delaware’s background check process for prospective employees and volunteers at child-serving entities. It: 1) clarifies that an employer who must first obtain a signed authorization from the prospective employee for a Child Protection Registry Check, must attach that authorization to the request for the Registry check; and 2) only those persons currently on the Child Protection Registry may impact an employer’s decision whether to hire a person who is not otherwise expressly excluded from employment.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO WELFARE.
HB 372 w/ HA 1SignedParadeeThis Act makes it unlawful for a person to manufacture, distribute, sell, offer for sale, possess, purchase, or use a concentrated alcoholic beverage. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO CONCENTRATED ALCOHOLIC BEVERAGE.
SB 202 w/ SA 1SignedPettyjohnThis Act ensures that the spouses of those killed in the line of duty are able to receive benefits for the remainder of their lives regardless of future marital status. When a surviving spouse remarries, the surviving spouse's benefit is reduced to 90% of the original benefit for the first 10 years after the remarrying and must be reduced to 75% of the original benefit thereafter until the death of the surviving spouse. Spouses of fallen first responders should not be forced to make decisions to carry on with their lives based on financial considerations.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATNG TO WORKERS' COMPENSATION BENEFITS.
SB 208 w/ SA 1SignedPooreThis Act makes the following changes to the large public works contract procedures in subsection (c) and (d) of § 6962 of Title 29 for all State agencies: 1. Changes the requirement for the prequalification process so that submissions must contain performance reviews for previously awarded public works or private sector construction projects within the last 5 years instead of the last 10 years. 2. When an agency elects to award on the basis of best value, the maximum weight that can be assigned to the schedule is reduced from 30% to 20%. 3. When an agency elects to award on the basis of best value, performance is added as an objective criteria and must be given weight of at least 10% but no more than 20%. 4. Performance criterion is based on the contractor's performance rating, as determined under the agency's regulations. This Act makes the following changes to the large public works contract procedures in subsection § 6962(c) of Title 29 for only Department of Transportation projects: 1. Adds a bidder prequalification requirement to projects other than Community Transportation Fund and municipal street aid contracts, so that the only contractors eligible to bid on projects are contractors that either meet or exceed the minimum contractor's performance rating or that will permit the Department to retain 10% of the payments to be made to the contractor. 2. Creates a stakeholder panel to advise the Department of Transportation on the content of the performance-based rating system regulations. Because the stakeholder panel only exists when the performance-based rating system regulations are promulgated or being revised, the stakeholder panel is codified in the Laws of Delaware instead of the Delaware Code. This Act takes on January 1, 2019, or when the required regulations are promulgated, whichever occurs first. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.
HB 413 w/ HA 1SignedParadeeBefore the filing of a lawsuit, automobile insurance companies are currently not required to disclose liability coverage information to an injured claimant or the attorney representing that claimant. However, once a lawsuit is filed, this information must be disclosed. This legislation will reduce the number of lawsuits filed by requiring automobile insurance companies to disclose liability coverage information prior to the time that a lawsuit is filed.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF INFORMATION RELATED TO AUTOMOBILE INSURANCE.
HS 1 for HB 104 w/ HA 1SignedM. SmithThe state is currently funding service providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to service providers according to the recommendations of the market study, so that by fiscal year 2021 the state would fund service providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), to improve recruitment and retention of these positions, to decrease staff turnover, and to decrease position vacancies. Along with the corresponding costs for program oversight, direct supervision of DSPs, and training, stabilizing the DSP workforce with increased pay is essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities. The bill also requires that the adequacy of the rate system be evaluated against performance measures that are commonly used to assess program quality.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SERVICES FOR ADULTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
HB 431 w/ HA 1SignedMatthewsThis Act requires long-term care facilities to offer the influenza vaccine to all employees with direct contact with patients. It also requires the facility to keep a record of a signed statement from each employee that the vaccine has been offered.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG-TERM CARE FACILITIES.
SB 220SignedHockerThis bill creates two new vehicle license plates promoting and supporting both saltwater and freshwater fishing in the State of Delaware. The proceeds associated with The Delaware Sport Fishing License Plate, has a mission of undertaking initiatives that will enhance the pleasure of both saltwater and freshwater recreational fishing throughout the State of Delaware.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES.
SB 227 w/ SA 1 + HA 1, HA 1 to HA 1SignedTownsendThis Act promotes the use of primary care by doing the following: 1. Creating a Primary Care Reform Collaborative under the Delaware Health Care Commission. 2. Requiring all health insurance providers to participate in the Delaware Health Care Claims Database. 3. Requiring individual, group, and State employee insurance plans to reimburse primary care physicians, certified nurse practitioners, physician assistants, and other front-line practitioners for chronic care management and primary care at no less than the physician Medicare rate for the next 3 years. Despite the demonstrated value of primary care, access to primary care for Delawareans has become increasingly difficult because insurance reimbursement rates fail to support an adequate infrastructure. The national average for primary care spending for an insurance plan is between 6% and 8% of the insurer’s total medical expenditures. Studies recommend, and some states are actively implementing, a 12% to 15% spending rate to have an effective system. Delaware’s average insurance spending on chronic care management and primary care is between 3% and 4%. Nationally, insurance reimbursement for primary care averages between 120% and 140% of Medicare rates. In Delaware the commercial market reimburses independent primary care at rates as low as between 65% and 85% of Medicare rates. Reliable data regarding insurance spending is difficult to obtain due to a combination of contractual restrictions and an absence of mandatory health care price transparency requirements applicable to commercial plans in Delaware This Act simultaneously enacts short-term and long-term solutions to strengthen the primary care system in this State. While the Primary Care Reform Collaborative and the Delaware Health Care Commission study and development long-term recommendations, requiring insurers to reimburse for chronic care management and primary care at the Medicare rates will stabilize existing resources and provide immediate benefits. The Primary Care Reform Collaborative and the Delaware Health Care Commission have reliable data and information from the Delaware Health Care Claims Database to use in this analysis and to make recommendations that will strengthen the primary care system in Delaware.AN ACT TO AMEND TITLE 16, TITLE 18, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PRIMARY CARE SERVICES.
HA 1 to HB 372PassedParadeeThis Amendment changes the defined term "concentrated alcoholic beverage" to "powdered alcoholic beverage" and makes a change to the definition to make the term, and its definition, consistent with that used in other states. 
HB 441 w/ HA 1SignedCarsonDue to the delay in the prior authorization process by pharmacy benefit managers, many patients end up waiting days to weeks for medications to be filled that are prescribed on an emergency basis or for medications that have been previously prescribed for chronic and long-term conditions that must go through the prior authorization process again. To reduce the delay and hardship of this waiting process, this bill will put into place specified time tables to fill emergency prescriptions and to make subsequent prior authorizations for chronic and long-term conditions to be filled more readily.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFIT MANAGER PRIOR AUTHORIZATION OF EMERGENCY PRESCRIPTIONS AND PRESCRIPTIONS FOR CHRONIC OR LONG-TERM CONDITIONS.
HA 1 to HB 110PassedKeeleyThis Amendment revises House Bill No. 110 to incorporate the recommendations from the HCR 52 Adult Use Cannabis Task Force. The specific changes are as follows: • Removes the two-thirds vote requirement because instead of creating new crimes, the Act references existing crimes that already prohibit and punish specific acts. • Replaces the two-thirds vote requirement with a three-fifths vote requirement because the Act creates new fees and a new tax. • Adds a definition of “work” that references the definition in § 3302 of Title 19. • Clarifies that certain acts are currently unlawful and remain unlawful under the Act, so that it is clear that if not explicitly permitted, acts remain unlawful. • States explicitly that selling marijuana without a license remains illegal and punishable under Chapter 47 of Title 16. • States explicitly that using false or fraudulent identification is illegal and punishable under § 2751 of Title 21. • Revises the employment section as follows: • Replaces “in the workplace” with “work” to cover any location where an employee is engaged in work. • Reorders the first sentence to be clear that employers are not required to permit any marijuana activities. • Adds a definition of “under the influence” that is modeled on the definition in § 4177(c) of Title 21. • Adds explicit protections for employers to take actions to prevent penalties under federal law, consist with the Delaware Medical Marijuana Act. • Prohibits an individual under age 21 from entering or remaining in a marijuana establishment and punishes a violation with a civil penalty of $50. • Removes the false identification crime because this already prohibited and punished under § 2751 of Title 21. • Removes the crime of selling marijuana or marijuana products to an individual under age 21 because these acts are already crimes under Chapter 47 of Title 16, but preserves the affirmative defense where the individual under age 21 presented identification that would lead a reasonable person to believe such individual was 21 years old or older. • Adds the Director of the Division of Revenue as a member of the Delaware Marijuana Control Act Oversight Committee. • Moves responsibility for the regulation of the safe cultivation of marijuana to the Department of Health and Social Services (“DHSS”), prohibits the use of pesticides that are neither organic or federally-approved, and requires standards for the use of carbon dioxide. Requirements established by DHSS under this chapter must be consistent with the requirements established by the Department of Agriculture and the Department of Natural Resources and Environmental Control. Compliance with the DHSS regulations is a requirement for all licenses and noncompliance is grounds for a license to be cancelled, suspended, or the licensee fined. • Changes the reference from the Delaware Economic Development Office to the Division of Small Business, Development and Tourism and the Department of Agriculture and requires the Commissioner to also connect potential marijuana establishments with farms. • Adds a clear, general requirement that licensees track marijuana from seed to sale. • Adds a specific training requirement for licensees and employees of retail marijuana store licensees. • Adds a requirement that information be provided to consumers regarding the serving size and number of servings per package and limits the amount of marijuana in each serving to 10 mg and limits the number of servings in each package to 5. • Adds a requirement that the specific batch number be included on the label of each marijuana product. • Adds a requirement that consumers receive evidence-based information about how to interpret the information on the marijuana product label, health effects, and potential interactions with prescription and nonprescription medications. • Prohibits products that look like candy or cartoon characters. • Adds that the random testing requirements include the manner and frequency of testing. • Requires procedures for receiving and processing consumer complaints about marijuana establishments. • Requires that applications for all marijuana establishments provide proof of compliance with DHSS regulations under this chapter. • Requires that all retail marijuana products be shelf-stable and not require refrigeration. • Limits fees charged by localities to the amount of the fees charged to businesses with an alcohol license under Title 4. • Provides funds to DHSS for administrative costs under this chapter. • Provides funding for the prevention, treatment, and education regarding substance abuse instead of only alcohol, tobacco, and marijuana abuse. • Provides funding to train more law enforcement officers across the state as Drug Recognition Experts, purchase devices that measure THC levels as they become available, implement pilot programs to better identify and deter drugged driving, and for forensic testing of blood samples. • Corrects typographical errors. 
SCR 73 w/ HA 1PassedHenryThis Resolution creates a Shift Worker Protection Study Group to identify best practices to reduce the unpredictability of shift worker schedules.CREATING A SHIFT WORKER PROTECTION STUDY GROUP.
HA 1 to HS 1 for HB 104PassedM. SmithThis Amendment states the intent of the General Assembly to phase in increases to the rate system for services to adults with intellectual and developmental disabilities subject to available funding. 
HA 1 to HB 431PassedMatthewsThis amendment clarifies that House Bill No. 431 applies only to nursing and assisted living facilities. 
HA 1 to HB 413PassedParadeeThis amendment identifies the relevant information that must be disclosed by insurers and claimants prior to the time that a lawsuit is filed when disclosure of policy limits is requested by a claimant or claimant's attorney. 
HA 1 to SCR 73PassedOsienskiThis Amendment adds the President of the Delaware Healthcare Association or their designee to the Shift Worker Protection Study Group. 
HA 1 to HB 441PassedCarsonThis Amendment: (1) adds the definition of “emergency” to the bill; (2) removes the ability of a Pharmacy Benefit Manager (PBM) to waive prior authorizations for up to 72 hours of an initial prescription for narcotic or benzodiazepine medication; (3) changes the word “drug” to “medication” throughout the bill; (4) requires reauthorization for prescriptions for chronic or long-term conditions to occur at least once a year; (5) removes the requirement of a PBM to maintain a database of prior authorization forms; (6) directs PBMs to provide a list of alternative medications that do not require prior authorization to prescribers and/or pharmacies as soon as a prior authorization is requested, while using e-prescribing, and when the prior authorization is denied. 
HA 1 to SB 227PassedBentzThis Amendment extends the effective date for insurers to comply with this Act until January 1, 2019. 
HA 2 to HB 294PassedBriggs KingThis amendment clarifies that the Act simply transfers certain responsibility relating to courses of instruction and programs of rehabilitation for persons whose drivers' licenses have been revoked for driving while under the influence of alcohol or drugs or both from the Secretary of Safety and Homeland Security to the Secretary of Delaware Health and Social Services as those responsibilities are currently established. 
HA 1 to HA 1 to SB 227PassedBentzThis Amendment adds a requirement that the written recommendations required under this Act include how primary care supports the State's efforts regarding a cost spending benchmark. 
HA 2 to HA 1 to HB 110PassedKeeleyThis amendment makes a technical correction. 
HA 3 to HB 110PassedSpiegelmanThis amendment requires the retail marijuana store application fee to be $15,000 and allows all application fees and the upper limits be adjusted for inflation annually, gives the Commission authority to exercise their discretion in determining whether or not to grant a registered compassion center application for a retail marijuana store license (changes "shall" to "may"), removes a requirement for the Commissioner to issue 40 retail marijuana store licenses within a set time period, cuts the marijuana excise taxes in half, and removes the requirement that 20% of the Marijuana Regulation Fund be allocated to the Department of Education. Additionally there is no process for a referendum on a general election ballot so that requirement is being removed. 

Senate Committee Assignments

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House Committee Assignments

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Senate Committee Report

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Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
SA 1 to HB 165DefeatedPooreThis amendment increases the carrier permit application fee and license renewal fee from $100 to $1,000. 

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 110 w/ HA 3, HA 1, HA 2 to HA 1DefeatedKeeleyThe Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Amends § 4764 of Title 16 to eliminate any penalty for possessing 1 ounce or less of marijuana for individuals over the age of 21 but maintains the existing civil penalty for possession of 1 ounce or less for adults age 18 to 21. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility includes not just marijuana produced for medical use but also marijuana produced under the Delaware Marijuana Control Act. Section 4: This Act creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. Where definitions or analogous provisions exist in the Delaware Code, the definitions are referenced and the language from existing statutes is used. This section of the Act permits individuals over age 21 to possess, use, purchase, or transport 1 ounce (28 grams) or less of marijuana, no more than 5 grams of which may be concentrated, by individuals 21 years of age or older if the individuals are in compliance with this chapter. It permits the operation of marijuana businesses if they operate under licenses granted under this chapter but imposes the same limits on hours and holiday sales as apply to sales of alcohol. It prohibits the use of marijuana in public, by drivers or passengers in vehicles, and prohibits the smoking of marijuana anywhere that smoking tobacco or ecigarettes is not permitted. Marijuana may not be sold in an establishment licensed to sell alcohol. Employers and some owners of residential housing can prohibit the use of marijuana. There are specific provisions imposing the same penalties as with alcohol sales, for individuals under the age of 21 using false identification to purchase marijuana, and for businesses that fail to verify the age of marijuana consumers. This Act creates the Delaware Marijuana Control Act Oversight Committee. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Oversight Committee will review the effectiveness of the Delaware Marijuana Control Act in regard to the safe operation of facilities licensed under this Act, the impact of this Act on public safety, and the impact of this Act on public health. The Commissioner must submit an annual report to the Governor and the members of the General Assembly setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State including: the number of licenses of each variety issued with the State; including the name and address of each person licensed to cultivate, manufacture, or sell marijuana or marijuana products in the State; the amount of marijuana and marijuana products sold within the State; and the number of licenses of each kind granted and the number cancelled during the year. Subchapter II creates the Division of Marijuana Control and Enforcement in the Department of Safety and Homeland Security. The powers and duties granted to this Division are substantially the same as those in Title 4 creating the Division of Alcohol and Tobacco Enforcement but revised to conform to the standards of the Delaware Legislative Drafting Manual. This includes the identical power to conduct hearings if neighbors protest the license application of establishments that sell marijuana and subpoena power. It requires the Commissioner to coordinate with the Delaware Economic Development Office so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans. Subchapter III provides the Marijuana Commissioner the authority to adopt regulations to implement this Act and includes specific requirements that marijuana establishments must meet to obtain licenses. Regulations must require that products containing marijuana use of a symbol and a standard measurement to be used on all marijuana products so they are easily identified as containing marijuana and consumers can identify the amount of marijuana in different products; be in opaque, child-resistant packaging; and contain a warning label explaining evidence-based harms from consuming marijuana, including the impact on developing brains. The regulations must also contain security requirements, testing requirements, advertising restrictions, and require that food products comply with State food safety laws. There are separate licensing requirements for retail marijuana stores, marijuana testing facilities, marijuana cultivation facilities, and marijuana product manufacturing facilities. The application fee for licenses is up to $5000, which is the same as the application fee for facilities under the Delaware Medical Marijuana program. There is a $10,000 biennial fee for each license issued under this Act, which is lower than the fee for compassion center under the Delaware Medical Marijuana program. Within 10 months of the effective date of this Act, applications will be accepted from compassion centers and safety compliance facilities registered under Chapter 49A of Title 16 to operate as retail marijuana stores, marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities. Localities have the ability to license and set rules for marijuana establishments. The procedure for appeals and grounds to deny a license are the same as for applications to sell alcohol under Title 4, except that instead of prohibiting someone with any substance abuse felony from obtaining a license, the language from § 4902A(7)(b) of Title 16, is used, permitting an exception if the conviction and sentence served was 10 years or more in the past or the conviction was for something that would be legal under this Act. Subchapter IV creates the Marijuana Regulation Fund. This fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates an excise tax on marijuana and apportions the revenue as follows: first to the administrative costs and expenses of the Division of Marijuana Control and Enforcement and then, of the amount that remains, 20% to the Department of Education, 10% to the Department of Health and Social Services for distribution to nonprofit organizations to address barriers to reentry for communities that have been disproportionally affected by past federal and state marijuana prohibition policies, 10% to the Department of Health and Social Services for use in evidence-based, voluntary programs for the prevention or treatment of alcohol, tobacco, and marijuana abuse, and 10% to the Department of Health and Social Services for a public education campaign educating youth and adults about the health and safety risks of alcohol, tobacco, and marijuana. Section 5: Creates a State tax deduction for all ordinary and necessary expenses paid or incurred by a marijuana establishment to reflect the inability of a business licensed under this Act to deduct these expenses from federal taxes and thus state taxes. This creates a more level playing field with other businesses. Section 6: Provides that the initial regulations required under this Act be adopted not later than 9 months after the effective date of this Act.AN ACT TO AMEND TITLE 16 AND TITLE 30 OF THE DELAWARE CODE CREATING THE DELAWARE MARIJUANA CONTROL ACT.
HA 1 to HA 1 to HB 110DefeatedSmykThis amendment restores provisions in House Bill No. 110 that prohibit the sale of marijuana and marijuana products to individuals under 21, with the penalty mirroring the penalty imposed for selling alcohol to a person under 21. 
HA 2 to HB 110DefeatedSmykThis amendment reduces the penalty for unlawful marijuana extraction from a felony to a class A misdemeanor. Delaware law (Title 16, § 4754) already punishes the unlawful manufacture of marijuana as a class D felony, so creating another felony in House Bill No. 110 is unnecessary. 

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Fifer, CandaceConfirmedState Board of EducationNew
Griffiths, NormanConfirmedDelaware Solid Waste AuthorityReappointment
Lofink, Vincent ConfirmedState Board of EducationNew
Paradee, JohnConfirmedUniversity of Delaware Board of TrusteesNew
Sweeney, Whitney TownsendConfirmedPresident of the State Board of EducationNew
Wang, SeanConfirmedUniversity of Delaware Board of TrusteesNew