| HB 3 w/ HA 4 | Signed | Heffernan | This legislation requires that all full-time employees of the State, including employees of school districts, continuously in the employ of the state for at least one year, shall be eligible for 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger. Both parents would be eligible for such leave. Employees shall continue to have the right, as they do under current law, to use accrued sick leave for maternity and paternity purposes. This legislation leaves intact the rights of persons adopting a child over 6 years of age to take unpaid leave. Due to lack of adequate paid family leave policies, many parents must return to work sooner than is optimal for the health of mothers (in the case of biological birth) and children. Granting paid leave will contribute to the establishment of parent-child bonds, breastfeeding establishment, and allow infants to receive vaccines and develop stronger immune systems prior to entering daycare. Further, a more generous leave policy will increase the productivity of workers and reduce employee turnover.
This Act takes effect January 1, 2019. The Office of Management and Budget is directed to establish guidelines for the implementation of this Act. | AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO FAMILY LEAVE. |
| HB 259 | Signed | Bennett | In 2006, Delaware enacted “Jessica’s Law,” which requires first time offenders convicted of a specified sexual offense against a child under 14 years of age and individuals previously convicted of a Class A or B sexual offense in Title 11 and subsequently convicted of a specified sexual offense sentences be sentenced to at least 25 years in prison, up to life.
The specified sexual offenses in “Jessica’s Law” are Rape in the Third Degree (where the defendant engages in sexual penetration with the victim without the victim’s consent or with a victim who is under 16 years of age and causes physical injury or serious mental or emotional injury); Rape in the Second Degree; Rape in the First Degree; Dangerous Crime Against a Child; Sexual Offender Unlawful Sexual Conduct Against a Child; and Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree (where the defendant engages in sexual penetration or sexual intercourse with a child under 16 years of age).
Data from the Federal Bureau of Investigation's Nation Incident-Based Reporting System indicates that 1 of every 7 victims of sexual assaults is under the age of 6. This Act updates “Jessica’s Law,” enhancing penalties for especially vulnerable victims, as follows:
(1) Requiring that an individual convicted of one of the specified offenses in “Jessica’s Law” be sentenced to an additional 5 years in prison if the victim is a child under the age of 7.
(2) Requiring that an individual convicted of Unlawful Sexual Contact in the First Degree (involving a child under the age of 13) or Kidnapping in the Second Degree (for the purpose of violating or abusing the victim sexually) be sentenced to at least 5 years in jail if the victim is a child under the age of 7.
(3) Requiring that an individual convicted of Kidnapping in the First Degree (for the purpose of violating or abusing the victim sexually) be sentenced to at least 10 years in jail if the victim is a child under the age of 7.
Additionally, this Act requires the Superior Court to impose these sentences upon the application of the State. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCES FOR SEXUAL OFFENSES. |
| SB 139 w/ SA 1 | Signed | Townsend | This Act requires that health insurance offered in this State provide coverage for fertility care services, including in vitro fertilization ("IVF") procedures, for individuals who suffer from a disease or condition that results in the inability to procreate or to carry a pregnancy to a live birth.
This Act also requires that health insurance offered in this State provide coverage for fertility preservation for individuals diagnosed with cancer and other diseases, when medically necessary treatment could adversely affect their fertility.
Like all other diseases, infertility should be covered by insurance. According to the National Infertility Association, RESOLVE, infertility affects 1 in 8 couples and 3 in 4 never obtain needed treatment, often because they cannot afford it. Everyone deserves the right to procreate and to try to build a family.
Right now, many Delaware families diagnosed with infertility fall into a “coverage gap” and pay out-of-pocket for fertility care services. Only certain employers provide any fertility care coverage in Delaware and what they do provide is often very limited. Families generally must pay high co-pays or adhere to service restrictions and lifetime dollar caps that strictly limit their treatment options, and thus make it unaffordable for many of them to proceed without risking their financial security or without achieving a successful pregnancy. For example, 1 IVF cycle can cost between $15,000 and $25,000 and, on average, it takes 2 to 3 cycles to achieve pregnancy. Additionally, highly inflated managed care pharmacy prices for IVF medications, where families with coverage can pay as much as 100% more for medications compared to prices charged to self-pay families, often contribute to 25-50% or more of total IVF costs, which can quickly drain lifetime caps and severely limit overall IVF care options.
According to the National Conference of State Legislatures, 15 states currently have laws regarding insurance coverage for infertility diagnosis or treatment, including 2 states that border Delaware, New Jersey and Maryland. This puts the State at a significant competitive disadvantage, as many reproductive age residents intentionally change employers and leave Delaware to gain more attractive fertility care benefits. It is also well-documented that individuals who self-pay for an IVF procedure, or have limited benefits, often demand that 2 or more embryos be transferred to their uterus. This greatly increases the risk of multiple births and is a dangerous and costly approach for heavily burdened health care resources, and can be completely avoided with greater access to covered fertility care services. Studies show that states with insurance coverage have a lower rate of multiple births because fewer embryos are transferred.
This Act requires insurers to cover fertility care services based on the current standard of care for IVF treatments to achieve pregnancy success rates for singleton births at the lowest possible costs. This will greatly reduce the risk of multiple births and greatly reduce hospital and health care costs, thus saving employers money. Several recent studies have found that the cost of perinatal and neonatal care for twins is about $100,000, whereas singleton pregnancies cost about $13,000. Triplet pregnancies can cost $400,000 or more. For every 100 pregnancies from IVF that are singletons but could have been twins, about $8.7 million dollars is saved, on top of reduced pain and suffering for parents and premature babies. This Act would significantly reduce this high financial and societal burden by promoting IVF technologies that use single-embryo transfers.
This Act could increase the number of persons treated for infertility, but also increase the number of babies born in Delaware by 2-300 per year, thus increasing the state’s birth rate by 1-2% and providing a boost to the local economy, while also decreasing health care costs. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR OBSTETRICAL AND GYNECOLOGICAL SERVICES. |
| HB 352 | Signed | Longhurst | This Act permits licensed child care providers, who successfully complete a State-approved medication training, to administer medication to children in their care, including by non-intravenous injection, if a child has a medical need during child care hours that requires it.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING. |
| SB 165 | Signed | Walsh | This Act permits private sector labor organizations and employers to enter into union security agreements to the full extent allowed under federal law. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNION SECURITY AGREEMENTS. |
| HB 355 w/ HA 1 | Signed | Osienski | This Act allows an agency, as defined in § 6902 of Title 29, (“agency”) to accept electronic bid submissions and on-line bidding for contracts procuring material and nonprofessional services.
This Act also expands the use of electronic bid submission and on-line bidding to be used for large public works contracts and large professional service contracts by the Office of Management and Budget or an agency.
This Act also makes the Section of Government Support Services in the Office of Management and Budget responsible for administering the State’s centralized contract development, solicitation, evaluation, and contract administration system on behalf of all agencies.
Finally, this Act 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 STATE PROCUREMENT. |
| SB 170 w/ SA 2 | Signed | Marshall | This bill increases the minimum wage to be paid in this State beginning in 2018 and ending in 2021. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE. |
| HB 379 w/ HA 1 + SA 1 | Signed | Yearick | Section 1 clarifies the Town’s nuisance and dangerous building abatement powers and requires property owners to pay for the abatement costs. This section further clarifies the Town’s ability to grant franchises, licenses, and permits, and impose fees for the same. It authorizes the Town to impose a realty transfer tax, and it increases the maximum penalty for a code violation to $500.00.
Section 2 authorizes the Town to annex property and creates procedures for the annexation of property.
Section 3 reduces the number of members on the Town Council from seven to five and eliminates the elected positions of secretary, treasurer, and tax collector. This section prohibits individuals convicted of a felony from running for Mayor or Council. This section establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, and the establishment of the elections board. This section requires voters to be United States citizens.
Section 4 establishes the term of office for Mayor and Council as two years, and outlines how the Town Council will transition from seven to five council members.
Section 5 clarifies the Council’s ability to fill a vacancy on Council regardless of how that vacancy occurred, and it makes other changes to create consistency with the re-organization of the structure of the Town Council.
Section 6 creates an organizational meeting at which a council secretary and treasurer are appointed each year.
Section 7 clarifies who can be appointed as the Tax Collector and authorizes the Council to employ other individuals as needed by the Town. This section clarifies when regular meetings are held and allows electronic communication to be used to notify the Mayor and Council of special meetings.
Section 8 authorizes the Town to have the same tax collection powers as Kent County and authorizes the Town to recover expenses incurred to collect taxes through legal proceedings. This section authorizes a court or administrative body to award the Town its costs of prosecution when the Town is the prevailing party in a legal proceeding to enforce an ordinance or collect an amount owed to the Town.
| AN ACT TO AMEND THE CHARTER OF THE TOWN OF WOODSIDE. |
| HB 384 | Signed | Spiegelman | This bill removes an out-of-date provision in the Code that authorizes Kent County Government to employ a janitor or janitors for the care of the County Courthouse. The State purchased the Kent County Courthouse from Kent County in 2003. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE GOVERNMENT OF KENT COUNTY. |
| SS 1 for SB 144 w/ HA 2 | Signed | Bushweller | This Substitute Act implements certain recommendations adopted by the Lottery & Gaming Study Commission in 2015 and the Video Lottery Advisory Council in 2017, in recognition of significant changes in the regional gaming marketplace and the State’s desire to remain competitive in the face of a proliferation of gaming venues in neighboring states. This Substitute Act adjusts the revenue sharing model in a way that ensures that the State continues to benefit from video lottery proceeds, ensures continued employment and horse racing at the State’s three video lottery facilities, and ensures that the video lottery agents will be able to reinvest capital in their facilities, market their facilities, and maintain their high standards of customer service.
Effective July 1, 2018, this Substitute Act does all of the following:
1. Reduces the State’s share of gross table game revenues from 29.4% to 15.5%.
2. Suspends the table game license fee due June 1, 2019, and continues to suspend the fee in subsequent fiscal years if each agent increases expenditures on marketing, wages, and benefits by its pro rata share of the license fee.
3. Increases purses for horsemen by 0.6%, phased-in over two years.
4. Reduces the State’s share of gross slot machine revenues from 43.5% to 41.5% or 42.5% to 40.5%, as applicable, with additional reductions of 2% possible for each video lottery agent starting with the fiscal year beginning July 1, 2019, based on qualified capital expenditures reaching 3% of video lottery net proceeds.
The Substitute Act also removes the prohibition against video lottery agents operating on Christmas or Easter.
The Substitute Act differs from the Act with respect to the increases in purses for horsemen, a revised basis upon which to calculate the State’s share of gross slot machine and table games revenues, and requirements for video lottery agents to increase capital expenditures, marketing, wages, and benefits to continue the suspension of table game license fees and receive additional reductions in the State’s share of video lottery net proceeds.
Sections 2, 5, and 6 of this Substitute Act are drafted to amend the law in effect at the time the changes are to take effect. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LOTTERIES. |
| HB 392 | Signed | Keeley | Section 1 of this Act provides that the Director of Revenue shall make tax returns available via the Internet on or before January 15 of each tax year.
Section 2 of this Act clarifies that a judgment lien, as opposed to the underlying judgment, filed by the Division of Revenue continues for 20 years. This makes the statutory language consistent with applicable case law.
Section 3 of this Act authorizes the Division of Revenue to enter into agreements to share information with agencies on whose behalf the Division receives and processes tax returns and payments.
Section 4 of this Act provides that estimated tax payments will not be required unless the taxpayer expects to owe more than $800.
Sections 5 and 6 of this Act provide that licensees who operate amusement and vending machines are not obligated to affix a license to the machines because the Division of Revenue has not issued vending machine stamps for many years because of the cost to have them printed.
Section 7 of this Act provides that if any of the provisions are found to be unconstitutional, the remaining provisions will stand.
Section 8 of this Act provides that Section 4 of this Act applies for tax years commending after December 31, 2017. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO TAX ADMINISTRATION. |
| HB 396 | Signed | Carson | This Bill amends the Charter of the Town of Smyrna in the following ways:
Section 1 removes the Board of Assessment from the list of Boards the Town can appoint.
Section 2 replaces the appointment of a Board of Assessment with a Tax Assessor, which may be a qualified individual or entity. Section 2 eliminates language regarding the swearing in of the Board of Assessment and replaces references to the Board of Assessment with Tax Assessor.
Section 3 replaces references to the Board of Assessment with Tax Assessor.
Section 4 replaces references to the Board of Assessment with Tax Assessor and requires the Tax Assessor to be available to answer questions and provide information on the date of assessment appeals.
Section 5 increases the timeframe for repaying short term borrowings from five years to fifteen years. Section 5 states that expenditures not secured by the full faith and credit of the town are exempt from the requirements of section 13 and that the Town Council may adopt an ordinance authorizing the Town Manager to borrow up to $100,000 without a Resolution of the Town Council approving the borrowing.
| AN ACT TO AMEND THE CHARTER OF THE TOWN OF SMYRNA |
| SS 1 for SB 159 | Signed | McBride | The Act made changes to motor vehicle franchising practices, by doing the following:
(1) Prohibiting a new motor vehicle manufacturer from recovering its costs for compensating its dealers for recalls or warranty parts and service by reducing the amount due to the dealer or imposing a charge.
(2) Establishing the process for and method of compensating a dealer for a recall related to a used motor vehicle.
(3) Providing a process by which a dealer may protest a franchise termination with the Public Service Commission.
(4) Protecting consumer data.
(5) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Substitute Act incorporates these changes and makes an additional change to § 4903(b) of Title 6. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE. |
| HB 414 w/ HA 1, HA 2 | Signed | D. Short | This bill amends the Charter of the Town of Blades to allow annexation without a referendum only if the property to be annexed requests the annexation. Also, if a petition of over 10% of eligible voters requesting a referendum is submitted with 30 days of Council approval, then a referendum must be held. The cost of a referendum when a contiguous property owner desires to come into Blades to obtain their utilities and services seems unnecessary. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF BLADES RELATING TO ANNEXATION. |
| HB 435 | Signed | Baumbach | This bill permits the Council of the City of Newark to impose and collect a lodging tax of no more than 3 percent on hotel and motel rooms located in the City of Newark so long as it is approved by a majority of the council pursuant to the provisions of the Charter of the City of Newark. | AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK RELATING TO THE POWERS OF COUNCIL. |
| SB 232 | Signed | McBride | This Act expands the total number of vice-chancellors on the Court of Chancery to 6 and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO VICE-CHANCELLORS OF THE COURT OF CHANCERY. |
| HB 457 w/ HA 1 | Signed | Q. Johnson | This bill provides for a residential electrician license. A residential electrician license allows for a person to conduct residential electrical work without having to be under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special or journeyperson electrician. Electricians with a residential electrician license are permitted to perform electric work performed on or within a residential dwelling or building prior to the dwelling or building being connected to the electric grid, or work to or beyond the breaker panel or fuse box in a residential dwelling or building, or residential low voltage electric work. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ELECTRICIANS. |
| HB 475 | Signed | Q. Johnson | This Bill is the Fiscal Year 2019 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, 2019; 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 AND SPECIAL 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. |
| SB 237 | Signed | McDowell | This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2019.
Section 1 – Government Units and Senior Center $24,685,721
Section 2 – One-Times and Community Agencies $20,386,744
Section 3 – Fire Companies $6,760,542
Section 4 – Veterans Organizations $312,631
GRAND TOTAL $52,145,638
| AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2019; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2019 APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS. |
| SJR 8 | Signed | McDowell | This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2019. | THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2019. |
| HB 483 | Signed | Ramone | This Act creates a training minimum wage and a youth wage that is not more than $0.50 less than the minimum wage rate that becomes effective January 1, 2019. The increase in the minimum wage to $8.75 is also effective January 1, 2019. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE. |
