Daily Report for 3/14/2019

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 69PassedKowalkoThis Amendment provides for a representative from the Delaware Association of the Deaf instead of from the State Council for Persons with Disabilities and makes a technical correction. 
HA 1 to HB 24PassedBennettThis Amendment: (1) Replaces “retail price” with language requiring that a carrier not impose a copayment or coinsurance requirement that exceeds the lesser of one of the following: (i) the applicable copayment or coinsurance that would apply for the prescription drug in the absence of this section; (ii) the amount an individual would pay for the prescription drug if the individual were paying the usual and customary price; or (iii) the contract price for the prescription drug. (2) Provides a definition of “contract price” in place of the definition of “retail price”. (3) Adds a definition of “pharmacy” based on its use in the definition of “contract price”.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 5 w/ SA 1SignedHansenThis Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund (“LIEF”), funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-on and carry-out facility. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute to Senate Bill No. 5 makes the following changes: • Clearly labels “littering” as a category of unlawful activity distinct from “dumping.” • Adds State parks, State forestry areas, State fish and wildlife areas, federal wildlife refuges, and lands within the State that are administered by the U.S. Department of Interior, National Park Service, to the list of areas that trigger enhanced penalties. • Establishes LIEF as a subaccount to the already-existing Special Law Enforcement Assistance Fund (“SLEAF”) under Subchapter II, Chapter 41, Title 11. • Requires disbursement of LIEF funds to follow the disbursement procedures already established for SLEAF. • Clarifies that the voluntary assessment alternative applies only to littering offenses. The penalty for dumping includes a mandatory community service obligation, so voluntary assessment cannot apply to dumping. • Updates language to allow courts to accept methods other than check or money order to make payments under this Act.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.
SA 1 to SS 1 for SB 5PassedHansenTo prevent the Division of Waste and Hazardous Substances’ permit activities from being considered littering, this Amendment makes changes to the provision under which littering is unlawful, by clarifying that either of the following 2 situations are lawful: The property is designated for litter management and the person was authorized to use the property for that purpose. - or - The litter is placed in a litter receptacle or container installed at the property. - and – The person is the owner or tenant in lawful possession of the property or first obtained the owner’s consent, or the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. This Amendment also makes a technical correction. 
HCR 12PassedBoldenThis resolution designates March 16, 2019 as “Méaraí na hÉireann” in Delaware to raise awareness and celebrate the contributions of these late leaders of the City of Wilmington in our society, and for the greater good of our state.DESIGNATING MARCH 16, 2019 AS RECOGNITION DAY CELEBRATING THE LIVES AND CONTRIBUTIONS OF THE LATE HONORABLE THOMAS C. MALONEY, WILLIAM T. MCLAUGHLIN AND DANIEL S. FRAWLEY & HONORING THE LEADERSHIP AND ACHIEVEMENTS OF THEM DURING ST. PATRICK’S DAY EVENTS IN OUR STATE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 12SignedKowalkoThis Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD.
HB 46 w/ HA 2, HA 4 + SA 2SignedKowalkoThis Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney 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 enforcing existing rights in disputes with community owners. This Act does all of the following: 1. Clarifies that tenants and landlords continue to each pay half of the monthly assessment, currently $5.00, which is deposited in the Delaware Manufactured Home Relocation Trust Fund. 2. Directs $0.50 of each tenant’s portion of the monthly assessment to the Attorney Fund. 3. Reduces the obligation of the landlord by $0.50 for each rented lot. This Act is drafted so that if both this Act and House Bill No. 45 are enacted in 2019, the changes made by this Act will be incorporated into the revisions to Chapter 70 of Title 25 made by House Bill No. 45. Sections 1 and 2 make the same technical corrections as House Bill No. 45 and Sections 1 and 3 make additional 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.
SCR 12PassedHockerThis Concurrent Resolution recognizes November 2019, as Autoimmune Disease Awareness Month in Delaware. RECOGNIZING NOVEMBER 2019, AS AUTOIMMUNE DISEASE AWARENESS MONTH IN DELAWARE.
SCR 13PassedDelcolloCholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2019 as "World Cholangiocarcinoma Day" in Delaware. RECOGNIZING FEBRUARY 12, 2019 AS "WORLD CHOLANGIOCARCINOMA DAY" IN DELAWARE.
SB 22SignedTownsendAct enacts the National Popular Vote compact, which changes the Electoral College from an institution that reflects the voters’ state-by-state choices into a body that reflects the voters’ nationwide choice. Currently, state statutes require that electoral votes are controlled by the plurality of the voters in the state but this system is not required by the U.S. Constitution or federal law. The National Popular Vote compact requires that each member state award its electoral votes to the presidential candidate who received the largest number of popular votes in all 50 states and the District of Columbia. The National Popular Vote compact becomes effective when it is enacted by states collectively possessing a majority of the electoral votes. When the National Popular Vote compact takes effect, the presidential candidate receiving the most popular votes in all 50 states and the District of Columbia would be guaranteed enough electoral votes in the Electoral College to be elected to the Presidency. Specifically, this Act does the following: Section 1. Adopts The Agreement Among the States to Elect the President by National Popular Vote ("National Popular Vote compact") and provides for notice regarding when the National Popular Vote compact is in effect and governs a presidential election. Section 2. Revises the wording of § 4303(b) so that it correctly addresses how electors must vote in any presidential election. This is not a substantive change to current law, which governs when the National Popular Vote compact is not applicable to an election, because the electors nominated by the political party that received the plurality of vote of the voters of this State are the electors who are appointed. Section 3. Corrects a typographical error in § 5711. Section 4. Revises § 5711 to govern when the National Popular Vote compact governs a presidential election. Both versions of § 5711 will appear in the Delaware Code with a note at the top of each version stating if that version governs the next presidential election. Section 5. Revises § 7704 of Title 15 regarding the election of delegates to a state constitutional convention to ratify proposed amendments to the U.S. Constitution so that it remains unchanged by the National Popular Vote compact. The statute currently provides that delegates are elected "in the same manner as in the case of the election for electors for President and Vice President." Because the National Popular Vote compact changes how electors are selected, § 7704 is revised so that delegates to a national constitutional convention are nominated and elected in the current manner, regardless of whether the National Popular Vote compact governs the next presidential election. Section 6. Clarifies the effective date of this Act and when Section 1 of this Act governs a presidential election. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.
HA 2 to HB 46PassedKowalkoThis Amendment clarifies that $3.00 was the initial amount of the monthly assessment for the Delaware Manufactured Housing Trust Fund because the next sentence of the current law gives the Board of the Delaware Manufactured Housing Relocation Trust Authority the ability to adjust the amount of this assessment. 
HA 4 to HB 46PassedKowalkoThis amendment requires the Department of Justice to provide to the General Assembly an annual report each October 1 that sets out the amount in the Attorney Fund, the amount that was spent in the previous year, the number of cases the attorney worked on and the number of home owners who were represented by the attorney. This will inform the General Assembly on the effectiveness of the Delaware Manufactured Home Owner Attorney Fund. 

Senate Committee Assignments

Banking, Business & Insurance

House Committee Assignments

Health & Human Development
Housing & Community Affairs
Public Safety & Homeland Security
Transportation/Land Use and Infrastructure
Veterans Affairs

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 46DefeatedBriggs KingTo dissuade frivolous litigation, this amendment allows community owners to recuperate their legal fees if they are successful in actions against a tenant that are funded by the Delaware Manufactured Home Owner Attorney Fund. 
HA 3 to HB 46DefeatedYearickThe current language puts all of the financial burden upon the community owner to pay for legal counsel with no ability to recover its costs if the community is compelled to defend any action brought using funds from the home owner attorney fund. Currently there are no financial disincentives being placed upon those using the fund to be financially prudent and reasonable in pursuing their matter. This imbalance has resulted in homeowners asking for arbitrations and appealing every case when they have free legal counsel. This amendment would thereby compel those making decisions on the use of funds to be prudent in the decisions on which matter to fund. This amendment allows community owners to recover their legal costs if the community owner is the successful party in any matter using funds from the Fund. The amendment also prohibits the use of the fund for matters brought by or concerning homeowners who do not inhabit the manufactured home as their full time permanent residence. Given the concern for affordable housing the amendment also imposes a means test before any funds can be used to ensure that only homeowners unable to pay for legal services using their own resources are allowed to benefit from the fund. The means test will be promulgated by the Relocation Trust Authority Board. Finally the amendment prohibits the use of the fund for homeowner challenges to community owners proposed rental increases under Subchapter VI of this Chapter. 

Nominations Enacted upon by the Senate

No Records