Daily Report for 6/14/2019

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 31SignedDukesThis bill defines Street Rods to correspond with the same age requirement as used for antique motor vehicles, and would remove a fender requirement. Historically Street Rods are open-wheeled vehicles. Additionally, no equipment shall be required on a Street Rod if such equipment was not a condition of sale when the vehicle was manufactured unless such equipment is specifically required by this section.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO STREET RODS.
HB 45SignedBaumbachThis Act is the product of the Manufactured Home Owners and Community Owner’s Act Task Force (“Task Force”), established by HR No. 24 of the 149th General Assembly. This Act makes technical and substantive revisions to the Manufactured Home Owners and Community Owners Act that were approved by all voting and nonvoting members of the Task Force. The specific changes are as follows: 1. Chapter 70 of Title 25 is reorganized so that it is easier to read and specific provisions are easier to identify. • Section 7026 is broken into separate sections in a new Subchapter V, with headings to indicate the topic of the different provisions. The reorganized subsections of § 7026 are shown with strike through where the subsection is currently located and underline in the new location, but no substantive changes are made to the subsections. 2. Technical corrections that improve consistency, clarity, and conform existing law to the standards of the Delaware Legislative Drafting Manual, including all of the following: • Oxford commas added. • “Shall not” is replaced by “must not” or “may not.” • “Pursuant to [reference to paragraph, statute, title]” replaced by “under.” • “Including, but not limited to,” is replaced with “including.” • Long paragraphs that contain lists are revised into outline form. • Semi-colons at the end of items in a list are replaced with periods. • “And/or” is replaced by “and” or “or.” • “All of the following” or “any of the following” is inserted prior to lists. • Corrects the references to the Department of Justice. • Corrects spelling errors and inconsistent hyphenation and phrasing of terms. • Moves all definitions to the definitions section. 3. Corrections that, while substantive, provide clarity and codify current practices, including all of the following: • Removes the definition of “hold over” because the term is not used in Chapter 70. • Clarifies language regarding the content of a rental agreement summary. • Clarifies language regarding lease renewals. • Clarifies language regarding holdover tenancies. • Eliminates inconsistent language about the amount of notice required before a rent increase. • Provides specific authority for Delaware Manufactured Housing Relocation Authority (“DEMHRA”) to spend funds for DEMHRA’s responsibilities under Subchapter VI. • Corrects an incorrect statement in the penalty provision of Subchapter VI because DEMHRA does not, under existing law, have the authority or responsibility to approve rent increases. 4. The following substantive changes are made: • Requires that a receipt be provided to a tenant for a cash payment of rent within 3 days of the payment and that records of cash receipts for rent be maintained for 3 years. • Revises the procedure for scheduling a meeting when a rent increase is proposed and adds requirements for the content of the notice provided to homeowners of the deadline to request arbitration. • Removes the model bylaws because they are no longer necessary. • Simplifies the amount of relocation assistance provided to home owners. • Explicitly permits relocations assistance for a home moved out of State or to land that is not in a manufactured home community. This Act takes effect 180 days from enactment. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.
SB 27 w/ SA 1SignedWalshThis Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.
SB 34 w/ SA 1SignedHansenThis Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A PRESCRIPTION OPIOID IMPACT FUND.
SB 42SignedWilsonThis Act expands applicability of the Delaware State Fair Centennial Limited Edition Special License Plate to vehicles with a manufacturer's gross vehicle weight rating of up to 26,000 pounds, and clarifies that vehicles owned by artificial entities qualify for this plate. This Act also removes a provision regarding vans, as that language is antiquated and no longer necessary.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
HB 94SignedDukesThis Act will increase payments of child support arrears or retroactive support from payments for settlements and awards from negligence, personal injury, and workers compensation cases by requiring that all insurers share information with an insurance claim data collection organization. The Division of Child Support Services ("Division") uses an insurance claim data collection organization to match individuals who are in arrears on child support or who owe retroactive child support with individuals with insurance claims based upon negligence, personal injury, or workers' compensation cases. The data collection organization performs a data match of the claimants provided by insurers and child support obligors provided by the Division. The data collection organization provides reports of matches to the Division so that the Division can issue a lien against the insurance claim to collect the child support arrears or retroactive support. Currently, some insurers voluntarily submit claim information to the insurance claim data collection organization and in 2018, $424,977 in unpaid child support was collected through this process. This Act requires that all insurers submit claim information to the insurance claim data collection organization and is expected to collect an additional $150,000 - $200,000 in unpaid child support. This Act also allows written notice of a lien or action to perfect the lien to be sent by electronically or by first class mail to conform to industry practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT LIENS ON INSURANCE CLAIM PAYMENTS.
HB 141 w/ HA 1SignedMinor-BrownNew daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SB 156 w/ SA 1SignedMcBrideIn January 2019, 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 2018 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 also includes technical corrections identified outside of the list provided by the Code Revisors. 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. This Section corrects a typographical error created in § 512 of Title 4 when House Bill No. 284 was passed after House Bill No. 158 in the 149th General Assembly and House Bill No. 284 did not incorporate the revisions made to § 512 by House Bill No. 158. Sections 2 through 4. These Sections correct errors created by House Bill No. 125 of the 150th General Assembly changing the limit on the number of barrels to 6 million instead of the reference to the Code of Federal Regulations in 5 sections of the Delaware Code. The Code of Regulations limit includes a time period of a calendar year on the number of barrels and that time period was included in 2 of the 5 sections where this was changed. These sections add “in a calendar year” after the number of barrels in the other 3 sections and corrects the spelling for “million” in 1 section. Sections 5 through 6. These Sections replace a reference to § 2728 of Title 18 with a reference to § 4915 of Title 10. The synopsis to Senate Bill No. 195 of the 149th General Assembly explains that SB 195 repealed § 2728 of Title 18 because that section has been superseded by § 4915 of Title 10. Section 7. House Substitute No. 1 to House Bill No. 222 of the 149th General Assembly created lethal violence protective orders. This Section removes the word “emergency” from § 7704 of Title 10 because an order is entered after a nonemergency petition is filed and a hearing is held under § 7704 of Title 10. Section 8. Senate Bill No. 150 of the 149th General Assembly revised the Delaware Police Accreditation Commission. This Section replaces an incomplete sentence with standard organizational language regarding the ability of members to appoint a designee and makes other technical corrections. Section 9. During discussions of Senate Bill No. 10 in the 150th General Assembly, outdated language describing disqualifying felonies for eligibility to vote was identified. This Section corrects the inconsistent language by referencing Chapter 61 of Title 15, which was enacted by the 140th General Assembly and establishes when persons with felony convictions are permitted to vote. This Section also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 10. This Section revises § 4944 of Title 15 to correctly identify the State Election Commissioner as the custodian of the names of electors and the spelling of Vice President, errors discovered while drafting legislation for the 150th General Assembly. Sections 11 through 16. These Sections correct the incorrect spelling of Vice President identified while drafting legislation for the 150th General Assembly. Section 17. House Bill No. 248 of the 149th General Assembly did not properly include the existing language in the Delaware Code. This Section revises § 122(3)p.2.B.VI. of Title 16 by including the language intended by House Bill No. 248 and repealing the existing provisions. Section 18. House Bill No. 431 of the 149th General Assembly, as amended, requires nursing and assisted living facilities to offer onsite influenza vaccinations to all employees every year. The Code Revisors interpreted the phrase “of the following year” to mean only 2019, the calendar year after enactment of the Act. This Section revises § 1144 of Title 16 so that it is clear that the vaccinations must be provided every calendar year. Section 19. House Bill No. 409 of the 149th General Assembly, as amended, included the phrase “any of the above” in the first sentence of § 1904 of Title 19. This Section revises this sentence to clarify that it refers to the events earlier in the sentence. Sections 20 through 21. House Bill No. 311 intended to create a 2 year grandfathering of licenses after enactment but the effective date allowed for only 1 year. This Section establishes a 2 year grandfathering period. Section 22. After House Bill No. 46 was passed during the 150th General Assembly, questions arose regarding how to interpret the new provisions. This Section makes revisions to provide clarity. Section 23. This Section repeals § 704(c) of Title 29 because the provisions in § 704(c) are repeated with more detail in § 7331 of Title 15, an error discovered while drafting legislation for the 150th General Assembly. Section 24. Senate Bill No. 227 contains a delayed effective date and a sunset provision. This Section changes the sunset provision so it is 3 years after the effective date instead of 3 years after enactment. Section 25. This Section makes Section 22 of this Act effective the day after House Bill No. 46 is enacted.AN ACT TO AMEND THE LAWS OF DELAWARE AND TITLE 4, TITLE 6, TITLE 10, TITLE 11, TITLE 15, TITLE 16, TITLE 19, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HA 2 to HB 129PWBJaquesThis amendment modifies the permissible tax increase the school board may impose to the lower of either a rate equal to the percentage change in the CPI-W or a rate of 2% annually. 
HB 224CommitteeMichael SmithThis bill expands upon the companion bill (House Bill No. 130 as amended of the 150th General Assembly) relating to the use of single-use plastic bags. This bill prohibits the use of single use paper bags and works to lessen consumption of single use bags in favor of having consumers utilize reusable bags. The purpose of the bill, as detailed in the preamble, is to further clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on certain stores providing single-use paper bags at check-out.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.
HB 227CommitteeSpiegelmanZoning laws address what land uses are allowed in a zoning district. In Kent County, many uses are not automatically allowed but may be allowed as conditional uses. This bill makes it clear that a use not automatically allowed or prohibited must be considered as a conditional use.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO KENT COUNTY ZONING.
HS 2 for HB 117CommitteeKowalkoThis Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. This Act does not apply to the resale of these items. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act takes effect on July 1, 2020. Like House Substitute No. 1 for House Bill No. 117, this Act makes technical changes to House Bill No. 117 for internal consistency and for consistency with other provisions of the Code. This Substitute differs from House Substitute 1 for House Bill No. 117 as follows: 1. It allows the electronic components within children’s products and upholstered furniture to contain the prohibited chemicals. 2. Revises the definition of “flame retardant chemical” to include only the harmful chemicals prohibited under this Act. 3. Makes additional technical corrections.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF HARMFUL FLAME RETARDANTS.

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Economic Development/Banking/Insurance & Commerce
Health & Human Development
Housing & Community Affairs
Natural Resources
Public Safety & Homeland Security
Revenue & Finance
Telecommunication Internet & Technology
Transportation/Land Use and Infrastructure

Senate Committee Report

No Senate Committee Report

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