Daily Report for 7/18/2019

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 59 w/ HA 1SignedBennettThis Act requires the Secretary of the Department of Transportation to publish the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMUNITY TRANSPORTATION FUND.
HB 86 w/ HA 1SignedOsienskiThis Act does all of the following: (1) Imposes a 5 cent per gallon tax on certain aviation jet fuel. (2) Provides the procedures for collecting the tax. These procedures are the same as the procedures under Subchapter II of Chapter 51 of Title 30; however, this Act makes technical corrections to those procedures to conform the law to the standards of the Delaware Legislative Drafting Manual. (3) Gives the Department of Transportation ("Department") authority to establish regulations and otherwise enforce the collection of the new tax. (4) Requires the Department to deposit the proceeds of the tax into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department's responsibilities concerning aviation in this State. This Act takes effect on July 1, 2019.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL TAX.
SB 56SignedParadeeThis Act modernizes the process and requirements for issuance of liquor licenses for off premises consumption. The current process and requirements do not consider population growth. Minimum distance requirements are enhanced while increases in population growth will now be considered to arrive at a safety and convenience balance. This Act also grandfathers existing licensees into the current process. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SB 57SignedParadeeThis Act makes clear that a retail licensee may only purchase authorized product from an importer, also known as wholesaler, except that a retail licensee may purchase up to 20 gallons a day from a premises licensed to sell for off-premises consumption. This Act also clarifies that off-premises licensees may sell untapped kegs for off-premises consumption.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOL LIQUORS.
HB 108SignedSmykSection 1 of this bill amends the Charter of the Town of Milton relating to purchasing contracts. Specifically, the bill: raises the monetary thresholds to be more in line with the State of Delaware, Material and Non-Professional Service Purchase Thresholds, known as policy 5.3.1; clarifies that the Town need not competitively bid again if the results were unreasonable or not independently reached; and adds a new exclusion for purchases made pursuant to the State of Delaware procurement process or from a vendor on the General Services Administration Federal Supply Schedule. Section 2 of the bill clarifies that the Town may levy and collect property taxes on an annual and on a quarterly supplemental basis. AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON RELATING TO CONTRACTS AND ENUMERATION OF POWERS.
HB 109 w/ HA 1SignedKowalkoThis Act amends the municipal Charter of the City of Newark as follows: 1. Eliminates the ability of artificial entities to vote in elections to borrow money. 2. Limits voters who are eligible to vote both as a qualified voter and as an owner of property to only 1 vote in an election to borrow money. 3. Shortens the time for the owner of real estate to redeem property assessments from 1 year to 6 months. 4. Updates outdated provisions regarding telegraph poles, qualifications for city manager, election procedures, and the Delaware Freedom of Information Act. 5. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including making provisions contained in this Act gender neutral.AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.
SB 72SignedMcBrideThis bill serves to "decouple" the required examination in Principles and Practice of Engineering from the experience requirements. Applicants who have met their educational requirements may take the examination prior to completion of their experience. (This amendment does not apply to applicants who become licensed solely through experience without an educational component.) Decoupling serves to safeguard life, health, and property and promotes the public welfare by encouraging and facilitating engineering students and new engineers to pursue licensure without lowering the requirements for licensure. Currently, 16 states allow applicants to take the examination before completion of 4 years of experience. This bill also specifies that, for comity applicants, experience may be accepted even where it is obtained outside of the states, territories, or possessions of the United States, the District of Columbia, or provinces or territories of Canada.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.
SB 74SignedWalshThis bill makes modification to the New Economy Jobs Credit allowing qualified employers to pro-rate their job creation activity in the first certified year, ensuring the indexation of the salary threshold is conducted prior to the calendar year to assist with business planning and establishing an incentive to qualified employers to maintain their employment thresholds.AN ACT TO AMEND TITLE 30, CHAPTER 20 OF THE DELAWARE CODE RELATING TO NEW ECONOMY JOBS PROGRAM CREDITS.
SB 75SignedParadeeThis Act makes the following changes to provisions required in life insurance policies issued in this State: (1) Specifies that a certified copy of an insured's death certificate, or other lawful evidence providing equivalent information, is acceptable as due proof of death. (2) Requires that interest be paid on the death benefit due under a life insurance policy.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PAYMENT OF LIFE INSURANCE CLAIMS.
SB 84 w/ SA 2SignedHansenThis Act revises the Delaware Native Species Commission by doing the following: 1. Adds a member from the Delaware Department of Transportation. 2. Removes the requirement that Governor appointees be citizens of this State. 3. Requires that the members who represent stakeholder commercial interests represent those interests in Delaware. 4. Adds 2 additional public members.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.
HB 142 w/ SA 1SignedGriffithThis Act adds one more member, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council, to the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Act also updates language regarding victims of domestic violence to include survivors. 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 THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
HB 146SignedBushThis bill makes three changes to health insurers and their relationships to providers. First, it limits the number of records that can be requested by a payer from a provider for post claim adjudication audits within a specific period of time. Second, it establishes a minimum filling standard for claims to be made. And third, it details requirements for electronic medical claim submissions and payment remittance. The goal is to reduce the overall cost to collect and make the process of claims, payments, and post claim adjudication audits more efficient especially as more insurers require electronic claims.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE.
SB 86SignedLopezThis Act amends the Charter of Rehoboth Beach to give the Commissioners the authority to impose and collect a lodging tax. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND THE CHARTER OF REHOBOTH BEACH RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.
SB 93 w/ SA 1SignedWalshThis Act permits a horse racetrack to make and sell beer on the horse racetrack premises for consumption on or off the licensed premises. This Act also makes technical corrections to existing law. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SB 101SignedPooreThe opioid epidemic spreading through Delaware has reached critical levels, with 210 fentanyl-related deaths in 2017. This legislation will update the schedule for Fentanyl analogues, consistent with language used by the Drug Enforcement Administration (DEA). The Forensic Chemistry Unit at the Division of Forensic Science has confirmed the presence of these analogues in Delaware, but some of which are not currently scheduled under Title 16. This is directly related to continuous structural modifications of Fentanyl by illicit manufacturers. This legislation will close that gap and provide clarity to Title 16, consistent with federal law, by addressing ever-changing structural modifications being made in the illicit manufacture of Fentanyl. This legislative is aimed to curb the manufacture and distribution of illicit Fentanyl analogues and has no impact on the legal manufacture of Fentanyl for medical use.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
SB 102SignedMcBrideThis Bill establishes the pilotage rates for the Pilots’ Association for the Bay and River Delaware for 2020, 2021 and 2022.AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO PILOTAGE RATES.
SB 111SignedLockmanThe Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Advisory Council to the Division of Developmental Disabilities Services was identified as needing updates to change terms to “up to” 3 years, remove political party balance, and make it easier to fill vacancies. 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 THE ADVISORY COUNCIL TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.
SB 114SignedLockmanThis Act corrects a technical error in House Bill No. 311 of the 149th General Assembly. HB 311 was intended to allow the grandfathering of licenses under Chapter 39, Title 24 to occur up to 2 years after HB 311 was enacted. In fact, however, HB 311's effective date allowed for only 1 year. Under this Act, the grandfathering period will be for the intended period of 2 years.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS.
SB 115SignedLockmanThis Act makes updates to the Joint Legislative Oversight and Sunset Act (“JLOSC Act”) to meet modern-day needs and practices. First, this Act defines “highest administrative officer” to clarify that the executive branch, cabinet-level officer of an entity under review must be present at public hearings under the JLOSC Act. Other states have an equal mix of requiring the presence of the cabinet-level official, requiring the presence of the division-level leader, or not clarifying which of the 2 positions must be present. This Act contemplates circumstances under which a person other than the cabinet-level officer may be more appropriate to appear at JLOSC hearings, and therefore authorizes the officer, with the JLOSC Chair’s approval, to appoint a designee to meet the officer’s obligations, or the JLOSC Committee to designate a person other than the officer. This Act also makes changes to specific deadlines that are out-of-step with JLOSC’s practices and needs. In doing so, this Act also clarifies language regarding JLOSC staffs’ duties and requirements for the JLOSC’s draft report. Finally, this Act makes technical changes 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 THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.
HB 159SignedBaumbachThis Act amends the municipal Charter of the City of Newark to permit the City of Newark to provide sanitary sewer service to properties outside of the Newark corporate limits without annexing these properties. Under this Act, sewer services may be provided to properties outside of the Newark corporate limits at the request of the property owner and if approved by New Castle County and the City of Newark. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.
HB 79 w/ HA 1, HA 2SignedMinor-BrownThis bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING DEFAULT BEVERAGES IN CHILDRENS’ MEALS IN RESTAURANTS.
SB 127SignedWalshThis Act changes the penalty for an employer’s failure to file a report required by the Division of Unemployment Insurance from $17.25 to 15% of the total contributions paid or payable by the employer, unless 15% of the total contributions is less than $100 or more than $450. If 15% of the total contributions is less than $100, the penalty is $100. If 15% of the total contributions is more than $450, the penalty is $450. These reports are used to calculate the unemployment tax assessments due from employers. The tax assessments fund Delaware’s Unemployment Trust Fund. The amount of this penalty has not been adjusted for inflation in over 25 years.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
SB 132 w/ SA 1SignedParadeeThis Act updates the Delaware Life and Health Insurance Guaranty Association Act (Delaware Act) to conform Delaware law to revisions made to the National Association of Insurance Commissioners’ (NAIC) Life and Health Insurance Guaranty Association Model Act (Model Act). The Model Act provides a framework for protecting policy or contract owners, insureds, beneficiaries, annuitants, payees, and assignees against losses due to the insolvency or impairment of an insurer. This Act revises the methodology for assessments relating to long-term care insurance written by an impaired or insolvent insurer and includes managed care organizations and health maintenance organizations within the scope of the Delaware Act to more fairly distribute the cost of long-term care insurance insolvencies among insurers writing life, health, annuity, managed care organization, and health maintenance organization products and to ensure sufficient assessment capacity for all insolvencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT.
SB 133SignedHansenThis Act revises the membership of the Fund Committee for special animal welfare license plates by including the Executive Directors of organizations instead of the presidents of the organization’s board of directors and adds the Executive Director of the Brandywine Valley SPCA to the Fund Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL ANIMAL WELFARE LICENSE PLATES.
HB 6 w/ HA 1SignedCarsonThis bill streamlines the process by which the Department may incorporate into its regulations tidal finfish management measures that have been adopted and specified in a regional or federal fisheries management plan or rule. This bill also eliminates procedures for the promulgation of tidal finfish regulations that the Delaware Administrative Procedures Act has rendered obsolete. AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS.
SB 107 w/ SA 1SignedBrownThis bill changes the standard of proof necessary to issue a civil gun relinquishment order from the Justice of the Peace Court. The preponderance of the evidence standard is the standard traditionally used in civil matters and is, therefore, appropriate here. This also makes the standard consistent with that required for a Lethal Violence Protective Order, which is highly similar in nature.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL PROCEDURES TO RELINQUISH FIREARMS OR AMMUNITION.
SB 140 w/ SA 1SignedHansenThis Act will expand New Castle County’s limited authority to lease park land or land held in public trust to include leases for erecting, maintaining and operating wireless communications facilities. State law currently limits public land leases to those for recreational purposes and related activities. At common law, the State legislature must approve transfers or changes in the use of park land; however, this function may be delegated to municipalities through legislative action. This Act is intended to abrogate the restrictions on permitted uses for public parks, held in a public trust as provided in the common law, including the restrictions set forth in Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977), and to amend state law to permit specifically a wireless communications lease on such land as minimally intrusive and with the approval of County Council.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO WIRELESS COMMUNICATION LEASES FOR NEW CASTLE COUNTY PARK AREAS AND OPEN SPACE.
HB 194 w/ HA 1SignedBennettOver 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates PBMs. Specifically, this Act does the following: (1) Requires PBMs to register with the Insurance Commissioner. (2) Permits the Insurance Commissioner to issue cease and desist orders based on fraudulent acts or violations of Chapter 33A of Title 18 committed by PBMs. (3) Requires PBMs to maintain certain records. (4) Permits the Insurance Commissioner to examine the affairs of PBMs. (5) Grants the Insurance Commissioner the authority to enforce Chapter 33A of Title 18 by imposing fines, requiring PBMs to take affirmative actions, and suspending, denying, or revoking a PBM’s registration. In addition, this Act updates existing law regarding maximum allowable cost lists and establishes a more transparent appeals process for a pharmacy to rely on if a PBM does not reimburse the pharmacy the amount owed under their contract or the maximum allowable cost list. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.
HB 206SignedMatthewsThis Act authorizes the Division of Motor Vehicles to issue special registration plates to commemorate the Delaware State Education Association centennial. It also allows the Division to collect a 1-time administrative fee of $15 to be deposited into a special fund and used by the Division for administrative costs.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR THE DELAWARE STATE EDUCATION ASSOCIATION CENTENNIAL.
HB 211SignedCarsonThe purpose of the Bill is to change the requirement in the seed law for germination testing from 14 months to 9 months prior to sale. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
SB 146SignedEnnisThis Act authorizes the Department of Health and Social Services to transfer to the Town of Smyrna excess land around the Delaware Hospital for the Chronically Ill, which borders on Lake Como, for $1.00. The land shall be used to expand the size of the park around Lake Como.AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN STATE OF DELAWARE OWNED REAL PROPERTY IN KENT COUNTY TO THE TOWN OF SMYRNA.
SS 1 for SB 128 w/ SA 1SignedWalshThis Act expands the collection procedures available to the Division of Unemployment Insurance to more closely match the collection procedures currently available to the Division of Revenue providing the Division of Unemployment Insurance with streamlined procedures to allow it to more quickly and easily execute on judgments for unpaid unemployment insurance tax assessments. These procedures include obtaining warrants for the levy and sale of property; extending liens; garnishments of wages, bank accounts, and other property; and denying or suspending professional licenses of judgment debtors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from Senate Bill No. 128 as follows: 1. Provides authority for appeals tribunals to hear protests under § 3368 of Title 19 and hearings under § 3369 of Title 19. 2. Aligns the length of a lien of a judgment under Chapter 33 of Title 19 with the length of a lien of judgment obtained by the Division of Revenue. 3. Removes debts owed due to overpayments from garnishment. 4. Makes clarifications and technical corrections.AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
HB 219 w/ HA 1SignedCarsonThis Act allows the Department of Agriculture to establish fees that may be charged for participation in the Delaware Hemp program. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
HB 228SignedSchwartzkopfThis Act allows Sussex County, by duly enacted ordinance, to impose a local lodging tax of no more than 3 percent of rent on rooms in a hotel, motel or tourist home located in the unincorporated areas of the County. Such funds may only be used in Sussex County for the capital and operating costs of beach nourishment, waterway dredging, economic development, tourism programs, recreational activities, and water quality and flood control projects.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO TAXES.
HB 242SignedBushDelaware is currently ranked highest in the nation for form filing fees. This Act ensures that Delaware stays competitive as an insurer domicile by preventing the Insurance Commissioner from charging more than $2000 per filing for form filing fees.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FEES COLLECTED BY THE DEPARTMENT OF INSURANCE.
SS 2 for SB 178SignedParadeeThe Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County. This Substitute places the lodging tax imposed by the Act in the same Delaware Code provision where the New Castle County lodging tax is placed and where the Sussex County lodging tax is proposed to be placed by House Bill No. 228 (150th General Assembly). This change in placement also results in excluding rentals by the Department of Natural Resources and Environmental Control from the lodging tax established by § 8112 of Title 9. This change also does the following: (1) Makes clear that the lodging tax power under § 8112(a) of Title 9 refers to New Castle County. (2) Makes technical corrections to the language of the Act, and existing law, to conform it to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES.
HB 255SignedLynnThis Act amends the Charter of the City of Dover to give the City Council the authority to impose and collect a lodging tax.AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER RELATING TO THE IMPOSITION AND COLLECTION OF A LODGING TAX.
SB 183SignedPooreThis Act makes a technical correction to the charter of the New Castle City Municipal Services Commission. This changed language was passed in HB 344 of the 148th General Assembly, but, for technical reasons, it was not reflected in the Charter.AN ACT TO AMEND THE CHARTER OF THE MUNICIPAL SERVICE COMMISSION OF THE CITY OF NEW CASTLE.

New Legislation Introduced

No Introduced Legislation

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

No House Committee Assignments

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