Daily Report for 1/29/2020

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 70Passed SenateDelcolloCholangiocarcinoma, 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, 2020 as "World Cholangiocarcinoma Day" in Delaware.RECOGNIZING FEBRUARY 12, 2020 AS "WORLD CHOLANGIOCARCINOMA DAY" IN DELAWARE.
SCR 71Passed SenateBoniniDesignating February 6, 2020 as "Ronald Reagan Day" in Delaware.DESIGNATING FEBRUARY 6, 2020 AS "RONALD REAGAN DAY" IN THE STATE OF DELAWARE
HA 1 to HB 263PassedBentzThis Amendment revises House Bill No. 263 by doing all of the following: 1. Requires at least 1 formulation of each type of prescription insulin be on the lowest tier of the drug formulary. 2. Defines the "lowest tier of the drug formulary" as the lowest tier for generic drugs, if the insulin is a generic and the lowest tier for brand-name drugs, if the insulin is brand-name. 3. Clarifies that the $100 per month cost-sharing cap includes deductible payments and cost-sharing amounts charged once a deductible is met. 4. Corrects the date for the applicability of this Act so it includes insurance plans that begin on January 1, 2021. 5. Clarifies that the cap on the copay applies to covered individuals who are in compliance with the coordination of benefits policies under the State employee insurance plans. 6. Corrects a typographical error. 
HA 2 to HB 263StrickenBentzThis Amendment requires that the Department of Insurance investigate pricing of prescription insulin drugs to evaluate if the requirements under this Act are adequate to ensure appropriate cost-sharing for consumer access to prescribed insulin drugs and make recommendations for changes to the law, if necessary. 
HA 1 to HB 287PWBSeigfriedThis Amendment, which addresses a concern that arose after the Interagency Pharmaceuticals Purchasing Study Group completed its work, provides the Department of Health and Social Services with more flexibility in implementing this Act. 
HA 1 to HB 236PWBSmykThis amendment requires constables to have the same training required of school resource officers who assist with or independently intervene with students with disabilities, which includes students certified as eligible for disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794] and The Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq.]. 
SB 211CommitteeMcBrideThe National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day. Senate Bill No. 87 was not drafted as an amendment to the Delaware Code and so was not included in the Delaware Code. This Act codifies Senate Bill No. 87 into § 408 of Title 29 to conform § 408 with existing Delaware and federal law in recognition of this State's commitment to our Veterans. 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 DISPLAY OF THE POW/MIA FLAG.
SA 1 to SB 209PWBEnnisThis Amendment clarifies that this Bill requires a 2/3 vote. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 87 w/ HA 2, HA 3, HA 1SignedBennettThis Act enables Kent County to establish regulations regarding property maintenance and penalties for violations of said regulations.AN ACT TO AMEND TITLE 9 PART III OF THE DELAWARE CODE RELATED TO PROPERTY MAINTENANCE.
HB 212 w/ HA 1 + SA 1 + HA 5, HA 1 to HA 5 + SA 2, SA 3SignedCookeThis bill defines “industrial landfill” in conformity with the Department of Natural Resources and Environmental Control’s Regulations Governing Solid Waste. This bill also establishes a height restriction, or vertical limit, for an industrial landfill at 130 feet above the mean sea level of the area.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL.
SB 169 w/ SA 1SignedHansenThis Act adopts the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. This Act addresses an increasingly common form of abuse that can cause severe and often irreversible harm: the disclosure of private, sexually explicit images without consent. Much of the abuse is carried out electronically through internet websites, social media, email, or text messages, making it an interstate problem that is particularly suited for treatment by uniform state laws. This Act provides a uniform, comprehensive, clear, fair, and constitutionally sound definition of this harmful conduct and remedies for the harm it causes. Some intimate images disclosed without consent were originally created with consent or obtained within a confidential relationship. In other cases, the images were originally created or obtained without consent through surreptitious recording devices or other forms of voyeurism, or through theft, computer hacking, coercion, bribery, fraud, or force. Like many existing privacy laws, this Act applies only to sensitive content created or obtained under circumstances in which the individual had a reasonable expectation of privacy. Also similar to existing privacy laws, the Act includes limited exceptions for certain disclosures, including those made in the course of law enforcement, legal proceedings or education, medical treatment, or investigations of misconduct. This Act also includes an exception for disclosures relating to matters of public concern or public interest and disclosures reasonably intended to assist the victim. The Act further notes federal statutory limitations on the liability of providers and users of interactive computer services. The Act is narrowly drafted to avoid imposing liability on a discloser who lacks the requisite awareness of any of these elements: (1) that the image was created or obtained under circumstances in which the individual had a reasonable expectation of privacy or that the image was obtained through theft, bribery, false pretenses, voyeurism, or other wrongful acts, (2) that the individual shown in the image did not consent to the disclosure, or (3) that the individual shown was identifiable.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE DELAWARE UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT.
SB 182 w/ SA 1CommitteeDelcolloThis Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Requires the Secretary to submit the order to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (2) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (3) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (4) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS.
HB 280SignedSchwartzkopfThis bill creates a special license plate for World War II veterans. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SA 1 to SB 169PassedHansenThis Amendment clarifies that interactive computer services are not liable under this Act for content provided by another person. 
HCR 72PassedBaumbachThis Resolution recognizes the State Officer Leadership Team participating in the 2019-2020 Delaware State Leadership competition and commends the Delaware Association of Business Professionals of America.RECOGNIZING THE STUDENT OFFICER LEADERSHIP TEAM AND STATE ADVISORS FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2019-2020 SESSION OF THE DELAWARE ASSOCIATION OF BUSINESS PROFESSIONALS OF AMERICA STATE LEADERSHIP CONFERENCE.
HCR 76PassedK. WilliamsThis Concurrent Resolution designates the week of February 24 - 28, 2020, as “PUBLIC SCHOOLS WEEK” and calls upon Delawareans to support public schools.DESIGNATING THE WEEK OF FEBRUARY 24 - 28, 2020 AS “PUBLIC SCHOOLS WEEK”.
SA 1 to SB 182PassedDelcolloThis Amendment does the following: 1. Requires a municipality exercising its authority under § 134(e) of Title 17 of the Delaware Code (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limitations as to the weight of trucks or other commercial vehicles on designated highways) to submit an order to the Registrar of Regulations for publication in the Register of Regulations. 2. Requires the Department of Transportation to post a municipality's order with similar orders on the Department's website. 
SA 2 to HB 212PassedMcBrideFirst, this Amendment strikes House Amendments 1 and 5 and House Amendment 1 to House Amendment 5. This Amendment also strikes Senate Amendment 1. Additionally, this Amendment clarifies that the definition of industrial landfill does not include a sanitary landfill or a disposal of hazardous waste. Moreover, this Amendment makes restrictions for any industrial landfill that has not been approved by the Department to accept waste as of the effective date of the Act. Those restrictions include that the county, municipality, or other governmental entity having jurisdiction must be satisfied that all of the following have been established: (1) The property on which the industrial landfill is or would be located is within an area which is zoned for heavy industrial activity. (2) The property is subject to such process rules, regulations or ordinances as the county, municipality, or governmental entity requires by law. (3) Necessary conditions may be applied in order to ensure the health, safety, and welfare of citizens within the jurisdiction. (4) The industrial landfill is at least ¼ mile from any residence, school, park, hospital, residential community, and federally designated wetlands. Finally, this Amendment provides that no permit or modification to a permit may be granted for an industrial landfill that authorizes a maximum height of more than 140 feet. This height restriction applies to any industrial landfill that has not been approved by the Department to accept waste as of the effective date of the Act.  

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Elections, Govt. & Community Affairs
Veterans Affairs

House Committee Assignments

Health & Human Development
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Corrections & Public Safety
Environmental & Natural Resources
Health & Social Services

House Committee Report

Health & Human Development
Public Safety & Homeland Security
Revenue & Finance
Veterans Affairs

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

Amalfitano, Kathleen K.ConfirmedJudge of Court of Common PleasNew
Blount, Danielle S.ConfirmedCommissioner of Family CourtReappointment
Schneikert, Harold W. ConfirmedState Board of ElectionsNew
Southmayd, Andrew K.ConfirmedCommissioner of Family CourtReappointment
Whitney, Kenneth C.ConfirmedTrustee of the University of Delaware Board of TrusteesReappointment