Daily Report for 1/30/2020

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 300CommitteeSchwartzkopfThis Bill is the Fiscal Year 2021 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, 2021; 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.
HA 2 to HB 175PWBBradyThis amendment clarifies that mail ballots must be dropped off by noon at polling places on Election Day. This amendment also requires Department of Elections to notify polling places of all ballots returned by mail for each respective polling place. 
HA 1 to SB 79PWBSpiegelmanThis Amendment clarifies that a person's status as a registered qualifying patient under §4903A of Title 16 does not change or affect that person’s status as a person prohibited under §1448 of Title 11 if that person has been designated as a person prohibited.  
HCR 78Passed HouseBoldenThis resolution designates January 2020 as "Human Relations Awareness Month" in Delaware.DESIGNATING THE MONTH OF JANUARY 2020 AS "HUMAN RELATIONS AWARENESS MONTH" IN THE STATE OF DELAWARE.
SR 13PassedDelcolloThis Senate Resolution designates March 5, 2020 as "Delaware Giving Day."RECOGNIZING MARCH 5, 2020 AS “DELAWARE GIVING DAY” IN DELAWARE.
HA 1 to HB 277PWBLonghurstThis Amendment changes the definition of "covert firearm" by removing language that would have impacted people who legally possess concealed weapons permits. This Amendment clarifies what is considered a "major component of a firearm". This Amendment makes necessary and very limited exceptions to the requirement that certain guns have serial numbers. Those exceptions are for firearms manufactured before 1968, Muzzle loaders that only use black powder, and antique replicas. This Amendment provides a phase in period allowing persons who already have weapons without serial numbers, 90 days from the enactment date to affix one. Finally, this Amendment mandates that any individual who receives a weapon with no serial number on it must place the serial number on it within 30 days of receipt,.  
HB 289CommitteeK. WilliamsThis bill clarifies when an employer may pay a training wage in lieu of the minimum wage. A training wage is only during the first 90 days after the employee is initially hired by the employer. This bill defines that as the first time an employee is trained for the duties of a position or a substantially similar position.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE CLARIFYING THAT A TRAINING WAGE IS ONLY DURING THE FIRST 90 DAYS AFTER INITIAL EMPLOYMENT.
HB 291CommitteeOsienskiThis bill creates a financial incentive for employers to train and retain apprentices in apprenticeship programs. The purpose of this financial incentive is to encourage employers to create employment opportunities in Delaware and to train Delaware’s workforce to qualify for those employment opportunities.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO STATE APPRENTICESHIP PROGRAMS.
HB 292CommitteeSmykThis amendment repeals Title 16 § 7204 in its entirety. This particular section prescribes a practice that is typically unused and handled through a traditional warrant process by charging a previous section of this chapter brought by a law enforcement officer. Additionally, the act of recovering a container possessed by someone other than the owner is more appropriately handled through the civil replevin process.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ARREST FOR VIOLATION - LIQUIFIED PETROLEUM GAS CONTAINER.
HB 293CommitteeSmykThis bill requires a landlord to provide 15 days’ notice to a single room tenant prior to the termination of a rental agreement for any reason other than a material violation. This notice provision ensures that the tenant has time to find suitable housing prior to the termination of their current lease, while still permitting a landlord to quickly remove a tenant renting a single room within a house.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RULES AND REGULATIONS RELATING TO CERTAIN BUILDINGS SINGLE ROOM LEASE.
HB 294CommitteeSmykMost commonly, persons accused of subsection (a) of this section – panhandling – are homeless. Transferring such matters to the Court of Common Pleas allows persons so accused increased access to social services not available to them at the Justice of the Peace Court. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PEDESTRIAN SOLICITATION.
HB 295CommitteeSmykThis bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT VIOLATIONS.
HB 296CommitteeSmykThis bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S REMEDIES RELATING TO THE RENTAL UNIT.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 118 w/ HA 1, HA 2, HA 3SignedBriggs KingThis Act enables Sussex County to establish ordinances, rules, and regulations regarding property maintenance and penalties for violations of said ordinances, rules, and regulations.AN ACT TO AMEND TITLE 9 PART IV OF THE DELAWARE CODE RELATING TO PROPERTY MAINTENANCE.
HB 275PassedSchwartzkopfThis bill permits the owner of a beer garden or food establishment to permit leashed dogs on licensed outdoor patios of food establishments and in beer gardens.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DEPARMENT OF HEALTH AND SOCIAL SERVICES.
HCR 73PassedBaumbachThis House Concurrent Resolution recognizes February 29, 2020, as "Rare Disease Day" in Delaware.DESIGNATING FEBRUARY 29, 2020, AS "RARE DISEASE DAY" IN THE STATE OF DELAWARE.
HB 290SignedHeffernanThis Act amends the Fiscal Year 2020 Bond and Capital Improvements Act to (1) reauthorize Appoquinimink School District project local shares; (2) redistribute Community Reinvestment Funds from the African American Heritage Institute to the Peoples Settlement Association and the Redding House Foundation; (3) redistribute Municipal Infrastructure Funds to the Ocean View Historical Society and amend the project description for the Town of Laurel; (4) reprogram Department of Correction funding from the Central Violation of Probation Conversion from Level IV to Level V Design and Construction to the JTVCC Perimeter Fence, Motor Pool Building Conversion to a Level V Vocational Skills Training Center, and Maintenance and Restoration; (5) revise the amount used for a feasibility study at Delaware State University and add authorization for renovations of a community building; (6) authorize the Department of Correction to use Maintenance and Restoration funding for drug treatment space, a design and location study for Plummer Community Correction Center, and a conversion of the Central Violation of Probation center; (7) authorize the use of City of Wilmington Education Initiatives funding for recreational equipment at Kirkwood Park for use by Stubbs Elementary School; (8) authorize the State via the Complete Count Commission to enter into a contractual agreement with a non-profit for census activities in Kent and Sussex counties; (9) transfer a Delaware National Guard vehicle storage facility to the City of Harrington; (10) authorize for a transfer of property from the Delaware National Guard to the Department of Natural Resources and Environmental Control; (11) authorize a transfer of property from the Office of Management and Budget to the United States Government; (12) authorize additional reimbursements from the Community Transportation Fund; (13) authorizes the Department of Transportation to enter into contractual agreements with the Riverfront Development Corporation; (14) authorize the Department of Transportation to enter into agreements with the City of Wilmington and the Riverfront Development Corporation related to the redevelopment of South Market Street; (15) authorize the Brandywine School District to use minor capital improvement funds for site planning activities of the Charles W. Bush Early Education Center; (16) authorize the transfer of funds from the Office of Management and Budget to the Town of Laurel; and (17) allocate funding from the Delaware State Housing Authority to the Ministry of Caring. AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2020.
HB 273SignedViolaThis Act makes changes to the State’s budget and fiscal procedures. Specifically: Sections 1 and 7 of this Act update the deadlines for the submission of General Fund revenue forecasts to more effectively account for the timing of revenue payments. Section 2 of this Act updates notice requirements regarding bond sales to allow for notice using the Department of Finance website. Section 3 of this Act limits the availability of bond refunding premiums to an escrow account for debt service savings. Sections 4 and 6 of this Act eliminate the requirement that the Secretary of Finance be bonded, because the state’s self-insurance plan, § 6543 of Title 18 of the Delaware Code, provides coverage that eliminates the need for a bond and lifts this requirement. Section 5 of this Act simplifies the administrative responsibilities of the State, Counties, and the City of Wilmington related to private activity bond cap by requiring the Counties and City of Wilmington to request the amount of their guaranteed private activity bond cap as needed, eliminating the need to reassign unused portions back to the State each year. Section 8 of this Act extends the Division of Revenue’s authority to enter into agreements to share information with additional agencies and county governments on whose behalf the Division receives and processes tax returns and payments. Section 9 of this Act repeals an antiquated and now unnecessary penalty predating the current criminal code. Section 10 of this Act makes a technical correction to the exceptions to business license revocation following the issuance of a notice of intent. Section 11 of this Act ensures that all tobacco product tax deferred payment plans for the month of June are settled by June 25th. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND THE DELAWARE CODE RELATING TO BUDGET AND FISCAL PROCEDURES.
SB 207CommitteeHansenThis Act prohibits the import, export, sale, transport, distribution, or propagation of any plant identified by the Secretary of the Department of Agriculture, with the advice of the Delaware Native Species Commission, as an invasive plant. This Act also requires that plants identified as potentially invasive be sold with a tag that identifies the plant as potentially invasive. A violation of this Act may result in a civil penalty of $50 to $500, but only after the person has had the opportunity for an administrative hearing and the opportunity to come into compliance with this Act. This Act takes effect July 1, 2022. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO INVASIVE PLANTS.
HCR 77PassedMitchellThis Act creates the Gun Violence Prevention Task Force to study and make findings and recommendations regarding whether Delaware should become the point of contact to conduct background checks for firearms transfers.ESTABLISHING THE GUN VIOLENCE PREVENTION TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING WHETHER DELAWARE SHOULD BECOME THE POINT OF CONTACT TO CONDUCT BACKGROUND CHECKS FOR FIREARMS TRANSFERS.
SA 3 to HB 212PassedMcBrideThis Amendment restores the intent of the Bill and Senate Amendment No. 2, which is to impose a height restriction of 140 feet for existing industrial landfills. The buffer requirements in Senate Amendment No. 2 will apply to industrial landfills not approved to accept waste as of the effective date of the Bill. 
HCR 80PassedDorsey WalkerThis House Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.HONORING THE LEADERSHIP AND ACHIEVEMENTS OF AFRICAN AMERICANS AND URGING THE CELEBRATION OF BLACK HISTORY MONTH.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 96PassedMcDowellIn January of 2015, the Office of Civil Rights & Public Trust was created by the Attorney General to establish a centralized office within the Department of Justice for the investigation of matters concerning civil rights enforcement and the prosecution of matters concerning violations of the public trust. This office must remain an independent entity within the Department of Justice to avoid conflicts with other Department of Justice duties and thus effectively enforce laws protecting the public trust and civil rights. Thus, this Act creates the Division of Civil Rights and Public Trust within the Department of Justice which will be separate from the other Divisions within the Department of Justice and have a Director who reports directly to the Chief Deputy Attorney General, to avoid conflicts of interest with the work of the other Divisions. This Act also clarifies the current scope of the Department of Justice’s ability to investigate and bring civil rights actions to protect the civil rights of all Delawareans.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE DEPARTMENT OF JUSTICE.
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 177SignedMcBrideThis amendment brings into conformity the provisions of Title 21 with those of Title 14 relating to the revocation of a student’s driving privileges when he or she is expelled from a public school. Prior amendments to Title 14, Section 4130 and Title 21, Section 2707 removed the requirement that the Secretary of the Department of Motor Vehicles revoke a student’s driving privileges upon notice from the superintendent of a public school that the student had been expelled. This amendment accomplishes the intent of those prior amendments by removing surplus language in the parallel section of Title 21. AN ACT TO AMEND TITLE 21 RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR SCHOOL EXPULSION.
SB 195 w/ SA 1SignedWilsonThis Act revises the Charter of Greenwood as follows: Section 1. Revises the procedures used by the Town to annex property. Section 2. Authorizes the Town to cancel Town Council meetings and authorizes the use of electronic communication methods to notify council members of special meetings. Section 3. Clarifies that a majority vote is needed for the Town Council to take action. Quorum is calculated based on a majority of all the sitting council members, exclusive of any vacant council seats. Section 4. Clarifies that the Town documents its proceedings via meeting minutes. Section 5. Sets $50,000 as the maximum contract amount that the Town can enter into without public bidding and clarifies the Town’s procedures for evaluating bids and awarding contracts. Section 6. Specifies that the Mayor may vote on all matters, not just when there is a tie vote, revises the Mayor’s duties, and establishes procedures for appointing individuals to committees. Section 7. Updates the duties of the Town Council Secretary. Section 8. Revises the terms of employment for the Town Manager and other employees. This section clarifies that town employees, except for the town manager and police department employees, are at will employees that are hired for an indefinite employment term. This section also eliminates duties of the Town Manager that are obsolete and clarifies that the Town Manager does not have to serve as the Town Treasurer. Section 9. Eliminates the need of the town solicitor to have an office in Sussex County. Section 10. Revises the terms of employment for the Chief of Police, including the possibility of the Chief of Police having an employment contact. Section 11. Updates the Town’s debt collection procedures to clarify the outstanding charges that can be added to tax bills and collected. This section also limits the maximum interest rate on delinquent amounts to 1.5% per month. Section 12. Eliminates duplicate language and requires the Town Council to adopt a resolution approving the final assessment list, including all additions to tax bills. This section also clarifies that the annual tax list includes additions to tax bills incorporated into the annual assessment list. Section 13. Authorizes the amount of outstanding debts to remain a lien against a property beyond the 10 year time limit if the property is still owned by the same owner against whom the charges were originally assessed. The section enlarges the time for paying taxes to 60 days and reduces the penalty for unpaid taxes to 1.5% per month. This section also clarifies the collection costs that can be recovered by the Town and eliminates obsolete collection procedures. Section 14. Eliminates the Town’s ability to regulate activities on the Sabbath Day and clarifies the Town’s ability to establish fines and penalties for outstanding water and sewer accounts. Section 15. Repeals existing procedures for opening and closing streets and enacts simpler procedures for the Town to follow. Section 16. Clarifies the Town’s ability to install new sidewalks. Section 17. Adds additional purposes for which the Town may borrow money and requires public hearing details to be included in a resolution proposing to borrow the money. This section also provides more detail on the procedures to follow when holding a special election to vote on the town borrowing money and creates procedures and authority for the Town to borrow up to $100,000 without going through the public hearing process. It also authorizes the Town to publish a notice of the borrowing that gives members of the public 60 days to challenge the borrowing. 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 GREENWOOD.
SB 196SignedWilsonThis Act authorizes the Town of Slaughter Beach to acquire real and personal property located inside and outside the boundaries of the Town of Slaughter Beach.AN ACT TO AMEND THE CHARTER OF THE TOWN OF SLAUGHTER BEACH.
SB 200 w/ SA 1SignedTownsendThis Act supports the ongoing work of the Primary Care Reform Collaborative to achieve better health for Delawareans at a lower cost by facilitating the sharing of de-identified health expenditure information and fostering transparency that is critical to the effective delivery of primary care in Delaware. Specifically, this Act requires the Delaware Health Information Network (DHIN) to provide access to the Delaware Health Care Claims Database to 2 additional state agencies, the Department of Insurance and Delaware Health Care Commission. In adding these state agencies to the existing list, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK.
HB 269CommitteeGrayUnder the current language of Section 2.301, it is unclear what constitutes a "term" when computing term limits and determining a potential candidate's eligibility when they have previously filled a vacancy on the Council. By adding the proposed language, there will be a clear standard for determining whether a potential candidate has exceeded the two-term limit imposed by the Charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF OCEAN VIEW RELATING TO COUNCIL TERMS OF OFFICE.
HB 263 w/ HA 1CommitteeBentzThis Act requires that individual, group, and State employee insurance plans cap the amount an individual must pay for insulin prescriptions at $100 a month and must include at least 1 formulation of insulin on the lowest tier of the drug formulary developed and maintained by the carrier.AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO COST SHARING IN PRESCRIPTION INSULIN DRUGS.
HB 285CommitteeLonghurstThis bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.
SCR 67PassedHansenThe Division of Developmental Disabilities Services Task Force was established under Senate Concurrent Resolution No. 62 of the 150th General Assembly. The Task Force has met regularly since August 2019, but needs additional time to complete its work. This Concurrent Resolution extends the due date of the Task Force's final report to July 31, 2020.EXTENDING THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES TASK FORCE.
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. 

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Appropriations
Capital Infrastructure
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Housing & Community Affairs
Judiciary
Labor
Public Safety & Homeland Security
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