Daily Report for 6/8/2023

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 71PassedWilsonThis Senate Concurrent Resolution recognizes September 2023 as "Prostate Cancer Awareness Month" in the State of Delaware.RECOGNIZING SEPTEMBER 2023 AS "PROSTATE CANCER AWARENESS" MONTH IN THE STATE OF DELAWARE.
HA 1 to HB 201StrickenSchwartzkopfThis amendment provides that probation and parole officers and certain employees of the Department of Services for Children, Youth and Their Families may carry a firearm within a Safe School and Recreation Zone while acting within their official capacity. This amendment also clarifies the definition of “Safe School and Recreation Zone”. Finally, this amendment provides that a student who possesses a firearm in a Safe School and Recreation Zone shall be expelled for a period of not less than 180 days, but the local school board or charter school board of directors, may on a case-by-case basis, modify the terms of the explusion to less than 180 days. 
HB 214CommitteeLynnThis Act increases the number of statewide Family Court Commissioners from 5 to 7 with at least 2 of the Commissioners being assigned to Kent County and 2 of the Commissioners being assigned to Sussex County. This Act also requires all newly appointed Commissioners and reappointed Commissioners, upon application for nomination by the Governor, to reside in the county where they seek to be appointed. This Act will take effect on July 1,2024.AN ACT TO AMEND TITLE 10 RELATING TO FAMILY COURT COMMISSIONERS.
HB 213CommitteeLynnThis Act is the first leg of a constitutional amendment that provides for the Family Court to consist of 19 Judges including the Chief Judge, 10 who must be residents of New Castle County, 4 who must be residents of Kent County and 4 who must be residents of Sussex County at the time they apply for nomination by the Governor. This Act would increase the current Family Court bench by 2 Judges, 1 additional Judge from Kent County and 1 additional Judge from Sussex County. This Act requires a greater than majority for passage because §1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Since this is the first leg of a constitutional amendment the next General Assembly must pass an act concurring with this Act for it to become a part of the Delaware Constitution. AN ACT PROPOSING AN AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITITION RELATING TO THE FAMILY COURT.
HR 14PassedCarsonThis Resolution honors the Delaware Department of Transportation for winning first place and fourth place in the ten-wheel truck competition and second and eleventh place in the six-wheel truck competition at the 2022 APWA National Snow Roadeo, which was held from September 28 to September 30, 2022 in Loveland, Colorado.HONORING THE DELAWARE DEPARTMENT OF TRANSPORTATION MAINTENANCE AND OPERATIONS TEAMS THAT COMPETED IN THE 2022 AMERICAN PUBLIC WORKS ASSOCIATION NATIONAL SNOW ROADEO IN LOVELAND, COLORADO.
HB 216CommitteeLynnThis Act requires police officers to enter private property to enforce custody orders when a court order requires them to do so.AN ACT TO AMEND TITLES 10, 13, 16 AND 29 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF FAMILY COURT CUSTODY ORDERS.
HB 217CommitteeLynnThis Act requires that parents and other persons under investigation for child abuse and neglect be given written and oral notice of the allegations made against them; the right to consult counsel prior to speaking with a DSCYF investigator; the right to refuse entry to the DSCYF investigator; the right to withhold consent to medical examinations of the children; the right to refuse to submit to a drug test; and the right to consult legal counsel prior to signing a safety plan.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CHILD ABUSE AND NEGLECT INVESTIGATIONS.
SB 10CommitteeTownsendThis legislation is the Delaware Pre-Authorization Reform Act of 2023. Section 1 of the Act applies to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 1 provides that changes in coverage terms for a health-care service or in the clinical criteria used to conduct pre-authorization reviews for a health-care service will not apply until the next plan year, for any covered person who received pre-authorization for the service prior to the change. It also requires the Delaware Department of Insurance to publish on its website information concerning the aggregate number of pre-authorization approvals, denials, and appeals for each insurer, health-benefit plan, or health-care service corporation using pre-authorization review. In addition, Section 1 sets qualifications for who may make determinations with regard to requests for pre-authorization of health-care services and appeals of adverse determinations; a timeline and required contents for the notification of an outcome of appeal of an adverse determination or a notification that additional information is necessary to make the determination of appeal; and requirements for any utilization review entity used to perform pre-authorization review by an insurer, health-benefit plan, or health-service corporation. Section 1 also shortens the timelines for the determination of pre-authorization requests and notification to the health-care provider of the determination. For requests for pre-authorization of non-urgent health-care services not submitted electronically, the utilization review entity must notify the health-care provider within 4 days of receipt of the request; for requests submitted electronically, notification must be given within 72 hours of receipt. For requests for pre-authorization for urgent health-care services, notification must be given within 24 hours of receipt. By January 1, 2024, insurers, health-benefit plans, health-service corporations, and utilization review entities must accept and respond to electronic pre-authorization requests through the same platform as the electronic request was submitted. Further, an insurer, health-benefit plan, or health-service corporation may not deny or limit coverage of a service already provided on the grounds that pre-authorization was not obtained, if such services would have been covered had pre-authorization been obtained. In addition, Section 1 extends the time period that a pre-authorization is valid for from 60 days to 7 months. If a covered person changes insurers, health-benefit plans, or health-service corporations, the new insurer, health-benefit plan, or health-service corporation must comply with any existing pre-authorizations during the first 60 days of the new coverage. Finally, Section 1 provides that no more than 1 pre-authorization may be required for a single episode of care, and that if pre-authorization is granted as to a health-care services that is part of a group of services for which a bundled payment is charged, pre-authorization for the other health-care services included in the group is deemed to be approved as well. Section 2 of the Act applies to Group and Blanket Health Insurance under Chapter 35 of Title 18 and makes the same changes to pre-authorization standards and procedures that Section 1 of the Act makes to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 3 of the Act provides that the State Employee Benefits Committee established under § 9602 of the Title 29 of the Delaware Code must ensure that carriers administering plans for group health insurance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 4 of the Act provides that the Act will take effect on January 1 of the calendar year following enactment and will apply to policies, contracts, or certificates issued or renewed after that effective date. Section 5 of the Act provides that the Department of Health and Social Services must, to the extent feasible, assure that contracts awarded to carriers providing health insurance relating to Medicaid assistance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 6 of the Act provides that the Department of Insurance will promulgate a uniform pre-authorization form within 180 days of enactment. Section 7 provides that this Act is known as the "Delaware Pre-Authorization Reform Act of 2023." AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE AND PRE-AUTHORIZATION REQUIREMENTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SA 1 to SB 55PassedPooreThis amendment makes the following changes to Senate Bill No. 55: 1) It establishes the Rare Disease Advisory Council within the Office of the Lt. Governor instead of the Department of Health and Social Services. 2) It amends the provision about the hospital administrator appointee to the Council by requiring that the appointee be from an acute care hospital in Delaware. 3) It increases the size of the Council from 11 members to 14 members, by adding the following: a) a second Delaware resident, who either has a rare disease or has experience caring for a person with a rare disease, b) an administrator from a biopharma manufacturer, and c) a licensed genetic counselor. 4) It establishes that staffing support for the Council will be provided by the University of Delaware Institute for Public Administration.  
HCR 57PassedBaumbachThis Resolution recognizes the State Officer Leadership Team participating in the 2022-2023 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 2022-2023 SESSION OF THE DELAWARE ASSOCIATION OF BUSINESS PROFESSIONALS OF AMERICA STATE LEADERSHIP CONFERENCE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 129PassedGrayThis amendment deletes references to the term "successor professional engineer" and "to use or adoption of work of another engineer". These items are still under review. Also, a definition for the term "misconduct" is being added. 
SCR 66PassedBucksonThis Senate Concurrent Resolution designates October 16-22, 2023 as "Free Speech Week" in the State of Delaware.DESIGNATING OCTOBER 16-22, 2023, AS "FREE SPEECH WEEK" IN THE STATE OF DELAWARE.
SCR 67PassedHockerThis Senate Concurrent Resolution recognizes November 2023 as "Autoimmune Disease Awareness Month" in the State of Delaware.RECOGNIZING NOVEMBER 2023 AS "AUTOIMMUNE DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
HA 1 to HB 154PassedGriffithThis amendment provides that nonprofit organizations which are dedicated exclusively to preventing and addressing insurance crime are not covered by the Act. This amendment also provides that a consumer has the right to obtain a list of the categories of third parties to which the controller has disclosed the consumer’s personal data. 
HA 1 to HB 141PassedMorrisonThis Amendment makes a technical correction. 
HA 1 to HB 202PassedSpiegelmanThis amendment clarifies that areas outside of the actual polling place, such as parking areas and adjoining structures, are excluded from the definition of polling place. 
HA 3 to HB 201PassedSchwartzkopfThis amendment provides that probation and parole officers and certain employees of the Department of Services for Children, Youth and Their Families may carry a firearm within a Safe School and Recreation Zone while acting within their official capacity. This amendment also clarifies the definition of “Safe School and Recreation Zone and firearm to include BB guns. Finally, this amendment provides that a student who possesses a firearm in a Safe School and Recreation Zone shall be expelled for a period of not less than 180 days, but the local school board or charter school board of directors, may on a case-by-case basis, modify the terms of the expulsion to less than 180 days. 
HA 4 to HB 154PassedGriffithThis amendment makes changes to certain definition and makes changes to the enforcement provisions. 

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Corrections & Public Safety
Education
Elections & Government Affairs
Environment, Energy & Transportation
Executive
Health & Social Services
Housing & Land Use
Judiciary
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Agriculture
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Housing
Judiciary
Labor
Natural Resources & Energy
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)
Transportation

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

NomineeStatusCommission/BoardReappointment
Bey, KhayreeConfirmedMember, Professional Standards BoardReappointment
Cunningham, Emily W.ConfirmedMember, Professional Standards BoardNew
Fontana, Donna M.ConfirmedTrustee, University of Delaware Board of Trustees (Non-Gubernatorial)Reappointment
Marsini, Nicholas M.ConfirmedTrustee, University of Delaware Board of Trustees (Non-Gubernatorial)New
Montigney, Casey N.ConfirmedMember, Professional Standards BoardReappointment
Norris, Debra HessConfirmedTrustee, University of Delaware Board of Trustees (Non-Gubernatorial)Reappointment
Rider, Robert F.ConfirmedTrustee, University of Delaware Board of Trustees (Non-Gubernatorial)Reappointment
Sannini, Edmond J.ConfirmedTrustee, University of Delaware Board of Trustees (Non-Gubernatorial)Reappointment