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in committee · Delaware · House Jun 20, 2018

HB 323: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF FUNDS RECEIVED BY THE STATE OR A STATE AGENCY FROM SETTLEMENTS OR OTHER FINAL ORDERS OR JUDGMENTS OF A COURT.

This Act reaffirms the Constitutional requirement that the General Assembly appropriate money belonging to the General Fund by making clear that funds received by the State or a State agency from settlements or other final orders or judgments, other than those funds awarded specifically to a party or consumer or as attorneys' fees, or explicitly directed otherwise by law, are to be deposited to the General Fund and may not be transferred or expended until the funds are appropriated by the General Assembly.
Jack Walsh (D) John A. Kowalko (D) Gregory F. Lavelle (R) · 9 co-sponsors
in committee · Delaware · House Jun 20, 2018

HB 473: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEDICAL MARIJUANA ACT.

This act makes various edits to the existing Medical Marijuana Act, including, but not limited to: • Adding requirements for registration of a compassion center, including information about any labor peace agreement with a bona fide labor organization assuring an uninterrupted supply of medicine, and to disclose any record of previous violations, investigations, citations, administrative proceedings, or lawsuits related to any laws or regulations relating to employment, workplace safety, wages and compensation, discrimination, any other worker protections, tax, or any other relevant laws and regulation by any business owned or operated by the applicant, principal, or managerial employees. • Expands the authority of the Department to include evaluation of compassion center registration certificate renewals. • Expands considerations by the Department for an applicant of a compassion center to include the centers plan to maintain pesticide free medical marijuana, the center's employment standards, and evidence that they have no history of disciplinary action and/or investigations. • Includes in the criteria for compassion center and safety compliance facilities renewals to submit any history of disciplinary action and/or investigations. • Removes the requirement for volunteers of compassion center, or registered safety compliance facilities to undergo background checks every 5 years. • Requires a compassion center or a registered safety compliance facility to report any legal proceedings, judgments, or government investigations against them, or its owners, principals or managerial employees and to provide sufficient compensation to support the worker’s family, health and welfare, and cost of living.
Gerald L. Brady (D)
in committee · Delaware · House Jun 20, 2018

HB 452: AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON.

In light of the Delaware Supreme Court’s decisions in Schadt v. Latchford and Lemos v. Willis, this Act amends the City of Wilmington’s Home Rule Charter to authorize Wilmington City Council to determine the following: (1) Whether and to what extent the duty to design, construct, repair, and maintain City alleys, footways, and sidewalks may be delegated to responsible parties. (2) Whether and to what extent responsible parties have the duty to remove and dispose of snow or ice from city sidewalks.
in committee · Delaware · House Jun 19, 2018

HB 468: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO WRONGFUL USE OF VOTER REGISTRATION INFORMATION.

This Act creates the crime of wrongful use of voter registration information. Delaware has no specific statute that addresses such a situation. Currently when there is a request for voter registration, the Department of Elections requires the applicant to sign a form with a sworn statement that the applicant will not use it for commercial solicitation or any other purpose not related to the electoral process. The applicant may be charged with perjury if they violate their affirmation. Nearby states Maryland, New Jersey, and Pennsylvania have stronger restrictions. This act would allow a fine that would be equal to 100% of funds received from any use of the information or $1,000, whichever is greater, and makes it a class A misdemeanor.
Dave Wilson (R) Ron Gray (R) Brian Pettyjohn (R) Margaret Rose Henry (D) Ruth Briggs King (R) · 2 co-sponsors
in committee · Delaware · House Jun 19, 2018

HB 471: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES.

This Bill amends the Administrative Procedures Act extending and shortening certain time periods for parties to act and limits emergency regulations to situations affecting public health or safety. If an agency is found to have unlawfully adopted regulations, the agency shall be responsible for the complainant's reasonable fees and costs incurred in bringing such action. This Bill also specifies speaker-time allocation and what the agency is to do if more time is needed for parties to speak at public hearings. The purpose of the Bill is to simplify and expedite legal processes to review, stay, and adjudicate regulatory actions.
in committee · Delaware · House Jun 14, 2018

HB 463: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT FOR AND PROVISION OF PRESCRIPTION DRUGS OR PHARMACY SERVICES.

This Act authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an “insured” if the amount reimbursed by an entity subject to the Act is less than the pharmacy acquisition cost. This Act also prohibits a pharmacy benefits manager from reimbursing a pharmacist or pharmacy for a prescription drug or pharmacy service in an amount less than the pharmacy benefits manager reimburses itself or an affiliate for the same prescription drug or pharmacy service.
Bryon H. Short (D)
in committee · Delaware · House Jun 13, 2018

HB 460: AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII, § 6 OF THE DELAWARE CONSTITUTION RELATING TO LIMITATIONS ON APPROPRIATIONS.

This Act is the first leg of a Constitutional Amendment reflecting the recommendations of the Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) on Potential Fiscal Controls and Budget Smoothing Mechanisms established as per House Joint Resolution 8 of the 149th General Assembly (Panel). This Act would build upon the State’s existing appropriation limit methodology by moving the Budget Reserve Account into a newly defined Budget Stabilization Fund, defining rules for deposits to and withdrawals from said Budget Stabilization Fund, and adding a check of the appropriation limit against an index comprised of relevant indicators of growth of the State’s economy. The Panel further recommended that any final adoption of the structural budget reforms included in this Act be accompanied by statutory enactment of structural reforms to the Personal Income Tax by broadening the tax base as initially recommended by the DEFAC Advisory Council of Revenues report dated May 2015 and further detailed in the Panel’s report dated June 1, 2018.
Pete Schwartzkopf (D) John J. Viola (D) Quinton Johnson (D) Dave Sokola (D) Anthony Delcollo (R) · 22 co-sponsors
in committee · Delaware · House Jun 13, 2018

HB 458: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PRESCRIPTION MONITORING PROGRAM.

This Act removes language from the state’s Prescription Drug Monitoring Program statute that unreasonably prevents law enforcement officials from accessing the PMP database when officials can show that the information on the database is relevant to an investigation or prosecution. This Act leaves intact the statutory right and responsibility of the Office of Controlled Substances to maintain the privacy of patients and patient information except under circumstances enumerated in the Delaware Code.
David Bentz (D) Bryan Townsend (D) John L. Mitchell (D) · 7 co-sponsors
in committee · Delaware · House Jun 13, 2018

HB 447: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO POLICE OFFICERS’ AND FIREFIGHTERS’ EMPLOYMENT RELATIONS ACT.

This bill moves all police officers and firefighters employed by the State and its political subdivisions under the jurisdiction of the Police Officers’ and Firefighters’ Employment Relations Act. This bill allows all State merit employees to have full collective bargaining rights and protections under the jurisdiction of the Public Employment Relation Board. The purpose of this bill is to unify all police and firefighters employed by the State under the single statute which was created specifically for law enforcement personnel.
Bruce C. Ennis (D) John L. Mitchell (D) · 5 co-sponsors
signed · Delaware · House Jun 12, 2018

HB 328: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS.

This Act makes it a crime to fly an unmanned aircraft system to do any of the following: (1) Harass another person on private property. (2) Invade the privacy of another person on private property. (3) Violate or fail to obey a domestic violence protective order. A violation of a crime created by this Act is punished consistent with the existing penalties under § 1334 of Title 11, which are as follows: (1) An unclassified misdemeanor for a first offense. (2) A class B misdemeanor for a second or subsequent offense. (3) A class A misdemeanor if physical injury to a person or damage to property occurs as a result of a violation.
Ed Osienski (D) Jack Walsh (D) Mike Ramone (R) John L. Mitchell (D) · 1 co-sponsor
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