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Delaware Legislation


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150th General Assembly - First Session


House Bills

Number:
HB 1

An Act proposing an amendment to Article 1 of the Delaware Constitution relating to Equal Rights.  This is the final leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex.  This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality. Section 1 makes clear the General Assembly's intent in proposing this Amendment to the Delaware Constitution.

Status:

Became Law 1/16/2019

DEHA Position:No Position

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Number:
HB 12

An Act to amend Article 31 of the Delaware Code relating to The Provider Advisory Board. This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 19

An Act to amend Article 14 of the Delaware Code relating to School Nurses.  This Act seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive State funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a "match tax", to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.

Status:

Introduced and Assigned to Education Committee in House

DEHA Position:No Position

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Number:
HB 23

An Act to amend Article 30 of the Delaware Code relating to Personal Income Tax.  This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 24

An Act to amend Article 18 of the Delaware Code relating to Copayment or Coinsurance for prescription drugs.  This Act would prohibit insurers and pharmacy benefit managers from engaging in the practice of "clawbacks". When the total cost of a prescription drug to an insurer or pharmacy benefits manager is less than a patient's co-pay, the insurer or pharmacy benefits manager keeps the difference in a practice known as a "clawback". According to a March 2018 report issued by the University of Southern California's Schaeffer Center for Health Policy & Economics based on the Center’s analysis of 2013 data from a large commercial insurer combined with data on national average drug reimbursements, almost 25% of filled pharmacy prescriptions involved a patient co-payment that exceeded the average reimbursement paid by the insurer by more than $2.00. The report further noted that overpayments were more likely to occur on claims for generic drugs than brand drugs and that the total overpayments in the Center’s sample amounted to $135 million.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 29

An Act to amend Article 18 of the Delaware Code relating to DNA Analysis and Databank.  Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act. HA 1which makes a technical correction was placed with the bill.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 43

An Act to amend Article 24 of the Delaware Code relating to Professions and Occupations.  This bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill would allow for a policy change at the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.

Status:

Passed in House
Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
HB 44

An Act to amend Article 24 of the Delaware Code relating to Professions and Occupations.  This bill eliminates all references to physical paper copies of professional licenses for professions administrated by the Division of Professional Regulation. This bill would eliminate the need for the Division to print and mail over 80,000 paper licenses every two years thus cutting down on administrative and supply costs and eliminating unnecessary paper production and waste.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 47

An Act to amend Article 24 of the Delaware Code relating to Minimum Wage.  This bill removes the training minimum wage, which takes effect 90 days after enactment, and youth minimum wage, which takes effect January 1, 2020.

Status:

Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

DEHA Position:No Position

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Number:
HB 52

An Act to amend Article 24 of the Delaware Code relating to Unborn Children.  The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 53

An Act to amend Article 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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House Concurrent Resolutions

Number:
HCR 3

This concurrent resolution designates the week of February 10-16, 2019, as “Children of Alcoholics Week” and calls upon Delawareans to break the silence and talk to their family and friends about alcoholism.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 6

This Concurrent Resolution recognizes January, 2019 as Human Trafficking Awareness Month in Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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House Joint Resolutions

House Resolutions

Senate Bills

Number:
SB 8

An Act to amend Title 19 and Title 29 of the Delaware Code and Chapter 280, Volume 81 of the Laws of Delaware relating to Collective Bargaining for State Employees.  This Act makes compensation a mandatory subject of bargaining for any group of employees who have joined together for purposes of collective bargaining and certified a labor organization to serve as the group's exclusive collective bargaining representative. This Act also eliminates any deadline for reaching an agreement pertaining to compensation. Finally, this Act repeals a portion of Section 8 of Chapter 280 of Volume 81 of the Laws of Delaware, the Fiscal Year 2019 Budget Act, that pertains to the collective bargaining process repealed by Section 2 of this Act. 

Status:

Out of Committee in Senate

DEHA Position:No Position

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Number:
SB 15

An Act to amend Title 16 of the Delaware Code relating to the Provision of Information about Lyme Disease.  This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.

Status:

Introduced and Assigned to Health & Social Services Committee in Senate

DEHA Position:Oppose

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Number:
SB 17

An Act to amend Title 18of the Delaware Code relating to Genetics Based Discrimination.  The use of genetic information in disqualifying coverage for non-health insurance products, such as disability insurance and long term care insurance, is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. This Act also provides a notice requirement if an insurer requires a genetic test. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Introduced and Assigned to Banking, Business & Insurance Committee in Senate

DEHA Position:Support

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Number:
SB 19

An Act to amend Title 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
SB 21

An Act to amend Title 24 of the Delaware Code relating to Unborn Children.  The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Senate Concurrent Resolutions

Number:
SCR 6

Encouraging the State to apply for a State Relief and Empowerment Waiver under Section 1332 of the Patent Protection and Affordability Care Act to Create a State Reinsurance Program.  This Concurrent Resolution recognizes that all Delawareans deserve affordable health care, only 1 commercial insurer currently sells health insurance plans on Delaware's Marketplace, and that premiums for health insurance plans sold on the Marketplace could be reduced if the State creates a reinsurance program under a State Relief and Empowerment Waiver under Section 1332 of the Patient Protection and Affordable Care Act ("Section 1332 Waiver"). This Concurrent Resolution also strongly urges the Governor and Secretary of the Department of Health and Social Services to apply for a Section 1332 Waiver and that a program fund be created if the Section 1332 Waiver is granted, to provide capital to operate and administer a reinsurance program.

Status:

Passed in Senate & House

DEHA Position:Support

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Senate Joint Resolutions

Senate Resolutions

Previous Delaware General Assembly Legislation

If you would like to see additional resources added to this page, please send them to Yasmine Chinoy at yasmine@deha.org. Thank you!