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Daily Report for 5/9/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

Bill	Current Status	Sponsor	Synopsis	Title
HCR 100	Passed	Harris	This House Concurrent Resolution recognizes May 10th as “Major George S. Welch Day” in the State of Delaware.	RECOGNIZING MAY 10TH AS “MAJOR GEORGE S. WELCH DAY”.
HR 27	Passed House	Bush	This House Resolution recognizes Sunday, May 12, 2024, as a very special day for all mothers in the State of Delaware and calls on all Delawareans to reflect on the many selfless acts of their own mothers.	RESPECTING AND HONORING ALL DELAWARE MOTHERS ON MAY 12, 2024, MOTHER'S DAY.
SA 1 to SS 2 for SB 4	PWB	Pinkney	This Amendment does all of the following: (1) Replaces “serious physical injury” with “physical injury” throughout the Act. (2) Continues the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system. (3) Removes vague language regarding “other dangerous drugs” in favor of “controlled substances”, a term with a meaning in Titles 11 and 16. (4) Permits a court, Board of Parole, or probation and parole office to require an individual on probation to submit to a one-time, baseline alcohol or drug test. (5) Makes clear that revocation of probation for technical violations of probation is not permitted, except for those technical violations under § 4334(h)(1) of Title 11. (6) Corrects a drafting error to revert § 4334(d)(1) of Title 11 to as a drafted in Senate Substitute No. 1 for Senate Bill No. 4. (7) Makes clear that a court may impose a sentence of incarceration for a technical violation if the technical violation is for the use or possession of alcohol or controlled substances, unless prescribed lawfully, in violation of a condition to abstain from the use or possession of alcohol or controlled substances that was imposed due to the criminogenic needs of the individual on probation. This is consistent with the court’s ability under § 4332(a)(3) of Title 11 to impose such a condition only if it is reasonably related to the criminogenic needs of the individual on probation. (8) Makes clear that an individual on probation may leave the individual on probation’s residence during curfew hours for time-sensitive healthcare needs of the individual on probation or a dependent of the individual on probation. (9) Removes the failure to report a problem with a home confinement equipment from the list of technical violations for which a court may impose a sentence of incarceration. (10) Add additional technical violations for which a court may impose a sentence of incarceration. Specifically, (a) wilful noncompliance with alcohol, drug, or other treatment ordered by a court and (b) wilful failure to charge an electronic monitoring system or wilful failure to comply with an electronic monitoring system. (11) Removes the requirement that if a period of incarceration is imposed, the individual on probation must be released from custody on expiration of the period of incarceration or the end of the individual on probation’s period of probation, whichever occurs first.
HA 1 to HB 354	Passed	K. Williams	This amendment changes the public school priority requirement so that it is permissive and prescriptive, mirroring the charter school requirement.
HA 1 to HB 204	Passed	K. Johnson	This amendment removes the requirement that staffing agency regulations establish maximum rates for temporary staffing agencies.
HB 388	Committee	Minor-Brown	This Act updates the Clean Indoor Air Act to include the burning of marijuana or the use of marijuana in an electronic smoking device as a prohibited activity in all the same locations where smoking a tobacco product or using an electronic smoking device is prohibited. Further, the Act updates and clarifies some of the definitions used in this chapter. Several of the defined terms are no longer used in the substantive portions of the chapter because they pertained to exceptions to the Clean Indoor Air Act that were legislatively removed. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual. Finally, the exception on smoking prohibitions for vapor establishments is repealed. The exception for tobacco businesses was removed from the Clean Indoor Air Act in 2002, and this repeal will treat the businesses more alike. In addition, the definition of vapor establishment had proved difficult for agencies to understand and implement properly. This Act is effective January 1, 2025.	AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CLEAN INDOOR AIR ACT.
SA 1 to SB 258	PWB	Mantzavinos	This Amendment directs the Division of Motor Vehicles to submit a report evaluating the performance of autonomous vehicle technology to the General Assembly and the Governor by January 1, 2029. The Amendment directs the Division of Motor Vehicles to consult with other departments and independent experts for their report.

Legislation Passed By Senate

Bill	Current Status	Sponsor	Synopsis	Title
SS 1 for SB 22	Out of Committee	Huxtable	This Act establishes the “Delaware Workforce Housing Program" (DWHP). Modeled after the Downtown Development District Program, the DWHP allows a qualified workforce housing investor to be reimbursed through a grant up to 20 percent of the capital costs associated with workforce housing units they create. To be eligible for a grant, the project must be located in Investment Levels 1 and 2 as established by the Delaware Strategies for State Policies and Spending. A grant may not be awarded for a housing unit that also uses a federal low-income or state low-income housing tax credit. This program will be administered by the Delaware State Housing Authority (DSHA) and requires the DSHA to provide an annual report on the effectiveness of the program. The Act provides the DSHA with the power to adopt regulations for the DWHP. The substitute bill differs from Senate Bill No. 22 by changing most references to the word “affordable” and replacing it with the word “workforce.” Accordingly, the substitute bill modifies “affordable housing unit” to “workforce housing unit” and modifies “qualified affordable housing investment” to “qualified workforce housing investment.” The change in terminology is to avoid confusion within the housing industry, where the word “affordable” is generally accepted to mean housing for a median income level of 80% and below. To be clear, this Act provides workforce housing for median income levels of 100% and below. References to “affordable” have been changed to “workforce” to reflect this distinction throughout the Act. The substitute further clarifies that, although DSHA may not award a DWH Grant for a housing unit that would also use a federal low-income or state low-income housing tax credit, DSHA may approve DWH Grants for workforce housing units in a multiple unit housing project so long as the DWH Grants are awarded to those specific units that do not use federal low-income or state low-income housing tax credits. The substitute allows for DSHA to use part of the allocations for the administrative costs of the DWHP.	AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ESTABLISHING THE DELAWARE WORKFORCE HOUSING PROGRAM.
HCR 127	Passed	K. Williams	This Concurrent Resolution commends the 2024 Delaware State Teacher of the Year, Cory Hafer, and all of the District Teachers of the Year.	COMMENDING CORY HAFER REPRESENTING THE APPOQUINIMINK SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S STATE TEACHER OF THE YEAR FOR 2024 AND COMMENDING EACH SCHOOL DISTRICT'S TEACHER OF THE YEAR.
HCR 128	Passed	K. Williams	This resolution recognizes the week of May 6-10, 2024, as “Teacher Appreciation Week.”	RECOGNIZING MAY 6-10, 2024, AS "TEACHER APPRECIATION WEEK" IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

Bill	Current Status	Sponsor	Synopsis	Title
HA 1 to HB 200	Passed	Longhurst	This Act provides clarification regarding services offered by school counselors and requires applicants for the mental health critical need reimbursement program to commit to working in Delaware schools for at least 3 years following receipt of license or certification.
HA 1 to HS 1 for HB 316	Passed	Romer	This amendment adds an information service or telecommunications service, as defined in 47 U.S.C. § 153, to the type of entity that is exempt from liability for content provided by another person.
SCR 155	Passed	Poore	This Senate Concurrent Resolution recognizes May 9, 2024, as Delaware Local Government Day in the State of Delaware.	RECOGNIZING MAY 9, 2024, AS DELAWARE LOCAL GOVERNMENT DAY IN THE STATE OF DELAWARE.
SCR 154	Passed	Huxtable	This resolution recognizes May 11, 2024, as "National Train Day".	RECOGNIZING MAY 11, 2024, AS "NATIONAL TRAIN DAY” IN THE STATE OF DELAWARE.
SCR 157	Passed	Poore	This resolution designates May 5-11, 2024, as “Tardive Dyskinesia Awareness Week” and encourages anyone experiencing uncontrollable, abnormal, and repetitive movements to consult their healthcare provider regarding their symptoms.	DESIGNATING MAY 5 – 11, 2024, AS “TARDIVE DYSKINESIA AWARENESS WEEK” IN DELAWARE.
HA 2 to HS 1 for HB 316	Passed	Romer	This amendment changes a repeat conviction under this statute from a class E felony to a class A misdemeanor.
HA 1 to HB 358	Passed	Osienski	This amendment changes the enactment clause to note a 3/5 vote requirement because of the enumeration in statute of additional fees.

Senate Committee Assignments

House Committee Assignments

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

Nominee	Status	Commission/Board	Reappointment
Lofink, Vincent A.	Confirmed	Member, Industrial Accident Board	New
McIntyre, Ronda	Confirmed	Alderman, Town of Dewey Beach	New
Vavala, Kathleen M.	Confirmed	Judge of the Superior Court in and for New Castle County	New