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Daily Report for 4/16/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

Bill	Current Status	Sponsor	Synopsis	Title
SR 21	Passed Senate	Brown	This resolution recognizes the efforts of Hawks, Inc. in helping with the clean-up of the 11th Street Bridge after Hurricane Ida in 2021.	RECOGNIZING THE EFFORTS OF HAWKS, INC. IN HELPING WITH THE CLEAN-UP OF THE 11TH STREET BRIDGE AFTER HURRICANE IDA IN 2021.
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.
HS 1 for HB 147	Out of Committee	Baumbach	This Act is a substitute for House Bill No. 147. Like House Bill No. 147, this Act provides a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (TOD) deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 18 states (including Virginia) and the District of Columbia and the U.S. Virgin Islands, and a substantially similar law has been enacted in 11 states. The Uniform Real Property Transfer on Death Act is pending before 3 state legislatures and has been enacted in New Hampshire and Utah this year. This Act differs from House Bill No. 147 as follows: (1) By making clear that a transfer of death deed takes precedence over any contrary instruction in a will to transfer the same property. (2) By making clear in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) By authorizing the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose property has transferred to the beneficiary by transfer on death deed. (4) By authorizing a beneficiary to file with the Register of Wills the death certificate of a person whose property has transferred to the beneficiary by transfer on death deed. (5) By making abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to property and may disclose that death certificate to the Register of Wills to prove the person’s legal right to property. (6) Under Section 3 of this Act, clarifying that an individual who executed a transfer on death deed does not die seized of the property and, therefore, the property is not required to be included on an inventory and appraisal to the Register of Wills. (7) Making a clarification in § 5402 of Title 30 contained in Section 5 of this Act. (8) Delaying the effect of this Act until 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.	AN ACT TO AMEND TITLE 12, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.
SA 1 to SS 1 for SB 221	Stricken	Wilson	This Amendment names the Delaware State Fire Prevention Commission as the entity that provides flags for volunteer or paid members of a fire department. The Amendment also corrects a technical error.
SA 1 to SB 25	Passed	Huxtable	This Amendment clarifies that the exemption applies to affordable housing units constructed as part of a project financed using funding from government affordable housing programs.

Legislation Passed By Senate

Bill	Current Status	Sponsor	Synopsis	Title
HB 288	Signed	Longhurst	This Act changes the name of the Division of Research to the "Division of Legislative Services" (Division) to more fully reflect the tasks that the Division performs. In addition to legislative research, the Division's tasks include drafting bills, editing the Delaware Code, staffing task forces, printing bills and other materials for the General Assembly, providing constituent and legislator services through the Legislative Information Office, and publishing the Register of Regulations and Administrative Code. This Act also gives the Director of the Division a consistent job title throughout the Code. Section 28 and Section 43 of this Act change "Legislative Council" to the Division to conform the law to current practice. For reports that must be submitted to the Division, this Act makes consistent that those reports must be submitted to the Librarian of the Division, in addition to the Director. Section 62 delays the effect of this Act until November 6, 2024, to coincide with the start of the 153rd General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.	AN ACT TO AMEND THE DELAWARE CODE AND CHAPTER 168 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE DIVISION OF RESEARCH.
HB 315	Signed	Wilson-Anton	This Act makes technical corrections to remove racist language and provisions from the Delaware Code. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and the current responsibilities of Delaware agencies.	AN ACT TO AMEND TITLE 9, TITLE 14, AND TITLE 31 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HCR 107	Passed	Minor-Brown	This Resolution recognizes April 11 - 17, 2024, as "Black Maternal Health Awareness Week" in Delaware.	RECOGNIZING THE WEEK OF APRIL 11 THROUGH APRIL 17, 2024, AS "BLACK MATERNAL HEALTH AWARENESS WEEK" IN DELAWARE.

Legislation Passed By House of Representatives

Bill	Current Status	Sponsor	Synopsis	Title
HA 1 to HB 127	Passed	Baumbach	This Amendment revises House Bill No. 127 to make ambulance service providers who are recipients of a Grant-in-Aid eligible for money collected from a county’s fire protection fee. There are currently 3 volunteer ambulance service providers that are not operated by fire companies but are treated in the same manner as fire companies for certification, audits, and all receive a Grant-in-Aid in the section of the annual Grant-in-Aid bill for fire companies. Under HB 127, “fire protection” includes ambulances and basic life support, but only fire companies who are a recipient of a Grant-in-Aid and provide fire protection outside the City of Wilmington can receive money from a county’s fire protection fee. This Amendment revises HB 127 to define “ambulance service provider” as a organization that is a recipient of a Grant-in-Aid for the operation and maintenance of ambulances and groups ambulance service providers with fire companies under the term “fire protection provider” so that all organizations that receive a Grant-in-Aid and provide ambulance services in the county, outside of the City of Wilmington, are eligible to receive money collected under a county fire protection fee and if these funds are received, the organization must include that money in the annual audit required under current law.
HB 14 w/ HA 1	Committee	Carson	This Act creates a new license for the use of trotlines in commercial crabbing. This Act prohibits a person from possessing a commercial crab pot license and trotline license at the same time. This Act requires a 3/5 vote by each chamber because it creates a license fee pursuant to Section 11(a) of Article VIII of the Delaware Constitution.	AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TROTLINE LICENSES.
HS 1 for HB 255 w/ HA 2, HA 1 to HA 2	Committee	Osienski	This Act makes several updates to the Boiler Safety Program. The Boiler Safety Program can issue certificates of compliance and the Secretary can grant variances. A 6th member is added to the Boiler Safety Council from associated labor unions. It adds an enforcement section for violators who fail to comply with Program requirements. This Act also makes technical corrections to conform with current drafting standards. Finally, the Act allows DNREC to establish fees for the Program that reasonably reflect the cost of the Program and defray its expenses. It therefore requires a 3/5 vote.	AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE BOILER SAFETY PROGRAM.
HA 1 to HB 310	Passed	Chukwuocha	This Amendment corrects a technical error.
HA 2 to HB 127	Passed	Baumbach	This Amendment exempts property owned by the State of Delaware from a county fire protection fee.
HA 1 to HB 14	Passed	Carson	This Amendment does the following: (1) Limits the use of commercial trotlines to a maximum of 3 anchored long lines totaling no more than 3,600 feet; (2) Prohibits trotline users from using commercial or recreational auto dippers for harvesting; and (3) Clarifies that trotlines may not be used between the hours of one hour after sunset and one hour before sunrise.
SCR 144	Passed	Richardson	This Senate Concurrent Resolution recognizes April 2024 as "Child Abuse Prevention Month" in the State of Delaware.	RECOGNIZING APRIL 2024 AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF DELAWARE.
HA 1 to HB 190	Passed	K. Williams	This provides that public members of the Spay/Neuter Advisory Committee can only serve 2 terms of 3 years per term.
HA 2 to HS 1 for HB 255	Passed	Collins	This amendment removes the authority for the Department to establish fees to approximate and reflect the costs to operate the Boiler Safety Program, establishes and updates the Boiler Safety Program fees to Chapter 74B, Title 7 of the Delaware Code. Also HA 1 is revised to make a technical change regarding the handling of fee payments.
HA 1 to HA 2 to HS 1 for HB 255	Passed	Collins	This amendment makes technical corrections to the amendment.

Senate Committee Assignments

House Committee Assignments

Senate Committee Report

No Senate Committee Report

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