| SB 216 | LOT | Lawson | In almost every mass murder that has occurred in the United States over the past 2 decades, subsequent investigations have revealed that the perpetrator had displayed what have become known as “red flag indicators” which, if known, identified, and reported, might have allowed trained professionals to intervene. In far too many cases, these red flag indicators were observed, but because of a lack of training or inadequate reporting, tracking, or referral policies in schools, no action was taken to stop the perpetrator before the attack.
This Act requires red flag indicator training for teachers, school principals, counselors, school nurses, and other school district or charter school employees who interact with students, the people most likely to exhibit red flag indicators during the school day.
This Act also requires that each school district and charter school establish and implement red flag indicator reporting, tracking, and referral policies. These policies will allow for the timely referral of at-risk students for needed mental health evaluation or treatment or law enforcement action.
To protect teachers, administrators, and other school district or charter school employees, this Act provides immunity from criminal liability, civil liability, or professional discipline for employees who follow school district or charter school red flag indicator policies to report a student’s red flag behavior.
Finally, Section 2 of this Act makes a technical correction by redesignating § 4168 of Title 14, regarding the Department of Education’s regulatory authority, to be § 4161A of Title 14 to avoid repeatedly moving this provision as Subchapter II of Chapter 41 of Title 14 grows. Section 4168 was previously designated § 4167 until 2019 when Chapter 212 of Volume 82 of the Laws of Delaware redesignated the provision. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO NONACADEMIC TRAINING. |
| SB 217 | LOT | Townsend | This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without.
PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans.
Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies, and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol.
The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals.
This Act also makes technical changes to Part IV of Title 16, to more accurately reflect its current structure. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING. |
| SB 219 | LOT | Paradee | This Act amends the Delaware Viatical Settlements Act by permanently removing the bond requirements for viatical settlement brokers and updating a reference to “life settlement brokers” by replacing it with “viatical settlement brokers”. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO VIATICAL SETTLEMENTS. |
| SB 221 | LOT | Lawson | Under current law, only a premises that qualifies as a restaurant or is operated by a not-for-profit group may allow customers to bring alcoholic beverages onto the premises.
This Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| SB 222 | LOT | Bonini | In 2018, the General Assembly enacted House Bill No. 204 of the 149th General Assembly, Chapter 200, Volume 81 of the Laws of Delaware, ("HB 204"), with "the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community." HB 204 has resulted in the release of violent offenders into our communities, leading to more Delawareans being victimized. Therefore, this Act repeals HB 204, replacing HB 204's provisions with the law in effect before the enactment of HB 204 and bringing back greater safety for law abiding Delawareans and accountability for defendants.
This Act also makes technical corrections to conform existing law, and previous law being returned to the Delaware Code, to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES. |
| SB 227 | Signed | Hansen | This Act brings the Division of Motor Vehicles into compliance with federal law by allowing a commercial learner permit to be issued for a period of up to 1 year.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS. |
| SB 223 | Signed | Hansen | This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE. |
| SB 229 | Lieu/Substituted | Pettyjohn | This Act amends the Town of Bridgeville Charter to establish a clear standard to determine whether a Commissioner is unable to fulfill the duties and responsibilities of the office of Commissioner under the Charter. The current language of the Town of Bridgeville Charter is unclear regarding under what circumstances, if any, a Commissioner may be found to be unable to fulfill the duties and responsibilities of the office. This Act also makes corresponding changes to an existing section of the Town of Bridgeville Charter.
This Act requires a 2/3 majority vote of the General Assembly because it amends a municipal charter.
| AN ACT TO AMEND THE TOWN OF BRIDGEVILLE CHARTER RELATING TO DISQUALIFICATION OF ELECTIVE OFFICERS. |
| SB 230 | LOT | Hansen | This Act amends the Delaware Energy Act to encourage the adoption of electric vehicles in the State by creating more accessible electric vehicle charging infrastructure. Specifically, this Act permits State Agencies to charge a reasonable fee for use of electric vehicle charging stations installed by the Agency and to reimburse the appropriate State Agency which procured the underlying electricity used. This Act limits the locations to state-owned or state-leased properties used by state employees or visitors.
| AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING. |
| SB 231 | LOT | Hansen | This Act creates a special license plate for those citizens who wish to support pollinator habitat creation and conservation. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly when a new tax or license fee is imposed. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES. |
| SB 232 | LOT | Lawson | This Act clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway. This Act also defines “yard waste.”
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCARDING YARD WASTE ON A HIGHWAY. |
| SS 1 for SB 212 | Committee | Walsh | This Act clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available during the next payday after an employee quits, resigns, is discharged, suspended, or laid off. The only difference between Senate Substitute No. 1 for Senate Bill No. 212 and Senate Bill No. 212 is this revised Synopsis.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYER'S FAILURE TO PAY AN EMPLOYEE WAGES. |
| SB 234 | LOT | Lawson | Title 3 and Title 7 do not currently define the term “farm” and Title 3 does not currently define the term “farm operations.” This Act defines “farm” and “farming operations” for the purposes of Title 3 and Title 7. This Act amends the definition of “farm operations” in Title 7 to make it consistent with the definition added to Title 3.
Under this Act, “farm” means the land, buildings, and machinery used in a farm operation; “farm operations” means a condition or activity that occurs on a farm in connection with the production of agriculture, livestock, dairy, poultry, or aquacultural products for sale and earns an annual profit of at least $2,000. | AN ACT TO AMEND TITLE 3 AND TITLE 7 OF THE DELAWARE CODE RELATING TO FARMS. |
| SB 235 | LOT | Sokola | This Act is the first leg of a constitutional amendment that repeals the provisions regarding legislative districts that were found unconstitutional in the 1960s by the Supreme Court of the United States and the United States District Court for the District of Delaware. These sections of the Delaware Constitution are unconstitutional because the sections do not apportion seats in the General Assembly so that each vote is equal.
This Act replaces the unconstitutional provisions with the existing redistricting requirements established under Chapter 8 of Title 29, which meet the requirements under the Constitution of the United States. Specifically, the requirements for legislative districts are as follows:
1. The House of Representatives is comprised of 41 members, chosen for 2 year terms.
2. The Senate is comprised of 21 members, chosen for 4 years terms, except that terms are staggered at the first biennial general election following redistricting so that 10 Senators are elected for 2 year terms and 11 Senators are elected for 4 year terms.
3. The General Assembly must determine the boundaries of legislative districts using the following criteria: contiguous territory; nearly equal in population; bounded by major roads, streams, or other natural boundaries; and do not unduly favor any person or political party.
4. The General Assembly must redistrict whenever necessary after each federal decennial census.
This Act also repeals the obsolete process in the Constitution that has the Governor and chairs of 2 political parties conduct the redistricting. Current law does not provide a specific process by which the General Assembly redistricts legislative districts, so this Act provides the General Assembly with the power to enact general laws establishing rules and procedures for redistricting.
This Act requires a greater than majority vote 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.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO LEGISLATIVE DISTRICTS. |
| SB 236 | Signed | Lopez | This Act amends the Charter of Dewey Beach to give the Town Commissioners the authority to impose and collect a lodging tax. The new lodging tax is distinct from the existing accommodations tax. A rental property may be subject to either the accommodations tax or the lodging tax, but not both. In addition, the lodging tax may not be imposed before April 1, 2021, the initial rate may not exceed 1.5%, and the rate may not be increased by no more than .5% annually until the maximum rate, 3%, is reached.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.
| AN ACT TO AMEND THE CHARTER OF DEWEY BEACH RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX. |
| SB 243 | Lieu/Substituted | Hansen | Since 2009, when video-conferencing was first permitted under the Freedom of Information Act (“FOIA”) by Senate Bill No. 104 (145th General Assembly), technology has continued to evolve and the need to provide more mechanisms for participation by members of public bodies and the public has grown. In addition, under the Governor's March 12, 2020, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat and House Concurrent Resolution No. 85 (“HCR 85”), public bodies in Delaware have been successfully holding virtual public meetings.
This Act amends FOIA to allow a public body to hold a public meeting electronically if specific notice and public access requirements are met. The notice and access requirements follow the guidelines established under HCR 85. Specifically, this Act permits all of the following:
1. An advisory body that makes reports or recommendations may hold a virtual meeting at any time, if there is an anchor location that is open to the public and at which 1 or more members of the public body attend the meeting.
2. During a state of emergency, any public body may hold a virtual meeting. If all members of a public body are elected by the public to serve on the public body, there are requirements to ensure that members have contemporaneous access to documents.
This Act also clarifies that if its members are not all elected by the public to serve on the public body, a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title 6.
Finally, this Act permits the Governor to allow public bodies to hold virtual meetings if necessary to prevent a public health emergency, through June 30, 2021.
This Act does not revise § 10006 of Title 29, the existing video-conferencing section, because § 10006 permits more types of public bodies to conduct a meeting through video-conferencing than are permitted to conduct a virtual meeting under this Act in the absence of a state of emergency. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT. |
| SB 237 | Signed | Townsend | This Act delays to October 1, 2020, the expansion of dental care to all eligible adult Medicaid recipients provided for under Senate Substitute No. 1 for Senate Bill No. 92 (150th General Assembly), Chapter 187 of Volume 82 of the Laws of Delaware. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DENTAL CARE FOR ADULT MEDICAID RECIPIENTS. |
| SA 1 to SB 233 | PWB | Hansen | | |
| SB 250 | LOT | McDowell | This bill is intended to advance sustainable energy goals and initiatives in Delaware and to restore Delaware as a leader in renewable, sustainable energy. First, this Act builds on the Renewable Energy Portfolio Standards Act, which was first enacted into law in 2005, by setting new standards for the minimum percentage of electric energy sales from eligible energy resources and solar photovoltaics. Second, this bill contains the “Community Sustainable Energy Authorities Act,” which authorizes incorporated municipalities, towns, and counties and the Delaware Sustainable Energy Utility to create authorities to develop, promote, and operate community sustainable energy projects.
| AN ACT TO AMEND TITLES 9, 22, 26 AND 29 OF THE DELAWARE CODE RELATING TO THE RENEWABLE ENERGY PORTFOLIO STANDARDS ACT AND THE COMMUNITY SUSTAINABLE ENERGY AUTHORITIES ACT. |
