Daily Report for 1/27/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 7PassedK. JohnsonThis House Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.HONORING THE LEADERSHIP AND ACHIEVEMENTS OF AFRICAN AMERICANS AND URGING THE CELEBRATION OF BLACK HISTORY MONTH.
SCR 7PassedGayThis Senate Concurrent Resolution designates March 4, 2021 as "Delaware Giving Day." RECOGNIZING MARCH 4, 2021 AS "DELAWARE GIVING DAY."
SCR 8Passed SenatePinkneyThis Senate Concurrent Resolution declares that gun violence is a public health crisis, that ending the gun violence devastating Delaware is a policy priority, and supporting policy and legislative solutions that will make schools safe, confront armed hate and extremism, prevent suicide, and center and support survivors of gun violence.DECLARING GUN VIOLENCE A PUBLIC HEALTH CRISIS.
HB 86CommitteeK. WilliamsThis Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION FUNDING.
HB 87CommitteeK. WilliamsThis bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE HUMAN TRAFFICKING INTERAGENCY COORDINATING COUNCIL.
HB 88CommitteeK. WilliamsThis bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE.
HR 6CommitteeSpiegelmanThis amendment to the House Rules requires a three-fifths vote of the members of the House in order to suspend the House Rules. The primary purpose of the House Rules is to establish a reasonable and orderly process for the consideration of legislative proposals to be addressed by the House of Representatives. Suspension of Rules should only be necessary in unusual situations. This change will require a broad consensus (three-fifths) of all members of the House of Representatives in order to suspend rules. Since a three-fifths requirement cannot be done via a simple voice vote, and must be performed with a roll call, this change will also increase transparency by ensuring that every legislator will have their vote on the action recorded and available for public review.RELATING TO THE PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES OF THE 151ST GENERAL ASSEMBLY OF THE STATE OF DELAWARE.
HB 89CommitteeK. WilliamsThis act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR HIGHER EDUCATION.
HB 90CommitteeBradyThis Act permits a candidate committee established by a candidate for public office to pay reasonable and necessary expenses for the care of a candidate’s child or children when care is necessary in connection with the candidate’s campaign activities. This Act also makes changes to the current law to make it consistent with the Legislative Drafting Manual.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO AUTHORIZED CAMPAIGN EXPENDITURES.
SJR 1DefeatedBoniniThis joint resolution rejects the 2021 report of the Delaware Compensation Commission in its entirety. REJECTING IN ITS ENTIRETY THE 2021 REPORT OF THE DELAWARE COMPENSATION COMMISSION.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 37CommitteeParadeeThis 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.
SS 1 for SB 36CommitteeParadeeSection 1 of this Act revises the following definitions: (1) “Dormant captive insurance company”, to change the criteria review period from a calendar year to a continuous 12-month period. (2) "Pure captive insurance company", to clarify that a pure captive insurer may insure its parent, its parent's affiliates, or a controlled unaffiliated business. (3) “Series”, to allow a registered series to be licensed as a captive insurer. Section 2 of this Act clarifies that a pure captive insurer may insure its parent, its parent’s affiliates, or a controlled unaffiliated business. Section 2 of this Act also expands the captive insurance licensing authority for a series as defined under Chapter 69 of Title 18 to allow a Delaware series to be licensed as an agency captive insurance company. Section 3 of this Act allows certain captive insurers to select the Delaware series form of business organization. Section 4 of this Act makes the provisions of §§ 2702, 2703, and 2706 of Title 18 applicable to captive insurance companies. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Bill differs from Senate Bill No. 36 as follows: (1) By removing new definitions for “policy” and “premium” and amending definitions for “dormant captive insurance company” and “series” as indicated in Section 1 of this Act. (2) By clarifying that a pure captive insurer may insure its parent, its parent’s affiliate, or a controlled unaffiliated business as indicated in Section 2 of this Act. (3) By removing authority for a series to apply for a certificate of authority as a branch or reciprocal captive insurance company. (4) By making §§ 2702 and 2703 of Title 18 applicable to captive insurance companies. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE COMPANIES.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 1CommitteeSchwartzkopfFood and drink establishments suffered great losses since March, 2020 due to the pandemic including millions of dollars in lost sales and the loss of an tens of thousands of jobs in this State. This Act extends the provisions contained in HB 349 from the 150th General Assembly until March 31, 2022 with the goal of continuing the efforts to try and mitigate the losses this industry has suffered. This bill extends the following provisions in HB 349: (1) Allowing an entity that has a valid on-premise license to sell alcohol to continue to alcoholic beverages as part of transactions for take-out, curbside, or drive-through food service so long as certain conditions are met; (2) Allowing a licensee to continue to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions; (3) Allowing the Commissioner to temporarily suspend a license only if the Commissioner has reasonable grounds to believe that public's safety is at risk and there has been a violation of the law; and (4) Allowing the Commissioner to hold hearings by electronic, telephonic, or remote means.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
HB 55 w/ HA 1CommitteeMatthewsIn 2009, New Hampshire was the first state to develop a statewide "Gun Shop Project," reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project's primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for dealers and consumers of licensed deadly weapons in Delaware. The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Project's annual report in the Coalition's annual report. The Division of Substance Abuse and Mental Health, which staff the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE GUN SHOP PROJECT.
HB 68CommitteeMichael SmithThe National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day. Senate Bill No. 87 was not drafted as an amendment to the Delaware Code and so was not included in the Delaware Code. This Act codifies Senate Bill No. 87 into § 408 of Title 29 to conform § 408 with existing Delaware and federal law in recognition of this State's commitment to our Veterans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND VOLUME 68, CHAPTER 88 OF THE LAWS OF DELAWARE, RELATING TO BUILDINGS AND GROUNDS
HB 78CommitteeOsienskiThis bill extends the amount of years an identification card is valid from four (4) to eight (8) years. This bill is necessary for the Division of Motor Vehicles to maintain consistent business processes. The driver license is currently valid for eight (8) years, and this change would maintain consistency with the driver license requirement.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO NONDRIVER IDENTIFICATION CARDS.
HA 1 to HB 55PassedMatthewsThis Amendment makes a technical correction and adds language to clarify the following: - Because the Gun Shop Project has the discretion to determine which types of written materials it produces, it is required to make available only the materials it produces. - The Gun Shop Project is required to make the written materials available for downloading and access online, not to physically deliver the materials. This Amendment also removes language related to licenses to carry concealed deadly weapons because gun shops are not involved in that licensing process. 

Senate Committee Assignments

Committee
Executive

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Judiciary
Rules

Senate Committee Report

Committee
Environment & Energy
Executive
Judiciary
Labor

House Committee Report

Committee
Education
Sunset Committee (Policy Analysis & Government Accountability)

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Bennett, ReneeConfirmedAlderman of the City of Rehoboth BeachReappointment
Bucklin, DonaldConfirmedCommissioner of the Court of Common PleasReappointment
Gilchrist, Gretchen C.ConfirmedCommissioner of Family CourtReappointment
Hopkins Pugh, KarenConfirmedState Board of ElectionsReappointment
Karsnitz, Craig AConfirmedResident Judge of the Superior Court of Sussex CountyNew
Noble, Audrey J.ConfirmedState Board of EducationReappointment
Robinson, Robert H.ConfirmedJudge of Superior CourtNew
Sedivec, TheresaConfirmedCommissioner of Family CourtReappointment
Slater, AndrewConfirmedPublic AdvocateReappointment
Williams-Mayo, Sharon A.ConfirmedState Board of ElectionsReappointment