Daily Report for 1/28/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 5PassedKowalkoThis House Resolution condemns the violence at and assault on the United States Capitol on January 6, 2021; commits the House of Representatives to peaceful, thoughtful, and respectful discourse in the conduct of public business; and expresses gratitude to the members of the Delaware National Guard.CONDEMNING THE JANUARY 6, 2021, ASSAULT ON THE UNITED STATES CAPITOL, COMMITTING TO PEACEFUL AND RESPECTFUL DISCOURSE BY THE HOUSE OF REPRESENTATIVES, AND EXPRESSING GRATITUDE TO THE MEMBERS OF THE DELAWARE NATIONAL GUARD.
SB 50CommitteeSokolaThis Bill is the Fiscal Year 2022 Bond and Capital Improvements Act.A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2022; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.
HB 105CommitteeSchwartzkopfThis Bill is the Fiscal Year 2022 Appropriations Act.AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
HR 7PassedSchwartzkopfThis resolution changes House Rule 69 concerning procedures for voting at a virtual meeting by requiring roll call votes only in a legislative committee.RELATING TO AN AMENDMENT TO THE RULES OF THE DELAWARE HOUSE OF REPRESENTATIVES.
HB 106CommitteeSchwartzkopfThis Act appropriates $35,726,700 to provide one-time funded projects through the Office of Management and Budget.AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2022 TO THE OFFICE OF MANAGEMENT AND BUDGET.
HCR 9Passed HouseSchwartzkopfThis Concurrent Resolution amends House Concurrent Resolution No. 1 to require votes in a legislative committee to be taken by roll call. This change means that the rules of the Senate or House of Representatives will control how votes on the virtual floor are to be taken. RELATING TO AN AMENDMENT TO THE RULES OF PROCEDURE FOR CONDUCTING VIRTUAL MEETINGS OF THE 151ST GENERAL ASSEMBLY AND ITS LEGISLATIVE COMMITTEES DURING AN EMERGENCY.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 11SignedBaumbachThis Act represents the work and recommendations of the Local Service Functions Task Force created by House Concurrent Resolution No. 54 of the 150th General Assembly (“Task Force”). The Task Force held 17 meetings during 2019 and 2020 and after considerable research and discussion, the members of the Task Force unanimously approved recommending these changes to the New Castle County budgeting process. In order to implement these changes for the Fiscal Year 2023 budget (“FY 23 Budget”), the first deadline in this Act that New Castle County must meet is January 31, 2021. This Act revises the process by which the New Castle County tax rate for owners of real property in municipalities is calculated so that the tax rate more fairly attributes the cost of services to property owners in municipalities and the unincorporated area. This Act is modeled on the process that has been used successfully in Prince George’s County Maryland for several decades. This Act does not affect mutual aid agreements because mutual aid agreements do not impact property tax rates. This Act creates 2 processes to determine the degree that a local service function (“LSF”) is fully or partially performed or financially supported by a municipality instead of New Castle County and to calculate the property tax rate for real property in each municipality based on that determination. There is 1 process for fire company contributions and 1 process for all other local service functions. The process for fire company contributions was enacted by House Bill No. 264 of the 150th General Assembly (“HB 264”) and is already in effect. This Act creates the process for all other local service functions, which will be implemented beginning for New Castle County’s FY 23 Budget and allows time for the necessary calculations and the development of forms and procedures. There are 3 different effective dates in this Act. The sections that are effective immediately and on January 1, 2022, keep current law in effect for the Fiscal Year 2022 budget (“FY 22 Budget”) process while allowing the new process to be developed and implemented for the FY 23 Budget. The sections that are effective July 1, 2022 reorganize and revise provisions for clarity and to apply to future budgets. Specifically, this Act does all of the following: Section 1 takes effect immediately and revises current law to update definitions and make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual beginning for the FY 23 Budget. Sections 2 and 4 take effect immediately and create new subparts of Subchapter III of Chapter 11 of Title 9 to create a clear subpart for local service function calculations and a clear subpart for general budget sections. Section 3 takes effect immediately and creates a new process to calculate the property tax rate for real property in municipalities for local service functions other than fire protection beginning for the FY 23 Budget. The range of services that can be local service functions is substantively unchanged, but where current law anticipates that a municipality provides all or none of a service, this Act recognizes that there are different degrees of performance of a service, some of which may be provided by a municipality, and some which are provided by New Castle County. The new process to calculate the property tax rate for local service functions is similar to the process for fire protection but does not consider the municipality’s cost and is based on New Castle County’s cost to provide the local service function, reduced by fees, grants, and other revenue that supports the specific service and increased by applicable indirect costs. This Act creates specific calculations that New Castle County will use to determine the county property tax for real property in a municipality based upon the municipality’s degree of performance of a service that New Castle County would provide if the municipality did not. This Act also creates a specific process, with deadlines, that New Castle County and municipalities will use during each budget cycle to determine the individual LSF tax rate for real property in each municipality. This Act also creates a binding, non-appealable dispute resolution process for disputes regarding New Castle County’s level of service determinations. Sections 5 through 9 take effect on January 1, 2022. Sections 5 through 8 revise current sections of Title 9 to be consistent with the new process and terminology enacted in Sections 1 and 3 of this Act. Under this Act, New Castle County must adopt the individual LSF tax rates for real property in municipalities as part of the annual budget process. These Sections also make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 9 creates the Local Service Function Review Committee. The Local Service Function Review Committee will meet annually to review the LSF calculation procedure and prepare a report that includes any recommendations for improvements. Section 10 takes effect on July 1, 2022, and revises Chapter 11 of Title 9 to remove the interim provisions and provide for all of the following: 1. Revises and clarifies how to determine if performance of a LSF should be used to calculate the property tax rate in a municipality. There are no changes to current law regarding how responsibility for starting or stopping a specific LSF is transferred between a municipality and New Castle County. This Section updates whether a municipality or New Castle County is responsible for all or part of a LSF by setting the baseline as how responsibility is set forth in New Castle County’s approved budget for FY 23 Budget, which is based on agreement between New Castle County and each municipality or the arbitration panel’s determination of any dispute. Future changes in whether a municipality or New Castle County perform all or part of a LSF, other than fire protection which is financially supported but not directly performed by a municipality, are handled as follows: A. If New Castle County performs the LSF under the FY 23 Budget and a municipality subsequently begins performing the LSF, then the municipality and New Castle County may pass ordinances transferring responsibility for performance of the LSF to the municipality. B. If a municipality performs the LSF under the FY 23 Budget and later desires to stop performing the service, then the municipality and New Castle County may pass ordinances transferring responsibility for performance of the LSF to New Castle County. C. If a municipality performs the LSF under the FY 23 Budget and later desires to increase or decrease its degree of performance, then the municipality provides notice to New Castle County by August 1 to be effective for New Castle County’s next fiscal year. D. If a municipality performs a service that is included in the New Castle County General Operating Budget, the municipality may request that the service be classified as a LSF and the municipality may demand arbitration if New Castle County and the municipality cannot reach agreement. E. If New Castle County establishes a new LSF, the annual negotiation and dispute resolution process will apply if a municipality performs that service. 2. Transfers the fire service provisions from § 1102(e) of Title 9 to § 1126(c) of Title 9 so that all local service function calculations are in the same section. 3. Revises deadlines in § 1128 of Title 9. The deadlines enacted in Section 3 of this Act reflect the additional time needed to transition to the new process. This section revises the deadlines so they are appropriate for the budget process once this new process is established. This section also revises §§ 1101A, 1125, 1126, and 1128 of Title 9 to repeal the language providing that provisions are effective beginning for the FY 2023 budget that was necessary to keep current law in effect for the FY 22 Budget process while allowing the development and implementation of the new process.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY PROPERTY TAX RATES.
HB 35SignedLonghurstThis Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals, such as, school counselors, social workers, licensed clinical social workers, school psychologists, and school nurses.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR.
HB 46SignedBushCurrently the Delaware Code does not permit alcoholic beverage license holders to brew hard seltzers or other non-malt based products that they are otherwise allowed to brew as a result of obtaining a Federal Brewer’s Notice. This Act permits Delaware brewery-pub and microbrewery license holders to brew, bottle and sell hard seltzers and other fermented beverages made from malt substitutes and includes specific tax on fermented beverages. The language of the Act also mirrors the federal definition of a malt-substitute product.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
HB 51SignedLynnThis Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act clarifies when the required intensive inpatient or outpatient drug and alcohol treatment, as approved by the Court or the Department of Correction, can take place. The required program may be completed while the offender is on any level of supervision, not just Level V or IV. The treatment program may also be completed by an offender after arrest and prior to adjudication. permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.
SB 23SignedHansenThis 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 3/5 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.
HB 63SignedMatthewsThis Act requires the Department of Health and Social Services to provide staff support for the Childhood Lead Poisoning Advisory Committee. 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 CHILDHOOD LEAD POISONING PREVENTION ACT.
HB 65SignedOsienskiThis bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 waives the 13-week waiting period for the state to "trigger on" to pay extended unemployment benefits in periods of high unemployment. Section 2 establishes the 2021 new employer assessment rate, average industry assessment rate, and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 extends the provisions in H.B. 352 from the 150th General Assembly authorizing the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to deal with the effects of COVID-19 and implement federal programs providing unemployment benefits to respond to COVID-19. Section 4 exempts unemployment compensation benefits received in 2020 from the calculation of Delaware adjusted gross income so that unemployment claimants will not have to pay state taxes on the benefits they received during the pandemic. AN ACT TO AMEND TITLES 19, 29 AND 30 OF THE DELAWARE CODE RELATING TO COVID-19 RELATED UNEMPLOYMENT BENEFITS, ASSESSMENTS AND RULEMAKING AUTHORITY.
SB 21PassedHansenThis 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 fee for public or employee use of electric vehicle supply equipment installed by the agency so long as the fees do not exceed the agency’s costs. “Costs” means the costs associated with electricity used by the agency’s electric vehicle supply equipment, installation of the agency’s electric vehicle supply equipment, and maintenance of the infrastructure and equipment of the agency’s electric vehicle supply equipment. This Act limits the locations where the charging infrastructure may be placed by the State 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 32SignedBrownA 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. 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 RELATING TO DISCRIMINATION.
HCR 6PassedK. WilliamsThis Concurrent Resolution recognizes January 2021 as Human Trafficking Awareness Month in Delaware.RECOGNIZING THE MONTH OF JANUARY 2021 AS "HUMAN TRAFFICKING AWARENESS MONTH" IN DELAWARE.
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.
HCR 8PassedMinor-BrownThis concurrent resolution designates January 24-30, 2021 as Certified Registered Nurse Anesthetists' (CRNA) Week in the State of Delaware.DESIGNATING JANUARY 24-30, 2021 AS CERTIFIED REGISTERED NURSE ANESTHETISTS' WEEK IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 22SignedHansenThis Act prohibits the import, export, sale, transport, distribution, or propagation of any plant identified by the Secretary of the Department of Agriculture, with the advice of the Delaware Native Species Commission, as an invasive plant. This Act also requires that plants identified as potentially invasive be sold with a tag that identifies the plant as potentially invasive. A violation of this Act may result in a civil penalty of $50 to $500, but only after the person has had the opportunity for an administrative hearing and the opportunity to come into compliance with this Act. This Act takes effect July 1, 2022.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO INVASIVE PLANTS.
SB 31ApprovedBrownThis Act is the second leg of a constitutional amendment to add race, color, and national origin to § 21 of Article I of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. The first leg of this constitutional amendment was Senate Bill 191 of the 150th General Assembly, published in Chapter 287 of Volume 82 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. 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 when the General Assembly amends the Delaware Constitution.AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.
SB 33SignedHansenThis Act modifies the Renewable Energy Portfolio Standards Act to do the following: (1) Continues increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035. (2) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. (3) Eliminates “cost-cap” mechanism for freezing the RPS and replaces it with a market-based mechanism. (4) Clarifies the rulemaking authority for this Act. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.
SB 30SignedPooreThis Act amends the Fiscal Year 2021 Bond and Capital Improvements Act to (1) authorize a portion of funding previously allocated to the Kalmar Nyckel Foundation to be used for unrestricted operations; (2) authorize additional reimbursements from the Community Transportation Fund; (3) authorize the Secretary of State to rapidly complete restoration and maintenance projects and sell, transfer or acquire historic buildings and sites; (4) authorize New Castle County Vocational Technical School District to transfer non-obligated funds from Howard High School/1927 Building to St. Georges Technical High School and Delcastle Technical High School; (5) authorize funding previously allocated to the Peoples Settlement Association to be used for additional repairs; (6) authorize funding from the Transportation Infrastructure Investment Fund to be used for improvements at the Daniel S. Frawley Stadium; (7) authorize prior year contingency funding to ensure timely completion of a system for the Registrar of Regulations; (8) authorize the Department of Transportation to transfer funding for storm related repairs; (9) authorize the Department of Transportation to use Community Transportation Funds to maintain roads in the Knollac Acres community; and (10) authorize prior year contingency funding for the Rose Hill Community Center renovations project. AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2021.
SB 42SignedTownsendThis Act suspends the educator evaluation system during the 2020-2021 school year and replaces it with an observation and feedback cycle that provides educators with coaching and support related to hybrid and remote learning practices. This Act provides for all of the following during the observation and feedback cycle: 1. An initial goal setting process, classroom observation, and end-of-year conference. 2. Feedback provided to an educator must be recorded in the Data Service Center platform. 3. Evidence collected and feedback provided during observations may not be used as part of the evaluation cycle or to assign a summative rating for the 2020-2021 school year. 4. Recommendations on performance may not result in a formal improvement plan. 5. Educators must complete only the goal setting form and a verification form. This Act also provides that formal improvement plans in place for the 2020-2021 school year remain in effect through the next evaluation cycle under this section.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE EDUCATOR EVALUATION SYSTEM.
SCR 6PassedPettyjohnThis Concurrent Resolution recognizes January 9, 2021, as "Law Enforcement Appreciation Day" in Delaware.RECOGNIZING JANUARY 9, 2021, AS "LAW ENFORCEMENT APPRECIATION DAY" IN DELAWARE.
SCR 7PassedGayThis Senate Concurrent Resolution designates March 4, 2021 as "Delaware Giving Day." RECOGNIZING MARCH 4, 2021 AS "DELAWARE GIVING DAY."
SS 1 for SB 52SignedHockerSenate Bill No. 52 revises Chapter 26 of Title 14, regarding the Sussex County Vocational-Technical High School District (“District”). Senate Substitute No. 1 for Senate Bill No. 52 differs from Senate Bill No. 52 because it does not change the preferences for student admissions or the eligibility standards for accepted students. Like Senate Bill No. 52, Senate Substitute No. 1 for Senate Bill No. 52 does all of the following: 1. Revises the tax rate for the District and clarifies the acceptable use for the tax revenue. 2. Repeals § 2602(b) of Title 14 because the Tax Rate Review Committee has not been active in decades and it has effectively been replaced by the citizen budget oversight committee created under § 1508 of Title 14. 3. Revises the number of students who may be enrolled in the District. 4. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE SUSSEX COUNTY VOCATIONAL-TECHNICAL HIGH SCHOOL DISTRICT.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Capital Improvement
Education
Elections & Government Affairs
Health & Social Services
Transportation

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Education

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to SB 33DefeatedBriggs KingThis amendment allows § 363(e), Title 26 of the Delaware Code to remain codified by requiring lines 187 through 189 of Senate Bill No. 33 be deleted in their entirety. 
HA 2 to SB 33DefeatedPostlesThis amendment allows § 363(f), Title 26 of the Delaware Code to remain codified by requiring lines 190 through 191 of Senate Bill No. 33 be deleted in their entirety. 
HA 3 to SB 33DefeatedYearickThis amendment allows § 363(h), Title 26 of the Delaware Code to remain codified by requiring lines 194 through 195 of Senate Bill No. 33 be deleted in their entirety. 

Nominations Enacted upon by the Senate

No Records