Daily Report for 3/16/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 13PassedHockerThis Concurrent Resolution recognizes November 2021 as "Autoimmune Disease Awareness Month" in the State of Delaware.RECOGNIZING NOVEMBER 2021 AS "AUTOIMMUNE DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 18PassedTownsendThis resolution recognizes the importance of providing effective counsel to all who are accused, commends the important role played by the Office of Defense Services in fulfilling that mission, and recognizes March 18 as National Public Defense Day. RECOGNIZING MARCH 18 AS NATIONAL PUBLIC DEFENSE DAY.
HB 113CommitteeBriggs KingThis Act determines when the Court should issue a forthwith summons to hear a case on an emergency basis. This revision clarifies that such emergency relief should be granted not only after the harm has been caused but also where the harm is threatened.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO FORTHWITH SUMMONS.
HB 116CommitteeBennettThis Act is intended to promote, maintain, and bolster the public’s confidence in the integrity of State government, particularly as it relates to the employment of former members of the General Assembly within State government. This Act achieves this goal by prohibiting a former member of the General Assembly from being appointed to or employed in a position in a State agency for 1 year after the former member’s final term of office if either of the following applies: (1) The position was created during the former member’s final term of office. (2) The compensation for the position was increased, other than by an appropriation by the General Assembly that applies to all similarly situated State employees, during the former member’s term of office and the former member did not hold the position during the former member’s term of office. Existing law provides that a former member who knowingly or wilfully violates this Act is guilty of a misdemeanor and may be punished by imprisonment of not more than 1 year and by a fine not to exceed $10,000. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO POST-EMPLOYMENT RESTRICTIONS ON FORMER MEMBERS OF THE GENERAL ASSEMBLY.
HA 1 to HB 26PassedHeffernanThis amendment provides The Department for Children, Youth and Their Families (“DSCYF”) the ability to make a motion to the court for permission to place a pretrial youth in a facility other than one operated by DSCYF. While the circumstances prompting this request are rare, it is important to ensure the health and safety of youth and staff and the DSCYF facilities. This amendment also permits DSCYF’s ability to use contracted facilities for youth who are detained pending adjudication so that an alternative placement can be sought for youth when necessary. Finally, this amendment clarifies that “The Department” referred to in Section 2 of HB 26 specifically refers to the Department for Children, Youth and Their Families and not the Department of Correction. 
HA 1 to HB 22PWBBriggs KingThis amendment adds enforcement language to be consistent with standard Department of Justice Fraud Division language, removes leased equipment from the act, and makes a technical correction. 
HA 1 to HB 33PassedK. JohnsonThis Amendment makes technical corrections to House Bill 33 to conform it to the requirements of the Legislative Drafting Manual and clarifies that the Regulatory Council for Physician Assistants is authorized to recommend, not elect, individuals from its membership for appointment to the Board of Medical Licensure and Discipline by the Governor. 
HB 117CommitteeK. WilliamsHouse Bill No. 292 of the 149th General Assembly established a 3 year pilot program (“program”) to implement the recommendations in the 2015 Autism Educational Task Force report. The pilot program revised the Delaware Autism Program toward a system where the statewide Director works in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This Act makes the pilot program permanent and revises the program as follows: 1. Requires the Department of Education ("Department") to administer the program, including hiring the Director. 2. Revises the terminology in the qualifications for the Director to include autism spectrum disorder (“ASD”). 3. Requires the Department to hire 5 training specialists instead of the current hiring requirement that is based on the number of students with an educational classification of ASD. 4. Renames the Parent Advisory Committees to clarify that they are statewide. 5. Revises the responsibilities of the Peer Review Committee to conduct reviews without a request of the Department, to include behavioral procedures in the review, and at the request of the Department, review procedures and programming for students with other educational classifications served in the program. This Act takes effect on July 1, 2021. This Act also 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 STATEWIDE PROGRAM FOR SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 55 w/ HA 1PassedMatthewsIn 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.
SB 28 w/ SA 1Out of CommitteeHansenThis Act represents the consensus agreement among the Department of Safety and Homeland Security, the Department of Transportation, and stakeholders to provide the public with access to de-identified accident data. Access to the crash history of intersections will enable the public to weigh in on development discussions and roadway projects. This Act also clarifies when accident reports may be released and the purposes for which accident reports can be used. 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 § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee and this Act codifies the existing practice of allowing a state law-enforcement agency to charge a reasonable fee for a copy of an accident report.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.
SB 29 w/ SA 1CommitteeEnnisThis Act enhances 2 existing agricultural horse racing programs, the Delaware Standardbred Breeder's Program and the Delaware Certified Thoroughbred program, by providing additional funding. Under this Act, horsemen provide half of the additional funds from purse money and the State provides half of the additional funds with matching funds.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY FUND.
SB 41PassedPettyjohnThis Act amends the Charter of the Town of Georgetown to more closely align with State municipal election requirements. This Act also adjusts the timing for the filing of Statements of Candidacy to be reflective of and in alignment with other timelines. This Act modernizes notice requirements to utilize the Town website, which will provide broader notice to the public. This Act also amends the procedure for handling an election resulting in a tie vote; a tie vote will be resolved by special election, rather than a decision by the Board of Elections, to promote a democratic resolution. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND THE CHARTER OF THE TOWN OF GEORGETOWN RELATING TO ELECTIONS.
SA 1 to SB 29PassedEnnisThis Amendment makes Senate Bill No. 29 take effect on July 1 of the year of its enactment. 
SS 1 for SB 47 w/ SA 1CommitteeLawsonThis 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. This Substitute Bill differs from Senate Bill No. 47 by removing all of the following to avoid a potential conflict of the changes exceeding the scope of the bill’s title: (1) The upper limit to the fine for a first violation of subsections (a), (b), (c), or (d) of § 4189 of Title 21. (2) The changes addressing the redesignating error. (3) The revision of the word “section” to “subsection” in the penalty provision regarding the penalty for violating all subsections besides subsection (e) of § 4189 of Title 21. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCARDING YARD WASTE ON A HIGHWAY.
SB 66PassedLopezThis Act exempts an individual from having to pay the revoked license or driving privileges reinstatement fee if the individual is eligible for and applies for reinstatement of the individual’s license or driving privileges within 1 year of their release from Department of Correction Level V supervision. The purpose of this Act is to limit financial barriers that may impede an individual from successfully reintegrating into the community after that individual has served their time. The ability to legally drive is imperative for an individual to secure and maintain employment, access educational opportunities, and foster family and community connection that may lower recidivism. Additionally, if an individual was incarcerated, the individual likely could not renew their license or driving privileges before the license or privilege lapsed. This Act makes it easier for an individual reintegrating to restore their license or driving privileges. 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 REVOKED LICENSE OR DRIVING PRIVILEGES FEES.
SS 1 for SB 38CommitteeBrownIn 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, Senate Bill No. 38 was introduced to make changes to clarify language or increase the efficiency of the process. Like Senate Bill No. 38, this Substitute does the following: (1) Clarifies that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) Clarifies that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) Clarifies that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) Clarifies that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) Clarifies that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) Clarifies that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (7) Includes certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (8) Clarifies that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary expungement in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11. This Substitute differs from Senate Bill No. 38 as follows: (1) This Substitute removes the process for expunging certain cases that do not have a disposition. (2) While this Substitute also permits a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement, this Substitute modifies that language.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION.
SA 1 to SB 28PassedHansenThis Amendment makes technical corrections to Senate Bill No. 28. 
SA 1 to SS 1 for SB 47PassedLawsonSS 1 for SB 47 clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway, and defines "yard waste." This Amendment clarifies that placing yard waste on a highway in compliance with state, county, municipal, or private program requirements for collection and disposal of yard waste may not be interpreted to be a violation of 21 Del. C. § 4189. 

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Administration
Education
Housing & Community Affairs
Judiciary

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Judiciary
Labor

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records