Daily Report for 3/30/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 14PassedRichardsonThis Resolution recognizes April 2021 as "Child Abuse Prevention Month" in the State of Delaware.RECOGNIZING APRIL 2021 AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF DELAWARE.
SCR 19PassedWilsonThis Concurrent Resolution recognizes September 2021 as "Prostate Cancer Awareness Month" in the State of DelawareRECOGNIZING SEPTEMBER 2021 AS "PROSTATE CANCER AWARENESS" MONTH IN THE STATE OF DELAWARE.
HB 139CommitteeSmykIn 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.
HA 2 to HB 82StrickenD. ShortThis amendment adds a new Enactment Clause with a 3/5 vote requirement required when new fees are being authorized. Additionally the fees for certain certifications are required to be based upon actual costs unless the fee is otherwise specifically authorized by other provisions of the title. Finally the Commission is authorized to impose civil penalties or fines that are authorized under Chapter 66 of Title 16. 
HA 1 to HB 84PassedGrayThis amendment makes a technical correction. 
HA 1 to HB 5PassedK. WilliamsThis amendment adds a representative from the Delaware Manufactured Home Relocation Authority Board to the list of individuals who may attend a final meeting and makes technical changes. 
SCR 23PassedGayThis resolution recognizes April 10 through 16, 2021 as "Week of the Young Child" in Delaware.RECOGNIZING APRIL 10 THROUGH 16, 2021, AS "WEEK OF THE YOUNG CHILD" IN DELAWARE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 63 w/ SA 1, SA 2CommitteeEnnisThis 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 reflect its current structure more accurately.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING.
SB 72SignedS. McBrideThis Act clarifies that discrimination against any person because of religion is illegal under Chapter 45 of Title 6, the Delaware Equal Accommodations Act. Religion and religious beliefs were always intended to be protected under the Delaware Equal Accommodations Act through the word "creed" and this Act codifies that understanding, consistent with the Superior Court’s decision in Boscov’s Dep’t Store v. Jackson, 2007 Del. Super. LEXIS 37. This Act adds the term “religion” to the list of prohibited bases for discrimination and defines “religion” to include all aspects of religious observance and practice, not just belief. This Act also updates the forms of communication covered by the Delaware Equal Accommodations Act so the list includes notices or advertisements on television or the Internet. This Act is known as "The Religious Freedom for All Act". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.
HCR 11PassedK. WilliamsCholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2021 as "World Cholangiocarcinoma Day" in Delaware.RECOGNIZING FEBRUARY 12, 2021 AS "WORLD CHOLANGIOCARCINOMA DAY" IN DELAWARE.
SB 40PassedBrownThis bill allows the Court to suspend an amount of the fine for uninsured driving if the defendant provides evidence that they have now secured insurance, demonstrating compliance with the law. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REQUIREMENT OF INSURANCE FOR ALL MOTOR VEHICLES.
SB 5SignedGayThis Act creates an automatic voter registration system at the Delaware Division of Motor Vehicles (DMV) and grants the State Election Commissioner the authority to implement automatic voter registration at other state agencies that already offer voter registration services under existing law. This Act stipulates that an unregistered adult citizen who provides proof of U.S. citizenship during a DMV license or identification card transaction will be automatically registered to vote by the Department of Elections, if otherwise eligible for registration. To ensure the accuracy of voter rolls, this Act also ensures any updated name or address received from a registered voter during a DMV license or identification card transaction will be automatically forwarded to the Department of Elections for the purpose of updating existing voter registration records. Using an existing mailer, the Department of Elections then will notify new registrants of their registration and provide them an opportunity decline registration or affiliate with a political party. Existing registrants will similarly be notified of any update to their registration using an existing mailer and provided an opportunity to undo the change, if necessary. People who register to vote under this automatic system but do not identify a specific political party will be afforded another opportunity to affiliate at the polls during the primary election immediately following their registration. To prevent ineligible non-citizens from registering to vote, individuals who provide documents establishing non-citizenship during a DMV transaction and individuals applying for the Delaware Driving Privilege Card will not be offered the opportunity to register to vote at the DMV and will not have any information forwarded to the Department of Elections. Unregistered individuals who do not provide proof of U.S. citizenship or proof of non-citizenship during a license or identification card transaction will be offered the opportunity to register to vote during the DMV transaction only if they affirm citizenship and other eligibility requirements, consistent with federal law requirements and existing law. This Act becomes effective two years after enactment, or five days after the State Election Commissioner certifies to the Governor and the General Assembly that the systems to implement the act are functional, whichever is earlier. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VOTERS.
HCR 16PassedBentzThis Concurrent Resolution recognizes March 2021 as Rare Kidney Disease Month in Delaware.RECOGNIZING THE MONTH OF MARCH 2021 AS “RARE KIDNEY DISEASE AWARENESS MONTH” IN DELAWARE.
SB 89 w/ SA 1SignedMantzavinosThis Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Provides definitions of terms used on traffic control devices that limit the size or weight of vehicles or prohibit the operation of trucks or other commercial vehicles on the highway, including terms that provide exceptions to posted prohibitions, including “local service” and “residential service”. (2) Requires the Secretary, and a municipality exercising its authority under § 134(e) of Title 17 (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limits as to the weight of trucks or other commercial vehicles on designated highways), to submit an order issued under this Act to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (3) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (4) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (5) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS.
SA 1 to SB 63PassedEnnisThis Amendment clarifies a circumstance that this Act may not be construed to restrict. 
SA 1 to SB 89PassedMantzavinosDue to the nature of height and weight restrictions, exceptions for local service or residential service are not permitted. Currently, height restrictions are imposed by the Secretary of the Department of Transportation ("Secretary") under the general authority to restrict commercial vehicle traffic on certain roads. This Amendment creates special, separate authority for the Secretary to impose height restrictions. This Amendment also requires exceptions for local service or residential service on roads where commercial vehicles are otherwise prohibited.  
SA 2 to SB 63PassedEnnisThis Amendment adds a preamble to the bill to articulate the legislative intent of the bill.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 33 w/ HA 1 + SA 1SignedK. JohnsonThis bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. The bill retains a 1:4 ratio of physician assistants to physicians, unless a regulation of the Board increases or decreases the number. This limit of 1:4 does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department. This bill adds 2 physician assistants members recommended by the Regulatory Council for Physician Assistants to the Board of Medical Licensure and Discipline in lieu of 2 public members. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHYSICIAN ASSISTANTS.
SB 41SignedPettyjohnThis 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.
SB 57SignedParadeeThis Act amends the Charter of the Town of Wyoming (“Charter”) to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act: (1) Section 1 changes when newly elected Town Council members take office. Instead of waiting from the date of the election in February until May to take office, new council members would take office at an organizational meeting to be held as soon as possible following the sixth day from the certification of the election. (2) Section 2 simplifies the process for filling a vacancy on Town Council. (3) Section 3 is correlated with Section 1 and clarifies when new council members take office. Additionally, this Section establishes at will employment for all employees who do not have an employment contract. (4) Section 4 clarifies that the Mayor is authorized to vote as a member of Council in all situations and not just to break a tie and establish a majority vote. (5) Section 5 authorizes the Town to hire a Police Chief pursuant to an employment contract and allows the Town to not renew an employment contract without a finding of just cause or holding a hearing under Chapter 93 of Title 11 of the Delaware Code. (6) Section 6 establishes procedures for the Town to hire a Town Manager. (7) Section 7 authorizes the Town to issue quarterly supplemental tax assessment invoices for those properties that have had quarterly supplemental tax assessments completed by Kent County. Invoices paid within 30 days of the mailing of the supplemental tax invoice are to be given a 3% discount, and any invoices paid more than 90 days after the mailing of the supplemental tax invoice are subject to penalties and collection procedures outlined in the Charter. (8) Section 8 allows the Town to make allowances for delinquent taxes. This Section amends the Town’s ability to recover costs associated with collection proceedings to more closely reflect the monition method of collecting outstanding taxes. This Section clarifies that costs or assessments are subject to the lien process. (9) Section 9 authorizes the Town to enforce the removal of snow, ice, and dirt from sidewalks and gutters and authorizes the Town to assess individual members of a homeowners’ association for expenses incurred by the Town to bring property owned by the association into compliance with Town and State laws when the homeowners’ association fails to pay the amounts or has ceased to operate. 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 municipal charter. Finally, this Act makes technical corrections to conform the Charter to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING.
SB 69SignedSokolaUnder House Bill No. 354, which was enacted by the 150th General Assembly, death certificates may be electronically filed with the Delaware Vital Events Registration System until March 30, 2021. This Act removes the sunset provision, so that death certificates may continue to be electronically filed.AN ACT TO AMEND CHAPTER 268, TITLE 82 OF THE LAWS OF DELAWARE RELATING TO DEATH CERTIFICATES.
HA 1 to HB 9PassedK. WilliamsThis Amendment clarifies that the term adjudication, as it relates to juveniles, means adjudication of delinquency. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Corrections & Public Safety
Education
Elections & Government Affairs
Judiciary

House Committee Assignments

Committee
Administration
Appropriations
Judiciary
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Agriculture
Health & Social Services

House Committee Report

No 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