Daily Report for 4/1/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 21Passed SenatePettyjohnThis Senate Concurrent Resolution recognizes April 18, 2021 as "National Lineman Appreciation Day" in the State of Delaware. RECOGNIZING APRIL 18, 2021 AS "NATIONAL LINEMAN APPRECIATION DAY" IN THE STATE OF DELAWARE.
SCR 22Passed SenateWilsonThis resolution designates April 6, 2021 as "National Tartan Day" and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware's first governor, John McKinly, was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant and influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41, which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish-American cultural organizations. COMMEMORATING THE OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS MADE BY SCOTTISH-AMERICANS TO THE UNITED STATES BY PROCLAIMING APRIL 6, 2021 AS NATIONAL TARTAN DAY.
SCR 26PassedLockmanThis Senate Concurrent Resolution designates the month of April as “Volunteer Month” in Delaware. DESIGNATING APRIL AS “VOLUNTEER MONTH” IN DELAWARE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 6 w/ SA 1 + HA 1, HA 2Passed HouseSokolaThis Act creates the Delaware Large Capacity Magazine Prohibition Act of 2021. The Act includes clear definitions for the term “large-capacity magazine,” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition. After enactment, possession of large-capacity magazine will be a class B misdemeanor for a first offense and a class E felony for any subsequent offense. Those who possess a prohibited large-capacity magazine when this Act takes effect must, by June 30, 2022, relinquish the large-capacity magazine to a law-enforcement agency in this State. This Act establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
HCR 18PassedMinor-BrownThis Resolution recognizes the week of April 11-17, 2021 as "Black Maternal Health Awareness Week" in Delaware.RECOGNIZING THE WEEK OF APRIL 11 THROUGH APRIL 17, 2021 AS "BLACK MATERNAL HEALTH AWARENESS WEEK" IN DELAWARE.
SA 1 to SB 6PassedSokolaAccording to line 28 of Senate Bill No. 6, law-enforcement officers are exempt from the permit provisions of the bill, provided that they are "acting within the scope of official business." This amendment removes the qualifier that the law-enforcement officer must be “acting within the scope of official business” to be exempt. 
SS 1 for SB 3CommitteeLockmanThis Substitute amends Senate Bill No. 3 by doing the following: (1) Prohibiting the Department of Safety and Homeland Security (“Department”) from retaining a record, data, information, or a report related to the transfer of a handgun for longer than 2 years, except in furtherance of an open criminal investigation or during the course of a criminal prosecution. (2) Redrafting § 1448D(e) of Title 11 to cite to the grounds on which a person is a person prohibited under § 1448 of Title 11, rather than repeating them in § 1448D(e) of Title 11 and potentially create unintentional differences. (3) Making clear that a decision by the Justice of the Peace Court on the denial or revocation of a handgun qualified purchaser card by the Department may be appealed to the Superior Court for a hearing de novo. (4) Delaying the implementation of the requirement to obtain a handgun qualified purchaser card until the Department is ready to implement § 1448D of Title 11 or 18 months from the date of enactment, whichever comes first. Like Senate Bill No. 3, this Substitute does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser card to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. (2) Requires licensed importers, manufacturers, or dealers, as well as unlicensed persons, to require an individual to present the individual's handgun qualified purchaser card before selling or transferring a firearm to an individual. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. An individual licensed to carry a concealed deadly weapon is exempt from this requirement as they must already complete a firearms training course to be licensed. (4) Sends to law-enforcement information that is already collected at the time of sale and required under federal law to be made available to law-enforcement. This change assists law-enforcement in the criminal investigations they already conduct. (5) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records of sales and transfers of firearms for their use during criminal investigations or prosecutions. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
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.
SB 37SignedParadeeThis 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 36SignedParadeeSection 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.
SCR 9PassedBoniniThis resolution commends the Food Bank of Delaware on its 40th anniversary and for its contributions toward ending hunger and resolving the root causes of poverty in the State of Delaware through its increased statewide impact.CELEBRATING THE 40TH ANNIVERSARY OF THE FOOD BANK OF DELAWARE.
SB 66SignedLopezThis 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.
SCR 10PassedLawsonThis Concurrent Resolution recognizes March 29, 2021 as "National Vietnam War Veterans Day" in Delaware.RECOGNIZING MARCH 29, 2021 AS "NATIONAL VIETNAM WAR VETERANS DAY” IN THE STATE OF DELAWARE.
SB 39SignedGayThis bill clarifies that Probation Before Judgment (PBJ) may be entered for multiple charges arising from a single arrest. Changes to the legislation also allow for a defendant to be permitted Probation Before Judgment more than once in a five year period so long as offenses are in different titles of the Code. For example, a defendant who was granted PBJ in 2017 for speeding (title 21) would be eligible for PBJ on a title 11 charge (e.g. bad check) or title 4 (e.g. underage consumption of alcohol) in 2019. This bill also allows persons who have been adjudicated delinquent of a crime as a juvenile to be eligible for Probation Before Judgment. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION BEFORE JUDGMENT.
SCR 15PassedLopezDysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2021 "Dysautonomia Awareness Month" in the State of Delaware.PROCLAIMING OCTOBER 2021 "DYSAUTONOMIA AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 20PassedBoniniThis Resolution recognizes April 2021 as "Parkinson's Disease Awareness Month" in the State of Delaware.RECOGNIZING THE MONTH OF APRIL 2021 AS "PARKINSON'S DISEASE AWARENESS MONTH" IN THE STATE OF THE DELAWARE.
HA 2 to HB 19PassedLonghurstThis Amendment clarifies the definition of “electric bicycle” by providing that an electric bicycle includes a bicycle with an electric motor equal to 750 watts. It also clarifies the definition of “moped”, and permits local authorities and state agencies having jurisdiction over a bicycle or multi-use path to prohibit the operation of any class of electric bicycle on the path if, after notice and hearing, the authority finds the restriction is necessary for safety reasons or for compliance with other laws or legal obligation. This amendment makes clear that an electric bicycle cannot be ridden while using the electric motor on any sidewalk, including a sidewalk permitted to be used by bicycles or any trail or multi-use path that is specifically designated as nonmotorized.  
HA 1 to HB 84PassedGrayThis amendment makes a technical correction. 
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.
HA 1 to HB 32PassedMatthewsThis Amendment clarifies that only the owner of a container is subject to a civil penalty for violating § 1709 of Title 16 and provides that House Bill No. 32 takes effect 90 days after its enactment into law. 
HA 2 to HB 200PassedLonghurstThis amendment names the annual report that the Clean Water Trust Oversight Committee must produce “The Mulrooney Report” after former Representative Michael Mulrooney. This amendment adds that the Strategic Plan include a prioritized list of proposed projects including those projects with increased accessibility to lower-income and traditionally underserved communities. The amendment increases the number of members to The Water Infrastructure Advisory Council by adding a member representing the water utilities, the president of 1 of the conservation districts, and a member of the Farm Bureau, who shall serve as non-voting members, and at the pleasure of the Governor. The Amendment provides that these nonvoting members may provide recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, and tax ditches. This amendment also makes clear that only the voting members of the Water Infrastructure Advisory Council can vote on motions, approve the 6-year water supply and wastewater infrastructure plan, the assessment, and recommendations for loans or grants. Finally, this amendment provides for at least 3 public meetings prior to publication of the initial Annual Report and Strategic Plan, and thereafter, at least 1 public meeting prior to publication of the Annual Report and annually updated Strategic Plan. All such meetings must comply with § 10004 of Title 29. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Elections & Government Affairs
Environment & Energy
Transportation

House Committee Assignments

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Education
Manufactured Housing

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records