Daily Report for 5/13/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 34Passed SenateParadeeThis Concurrent Resolution urges the President of the United States to designate a State Funeral at the time appropriate for the final Medal of Honor recipient from World War II.URGING THE PRESIDENT OF THE UNITED STATES TO DESIGNATE A STATE FUNERAL FOR THE FINAL MEDAL OF HONOR RECIPIENT FROM WORLD WAR II.
HR 11PassedYearickThis resolution encourages State of Delaware employees to make informed decisions about their health care during Open Enrollment and throughout the year as an important step to help control rising health care costs and to maintain high -quality, affordable benefit options now and in the future.ENCOURAGING STATE OF DELAWARE EMPLOYEES TO MAKE INFORMED DECISIONS ABOUT THEIR HEALTH CARE DURING OPEN ENROLLMENT AND THROUGHOUT THE YEAR.
HS 1 for HB 25CommitteeDorsey WalkerThis bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of an application along with a copy of a current and valid government issued photo identification or a current government document displaying the name and address of the person registering to vote. The effective date is January 1, 2022. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SCR 43Passed SenateHansenThis resolution directs the Secretary of the Department of Human Resources to cause the Department to instruct Executive agency human resources to conduct an equity review and analysis for every employee new hire or new promotion across State Executive Branch agencies, including whether there are gender or racial inequities, utilizing the State’s advanced starting salary procedure, when reviewing the starting rate on initial appointment. The Secretary and the Department are also directed to develop a plan to remedy any inequities and issue a comprehensive written progress report to the General Assembly on or before October 30, 2021.DIRECTING THE SECRETARY OF THE DEPARTMENT OF HUMAN RESOURCES TO USE DEPARTMENTAL AUTHORITY THROUGH THE MERIT RULES AND THE STATE BUDGET ACT TO FOCUS CENTRALIZATION EFFORTS ACROSS STATE EXECUTIVE BRANCH AGENCIES TO EVALUATE EQUITY IN COMPENSATION AND SALARY, WITH STARTING RATES ON INITIAL APPOINTMENT AND THE ADVANCED STARTING SALARY PROCEDURE, INCLUDING IN THE CONTEXT OF RACE AND GENDER, AND ISSUE A REPORT ON PROGRESS TO THE GENERAL ASSEMBLY.
HA 2 to HB 175PassedMorrisonThis Amendment removes a walkout from the examples of civic engagement and removes the presumption that an absence is excused when the parent does not receive confirmation of receipt of acceptable written permission. This Amendment also removes the quotation marks around “redeem” and “exchange” in line 24.  
HA 1 to HB 143PassedBaumbachThis Amendment prohibits the Commissioner from granting a license for the sale of alcoholic liquor by any taproom or tavern when there is an existing licensed establishment of similar type within 1200 feet by accessible public road or street in any incorporated city or town, or within nine tenths of a mile by accessible public road or street in any unincorporated or rural area. Recent changes to the Delaware Code increased the required distance between establishments of similar type to one half of a mile in any incorporated city or town and 3 miles outside any incorporated city or town. This Amendment would return the prohibited distance to 1200 feet and nine tenths of a mile. This Amendment also makes a corresponding technical change to § 543(d)(4) and a technical correction to the heading.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HCR 12PassedMorrisonThis resolution recognizes the countless and immeasurable efforts volunteers have made throughout the COVID-19 crisis.RECOGNIZING THE EFFORTS OF VOLUNTEERS IN THE STATE OF DELAWARE.
HB 9 w/ HA 1SignedK. WilliamsThis Act adds the term “adjudication” to this section of the criminal code to enable juvenile defendants to petition the court for their adjudications of delinquency to be vacated and their juvenile criminal record to be expunged in regard to crimes, other than defined violent felonies, committed as a direct result of being victims of human trafficking.AN ACT TO AMEND TITLE 11 OF THE DELAWAE CODE RELATING TO CRIMES.
HB 120PassedK. WilliamsThis Act makes changes to House Bill 202 from the 150th General Assembly creating a pilot program for the Red Clay School District to use external camera systems on their school buses to catch motorists that fail to stop when a school bus is stopped and displaying flashing lamps to take on or discharge school children and assess a civil penalty as punishment. The changes in this bill are necessary to make clear that the Act, which mirrors 21 Del. C. § 4101(d), the State’s Electronic Red Light Safety Program, only creates a civil, not a criminal penalty.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RED CLAY CONSOLIDATED SCHOOL DISTRICT BUS SAFETY CAMERA PILOT PROGRAM.
SB 94 w/ SA 1Out of CommitteeHansenSenate Substitute No. 1 for Senate Bill No. 243 (150th General Assembly) enacted § 10006A of Title 29, which allows an advisory body to hold a virtual meeting, if there is an anchor location that is open to the public, allows any public body to hold public meetings during a state of emergency, and clarified that public bodies must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title 6, unless doing so would present an undue burden. Senate Substitute No. 1 for Senate Bill No. 243 sunsets on June 30, 2021. During the last year, citizens and members of public bodies have become comfortable with virtual meetings and attendance and participation in public meetings has increased because virtual meetings are more convenient and accessible to many citizens. Thus, this Act makes permanent changes to the Freedom of Information Act (“FOIA”), Chapter 100 of Title 29, that allow any public body to hold a virtual meeting if there is a physical anchor location where the public can attend the meeting in person and other notice and access requirements are met. Specifically, this Act does all of the following: 1. Repeals the current video-conferencing provision of § 10006 of Title 29 and the temporary provisions of § 10006A of Title 29 and replaces these sections with permanent virtual meeting requirements. 2. Maintains the requirement that a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation except if doing so imposes an undue burden on a public body whose members are all elected by the public. 3. Requires that a virtual meeting conform to all requirements under FOIA, including adequate notice that includes information on how the public may view and provide comment, if public comment is accepted. 4. Provides that during a state of emergency, or to prevent a public health emergency, all public bodies may hold virtual meetings without an anchor location. 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 § 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 charter issued to a municipal corporation.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 265, VOLUME 82 OF THE LAWS OF DELAWARE RELATING TO THE FREEDOM OF INFORMATION ACT.
SS 2 for SB 78 w/ SA 1Out of CommitteeSturgeonSenate Bill No. 78 enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a school board or the State Board of Education if the member is charged with a crime that would disqualify the individual from holding the position if convicted. 5. Requires the suspension of a charter school board member who is charged with a disqualifying offense. Existing law requires potential charter school board members to undergo and pass a criminal background check to serve as a charter school board member. 6. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The disqualifying convictions under Senate Bill No. 78 are similar to those that cause an educator to lose their license or certificate and the additional qualifications do not apply to current school board members until the expiration of the member’s current term, unless the member is charged with a disqualifying crime while serving. Senate Substitute No. 1 for Senate Bill No. 78 differs from Senate Bill No. 78 as follows: 1. Automatically suspends a member of the State Board of Education or a vocational-technical school district board if the member is charged with a disqualifying crime instead of requiring the Governor to suspend the member. 2. Imposes a 10-year period of ineligibility, instead of a lifetime bar, for someone convicted of a violent felony. 3. Removes the section making this Act effective immediately because legislation is always effective immediately, unless otherwise provided, so that section is unnecessary. Senate Substitute No. 2 for Senate Bill No. 78 differs from Senate Substitute No. 1 for Senate Bill No. 78 and Senate Bill No. 78 as follows: 1. Changes the permanent disqualification of an individual convicted of a felony offense against public administration to a 10-year disqualification like other felonies. 2. Requires a candidate for election to a school board to have requested the background checks by the deadline to file notice of candidacy but provides the State Bureau of Identification and the Department of Services for Children, Youth and Their Families with 15 days to provide the results of the background checks. 3. Revises § 309 to Title 31 so that background check reports required under this Act are provided to the proper entities and makes additional revisions to § 309 to Title 31 for internal consistency within the statute and for consistency with other provisions of this Act.AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO QUALIFICATIONS FOR MEMBERS OF SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION.
SB 124Out of CommitteeEnnisThis Act amends the Charter of the Town of Smyrna ("Charter") to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act: Section 1 clarifies that when property is annexed into Town, included in the annexation are all adjacent streets, roads, and alleys, up to the center line. Section 2 authorized the Town to impose a lodging tax of up to 3% on hotels, motels, and tourist homes. Section 3 authorizes the Mayor to appoint town officers to terms that mirror the remainder of the Mayor's term. Section 4 clarifies the procedures for abandoning and vacating streets and alleys, including the disposition of abandoned or vacated streets or alleys to adjoining property owners. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND THE TOWN CHARTER OF THE TOWN OF SMYRNA.
SB 125Out of CommitteeGayThis bill provides that the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, shall be deemed to be an in-state resident for the purposes of determining the tuition, fees, and other charges at Delaware public universities, colleges, or community colleges as long as the spouse or child remains enrolled at such institution.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SA 1 to SB 94PassedHansenThis Amendment clarifies the requirement public bodies allow a member of the public body to participate through an electronic means of communication as a reasonable accommodation and that the undue burden exception under disability law applies to all public bodies. 
HCR 25PassedGriffithThis Resolution recognizes May 17, 2021 as the 67th anniversary of Brown v. Board of Education of Topeka.RECOGNIZING MAY 17, 2021 AS THE 67TH ANNIVERSARY OF BROWN V. BOARD OF EDUCATION OF TOPEKA.
SA 1 to SS 2 for SB 78PassedSturgeonThis Amendment removes the disqualification for convictions for possession of a personal use quantity of marijuana or drug paraphernalia. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 56PassedSturgeonThis Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools.AN ACT TO AMEND THE DELAWARE CODE RELATING TO EDUCATIONAL OPPORTUNITY FUNDING.
SB 61SignedEnnisThe Agricultural Lands Preservation Act allows existing farm structures that are no longer in use, but which existed when the farmland was placed in the preservation program, to be converted to use for public gatherings under specific limitations. Experience has shown that these existing limitations do not adequately allow for renovation and modernization of these farm structures to accommodate the public gathering uses. This Act provides flexibility so a farm owner may upgrade the otherwise unused farm structures, while continuing to provide protection regarding agricultural activities conducted on the farmland. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RELATED USES OF FARM STRUCTURES IN AN AGRICULTURAL PRESERVATION DISTRICT.
SB 60 w/ SA 1SignedLopezThis Act allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients. This Act does not require the Department of Health and Social Services to promulgate new regulations before implementing this Act because § 10113 of Title 29 exempts amendments to existing regulations to make them consistent with changes in basic law from the process otherwise required under Chapter 101 of Title 29. 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 MEDICAL MARIJUANA.
SCR 12PassedLawsonThis concurrent resolution recognizes the month of May 2021 as "Healthy Vision Month" in the State of Delaware. RECOGNIZING THE MONTH OF MAY 2021 AS "HEALTHY VISION MONTH" IN THE STATE OF 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.
SCR 30PassedWilsonThis resolution recognizes April 26 - May 1, 2021 as "Auctioneers Week" in the State of Delaware.RECOGNIZING APRIL 26 - MAY 1, 2021 AS "AUCTIONEERS WEEK" IN THE STATE OF DELAWARE.
SCR 32PassedLopezThis resolution proclaims May 2021 "Cystic Fibrosis Awareness Month" in the State of Delaware.PROCLAIMING MAY 2021 "CYSTIC FIBROSIS AWARENESS MONTH" IN THE STATE OF DELAWARE.
HA 1 to HB 91PassedBentzThis amendment modifies the definition of “unfair practice” to more closely follow the definition of “unfair trade practice” currently used by the Federal Trade Commission, and reflects negotiations with stakeholders regarding the Act. 
SCR 31PassedLopezThis concurrent resolution designates the month of May 2021 as "Lyme Disease Awareness Month" in the State of Delaware.DESIGNATING THE MONTH OF MAY 2021 AS "LYME DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 28PassedBrownThis Senate Concurrent Resolutions proclaims April 2021 as "Second Chance Month" in the State of Delaware.PROCLAIMING APRIL 2021 AS "SECOND CHANCE MONTH" IN THE STATE OF DELAWARE.
HA 1 to HB 137PassedDukesThis amendment makes technical corrections to the minimum age requirements for candidates for Mayor and Town Council. 
SCR 39PassedPooreThis resolution designates May 2-9, 2021, as "Tardive Dyskinesia Awareness Week" in Delaware.DESIGNATING MAY 2 – 9, 2021, AS “TARDIVE DYSKINESIA AWARENESS WEEK” IN DELAWARE.
HA 1 to HS 1 for HB 134PassedSpiegelmanThis amendment removes the granting of internet services from the bill as there is a federal pre-emption that prevents any town from granting these service areas.  
SCR 40PassedPettyjohnThis Concurrent Resolution designates the week of May 10, 2021 to May 16, 2021 as “National Charter Schools Week” and commends Delaware's charter public schools for their efforts in educating Delaware students.DESIGNATING THE WEEK OF MAY 10, 2021 TO MAY 16, 2021 AS NATIONAL CHARTER SCHOOLS WEEK.
HA 1 to HB 128PassedGriffithThis Amendment clarifies that the type of services to be provided to eligible students under HB 128 are those transition services necessary to support a child’s achievement of post-secondary goals because students turning 21 in the 2020-2021 school year are transitioning to post-secondary activities. If transition services and activities for those students were adversely affected by the State of Emergency Due to the Public Health Threat caused by the COVID-19 pandemic, the student so affected will be offered an extension of services until post-secondary goals are met or the end of the 2021-2022 school year, whichever is earlier. The IEP team will determine whether there is a basis for extension of services and if so, the nature and duration of the services to be provided. This Amendment also clarifies the source of funding for services to be provided to eligible students is federal funding through the Elementary and Secondary School Emergency Relief Fund. Accordingly, eligible students will not be included in the annual unit count. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Education
Elections & Government Affairs
Finance
Labor
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Health & Human Development
Labor
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Banking, Business & Insurance
Education
Elections & Government Affairs
Environment & Energy
Executive
Health & Social Services
Housing

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

NomineeStatusCommission/BoardReappointment
Berberian, JackConfirmedMember of the Delaware Harness Racing CommissionReappointment
Wagner, Patricia A.ConfirmedMember of the Delaware Harness Racing CommissionReappointment