Daily Report for 6/3/2021

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 18SignedOsienskiThis Act revises the requirements for the shape of a Complete Community Enterprise Districts (“District”) to maximize the use of transit, walking, and bicycling by residents and employees. Specifically, this Act does all of the following: 1. Eliminates the minimum size. 2. Requires the District to contain more than 1 parcel and that part of at least 1 parcel be within a ½ mile from a bus or rail stop or station. 3. Requires the District to include adjacent neighborhoods within a ½ mile from a bus or rail stop or station. 4. Prohibits a district from being in the shape of a linear corridor and requires that each parcel of land in the District is zoned to maximize the use of transit, walking, and bicycling. 5. Requires that a District be part of a master development plan that maximizes the use of transit, walking, and bicycling by residents and employees. This Act also repeals the definition of "isoperimetric quotient" because the term is being removed and replaced with paragraphs (3), (7), and (9) of § 2104 of Title 2, in the revised requirements for a Complete Community Enterprise District. AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO COMPLETE COMMUNITY ENTERPRISE DISTRICTS.
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 55 w/ HA 1SignedMatthewsIn 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 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 68SignedMichael SmithThe National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day. Senate Bill No. 87 was not drafted as an amendment to the Delaware Code and so was not included in the Delaware Code. This Act codifies Senate Bill No. 87 into § 408 of Title 29 to conform § 408 with existing Delaware and federal law in recognition of this State's commitment to our Veterans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND VOLUME 68, CHAPTER 88 OF THE LAWS OF DELAWARE, RELATING TO BUILDINGS AND GROUNDS
HB 70SignedChukwuochaThis Act revises the bureaus established within the Department of Correction. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ESTABLISHMENT OF BUREAUS WITHIN THE DEPARTMENT OF CORRECTION.
HB 72SignedMinor-BrownThis Act creates the position of Deputy Commissioner of Correction.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF A DEPUTY COMMISSIONER OF THE DEPARTMENT OF CORRECTION.
HB 73SignedMinor-BrownThis Act reflects a recommendation of the 2019 Comprehensive Reentry Plan and Progress Report which allows the Department of Corrections, Probation and Parole officers the flexibility to recommend to a court house arrest (Level IV home confinement) for any probation violator in appropriate circumstances. Under current law, Probation and Parole may not recommend house arrest (Level IV home confinement) for a person who violates probation if the person was initially convicted of a “violent crime.” Accordingly, recommendations pertaining to probation violations for persons convicted of a “violent crime” are limited to Levels 1-3 (a lower level of supervision) or Level V (incarceration) which may be excessive and costly. The Act also makes non-substantive changes to existing law to make it conform to the Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND PAROLE RECOMMENDATONS FOR HOUSE ARREST.
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.
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.
HB 78SignedOsienskiThis bill extends the amount of years an identification card is valid from four (4) to eight (8) years. This bill is necessary for the Division of Motor Vehicles to maintain consistent business processes. The driver license is currently valid for eight (8) years, and this change would maintain consistency with the driver license requirement.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO NONDRIVER IDENTIFICATION CARDS.
SB 45SignedSturgeonThis Act creates a special license plate for members of the nonprofit organization, atTAcK addiction. 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. 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 SPECIAL LICENSE PLATES.
HB 83SignedSchwartzkopfIn January 2020, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 150th General Assembly in 2019 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. An explanation of the changes made by each Section of the Act follows: Section 1. This Section corrects a typographical error. According to the U.S. Department of Veterans Affairs, the correct spelling of the name of the holiday is “Veterans Day.” Section 2. House Amendment No. 1 to Senate Bill No. 44 of the 150th General Assembly made only the first and second violations of § 904(f) of Title 4 a civil violation. However, the language added by HA 1 to SB 44 did not indicate how to classify third or subsequent violations, leading to ambiguity. This Section clarifies that a third or subsequent violation of § 904(f) of Title 4 is an unclassified misdemeanor. Section 3. This Section corrects the form of the citation to the Administrative Procedures Act in in § 903 of Title 7 because it was improperly drafted in House Bill No. 6 of the 150th General Assembly. Section 4. This Section corrects a drafting error made in House Bill No. 350 of the 150th General Assembly. As enacted, § 607A(f) of Title 11 states that the person charged with violating the section’s prohibition of chokeholds decides if other charges are filed against them. This Section revises subsection (f) to reflect the intent of HB 350, which is not to preclude other charges from being brought against a person charged under § 607A(f) of Title 11. Section 5. This Section corrects a drafting error made in House Bill No. 246 of the 150th General Assembly. The word-wrapping in HB 246 caused a phrase and a sentence that had been at the end of § 761(g) of Title 11, where it applied to current paragraphs (g)(1) to (g)(3), to become part of only (g)(3). This Section revises § 761(g) of Title 11 so that both the phrase and sentence clearly apply to paragraphs (g)(1)a. through (g)(1)c. by moving the phrase to the beginning of subsection (g) and the sentence is redesignated. Section 6. This Section corrects a drafting error in House Bill No. 77 of the 150th General Assembly. In HB 77, the second sentence of § 827 of Title 11 did not exist in the Code but was not underlined. Under § 109(d)(1) of Title 1, because the sentence was not underlined, it could not be added to the Code. HB 77 repealed “or home invasion” from the first sentence of § 827 of Title 11. This Section adds the sentence that was not underlined in HB 77 to § 827 of Title 11 because the sentence corresponds to the change HB 77 made in the first sentence, by addressing multiple offenses involving home invasion burglary. Section 7 and Section 9. These Sections change the word “person” to “individual” in § 1123 and § 1126 of Title 11, when referring to someone under the age of 21, consistent with how this change was enacted by Senate Substitute No. 1 for SB 25 of the 150th General Assembly in other sections of this chapter. Section 8. This Section revises § 1125 of Title 11 by removing references to § 1124 of Title 11 which was repealed by Senate Substitute No. 1 for SB 25 of the 150th General Assembly. Section 10. This Section corrects the name of the Division identified in § 4213 of Title 11. Section 4213 of Title 11 references the Division of Drug Abuse Control, which was abolished by Executive Order in 1974. Under that Executive Order, the Division of Drug Abuse Control’s duties were assumed by what is now the Division of Substance Abuse and Mental Health. Section 11. This Section corrects an error in Senate Substitute No. 1 to Senate Bill No. 37 of the 150th General Assembly. This Section clarifies that an offense listed in § 4373(1)b. of Title 11 may be a misdemeanor or a violation, as one of the Code sections on the list, § 821 of Title 11, is a violation, not a misdemeanor. Section 12. This Section corrects an internal reference in § 8405 of Title 11. House Bill No. 2 of the 148th General Assembly added a new subsection (d) to § 8405 of Title 11, which changed the designation of the existing subsection (d) to subsection (e). However, no corresponding change was made in subsection (a) of § 8405 of Title 11 which references the subsection that was designated (d) before the enactment of HB 2. This Section corrects the reference in § 8405(a) to subsection (e) and the name of the Department of Safety and Homeland Security. Section 13. This Section adds the words “disposition of” to correct the name of the document referenced in §1313 of Title 12. These words were omitted from House Bill No. 335 of the 150th General Assembly in error. Section 14. This Section corrects the name of the federal agency that administers Department of Veterans Affairs benefits in § 3981 of Title 12. Section 15. This Section corrects drafting errors made in Senate Bill No. 148 of the 150th General Assembly to correct a reference to the Code and conform § 1008 of Title 14 to the standards of the Delaware Legislative Drafting Manual. Section 16. This Section corrects a drafting error made in Senate Bill No. 187 of the 150th General Assembly. House Bill No. 12 of the 150th General Assembly, which revised § 347 of Title 31, governing the Provider Advisory Board for OCCL, was enacted on July 31, 2019, after being passed by the Senate on June 19, 2019. SB 187 transferred the Office of Child Care Licensing (“OCCL”) from the Department of Services for Children, Youth and Their Families to the Department of Education. However, instead of transferring the existing OCCL subchapter from Title 31 to Title 14, SB 187 repealed Subchapter III of Chapter 3 from Title 31 and created it as a new Chapter 30A in Title 14. SB 187 was introduced and passed both chambers on June 30, 2019 and enacted on August 5, 2019. SB 187 repealed § 347 of Chapter 31 and used the pre-HB 12 language for § 347 to create a new statute, § 3007A, for the Provider Advisory Board in Chapter 30A of Title 14. Because SB 187 was enacted after HB 12, the revisions made by HB 12 did not transfer to the new § 3007A of Title 14. The Synopsis of SB 187 does not indicate that the legislation makes any revisions to the provisions of the Code governing OCCL. This Section restores the changes enacted by HB 12 to the Provider Advisory Board. Section 17. This Section corrects the name of the entity that administers the Ivyane D.F. Davis Memorial Scholarship Fund (“Fund”). Senate Bill No. 235 of the 149th General Assembly gave responsibility for administering this Fund to the Child Protection Accountability Committee instead of the Child Placement Review Board, which no longer exists. However, the corresponding changes to the “Board” in § 3445 of Title 14 were not changed to “Committee”. This Section replaces the word “Board” with the word “Committee” throughout § 3445 of Title 14 to correctly reference the entity that administers the Fund. Section 18. This Section corrects a drafting error in Senate Bill No. 3 of the 149th General Assembly by revising the definition of “stillbirth” in § 3101 of Title 16 to include a birthweight of 350 grams instead of birthweights in excess of 350 grams. This conforms the definition to the applicable standard for reporting fetal deaths. Sections 19 through 21. These Sections remove reference to § 4761(b) of Title 16 from other sections of Title 16, because § 4761(b) was repealed by Senate Bill No. 47 of the 150th General Assembly. Section 22. Chapter 87 of Title 18 was enacted by House Bill No. 193 of the 150th General Assembly. This section corrects the citation to the Affordable Care Act in § 8701 of Title 18 which was incorrectly drafted in HB 193. Section 23. This Section corrects an engrossing error made when Senate Bill No. 266 of the 146th General Assembly was enacted. Senate Amendment No. 1 to SB 266 only changed line 32 of SB 266 but line 33 was also deleted. This Section restores the language from line 33 of SB 266, so the sentence has the complete name of the special license plate. Sections 24 through 25. These Sections remove references to § 1012 of Title 10 from § 2702 and § 2707 of Title 21, because § 1012 was repealed by House Bill No. 197 of the 150th General Assembly. This Section also removes additional references to repealed sections of the Delaware Code. Section 26. This Section removes a reference to paragraph (a)(3)d. of § 3708 of Title 24 because paragraph (a)(3)d. was repealed by House Bill No. 43 of the 150th General Assembly. Section 27. Senate Bill No. 18 of the 150th General Assembly repealed paragraph (c)(6) of § 707 of Title 26 but did not make any corresponding revision to § 315(e) [Effective June 14, 2025] of Title 26 which cites the repealed paragraph. This Section revises § 315(e) of Title 26 by removing the reference to the repealed paragraph. Sections 28 through 35. House Bill No. 66 of the 150th General Assembly changed the name of the Department of Transportation’s “Capital Improvements Program” to “Capital Transportation Program” in §§ 8409 and 8419 of Title 29 and incorrectly changed the name of the “State Capital Improvement Program” in § 8409(b)3)a. of Title 29. HB 66 did not revise the name of the Department of Transportation’s “Capital Improvement Program” everywhere the program is mentioned in the Code. These sections correct the names of both the “Capital Transportation Program” and the “State Capital Improvement Program” throughout the Code for clarity and consistency. Section 36. This section repeals subsection (l) of § 6960 of Title 29 because when House Bill No. 145 of the 148th General Assembly created the Prevailing Wage Advisory Committee (“Committee”), it also sunset the Committee in 2019. Section 37. House Bill No. 127 of the 150th General Assembly revised § 8721 of Title 29. In the last sentence of subsection (b) of § 8721, HB 127 used the words “Executive Director and staff” instead of “employees” but did not strike through the existing word, employees, or underline “Executive Director and staff.” This section replaces the word “employees” with the words “Executive Director and staff” as intended by HB 127. Section 38. Senate Bill No. 125 of the 150th General Assembly did not use strike through and underline when moving the commas in § 1606(d) of Title 30. This section corrects the placement of the commas. Sections 39 through 41. House Bill No. 232 of the 150th General Assembly increased the jurisdictional limit of the Justice of the Peace Court to $25,000. These sections make corresponding changes to §§ 9536, 9572, and 9583 of Title 10. Sections 42 through 44. Senate Bill No. 195 of the 150th General Assembly revised the Charter of Greenwood (“Charter”). Sections 42 and 43 correct typographical errors in Section 19 and 27 of the Charter. Section 44 corrects the hierarchy in Section 44 of the Charter.AN ACT TO AMEND TITLE 1, TITLE 2, TITLE 4, TITLE 7, TITLE 10, TITLE 11, TITLE 12, TITLE 14, TITLE 16, TITLE 17, TITLE 18, TITLE 21, TITLE 24, TITLE 26, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE AND THE CHARTER OF THE TOWN OF GREENWOOD RELATING TO TECHNICAL CORRECTIONS.
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.
HB 99SignedCarsonThis Act confirms that nursery stock as defined in Title 3, Chapter 13, Nurseries and Nursery Stock, includes clones and seedlings. 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 AGRICULTURE.
SB 76SignedSturgeonThis Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths. This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS.
SB 77SignedHansenThis Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE COMMUNITY-BASED NALOXONE ACCESS PROGRAM.
HB 4 w/ HA 1SignedCarsonSection 1 clarifies the definitions for animal exposed to rabies, control and observation, exotic animals, human exposed to rabies, owner, rabid animal, rabies vector species, strict quarantine, scratch, and suspect rabid animal. Section 2 clarifies the reporting requirements for a medical practitioner, hospital, veterinarian, or other person with knowledge of a person or animal suspected of being exposed to rabies. Section 3 requires veterinarians providing rabies vaccines to be licensed veterinarians and removes the Department of Natural Resources and Environmental Control from the list of entities authorized to inspect a cat or ferret owner’s certificate of a valid rabies vaccination. Section 4 provides that no licensed veterinarian or other person may vaccinate a native wild animal, a native wild animal hybrid, an exotic mammal or an exotic mammal hybrid with a rabies vaccine not intended for use in that animal except when specifically approved by the Department of Agriculture. Section 6 modifies the requirements for management of animals exposed to rabies including requirements for reports of suspected rabies exposure, requirements for release of quarantine, reporting of conditions of quarantine, disposition during quarantine, and surrender of dogs, cats, or ferrets for quarantine. Section 7 clarifies the responsibility and liability of an owner of an animal known or suspected to have exposed a human to rabies. Section 7 also establishes that law enforcement canines are not subject to being quarantined after biting a person if such bit occurred while the dog was being used for a law enforcement purpose. Section 10 removes the provision allowing the Director of Division of Public Health to require the reporting of all cases where humans were bitten by an animal known to transmit rabies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RABIES CONTROL.
SB 84SignedSturgeonThis Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency. Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE, NEGLECT, MISTREATMENT, FINANCIAL EXPLOITATION, OR MEDICATION DIVERSION OF RESIDENTS OR PATIENTS.
HB 128 w/ HA 1SignedGriffithThis Act permits the extension of special education and related services to those students with a disability who turn 21 during the 2020-2021 school year to address unfinished learning as a result of the pandemic which resulted in the COVID-19 Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat declared by the Governor on March 12, 2020. The IEP for the child must be revised to reflect the specific basis for extending services and the specific education and related services that will be provided.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXCEPTIONAL CHILDREN.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 208CommitteeWilson-AntonThis Act establishes updated, detailed standards for the practice of hearing aid dispensing. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. The Board is given the authority to establish by rule and regulation standards for the sale of hearing aids. This Act will provide clarity and guidance for the public and for hearing aid dispensers. These changes track statutory language used in neighboring states, such as Maryland, Pennsylvania, and New Jersey. This Act clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act states that a hearing aid applicant may be supervised by either an audiologist or hearing aid dispenser during the training period. This Act amends provisions relating to examination to comport with current practice. This Act provides that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act requires licensees to update their addresses with the Board. Finally, this Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS AND HEARING AID DISPENSERS.
HA 1 to HB 173PassedChukwuochaThis Amendment clarifies that the parent or guardian of a military-connected student may preliminarily enroll the student by remote registration in a school district or charter school. 
HB 225CommitteeMorrisonThis Act requires private and public employers in the State to give any employee who is scheduled to work at least 8 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote. The Act excludes employees working for the federal government as well as any private or public employee who is party to a collective bargaining agreement. Employees must give employers 2 working days’ notice in advance of an election that the employee intends to use paid leave to vote. Employers must post notice of the rights created in the Act. For private sector employees, enforcement of the Act is through the Department of Labor; private sector employers who violate the Act will be subject to a civil penalty of a minimum of $500 and maximum of $1,000. A private employer who discriminates against an employee for exercising the rights created by the Act is liable for a civil penalty of $1,000 to $5,000. A public employee is entitle to bring an action for actual damages if the public employer takes an adverse action against the employee for exercising the right to paid leave to vote.AN ACT TO AMEND TITLES 19 AND 29 OF THE DELAWARE CODE RELATING TO PAID TIME OFF TO VOTE.
HA 2 to HB 150PWBBriggs KingThis amendment adds the requirement that marijuana testing facilities shall achieve accreditation within the first applicable licensing period. 
SA 1 to HB 7PassedPinkneyThis amendment increases the size of the Adult Correction Healthcare Review Committee and adds as a member an organization that serves inmates and inmates' families. 
HB 209CommitteeCollinsThis Act protects the rights of individuals who do not receive COVID-19 vaccinations. This will prohibit the state, schools, political subdivisions, and certain recipients of state funds from denying access or services to such persons.AN ACT TO AMEND TITLES 29 AND 19 OF THE DELAWARE CODE RELATING TO COVID-19 IMMUNIZATION RIGHTS.
HA 1 to HB 195StrickenSmykThis amendment requires the Council on Police Training to include the Delaware State Troopers Association and the Delaware Fraternal Order of Police in discussions concerning the regulations for the use of body worn cameras by police officers and requires that both review the regulations prior to formal approval of the Council. 
HB 217CommitteeBushThis Bill adds God's Way Ministries Inc. to the list of not-for-profit organizations exempt from real property taxation.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO TAX EXEMPT NOT-FOR-PROFIT ORGANIZATIONS.
SB 163CommitteeLawsonThis Act more closely aligns the meaning of agricultural, horticultural, and forestry land use with the U.S. Census Bureau’s definition of “farm,” which, since the 1974 Census, has included “any place from which $1,000 or more of agricultural products were produced and sold . . . during the year.” This alignment will ensure a more equitable tax treatment of farms throughout Delaware. Under this Act, the use qualifies as agricultural, horticultural, or forestry only if, during the applicable year, the use results in $1,000 or more of products being produced or sold, the owner of the land files a Schedule F (Profit or Loss From Farming) form with the U.S. Internal Revenue Service, and the use is made on at least 10 acres. “Applicable year” means the calendar year immediately before the February 1 that an application for valuation is due under § 8334(3) of Title 9. This Act keeps the existing Delaware law that allows contiguous parcels to be combined to reach the required threshold. This Act also clarifies that an application for valuation must be submitted on the next official business day if February 1 falls on a weekend day or legal holiday. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including citing to § 8333 within § 8334, both of Title 9, instead of duplicating identical language in 2 places in the Code.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO FARMS.
HA 3 to HB 150PWBSpiegelmanThis amendment changes the definition of "disproportionately impacted area". It also expands the definition of "locality" to include county governments. It imposes an obligation on the Commissioner to not impose regulations that would be an unreasonably impracticable burden to the industry. This amendment also alters language regarding small businesses promoting diversity. It adds requirements to the list of "best practices" and to the criteria for the competitive scoring process for all license types. It revises language regarding an applicant's plans for operations, training, and staffing, and alters the criteria for the competitive scoring process for open license types. It amends the definition of "social equity applicant". This amendment also removes the proposed statute § 1331, regarding Financial Assistance. It also makes a technical correction to the bill. 
HB 231CommitteeSmykThis bill requires transparency in the use of risk assessment instruments and requires empirical data that the instrument does not increase or magnify bias against any protected class.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.
SB 165CommitteeHansenSafe accommodation of Renewable energy delivery lines in the State ROW will foster the development of renewable energy sources in Delaware and secure a clean energy future for Delawareans. This legislation will limit the accommodation only to the extent necessary to allow connection to the electric power grid; to avoid interference with existing public uses; and to charge a fair market rental rate under this Chapter for use of the ROW.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE RENEWABLE ENERGY DEVELOPMENT ACT.
HA 2 to HB 100PassedLonghurstThis amendment phases implementation of House Bill No. 100 out over three years in regard to school counselors, licensed clinical social workers, and school social workers. Current ratios of students to these professionals far exceed those recommended by leading counseling and mental health organizations. Gradual implementation is needed to allow Delaware school districts time recruit and retain these critical positions. This amendment also provides districts flexibility to allocate units where needed most, prioritizing disadvantaged students and students with special needs. Additionally, it adds district Pre-Kindergarten to the strategic plan. The amendment also makes technical corrections since there was duplication of many of the "Whereas" clauses. 
HA 1 to HB 80PassedSchwartzkopfThis amendment changes House Bill 80 by clarifying the following: (1) The revised pension multiplier only applies to years of service on or after January 1, 2022; (2) That the employee contribution for a correction officer or specified peace officer is 7% of all annual compensation. This amendment also adds State Police Drug Diversion Unit agents, who are not Delaware State Police Troopers, to the definition of “specified peace officer”, and makes clear that Delaware State University police officers are also "specified peace officers". 

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Agriculture
Banking, Business & Insurance
Corrections & Public Safety
Education
Elections & Government Affairs
Environment & Energy
Health & Social Services
Housing
Judiciary
Labor
Transportation

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Housing & Community Affairs
Judiciary
Natural Resources
Public Safety & Homeland Security
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)
Transportation/Land Use and Infrastructure

Senate Committee Report

No Senate Committee Report

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