Daily Report for 6/17/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 52Passed SenateLawsonThis resolution honors USO Delaware for their important and inspiring work supporting military members and their families. HONORING USO DELAWARE FOR ITS IMPORTANT AND INSPIRING WORK SUPPORTING MILITARY MEMBERS AND THEIR FAMILIES.
HA 1 to HB 176PassedKowalkoThis amendment makes the following changes: 1. Simplifies the definition of "maintenance". 2. Clarifies that the services rider must indicate the dividing point for landlord and tenant responsibilities only for utilities. 3. Clarifies that this exemption does not apply to constructed community assets. 4. Changes the required industry standards to those established by the International Society of Arboriculture because the American Association of Nurserymen ceased to exist by 2007.  
HA 1 to HB 214PassedCarsonThis amendment does the following: 1. Makes technical corrections. 2. Lowers the reserve amount for the Disabled Veterans Property Tax Relief and Education Expense Fund to $1 million. 3. Establishes that where an individual qualifies for both the Disabled Veterans and the Senior Property Tax Credit, they shall receive only the Disabled Veterans Credit – which entitles them to 100% tax relief on their school tax obligation and prevents the possibility of being credited an amount greater than the tax liability. 4. Provides an allocation of funds for administrative expenses of the counties and the Department of Finance. 5. Clarifies that a school board may choose to adopt the 100% credit set forth in the bill, but not a portion thereof. 6. Clarifies that the Act takes effect immediately, but a qualified person will not be eligible for the credit until after the Secretary of Finance and county officials implement the credit after a vote of a local school board. 7. Adds the requirement that a qualified person must be domiciled in Delaware for at least 3 years before becoming eligible for the Disabled Veterans Credit and requires that if a person ceases to qualify they must notify the county treasurer or receiver of taxes. 
HB 199CommitteeLonghurstIn 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, and thereafter in 2020, race, color, and national origin were added. This Act is the first leg of a constitutional amendment to add sexual orientation, gender identity, and disability to Article I, § 21 of the Delaware Constitution to declare explicitly that protection against discrimination based on sexual orientation, gender identity, and disability is one of Delaware's fundamental rights. AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.
SB 190CommitteeSokolaSince the creation of the Delaware Heritage Greenway Council in 1992 which then became the Delaware Council on Greenways and Trails, creation and maintenance of greenways and trails have become an important part of the mission of the Department of Natural Resources and Environmental Control, and especially its parks system. This bill merges the work of the Council on Greenways and Trails with the Parks Advisory Council to formally join their efforts. The two councils already collaborate on the Outdoor Recreation Parks and Trails grant program. This bill expands the Parks Advisory Council and adds trails and greenways as a background sought for some parks council members, and also adds representatives from the General Assembly which the Council on Greenways and Trails has had but the Parks Advisory Council does not currently have. This bill 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 RELATING TO THE PARKS AND RECREATION COUNCIL.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 80 w/ HA 1SignedSchwartzkopfThis bill provides that for correction officers and specified peace officers, the amount of ordinary service or disability pension benefits given to state employees shall also include the following: (1) Before January 1, 2022, 2.45% of his or her final average compensation multiplied by years of service above 25 years; (2) On January 1, 2022, 2.5% of his or her average compensation multiplied by the number of years of service up to 20 years, plus 3.5% of his or her average compensation multiplied by the number of years of service above 20 years. The increased multipliers that take effect on January 1, 2022, reflect increased costs, reduced benefits, and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%. Specified peace officers means (1) Probation and parole officers employed by the Department of Correction; (2) Capitol Police officers; (3) Department of Natural Resources police officers; (4) University of Delaware Police; (5) State Fire Marshal officers; (6) Division of Alcohol and Tobacco Enforcement agents; (7) Justice of the Peace Court constables; and (8) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth and Their Families.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.
SB 154CommitteeGayThis Act repeals the outdated requirement for the Department of Services for Children, Youth & Their Families (DSCYF) to seek approval before “mixing” youth who have been adjudicated delinquent with youth who do not have a delinquency history in the same facility. The mixing statute was codified in 1987, and since then, DSCYF has developed rigorous safety protocols and uses evidence-based assessments to determine appropriate placements for children in the care of the department. The current practices of DSCYF have eliminated the need for mixing approval, which in some cases require DSCYF to seek a court order. In addition, the Family Court conducts regular review hearings for youth in DSCYF custody, allowing opportunities for the department, the child’s attorney, the child (if age appropriate), and the judicial officer to monitor many factors relating to the child’s placement, including safety. This Act retains the prohibition on dependent or neglected children being placed in a detention facility unless charged with or found to have committed a delinquent act.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROCEDURE IN THE FAMILY COURT IN THE STATE OF DELAWARE.
SB 160SignedPooreThis allows a policy to be purchased by the Insurance Coverage Office to cover cancer for active Volunteer Firefighters, Paid Firefighters, Fire Marshals, Fire Instructors, Fire Police, EMTs, and Paramedics of the State of Delaware exclusive of those in private sector. This policy will be funded by an assessment calculated based on reporting of gross premiums by insurers writing certain lines of insurance under § 705 of Title 18. The benefits will provide a lump sum for early and advance stages of cancer and monthly income benefits for 36 months.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE AND LINE-OF-DUTY DISABILITY POLICIES FOR CERTAIN EMERGENCY RESPONDERS.
SB 173 w/ SA 1SignedLopezThis Act is a comprehensive update to the Charter of Dewey Beach that makes both substantive and technical revisions to diminish instances of ambiguous language and eliminate the use of archaic terms and duplicative provisions. This Act makes technical changes to update the terms used to identify Town Commissioners and the Town Council and to conform existing law to the standards of the Delaware Legislative Drafting Manual, including changes so that language is gender neutral. This Act makes the following substantive changes to the Charter of Dewey Beach: 1. Recognizes that among various traditional municipal goals, Town Council shall consider measures to maintain resiliency in the face of our changing global climate. 2. Clarifies the eligibility of municipal voters and officeholders and the functions of the Election Officials. 3. Clarifies that the form of municipal government is that of a Town Council and Town Manager, as well as the roles of each. 4. Clarifies the employment procedures and supervision of the Town Manager and other municipal employees. 5. Clarifies that the Police Chief reports directly to the Town Manager. 6. More fully specifies the responsibilities of the Beach Patrol Captain. 7. Increases the aggregate amount the Town Council may borrow from $1,500,000 to $3,000,000. 8. Increases the amount of a contract that is not required to be bid from $2,000 to $5,000. 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 THE CHARTER OF THE TOWN OF DEWEY BEACH.
SB 174SignedLopezThis Act amends the Charter of The Town of Milton. Specifically, this Act does all of the following: (1) Updates the referenced Town Map. (2) Revises the annexation process for the Town. (3) Authorizes the Town to contract with the Sussex County Department of Elections for voter registration. (4) Creates parameters for any proposed sale, exchange, interconnection, or disposal of the Town’s water system. (5) Provides an exception for the need to hold a referendum if the government funding source is providing 100% principal forgiveness on the loan for a municipal project. This Act allows the Mayor and Town Council of The Town of Milton to do all of the following: (1) Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act, Chapter 17 of Title 22 of the Delaware Code, and the Special Development District Act, Chapter 18 of Title 22 of the Delaware Code. (2) Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. (3) Collect special ad valorem taxes, special taxes, and ad valorem taxes related to the special development districts. (4) Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any special development districts. 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 municipal charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON.
SB 175 w/ SA 1SignedMantzavinosSection 1 of this bill adds additional financial reporting requirements for authorized insurers, which codifies current practices in accordance with the NAIC’s accounting practices and procedures manual and which was recommended by the NAIC as part of its most recent and ongoing accreditation review of the Department. Section 2 of this bill repeals Section 526A because the Department has determined that the circumstances that originally resulted in the enactment of Section 526A are no longer present in today’s market and, therefore, the additional reporting requirement is not necessary. Sections 3 and 4 of this bill make technical corrections recommended by the NAIC.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REPORTING AND VALUATION REQUIREMENTS FOR INSURERS.
SB 176SignedParadeeThis Act does the following: (1) Permits the State Elections Commissioner (“Commissioner”) to issue a citation to a reporting party who fails to file or deliver a required campaign finance report. (2) Requires the Commissioner to publish the name of a candidate who without reasonable cause failed to file a campaign finance report or has been assessed an administrative penalty. (3) Requires a reporting party who fails to file or deliver a required campaign finance report to take training on the Department of Elections’ electronic campaign finance reporting system. (4) Caps the amount of an administrative penalty that may be assessed by the Commissioner for a tardy campaign finance report. (5) Permits the Commissioner to authorize a payment plan for, waive administrative penalties under $500 owed by, or negotiate the total amount of administrative penalty owed by a reporting party, if the reporting party has filed or corrected a tardy report. Section 4 of this Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act. (6) Permits an administrative penalty to be paid by a political committee or political action committee, instead of by a reporting party. The Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act. (7) Increases the amount of time the Reports Appeals Subcommittee has to meet following the filing of an appeal. (8) Increases the stipend a member of the Reports Appeals Subcommittee may receive for attending a meeting from $50 to $100 and the total yearly stipend a member may receive from $250 to $500. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SB 177SignedParadeeThis Act makes the following changes to election law: (1) Increases the contribution or expenditure threshold for requiring a candidate for a public office, including a municipal office, to form a candidate committee, or file a statement of organization, with the State Election Commissioner from $2,000 to $5,000. (2) Changes the deadline to file campaign finance reports from 4:30 p.m. to 11:59 p.m. and makes clear that the reports are required to be filed electronically using the Department of Elections’ campaign finance reporting system. (3) Provides a deadline by which a candidate must withdraw to be removed from the general election ballot. 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 municipal charter.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SCR 55 w/ HA 1PassedGayThis Concurrent Resolution directs the Delaware Department of Education to establish consistent regulations across the State’s early child care providers and programs. It also directs the Department to engage stakeholders in this process, and to make recommendations to the General Assembly by October 1, 2022, and propose necessary code revisions by January 1, 2023.DIRECTING THE DEPARTMENT OF EDUCATION TO ESTABLISH CONSISTENT REGULATIONS FOR CHILD CARE LICENSING, THE EARLY CHILDHOOD ASSISTANCE PROGRAM, AND THE QUALITY RATING AND IMPROVEMENT SYSTEM.
SB 179SignedWalshThis Act clarifies the language enacted by Senate Bill No. 139 of the 150th General Assembly (“SB 139”) regarding when dogs may be permitted to run at large. This Act corrects errors in § 1325 of Title 11 and § 3048F of Title 16, by making revisions to conform the Code so it is consistent with the policy changes enacted by SB 139 and the standards of the Delaware Legislative Drafting Manual. Specifically, Section 1 replaces punctuation in § 1325 of Title 11 that was accidentally repealed by SB 139. Section 2 makes the following revisions to § 3048F of Title 16: 1. Redesignates the paragraphs in subsection (a) to avoid undesignated sentences, for clarity. 2. Deletes the definition of “dog” from subsection (a) because the definition is identical to the definition of “dog” in § 3041F of Title 16, which provides definitions for the subchapter that includes § 3048F. 3. Repeals paragraph (b)(3) because the exception for dogs that are under the control of someone who is hunting was added to subsection (a) by SB 139. The repeal of paragraph (b)(3) was intended by, but omitted from, SB 139.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL WELFARE.
SB 182SignedPooreSenate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act for approvals granted through June 30, 2020. Senate Bill No. 260, enacted by the 150th General Assembly, extended the Historic Preservation Tax Credit Act through June 2021. This Act extends the Historic Preservation Tax Credit Act for approvals granted through June 2030 and puts the provision regarding the effective date in the Code.AN ACT TO AMEND CHAPTER 243, VOLUME 82 OF THE LAWS OF DELAWARE AND TITLE 30 OF THE DELAWARE CODE RELATING TO AN EXTENSION OF THE HISTORIC PRESERVATION TAX CREDIT ACT.
SB 185 w/ SA 1Out of CommitteeWalshThis bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES.
SA 1 to SB 175PassedMantzavinosThis Amendment removes February 15, which was inadvertently included in the text of the original bill as a quarterly statement deadline. Insurers are currently required to file quarterly statements for the first 3 quarters of the year, but do not file a quarterly statement in the fourth quarter; rather, they file an annual statement by March 1, which includes the fourth quarter statement.  
SA 1 to SB 173PassedLopezThis Amendment makes the following technical corrections: 1. Clarifies which meeting is used to count the time period for holding a Special Election for Annexation. 2. Removes confusing language regarding when an annexation becomes effective if the description and plot of the annexed territory is not recorded in the time period required. 3. Corrects the total amount that the Town of Dewey Beach can borrow in Section 23 of the charter to correspond to the increased limit in Section 26. 
SA 1 to SB 185PassedWalshBecause SB. 185 will substantially increase the size of the Spay/Neuter Fund, this Amendment removes the limitation of only providing for one position in the Office of Animal Welfare (“OAW”) for the Pet Population Control Spay/Neuter Program (“Program”) and specifically allows for OAW to cover the costs of administering the Program out of the Spay/Neuter Fund as appropriate to properly manage the Program. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 7 w/ SA 1 + HA 1SignedMinor-BrownThis Act makes permanent and temporary changes to the Adult Correction Healthcare Review Committee ("ACHRC") which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional's training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department's response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department's response identifying total numbers of correctional officers and inmates who tested positive and died from COVID-19 or COVID-19 related illnesses. The report also identifies the strengths, weaknesses, and opportunities for improvement and assesses the medical treatment provided to inmates who tested positive for COVID-19. The Act authorizes ACHRC to request records, consult with additional medical professionals and engage additional staff. Finally, for 2021 and 2022, the Chairpersons of the House and Senate Corrections Committees will be voting members of ACHRC, but cannot designate another individual to attend meetings or vote.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE ADULT CORRECTION HEALTHCARE REVIEW COMMITTEE.
SB 15 w/ SA 1SignedWalshThis bill provides for gradual increases in the Delaware minimum wage to $15 over a period of several years. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE.
SCR 24PassedHansenThis Concurrent Resolution recognizes June 15, 2021, as "Delaware Elder Abuse Awareness Day" and encourages all of Delaware's citizens to learn about how to protect and nurture our elderly citizens.RECOGNIZING JUNE 15, 2021, AS "DELAWARE ELDER ABUSE AWARENESS DAY".
HA 1 to HB 182PassedK. WilliamsThis Amendment adjusts the order of two phrases in a sentence to clarify the intent that pecuniary loss means expenses actually and necessarily incurred as a result of personal injury, even if the personal injury does not result in death, in addition to expenses actually and necessarily incurred by a death resulting from a crime.  
HA 1 to HB 163PassedWilson-AntonThis amendment consolidates the language of the bill into Chapter 27 of Title 14, requires the Secretary of Education to create a list of religious holidays on which an absence must be excused through the regulatory process, and clarifies that a written excuse from a parent or guardian is necessary to excuse a religious absence. 
HA 1 to HB 190PassedGriffithThis Amendment adds terroristic threatening to the acts of domestic violence for which an offender may elect to apply for first offender status. This Amendment also removes reference to the time of arraignment from §1024(c). 
HA 1 to HB 226PassedBennettThis Amendment removes language that suggests the Division of Public Health and the Department of Agriculture are available to inspect donated food upon request by nonprofit organizations accepting donated food.  
HA 2 to HB 195PassedDorsey WalkerThis amendment requires the Council 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. This amendment also clarifies that body worn cameras must be worn by a probation and parole officer of the Department of Correction assigned to a law enforcement task force. 
HA 1 to HB 222PassedLambertThis Amendment removes the requirement for the Division of Public Health to provide a childcare facility, public or private nursey school, preschool, or kindergarten access to the universal reporting system for blood lead level screening and testing results. 
HA 1 to HB 159PassedMitchellThis amendment removes the authorization to hold sales of real estate during the execution process through an online auction process. This amendment also makes technical corrections. 
HA 1 to HB 7PassedMinor-BrownThis amendment makes technical corrections to Senate Amendment No. 1 to House Bill 7. 
HA 1 to HB 245PassedSchwartzkopfThis amendment makes technical corrections. 
HA 1 to SCR 55PassedKowalkoThis amendment adds the Provider Advisory Board to the groups the Department of Education engages as it reviews regulations regarding child care. The Provider Advisory Board, under § 3007A of Title 14, serves in an advisory capacity to the Office of Child Care Licensing with regard to regulations that pertain to early care and education, family child care homes, and school-age centers. 
HA 4 to HB 245PassedDukesThis amendment adds information as to who must receive the census data. 

Senate Committee Assignments

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

House Committee Assignments

Committee
Administration
Appropriations
Health & Human Development
Public Safety & Homeland Security
Transportation/Land Use and Infrastructure

Senate Committee Report

Committee
Finance
Health & Social Services
Housing

House Committee Report

Committee
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 9 to SB 15DefeatedS. MooreThis amendment delays each rise in the minimum wage by 1 year for small businesses – those with 20 or fewer employees. Those employers will reach a $15 minimum wage by 2026, rather than 2025. 
HA 1 to SB 15DefeatedYearickThis amendment changes the effective dates of each of the changes to the minimum wage by 1 year. 
HA 2 to SB 15DefeatedRamoneThis amendment holds the minimum wage at $13.25 after January 1, 2024. This amount would be in excess of the highest historic purchasing power achieved in 1968 when the minimum wage was $1.60 per hour. Allowing for inflation, it would equate to approximately $12.35 today. 
HA 4 to SB 15DefeatedBriggs KingThis amendment will allow a limited exemption to Non-Profit Organizations, allowing these employers to pay their employees 85% of the minimum wage rate established in this bill. 
HA 3 to SB 15DefeatedMichael SmithThis amendment will allow a limited exemption to Small Businesses, allowing these employers to pay their employees 85% of the minimum wage rate established in this bill. 
HA 5 to SB 15DefeatedShupeThis Amendment requires the Controller General to make annual reports to the General Assembly on the actual fiscal impacts of the adoption of this Act, including costs associated with resulting salary and wage compression issues that were not included in the fiscal note for this Act. 
HA 6 to SB 15DefeatedShupeThis Amendment requires the Controller General to cause to be prepared for the General Assembly annual reports on the economic impact of the minimum wage increase under this Act. 

Nominations Enacted upon by the Senate

No Records