Daily Report for 6/23/2021

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 198 w/ HA 1SignedDorsey WalkerThis Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12. This Act incorporates contemporary events into discussions of Black History and the tools of experience.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BLACK HISTORY EDUCATION.
HB 160 w/ HA 1SignedBentzThis Act, known as the Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter applicable to all health-care providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic. The Act carries through many of the changes embodied in the Covid-19 telehealth legislation passed by the 150th General Assembly in 2020 (HS 1 for HB 348 with HA1, signed 7/17/20), which will otherwise expire on July 1, 2021. The changes made in HB 348 that are made permanent by this Act include: 1. Removing all existing Title 24 statutory requirements that patients present in-person before telemedicine services may be provided. This Act continues the suspension of those requirements, but specifies that the requirement that a patient present in-person prior to the delivery of telemedicine services and telehealth is excused only under circumstances rendering an in-person examination impractical or when there is already an existing relationship established. 2. Modernizing the modality of permissible telemedicine and telehealth services; instead of limiting telehealth to interactions that must involve both audio and visual technology; this Act preserves flexibility for situations where patients do not have access to broadband connections or smartphones and need to consult with a physician by landline or audio-only cell phone, subject to existing professional standard of care requirements. Audio and visual visits will continue to be the preferable method for delivery of telehealth and telemedicine services. This Act also consolidates telehealth and telemedicine scope of practice, which currently appear in each separate chapters of Title 24 pertaining to regulated practitioners in order to provide consistent telehealth practice across license categories. This is increasingly important for facilitating integrated health-care services delivery, but it does not limit any of the existing authority of the State’s professional licensing boards in Title 24 to regulate their respective licensed professions and occupations. This Act adopts the Interstate Medical Licensure Compact (IMLC) in Delaware, joining the 29 States that are already members of the IMLC, including many of our neighboring states (Maryland is a member; Pennsylvania is in process of implementing the Compact; New Jersey has introduced IMLC legislation). https://www.imlcc.org/participating-states/ The long-term benefits of telehealth are best realized when accompanied by cross-state medical licensure capabilities available through adoption of the Interstate Medical Licensure Compact. The Compact creates a voluntary, expedited pathway to state licensure for physicians who want to practice medicine in multiple states. An eligible physician can qualify to practice medicine in multiple states by completing one application within the Compact, and receipt of separate licenses from each state in which the physician intends to practice. The Compact does not change the scope of Delaware’s authority to regulate physician practice under the existing Medical Practice Act. It simply creates another pathway for licensure.AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PRESERVING TELEHEALTH AND ADOPTING THE INTERSTATE MEDICAL LICENSURE COMPACT.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 15PassedBriggs KingThis House Resolution recognizes June 2021 as “Post-Traumatic Stress Injury Month” and June 27, 2021, as “Post-Traumatic Stress Injury Day”, and encourages State agencies to continue their work educating victims of assault or abuse, combat, serious accidents, and natural disasters about the causes, symptoms, and treatment of PTSI.RECOGNIZES JUNE 2021 AS “POST-TRAUMATIC STRESS INJURY MONTH” AND JUNE 27, 2021, AS “POST-TRAUMATIC STRESS INJURY DAY”.
HCR 32PassedSchwartzkopfThis House Concurrent Resolution provides for an open redistricting process that allows for public participation in the 2021 redistricting process. Additionally, this House Concurrent Resolution calls for specific guidelines that the House of Representatives and the Senate should follow during their redistricting processes. It sets November 7th as the final deadline for the redistricting processes to be completed in order to provide new legislative boundaries one year before Election Day 2021. PROVIDING THE REDISTRICTING PROCESS FOR THE DELAWARE HOUSE OF REPRESENTATIVES AND THE DELAWARE STATE SENATE.
HA 1 to HB 244PWBLynnThis Amendment does all of the following: (1) Makes clear that a court may not charge a convenience fee for a payment made at a court designated payment kiosk or through an Internet-based court payment system. (2) Removes a court’s discretion to waive, suspend, or modify payment of a fine fee, cost, or assessment. (3) Harmonizes House Bill No. 244 with existing authority to not renew a license of an individual who does not pay a fine owed to the voluntary assessment center for a motor vehicle offense handled by the voluntary assessment center. As a result, an individual who is convicted in a court of a motor vehicle offense that originated in a voluntary assessment center would likewise not be eligible for renewal of the individual’s license if the individual does not pay the fine, fee, cost, assessment, or restitution assessed by the court in full. (4) Makes the Senator and Representative charged with leading the Criminal Legal System Imposed Debt Study Group Co-Chairs. 
HA 1 to HB 119PassedDorsey WalkerThis Amendment restores original language in § 501 of Title 1 directing the Office of Management and Budget to promulgate policies and procedures to implement 2 floating holidays. The Amendment clarifies that HB 119 designates Juneteenth a permanent legal holiday in this State not a floating holiday. This Amendment also corrects subsection numbering. 
HCR 33PassedBaumbachThis resolution recognizes June 21st, 2021 as Child Tax Credit Awareness Day.RECOGNIZING CHILD TAX CREDIT AWARENESS DAY THE STATE OF DELAWARE.
HJR 5SignedCarsonThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2021.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2021.
HJR 6SignedCarsonThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2022.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2022.
HA 1 to SS 1 for SB 3PWBDorsey WalkerThis Amendment does all of the following: (1) Exempts active or retired law enforcement officers under § 222 of Title 11 of the Delaware Code from the requirement to complete a firearms training course to obtain a handgun purchaser card. (2) Removes penalties for the failure to return a handgun purchaser card that is void or revoked by the Secretary of the Department of Safety and Homeland Security. (3) Creates a State firearms transaction record, based on the federal firearms transaction record created under Title 27 of the Code of Federal Regulations. 
SA 1 to HB 245StrickenPettyjohnThis Amendment replaces the term "receipt" with the term "official reporting". Receipt is not a defined term. The term official reporting is set forth in line 4 of the bill and is the term used in prior redistricting cycles. 
SA 2 to HB 245StrickenPettyjohnThe census data was due to be officially reported by March 31, but has been delayed this year. If there had been no delay, the General Assembly would have had a June 30, 2021 deadline to act. This 90-days requirement is the same number of days to complete the redistricting process. 
HCR 34CommitteeLynnThis concurrent resolution establishes the Delaware Corrections Investigation Task Force to investigate and make findings and recommendations regarding the treatment of inmates and the quality of healthcare provided to inmates in this State's correctional institutions. The Task Force shall complete its investigation and findings 90 days after the Task Force’s initial meeting and issue a final report containing a summary of its work, findings, and recommendations.CREATING THE DELAWARE CORRECTIONS INVESTIGATION TASK FORCE TO INVESTIGATE AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE TREATMENT OF INMATES AND THE QUALITY OF HEALTHCARE PROVIDED TO INMATES IN THIS STATE’S CORRECTIONAL INSTITUTIONS.
HA 3 to SS 1 for SB 7StrickenLynnThis amendment removes all crimes from the signal offenses list except for firearms offenses. 
HA 2 to SS 1 for SB 7StrickenLynnThis amendment removes the following crimes from the signal offense list: strangulation, assault in the second degree, rape in the third degree, arson in the first degree, burglary first degree (except home invasion burglary), stalking, possession of a deadly weapon during commission of a felony, any domestic violence offense allegedly committed while the defendant is pending adjudication on a previously charged violent felony allegedly committed against the same victim, and tier 3 drug dealing. It also alters the presumption for signal offenses to cash or secured bail rather than cash bail only. 
HA 2 to SB 6PassedChukwuochaThis amendment seeks to simplify Senate Bill 6 by making changes to the definition of “large-capacity magazine” and criminalizing more harshly those persons who use a large-capacity magazine during the commission of a crime. This amendment creates the crime of possession of a large-capacity magazine during the commission of a felony which is class B felony with a penalty from 2-25 years in jail. For purposes of possession of a large-capacity magazine during the commission of a felony, “large-capacity magazine” is defined as an after-market magazine which increases the designed capacity of the standard magazine manufactured and sold by the manufacturer of the firearm in which it is used. This amendment also adds the crime of selling, purchasing, receiving, or transferring a large-capacity magazine, and makes the offense a class E felony. The definition of large-capacity magazine for selling, purchasing, receiving, or transferring a large capacity magazine is any magazine that exceeds 20 rounds of ammunition for a handgun and 30 rounds for a long gun. 
HB 254CommitteeGriffithThis Act requires all public schools that serve pupils in grades 7-12 that issue pupil identification cards to have printed on the identification cards the telephone or text numbers for the National Suicide Prevention and National Domestic Violence Hotlines and allows them to add the National Sexual Assault, Teen Dating Violence and Bullying Hotlines. The Act requires all public institutions of higher learning in Delaware, which issue student identification cards, to print on the student identification cards the telephone or text numbers for National Suicide Prevention, Domestic Violence Hotlines and local campus police or campus security telephone numbers and allows the institutions to add the National Sexual Assault Hotline number. This Act will be implemented for the 2022-2023 school year.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUPIL AND STUDENT IDENTIFICATION CARDS.
SB 196CommitteeBoniniThis Act provides a maximum $500 tax rebate to Delawareans based on tax year 2020 payments.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX REBATE.
SA 1 to SB 184StrickenWalshThis amendment does all of the following: 1. Reduces the amount a contractor or subcontractor must pay to the Apprenticeship and Training Fund to satisfy the craft training requirement. 2. Clarifies that a contractor or subcontractor can satisfy the craft training requirement through a paid membership in a consortium that provides craft training for the craft. 3. Establishes a maximum amount each contractor or subcontractor is required to pay each calendar year if they decide to satisfy the craft training requirement through the payment option. 4. Makes this Act effective October 1, 2021, instead of immediately, and clarifies that it applies to contracts executed after September 30, 2021. 
SS 1 for SB 187CommitteeS. McBrideElectric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. Like Senate Bill No. 187, this Substitute will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gases to curtail global warming. Specifically, like Senate Bill No. 187, this Substitute achieves these ends by requiring municipalities with a population of 30,000 or more to develop a procedure to obtain permission for the installation of an electric vehicle charging station on real property zoned for residential use that abuts a residential street. This Substitute differs from Senate Bill No. 187 as follows: (1) By removing the requirement that an ordinance adopted by a municipality establish the qualifications required by the licensed electrician who installs an electric vehicle charging station. (2) By clarifying that a municipality may not require an individual owner of real property to install an electric vehicle charging station for another person, including a tenant, guest, or customer, unless the requirement is adopted as part of a municipal zoning or building code that is of general applicability. This Substitute 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, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO RESIDENTIAL ELECTRIC VEHICLE CHARGING INFRASTRUCTURE REQUIREMENTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 24PassedOsienskiThis legislation closes several loopholes that dealers have been using to get around suspended or revoked dealership licenses. Currently the Division of Motor Vehicles will suspend or revoke a dealer license, and the dealer will get a family member or friend to apply for a dealership license and employ the suspended dealer at the dealership in a managerial, financial, or sales capacity thereby negating the suspension or revocation. This legislation closes that loophole by preventing a dealer who has had their license suspended, revoked, or renewal refused from being employed at Delaware licensed dealerships for periods of time commensurate with their revocation or suspension. Additionally, to prevent a further loophole wherein the dealer would simply turn in their dealer license upon receiving notice by the Division that their license will be revoked, suspended, or renewal refused, if the licensee chooses not to defend themselves they would be prohibited for the same time periods as if their license had been suspended, revoked, or renewal refused and be unable to do any of the qualifying employment for that period of suspension. This bill also extends the period of time of prohibited employment if the dealer does not turn in division documents and plates in its possession at the time of suspension or revocation. This bill does not seek to bar individuals from employment in other auto industry sectors such as auto repairs so long as they do not work at those dealerships in any of the prohibited positions.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SUSPENSION OF VEHICLE DEALERSHIP OWNERS DEALERSHIP LICENSE.
HB 29PassedBaumbachThis Act eliminates the ability of a candidate to change their candidacy to become a candidate for a different office after the deadline for notification of candidacy has passed. This Act takes effect on January 1 following its enactment into law. 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 CHANGING CANDIDACY TO A DIFFERENT OFFICE.
HB 32 w/ HA 1PassedMatthewsThis Act provides all law-enforcement officers the authority to enforce the existing labeling requirements for dumpsters that are in a public road or parking lot. 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 TRASH CONTAINERS ON HIGHWAYS.
HB 48 w/ HA 1PassedBentzThis Act establishes a Health Care Provider Loan Repayment Program for new primary care providers to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may award education loan repayment grants to new primary care providers of up to $50,000 per year for a maximum of 4 years. Priority consideration may be given to DIMER-participating students and participants in Delaware based residency programs. Sites eligible to apply for grants on behalf of their new primary care providers must be located in underserved areas or areas of need and must accept Medicare and Medicaid participants. Grants to hospital sites must be matched on a dollar-for-dollar basis by the applicant hospital and the disbursement of grants from the program is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 21 appropriation of State funds up to a maximum of $1 million, from Delaware health insurers. This Act also provides that the Delaware Healthcare Commission may award Health Care Provider Repayment grants on a prorated annual basis.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH CARE COMMISSION.
HB 81PassedBaumbachThis Act allows 2 or more microbreweries to share brewing equipment if the microbreweries maintain separate premises to sell their product to consumers and wholesalers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES.
HB 104PassedGriffithThis Act moves the date by which the Department of Education shall submit its annual report to the Domestic Violence Coordinating Council from August 1 to October 15 of each year. Moving the date to October 15 will better accommodate the data collection, quality control, and certification process utilized by the Department of Education. Schools and districts are required to enter their data by July 1 and the process of verifying the information and making any corrections necessary to certify the data is usually finished by October 1.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEEN DATING VIOLENCE AND SEXUAL ASSAULT.
HB 112 w/ HA 2PassedK. JohnsonThis Act corrects several technical and typographic errors in the Delaware Common Interest Ownership Act (the “DUCIOA”) and makes a number of non-controversial changes agreed upon by the Common Interest Community Advisory Council and representatives of builders, real estate sales professionals, association managers, and owners. Section 1. This section amends Section 2246 to correct the inadvertent omission of “not” in the Unit Property Act clarifying that exclusively nonresidential condominiums are not required to maintain a repair and replace reserve. Section 2. This section amends Section 81-116(a) to clarify the original intent of the DUCIOA, which exempts nonresidential common interest communities. Section 3. This section amends Section 81-119 by adding five sections of the DUCIOA to apply to pre-existing communities through section 81-119 as follows: §81-217 (i): consent of holders of security interest are deemed to have granted approval of amendments to the declaration if they do not refuse consent in writing after notice. §81-306: Bylaws. §81-308A: executive board meetings are open to members after the period of declarant control. §81-310: voting proxies and voting by ballot without a meeting permitted. §81-314: surplus funds remaining after payment of expenses and prepayment of reserves, returned to owners. This section also clarifies that a conflict between a preexisting document and DUCIOA in any common interest community is resolved in favor of the preexisting documents, whereas the prior language specified application only to condominium and cooperatives. Section 4. This section amends Section 81-217(i) to clarify a common ownership community’s ability to amend its governing documents. Section 5. This section amends Section 81-217(m) to add a new subsection which allows Declarants or the Council to correct typographical errors efficiently and easily, by deeming consent to amendments by security interest holders after notice. It follows the procedures in the DUCIOA for obtaining lenders’ consent to actions and amendments to apply to existing common interest communities. Section 6. This section amends Section 81-303(a) to clarify that under Delaware corporate law there is no distinction between the duties of a director or officer of a for-profit corporation and those of a director or officer of a non-profit corporation. Section 7. This section amends Section 81-303(c) to allow termination of the period of declarant control as permitted in the declaration. Section 8. This section amends Section 81-310(a) to expand the options and methods for owner voting. Section 9. This section amends Section 81-316(h) to add language that allows a community to charge a reasonable fee to provide required certifications regarding the community and limits the liability of a voluntary association for inadvertent errors. Section 10. This section amends Section 81-316(j)(1) to add a comma to correct a typographical error in the existing statute. It clarifies that mortgages can be foreclosed upon by law processes, equity processes, or as provided in the governing documents. Section 11. This section amends Section 81-318(e) to add language that clarifies the right of the association to charge a fee, in advance, to the unit owner when the unit owner has requested conversion, inspection, or copying of association records. Section 12. This section amends Section 81-324(a) to add language that clarifies that voting at a budget meeting may be by proxy as well as in person. Section 13 This section amends Section 81-408(a). Currently, the DUCIOA limits the right to cancel for failure to supply a public offering statement to purchasers of condominiums and cooperatives. Changes to this section conform subsection (a) to UCIOA and clarify the date for cancelation of purchase contracts. Section 14. This section amends Section 81-409(b) to limit the liability of the Association for inaccurate information provided by the property manager in fulfillment of the requirement to provide information to complete a resale certificate. In the alternative, it declares providing false information is a per se violation of the Consumer Fraud Act, which allows a private right of action to recover damages and punitive damages against “merchant” sellers. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO COMMON INTEREST OWNERSHIP.
HB 171PassedBoldenSections 1, 4, and 6 clarify that the funds to satisfy income tax withholding on a sale of real estate by a non-resident shall be derived from the net proceeds of the real estate sale and permit the filing of the deed if the closing attorney can establish that the non-resident seller did not receive any proceeds from the sale. Section 2 allows the Division of Revenue to use its discretion to adjust the filing frequency of employers if the taxpayer can demonstrate that complying with the statute would result in a hardship. Section 2 also broadens the requirements for filing of information returns with the Delaware Division of Revenue to include any information return required to be filed with the Internal Revenue Service for payments of any type of remuneration made to Delaware resident individuals. This will provide the Division of Revenue with greater information about income received by Delaware residents to ensure that all taxable income is reported and taxed. Section 3 corrects the recipient for donations to the Delaware Ovarian Cancer Foundation, which is now its own separate 501(c)(3) organization, allowing donations to be forwarded to them directly. Section 5 codifies the long-standing practice of the Division of Revenue to limit Net Operating Loss deductions to those deductions that were claimed on a federal return. Because Delaware tax law starts with the income reported and deductions available at the federal level, any net operating loss that exceeds that claimed on a federal return is not permitted in the calculation of Delaware tax. Section 7 eliminates the requirement that multiple business licenses for the same licensee be on the same licensing schedule, which will reduce the burden for both licensees and the Division of Revenue. Section 8 clarifies the definition of “Mercantile agency or collection agency” to include those agencies involved in the collection of both commercial and consumer debt, which removes a potential ambiguity from existing language. Section 9 provides that the sections of this act are severable in the event that one is determined to be invalid, and section 10 establishes the effective date of the legislation.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO TAX ADMINISTRATION.
HB 224PassedK. JohnsonThis bill makes the definitions of sexual orientation, gender identity, and disability consistent throughout the Delaware Code and with federal law.AN ACT TO AMEND TITLES 6, 11, 18, 19, AND 25 OF THE DELAWARE CODE RELATING TO DEFINITIONS.
SB 184 w/ SA 2PassedWalshSenate Substitute No. 1 for Senate Bill No. 48 (SS 1 for SB 48) of the 150th General Assembly enacted a requirement that contractors bidding for large public works contracts provide craft training of apprentices and journeymen. This Act clarifies the craft training requirement and increases options for how contractors can satisfy this requirement. This Act clarifies when craft training is required as follows: 1. Moves the requirement that the Department of Labor maintain a list of crafts for which there are approved and registered training programs to Chapter 2 of Title 19. 2. Revises the definition of “craft training” in § 6902 of Title 29 to mean a program on the list of approved and registered training programs required under Chapter 2 of Title 19. 3. Clarifies the craft training requirement by creating a new statute for the craft training requirement that establishes when craft training must be included in a large public works contract, that the requirement applies to each craft included in the contract, and when the list of crafts for which there are approved programs in Delaware must be updated each year. 4. Makes corresponding revisions to the penalty section of § 6962 of Title 29 to reference the new location of the craft training program requirement. As enacted by SS 1 for SB 48, contractors can satisfy this craft training requirement by providing the craft training themselves or through agreement with other organizations. This Act clarifies and expands the ways that contractors can satisfy the craft training requirement. Under this Act, a contractor can satisfy the craft training requirement by doing any of the following for each craft in the contract for which craft training is required: 1. Having at least 1 active apprentice in a craft training program approved by and registered with any state apprenticeship agency or the United States Department of Labor for the duration of the project. 2. Having at least 1 active apprentice who completes an approved and registered craft training program within the 6 months before the contract was executed. 3. Making a payment for the craft into a new Apprenticeship and Training Fund. The amount of the payment will be established for each craft in an amount that is equal to 4 times the average annual cost of the vocational-technical programs providing craft training for 1 individual for the craft. The Apprenticeship and Training Fund will be used to expand and promote adult trade extension and apprenticeship programs. This Act also creates a penalty for failing to comply with the craft training requirement. Contractors who comply with the craft training requirement by making the payment to the Apprenticeship and Training Fund must make the payment before the contract is executed. For contracts where the craft training requirement will be satisfied through having an apprentice participating in or who has recently completed a craft training program, a contractor who fails to comply with this requirement must make the payment due for the craft to the Apprenticeship and Training Fund and pay a penalty in an amount that does not exceed 10% of that payment. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee. AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CRAFT TRAINING REQUIREMENTS IN PUBLIC WORKS CONTRACTS.
SB 191PassedLopezThis Act amends the Charter for the City of Lewes by doing all of the following: - Permitting the City of Lewes to utilize the State's Voter Registration System in connection with municipal elections, as authorized by Subchapters IV and V of Chapter 75 of Title 15 of the Delaware Code. - Updating and clarifying the appointment process for an incumbent Councilperson or the Mayor in the event there is no challenger at the time of the Lewes municipal elections. - Deleting provisions that are redundant or in conflict with provisions of State law relating to municipal elections, specifically Chapter 75 of Title 15. - Providing that, if a vacancy occurs in the Office of Mayor or City Councilperson, the person chosen to fill the vacancy is deemed to have been elected. - Permitting the City Council to restrict fishing on the Delaware Bay shore, northwest of the Ferry terminal. - Conforming existing law to the standards of the Delaware Legislative Drafting Manual, including using gender-neutral language and using singular tense to include the plural, as provided in § 304, Title 1 of the Delaware Code.AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES RELATING TO THE MANNER AND METHOD OF CONDUCTING ANNUAL MUNICIPAL ELECTIONS AND FISHING ALONG THE DELAWARE BAY SHORE.
SA 1 to SB 194PassedLopezThis Amendment clarifies that the new provisions in the Lewes Board of Public Works’ Charter do not alter or change the established service territories for electric utilities or the jurisdiction of the Public Service Commission to issue certificates of public convenience and necessity. 
SA 2 to SB 184PassedWalshThis amendment does all of the following: 1. Reduces the amount a contractor or subcontractor must pay to the Apprenticeship and Training Fund to satisfy the craft training requirement. 2. Clarifies that a contractor or subcontractor can satisfy the craft training requirement through a paid membership in a consortium that provides craft training for the craft. 3. Establishes a maximum amount each contractor or subcontractor is required to pay each calendar year if they decide to satisfy the craft training requirement through the payment option. 4. Delays the implementation of this entire Act, not just Section 2. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 20PassedPettyjohnThis Act clarifies that a person with a special license plate or permit for persons with disabilities may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6 AND TITLE 21 OF THE DELAWARE CODE RELATING TO PARKING.
SB 29 w/ SA 1PassedEnnisThis Act enhances 2 existing agricultural horse racing programs, the Delaware Standardbred Breeder's Program and the Delaware Certified Thoroughbred program, by providing additional funding. Under this Act, horsemen provide half of the additional funds from purse money and the State provides half of the additional funds with matching funds.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY FUND.
SB 68PassedEnnisThis Act expands eligibility for the Department of Correction's Education Assistance Fund beyond correctional officers to employees who hold a position at paygrade 15 or below and meet the other existing requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating a new Subchapter III of Chapter 89 of Title 29, because the Department of Correction's Education Assistance Fund is not related to the topic of Subchapter II.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EMPLOYEES OF THE DEPARTMENT OF CORRECTION.
SB 72SignedS. McBrideThis Act clarifies that discrimination against any person because of religion is illegal under Chapter 45 of Title 6, the Delaware Equal Accommodations Act. Religion and religious beliefs were always intended to be protected under the Delaware Equal Accommodations Act through the word "creed" and this Act codifies that understanding, consistent with the Superior Court’s decision in Boscov’s Dep’t Store v. Jackson, 2007 Del. Super. LEXIS 37. This Act adds the term “religion” to the list of prohibited bases for discrimination and defines “religion” to include all aspects of religious observance and practice, not just belief. This Act also updates the forms of communication covered by the Delaware Equal Accommodations Act so the list includes notices or advertisements on television or the Internet. This Act is known as "The Religious Freedom for All Act". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.
SB 73 w/ SA 1PassedS. McBrideThis Act permits an individual to practice dentistry for the Division of Public Health (Division) under a provisional license. Delaware law provides several routes for entering practice on an interim basis until full licensure can be obtained, however, none of these routes specifically permit hiring by the Division with the intent to practice in a state-supported dental clinic. This Act will assist the Division in recruiting dentists to serve those in need. 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 LICENSE TO PRACTICE DENTISTRY.
SB 74PassedS. McBrideThis Act relates to the police and fire pension fund provisions of Chapter 7, Title 18 of the Delaware Code. The Act clarifies that an eligible retiree must be alive on July 1 of each biennial payout year in order to receive the payment provided for in Section 708 of Chapter 7. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SPECIAL FUNDS.
SB 79PassedMantzavinosThis bill establishes the timeframe within which a property insurer must give prior written notice of its intent to cancel a policy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROPERTY INSURANCE POLICIES.
SB 80PassedMantzavinosThis Act adds a provision addressing the assignability of rights under property insurance policies and authorizes a property insurance carrier to limit a policy’s assignability only to those persons or entities that have the legal authority to represent an insured. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO ASSIGNABILITY OF INSURANCE CONTRACTS.
SB 81PassedMantzavinosThis bill allows for deviations from rating organization filings to be effective continuously until terminated with the approval of the Commissioner or subsequently modified. This change conforms the law to current practice. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE RATE FILINGS.
SB 94 w/ SA 1SignedHansenSenate 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.
SB 104SignedTownsend This Act clarifies various aspects of the State’s procedures to operate its unclaimed property program, including promoting and determining holder compliance, processing owner claims, and preventing fraudulent claims. Sections 1, 13, and 15 confirm current examination practice and address recent court decisions that, to determine a holder’s compliance, the State Escheator may request and review records to verify the completeness and accuracy of the holder’s records, even if such records may not identify property reportable to the State, and that the State may initiate an examination to determine compliance for any reason and is under no obligation to provide a detailed or specific reason or justification. Section 2 clarifies that the dormancy period for various types of bonds is 3 years, which confirms current practice to treat these property types similar to securities-related property. This section also clarifies and addresses recent changes made by the SECURE Act that impact the escheatment of Individual Retirement Accounts. This Section takes effect on August 1, 2021, for the next annual reporting period. Section 3 clarifies that holders whose business is described in 30 Del. C. § 2906 (“the business of operating a restaurant, snack bar, soda fountain, take-out food service, catering service, private eating or drinking club, or other eating establishment or service”) do not have to report and remit unredeemed gift card property that had an original issue amount of $5 or less. This Section further clarifies that no report is required from any holder for unredeemed gift cards having an aggregate face value of less than $5000 for the reporting period. Sections 4 and 13 clarify and confirm current practice that owner notification (“due diligence”) letters may be sent at any time during an examination at the holder’s initiative or at the direction of the State Escheator. Section 13 expressly allows the State to mail owner notification letters during an examination. Sections 5 and 24 clarify and confirm current practice that the State Escheator is only required to publish or provide upon request only last known address identifiers, which currently is considered city and state, rather than a property owner’s full address. Section 6 limits the scope of the State’s holder indemnification to property claimed by other jurisdictions and excludes penalties, as defined, imposed by other jurisdictions from the State’s indemnification obligations. Sections 7 and 14 clarify and confirm current practice by aligning the scope (included years and legal entities) of a Voluntary Disclosure Agreement (“VDA”) or a subsequent examination, which is to be determined as of the earlier of the following: the date the VDA invitation letter is delivered, the date a holder elects to enter the VDA program, or the date the notice of examination is delivered. Sections 8 and 9 clarify and confirm current practice related to the return of securities-related property to owners. Section 8 makes a technical correction to change the imprecise 18-month time limit to an exact time period of 558 days (31 days multiplied by 18 months), to allow owners the maximum amount of time under the law to file a claim to recover their securities or market value as of the date of the claim, rather than the liquidated cash value. Because an owner’s right may be significantly altered after the expiration of this time period, precise calculation of this time period to the owner’s benefit is necessary. The 558-day period is the current standard applied by the State Escheator to determine the return of securities or market value as of the date of the claim versus liquidated cash value, and codification of the 558-day period avoids additional software development costs. This Section also clarifies that claimants receive any dividends that the State received while it held the security. Sections 8 and 9 clarify that the 558-day time limit begins to run based on the notice provided as required by the statute in effect when the property was delivered to the State and ends based on the claimant’s first documented contact with the State if the claim is made within 60 days of such contact. Section 10 clarifies procedures for the denial of a claim and the investigation of potentially fraudulent claims. Section 11 makes a technical correction to change the imprecise 4-month time limit to an exact time period of 120 days for claimant appeals to the Tax Appeal Board. Section 12 clarifies that the State may send Verified Report and Compliance Review notices to the appropriate legal entity, which may include an agent, affiliate, or subsidiary of the reporting legal entity. Section 14 establishes a permanent expedited examination program for any company whose examination began after February 2, 2017. Companies who complete their examinations within the parameters of the permanent expedited examination program will receive the benefit of a waiver of penalties and interest, except for a nominal, non-waivable 1% interest assessment. Companies who receive a notice of examination after August 1, 2021, and who do not complete an expedited examination are subject to a minimum, non-waivable 20% interest assessment, up to an assessment of full interest and penalties under the statute. Section 16 clarifies that the Secretary of State may send notices inviting holders to participate in the VDA program by any commercially reasonable means that includes evidence of delivery. This Section establishes that holders will have a 90-day period during which holders may enter the VDA program or may request to expedite their examination conducted by the State Escheator. Holders who neither enter the VDA program nor elect to expedite their examination will be referred to the State Escheator for a conventional examination. Section 17 prohibits the use of documents obtained in an examination initiated by Delaware to be used in a multistate examination, unless the holder agrees to such use in writing. This Section applies to examinations initiated after August 1, 2021. Sections 18 and 20 make a technical correction for consistent nomenclature of the “statement of findings” and “request for payment” issued at the conclusion of an examination. Section 19 requires exclusively hourly compensation to be paid to third-party audit firms, except for examinations of accounts or policies of insurance and securities-related property. This Section also requires third-party audit firms to comply with the State’s standard non-disclosure agreement requirements, regardless of whether the holder under examination agrees to such requirements. Finally, this section clarifies which senior unclaimed property positions in the Department of Finance are prohibited from vendor employment for a 2-year period. Sections 21 and 22 simplify and clarify the application and possible waivers of interest and penalties for past-due property. To encourage voluntary annual compliance and participation in the Secretary of State’s VDA program, under this Act, interest and penalties may be waived by the State Escheator, or Secretary of State for VDAs, in all circumstances, except the following: 1) Past-due property determined in an expedited examination as established by the Act will be subject to a nominal, non-waivable 1% per incident interest assessment; and 2) Past-due property determined in a conventional, non-expedited examination initiated after August 1, 2021, will be subject to a minimum, non-waivable 20% per incident interest assessment. Section 23 clarifies and confirms current practice regarding limitations on finder agreements to locate property. Section 24 expressly applies the confidentiality requirements of § 1189 to state contractors, such as third-party audit firms. This Section also excludes policies and procedures related to the determination of claims and fraud prevention measures from disclosure as a public record under the Freedom of Information Act. Sections 1, 4, 9, 10, 11, 13, 15, 18, 20, and 22 of this Act shall apply retroactively to any claims, examinations, or litigation pending as of the effective date of this legislation. Sections 2, 3, 5, 6, 7, 8, 12, 14, 16, 17, 19, 21, 23, and 24 of this Act take effect on August 1, 2021. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY.
SB 103SignedTownsend This Act adopts an express reporting requirement for virtual currency, with an exemption for game-related digital content with minimal or no value; defines virtual currency and game-related digital content; requires the liquidation of and conversion to U.S. dollars of virtual currency prior to reporting and remitting this property to the State; and limits the exposure of both the State and the reporting holder to claims by the putative owners of this property type for subsequent gains in value, given the volatility inherent in this property type’s value. Liquidation of and conversion to U.S. dollars of virtual currency prior to reporting and remitting also promotes ease of administration and the return of the cash value to owners. This Act incorporates in part some of the concepts from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission, as well as legislation adopted by Kentucky in 2019. These changes take effect on August 1, 2021. AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY.
SB 122PassedPooreThis Act provides that the County Attorney of New Castle County, consistent with other department directors of New Castle County government, is appointed by the County Executive with the advice and consent of the New Castle County Council. Pursuant to § 1391 of Title 9, the Office of Law provides legal advice to the County Executive, County Council, and County departments, boards, offices, and agencies. This amendment would require the advice and consent of the County Council in the appointment of the County Attorney. Consequently, this proposed amendment would safeguard against unequal preference to either branch of government when advice is provided.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF THE COUNTY ATTORNEY OF NEW CASTLE COUNTY.
SB 127SignedWalshThe purpose of this legislation is to promote sustained economic growth and stability by establishing a fund to provide grants, loans or other economic assistance to businesses or public entities that invest in constructing, renovating or improving infrastructure for sites that will attract new businesses or expand existing businesses within the State to initiate economic development opportunities that will create a significant number of direct, permanent, quality, full-time jobs. There is intense competition between the states to attract and to keep vital businesses that create and maintain these direct, quality employment opportunities. Therefore, it is critical to expand and sustain economic growth within the State to consistently maintain readily available commercial, industrial sites to attract new business, or expand existing businesses. The delay in converting completely undeveloped sites into sites that are fully capable of conducting business may result in the loss of significant business opportunities that benefit the public. The site readiness fund will provide economic assistance to qualified businesses or public entities to renovate, construct, or improve commercial, industrial sites that are readily available to new businesses, established businesses that are considering moving to the State or existing businesses within the State that need additional sites to remain or expand within the State. To ensure fiscal accountability that site readiness funds are expended for their intended purpose, the applications will be administered in accordance with the existing regulations that govern applications made to the Strategic Fund. The Council on Development Finance will review the applications and supporting financial information to make recommendations to the Director of the Division of Small Business concerning the viability of the proposed project and whether the project meets the criteria established by this legislation to award funding. The Director has the final authority to award funding based on the Council’s recommendations and the requirements imposed by this legislation. The Director shall administer any such award in accordance with the requirements of Chapter 87A of Title 29 of the Delaware Code and the existing Strategic Fund regulations. To protect the assets of the Fund, the Director may require recapture provisions in any contract agreements for grants, loans or other economic assistance that recover for any substantial or complete cessation of operations or failure to reach any employment or other benchmarks. The Director may require the applicant to report financial statements and project progress reports to determine that expenditures on the project are consistent with the purpose of the Fund. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ECONOMIC DEVELOPMENT.
SB 128PassedGayThis Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's (“JLSOC”) task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended amending the Delaware Health Information Network's ("DHIN") chapter to conform existing law with the standards of the Delaware Legislative Drafting Manual. This Act makes technical corrections to the DHIN chapter, including the following: - Using active voice where possible. - Using the singular where appropriate since, under § 304 of Title 1, “words used in the singular include the plural.” - Converting block paragraphs into lists where possible, without changing the substance of the existing law, to enhance clarity and readability. - Replacing “party” with “person” for consistency since, under § 302 of Title 1, “person” is defined as including “corporations, companies, associations, firms, partnerships, societies and joint-stock companies, as well as individuals.” This Act makes one substantive change to DHIN's chapter, in clarifying the circumstances under which the Governor may suspend or remove a member or otherwise consider a member as having resigned from the DHIN Board of Directors. Under this Act, the provision relating to suspension, removal, or resignation of a DHIN Board member is updated to be consistent with similar provisions for other boards. Section 8 of this Act does not take effect if Senate Bill No. 88 of the 151st General Assembly is enacted into law before January 1, 2023, and § 10312(3), Title 16 of Section 11 of this Act does not take effect if Senate Bill No. 119 of the 151st General Assembly is enacted before January 1, 2023. Both SB 88 and SB 119 are also the result of JLOSC’s review of DHIN, and both address substantive matters. The enactment of SB 88 or SB 119 override the technical corrections made in this Act, and the effective date clauses in Sections 15 and 16 of this Act reflect that policy. This Act takes effective the January 1 after its enactment, to accommodate the enactment of the other bills currently pending before the 151st General Assembly relating to JLOSC’s review of DHIN.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK CHAPTER.
SB 129PassedGayThis Act a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of the Council on Correction (“Council”), and revamps Council’s governing statute based on discussions throughout the review. In addition to making several technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual, this Act also does the following: - Provides administrative support through the Criminal Justice Council as a pilot partnership program with a 5-year sunset provision. This partnership is intended to provide Council with needed staff support and training opportunities, both which the Criminal Justice Council is able to provide. - Clarifies Council’s advisory role. - Adds provisions regarding quorum and member removal. - Requires the Council to hold public meetings in all 3 counties. - Enables the Council to adopt bylaws or other procedural rules. - Requires the Council to submit an annual report.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON CORRECTION.
SB 135PassedGayThe purpose of this Act is to eliminate the overly broad licensure exemption applicable to persons engaged in the practice of well drilling and persons engaged in the practice of engineering as registered professional engineers. There are many overlapping areas of practice between geologists and well-drillers and registered professional engineers. However, the exemption included in 24 Del. C. § 3602 leads to the conclusion that a licensed well driller or registered professional engineer is qualified to perform any act within the practice of geology regardless of level of competence or expertise. It is each governing body’s responsibility to ensure competent practice within the respective professions, including any areas of overlap. However, the inclusion of the very broad exemption for well-drillers and registered professional engineers is misleading and does not serve the interests of public protection. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO GEOLOGY.
SB 162 w/ SA 1PassedHansenThis Act is a result of the Division of Developmental Disabilities Services Task Force ("the Task Force"), which was created under Senate Concurrent Resolution No. 62 and extended by House Bill No. 345, both of the 150th General Assembly. This Act fulfills 2 of the Task Force's many recommendations, by requiring that the chair or vice chair of the Advisory Council to the Division of Developmental Disabilities Services be an individual with a developmental disability, and amending the Advisory Council membership to include the following: - 7 representatives of families, service recipients, and self-advocates who currently receive services from the Division of Developmental Disabilities Services. - 5 representatives of a cross section of service providers in the developmental disabilities community who currently operate within the Division of Developmental Disabilities Services system, including residential service providers, day habilitation service providers, employment service providers, clinical service providers, behavioral or mental health service providers. - 5 professional advocates, representing the following organizations: Delaware Developmental Disabilities Council, State Council for Persons with Disabilities, Disabilities Law Program at Delaware Community Legal Aid Society, Inc., The Arc of Delaware, and Center for Disabilities Studies at University of Delaware.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.
SJR 5PassedHansenThis Senate Joint Resolution creates a one-time, Toll Violation Amnesty Program (Amnesty Program) to provide a 3 month long opportunity for people to satisfy toll debt that is in collection from toll violations that occurred on I-95 and SR 1. The Amnesty Program will collect funds that the State would probably otherwise never receive. Each year, the Department of Transportation collects over $190 million from over 70,600,000 toll transactions on I-95 and SR 1. However, Delaware is owed over $143.4 million in toll debt from unpaid tolls, penalties, and fees from toll violations on these highways. The most recent 3-year average collection rate of toll debt is 8.4%. In addition, financial incentives can increase the voluntary payment of fines and high administrative fees and financial costs have a disparate impact on people who are poor and can discourage people from making payments towards their toll debt. Under state law, each toll violation results in an administrative fee of $25.00; a civil penalty of $25.00; and for violations that occurred after January 31, 2017, a $10.00 fee for the Volunteer Ambulance Company Fund and a $15.00 fee for the Fund to Combat Violent Crimes. In addition, a civil penalty surcharge of $12.50 is added for each toll violation that remains unpaid after 42 days. Thus, a driver who fails to pay a $1.00 toll is initially assessed $51.00 in toll debt, which increases to $88.50 if it is not paid within an additional 42 days. The Amnesty Program is structured to collect at least as much revenue as Delaware collects annually in toll debt that is in collections. Toll violations that occurred on I-95 and SR 1 between January 1, 2014 through April 30, 2020 are eligible for the Amnesty Program and notice of the Amnesty Program will be provided to each person with eligible toll debt. The Amnesty Program will operate for 3 months. The Amnesty Program will not apply retroactively. To satisfy toll debt under the Amnesty Program, a person must pay the full amount of the tolls owed and an amnesty fee. The amnesty fee reduces the amount due from fees and penalties and is established under this Senate Joint Resolution in amounts based upon the number of toll violations included in the toll debt. For example, a person with 9 toll violations can satisfy their $796.50 toll debt by paying $69.00 and a person with 496 toll violations can satisfy their $43,896.00 toll debt by paying $1,306.00. Instead of a flat fee per violation, the Volunteer Ambulance Company Fund and the Fund to Combat Violent Crimes will each receive a portion of each amnesty fee that is collected during the Amnesty Program, and it is anticipated that each fund will receive a total payment that is equal to or greater than the amount these funds would anticipate receiving through the regular collections process.CREATING A TOLL VIOLATION AMNESTY PROGRAM.
HA 1 to HB 212PassedBradyThis Amendment removes language allowing some plastic bags and returns to language that already allowed for bags containing prepared foods and baked goods. This Amendment removes the separate enforcement provisions in §6099A(h)(1) and (h)(2), thus placing enforcement under the Department’s general administrative enforcement powers. 
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 250SignedCarsonThis Bill is the Fiscal Year 2022 Appropriations Act.AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
HB 251SignedCarsonThis Act appropriates $221,121,200 to provide one-time funded projects through the Office of Management and Budget.AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2022 TO THE OFFICE OF MANAGEMENT AND BUDGET.
HA 2 to HB 212PassedBradyThis Amendment moves the date § 6099A(a)(4)a. becomes effective from January 1, 2022 to July 1, 2022. This change makes the implementation of the restrictions on plastic bag use effective on the same date for both large and small stores. 
HA 2 to HB 122PassedHeffernanThis Amendment strengthens the role of stakeholders in developing the 14(c) phase out plan by requiring the Employment First Commission to appoint a task force comprised of stakeholders, including national subject-matter experts, to develop the phase out plan as opposed to merely consulting with stakeholders. The Amendment also adds a requirement that the phase out plan include consideration of current sheltered workshop employees’ wishes to continue working in or near the same location and people with whom the employee is friendly or familiar. This amendment changes the date by which the Employment First Oversight Commission shall develop their implement their plan from July 1, 2023 to January 31, 2024 in order to afford ample time to convene and complete the tasks necessary. This amendment also includes in the plan assurance of adequate funding to support those employers once an individual is hired and the number of individuals who may lose a job opportunity as a result of a minimum wage increase. Finally, the amendment requires that the Commission provide the plan to the General Assembly. 

Senate Committee Assignments

Committee
Education
Elections & Government Affairs
Environment & Energy
Executive
Finance
Housing
Labor

House Committee Assignments

Committee
Administration
Appropriations
Corrections
Education
Labor

Senate Committee Report

Committee
Banking, Business & Insurance
Elections & Government Affairs
Executive
Finance
Housing
Judiciary

House Committee Report

Committee
Administration
Appropriations
Transportation/Land Use and Infrastructure

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Alston-Jackson, NicoleConfirmedJustice of the PeaceReappointment
Bawa, NinaConfirmedJustice of the PeaceReappointment
Brennan, Danielle JoffeeConfirmedJudge of Superior CourtNew
Brock, Nicholas ConfirmedJustice of the PeaceNew
Bunting, CelesteConfirmedProfessional Standards BoardReappointment
Burcat, PeterConfirmedJustice of the PeaceReappointment
Campbell, JenniferConfirmedProfessional Standards BoardReappointment
Decker, HenryConfirmedCommissioner of the Delaware River and Bay AuthorityReappointment
Dixon, Bracy C.ConfirmedJustice of the PeaceReappointment
Fitzgerald, CraigConfirmedCommissioner of Family CourtReappointment
Freel, Charles M.ConfirmedIndustrial Accident BoardNew
Hudson, MonroeConfirmedCommissioner of CorrectionNew
Losito, ShelleyConfirmedJustice of the PeaceReappointment
Mette, Jacqueline P.ConfirmedCommissioner of the Alcoholic Beverage Control CommissionNew
Michini, MichelleConfirmedJustice of the PeaceNew
O.Malley, Francis J.ConfirmedProfessional Standards BoardReappointment
Watson, Robert L.A.ConfirmedDelaware Interscholastic Athletic AssociationReappointment
Young, EugeneConfirmedDirector of the Delaware State Housing AuthorityNew