Daily Report for 6/24/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 56 w/ HA 1PassedPinkneyThis Concurrent Resolution directs the General Assembly to work with DNREC, DSWA, and RPAC to identify funding for the Recycling Grants and Low Interest Loan Program. It also encourages further outreach and education on the importance of recycling electronic devices. DIRECTING THE GENERAL ASSEMBLY TO WORK WITH DELAWARE'S DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL AND THE DELAWARE SOLID WASTE AUTHORITY TO IDENTIFY A NEW FUNDING SOURCE FOR THE RECYCLING GRANTS PROGRAM AND ENCOURAGING EDUCATION AND OUTREACH ON THE IMPORTANCE OF RECYCLING ELECTRONIC DEVICES.
SCR 57PassedPinkneyThis resolution designates June 2021, as "National Immigrant Heritage Month" in Delaware.DESIGNATING THE MONTH OF JUNE 2021, AS “NATIONAL IMMIGRANT HERITAGE MONTH” IN THE STATE OF DELAWARE.
SCR 60PassedEnnisThis Senate Concurrent Resolution honors the Delaware Volunteer Firefighter’s Association for a century of service to the citizens of Delaware.HONORING THE DELAWARE VOLUNTEER FIREFIGHTER’S ASSOCIATION FOR A CENTURY OF DISTINGUISHED SERVICE TO THE CITIZENS OF DELAWARE.
HCR 36PassedK. WilliamsThis Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2020.COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2020.
HCR 38PassedK. WilliamsThis Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2021.COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2021.
HCR 37PassedK. WilliamsThis Concurrent Resolution commends the 2021 Delaware State Teacher of the Year, Kimberly Stock, and all of the District Teachers of the Year.COMMENDING KIMBERLY STOCK REPRESENTING THE RED CLAY SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S STATE TEACHER OF THE YEAR FOR 2021 AND COMMENDING EACH SCHOOL DISTRICT'S TEACHER OF THE YEAR.
HCR 35PassedK. WilliamsThis Concurrent Resolution commends the 2020 Delaware State Teacher of the Year, Rebecca Louise Vitelli, and all of the District Teachers of the Year.COMMENDING REBECCA LOUISE VITELLI REPRESENTING THE COLONIAL SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S STATE TEACHER OF THE YEAR FOR 2020 AND COMMENDING EACH SCHOOL DISTRICT'S TEACHER OF THE YEAR.
HCR 39PassedK. WilliamsThis Concurrent Resolution establishes a date for the Delaware Volunteer Firefighters' Association (DVFA) to report findings back to the 151st General Assembly.ESTABLISHING A DATE FOR THE DELAWARE VOLUNTEER FIREFIGHTERS' ASSOCIATION (DVFA) TO REPORT FINDINGS BACK TO THE 151ST GENERAL ASSEMBLY.
HA 1 to SB 161PassedLambertThis Amendment makes clear that an individual may not surrender a baby at a Delaware State Police station.  
HR 16PassedMitchellThis House Resolution requests each school district and charter school to release in a timely fashion a list containing the names and addresses of all graduating high school seniors to the Department of Education. The Department of Education is requested to assist the Delaware House of Representatives by compiling the lists of graduates into a single report by no later than July 15th of each year.REQUESTING THE RELEASE OF LISTS OF HIGH SCHOOL GRADUATES TO THE HOUSE OF REPRESENTATIVES.
HB 256CommitteeKowalkoThis Act adjusts the existing tax brackets and the tax rate for each bracket, combining some existing brackets and creating 2 new brackets. The 2 new brackets are taxed at the highest rates, but by combining some existing brackets, this Act also slightly increases or decreases the tax rate for some incomes. Under current law, taxable income in excess of $60,000 is taxed at a rate of 6.6%. Under this Act, for taxable years beginning after December 31, 2020, income between $60,000 and $125000 will continue to be taxed at a rate of 6.6%, but income above $125,000 will be taxed as follows: 1. In excess of $125,000 but not in excess of $250,000, at 6.75%. 2. In excess of $250,000, at 6.95%AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.
SCR 61PassedSokolaThis resolution honors the life of Sean Locke and recognizes all loss survivors of suicide. It further urges increased awareness of the need for more mental health resources for those suffering from depression and increased support for the loss survivors. This resolution further honors the life and memory of Sean Locke.HONORING SEAN LOCKE AND INCREASING AWARENESS FOR THE NEED FOR MORE MENTAL HEALTH RESOURCES.
SA 1 to SB 163PWBLawsonThis amendment removes line 11 in its entirety.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 57 w/ SA 1SignedSmykThis bill requires a landlord to provide 15 days written notice to a single room tenant prior to the termination of a rental agreement for any reason other than a material violation. This notice provision ensures that the tenant has time to find suitable housing prior to the termination of their current lease, while still permitting a landlord to quickly remove a tenant renting a single room within a house.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RULES AND REGULATIONS RELATING TO CERTAIN BUILDINGS SINGLE ROOM LEASE.
HB 156SignedSchwartzkopfThis Act amends the Charter of the City of Rehoboth Beach to provide that the City Manager may delegate supervisory authority, including supervisory authority over the City’s Beach Patrol. This Act also clarifies that the City Manager has the authority to determine the composition of the Beach Patrol and establish rules and regulations covering the qualifications of members of the Beach Patrol. This Act also deletes provisions vesting members of the Beach Patrol with all the authority of a member of the Police Force. This Act also further clarifies the duties of the Beach Patrol in connection with its charge to preserve human life along the beachfront of the City.AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH RELATING TO THE CITY MANAGER’S DELEGATION OF SUPERVISORY AUTHORITY OVER CITY EMPLOYEES, INCLUDING BEACH PATROL EMPLOYEES.
HB 170SignedSchwartzkopfThis Act allows counties to use Realty Transfer Tax funds to pay expenses related to assessments and reassessments of real property and associated improvements. Further, it permits New Castle County to expand potential referees of tax assessment appeals beyond members of the Bar of the State of Delaware.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES.
HB 163 w/ HA 1SignedWilson-AntonThe Delaware Code does not currently contain any explicit direction for public schools relating to school absences for observance of religious holidays. This Act requires schools to excuse a pupil's absence for observance of a religious holiday, and further requires districts and charters to have a policy discouraging teachers from scheduling tests, presentations and the like on days where some students may be absent for a religious holiday. A pupil who does miss a grading event must be allowed to make-up the test or otherwise recover credit. The Department of Education is directed to promulgate rules and regulations relating to implementation of this Act, including a list of holidays on which an absence for religious observance must be excused.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE AND RELIGIOUS HOLIDAYS.
HB 195 w/ HA 2SignedDorsey WalkerThis Act requires certain police officers and some certain employees of the Department of Correction and Department of Services for Children, Youth, and Their Families to wear a body worn camera and to use the body worn camera to record interactions with a member of the public in accordance with the regulations to be established by the Council on Police Training. This Act requires state agencies to implement the statewide body worn camera program through the procurement of cameras, development of a central data storage program, and provision of necessary personnel as funding is available. This Act tasks the Council on Police Training with creating and promulgating regulations setting forth standards for body worn camera use by Delaware’s police officers and some certain employees of the Department of Correction and Department of Services for Children, Youth, and Their Families with the goal of ensuring widespread and consistent use of body worn cameras in 2022. This Act also makes changes to the membership of the Council on Police Training by adding the following members to the Council: the Chairs of the House and Senate Public Safety Committees, 2 public members unaffiliated with law enforcement appointed by the Governor each for a 3-year term. This bill also changes the membership of the Council by changing two positions to be permanently held by mayors from Kent or Sussex County. The bill also changes the quorum from 7 to 9 members. The bill requires the Council to hold a minimum of two public meetings to solicit public input into the development of the regulations. AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF BODY WORN CAMERAS.
HB 184SignedBentzThis Act reduces the time frame to obtain a blood specimen from newborn infants from 72 hours to 24 to 48 hours after birth for screening for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. It also requires that blood specimens be destroyed once screening and testing is complete including confirmation of any diagnosis. It also provides that the Division of Public Health provide abnormal results only to the physician of record. It also requires all fees collected from newborn screening to be used to defray operating expenses associated with the Newborn Screening Program and for programs to ensure optimal health and development across the lifespan of the maternal and child health population. Finally, the Act makes several technical corrections consistent with the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE NEWBORN SCREENING PROGRAM.
HB 201SignedBennettThis legislation updates the licensing requirements for gaming employees and vendors. In addition, it updates references in certain sections of the laws to reflect which law enforcement agencies are responsible for the duties as described in the Delaware Code. It also ensures that administrative and vendor costs necessary to run the Internet video lottery are deducted only once from the net proceeds derived from the Internet video lottery. Finally, this Act clarifies that the prohibition on selling a lottery ticket for a price greater than that fixed by the Director includes sports lottery tickets in addition to drawing lottery tickets and instant lottery tickets.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.
HB 207SignedK. WilliamsThis Act does the following: (1) Removes the requirement that applicants for initial and continuing educator licenses obtain a passing score on an approved performance assessment. (2) In place of the performance assessment requirement, requires professional development and mentoring activities include a focus on acquisition of pedagogical knowledge and the ability to apply that knowledge to meet student needs and requires the Department of Education (Department) to establish a committee of stakeholders to gather input and make recommendations on how to achieve professional development and mentoring activities that satisfy the requirements. (3) Removes requirements related to performance assessments, including reporting requirements and rulemaking requirements, from Chapter 12 of Title 14. (4) Allows individuals who serve in educator roles that are not teaching positions to receive their Delaware educator license by changing "teaching experience" to "experience as an educator" in § 1210(d) of Title 14 and § 1211(c) of Title 14. (5) Requires the Department to ensure there are a variety of professional development opportunities across different modes that meet a high standard of quality, including evidence-based programs. (6) In place of the performance assessment requirement for participants in alternative routes for teacher licensure and certification programs and participants in alternative routes to certification programs for teachers of students with disabilities, requires an assessment of program participants' abilities to apply pedagogical skills to meet the needs of students and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (7) In place of a performance assessment requirement, requires that educator preparation programs assess prospective educators' ability to apply pedagogical skills to meet student needs and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (8) Makes corrections, including standardizing references to the educator evaluation system and changing "certificate" to "license" in places where improperly used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS.
SS 1 for SB 65 w/ SA 1SignedPettyjohnSenate Bill No. 65 establishes the Focus on Alternative Skills Training Program ("FAST"). FAST will provide tuition assistance, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the FAST program. Senate Substitute No. 1 for Senate Bill No. 65 differs from Senate Bill No. 65 as follows: 1. Extends eligibility from 18 to 24 months after an individual graduates from high school. 2. Increases the maximum amount of assistance that an individual may receive from $9,000 to $10,000. 3. Allows tuition payments for up to 12 months instead of 6 months. 4. Requires FAST to be implemented within 6 months of enactment, instead of 1 year. 5. Acknowledges the expected availability of federal funds for FAST. 6. Sunsets FAST 2 years after enactment. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FOCUS ON ALTERNATIVE SKILLS TRAINING PROGRAM.
HCR 29PassedMatthewsThis Concurrent Resolution establishes the Subdivision Street Funding Task Force to study and make findings and recommendations regarding funding and implementing the needed maintenance and reconstruction of subdivision streets identified by the Department of Transportation in the “Subdivision Street Report and Analysis” provided in response to House Concurrent Resolution No. 4 (151st General Assembly).ESTABLISHING THE SUBDIVISION STREET FUNDING TASK FORCE.
HB 213SignedMitchellThis Act amends the Charter of the Town of Elsmere and Title 21 of the Delaware Code to create a Voluntary Assessment Center and establish procedures governing the creation and operation of the Center.AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELSMERE AND TITLE 21 OF THE DELAWARE CODE RELATING TO A VOLUNTARY ASSESSMENT CENTER.
HB 221SignedBushThis Act codifies procedure for the appointment of a County Administrator by the Kent County Levy Court and specifies the powers and duties of that position. Section 2 of the Act strikes Section 5001 of Title 9 relating to Kent County because it is a duplicate of existing Section 4117 of Title 9. Section 3 strikes 4112 relating to employment of county officers, as authority over hiring is now vested in the County Administrator pursuant to new Section 4108(d)(1). Section 4 updates the provision relating to the Kent County Engineer so that position is hired by the County Administrator rather than the Levy Court.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF KENT COUNTY GOVERNMENT.
HB 222 w/ HA 1SignedLambertCurrently, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based on the risk factors that determine when screening or testing is necessary. This Act simplifies the requirements and process for health-care providers and eliminates confusion that may be causing the low compliance rate for screening or testing. Specifically, this Act does the following: (1) Defines “screening” and “testing” for clarity. (2) Mandates screening, defined as a capillary blood test, at or around 12 and 24 months of age. (3) Clarifies insurance coverage for the costs of compliance with the Act. (4) Directs the Division of Public Health to report on elevated blood lead levels to the General Assembly annually and to develop regulations to implement and enforce the Act within 12 months of being enacted. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO CHILDHOOD LEAD POISONING PREVENTION.
HB 226 w/ HA 1SignedBennettSubchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. This Act removes the exemption from liability for donation of prepared food from Title 10 so that the exemption no longer appears in both Title 10 and Title 16. The Act also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.AN ACT TO AMEND TITLES 10 AND 16 OF THE DELAWARE CODE RELATING TO IMMUNITY FROM LIABILITY FOR DONATED FOOD.
HB 245 w/ HA 1, HA 4SignedSchwartzkopfThis bill changes the deadline for the General Assembly to reapportion and redistrict the State after each federal decennial census to within 120 days following receipt of the federal decennial census data for redistricting pursuant to Public Law 94-171.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REDISTRICTING AFTER FEDERAL DECENNIAL CENSUS.
SS 1 for SB 7 w/ SA 2, SA 1 + HA 4SignedMantzavinosThis substitute bill incorporates the provisions of Senate Amendment 2 to the original bill, including reiterating in the Whereas statements the existing law that requires persons arrested for a violent felony while out on bail awaiting trial for a previous violent felony to be held without bail. It also updates the language regarding the courts' obligation to review bail to reflect current practice and requires reporting on such cases and racial impact by the Criminal Justice Council in its annual report. Finally, it provides a sunset provision so that the bill expires when the constitutional amendment regarding bail is enacted. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BAIL.
SA 1 to SS 1 for SB 65PassedPettyjohnThis Amendment extends the deadline to implement this Act from 6 months to 1 year from the date of enactment, if it has not been enacted earlier. 
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.
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.
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.
SA 1 to HB 57PassedGayThis Amendment provides additional time for tenants to find alternate accommodations following notification of termination of a non-written lease for reasons of interference with quiet enjoyment or similar conduct, and for any other reason.  
SS 1 for SB 151CommitteeS. McBrideAcquiring a driver’s license is an important part of young adults in foster care achieving normalcy and eventual independence. Yet, youth in long term foster care face numerous unique barriers in this endeavor. Not only are there logistical challenges in the process of obtaining a license for teenagers not in parental care, but the automobile insurance industry’s rules can be unaccommodating and financially prohibitive. And, research shows that youth who leave foster care with a driver’s license are more likely to have a successful outcome, avoiding homelessness and incarceration, as reliable transportation is a crucial step to employment. Like Senate Bill No. 151, this Substitute Act seeks to aid youth in foster care by doing the following: (1) Establishing a pilot program within the Office of the Child Advocate (“Office”) that would pay the cost of driver education, licensure and other costs incidental to licensure, and motor vehicle insurance. (2) Prohibiting automobile insurers from using certain factors in determining a foster child’s automobile insurance rates. (3) Prohibiting the DMV from charging certain fees related to licensure for a foster child participating in the Office’s pilot program. (4) Exempting certain individuals from liability for negligence of a foster child. This Substitute differs from Senate Bill No. 151 as follows: (1) By directing that the Act is to be implemented the earlier of April 1, 2023, or the date of publication in the Register of Regulations of a notice by the Child Advocate that the Act is to be implemented. (2) By setting the date reports from the Office of the Child Advocate are due based on the implementation date of the Act. (3) By directing the Act to expire, or sunset, 2 years from the implementation date of the Act.AN ACT TO AMEND TITLE 18, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROVIDING FOR DRIVER EDUCATION TRAINING, A DRIVER’S LICENSE, OR MOTOR VEHICLE INSURANCE FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES OR AN INDIVIDUAL SUBJECT TO EXTENDED JURISDICTION.
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 House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 24SignedHansenThe intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering. Exceptions are provided for the following: - A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract. - A hot air balloon that is recovered after launching. - A balloon that is released and remains indoors. - A balloon that is filled with water for recreational purposes and recovered after recreation. - A balloon that is negligently or unintentionally released. Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows: - The first violation is subject to a civil penalty of at least $25. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation. The mass release of balloons is penalized as follows: - A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service. Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original Senate Bill No. 24 by doing the following: - Making clarifications to the synopsis and the notice to be posted by retail or wholesale establishments. - Providing delayed enforcement for individuals who violate the prohibition of littering with 1 to 4 balloons or the mass release of balloons on or before April 30, 2022. Persons who are not individuals, such as organizations, are subject to the penalties under this Act immediately upon the effective date of this Act. This Substitute also makes technical corrections that were missed in the original Senate Bill No. 24.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.
SB 85SignedPooreThis bill allows the Public Guardian to collect fees for services in accordance with standards to be established by the Guardianship Commission and approved by the Court of Chancery.AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE PUBLIC GUARDIAN.
SB 91SignedGayThis Act leverages technological advances to allow Family Court the flexibility to permit litigants to publish through a legal notices website established by the Court. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including to ensure the consistency of language used throughout the provisions included in this Act.AN ACT TO AMEND TITLE 10 AND TITLE 13 OF THE DELAWARE CODE RELATING TO PUBLICATION.
SB 6 w/ SA 1 + HA 1, HA 2Passed HouseSokolaThis Act creates the Delaware Large Capacity Magazine Prohibition Act of 2021. The Act includes clear definitions for the term “large-capacity magazine,” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition. After enactment, possession of large-capacity magazine will be a class B misdemeanor for a first offense and a class E felony for any subsequent offense. Those who possess a prohibited large-capacity magazine when this Act takes effect must, by June 30, 2022, relinquish the large-capacity magazine to a law-enforcement agency in this State. This Act establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
SB 107 w/ HA 1SignedPinkneyThis Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for a medically necessary insulin pump at no cost to a covered individual.AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF INSULIN PUMPS.
SB 109 w/ SA 1SignedS. McBrideThis Act requires that home health-care services for Medicaid long-term care services and support providers be reimbursed for services by Medicaid-contracted organizations at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services. This rate floor system is currently used for reimbursement rates for home health-care nursing services paid for by Medicaid-contracted organizations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MEDICAID REIMBURSEMENT RATES FOR HOME HEALTH-CARE SERVICES.
SB 117 w/ SA 1SignedEnnisThis bill allows schools and school districts to submit an application to the Department of Education to have a school designated as a Purple Star School. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND PURPLE STAR SCHOOLS.
SS 2 for SB 78 w/ SA 1SignedSturgeonSenate Bill No. 78 enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a school board or the State Board of Education if the member is charged with a crime that would disqualify the individual from holding the position if convicted. 5. Requires the suspension of a charter school board member who is charged with a disqualifying offense. Existing law requires potential charter school board members to undergo and pass a criminal background check to serve as a charter school board member. 6. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The disqualifying convictions under Senate Bill No. 78 are similar to those that cause an educator to lose their license or certificate and the additional qualifications do not apply to current school board members until the expiration of the member’s current term, unless the member is charged with a disqualifying crime while serving. Senate Substitute No. 1 for Senate Bill No. 78 differs from Senate Bill No. 78 as follows: 1. Automatically suspends a member of the State Board of Education or a vocational-technical school district board if the member is charged with a disqualifying crime instead of requiring the Governor to suspend the member. 2. Imposes a 10-year period of ineligibility, instead of a lifetime bar, for someone convicted of a violent felony. 3. Removes the section making this Act effective immediately because legislation is always effective immediately, unless otherwise provided, so that section is unnecessary. Senate Substitute No. 2 for Senate Bill No. 78 differs from Senate Substitute No. 1 for Senate Bill No. 78 and Senate Bill No. 78 as follows: 1. Changes the permanent disqualification of an individual convicted of a felony offense against public administration to a 10-year disqualification like other felonies. 2. Requires a candidate for election to a school board to have requested the background checks by the deadline to file notice of candidacy but provides the State Bureau of Identification and the Department of Services for Children, Youth and Their Families with 15 days to provide the results of the background checks. 3. Revises § 309 to Title 31 so that background check reports required under this Act are provided to the proper entities and makes additional revisions to § 309 to Title 31 for internal consistency within the statute and for consistency with other provisions of this Act.AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO QUALIFICATIONS FOR MEMBERS OF SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION.
SB 125SignedGayThis bill provides that the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, shall be deemed to be an in-state resident for the purposes of determining the tuition, fees, and other charges at Delaware public universities, colleges, or community colleges as long as the spouse or child remains enrolled at such institution.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SJR 4SignedHansenThis Senate Joint Resolution designates August 31, 2021 as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.DESIGNATING AUGUST 31, 2021, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE.
SB 133SignedSturgeonThe 2019 Delaware Literacy Plan (“Literacy Plan”) established a framework to address Delaware’s literacy challenges. The Literacy Plan concluded that a strong teacher preparation program should lay the foundation for teachers to be able to engage students in the essential components of evidenced-based reading instruction, known as the "science of reading." This Act incorporates the science of reading into Delaware’s public and charter schools by requiring, beginning July 1, 2023, that teacher preparation programs which prepare elementary school, early childhood education, or special education teachers or reading specialists must provide instruction in evidence-based reading instruction. It requires the Department of Education to establish a minimum number of hours of training that instructors in educator preparation programs must complete in evidence-based reading instruction. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS.
HA 1 to SB 6PassedBriggs KingCurrently, there is a manufacturer of firearm magazines in Georgetown that employs nearly 40 workers and produces 30, 20, 15, and 10 round magazines. This Amendment excludes a person who manufactures a large capacity from the application of the law if the person manufactures the large capacity magazine with the intent to sell the large capacity magazine, or offer the large capacity magazine for sale, to a person outside of this State. The Amendment also excludes a person who ships or transports the large capacity magazine for a person who manufactures a large capacity magazine for sale to a person out of this State.  
SCR 43PassedHansenThis resolution directs the Secretary of the Department of Human Resources to cause the Department to instruct Executive agency human resources to conduct an equity review and analysis for every employee new hire or new promotion across State Executive Branch agencies, including whether there are gender or racial inequities, utilizing the State’s advanced starting salary procedure, when reviewing the starting rate on initial appointment. The Secretary and the Department are also directed to develop a plan to remedy any inequities and issue a comprehensive written progress report to the General Assembly on or before October 30, 2021.DIRECTING THE SECRETARY OF THE DEPARTMENT OF HUMAN RESOURCES TO USE DEPARTMENTAL AUTHORITY THROUGH THE MERIT RULES AND THE STATE BUDGET ACT TO FOCUS CENTRALIZATION EFFORTS ACROSS STATE EXECUTIVE BRANCH AGENCIES TO EVALUATE EQUITY IN COMPENSATION AND SALARY, WITH STARTING RATES ON INITIAL APPOINTMENT AND THE ADVANCED STARTING SALARY PROCEDURE, INCLUDING IN THE CONTEXT OF RACE AND GENDER, AND ISSUE A REPORT ON PROGRESS TO THE GENERAL ASSEMBLY.
SB 137SignedS. McBrideThis Act amends Title 31 to allow the Superior Court to remand administrative hearing decisions after they have been reviewed on appeal for further factual findings or other proceedings as ordered by the Superior Court. In the absence of a remand decision, the Court is bound by the findings below, and has no ability to seek clarification of factual findings or to safeguard the procedural interests of the underlying parties. This Act provides the Superior Court with the type of flexible and nuanced approach it is able to employ under the Administrative Procedures Act. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE STATE PUBLIC ASSISTANCE CODE.
SB 141SignedGayThis Act is the result of over 6 years of work and collaboration among the Family Court, Department of Justice, Department of Services for Youth, Children, and their Families, the Office of the Child Advocate, private adoption agencies, and the Family Law Section of the Delaware Bar Association to modernize Delaware’s termination of parental rights (“TPR”) statute. This Act makes numerous technical and substantive revisions to conform and update the TPR statute with current practices and procedure, provide clarity to and ease of use for certain portions of the statute, and conform the TPR statute with the standards of the Delaware Legislative Drafting Manual. Notable changes include: (1) Several changes to the grounds for terminating parental rights: elimination of the ground of mental incompetence, addition of murder or manslaughter of the other parent as a ground, and creation of a new ground for parents in private TPR proceedings who have failed to alleviate circumstances causing their children to be dependent or neglected in their care after receiving notice and a reasonable opportunity to address the issues. (2) Reclassifying abandonment of a child under the Safe Arms program from an involuntary TPR to a voluntary consent. (3) Increasing the standard to terminate the rights of only 1 parent from “harmful to the child” to “serious physical or emotional harm to the child.” (4) Eliminating the requirement to note the gender of a child in a TPR petition and, except where necessary in the context of a provision, replacing gender-based identifiers (man, woman, mother, father) with “parent.” (5) Enumerating clear requirements for the contents of a social report and providing DSCYF and licensed agencies more time to complete the social report in non-DSCYF custody cases. (6) Relocating the required statement that a parent has been notified of the parent’s right to file a written notarized statement with the Office of Vital Statistics denying the release of identifying information under 13 Del.C. § 923(b) from the petition to the social report. (7) Eliminating DSCYF’s ongoing obligation to report to the Court after permanent guardianship or guardianship is granted and DSCYF holds parental rights, and codifying Family Court Civil Rule 220 relating to Post-Termination Placement Orders. (8) Clarifying that the Family Court has discretion whether to accept a TPR consent, DSCYF has sole discretion to plan with a parent if it has established a ground to be relieved from planning with that parent, and the time for filing an appeal begins to run after issuance of the Court’s written order. (9) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including revising language to use the active voice rather than the passive voice.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS.
SCR 45PassedEnnisThis Senate Concurrent Resolution continues the Motorcycle Rider Education Advisory Committee, which must meet at least quarterly to monitor the Motorcycle Rider Education Program, and assess the future needs of and recommend improvements to the Program.CONTINUING AND REORGANIZING THE MOTORCYCLE RIDER EDUCATION ADVISORY COMMITTEE.
SB 158SignedBrownThis bill expands prison-based jobs to provide work experience and job skill training and will assist offenders with reentry, while also maintaining Department of Correction (“DOC”) facilities. DOC has not been able to increase the number of offender job opportunities at its facilities or increase inmate wages due to budget constraints; and allowing offenders to be either compensated or awarded additional good time credits will allow the Department to increase the number of offenders eligible to work and provide them with additional opportunities to earn good time credits. Increasing the number of good time credit days an offender may earn will enhance the incentive for inmates to participate in approved programs and productive work. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION.
SB 159SignedBrownSection 4513 of Title 21 authorizes the installation and use of monitoring systems to assist in the enforcement of applicable law regarding motor vehicle use of roadways that the Department of Transportation (“DelDOT”) has determined are not suitable for certain commercial or other truck traffic. DelDOT’s determination of which roadways is based on myriad reasons, including vehicle height, weight, or size. This Act renames the monitoring systems to more accurately reflect their purpose. It also clarifies the following: - The purpose of the monitoring system is to assist in enforcing restrictions of trucks on certain roadways that are not suitable for certain commercial or other truck traffic. - Counties and municipalities are authorized to install monitoring systems. - The county or municipality that authorizes the installation of a monitoring system is responsible for paying or obtaining the funds for payment of the installation, use, maintenance, or other costs associated with the system. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS.
SB 10SignedHansenThis Act provides for the establishment of stormwater maintenance districts in New Castle County and for the collection and use of stormwater maintenance fees to help pay for maintenance in the districts. This Act is modeled on Chapter 52 of Title 9 that has allowed Kent County to create stormwater maintenance districts and differs only in format for clarity and to conform to the standards of the Delaware Legislative Drafting Manual. Under this Act, New Castle County will adopt an ordinance that provides the procedures and criteria related to the establishment of stormwater maintenance districts. The adoption of the ordinance is required to implement this Act. Once this Act is implemented, it is mandatory that any new subdivision or land development in any unincorporated area in New Castle County establish a stormwater maintenance district, if required to do so under the implementing ordinance. Subdivisions and land developments in existence when this Act is implemented may petition the county government to declare the area a stormwater maintenance district. A stormwater maintenance district may be established within an incorporated area, but only with the concurrence of the local governing body.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO STORMWATER MANAGEMENT DISTRICTS IN NEW CASTLE COUNTY.
SB 171SignedSokolaThis Act provides additional procedures necessary to ensure that incarcerated individuals who were residents of Delaware immediately before their date of incarceration are counted for reapportionment and redistricting purposes at their last known residence as required by law. Specifically, this Act does the following: 1. Clarifies that this law applies to individuals incarcerated in a state correction facility in Delaware. 2. Designates the Department of Elections as the state agency in charge of geocoding the last known residence of these incarcerated individuals. 3. Requires the Department of Correction to provide last known residence information in its possession to the Department of Elections by September 15 of the year of a federal decennial census after the general election of 2022. 4. Requires the Department of Elections to make reasonable efforts to correct last known residence data that is not geocodable. If the Department is not able to geocode the last known address of an incarcerated individual, the Department shall establish the address of the incarcerated individual as the State correctional facility where the individual is incarcerated. 5. Requires the Department of Elections to provide the geocoded last known residence data to the General Assembly by January 15 of the year following a federal decennial census after the general election of 2022. Additionally, Section 2 of this Act makes clear that, while the deadlines in the amended version of § 804A of Title 29 of the Delaware Code only apply prospectively, because the deadlines have passed for purposes of redistricting for the general election of 2022, the intent is that the amended version of § 804A of Title 29 apply for purposes of redistricting for the general election of 2022 and the Department of Correction and Department of Election provide the necessary data as soon as practicable. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES.
HA 1 to HB 142PassedGrayThis amendment makes technical corrections to the bill by showing deletions as shown by strikethrough 
HA 4 to HB 145PassedGriffithThis Amendment clarifies that the deduction for contributions to accounts established and maintained pursuant to the Delaware College Investment Plan is limited to $1,000 per individual per year and the deduction for contributions to accounts established and maintained pursuant to the Delaware Achieving Better Live Experience (ABLE) program is limited to $5,000 per individual per year, without regard to the number of accounts to which contributions are made. The Amendment clarifies that spouses filing a joint return are entitled to a deduction of up to $2,000 for contributions to accounts established and maintained pursuant to the Delaware College Investment Plan and up to $5,000 for contributions to accounts established and maintained pursuant to the ABLE program. The Amendment also limits the deduction for contributions to a Delaware College Investment Plan Account to contributions intended or used for qualified college expenses. The contribution for which a deduction is taken would be eligible for all qualified expenses except for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school. For contributions to a Delaware College Investment Plan Account, the Amendment provides a means test limiting the deduction to individual, head of household, or married filing separate filers with an adjusted gross income of $100,000 or less per individual, and to joint filers with an adjusted gross income of $200,000 or less. The Amendment also provides a means test limiting the deduction to individual or head of household filers with an adjusted gross income of $100,000 or less and to joint, married filing separate combined, or married filing separate with an adjusted gross income of $200,000 or less. This Amendment makes the legislation effective for contribution to 529 and ABLE accounts made after December 31, 2021. This Amendment also corrects a section numbering error in HB 145 and clarifies the references for eligible Delaware College Investment and ABLE plans. 
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. 
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. 
HA 1 to SB 107PassedBentzThis amendment creates exemptions for 2 types of health plans because this requirement conflicts with the current federal requirements for catastrophic and high deductible health plans. Both exemptions apply only if this requirement conflicts the federal law governing the type of health plan. A high deductible health plan (HDHP) is an insurance policy that has a higher deductible and lower premiums than traditional insurance plans. The Internal Revenue Code establishes the requirements for HDHPs, which include minimum deductibles and maximum out-of-pocket expenses. Under the Affordable Care Act, HDHPs may provide preventive care benefits without a deductible or other requirements, if the benefit is described as preventive care under § 1861 of the Social Security Act or determined to be preventive care in guidance issued by the Department of the Treasury. The most recent IRS guidance regarding preventive care benefits that are permitted to be provided by HDHPs includes insulin but does not include insulin pumps. Thus, this amendment exempts high deductible health plans if providing coverage under this Act if doing so would cause the plan to fail to be treated as a high deductible health plan under § 223(c)(2) of the Internal Revenue Code. Catastrophic health insurance plans are only available to people under age 30 and are not included in group health insurance. Catastrophic plans have low monthly premiums and very high deductibles because the individual insured under the plan must pay for most routine medical expenses. While catastrophic health insurance plans cover some preventive care, federal law limits the preventive care services that can be included in these plans and currently excludes the coverage required under this Act. 
HA 4 to SS 1 for SB 7PassedLonghurstThis amendment clarifies that in any case where a court sets bail for a signal offense, the court shall require the defendant to relinquish, not forfeit, any firearms in their possession. 

Senate Committee Assignments

Committee
Education
Elections & Government Affairs
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Labor
Revenue & Finance

Senate Committee Report

Committee
Environment & Energy
Finance

House Committee Report

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Labor
Natural Resources

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
SA 3 to HB 245DefeatedPettyjohnThe 2020 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 Amendment requires the General Assembly to complete the redistricting process by October 15, 2021. 

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 6 to SS 1 for SB 7DefeatedWilson-AntonThis Amendment allows defendants to post bail in the form of cash or property and may be posted by the defendant or by someone on the defendant's behalf, e.g., a relative or a bail bondsman. 

Nominations Enacted upon by the Senate

No Records