Daily Report for 6/29/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SR 18PassedTownsendThis Senate Resolution celebrates the 21st anniversary of the sister-state partnership between the State of Delaware and Taiwan and supports the strengthening of bilateral trade relations with Taiwan, the signing of a bilateral trade agreement between the United States and Taiwan, and Taiwan's meaningful participation in and contribution to international organizations.REAFFIRMING THE SISTER-STATE PARTNERSHIP BETWEEN THE STATE OF DELAWARE AND TAIWAN AND SUPPORTING THE STRENGTHENING OF BILATERAL TRADE RELATIONS WITH TAIWAN, THE SIGNING OF A BILATERAL TRADE AGREEMENT BETWEEN THE UNITED STATES AND TAIWAN, AND TAIWAN'S PARTICIPATION IN INTERNATIONAL ORGANIZATIONS.
SCR 62Passed SenateWalshThis concurrent resolution recognizes June as "Alzheimer's and Brain Awareness Month" in Delaware. RECOGNIZING JUNE AS "ALZHEIMER'S AND BRAIN AWARENESS MONTH" IN THE STATE OF DELAWARE.
HR 17PassedLonghurstThis Resolution establishes the Behavioral Health Crisis Care Task Force to study and make findings and recommendations regarding creating a behavioral health crisis care system in this State.ESTABLISHING THE BEHAVIORAL HEALTH CRISIS CARE TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING CREATING A BEHAVORIAL HEALTH CRISIS CARE SYSTEM IN THIS STATE.
HR 18PassedBaumbachThis House Resolution celebrates the 21st anniversary of the sister-state partnership between the State of Delaware and Taiwan and supports the strengthening of bilateral trade relations with Taiwan, the signing of a bilateral trade agreement between the United States and Taiwan, and Taiwan's meaningful participation in and contribution to international organizations.REAFFIRMING THE SISTER-STATE PARTNERSHIP BETWEEN THE STATE OF DELAWARE AND TAIWAN AND SUPPORTING THE STRENGTHENING OF BILATERAL TRADE RELATIONS WITH TAIWAN, THE SIGNING OF A BILATERAL TRADE AGREEMENT BETWEEN THE UNITED STATES AND TAIWAN, AND TAIWAN'S PARTICIPATION IN INTERNATIONAL ORGANIZATIONS.
HCR 40PassedLambertThis Concurrent Resolution creates the Justice Forty Oversight Committee to study and make findings and recommendations regarding environmental justice in this State.CREATING THE "JUSTICE FORTY OVERSIGHT COMMITTEE."
HS 1 for HB 168CommitteeBushThis bill would allow insurance companies to invest in mortgages on long-term leaseholds in the jurisdictions approved by the Department of Insurance. It is the intent of the Department of Insurance that the first approved jurisdiction be the United Kingdom. In the United Kingdom real estate typically is held not in fee simple (like the US) but long-term land leases. Thirty three other states including Maryland, New Jersey, and New York have similar statues. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE INVESTMENTS.
SR 19PassedGayThis resolution recognizes October 13, 2021 as "Metastatic Breast Cancer Awareness Day" in Delaware and encourages awareness among Delawareans. RECOGNIZING OCTOBER 13, 2021 AS "METASTATIC BREAST CANCER AWARENESS DAY" IN THE STATE OF DELAWARE.
HA 1 to SS 1 for SB 82StrickenMichael SmithThis Amendment does all of the following: (1) Removes the requirement that a student must be registered in the student’s school district of residence before being eligible for the school choice process. (2) Moves lines 127 – 128 to above line 80. (3) Amends the birth certificate language to more closely align to the Office of Civil Rights guidance pertaining to registration/enrollment documentation requirements.  
HA 4 to SB 147StrickenLynnDelaware courts have held that factors relevant to a determination of whether a defendant’s use of force was justified are admissible. Such factors include the defendant’s mental health and intellectual functioning, prior victimization, and knowledge or awareness of the victim’s past acts of violence. This amendment clarifies that, although the standard for use of force is changing from subjective to objective, the change does not alter or foreclose what evidence is admissible to determine whether the use of force by the defendant was justified under the totality of facts and circumstances of the case. This clarifies that police officers who are not acting in their official capacity are subject to the reasonable person standard.  
SA 1 to HB 180PWBTownsendThis amendment modifies House Bill No. 180 to provide a clear framework by which residents of a manufactured home community can obtain information relating to a potential purchaser of the community. Specifically, this amendment does all of the following: 1. Requires that the owner of a manufactured home community provide, upon request, the identity of a bona fide potential purchaser. 2. Defines "bona fide potential purchaser" as a person under a written agreement to purchase the community who has tendered a non-refundable deposit or has substantially completed due diligence. 3. Requires that when a manufactured home community owner is not required to give notice of, or extend a right of first offer, the required notice of the decision to sell, transfer, or convey all or part of the community must be provided within 15 business days of when the transaction is completed or if applicable, within 15 business days of receiving notice of the foreclosure. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 28PassedSchwartzkopfThis bill increases the minimum amount of property damage that triggers the mandatory reporting of a vehicular collision to police from $500 to $2,000. This bill also increases the minimum amount of property damage requiring police agencies to investigate from $1,000 to $2,000. This increase makes Delaware more consistent with other states and reflects the Legislature’s intention in 1997 to increase the amount annually by $100.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REPORTS OF ACCIDENTS.
HB 42PassedBushThis Act eliminates § 321(d) since § 321(c) sets forth the accepted process for furnishing of examination reports and hearing requests by the Commissioner.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE EXAMINATIONS.
HB 43PassedBushThis Act extends the limited licensing exemption for adjusters, who are dispatched by insurers to the State after catastrophic events, such as hurricanes or tornadoes, to appraisers. This change will allow for the prompt appraisal and settlement of motor vehicle claims arising from such catastrophic events. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LICENSING OF INSURANCE PROFESSIONALS.
HB 41PassedBushSection 1 of this Act clarifies that the reinstatement obligations of insurers under Section 3903(d) apply in instances of both nonrenewals and cancellations of policies due to nonpayment of premiums. Sections 2 through 4 of this Act revise the method by which an insured may contest or appeal a nonrenewal or cancellation of an automobile policy from a hearing process to a review by the Commissioner on the papers, which reflects the Department’s prior practices in handling these appeals and provides a more streamlined and efficient process for timely reviewing a consumer’s appeal. Section 5 of this Act extends the protections against unfair automobile insurance rating practices related to a service member’s deployment to deployments both within and outside of the U.S. and its waters.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO AUTOMOBILE INSURANCE POLICIES.
HB 44PassedBushThis Act reflects the National Association of Insurance Commissioner’s revisions to the Model Credit for Reinsurance Act. The revisions make the law consistent with provisions of covered agreements with the European Union and United Kingdom with respect to reinsurance collateral requirements. The changes will also provide reinsurers domiciled in National Association of Insurance Commissioners-qualified jurisdictions other than within the EU (currently, Bermuda, Japan and Switzerland) with the possibility of similar reinsurance collateral reductions. This is an accreditation bill.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CREDIT FOR REINSURANCE.
HB 3PassedBushThis Act incorporates recent changes adopted by the National Association of Insurance Commissioners to Model Law #805 “Standard Nonforfeiture Law – Individual Deferred Annuities” that address the impact on annuity products by the current low interest rate environment. Generally speaking, the standard Nonforfeiture Law requires that an individual deferred annuity contract provide the contract holder with a paid-up annuity or cash surrender benefits of a minimum amount if the contract holder surrenders the policy (e.g. stops making payments) during the accumulation period. The nonforfeiture amount is the deferred annuity’s accumulated value, minus certain charges (such as prior withdrawals and loans), based on interest rate minimums regulated by statute. Due to the COVID-19 pandemic, market interest rates have fallen so low as to render unrealistic the old statutory rates that insurance companies were required to use in determining the amount to return to contract holders. The NAIC has determined this threatens the availability of annuity products to consumers and, as such, adopted a change to the interest rate from 1% to 0.15%. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES.
HB 115PassedChukwuochaUnited States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2022, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE PROSECUTION.
HB 122 w/ HA 2PassedHeffernanThis Act is called the Jamie Wolfe Employment Act in recognition of Jamie Wolfe, a powerful disability rights advocate who worked tirelessly on behalf of people with disabilities for equal rights and equal access to education, housing, competitive and integrated employment, transportation and community-based services. The Act requires that authorization to pay individuals with disabilities less than the minimum wage required to be paid to other employees will be phased out by July 1, 2023. It is consistent with the goals of the Employment First Act enacted by the 146th General Assembly and with national trends. In September 2020, the United States Commission on Civil Rights recommended that 14(c) certificates be phased out. The Employment First Oversight Commission created in the Employment First Act is charged with the responsibility of developing and implementing a plan for the phase-out and insuring that the needs of affected providers and employees with disabilities working at less than minimum wage are considered as the phase-out is implemented. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT OF AND WAGES PAYABLE TO PERSONS WITH DISABILITIES.
HB 136 w/ HA 1PassedLynnThe Bill sets forth 8 factors a court must consider in determining a proposed relocation of a child for a period of 60 days or more in litigation involving custody or visitation. These factors include: (1) the nature, quality, extent, and duration of the child’s relationship with the individual proposing to relocate and with the non-relocating individuals, siblings and other significant persons in the child’s life; (2) the age, developmental stage, needs of the child, and the likely impact of the relocation on the child, taking into account any special needs of the child; (3) the feasibility of preserving the relationship between the non-relocating individual and the child; (4) the child’s preference; (5) any established patterns of the relocating individual to thwart or promote the relationship between the child and non-relocating individual; (6) whether the relocation will enhance the general quality of life of the child and relocating individual; (7) the reasons for requesting and opposing the relocation; and (8) any other factor affecting the best interests of the child.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO PARENTS AND CHILDREN.
SB 107 w/ HA 1PassedPinkneyThis 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.
HB 130PassedSchwartzkopfThis Act is the first leg of an amendment to the Delaware Constitution to enable the General Assembly to designate who is responsible for providing notice of a proposed amendment to the Constitution and how the notice is disseminated. This change gives the General Assembly flexibility in the dissemination of the notice, particularly as technology advances. This Act also changes the timeframe of dissemination from 3 months to between 120 and 90 days. House Bill No. 131 implements the procedure for notice of a proposed amendment to the Delaware Constitution based on the authority granted by this Act. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.AN ACT PROPOSING AN AMENDMENT TO § 1, ARTICLE XVI OF THE DELAWARE CONSTITUTION RELATING TO THE PROCEDURE FOR NOTICE TO THE PUBLIC OF A PROPOSED AMENDMENT TO THE DELAWARE CONSTITUTION.
HB 131PassedSchwartzkopfThis Act implements the procedure for the notice of a proposed amendment to the Delaware Constitution authorized by the amendment to § 1 of Article XVI of the Delaware Constitution proposed by House Bill No. 130 by doing the following: (1) Making the Secretary of the Senate ("Secretary") and Chief Clerk of the House of Representatives ("Chief Clerk") responsible for ensuring that a proposed amendment by their respective house is disseminated to the public as required by § 1 of Article XVI of the Delaware Constitution and this Act. (2) Requiring the notices be published in at least 1 newspaper of general circulation in each county and posted on the Department of Election's and General Assembly's websites. (3) Requiring the Secretary, Chief Clerk, State Election Commissioner, and Director of the Division of Research to review and approve the notice to be disseminated. (4) Requiring the Secretary and Chief Clerk to provide notice of, and certain information about, the dissemination of the notice of a proposed amendment. Because the next General Assembly must concur in the proposed amendment to the Delaware Constitution, this Act does not take effect until the passage of the second leg of the constitutional amendment in the 152nd General Assembly.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROCEDURE FOR NOTICE TO THE PUBLIC OF A PROPOSED AMENDMENT TO THE DELAWARE CONSTITUTION.
HB 161 w/ HA 1PassedBentzThis Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF HOSPITALS.
HB 159 w/ HA 1PassedMitchellThis act modifies the locations at which sheriff’s sales may be conducted to provide the sheriffs with needed flexibility and to modernize the sheriff’s sale process. The recent COVID-19 pandemic has revealed substantial inflexibility in 10 Del. C. § 4974 as currently adopted, forcing the sheriff of each of the three counties to either hold sheriff’s sales outdoors, find non-governmental venues in which to hold sheriff’s sales or cancel sheriff’s sales. Additionally, the New Castle County Sheriff is considering using an online auction process to conduct sheriff’s sales, as other counties throughout the United States have done, but § 4974 as currently adopted does not permit online sheriff’s sales. Finally, this act removes uncertainty regarding the meaning of the term “public building” as currently used in § 4974 by adopting a definition that is consistent with the Delaware Supreme Court’s definition of that term in Moore v. Wilmington Housing Authority, 619 A.2d 1166, 1174-75 (Del. 1993).AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SALES OF REAL ESTATE MADE BY A SHERIFF.
HB 167PassedOsienskiThe National Highway Traffic Safety Administration (NHTSA) has issued a final rule for odometer disclosure. NHTSA’s final rule became effective January 1, 2021. The new rule extends the age of vehicles exempt from odometer disclosure from 10 years old to 20 years old phasing the exemptions in by adding one year at a time for model year 2011 and newer vehicles. For example, a model year 2010 vehicle would be exempt starting in 2020; model year 2011 and newer vehicles would be exempt starting in 2031. This Act makes Delaware law consistent with the new federal rule. The Act also makes certain technical corrections to make the current law consistent with the Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE ODOMETERS.
HB 174SignedS. MooreThis Act strikes the sections of existing law pertaining to merged instruction and apprenticeship programs for cosmetologists and barbers because no schools have applied for approval to conduct merged programs. This Act authorizes transfer of apprentice hours to cosmetology and barbering programs which will accomplish the same purpose as merged programs which are being eliminated. This Act also makes technical changes to existing law to conform to the Legislative Drafting Manual. Under the Act, shaving certifications are available to cosmetologists or cosmetology instructors who obtain 35 hours of relevant training and authorizes a master barber to obtain a skin and nail certification either through supplemental school instruction or an apprenticeship. The Act adds lash treatments to the services an aesthetician or cosmetologist may perform in conformity with advancements in those professions. The Act increases membership in the Board of Cosmetology and Barbering by two and adds shop and school owners or managers as required categories of Board candidates. The Act also specifies that the 40 hour per week limit of school hours does not include any hours a student is using to make up missed hours.AN ACT TO AMEND TITLE 24 RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS.
HB 186PassedLambertThis Act makes the Board member terms of appointment equal in length to each other by eliminating language pertaining to when a Board member is appointed to fill a vacant seat. This Act also changes the Board meeting requirement from at least once per quarter to at least once per calendar year. The ability to meet more frequently remains intact.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PODIATRY.
HB 190 w/ HA 1PassedGriffithThis Act updates the domestic violence first offender diversion program to allow the following offenses to be eligible for the program: assault third, terroristic threatening, and criminal contempt of a domestic violence protective order or lethal violence protective order. In addition, the Act makes these same offenses ineligible for probation before judgement in the Court of Common Pleas and Family Court.AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO DOMESTIC VIOLENCE.
HB 202PassedK. WilliamsThis Act is designed to increase the opportunity for Delaware children to undergo developmental screening with a research-based screening tool at an early age in order to identify children who may be eligible for Early Intervention or special education services. It requires any applicant for a license or renewal of a license to operate a child care facility on or after July 1, 2023 to commit that each child between the age of birth and 5 years old (who has not yet entered kindergarten) enrolled by the child care provider will undergo developmental and social emotional screening. The screening mechanism to be used is the screening system approved by the Department of Education and will be administered by the parent or guardian of the child seeking to be enrolled in the child care facility. This Act permits an operator of a child care facility at a YMCA to be appointed to the Provider Advisory Board, changes references from “day care” to “child care” in the existing law and makes other changes consistent with the Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DEVELOPMENTAL SCREENING.
HB 215 w/ HA 1 + SA 1PassedMinor-BrownConfessions are powerful evidence of guilt. Therefore, this Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. Specifically, this Act mandates electronic recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime allegedly committed by an adult or a delinquent act allegedly committed by a child. The type of recording required, either audio or audio and video, depends on the location of the custodial interrogation. Recognizing that a blanket requirement of recording electronically all interrogations is not feasible, this Act provides 5 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the individual interrogated, or another individual, and (5) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by clear and convincing evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Additionally, this Act provides civil immunity for both law enforcement officers and law enforcement agencies. Finally, this Act requires the Council on Police Training to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS.
HB 230 w/ HA 1PassedGriffithRecent high-profile attacks on judges and their families are a constant reminder to those that choose public service that they may be doing so at the risk of their and their loved ones’ lives. The death of U.S. District Court Judge Esther Salas’ son, Daniel Anderl, in New Jersey is tragically just one example – numerous instances of threatening and harassing behavior targeted at judicial officers rarely make prime time news but nonetheless impacts them. The rise and use of social media and online access to information has made it more difficult for judicial officers to maintain their privacy. This Act would allow judicial officers to make a written request that their personal information not be published and remain confidential. The Act takes effect 1 year after its enactment to allow for implementation.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUDICIAL PRIVACY.
HB 212 w/ HA 1, HA 2PassedBradyThis Act provides a phased in approach to further the reduction of single-use plastic bags. This Act increases the minimum thickness for a plastic bag to qualify as a reusable bag from 2.25 mils to 10 mils effective January 1, 2022 and makes the restrictions applicable to stores regardless of size effective July 1, 2022. This Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.
HB 218PassedCarsonThis Act modernizes fishing, hunting, and trapping license and associated waterfowl and trout stamp specifications to include digital formats. This Act refines the definition of waterfowl consistent with the gamebird waterfowl definition in existing code for determining when a waterfowl stamp is required to hunt waterfowl. This Act also eliminates trout catch reporting requirements, clarifies when and where a trout fishing stamp is required for fishing, and corrects certain trout stamp exemptions in the current code.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO HUNTING AND FISHING AUTHORIZATIONS.
HB 219PassedBennettOver 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager ("PBM") networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers, and pharmacies or pharmacists, and PBMs establish networks for patients to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacy or pharmacist to decline to dispense a prescription drug or provide a pharmacy service to a patient if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacy or pharmacist declines to provide a drug or service, the pharmacy or pharmacist must inform the patient that the pharmacy or pharmacist did this because of the costs of providing the drug or service and provide the patient with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or patients. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM's registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. (6) Clarifies that the Insurance Commissioner is authorized to deny an application for registration filed by a PBM. (7) Increases the registration and renewal fee to be paid by a PBM to better reflect the cost of the registration and renewal process and better align with the fee assessed by other states that require PBMs to register. (8) Transfers § 3359A of Title 18 (regarding penalties and enforcement) to a separate subchapter focused on prohibited practices, penalties, and enforcement. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 10 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 increase the effective rate of any tax levied or license fee imposed.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.
HB 223PassedOsienskiThis Act clarifies that when a motor vehicle is subject to a possessory lien either through towing or because of failure to make payment to a garage owner for services rendered to the motor vehicle, the possessory lien does not extend to personal property located in the motor vehicle, and such property shall be returned to the owner if the owner claims the items prior to the sale of such vehicle This Act also clarifies that “abandoned personal property” does not include personal property inside an abandoned motor vehicle if the owner of the personal property files an answer to a Petition seeking full title and interest to the personal property.AN ACT TO AMEND TITLES 21 AND 25 OF THE DELAWARE CODE RELATING TO POSSESSORY AND OTHER CERTAIN LIENS ON MOTOR VEHICLES.
HB 229PassedBushThis Act authorizes the State of Delaware to execute the Interstate Insurance Product Regulation Compact to protect the interest of consumers of individual and group annuity, life insurance, and disability income insurance products; to develop uniform standards for insurance products covered by the Compact; to establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more compacting jurisdictions; to give appropriate uniform standards; to improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of the insurance products covered by the Compact; to create the Interstate Insurance Product Regulation Commission; and to perform these and such other related functions as may be consistent with the state regulation of the business of insurance. A compacting state includes any state which has enacted the legislation and has not withdrawn or been terminated. This Act also designates the Delaware Insurance Commissioner as the State representative to the Commission. Currently, 45 states and Puerto Rico have adopted this Compact and 1 additional state has pending legislation.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATED TO INTERSTATE INSURANCE PRODUCT REGULATION.
HB 228PassedGriffithThis Act adds the Delaware Combined Campaign for Justice to the 21 charitable organizations listed on the Delaware personal income tax return to which Delaware tax payers may contribute, either through paying a portion of a refund owed, or an amount in addition to taxes owed through a check off. The Delaware Combined Campaign for Justice was established in 1999 as a partnership of the Delaware State Bar Association, Community Legal Aid Society, Inc., Delaware Volunteer Legal Services and Legal Services Corporation of Delaware. The partners joined to increase the availability of civil legal services to disadvantaged people in Delaware by increasing the resources available to fund legal services.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO CHARITABLE DONATIONS TO THE DELAWARE COMBINED CAMPAIGN FOR JUSTICE THROUGH THE PERSONAL INCOME TAX RETURN.
HB 240PassedLonghurstThis Act creates the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of housing insecure undergraduate students at any college or university in Delaware and appropriates $90,000 to the Fund for FY2022. DSHA is charged with administering the Fund and reporting to the Governor and the General Assembly how the funds are spent. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO EMERGENCY HOUSING ASSISTANCE FOR COLLEGE STUDENTS AND APPROPRIATING GENERAL FUNDS TO THE STUDENT EMERGENCY HOUSING ASSISTANCE FUND.
HB 123PassedGriffithThis Act supports children who spent part or all of their teen years in the State's foster care system to access higher education by providing a tuition waiver program to cover the cost of tuition, fees, and (where offered) room and board at a public Delaware college or university. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR HIGHER EDUCATION FOR YOUTH WHO HAVE BEEN IN FOSTER CARE.
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.
HB 241PassedHeffernanThis Act permits an officer to refer a juvenile who is in possession of alcohol or marijuana to the Juvenile Civil Citation Program rather than issue an assessment for a monetary civil penalty. Pursuant to the Juvenile Civil Citation Program, a juvenile may be referred to counseling, treatment, or other appropriate interventions. The bill also removes a provision requiring monetary marijuana penalties to double if unpaid within 90 days.AN ACT TO AMEND TITLES 4, 10 AND 16 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OF MARIJUANA AND ALCOHOL.
HB 243 w/ HA 1PassedCookeThis bill prohibits law-enforcement agencies from releasing or publishing or causing to be released or published the name of any juvenile or any image depicting a juvenile, including displaying such image on any publicly maintained social media page or website, unless the juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF A JUVENILE.
HJR 4PassedSchwartzkopfThis Joint Resolution directs the Criminal Justice Council to establish and by November 2, 2021, publish integrity reports on the number of complaints made against police officers in each police agency in this State for the past 3 years, and at least once a year thereafter, and to create and publish a list of all decertified police officers in this State in the previous 10 years, which shall be updated upon notification of the decertification of any police officer.DIRECTING THE CRIMINAL JUSTICE COUNCIL TO ESTABLISH AND PUBLISH INTEGRITY REPORTS CONCERNING COMPLAINTS MADE AGAINST POLICE OFFICERS IN EACH POLICE AGENCY IN THIS STATE AND TO CREATE AND PUBLISH A LIST OF DECERTIFIED POLICE OFFICERS IN THIS STATE.
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.
SA 1 to HB 215PassedPinkneyThis Amendment further aligns House Bill No. 215 with the Uniform Law Commission’s Uniform Electronic Recordation of Custodial Interrogations Act, which is the basis for House Bill No. 215. Specifically, this Amendment does all of the following: (1) Removes the presumption of inadmissibility of a custodial interrogation required to be recorded under § 2003 of Title 11 unless an exception applies and instead requires prosecution to prove by a preponderance of the evidence that an exception to the requirement to record electronically applies. (2) In adopting the preponderance of the evidence standard, requires a court to consider the failure to record a custodial interrogation, as required under § 2003 of Title 11, in determining whether a statement made during the interrogation is admissible. (3) Provides that if the court admits into evidence a statement made by an individual during a custodial interrogation that was not recorded electronically in compliance with § 2003 of Title 11, the court is required to afford the individual the opportunity to present to the jury the fact that the statement was not recorded electronically in compliance with § 2003 of this title. (4) Makes clear that in a place of detention, a recording device, other than a body worn camera, must be simultaneously focused on both the law-enforcement officer and the individual subject to the custodial interrogation. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 57 w/ SA 1PassedSmykThis 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.
SB 28 w/ SA 1PassedHansenThis Act represents the consensus agreement among the Department of Safety and Homeland Security, the Department of Transportation, and stakeholders to provide the public with access to de-identified accident data. Access to the crash history of intersections will enable the public to weigh in on development discussions and roadway projects. This Act also clarifies when accident reports may be released and the purposes for which accident reports can be used. 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 § 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 and this Act codifies the existing practice of allowing a state law-enforcement agency to charge a reasonable fee for a copy of an accident report.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.
SB 46PassedLawsonThis Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club. 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 ALCOHOLIC LIQUORS.
SS 1 for SB 47 w/ SA 1PassedLawsonThis Act clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway. This Act also defines “yard waste”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Bill differs from Senate Bill No. 47 by removing all of the following to avoid a potential conflict of the changes exceeding the scope of the bill’s title: (1) The upper limit to the fine for a first violation of subsections (a), (b), (c), or (d) of § 4189 of Title 21. (2) The changes addressing the redesignating error. (3) The revision of the word “section” to “subsection” in the penalty provision regarding the penalty for violating all subsections besides subsection (e) of § 4189 of Title 21. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCARDING YARD WASTE ON A HIGHWAY.
SB 98PassedPinkneySection 1 of this Act addresses a condition of confinement issue that could adversely affect inmate rehabilitation efforts by eliminating solitary confinement imposed by the sentencing court. Section 2 of this Act clarifies language in the Code that states inmates will be assigned to programs based on a risk and needs assessment relative to their criminogenic risk factors and that inmates are consequently assigned to programs that correspond with those criminogenic risk factors. Section 3 of this Act makes changes to recidivism reports compiled by the Statistical Analysis Center. Section 3 of this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including removing a deadline that has already occurred.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE.
SB 105PassedPinkneyThis Act allows pharmacists to administer or dispense contraceptives under a standing order from the Division of Public Health. At least 11 states, the District of Columbia, and the U.S. Virgin Islands allow pharmacists to dispense contraceptives without a prescription from another health-care practitioner. This practice is supported by the American College of Obstetricians and Gynecologists. 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 AND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACISTS DISPENSING AND ADMINISTERING CONTRACEPTIVES.
SB 111PassedBrownThis Act creates an automatic expungement process for adult and juvenile charges that are eligible for mandatory expungement because under the petition-based system, only a small fraction of people eligible for expungement ever obtain this important relief. Under this Act, the State Bureau of Identification must identify and expunge cases eligible for automatic mandatory expungement on a monthly basis. This Act is effective immediately and will be implemented on August 1, 2024. Implementing the automatic expungement process requires coordination between different courts and state agencies. This Act is known as “The Clean Slate 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 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO AUTOMATIC EXPUNGEMENT.
SB 112 w/ SA 1PassedBrownThis Act expands eligibility for mandatory expungement of adult and juvenile cases by doing all of the following: 1. Aligns eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement. 2. Allows all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol under § 904(e) or (f) of Title 4, possession of marijuana under § 4764 of Title 16, or possession of drug paraphernalia under § 4771 of Title 16 to be expunged, regardless of prior or subsequent adjudications or convictions. 3. Repeals § 4764(j) of Title 16 because this Act makes cases for marijuana possession eligible for mandatory expungement under § 1017 of Title 10 and § 4374 of Title 11. 4. If a person has no prior or subsequent convictions, makes a case for drug possession under § 4756 of Title 16 eligible for mandatory expungement 5 years after conviction. Juvenile adjudications of delinquency for drug possession under § 4756 of Title 16 are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 5. If a person has no prior or subsequent convictions, makes additional felony convictions eligible for mandatory expungement 10 years after conviction. Juvenile adjudications of delinquency for these felonies are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 6. Applies existing exceptions for eligibility for mandatory expungement because of the status of the victim to the offenses that become eligible under this Act. 7. Makes corresponding changes to other expungement sections in Title 10. This Act adds a misdemeanor conviction for official misconduct to the offenses that are ineligible for mandatory expungement under § 4373(b) of Title 11. This Act does not make any offenses that are currently ineligible for mandatory expungement under § 4373(b) of Title 11 eligible for mandatory expungement. This Act takes effect on January 1, 2022. Section 10 of this Act aligns this Act with the changes to § 4373 of Title 11 if Senate Substitute No. 1 for Senate Bill No. 38 is also enacted into law in 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 16 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.
SJR 2 w/ SA 1PassedHansenThis Senate Joint Resolution requires the Department of Natural Resources and Environmental Control to engage authoritative federal agencies to identify the administrative structure, legal structure, and resource needs to establish a State nontidal wetlands permitting program effectively shifting the permitting program from the federal to the State level. This Senate Joint Resolution also requires that a report containing the results of this review be completed and made public within 1 year.DIRECTING THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO BEGIN COORDINATION WITH THE FEDERAL AGENCIES CARRYING AUTHORITY TO IDENTIFY THE STRUCTURE NECESSARY FOR A STATE NONTIDAL WETLANDS PROGRAM FOR THE PURPOSE OF SHIFTING PERMITTING AUTHORITY FROM THE FEDERAL LEVEL TO THE STATE.
SB 123 w/ SA 1PassedPooreThis bill will allow all surviving spouses of persons killed in the course and scope of employment to receive the same level of death benefits as the surviving spouses of those persons defined as “covered persons” in Section 6601(2), Title 18 of the Delaware Code, in the event that the surviving spouse remarries. This expansion of the death benefit beyond the surviving spouses of those persons specified in Section 6601(2) will result in all surviving spouses, who decide to remarry, being treated equally under Delaware’s Workers’ Compensation laws.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION BENEFITS.
SB 136PassedSturgeonThis Act transfers responsibility for early intervention services for children ages birth to age 3 from the Department of Health and Social Services to the Department of Education and revises the Code to be consistent with federal law. The Individuals with Disabilities Education Act (IDEA) requires states to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families. This Act requires that early intervention services be provided in compliance with all of the requirements of the IDEA, improves coordination between advisory bodies, and requires early intervention service providers to receive the same training on child abuse and the same background checks as school employees. Specifically, this Act does all of the following: Section 1. Creates a new Chapter 31A in Title 14 for the Infants and Toddlers Early Intervention Program. Section 2. Transfers responsibility for the Infants and Toddlers Early Intervention Program from the Department of Health and Social Services (DHSS) under Subchapter II, Chapter 2 of Title 16 to the Department of Education (DOE) under the new Chapter 31A of Title 14, and revises the Code as follows: 1. Aligns the Code with the requirements under the federal infants and toddlers program known as Part C of the IDEA. 2. Creates duplicate sections in Title 14 regarding the confidentiality of reports and prohibiting compulsory participation in the program consistent with existing sections in Title 16. 3. Adds standard organizational language for the Interagency Coordinating Council (ICC). 4. Requires the ICC to hold at least 1 joint meeting each calendar year with the Governor’s Advisory Council for Exceptional Citizens (GACEC) because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 3. Makes corresponding changes to Subchapter I, Chapter 2 of Title 16 to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program to DOE. Section 4. Adds the chair of the ICC as a member of the Early Childhood Council (ECC) and makes corresponding changes to the membership of the ECC to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program. Section 5. Requires the GACEC to hold at least 1 joint meeting each calendar year with the ICC because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 6. Requires early intervention service providers to receive the same child abuse and child safety awareness, prevention, detection, and reporting training as school employees. Section 7. Makes corresponding changes to § 7904 of Title 29 reflecting the transfer of the authority to charge a fee for a service provided by Child Development Watch from DHSS to DOE. Section 8. Requires early intervention service providers to receive the same background checks as other child-serving entities and makes corresponding revisions to the procedures to obtain and review the information received from these background checks. Section 9. Delays the implementation of this Act until July 1, 2023 to provide time for the transfer of the program, including the promulgation of regulations. Section 10. Provides that this Act is known as the “Infants and Toddlers Early Intervention Act”. 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 § 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 14, TITLE 16, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO EARLY INTERVENTION SERVICES.
SB 138PassedS. McBrideThis bill changes the requirements for members to be appointed to the Authority on Radiation Protection. It also allows for removal of a member by the Governor in certain limited circumstances, and clarifies the number of members needed to constitute a quorum. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RADIATION CONTROL.
SB 139PassedS. McBrideThis bill changes the requirements for members to be appointed to the Delaware Emergency Medical Services Oversight Council. The bill also clarifies that a member may serve for a term of up to three years and is eligible for reappointment and the number of members needed to constitute a quorum. In addition, the bill allows for removal of a member by the Governor under certain circumstances and clarifies that the Council may adopt bylaws for adopting operating procedures. The bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE EMERGENCY MEDICAL SERVICES OVERSIGHT COUNCIL.
SS 1 for SB 120PassedTownsendThis Act is a substitute for Senate Bill No. 120. Like Senate Bill No. 120, this Substitute continues recent efforts to strengthen the primary care system in this State by doing the following: (1) Directing the Health Care Commission to monitor compliance with value-based care delivery models and develop, and monitor compliance with, alternative payment methods that promote value-based care. (2) Requiring rate filings limit aggregate unit price growth for inpatient, outpatient, and other medical services, to certain percentage increases. (3) Requiring an insurance carrier to spend a certain percentage of its total cost on primary care. (4) Requiring the Office of Value-Based Health Care Delivery to establish mandatory minimums for payment innovations, including alternative payment models, and evaluate annually whether primary care spending is increasing in compliance with the established mandatory minimums for payment innovations. (5) In Sections 2 and 3 of this Act, revising the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position to comply with the requirements of the Delaware Constitution. These revisions are largely similar to those proposed in Senate Substitute No. 1 to Senate Bill No. 59 (151st General Assembly) (“the Substitute”). As such, Section 2 is designed to take effect if the Substitute does not pass both chambers or passes but is not enacted; Section 3 is designed to take effect if the Substitute passes both chambers and is enacted. (6) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual This Substitute differs from Senate Bill No. 120 as it does all of the following: (1) Adds a “whereas clause” stating that the Department of Insurance does not regulate Medicaid or employer-based plans provided under the Employee Retirement Income Security Act, or their rates. (2) Provides that rate filings for health benefit plans may not include aggregate unit price growth for nonprofessional services that exceed the greater of 2% or Core CPI plus 1% in 2024, 2025, and 2026. (3) Makes a technical correction to properly alphabetize definitions in Section 4 of the Act (relating to § 2503 of Title 18). (4) Removes “mental health and substance abuse disorder” from the definition of an “inpatient hospital”. (5) Adds a definition of “professional services” and makes clear that “nonprofessional services”, which are subject to the aggregate unit price growth limits of § 2503(a)(12)a. of Title 18, do not include professional services. (6) Amends the definition of “other medical services” to make clear the term includes the facility component of vision exams, dental services, and other services when those services are billed separately from the professional component. (7) Changes the date for mandatory minimums for payment innovations to support a robust system of primary care to January 1, 2026. (8) Make clear that the Office of Value-Based Health Care Delivery is to annually evaluate whether primary care spending is increasing in compliance with the requirements of, and regulations adopted under, all of Title 18. (9) Requires the Office of Value-Based Health Care Delivery to collect data and develop reports to monitor and evaluate the percentage of spending in primary care that is delegated to hospitals and related networks for care coordination through alternative payment models. (10) Removes the sunset date on provisions requiring individual, group, and State employee insurance plans to reimburse primary care physicians, certified nurse practitioners, physician assistants, and other front-line practitioners for chronic care management and primary care at no less than the physician Medicare rate. (11) Sunsets Sections 5 and 6 of this Act and § 2503(a)(12)a. of Title 18 as contained in Section 4 of this Act on January 1, 2027.AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE, CHAPTER 189, VOLUME 82 OF THE LAWS OF DELAWARE, AND CHAPTER 392, VOLUME 81 OF THE LAWS OF DELAWARE, AS AMENDED BY CHAPTER 141, VOLUME 82 OF THE LAWS OF DELAWARE, RELATING TO PRIMARY CARE SERVICES.
SS 1 for SB 82 w/ SA 1PassedLockmanThis Act is a substitute for Senate Bill No. 82. Like Senate Bill 82, this Substitute does all of the following: (1) Codifies the Department of Education’s (“Department”) current efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. (2) Requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process must include certain features. (3)Requires the Department to provide training to certain school district and charter school employees regarding the uniform public school registration process and issue guidelines for privacy of information submitted as part of the registration process. (4) Requires the Department to report to the Governor and General Assembly, no later than March 14, 2022, on the Department’s ability to connect the Internet-based uniform public school registration process to other Internet-based systems that are used to collect student data by the State; the Department; a licensed child care provider, including Head Start; or a public school serving preschool through age 21. This Substitute differs from Senate Bill No. 82 by doing all of the following: (1) Clarifying that a student must be registered in the student’s school district of residence before being eligible for the school choice process. (2) Requiring a public school be certified as completing training from the Department on the uniform public school registration process before providing paper forms as part of the in-person registration process. (3) Requiring the Department to provide uniform information about the uniform public school registration process to public schools and requiring the public schools to post the information on the school’s website and in other publications. (4) Requiring a public school to provide a parent with certain information after the parent completes the registration process, including the public school and school in which the child is enrolled. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL REGISTRATION.
HCR 24PassedChukwuochaThis Resolution: 1) Celebrates Senate Bill No. 56 and the immediate investment of targeted funding for student needs; 2) Describes the need for additional action from the General Assembly to update and modernize remaining underlying education funding issues; 3) Requires the Department of Education to report information to help illuminate systemic inequities in the current education funding system to inform future legislative proposals.MODERNIZING DELAWARE’S EDUCATION FUNDING SYSTEM.
SB 142PassedPooreThis bill removes the exclusion of Community Transportation Funds from the performance-based rating system. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.
SCR 50PassedGayThis Senate Concurrent Resolution establishes the purpose and protocol for the creation of an annual report on home visiting programs in Delaware. The report is to be prepared by the Department of Health and Social Services in consultation with the Department of Education and the Delaware Home Visiting Community Advisory Board for review by the Governor, the Delaware State Senate, the Delaware State House of Representatives, the Delaware Kids' Caucus, and the Delaware Early Childhood Council no later than December 1 of each year, and is to include a summary of current practices and challenges, as well as program recommendations. DIRECTING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO PRODUCE AN ANNUAL REPORT ON THE STATUS OF DELAWARE'S HOME VISITING PROGRAMS.
SB 145PassedPooreThis Act amends the Charter of the Municipal Service Commission of the City of New Castle by granting the City Council of New Castle the power to appoint two of the three Commissioners to serve on the Municipal Service Commission, with the incumbent Mayor as the third Commissioner. This Act also sets the terms of each appointed Commissioner to 4 years, and allows the City Administrator to serve as a substitute for the Mayor on the Commission in the Mayor's absence. AN ACT TO AMEND THE CHARTER OF THE MUNICIPAL SERVICE COMMISSION OF THE CITY OF NEW CASTLE.
SB 147SignedPinkneyThis Act codifies a reasonableness requirement for the use of force, both non-lethal and lethal. This is important when the state of mind is an issue in a criminal trial, such as when the judge or jury must decide as to what someone believed, knew, or intended at a given time. The justification law as currently written uses the term “defendant believes” throughout its several sections. This Act makes it clear that the determination of one’s state of mind is an objective standard —that is, what a reasonable person would have believed, rather than what the defendant believed. Additionally, this Act makes clear that deadly force includes the use of a chokehold.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO USE OF FORCE.
SB 148PassedPinkneyThis Act expands the Division of Civil Rights and Public Trust’s responsibility to review deadly use of force incidents by law enforcement by adding review of cases involving serious physical injury. It also requires that if the Division issues a public report on the use of force, the report must include the race of the law enforcement officer who used force, the race of the individual on whom force was used, and whether race was a relevant or motivating factor.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF CIVIL RIGHTS AND PUBLIC TRUST.
SB 152 w/ SA 2PassedPooreThis Act creates a new Utilities Coordination Council, as recommended by the Utilities Coordination Working Group established by SCR No. 48 from the 150th General Assembly. The purpose of the Council is to review and recommend best practices for efficient utility relocations on transportation projects on Delaware's highways. Additionally, the Council will be responsible for implementation, accountability, and the resolution of any specific utility delays. AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO UTILITIES COORDINATION.
SB 153 w/ SA 1PassedGayThis Act updates statutes relating to the Department of Services for Children, Youth and Their Families. It adds "Institutional Abuse Investigation Unit" to the definitions within the existing statute. In addition, it updates references in certain sections of the laws to reflect whether the Department of Services for Children, Youth and Their Families, or a unit or division within that Department, is responsible for certain duties as described in the Delaware Code. It also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.
SB 156PassedWalshThis Act requires that prevailing wages be paid to laborers and mechanics working on all University of Delaware construction sites or renovation projects that exceed a certain cost. The prevailing wages are set by the Delaware Department of Labor, Division of Industrial Affairs, and apply to various classes of laborers and mechanics, according to the county in which the work is performed.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CHARTER OF THE UNIVERSITY OF DELAWARE.
SB 2PassedHansenIn order to lower the cost of energy and accelerate the adoption of community-based solar photovoltaic systems in the State, this bill eliminates current barriers to such systems and sets up a regulatory process to be implemented by the Public Service Commission with consumer protection provided by the Department of Justice. More specifically, this bill: 1. Allows for multiple types of ownership models, defined as “community-owned energy generating facilities," to exist and compete in the marketplace; 2. Increases the maximum size of these systems to 4 megawatts (MW); 3. Eliminates the requirement that all customers of a system must be located on the same distribution feeder; 4. Eliminates the requirement that all customers of a system must be identified before the system can be built; 5. Provides for the regulation of these systems by the Public Service Commission and sets forth the fee and requirements for a Certificate to Operate; 6. Provides compensation to the system owner for 10% or less of unsubscribed energy; 7. Requires each system owner to certify that it serves at least 15% low income customers; and 8. Provides that the Public Service Commission will engage in rule-making in consultation with the Consumer Protection Unit of the Delaware Department of Justice and promulgate rules and regulations by March 11, 2022. AN ACT TO AMEND TITLES 6, 26, AND 29 OF THE DELAWARE CODE RELATING TO COMMUNITY OWNED ENERGY GENERATING FACILITIES AND RENEWABLE ENERGY.
SB 160PassedPooreThis allows a policy to be purchased by the Insurance Coverage Office to cover cancer for active Volunteer Firefighters, Paid Firefighters, Fire Marshals, Fire Instructors, Fire Police, EMTs, and Paramedics of the State of Delaware exclusive of those in private sector. This policy will be funded by an assessment calculated based on reporting of gross premiums by insurers writing certain lines of insurance under § 705 of Title 18. The benefits will provide a lump sum for early and advance stages of cancer and monthly income benefits for 36 months.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE AND LINE-OF-DUTY DISABILITY POLICIES FOR CERTAIN EMERGENCY RESPONDERS.
SB 161 w/ HA 1PassedPinkneyAccording to the Children’s Bureau within the Administration for Children & Families, U.S. Department of Health & Human Services, all 50 states plus Washington, D.C. and Puerto Rico have enacted infant safe haven laws that allow a parent to surrender a newborn without fear of prosecution. These laws vary in terms of where an infant can be surrendered. Delaware is among 16 states that only permit a baby to be surrendered to a hospital. Twenty-five states allow surrenders at fire stations and 25 states permit surrenders to personnel at police stations or other law enforcement agencies. This Act adds police stations to the designated safe havens where an individual may surrender a baby. This Act makes conforming amendments to other laws of this State based on this addition. Additionally, this Act codifies a portion of the original Safe Arms for Babies law, Chapter 187 of Volume 73 of the Laws of Delaware, that requires the Department of Health and Social Services to take certain actions related to the law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO SAFE ARMS FOR BABIES.
SB 164PassedTownsendThis Act postpones the effective date of Senate Bill No. 67, enacted in 2019. Senate Bill No. 67 was to become effective on January 1, 2020; however, the Clerks of the Peace for all 3 counties have indicated that they intend to postpone implementation of the requirements set out in Senate Bill No. 67. This postponement is in order to allow additional time for engagement with leaders of faith communities and to identify any additional changes to the marriage registry structure or to its implementation or enforcement. AN ACT TO AMEND CHAPTER 95, VOLUME 82 OF THE LAWS OF DELAWARE RELATING TO MARRIAGES.
SB 166 w/ SA 1PassedHansenDelaware has been irreparably harmed by the opioid crisis. In 2018, 400 people died of an overdose in Delaware, and in 2019, 431 people died of an overdose. Settlements from opioid distributors, manufacturers, and pharmacies are expected to provide significant monies over a substantial period of time to Delaware. These funds are intended to address to harm caused by the opioid crisis in our communities. This Act establishes the Prescription Opioid Settlement Fund (Settlement Fund) and Prescription Opioid Distribution Commission (Commission), to ensure that settlement money is used to remediate and abate the opioid crisis and is not diverted to other purposes. The Commission is part of the Behavioral Health Consortium and is established to ensure that decisions on how to spend funds are reached through consensus driven process that takes into account the views and experience of affected communities. The Behavioral Health Consortium will distribute money received by the Settlement Fund and the Prescription Opioid Impact Fund (Impact Fund), enacted by Senate Bill No. 34 of the 150th General Assembly, according to the recommendations of the Commission. The Commission shall seek input from the public and relevant stakeholders and shall convene a Local Government Committee to ensure that recommendations from counties and municipal governments are carefully considered. The terms of settlement agreements, bankruptcy plans, or other agreements for the payment of monies by defendants in opioid-related litigation will likely include terms that establish how the money must be spent. The Commission is required to adhere to those terms. The Commission must produce an annual report regarding the receipt and disbursement of funds. This Act preserves the status quo of the existing parties to litigation while limiting the ability for new local government opioid suits to be brought, because new lawsuits could limit the size of Delaware’s recovery in global settlements that are expected to be reached. This Act repeals the sunset of the Prescription Opioid Impact Fee (Impact Fee) and Impact Fund It also repeals the report requirement for the Impact Fund because the information in that report will be included in the new report that the Commission must produce. This Act requires a greater than majority vote for passage because § 4 of Article VIII of the Delaware Constitution requires the affirmative vote of three-quarters of the members elected to each house of the General Assembly to appropriate funds to a county or municipality. This Act also 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 16 OF THE DELAWARE CODE AND THE LAWS OF DELAWARE RELATING TO THE DISTRIBUTION OF FUNDS FROM THE PRESCRIPTION OPIOID IMPACT FEE AND COURT SETTLEMENTS.
SB 168 w/ SA 1PassedLockmanThis Act establishes a Peer-to-Peer Car Sharing Program that allows for companies to facilitate the shared usage of vehicles in Delaware.AN ACT TO AMEND TITLE 21 RELATING TO PEER-TO-PEER CAR SHARING.
SB 169PassedGayIn 2019, the Office of Child Care Licensing (“OCCL”) was transferred from the Department of Services for Children, Youth, and Their Families to the Department of Education. This Act makes changes to improve OCCL’s implementation and enforcement of the Child Care Act, Chapter 30A of Title 14 of the Delaware Code. Additionally, this Act does the following: (1) Updates and expands the definition of child care to include early education programs for children below the grade of kindergarten that are operated by public or private schools. (2) Increases penalties for violations of the Child Care 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 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT.
SB 25PassedTownsendChiropractic care is a drugless system of health care. It is uniquely positioned as a treatment for back pain and chronic headaches, which a peer-reviewed medical journal has indicated are alarming drivers of opioid-related deaths. Other peer-reviewed studies have indicated that chiropractic physician care reduces opioid usage rates, costs significantly less than the opioid treatment path, and contributes to preventing addiction and overdose death. In Delaware, back problems are a top-three cost driver and are among the most common conditions resulting in disability and lost productivity. This Act helps to address these issues in Delaware and improves access for Delawareans seeking opioid-free treatment by ensuring chiropractors are reimbursed at least at the level of Medicare and not at historically persistent lower rates.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE AND REIMBURSEMENT FOR SERVICES PROVIDED BY A CHIROPRACTOR.
SB 173 w/ SA 1PassedLopezThis Act is a comprehensive update to the Charter of Dewey Beach that makes both substantive and technical revisions to diminish instances of ambiguous language and eliminate the use of archaic terms and duplicative provisions. This Act makes technical changes to update the terms used to identify Town Commissioners and the Town Council and to conform existing law to the standards of the Delaware Legislative Drafting Manual, including changes so that language is gender neutral. This Act makes the following substantive changes to the Charter of Dewey Beach: 1. Recognizes that among various traditional municipal goals, Town Council shall consider measures to maintain resiliency in the face of our changing global climate. 2. Clarifies the eligibility of municipal voters and officeholders and the functions of the Election Officials. 3. Clarifies that the form of municipal government is that of a Town Council and Town Manager, as well as the roles of each. 4. Clarifies the employment procedures and supervision of the Town Manager and other municipal employees. 5. Clarifies that the Police Chief reports directly to the Town Manager. 6. More fully specifies the responsibilities of the Beach Patrol Captain. 7. Increases the aggregate amount the Town Council may borrow from $1,500,000 to $3,000,000. 8. Increases the amount of a contract that is not required to be bid from $2,000 to $5,000. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.AN ACT TO AMEND THE CHARTER OF THE TOWN OF DEWEY BEACH.
SB 174PassedLopezThis Act amends the Charter of The Town of Milton. Specifically, this Act does all of the following: (1) Updates the referenced Town Map. (2) Revises the annexation process for the Town. (3) Authorizes the Town to contract with the Sussex County Department of Elections for voter registration. (4) Creates parameters for any proposed sale, exchange, interconnection, or disposal of the Town’s water system. (5) Provides an exception for the need to hold a referendum if the government funding source is providing 100% principal forgiveness on the loan for a municipal project. This Act allows the Mayor and Town Council of The Town of Milton to do all of the following: (1) Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act, Chapter 17 of Title 22 of the Delaware Code, and the Special Development District Act, Chapter 18 of Title 22 of the Delaware Code. (2) Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. (3) Collect special ad valorem taxes, special taxes, and ad valorem taxes related to the special development districts. (4) Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any special development districts. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON.
SB 176PassedParadeeThis Act does the following: (1) Permits the State Elections Commissioner (“Commissioner”) to issue a citation to a reporting party who fails to file or deliver a required campaign finance report. (2) Requires the Commissioner to publish the name of a candidate who without reasonable cause failed to file a campaign finance report or has been assessed an administrative penalty. (3) Requires a reporting party who fails to file or deliver a required campaign finance report to take training on the Department of Elections’ electronic campaign finance reporting system. (4) Caps the amount of an administrative penalty that may be assessed by the Commissioner for a tardy campaign finance report. (5) Permits the Commissioner to authorize a payment plan for, waive administrative penalties under $500 owed by, or negotiate the total amount of administrative penalty owed by a reporting party, if the reporting party has filed or corrected a tardy report. Section 4 of this Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act. (6) Permits an administrative penalty to be paid by a political committee or political action committee, instead of by a reporting party. The Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act. (7) Increases the amount of time the Reports Appeals Subcommittee has to meet following the filing of an appeal. (8) Increases the stipend a member of the Reports Appeals Subcommittee may receive for attending a meeting from $50 to $100 and the total yearly stipend a member may receive from $250 to $500. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SB 177PassedParadeeThis Act makes the following changes to election law: (1) Increases the contribution or expenditure threshold for requiring a candidate for a public office, including a municipal office, to form a candidate committee, or file a statement of organization, with the State Election Commissioner from $2,000 to $5,000. (2) Changes the deadline to file campaign finance reports from 4:30 p.m. to 11:59 p.m. and makes clear that the reports are required to be filed electronically using the Department of Elections’ campaign finance reporting system. (3) Provides a deadline by which a candidate must withdraw to be removed from the general election ballot. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SS 1 for SB 93PassedPooreThis Act provides protections for consumers in connection with contracts with automatic renewal provisions. Multiple states have enacted laws regulating the automatic renewals of contracts, often described as "evergreen" clauses. These state laws are aimed at protecting consumers from unknowingly entering into these types of agreements by requiring that evergreen clauses be presented in a clear and conspicuous manner and that sellers of such contracts provide notice to consumers about an upcoming renewal. This Act also requires sellers of such contracts to provide consumers with a means to cancel the contract that is at least as easy to use as the means available to sign up for the contract. It also updates the language of the enforcement provision in Subchapter IV, Chapter 27 of Title 6 of the Delaware Code. This Act is a substitute for and differs from Senate Bill No. 93 by extending the length of covered contracts from 6 months to 12 months. It also adds audio disclosure to the definition of "clearly and conspicuously" and removes the provision stating that a cancellation that is in the same medium as the medium used to enter the contract is considered "cost effective, timely, and easy to use." It further specifies that a consumer who signs up for a covered contract online must be able to cancel online. The substitute eliminates the requirement that businesses notify consumers the date at which the contract will automatically renew if not canceled and establishes a right to cure. It also adds matters subject to the jurisdiction of the Federal Communications Commission to the exempted entities. Finally, the effective date is changed to January 1, 2022. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATED TO CONSUMER CONTRACTS.
SB 179PassedWalshThis Act clarifies the language enacted by Senate Bill No. 139 of the 150th General Assembly (“SB 139”) regarding when dogs may be permitted to run at large. This Act corrects errors in § 1325 of Title 11 and § 3048F of Title 16, by making revisions to conform the Code so it is consistent with the policy changes enacted by SB 139 and the standards of the Delaware Legislative Drafting Manual. Specifically, Section 1 replaces punctuation in § 1325 of Title 11 that was accidentally repealed by SB 139. Section 2 makes the following revisions to § 3048F of Title 16: 1. Redesignates the paragraphs in subsection (a) to avoid undesignated sentences, for clarity. 2. Deletes the definition of “dog” from subsection (a) because the definition is identical to the definition of “dog” in § 3041F of Title 16, which provides definitions for the subchapter that includes § 3048F. 3. Repeals paragraph (b)(3) because the exception for dogs that are under the control of someone who is hunting was added to subsection (a) by SB 139. The repeal of paragraph (b)(3) was intended by, but omitted from, SB 139.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL WELFARE.
HA 1 to HB 149PassedBennettThis Amendment deletes the reduced fee for passes and annual fees for residents and non-residents age 62 or older. The Amendment increases the lifetime pass fee for Delaware residents from $45 to $65. Lastly the Amendment changes the effective date from 6 months after enactment to July 1, 2022. 
SB 181PassedSokolaThis Act makes clear that the Town of Delmar, Delaware is a public employer for purposes of the Police Officers' and Firefighters' Employment Relations Act, Chapter 16 of Title 19 of the Delaware Code, and Chapter 16 of Title 19 applies to the Town, including in a cooperative agreement between the Town of Delmar, Delaware and the Town of Delmar, Maryland.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE AND THE CHARTER OF THE TOWN OF DELMAR RELATING TO THE POLICE OFFICERS' AND FIREFIGHTERS' EMPLOYMENT RELATIONS ACT.
SB 182PassedPooreSenate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act for approvals granted through June 30, 2020. Senate Bill No. 260, enacted by the 150th General Assembly, extended the Historic Preservation Tax Credit Act through June 2021. This Act extends the Historic Preservation Tax Credit Act for approvals granted through June 2030 and puts the provision regarding the effective date in the Code.AN ACT TO AMEND CHAPTER 243, VOLUME 82 OF THE LAWS OF DELAWARE AND TITLE 30 OF THE DELAWARE CODE RELATING TO AN EXTENSION OF THE HISTORIC PRESERVATION TAX CREDIT ACT.
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.
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.
SS 1 for SB 157PassedHansenDelaware’s Power of Attorney statute requires a notary to verify the signature on a document. Many financial institutions have difficulty having the customer appear before a notary for that notarization. There are several electronic signature verification processes that are available to businesses. This bill would create a Power of Attorney for motor vehicle business that would allow for electronic signature verification if the verification system is acceptable to the Department. This bill will enable businesses of all sizes to accelerate document turnaround time and reduce costs, while ensuring document security and privacy. The revised bill clarifies when a power of attorney becomes valid, the duration of the power of attorney, and removes any potential conflict with an appointed guardian’s responsibilities.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO POWERS OF ATTORNEY, ELECTRONIC SIGNATURES, AND THE REGISTRATION OF VEHICLES.
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.
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.
SB 194 w/ SA 1PassedLopezThe Delaware General Assembly incorporated the Board of Public Works of the City of Lewes (the “BPW”) in 1901 when it, separate from the Charter adopted for the City of Lewes, enacted the Charter of the BPW and empowered it to establish, control, and regulate the utility system for the City of Lewes. The BPW is a public body under the Delaware Freedom of Information Act and is subject to the obligations and requirements of a public body under Delaware’s Sunshine Laws. The BPW reviews and approves budgets, contracts, and utility policies, including concerning rates, in meetings that are open to the public. The BPW Directors are directly accountable to the ratepayers who elect them to handle matters concerning utility policy. This Act seeks to address the City’s concern that it have a codified role in the extension of the Lewes utility system to property located outside of the City of Lewes municipal limits by amending the Charter of the BPW to specifically require going forward the Mayor and City Council’s prior consent for the BPW to expand utility service to any territory outside of the City of Lewes municipal limits. Through this change, the Mayor and City Council will have an important role in any future expansion of the utility system, while still preserving, consistent with the Charter of the BPW, the BPW Directors’ responsibility over utility policy concerning said utility system for the benefit of the ratepayers. This Act also resolves uncertainty created by a recent Delaware Superior Court decision concluding that the BPW may only sue and be sued where specifically noted within the Charter of the BPW. The Superior Court’s recent decision, for example, creates a cloud of uncertainty over whether the BPW can sue and be sued under contracts it lawfully executes in its own corporate name. This Act removes this uncertainty by expressly giving the BPW the general power to sue and be sued. To promote collaboration and dialogue between the BPW Board of Directors and the City of Lewes Mayor and City Council, this Act also prohibits each incorporated entity from suing the other entity for a period of five years. AN ACT TO AMEND THE CHARTER OF THE BOARD OF PUBLIC WORKS OF THE CITY OF LEWES RELATING TO UTILITY SERVICE EXTENSION AND THE POWER TO SUE AND BE SUED.
HA 1 to SB 161PassedLambertThis Amendment makes clear that an individual may not surrender a baby at a Delaware State Police station.  
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.
HA 1 to HB 196PassedKowalkoThis amendment changes the minimum time the signed statement must be retained by the child care facility from 3 years to 3 months. 
SB 200SignedPooreThis Bill is the Fiscal Year 2022 Bond and Capital Improvements Act.A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2022; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.
HB 265SignedCarsonThis Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2022. Section 1 – Government Units and Senior Centers $27,599,217 Section 2 – One-Times and Community Agencies $28,158,601 Section 3 – Fire Companies $7,059,096 Section 4 – Veterans Organizations $431,348 GRAND TOTAL $63,248,262AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2022 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2022 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.
HA 1 to SCR 56PassedBriggs KingThis amendment clarifies that the DSWA does not receive funds from the state. 

Senate Committee Assignments

Committee
Executive
Finance

House Committee Assignments

Committee
Economic Development/Banking/Insurance & Commerce

Senate Committee Report

Committee
Corrections & Public Safety
Education
Finance
Housing
Labor
Legislative Oversight & Sunset
Transportation

House Committee Report

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce
Natural Resources

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 2 to SB 147DefeatedLynnDelaware courts have held that factors relevant to a determination of whether a defendant’s use of force was justified are admissible. See, State v. Stephenson, 2014 Del. Super. LEXIS 305 (Del. Super. 2014); Kelly v. State, 981 A.2d 547 (Del. 2008); Tice v. State, 624 A.2d 399 (Del. 1993). Such factors include the defendant’s mental health and intellectual functioning, prior victimization, and knowledge or awareness of the victim’s past acts of violence. This amendment clarifies that, although the standard for use of force is changing from subjective to objective, the change does not alter or foreclose what evidence is admissible to determine whether the use of force by the defendant was justified under the totality of facts and circumstances of the case.  

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Fitzgerald, CraigConfirmedCommissioner of Family CourtReappointment