Committee Report Details
Favorable:
On its Merits:
Unfavorable:
Daily Report for 6/30/2021
Governor's Actions
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HB 34 | Signed | D. Short | This bill removes the option of allowing notification to the public of candidates for Mayor and City Council by posting the names of such candidates in at least five (5) public places in the City rather than having this information published in a newspaper of local and/or general circulation; incorporates City Council's decision to move the Delaware Department of Elections' voter registration system, effective for the 2022 municipal elections; incorporates the City Council's decision to continue utilizing the "Book of Registered Voters" only for non-resident property owners; conforms the titles of the City's election officials to the titles used in Chapter 75 of Title 15 of the Delaware Code entitled "Municipal Elections"; corrects the month during which the elected officials are sworn in and the Vice Mayor elected; and removes the reference to a specific meeting during which appointments of non-elected City officials and staff are made. | AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO ELECTIONS, REGISTRATION OF VOTERS, APPOINTMENTS OF NON-ELECTED OFFICIALS, AND MONTH ELECTED OFFICIALS ARE SWORN IN. |
| SB 56 | Signed | Sturgeon | This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools. | AN ACT TO AMEND THE DELAWARE CODE RELATING TO EDUCATIONAL OPPORTUNITY FUNDING. |
| SB 72 | Signed | S. McBride | This Act clarifies that discrimination against any person because of religion is illegal under Chapter 45 of Title 6, the Delaware Equal Accommodations Act. Religion and religious beliefs were always intended to be protected under the Delaware Equal Accommodations Act through the word "creed" and this Act codifies that understanding, consistent with the Superior Court’s decision in Boscov’s Dep’t Store v. Jackson, 2007 Del. Super. LEXIS 37. This Act adds the term “religion” to the list of prohibited bases for discrimination and defines “religion” to include all aspects of religious observance and practice, not just belief. This Act also updates the forms of communication covered by the Delaware Equal Accommodations Act so the list includes notices or advertisements on television or the Internet. This Act is known as "The Religious Freedom for All Act". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS. |
| SB 5 | Signed | Gay | This Act creates an automatic voter registration system at the Delaware Division of Motor Vehicles (DMV) and grants the State Election Commissioner the authority to implement automatic voter registration at other state agencies that already offer voter registration services under existing law. This Act stipulates that an unregistered adult citizen who provides proof of U.S. citizenship during a DMV license or identification card transaction will be automatically registered to vote by the Department of Elections, if otherwise eligible for registration. To ensure the accuracy of voter rolls, this Act also ensures any updated name or address received from a registered voter during a DMV license or identification card transaction will be automatically forwarded to the Department of Elections for the purpose of updating existing voter registration records. Using an existing mailer, the Department of Elections then will notify new registrants of their registration and provide them an opportunity decline registration or affiliate with a political party. Existing registrants will similarly be notified of any update to their registration using an existing mailer and provided an opportunity to undo the change, if necessary. People who register to vote under this automatic system but do not identify a specific political party will be afforded another opportunity to affiliate at the polls during the primary election immediately following their registration. To prevent ineligible non-citizens from registering to vote, individuals who provide documents establishing non-citizenship during a DMV transaction and individuals applying for the Delaware Driving Privilege Card will not be offered the opportunity to register to vote at the DMV and will not have any information forwarded to the Department of Elections. Unregistered individuals who do not provide proof of U.S. citizenship or proof of non-citizenship during a license or identification card transaction will be offered the opportunity to register to vote during the DMV transaction only if they affirm citizenship and other eligibility requirements, consistent with federal law requirements and existing law. This Act becomes effective two years after enactment, or five days after the State Election Commissioner certifies to the Governor and the General Assembly that the systems to implement the act are functional, whichever is earlier. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VOTERS. |
| SB 89 w/ SA 1 | Signed | Mantzavinos | This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Provides definitions of terms used on traffic control devices that limit the size or weight of vehicles or prohibit the operation of trucks or other commercial vehicles on the highway, including terms that provide exceptions to posted prohibitions, including “local service” and “residential service”. (2) Requires the Secretary, and a municipality exercising its authority under § 134(e) of Title 17 (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limits as to the weight of trucks or other commercial vehicles on designated highways), to submit an order issued under this Act to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (3) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (4) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (5) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS. |
| HB 120 | Signed | K. Williams | This Act makes changes to House Bill 202 from the 150th General Assembly creating a pilot program for the Red Clay School District to use external camera systems on their school buses to catch motorists that fail to stop when a school bus is stopped and displaying flashing lamps to take on or discharge school children and assess a civil penalty as punishment. The changes in this bill are necessary to make clear that the Act, which mirrors 21 Del. C. § 4101(d), the State’s Electronic Red Light Safety Program, only creates a civil, not a criminal penalty. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RED CLAY CONSOLIDATED SCHOOL DISTRICT BUS SAFETY CAMERA PILOT PROGRAM. |
| SB 94 w/ SA 1 | Signed | Hansen | Senate Substitute No. 1 for Senate Bill No. 243 (150th General Assembly) enacted § 10006A of Title 29, which allows an advisory body to hold a virtual meeting, if there is an anchor location that is open to the public, allows any public body to hold public meetings during a state of emergency, and clarified that public bodies must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title 6, unless doing so would present an undue burden. Senate Substitute No. 1 for Senate Bill No. 243 sunsets on June 30, 2021. During the last year, citizens and members of public bodies have become comfortable with virtual meetings and attendance and participation in public meetings has increased because virtual meetings are more convenient and accessible to many citizens. Thus, this Act makes permanent changes to the Freedom of Information Act (“FOIA”), Chapter 100 of Title 29, that allow any public body to hold a virtual meeting if there is a physical anchor location where the public can attend the meeting in person and other notice and access requirements are met. Specifically, this Act does all of the following: 1. Repeals the current video-conferencing provision of § 10006 of Title 29 and the temporary provisions of § 10006A of Title 29 and replaces these sections with permanent virtual meeting requirements. 2. Maintains the requirement that a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation except if doing so imposes an undue burden on a public body whose members are all elected by the public. 3. Requires that a virtual meeting conform to all requirements under FOIA, including adequate notice that includes information on how the public may view and provide comment, if public comment is accepted. 4. Provides that during a state of emergency, or to prevent a public health emergency, all public bodies may hold virtual meetings without an anchor location. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 265, VOLUME 82 OF THE LAWS OF DELAWARE RELATING TO THE FREEDOM OF INFORMATION ACT. |
| SB 104 | Signed | Townsend | This Act clarifies various aspects of the State’s procedures to operate its unclaimed property program, including promoting and determining holder compliance, processing owner claims, and preventing fraudulent claims. Sections 1, 13, and 15 confirm current examination practice and address recent court decisions that, to determine a holder’s compliance, the State Escheator may request and review records to verify the completeness and accuracy of the holder’s records, even if such records may not identify property reportable to the State, and that the State may initiate an examination to determine compliance for any reason and is under no obligation to provide a detailed or specific reason or justification. Section 2 clarifies that the dormancy period for various types of bonds is 3 years, which confirms current practice to treat these property types similar to securities-related property. This section also clarifies and addresses recent changes made by the SECURE Act that impact the escheatment of Individual Retirement Accounts. This Section takes effect on August 1, 2021, for the next annual reporting period. Section 3 clarifies that holders whose business is described in 30 Del. C. § 2906 (“the business of operating a restaurant, snack bar, soda fountain, take-out food service, catering service, private eating or drinking club, or other eating establishment or service”) do not have to report and remit unredeemed gift card property that had an original issue amount of $5 or less. This Section further clarifies that no report is required from any holder for unredeemed gift cards having an aggregate face value of less than $5000 for the reporting period. Sections 4 and 13 clarify and confirm current practice that owner notification (“due diligence”) letters may be sent at any time during an examination at the holder’s initiative or at the direction of the State Escheator. Section 13 expressly allows the State to mail owner notification letters during an examination. Sections 5 and 24 clarify and confirm current practice that the State Escheator is only required to publish or provide upon request only last known address identifiers, which currently is considered city and state, rather than a property owner’s full address. Section 6 limits the scope of the State’s holder indemnification to property claimed by other jurisdictions and excludes penalties, as defined, imposed by other jurisdictions from the State’s indemnification obligations. Sections 7 and 14 clarify and confirm current practice by aligning the scope (included years and legal entities) of a Voluntary Disclosure Agreement (“VDA”) or a subsequent examination, which is to be determined as of the earlier of the following: the date the VDA invitation letter is delivered, the date a holder elects to enter the VDA program, or the date the notice of examination is delivered. Sections 8 and 9 clarify and confirm current practice related to the return of securities-related property to owners. Section 8 makes a technical correction to change the imprecise 18-month time limit to an exact time period of 558 days (31 days multiplied by 18 months), to allow owners the maximum amount of time under the law to file a claim to recover their securities or market value as of the date of the claim, rather than the liquidated cash value. Because an owner’s right may be significantly altered after the expiration of this time period, precise calculation of this time period to the owner’s benefit is necessary. The 558-day period is the current standard applied by the State Escheator to determine the return of securities or market value as of the date of the claim versus liquidated cash value, and codification of the 558-day period avoids additional software development costs. This Section also clarifies that claimants receive any dividends that the State received while it held the security. Sections 8 and 9 clarify that the 558-day time limit begins to run based on the notice provided as required by the statute in effect when the property was delivered to the State and ends based on the claimant’s first documented contact with the State if the claim is made within 60 days of such contact. Section 10 clarifies procedures for the denial of a claim and the investigation of potentially fraudulent claims. Section 11 makes a technical correction to change the imprecise 4-month time limit to an exact time period of 120 days for claimant appeals to the Tax Appeal Board. Section 12 clarifies that the State may send Verified Report and Compliance Review notices to the appropriate legal entity, which may include an agent, affiliate, or subsidiary of the reporting legal entity. Section 14 establishes a permanent expedited examination program for any company whose examination began after February 2, 2017. Companies who complete their examinations within the parameters of the permanent expedited examination program will receive the benefit of a waiver of penalties and interest, except for a nominal, non-waivable 1% interest assessment. Companies who receive a notice of examination after August 1, 2021, and who do not complete an expedited examination are subject to a minimum, non-waivable 20% interest assessment, up to an assessment of full interest and penalties under the statute. Section 16 clarifies that the Secretary of State may send notices inviting holders to participate in the VDA program by any commercially reasonable means that includes evidence of delivery. This Section establishes that holders will have a 90-day period during which holders may enter the VDA program or may request to expedite their examination conducted by the State Escheator. Holders who neither enter the VDA program nor elect to expedite their examination will be referred to the State Escheator for a conventional examination. Section 17 prohibits the use of documents obtained in an examination initiated by Delaware to be used in a multistate examination, unless the holder agrees to such use in writing. This Section applies to examinations initiated after August 1, 2021. Sections 18 and 20 make a technical correction for consistent nomenclature of the “statement of findings” and “request for payment” issued at the conclusion of an examination. Section 19 requires exclusively hourly compensation to be paid to third-party audit firms, except for examinations of accounts or policies of insurance and securities-related property. This Section also requires third-party audit firms to comply with the State’s standard non-disclosure agreement requirements, regardless of whether the holder under examination agrees to such requirements. Finally, this section clarifies which senior unclaimed property positions in the Department of Finance are prohibited from vendor employment for a 2-year period. Sections 21 and 22 simplify and clarify the application and possible waivers of interest and penalties for past-due property. To encourage voluntary annual compliance and participation in the Secretary of State’s VDA program, under this Act, interest and penalties may be waived by the State Escheator, or Secretary of State for VDAs, in all circumstances, except the following: 1) Past-due property determined in an expedited examination as established by the Act will be subject to a nominal, non-waivable 1% per incident interest assessment; and 2) Past-due property determined in a conventional, non-expedited examination initiated after August 1, 2021, will be subject to a minimum, non-waivable 20% per incident interest assessment. Section 23 clarifies and confirms current practice regarding limitations on finder agreements to locate property. Section 24 expressly applies the confidentiality requirements of § 1189 to state contractors, such as third-party audit firms. This Section also excludes policies and procedures related to the determination of claims and fraud prevention measures from disclosure as a public record under the Freedom of Information Act. Sections 1, 4, 9, 10, 11, 13, 15, 18, 20, and 22 of this Act shall apply retroactively to any claims, examinations, or litigation pending as of the effective date of this legislation. Sections 2, 3, 5, 6, 7, 8, 12, 14, 16, 17, 19, 21, 23, and 24 of this Act take effect on August 1, 2021. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY. |
| SB 103 | Signed | Townsend | This Act adopts an express reporting requirement for virtual currency, with an exemption for game-related digital content with minimal or no value; defines virtual currency and game-related digital content; requires the liquidation of and conversion to U.S. dollars of virtual currency prior to reporting and remitting this property to the State; and limits the exposure of both the State and the reporting holder to claims by the putative owners of this property type for subsequent gains in value, given the volatility inherent in this property type’s value. Liquidation of and conversion to U.S. dollars of virtual currency prior to reporting and remitting also promotes ease of administration and the return of the cash value to owners. This Act incorporates in part some of the concepts from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission, as well as legislation adopted by Kentucky in 2019. These changes take effect on August 1, 2021. | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY. |
| SB 113 | Signed | Brown | Section 1 of the Act amends § 160(c) to clarify that shares of a corporation's capital stock held by any other entity (whether a corporation or non-corporate entity) are not entitled to be either voted or counted for quorum purposes if the corporation directly or indirectly holds a majority of such other entity's voting power entitled to vote generally in the election of, or is otherwise entitled to appoint or act as, the governing body of such entity. This amendment to § 160(c) should not be construed to create any negative implication with respect to the inclusion or exclusion of non-corporate entities in connection with any other section of the DGCL. Section 2 of this Act provides that the effective date for Section 1 of this Act is to be August 1, 2021. | AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW. |
| SB 115 | Signed | Brown | This bill continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 15-103 of the Act to confirm and clarify the effect of modifications provided in a statement of partnership existence or a statement of qualification and in a partnership agreement as contemplated by Sections 15-201(a), 15-203, and 15-501. Notwithstanding any modifications provided, such as, that a partnership is not a separate legal entity, all other provisions of this chapter, including Section 15-801, continue to apply, unless the partnership agreement provides that such other provisions do not apply. Section 2. This section amends Section 15-202 of the Act to add subsection (g) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a partnership under the Act or a partnership agreement that are void or voidable and waiving failures to comply with requirements of a partnership agreement that make such acts and transactions void or voidable. New subsection (g) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (g) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (g) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 3. This section amends Section 15-401(l) of the Act to provide that a partner may delegate any of its rights, powers or duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the partner. The amendments to Section 15-401(l) create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegatee. Section 4. This section amends Section 15-403 of the Act to make certain clarifying and conforming changes, and to provide that when a partner is entitled to obtain information for a stated purpose (whether pursuant to Section 15-403 or a partnership agreement), the partner’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the partnership agreement. To the extent current law is that the “necessary and essential” test does not apply by default to (i) a partner’s right under Section 15-403(a) of the Act to obtain information from a partnership for a purpose reasonably related to the partner’s interest as a partner, or (ii) a partner’s right under a partnership agreement to obtain information from a partnership for a stated purpose, the first sentence of subsection (f) is intended to change that law. Section 5. This section provides that the proposed amendments to the Act shall become effective August 1, 2021. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF DOMESTIC PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY PARTNERSHIPS. |
| SB 116 | Signed | Brown | This bill continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 17-106 of the Act to add subsection (e) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a limited partnership under the Act or a limited partnership agreement that are void or voidable and waiving failures to comply with requirements of a partnership agreement that make such acts and transactions void or voidable. New subsection (e) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (e) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (e) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 2. This section amends Section 17-220 of the Act to make a conforming change. Section 3. This section amends Section 17-305 of the Act to make certain clarifying and conforming changes, and to provide that when a limited partner is entitled to obtain information for a stated purpose (whether pursuant to Section 17-305 or a partnership agreement), the limited partner’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the partnership agreement. The first sentence of subsection (f) is intended to (i) change current law, as set forth in Murfey v. WHC Ventures, LLC, 236 A.3d 337 (Del. 2020), that the “necessary and essential” test does not apply by default to a limited partner’s contractual right to obtain information from a limited partnership for a stated purpose, and (ii) clarify that the “necessary and essential” test applies to a limited partner’s right under Section 17-305(a) of the Act to obtain information from a limited partnership for a purpose reasonably related to the limited partner’s interest as a limited partner. Section 4. This section amends Section 17-403(c) of the Act to provide that a general partner may delegate any of its rights, powers or duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the general partner. The amendments to Section 17-403(c) create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegatee. Section 5. This section amends Section 17-1201 of the Act to clarify the effect of subchapter XII of the Act and to provide for the manner in which a limited partnership may become a statutory public benefit limited partnership. Section 6. This section amends Section 17-1202(a) of the Act to provide that a partnership agreement of a statutory public benefit limited partnership must state that the limited partnership is a statutory public benefit limited partnership and must set forth the specific public benefit or benefits to be promoted by the limited partnership, to provide that the partnership agreement shall control as among the partners and other persons who are party to or otherwise bound by the partnership agreement in the event of any inconsistency between the public benefit(s) as set forth in such agreement and the certificate of limited partnership, to require amendment of the certificate of limited partnership of a statutory public benefit limited partnership in specified circumstances, and to clarify the effect of subchapter XII of the Act. Section 7. This section repeals Section 17-1203 of the Act. Section 8. This section amends Section 17-1204 of the Act to make conforming changes. Section 9. This section amends Section 17-1205 of the Act to make a conforming change. Section 10. This section provides that the proposed amendments to the Act shall become effective August 1, 2021. | AN ACT TO AMEND CHAPTER 17, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED PARTNERSHIPS. |
| SB 114 | Signed | Brown | This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 18-106 of the Act to add subsection (e) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a limited liability company under the Act or a limited liability company agreement that are void or voidable and waiving failures to comply with requirements of a limited liability company agreement that make such acts and transactions void or voidable. New subsection (e) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (e) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (e) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 2. This section amends Section 18-217 of the Act to make a conforming change. Section 3. This section amends Section 18-305 of the Act to make certain clarifying and conforming changes, and to provide that when a member is entitled to obtain information for a stated purpose (whether pursuant to Section 18-305 or a limited liability company agreement), the member’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the limited liability company agreement. To the extent current law is that the “necessary and essential” test does not apply by default to (i) a member’s right under Section 18-305(a) of the Act to obtain information from a limited liability company for a purpose reasonably related to the member’s interest as a member, or (ii) a member’s right under a limited liability company agreement to obtain information from a limited liability company for a stated purpose, the first sentence of subsection (g) is intended to change that law. Section 4. This section amends Section 18-407 of the Act to provide that a member or manager may delegate any of its rights, powers or duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the member or manager. The amendments to Section 18-407 create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegatee. Section 5. This section amends Section 18-1201 of the Act to clarify the effect of subchapter XII of the Act and to provide for the manner in which a limited liability company may become a statutory public benefit limited liability company. Section 6. This section amends Section 18-1202(a) of the Act to provide that a limited liability company agreement of a statutory public benefit limited liability company must state that the limited liability company is a statutory public benefit limited liability company and must set forth the specific public benefit or benefits to be promoted by the company, to provide that the limited liability company agreement shall control as among the members, the managers and other persons who are party to or otherwise bound by the liability company agreement in the event of any inconsistency between the public benefit(s) as set forth in such agreement and the certificate of formation, to require amendment of the certificate of formation of a statutory public benefit limited liability company in specified circumstances, and to clarify the effect of subchapter XII of the Act. Section 7. This section repeals Section 18-1203 of the Act. Section 8. This section amends Section 18-1204 of the Act to make conforming changes. Section 9. This section amends Section 18-1205 of the Act to make a conforming change. Section 10. This section provides that the proposed amendments to the Act shall become effective August 1, 2021. | AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES. |
| HB 175 w/ HA 2 | Signed | Morrison | This Act allows one excused absence per school year for students grades 6 through 12 to attend civic engagements such as visits to the United States Capitol, Legislative Hall, and sites of political and cultural significance, or participation in a rally, march, protest, or walkout. For a student to attend a civic engagement event, the student’s parent or guardian must provide written permission no later than 3 school days prior to the student’s planned absence. The school shall determine what is acceptable as written permission. If the principal or another school or school district official does not confirm receipt of written permission with the parent or guardian prior to the student’s planned absence, permission for the student to attend the civic engagement event as an excused absence is presumed. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE. |
| HB 163 w/ HA 1 | Signed | Wilson-Anton | The Delaware Code does not currently contain any explicit direction for public schools relating to school absences for observance of religious holidays. This Act requires schools to excuse a pupil's absence for observance of a religious holiday, and further requires districts and charters to have a policy discouraging teachers from scheduling tests, presentations and the like on days where some students may be absent for a religious holiday. A pupil who does miss a grading event must be allowed to make-up the test or otherwise recover credit. The Department of Education is directed to promulgate rules and regulations relating to implementation of this Act, including a list of holidays on which an absence for religious observance must be excused. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE AND RELIGIOUS HOLIDAYS. |
| HB 164 | Signed | Bush | Section 1 of the Act amends subsection (b)(1) of section 12A-103 of Title 6 to remove a reference to testamentary trusts that is either a redundancy or otherwise might conflict with new section 3550 of Title 12 (which is a part of the Act). Section 2 of the Act addresses statutes under Chapter 33 of Title 12 and (i) amends section 3315(b) to make clear that a discretionary interest in a trust is not a property right and to define more clearly what constitutes a discretionary interest, and also to make clear that these clarifications do not affect the standard of review applicable to the discretion of a trustee or other fiduciary; (ii) amends section 3326 to expand its application to the resignation of officeholders (such as advisers under section 3313 or designated representatives under section 3339) and not just to the resignation of trustees; (iii) amends section 3327 to expand its application to the removal of officeholders (such as advisers under section 3313 or designated representatives under section 3339) and not just to the removal of trustees, and to permit other officeholders (in addition to trustors and beneficiaries) to petition to remove an officeholder; (iv) amends section 3331 to expand its application to governing instruments (beyond just wills and trust instruments, such that it is not intended to change the statute’s application to wills and trust instruments); (v) amends section 3339 to make clear that a designated representative begins to serve when the representative is appointed (and not merely when authorized) and has accepted the role (whether by written acceptance or through service or other action signifying acceptance), to prioritize appointment methods (that is, to provide that certain appointment methods are available if a designated representative is not appointed under previously-enumerated methods), to define for what purposes a designated representative may be appointed, to provide that the surviving parent or parents or custodial parent of a minor for whom a designated beneficiary has been appointed must be given notice of such appointment, to enable a trustor to appoint a designated representative to represent and bind beneficiaries who are minors or are otherwise described in paragraph (b)(2) of section 3339 in any nonjudicial matter, to enable a beneficiary to appoint a designated representative to represent and bind such beneficiary in any nonjudicial matter, and to provide that a person accepting appointment as a designated representative submits to personal jurisdiction in this State regarding any matter involving the trust (without precluding other methods of obtaining jurisdiction over the designated representative); (vi) amends section 3342 to make clear that, consistent with section 3303 of Title 12, a trustor may opt out of the application of section 3342 by express reference; and (vii) amends section 3344 to make clear that the statute applies unless a governing instrument expressly provides that a trustor may not be reimbursed by the trust for the trustor’s income tax liability, to expand the scope of permissible reimbursement to include county, metropolitan-region, city, local, foreign, and other income taxes (in addition to state income taxes), and to make clear that the statute does not apply if it would eliminate or reduce a marital or charitable deduction available to any person for state or federal income, gift, or estate tax purposes. Section 3 of the Act addresses statutes under Chapter 35 of Title 12 and (i) amends section 3536 to add to the flush language of subsection (c) to provide that a person who becomes a beneficiary of a trust due to the exercise of a power of appointment by someone other than such person is not considered under this title to be a trustor of a trust—even if the person who so became the beneficiary created and funded the trust and granted the power of appointment of another, such that if the trustor did not otherwise retain a beneficial interest in the trust that was otherwise reachable (e.g., the trustor did not name himself as a beneficiary of the trust at the time it was created), the mere fact that some other person exercises a power of appointment to later make the trustor a beneficiary will not create an interest that is reachable by the trustor’s creditors—which change would abrogate the common law relation back doctrine as it pertains to who is to be deemed the trustor of a trust created upon exercise of a power of appointment, if such doctrine were extant in Delaware, although the applicability of the common law relation back doctrine to this particular issue does not appear to have been adjudicated or acknowledged in any decisional case law in Delaware; (ii) amends section 3545 to add a new subsection (c), which confirms that other writings that create, modify, or revoke trusts and that are not described in subsection (a) of section 3545 are validly executed if they are executed in conformity with subsection (a), but also confirms that subsection (c) does not limit the creation, modification, or revocation of a trust by other means that Delaware law permits, and further confirms that subsection (c) does not apply to trusts formed under Delaware’s Statutory Trust Act and other trusts formed for the purpose of consummating a commercial transaction; and (iii) adds a new section 3550 providing that governing instruments and certain other trust-related documents, if validly executed under the sections of the Delaware Code that apply to those documents, may also be executed under Chapter 12A of Title 6 of the Delaware Code (the Uniform Electronic Transactions Act). Section 4 of the Act provides that Sections 2 and 3 apply to trust whenever created. | AN ACT TO AMEND TITLES 6 AND 12 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND TRUSTS. |
| HB 174 | Signed | S. Moore | This 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. |
| SB 133 | Signed | Sturgeon | The 2019 Delaware Literacy Plan (“Literacy Plan”) established a framework to address Delaware’s literacy challenges. The Literacy Plan concluded that a strong teacher preparation program should lay the foundation for teachers to be able to engage students in the essential components of evidenced-based reading instruction, known as the "science of reading." This Act incorporates the science of reading into Delaware’s public and charter schools by requiring, beginning July 1, 2023, that teacher preparation programs which prepare elementary school, early childhood education, or special education teachers or reading specialists must provide instruction in evidence-based reading instruction. It requires the Department of Education to establish a minimum number of hours of training that instructors in educator preparation programs must complete in evidence-based reading instruction. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS. |
| HB 201 | Signed | Bennett | This legislation updates the licensing requirements for gaming employees and vendors. In addition, it updates references in certain sections of the laws to reflect which law enforcement agencies are responsible for the duties as described in the Delaware Code. It also ensures that administrative and vendor costs necessary to run the Internet video lottery are deducted only once from the net proceeds derived from the Internet video lottery. Finally, this Act clarifies that the prohibition on selling a lottery ticket for a price greater than that fixed by the Director includes sports lottery tickets in addition to drawing lottery tickets and instant lottery tickets. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY. |
| HB 207 | Signed | K. Williams | This Act does the following: (1) Removes the requirement that applicants for initial and continuing educator licenses obtain a passing score on an approved performance assessment. (2) In place of the performance assessment requirement, requires professional development and mentoring activities include a focus on acquisition of pedagogical knowledge and the ability to apply that knowledge to meet student needs and requires the Department of Education (Department) to establish a committee of stakeholders to gather input and make recommendations on how to achieve professional development and mentoring activities that satisfy the requirements. (3) Removes requirements related to performance assessments, including reporting requirements and rulemaking requirements, from Chapter 12 of Title 14. (4) Allows individuals who serve in educator roles that are not teaching positions to receive their Delaware educator license by changing "teaching experience" to "experience as an educator" in § 1210(d) of Title 14 and § 1211(c) of Title 14. (5) Requires the Department to ensure there are a variety of professional development opportunities across different modes that meet a high standard of quality, including evidence-based programs. (6) In place of the performance assessment requirement for participants in alternative routes for teacher licensure and certification programs and participants in alternative routes to certification programs for teachers of students with disabilities, requires an assessment of program participants' abilities to apply pedagogical skills to meet the needs of students and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (7) In place of a performance assessment requirement, requires that educator preparation programs assess prospective educators' ability to apply pedagogical skills to meet student needs and requires the Department to establish a committee of stakeholders to gather input and make recommendations on how to assess the pedagogical skills of program participants. (8) Makes corrections, including standardizing references to the educator evaluation system and changing "certificate" to "license" in places where improperly used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS. |
| SB 147 | Signed | Pinkney | This 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. |
| HB 222 w/ HA 1 | Signed | Lambert | Currently, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based on the risk factors that determine when screening or testing is necessary. This Act simplifies the requirements and process for health-care providers and eliminates confusion that may be causing the low compliance rate for screening or testing. Specifically, this Act does the following: (1) Defines “screening” and “testing” for clarity. (2) Mandates screening, defined as a capillary blood test, at or around 12 and 24 months of age. (3) Clarifies insurance coverage for the costs of compliance with the Act. (4) Directs the Division of Public Health to report on elevated blood lead levels to the General Assembly annually and to develop regulations to implement and enforce the Act within 12 months of being enacted. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO CHILDHOOD LEAD POISONING PREVENTION. |
| SS 1 for SB 7 w/ SA 2, SA 1 + HA 4 | Signed | Mantzavinos | This substitute bill incorporates the provisions of Senate Amendment 2 to the original bill, including reiterating in the Whereas statements the existing law that requires persons arrested for a violent felony while out on bail awaiting trial for a previous violent felony to be held without bail. It also updates the language regarding the courts' obligation to review bail to reflect current practice and requires reporting on such cases and racial impact by the Criminal Justice Council in its annual report. Finally, it provides a sunset provision so that the bill expires when the constitutional amendment regarding bail is enacted. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BAIL. |
| HB 250 | Signed | Carson | This Bill is the Fiscal Year 2022 Appropriations Act. | AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. |
| HB 251 | Signed | Carson | This Act appropriates $221,121,200 to provide one-time funded projects through the Office of Management and Budget. | AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2022 TO THE OFFICE OF MANAGEMENT AND BUDGET. |
| HJR 5 | Signed | Carson | This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2021. | THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2021. |
| HJR 6 | Signed | Carson | This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2022. | THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2022. |
| SB 200 | Signed | Poore | This 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. |
New Legislation Introduced
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| SR 20 | Passed | Bonini | This resolution designates September 1, 2021 as "Wesley College Legacy Day" in the State of Delaware. | DESIGNATING SEPTEMBER 1, 2021 AS " WESLEY COLLEGE LEGACY DAY" IN THE STATE OF DELAWARE. |
| HS 1 for HB 94 | Committee | K. Williams | The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES RECEIVING TIPS OR GRATUITIES. |
| HB 266 | Committee | K. Williams | This bill clarifies that the definition of employees who receive gratuities also includes employees that receive tips, that these employees earn more than 50% of their income from tips or gratuities. This bill clarifies that employers may continue to pay a tipped minimum wage to primary direct service employees under this bill. Employers cannot direct employees to engage in tip pooling in Delaware—tip pooling arrangements must be controlled by the employees themselves. It also clarifies that tips automatically added to a bill or added to credit card charges are to be treated like tips or gratuity and must be paid by the employer directly to the employee at the next pay period as opposed to being held by the employer waiting to receive payment from the credit card company and that the employer may not deduct service fees from the employees tips or gratuities. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES THAT RECEIVE TIPS OR GRATUITIES. |
| SR 21 | Passed | Gay | This resolution directs the Department of Health and Social Services to provide data on the Purchase of Care program in Delaware. | DIRECTING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO PREPARE REPORTS ON DEMOGRAPHIC DATA IN EARLY CHILD CARE AND EDUCATION POPULATIONS. |
| SA 1 to HB 176 | Stricken | Townsend | This amendment provides clarification to House Bill No. 176 by doing all of the following: 1. Deletes the term "other grounds" pending discussion and clarification as to what locations that might encompass and whether certain locations might merit exemption. 2. Deletes the addition of the word "and" to § 7008(a)(13) pending discussion and clarification as to whether this Act is intended to separate the obligation to maintain and regrade certain areas from the standard of "when necessary and in good faith." 3. Deletes an exemption relating to "constructed community asset" pending discussion and clarification as to the meaning of this term, which does not appear to be a term otherwise located in the Delaware Code. 4. Makes this Act effective 6 months after its enactment into law. |
Legislation Passed By Senate
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HB 56 | Signed | Smyk | This amendment repeals Title 16 § 7204 in its entirety. This particular section prescribes a practice that is typically unused and handled through a traditional warrant process by charging a previous section of this chapter brought by a law enforcement officer. Additionally, the act of recovering a container possessed by someone other than the owner is more appropriately handled through the civil replevin process. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ARREST FOR VIOLATION - LIQUIFIED PETROLEUM GAS CONTAINER. |
| HB 59 w/ HA 1 | Signed | Smyk | This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT VIOLATIONS. |
| HB 60 | Signed | Smyk | This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S REMEDIES RELATING TO THE RENTAL UNIT. |
| HB 100 w/ HA 2 | Signed | Longhurst | This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS. |
| HB 103 | Signed | Briggs King | This bill clarifies definitions relating to airbags, counterfeit supplemental restraint system components, nonfunctional airbags, and supplemental restraint systems, and prohibited trade practices. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO AUTO REPAIR FRAUD PREVENTION, AND PROHIBITED TRADE PRACTICES. |
| HB 5 w/ HA 1 | Signed | K. Williams | If a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT INCREASE DISPUTE RESOLUTION. |
| HB 121 | Signed | Mitchell | This Act removes the October 5, 2021 sunset provision in Chapter 196, Volume 81 of the Laws of Delaware so that the rule of the road for bicycles approaching or entering intersections with 2 or fewer lane roads, § 4196A (c) of Title 21 of the Delaware Code, will remain law. | AN ACT TO AMEND CHAPTER 196, VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO A BICYCLE APPROACHING OR ENTERING AN INTERSECTION. |
| HB 132 | Signed | K. Williams | This Act changes the definition of tavern from an establishment with a special space and accommodation for sale of beer by the glass for consumption on the premises to an establishment with a special space and accommodation for sale of beer and wine in single servings. The Act also revises § 513 to allow any person in charge of a tavern to apply to the Commissioner for a license to purchase from an importer and to receive, keep and sell beer and wine instead of only beer. The beer and wine must be consumed on the premises where sold. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO TAVERNS. |
| HB 137 w/ HA 1 | Signed | Dukes | This Act amends the Charter of the Town of Laurel to include in the qualifications for Mayor and Town Councilman, that candidates must be non-delinquent tax payers of all capitation and property taxes of the Town of Laurel for at least 1 year next preceding election; and to eliminate the need for residents to register separately with the Town of Laurel and the Town will utilize the State of Delaware Department of Elections Voter Registration Rolls. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO THE QUALIFICATIONS FOR MAYOR AND TOWN COUNCILMAN AND THE MANNER OF HOLDING BIANNUAL MUNICIPAL ELECTION. |
| HB 138 | Signed | Gray | This bill reincorporates the Charter of the Town of Millville. The bill updates various processes, including the municipal election, annexation, competitive bidding, and the Town budget. The bill also updates the descriptions and duties of the Secretary and Treasurer. The bill removed antiquated language and clarified language in matters such as assessments and repairs. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLVILLE. |
| HS 1 for HB 134 w/ HA 1 | Signed | Spiegelman | Section 1 establishes the Town’s authority to enact the laws of the Town, its ability to sue and be sued, and its perpetual succession. Section 2 clarifies that the Town’s boundaries are automatically amended when annexations are approved. Section 3 makes minor clarifications to the Town’s annexation procedures. Section 4 corrects the numbering of the paragraph and authorizes the Town to publish an annexation notice to give interested parties 60 days to challenge an annexation. Section 5 eliminates the requirement that a candidate for the Town Commission must be current on all taxes. This section establishes the criteria upon which to determine if someone is domiciled in Town. Commissioners may be reimbursed for expenses incurred performing their Town duties, and they may receive a flat fee for attendance at town meetings. Section 6 establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, voter qualifications, absentee ballots, uncontested elections, and election results. Section 7 creates regulations governing the establishment and operation of the Board of Elections. Section 8 creates the office of Vice President and replaces the office of Town Clerk with Town Secretary and Public Works/Building Inspector with Land Use Administrator. The duties of all the different town officers are outlined in the section, along with the duties of the Town Solicitor and Auditor. This section authorizes the Town to establish a police force, including the hiring of a Police Chief. Section 9 revises the titles of the Town officers to be consistent with the offices established in Section 8. Section 10 establishes the Town’s ability to impose impact fees on new construction. The Town’s borrowing procedures are enhanced to authorize the Town to borrow up to $25,000 pursuant to a majority vote of the Commission. Amounts borrowed in excess of $25,000 require a public referendum, and the Town’s borrowing limit is set at $500,000. Section 11 creates consistency in the use of the title of the Land Use Administrator and eliminates an obsolete code reference. Section 12 creates consistency in the use of the title of the Land Use Administrator. Section 13 authorizes the Town to regulate nuisances, including the abatement of such nuisances and the recovery of associated costs. This section authorizes the Town to regulate businesses by granting franchises and imposing taxes, licenses, and permits on businesses. Section 14 authorizes the Town to establish the Town’s regular meeting times by resolution and eliminates justifications for holding closed meetings that have since been codified in Chapter 100 of Title 29 of the Delaware Code. Section 15 replaces a reference to Town Clerk with Town Secretary. Section 16 establishes the fiscal year of the Town, clarifies that the Treasurer prepares the initial budget draft, and outlines what the contents of the budget draft should include. Section 17 clarifies the Town’s tax collection procedures by requiring the assessment appeals to be heard annually by June 30 and requiring the assessment list to be posted on the town website and in just one public place. This section clarifies the Town’s ability to collect additional amounts owed to the Town as part of the tax collection process. Section 18 creates a lien of 10 years for all amounts on the assessment lists, which lien can be lengthened if the person against whom the outstanding amounts were assessed still owns the property. The Town is required to send written notice to the property owner prior to initiating collection procedures, and the Town is authorized to use the monition method to collect taxes. The Town may recover all expenses incurred in a collection proceeding. Section 19 eliminates a reference to the Public Works/Building Inspector, which position is being removed from the charter. Section 20 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator. Section 21 corrects an erroneous section reference. Section 22 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator. Section 23 eliminates the Town’s powers pertaining to maintaining a sewer system. Section 24 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator and creates numbered sections. Section 25 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator and creates numbered sections. Section 26 eliminates certain sections that have been relocated to other areas in the charter. This section requires anyone intending to bring a lawsuit against the Town to provide the Town with notice of the lawsuit within one year of the occurrence. This section authorizes a court or administrative agency to award the town its costs and legal fees if the Town is the prevailing party in a legal action to enforce an ordinance or recover an amount owed to the Town. All existing ordinances, acts, taxes, powers, and bonds of the Town are to be unimpaired by the charter amendments. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF HARTLY. |
| HB 142 w/ HA 1 | Signed | Gray | This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the Washington Accord be afforded the same recognition as EAC of ABET graduates. The Washington Accord is an international agreement between bodies responsible for accrediting engineering degree programs. Signatories of the Accord mutually “recognize the substantial equivalency of participating organizations’ accreditation processes and their graduates’ preparedness to begin professional practice at the entry level.” ABET and Engineers Canada are signatories of the Accord among a total of 20 representing agencies from every continent. This Act will give holders of degrees from engineering programs accredited by Washington Accord signatories the same recognition as EAC of ABET graduates. The required engineering experience for such applicants will be four years. This Act also proposes modifications that would expand licensure comity. While many professions in Delaware use the term “reciprocity” to define the process whereby an individual licensed in one jurisdiction may become licensed in Delaware, the term “comity” is used in the licensing law for professional engineers. To promote international engineering licensure mobility, this Act provides that the Council may license an applicant who is an International Professional Engineer (IntPE), meaning that the applicant has been fully and rigorously evaluated and approved by the International Engineering Alliance (IEA). NCEES is a member of the IEA and the International Professional Engineers Agreement (IPEA). There are currently 15 other members of the IPEA including Engineers Canada. “The International Professional Engineers Agreement recognizes the substantial equivalency of standards establishing the competency of professional engineers for independent practice.” Engineers who are licensed by agencies that are members of IPEA undergo a rigorous application process for registration as IntPEs. NCEES is an IPEA member and maintains a registry of U.S. licensed engineers who have attained IntPE status. Engineers registered as IntPEs would be provided with the same eligibility for comity within the U.S. as would U.S. state-licensed engineers. This applicant will also need to present proof of five years of experience obtained after initial licensure. This Act further proposes that an applicant who has been designated as a Model Law Engineer by NCEES may be issued a license administratively on the basis that the applicant has already been vetted by the profession’s governing body. Other provisions pertaining to comity have been amended to make the Practice Act consistent with other statutes governing professional licensure. Specifically, the comity provision pertaining to licensure by experience has been revised to require five years of licensed experience rather than the current ten years. The standards for licensure by comity have been amended to ensure that the applicant has a current license in good standing from the originating jurisdiction. This Act clarifies the grounds for denial of an application to explicitly include discipline in another jurisdiction. This Act eliminates the requirement that licensees must acquire an embossing seal and allows them to choose a seal format, such as embossing, stamp or electronic. Finally, this Act strikes references to permits on the basis that compliance with temporary permit requirements is difficult for the Council to monitor. Further, as an alternative to the temporary permit, an expedited path to licensure will be available for applicants with the Model Law Engineer designation. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS. |
| HB 143 w/ HA 1 | Signed | K. Williams | This Act removes taproom from the establishments for which the Commissioner shall refuse to grant a license for the sale of alcohol when there is an existing licensed establishment of similar type within a specified distance. The minimum distance between licensed establishments of similar type is made applicable only to a store or establishment for consumption off premises. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| HB 153 | Signed | Smyk | This bill creates a special license plate for Autism Awareness and Acceptance. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES. |
| HB 149 w/ HA 1 | Signed | Bennett | This Act provides a senior discount for residents and non-residents 62 years of age and older, for a conservation access pass, and a life-time conservation access pass for Delaware residents, 65 years of age and older, consistent with current senior discounts for access fees to Delaware State Parks. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION ACCESS PASSES. |
| HB 182 w/ HA 1 | Signed | K. Williams | The Victims’ Compensation Assistance Program (“Agency” or “VCAP”) administers the Victims’ Compensation Fund and provides financial assistance to eligible victims of crimes to help cover the costs of a variety of services that help victims and their families begin to rebuild their lives, including lost wages, medical expenses, payment for mental health counseling, and funeral expenses. By awarding financial compensation for losses that victims sustain as a result of crime, VCAP can help alleviate the financial burden and distress that crime leaves behind. In FY 2019, VCAP paid $2,091,787.94 to and on behalf of victims of crime. VCAP is solvent and the Victims’ Compensation Fund balance as of June 30, 2020 was $4,155,111.82. This Act seeks to improve the efficiency and effectiveness of VCAP in the following ways: (1) Lifts the statutory employment cap that limited the number of employees VCAP could employ. This update will enable the Department of Justice to augment VCAP staff by utilizing grant or federal funding. (2) Codifies benefits and more clearly enumerates available benefits and increases the funeral and burial benefit to $5,000/$2,500, respectively. (3) Makes several changes to conform to the current practice, including removing the claims payment process description in § 9005(8) and § 9009, updating the claims application process in § 9009, and removing the reporting requirements in § 9017. (4) Amends § 9009(10) to give the Agency specific authority to close inactive claims. (5) Updates the list of Advisory Council members to reflect the dissolution of the Sexual Assault Network of Delaware, which became the Delaware Alliance Against Sexual Violence. (6) Expands the population of victims able to be served, including changes to ensure victims of human trafficking are eligible for compensation. (7) Extends the deadlines to request reconsideration and file an appeal with the Appeals Board and reorganizes appeals process provisions by placing them all in the same section. (8) Changes "offense date" to "sentencing date" in § 9014(c). (9) Updates the chapter so that each program is referred to by a consistent name. (10) Adds defined terms “Executive Director” and “claimant” to the definitions section and further clarifies to which category of victims parts of the Code apply. (11) Removes the term “incompetent” in favor of adopting a phrase that uses people first language. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VICTIMS OF CRIMES. |
| HS 1 for HB 166 | Signed | Osienski | Like House Bill No. 166, House Substitute No. 1 for House Bill No. 166 establishes the Elevate Delaware program. Elevate Delaware will provide payments for tuition and auxiliary expenses, up to $10,000, for individuals to attend an approved non-credit certificate program. The Workforce Development Board will create a list of non- credit certificate programs eligible for the Elevate Delaware program and establish priorities based upon the skill requirements of employers in Delaware. It also allows the Department of Labor to provide payments to participants in Elevate Delaware to cover auxiliary expenses necessary to meet basic living expenses or purchase supplies necessary for the non-certificate program or employment upon completion of the program. House Substitute No. 1 for House Bill No. 166 differs from House Bill No. 166 as follows: 1. Instead of basing eligibility upon graduation from a Delaware high school, individuals are eligible for Elevate Delaware if they are employed by an employer with under 51 employees and are subject to Delaware income tax. This change helps small employers expand by investing in workforce development and helps Delaware residents increase their earning capacity. Currently, over 83% of Delaware employers have under 51 employees. 2. States that the intent of Elevate Delaware is to preserve jobs in Delaware and for Delaware residents and that the Department of Labor may recoup payments made on behalf of individuals if either the individual or an employer acts in bad faith under the requirements of Elevate Delaware. 3. Requires that if an individual is not a resident of Delaware, the individual’s employer must intend to retain the individual as an employee for at least 1 year following completion of the eligible program and the individual must intend to work in Delaware for at least 1 year following completion of the eligible program. 4. Tuition payments are made directly to an eligible program. 5. Allows Elevate Delaware payments to be made for supplies an individual needs for the training program or employment upon completion of the program. 6. Requires the Workforce Development Board to approve non-credit certificate programs throughout the State, based upon the population of each county. 7. Takes effect for program that begin after December 31, 2021 instead of within 1 year from enactment of this Act. 8. Removes the requirement that the Joint Legislative Oversight and Sunset Committee review this Act because this review can occur without a specific requirement in this Act. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE ELEVATE DELAWARE PROGRAM. |
| HCR 24 | Passed | Chukwuocha | This 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. |
| HB 194 | Signed | K. Johnson | This Act would revise the definition of Committee to include the Lenape Indian Tribe of Delaware in the body that determines the treatment and disposition of Native American unmarked burials and human skeletal remains. This Act would also add a new definition of a Committee convened by the Director of the Division of Historical and Cultural Affairs to address discoveries of non-Native American unmarked burials and human skeletal remains, including those of enslaved individuals and undetermined cultural affiliation. This Act also adds new definitions for “lineal descendant” and “proven kinship” to replace the undefined term “next of kin.” This Act would also clarify responsibilities of various parties and encourage preservation of unmarked burials in place, consistent with the purposes of the Chapter. This Act would make failure to report a discovery of remains a prohibited act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and removes erroneous references to “subchapter.” | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNMARKED HUMAN BURIALS AND SKELETAL REMAINS. |
| HB 196 w/ HA 1 | Signed | Chukwuocha | The Act places the Parents Right to Know Act in the Department of Education instead of the Department of Services for Children, Youth, and Their Families. This Act also clarifies the notice requirements. | AN ACT TO AMEND TITLES 14 AND 31 RELATING TO THE PARENTS RIGHT TO KNOW ACT. |
| HB 211 | Signed | Briggs King | This bill adds the Department of Correction, Bureau of Prisons and Bureau of Community Corrections' vehicles to the list of "authorized emergency vehicles" identified in Chapter 41 of Title 21 that are afforded certain privileges when responding to an emergency. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EMERGENCY VEHICLES. |
| SB 161 w/ HA 1 | Signed | Pinkney | According 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. |
| HB 216 | Signed | Matthews | Under the Governor’s Eleventh Modification of the COVID-19 State of Emergency Declaration, and continuing upon passage of Senate Bill No. 247, remote notarization and witnessing by Delaware attorneys via audio-visual technology has been permitted. This provision is currently set to sunset on June 30, 2021. This Act extends the provision through June 30, 2022. | AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO NOTARIZATION. |
| HB 214 w/ HA 1 | Signed | Carson | This Act creates the Disabled Veterans Property Tax Relief and Education Fund. Pursuant to this legislation, school districts are authorized to create a credit against school taxes for up to the full amount of school tax liability for property owned by a veteran with a 100% disability rating who is domiciled in this state. The full amount of such credit will be reimbursed by a transfer from the State’s General Fund to the County Receiver for distribution to such school districts. It has a delayed effective date to allow for implementation of the program. | AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO DISABLED VETERANS’ SCHOOL TAX CREDIT. |
| HB 119 w/ HA 1 | Signed | Dorsey Walker | This Act establishes Juneteenth as a State holiday. Juneteenth commemorates the emancipation of the last enslaved African Americans in the United States. The Act adds Juneteenth as a legal holiday and reduces the number of floating holidays from 2 to 1. The two floating holidays were created by the 145th General Assembly as replacements for Presidents Day and Columbus Day. This Act replaces the floating holiday that replaced Columbus Day with a legal holiday to celebrate Juneteenth. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO LEGAL HOLIDAYS. |
| HB 227 | Signed | Griffith | This Act adds child abuse in the third degree to the list of enumerated criminal offenses for which, if convicted, one is by definition considered a “perpetrator of domestic violence” for purposes of this Child Protection From Domestic Violence 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 13 OF THE DELAWARE CODE RELATING TO CHILD PROTECTION FROM DOMESTIC VIOLENCE. |
| HB 233 | Signed | Griffith | This Act updates the Delaware Code relating to the Delaware Board of Examiners of Psychologists by amending the qualifications for licensure for reciprocity applicants. Currently reciprocity applicants, even those who have practiced many years in another state without blemish, are required to possess the same type of psychology doctoral degree as a new graduate. This bill would grant the Board greater flexibility when evaluating reciprocity applicants by allowing the Board to use an applicant’s years of experience and training while licensed in another jurisdiction to compensate for any deficiencies in their education. If passed, the bill would align Delaware more closely with surrounding jurisdictions. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE PROFESSION OF PSYCHOLOGY. |
| HB 237 | Signed | Mitchell | Currently, there are police officers in this State that are not covered by the Police Officers’ and Firefighters’ Employment Relations Act meaning that they do not possess the right of organization and representation. The purpose of this bill is to allow certain law enforcement officers, including supervisors, currently not covered by the Act to have the right of organization and representation. This bill only makes those officers not currently covered by the Act eligible to organize and be represented under the Act. The Act is not intended and should not be construed to affect the rights of any public employer, police officer, or firefighter already covered by the Act. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO POLICE OFFICERS’ AND FIREFIGHTERS’ EMPLOYMENT RELATIONS ACT. |
| HB 249 | Signed | Mitchell | This Act creates a tuition reimbursement program for volunteer firefighters, similar to already existing programs for law enforcement officers and National Guard members. Pursuant to this program, active volunteer firefighters may be reimbursed for tuition for 2 undergraduate level courses or one masters level course per semester at any Delaware college or university. The State Fire Prevention Commission is charged with promulgating rules and regulations and administering the program. | AN ACT TO AMEND TITLES 14 AND 16 OF THE DELAWARE CODE RELATING TO VOLUNTEER FIREFIGHTER TUITION REIMBURSEMENT. |
| HB 265 | Signed | Carson | This 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 $63,248,262 | AN 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. |
| HCR 40 | Passed | Lambert | This 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." |
| HCR 41 | Passed | Osienski | This resolution encourages compliance with Delaware laws relating to fireworks or similar items and mindfulness regarding the potential negative impacts on neighbors from the use of fireworks or similar items, including Delawareans with post-traumatic stress disorder, children, and service animals. | ENCOURAGING THAT FIREWORKS SHOULD BE USED SAFELY, LAWFULLY, AND WITH MINDFULNESS OF THE IMPACT ON NEIGHBORS. |
| HB 263 | Signed | K. Williams | This bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program. The bill also removes the limitation on positions for the Spay/Neuter Program and allows Program to be funded from the Spay/Neuter Fund. This bill is identical in substance to Senate Bill No. 185, as amended by Senate Amendment No. 1, except that this bill provides that pet foods manufactured by non-profits will continue to pay a $23 fee and not be subject to the increase applicable to other pet foods. | AN ACT TO AMEND TITLE 3 AND TITLE 16 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES. |
Legislation Passed By House of Representatives
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| SB 51 | Signed | Walsh | This Act increases the monetary penalties for sanctions by the Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DISCIPLINARY SANCTIONS BY THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION EXAMINERS. |
| SS 1 for SB 48 | Signed | Walsh | This Act increases the penalty for violations of the Board of Electrical Examiners licensing regulations in situations involving fraud and material deception, or where a person has performed electrical work in a category for which the practitioner is not licensed. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DISCIPLINARY SANCTIONS BY THE BOARD OF ELECTRICAL EXAMINERS. |
| SB 92 | Signed | Pettyjohn | Current law grants an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is a Delaware resident a free surf fishing vehicle permit each year. Current law allows an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is not a Delaware resident to purchase a surf fishing vehicle permit each year at the Delaware resident rate. This Act grants all of these individuals the option of choosing a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO STATE PARKS. |
| SB 102 | Signed | Mantzavinos | This bill clarifies the original intent of House Bill No. 151 of the 147th General Assembly, which substantially revised the law relating to bail agent licensure and oversight, that individuals or businesses that loan or otherwise provide funds to bail agents for purposes of furnishing bail (“bail funders”) are themselves required to be licensed as bail agents. This clarification is necessary in light of certain members of the bail industry’s attempts to circumvent the requirements of HB 151, as reflected in the Superior Court opinion issued in the matter of Preferred Financial Services, Inc. v. A&R Bail Bonds LLC, et al., 2019 WL 315331 (Del. Super. January 23, 2019), aff’d 2019 WL 4042324 (Del. August 28, 2019). The bill also creates a standard term (“bail agent business entity”) to refer to business entities that advertise and act as bail agents and standardizes the use of the phrase throughout the subchapter. Section 2 provides a definition of “financial interest” and revises the provision regarding background check requirements to permit applicants to submit federal background check requests electronically through SBI. Section 3 of this bill clarifies that the duties of bail agents as set forth in Section 4333B(b) apply both to individual property bail agents and business entity licensees and also grants the Commissioner the authority to request from licensees financial statements and balance sheets in a form required by the Commissioner, bank statements, and other information deemed necessary by the Commissioner in her review of the business operations of licensees under this Chapter. Section 4 of this bill requires the automatic suspension of a bail entity’s license if such entity’s designated responsible individual licensee is no longer in good standing and dictates that a designated responsible individual licensee is responsible for the business entity’s failure to comply with the relevant insurance laws. Sections 5 and 7 of this bill correct a typographical error in the original statute. Section 6 of this bill increases the amount of the bond that bail agents are required to file with the Department. Section 7 also sets forth the procedure for requesting a hearing in connection with a license application denial, which is consistent with the procedures set forth in Chapter 17 of the Insurance Code for producers. Section 8 of this bill includes additional record maintenance requirements in connection with the use of bail funders. Sections 9 and 10 make changes for technical and consistency purposes. Section 11 of this bill requires bail agents to substantively respond to Department inquiries within a reasonable timeframe, which is consistent with the requirements under Title 18’s Unfair Trade Practices Act (Ch. 23). Section 12 of this bill adds language regarding fines that may be imposed upon bail agents in lieu of or in addition to other penalties that may be imposed for violations of the laws of this State. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO BAIL BOND AGENTS. |
| HB 151 | Committee | Smyk | Sections 1 and 2 of this Act make clear that an individual who is the subject of a false report is a victim and is entitled to restitution and the benefits of the Victims’ Bill of Rights. Section 3 of this Act corrects an internal reference to § 1245 of Title 11 based on changes made in Section 1 of this Act. 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 FALSELY REPORTING AN INCIDENT. |
| SS 1 for SB 65 w/ SA 1 | Signed | Pettyjohn | Senate Bill No. 65 establishes the Focus on Alternative Skills Training Program ("FAST"). FAST will provide tuition assistance, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the FAST program. Senate Substitute No. 1 for Senate Bill No. 65 differs from Senate Bill No. 65 as follows: 1. Extends eligibility from 18 to 24 months after an individual graduates from high school. 2. Increases the maximum amount of assistance that an individual may receive from $9,000 to $10,000. 3. Allows tuition payments for up to 12 months instead of 6 months. 4. Requires FAST to be implemented within 6 months of enactment, instead of 1 year. 5. Acknowledges the expected availability of federal funds for FAST. 6. Sunsets FAST 2 years after enactment. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FOCUS ON ALTERNATIVE SKILLS TRAINING PROGRAM. |
| HB 215 w/ HA 1 + SA 1 | Signed | Minor-Brown | Confessions 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. |
| SB 175 w/ SA 1 | Signed | Mantzavinos | Section 1 of this bill adds additional financial reporting requirements for authorized insurers, which codifies current practices in accordance with the NAIC’s accounting practices and procedures manual and which was recommended by the NAIC as part of its most recent and ongoing accreditation review of the Department. Section 2 of this bill repeals Section 526A because the Department has determined that the circumstances that originally resulted in the enactment of Section 526A are no longer present in today’s market and, therefore, the additional reporting requirement is not necessary. Sections 3 and 4 of this bill make technical corrections recommended by the NAIC. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REPORTING AND VALUATION REQUIREMENTS FOR INSURERS. |
| SCR 59 | Passed | Lawson | This resolution congratulates the class 2019-2020 Eagle Scouts for having attained the highest rank one can earn in the Boy Scouts of America. | CONGRATULATING THE CLASS OF 2019-2020 EAGLE SCOUTS FOR HAVING ATTAINED THE HIGHEST RANK ONE CAN EARN IN THE BOY SCOUTS OF AMERICA. |
Senate Committee Assignments
| Committee |
|---|
| Finance |
| Judiciary |
House Committee Assignments
| Committee |
|---|
| Economic Development/Banking/Insurance & Commerce |
| Education |
| Health & Human Development |
| Judiciary |
Senate Committee Report
| Committee |
|---|
| Elections & Government Affairs |
| Executive |
| Finance |
House Committee Report
No House Committee Report
Senate Defeated Legislation
No Senate Defeated Legislation
House Defeated Legislation
No House Defeated Legislation
Nominations Enacted upon by the Senate
No Records