Daily Report for 1/6/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 167LOTLockmanThis Act seeks to increase the supply of homes available to rent for low-income individuals and families by providing incentives to landlords who participate in a government-sponsored rental assistance program. To that end, this Act creates a Landlord Mitigation Fund, administered by the Delaware State Housing Authority ("DSHA"), to provide payment for certain types of claims for payment or reimbursement for certain expenses incurred by participating landlords. The Act provides that the DSHA shall set the maximum amount that a landlord may recover from the Landlord Mitigation Fund, per claim and per tenancy. In addition, the Act provides that the DSHA has sole discretion to determine payment from the Landlord Mitigation Fund. Payment is subject to the availability of funds in the Landlord Mitigation Fund. A landlord who has received payment from the Landlord Mitigation Fund is prohibited from taking legal action against, or pursuing collection from, a tenant for damages attributable to the same tenancy, except to the extent the landlord seeks damages in excess of the amounts received from the Landlord Mitigation Fund. The Act is a substitute for and differs from Senate Bill No. 167 by eliminating claims for payment of a security deposit from the types of claims for which reimbursement from the Landlord Mitigation Fund may be sought. In addition, this Act removes dollar limitations on reimbursement from the Landlord Mitigation Fund and instead authorizes the DSHA to determine such limitations. The Act further eliminates the requirement that the DSHA create and maintain a waitlist, in the event that funds do not exist in the Landlord Mitigation Fund to pay eligible claims. The Act also creates exceptions to the limits on remedies for landlords receiving a payment from the Landlord Mitigation Fund. Finally, the Act eliminates the requirement that a tenant repay to the DSHA amounts paid to a landlord for a claim pursuant to subsection (b)(3) or (b)(4). AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE LANDLORD MITIGATION FUND.
HB 276CommitteeBennettAt least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ELIGIBILITY OF REGISTERED QUALIFYING PATIENTS UNDER THE DELAWARE MEDICAL MARIJUANA ACT TO PURCHASE OR POSSESS FIREARMS.
SB 205CommitteeGay The Bill expands the availability of free feminine hygiene products at all public and charter schools. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.
SB 206CommitteeRichardsonThis Act requires a school district or charter school serving high school students to provide instruction in comparative political ideology in grade 10. The instruction must include a comparative discussion of political ideologies, including communism and totalitarianism, which conflict with the principles of freedom and democracy essential to the founding principles of the United States. The purpose of this instruction is to do all of the following: (1) Explore various political ideologies, including communism and totalitarianism. (2) Highlight the conflict other political ideologies have with the founding principles of the United States. (3) Prepare students to be responsible citizens in a free democracy. (4) Develop a recognition of and acceptance for the responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. (5) Reaffirm the commitment to freedom and democracy essential to the founding principles of the United States. This Act requires the Department of Education (“Department”) to make resources available to school districts and charter schools to assist them in providing the required instruction. Additionally, the Department is required to curate and make publicly available oral history resources, to be used along with the required instruction, that provide the personal stories of diverse individuals who demonstrate civic-minded qualities, including first-person accounts of victims of other nations’ governing philosophies who can compare those philosophies with those of the United States. This Act requires each school district or charter school to designate an individual responsible for overseeing the implementation of the instruction required under this Act. The designated individual is to report to the Department each year regarding how the required instruction has been implemented by that individual’s school district or charter school. The Department is to report each year to the Governor and General Assembly. The implementation of this Act is delayed until the 2023 through 2024 school year to give school districts and charter schools time to develop the instruction required under this Act and the Department time to curate and provide the required oral history resources.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO COMPARATIVE POLITICAL IDEOLOGY INSTRUCTION.
HB 277CommitteeLynnThis Act codifies the principle set forth in Doe v. Bicking, 2020 Del. Super. LEXIS 43, *32, 2020 WL 374677 (Del. Super. Jan. 22, 2020) that recognizes that in cases of childhood sexual abuse by an employee of a school, organization, or business that serves or cares for children, the perpetrator often has authority and power over the child victim, which can be enabled by the perpetrator’s position in that institution. If a child is abused while the perpetrator is doing the perpetrator’s job, the employer should be responsible. This Act also changes the standard of culpability from “gross negligence” to “negligence” for public schools in civil claims based on childhood sexual abuse. Children who are sexually abused by private employer employees (e.g. daycare providers, private schools, etc.) have more protection than children abused by their teachers and coaches at public schools. There should be one standard of care that holds schools and businesses equally accountable when their recklessness, inattention, or failure to act causes a student to be sexually abused. This Act seeks to avoid future instances of the result in Bates v. Caesar Rodney Sch. Dist., No. 13, 2021, 2021 Del. LEXIS 315 (Del. Oct. 6, 2021), a case which held that when a student is abused at school by a teacher, the school has no legal responsibility. This Act takes effect 90 days after its enactment into law. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LIABILITY FOR SEXUAL ABUSE OF A CHILD BY AN ADULT EMPLOYEE OF A SCHOOL, ORGANIZATION, OR BUSINESS.
SB 207CommitteeWilsonThis Act extends until 2026 the requirement that agriculture and intrastate construction vehicles be registered in accordance with the manufacturer's gross vehicle weight rating.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRUCK WEIGHTS.
HB 273CommitteeOsienskiThis Act updates the synthetic cannabinoids listed on Schedule I of the Uniform Controlled Substances Act by using broader language so that new synthetic cannabinoids created after the enactment of this Act fall within this definition without needing to be specifically listed. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give jurisdiction to inferior courts and possession of a controlled substance is a misdemeanor under § 4763 of Title 16.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SYNTHETIC CANNABINOIDS.
SB 208CommitteeWalshThis Act clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available on the next payday after an employee quits, resigns, is discharged, suspended, or laid off. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYER'S FAILURE TO PAY WAGES.
HB 278CommitteeCollinsThis Act requires personal income tax brackets to be annually adjusted for cost-of-living increases. This will prevent tax increases due to "bracket creep" caused by cost-of-living raises given to workers. This Act will be effective for tax years beginning after December 31, 2022.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAXES.
HB 279CommitteeBushThis Act establishes certification and continuing education requirements for central service technicians working in hospitals and freestanding surgical centers. Central service technicians are an important part of the healthcare team responsible for decontaminating, inspecting, assembling, disassembling, packaging, and sterilizing reusable surgical instruments and equipment. This Act requires individuals who perform the tasks of a central service technician to pass a nationally accredited examination and to hold either a certified registered central service technician credential or certified sterile processing and distribution technician credential within 18 months of hire. This Act grandfathers anyone working as a central service technician in a health care facility on or before January 1, 2023.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFICATION OF CENTRAL SERVICE TECHNICIANS.
SB 209CommitteeParadeeIn 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this Act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a TNC. The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022.AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.
SB 210CommitteeParadeeThis Act responds to the promulgation of final federal regulations, 85 FR 74010, for state-sponsored savings programs under section 529A of the Internal Revenue Code, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (“ABLE”), through which contributions may be made to the account of an eligible individual with a disability to meet qualified disability expenses. The federal regulations, among other things, resolve questions related to who may establish and exercise signature authority over an ABLE account. The final regulations clarify that an eligible individual with legal capacity may delegate signature authority to any other person and provide a hierarchy of persons who may establish or exercise signature authority over an ABLE account for an individual without legal capacity. The final regulations also clarify that expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses. The Act makes changes to Chapter 96A of Title 16 of the Delaware Code for the sole purpose of conforming the Code to these aspects of the final regulations.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM.
SA 1 to SB 195PWBS. McBrideThis Amendment adds the Delaware State Librarian and certified school librarians as people the Department of Education may consult for technical expertise regarding the media literacy standards required under Senate Bill No. 195. 

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Banking, Business & Insurance
Education
Health & Social Services
Labor
Transportation

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Judiciary
Labor
Public Safety & Homeland Security
Revenue & Finance

Senate Committee Report

No Senate Committee Report

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