Daily Report for 1/13/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 284CommitteeDorsey WalkerThis Act increases the aggregate amount of Neighborhood Assistance Tax Credits that can be approved in any 1 fiscal year from $1,000,000 to $2,000,000.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE NEIGHBORHOOD ASSISTANCE TAX CREDIT.
HB 286CommitteeOsienskiAccording to the American Society of Civil Engineers, the useful life of the components of typical sewer and wastewater systems ranges from 15 years to 100 years. In light of the long life of sewer and wastewater infrastructure, longer maturities are appropriate for bonds issued to fund such infrastructure. This bill extends the maturity of bonds permitted to be issued by New Castle County from 30 years to 40 years for both sewer and wastewater projects, recognizing the long life of such assets. Extending the maturities of sewer and wastewater infrastructure-related bonds will enable New Castle County to access federal programs that allow for longer-duration repayment periods, such as the Water Infrastructure and Innovation Act and the U.S. Department of Agriculture loan program for sewer, solid waste and stormwater drainage in eligible rural areas. Furthermore, longer maturities reduce the debt service burden on the County’s operating budget. Additionally, this bill removes the requirement that New Castle County advertise bond sales in newspapers, while retaining an obligation to provide published notice of bond sales to New Castle County residents. Municipal bond sales are advertised through national and international electronic platforms that are monitored by institutional investors, rendering print advertising of such sales obsolete and unnecessary.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE TO EXTEND THE PERMITTED MATURITIES OF BONDS FOR SEWER AND WASTEWATER TREATMENT IN NEW CASTLE COUNTY.
HB 289CommitteeHeffernanThis bill allows liquor stores, farm wineries, brewery-pubs, microbreweries, craft distilleries, and wine auctions to provide curbside service for the sale of alcohol, but makes clear that all sales must comply with all of the regulatory provisions of Chapter 7 of Title 4, including the prohibition against sales to intoxicated persons and persons under 21 years of age.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 64 w/ SA 1CommitteeTownsendThis Act requires that accumulated snow and ice be removed from surfaces of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or physical injury but this penalty is not an exclusive remedy for property damage or physical injury. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF ICE AND SNOW FROM VEHICLES.
SB 204CommitteeGayThis Act amends the Department of Services for Children, Youth & Their Families (“DSCYF”) required drug testing statute to gain parity in pre-employment drug testing procedures across state agencies that provide services for children and secure care for children or adults. Secure care positions in the Department of Correction, Delaware Psychiatric Center, and DSCYF’s Prevention and Behavioral Health and Youth Rehabilitative Services facilities are historically hard to fill. Because of the sensitive nature of these positions, there is a thorough application and vetting process for applicants, the last steps of which are the pre-employment background checks and drug testing. Despite numerous ongoing efforts to recruit and retain applicants for these positions within DSCYF’s facilities, interested applicants often choose to abandon the lengthy application process in favor of opportunities for faster hiring processes at large employers located nearby. Currently, the statute allows DSCYF to make a conditional offer of employment to an applicant who has submitted to the required pre-employment drug testing. This Act would allow DSCYF to conditionally hire an applicant and begin training the person after they have provided proof that they have submitted to the required drug testing. This ability is in line with § 5139 of Title 16 of the Delaware Code, which allows the Delaware Psychiatric Center to conditionally hire an applicant “to maintain an appropriate level of patient care,” and § 8922 of Title 29 of the Delaware Code, which simply states that the Department of Correction must test “all security sensitive applicants and applicant employees.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRUG TESTING BY THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES.
SB 203 w/ SA 1CommitteeTownsendSection 1. Section 1 of this Act amends Sections 145(c) and 145(g). Amended Section 145(c) corrects a typographical error but otherwise makes no substantive changes. The amendments to Section 145(g) expressly authorize a corporation to purchase and maintain insurance on behalf of its directors, officers, employees and other indemnifiable persons by or through a “captive insurance company,” which, in general, is an insurer directly or indirectly owned, controlled and funded by the corporation. The captive insurer may be licensed in Delaware or another jurisdiction. Like third-party insurance, the captive insurance may provide coverage for liabilities incurred by directors, officers, employees and others whether or not the corporation would have the power to indemnify them under Section 145. Thus, captive insurance could be used to provide coverage for, among other things, amounts paid to satisfy judgments and settlements of claims brought by or in the right of the corporation, even though the corporation would not have the power to indemnify the covered persons against such amounts. Amended Section 145(g) contemplates that captive insurance may be procured pursuant to any “fronting” or other reinsurance arrangement (such as when a corporation obtains insurance from a third-party insurer but, through a reinsurance policy, all or part of the risk of loss is transferred to a captive insurer). Section 145(g)(1) requires that a captive insurance policy must exclude from coverage, and must provide that the insurer may not make payment in respect, of any loss that arises out of, is based upon or is attributable to any personal profit or financial advantage to which the covered person was not legally entitled (e.g., an undue financial benefit from a self-dealing transaction), any deliberate criminal or deliberate fraudulent act, or any knowing violation of law. Despite these exclusions, directors may be covered under a captive insurance policy for certain liabilities that are not exculpable under Section 102(b)(7), including non-exculpated liability stemming from so-called Caremark or oversight claims where there is not otherwise a finding that the directors knowingly caused the corporation to violate the law. The coverage exclusions in Section 145(g)(1) only apply if the proscribed conduct has been established in a final, non-appealable adjudication in the underlying proceeding in respect of the claim. They do not apply if the proscribed conduct has been established in an adjudication in an ancillary proceeding by the insurer or the insured to determine coverage. Because the exclusions in Section 145(g)(1) are invoked only after an adjudication in the underlying proceeding, a captive insurance policy could cover amounts paid in settlement of proceedings that allege conduct referenced in Section 145(g)(1). Amended Section 145(g) makes clear that the conduct of one person insured under the captive policy will not be imputed to any other insured person for purposes of applying the conduct exclusions set forth in Section 145(g)(1). In addition, the exclusions in Section 145(g)(1) do not apply to the extent the corporation would otherwise be entitled to indemnify the covered person under the other provisions of Section 145. A corporation that establishes a captive insurance program may include in the insurance policy limitations or exclusions from coverage that are in addition to those prescribed by statute. Amended Section 145(g)(2) provides that any determination to make a payment under a captive insurance policy must be made either by a third-party administrator or in accordance with the procedures set forth in paragraphs (d)(1) through (4) of Section 145, to ensure that the persons claiming entitlement to payment under the captive insurance policy are not the same persons making the decision whether to pay claims under the policy. Amended Section 145(g)(3) provides that if any payment is to be made under the captive insurance policy in connection with the dismissal or compromise of any action, suit or proceeding by or in the right of the corporation as to which notice is required to be given to stockholders, the corporation must include in the notice that a payment is proposed to be made under the captive insurance policy in connection with the dismissal or compromise. Section 145(g)(3) thereby affords the reviewing court and stockholders an opportunity to consider the use of assets of the captive insurance company in connection with a compromise of such actions, suits or proceedings. However, amended Section 145(g) does not require a court to make any specific determinations with respect to payments by a captive insurer. The amendments to Section 145(g) make clear that a corporation that establishes and maintains a captive insurance company shall not, solely by virtue thereof, be subject to the provisions of Title 18 of the Delaware Code regulating insurance companies. The amendments to Section 145(g) are not intended to prohibit other forms of insurance that would have been permitted under the provisions of Section 145(g) that predated this amendment.AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
HCR 43PassedK. WilliamsThis Concurrent Resolution recognizes January 2022 as Human Trafficking Awareness Month in Delaware.RECOGNIZING THE MONTH OF JANUARY 2022 AS "HUMAN TRAFFICKING AWARENESS MONTH" IN DELAWARE.
SA 1 to SB 203PassedTownsendThis Amendment makes a technical correction.  
HCR 45PassedSchwartzkopfThis Concurrent Resolution provides for a Joint Session of the House of Representatives and the Senate to be convened for the purpose of hearing an address by the Honorable John C. Carney, Governor of the State of Delaware.PROVIDING THAT A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE BE CONVENED FOR THE PURPOSE OF RECEIVING THE ANNUAL STATE OF THE STATE ADDRESS BY THE HONORABLE JOHN C. CARNEY, GOVERNOR OF THE STATE OF DELAWARE.
SA 1 to SB 64PassedTownsendThis Amendment provides that the requirement that a person remove accumulated ice and snow from the exterior surfaces of a vehicle before operating the vehicle does not apply on a roadway with a speed limit of 25 miles per hour or less. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SCR 63PassedSokolaThis Concurrent Resolution requests an advisory opinion of the Justices of the Delaware Supreme Court regarding the proper construction of § 13 of Article III of the Delaware Constitution.REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE DELAWARE SUPREME COURT REGARDING THE PROPER CONSTRUCTION OF § 13 OF ARTICLE III OF THE DELAWARE CONSTITUTION.
HB 267CommitteeBushThis Act corrects an error in the drafting of Section 4, Chapter 69, Volume 83 of the Laws of Delaware, House Bill No. 164 of the 151st General Assembly, and makes the correction retroactive to the enactment of the law on June 30, 2021.AN ACT TO AMEND CHAPTER 69 OF VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO DECEDENTS' ESTATES AND TRUSTS.
HB 269CommitteeSpiegelmanThis Act amends the Town of Townsend Charter to provide the Town with some flexibility in scheduling its meetings.AN ACT TO AMEND THE CHARTER OF THE TOWN OF TOWNSEND RELATING TO TOWN COUNCIL MEETINGS.
HB 280CommitteeBentzThis Act commits discretion over the length of certified nursing assistant training and orientation programs to the Secretary of the Department of Health and Human Services. This change will facilitate the rapid certification of National Guard members as certified nursing assistants (CNAs) by allowing the Department of Health and Social Services to establish the total required classroom and clinical training and mandatory facility-specific orientation hours. Modeled after a Minnesota initiative, eligible guard members will participate in rapid certification programs through DelTech and be deployed to provide temporary staffing in long term care facilities experiencing staffing shortages under MOUs entered will the facilities. National Guard members have served as a critical part of the state’s response efforts throughout the COVID-19 pandemic. Training and deploying National Guard soldiers to work as CNAs will help relieve staffing shortages in health care settings and facilitate the transfer of patients out of Delaware’s hospitals to free up in-patient bed space. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REGULATORY PROVISIONS CONCERNING PUBLIC HEALTH.
HB 281CommitteeSchwartzkopfThis Act provides for a Deputy Controller General who is authorized to serve as the Acting Controller General if the Controller General dies, resigns, is removed, or is temporarily incapacitated. This Act codifies the Controller General’s responsibility for staffing the Joint Committee on Capital Improvement and preparing fiscal projections and fee impact statements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE CONTROLLER GENERAL.
HB 282CommitteeSchwartzkopfThis Act authorizes Legislative Council to determine the compensation to be paid to the Delaware Code Revisors.AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO THE DELAWARE CODE REVISORS.
HB 295CommitteeSchwartzkopfIn January 2021, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 150th General Assembly in 2019 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. House Bill No. 263 (151st General Assembly) increased the registration fees for pet food that is not manufactured by a nonprofit. This Section reorganizes the sentences in § 1706(a)(2) of Title 3 to clarify the applicability of each fee. Section 2. Senate Bill No. 96 (151st General Assembly) increased the inspection fee for commercial fertilizers over the next 3 years, beginning January 1, 2022. The current fee was not included in SB 96 so it is not repealed and it is not clear how many fees are required. This Section revises § 2106 of Title 3 to repeal the fee in place before the enactment of SB 96 when the first increase takes effect on January 1, 2022. This Section also revises § 2106(a) so that the list of fees is not in the middle of a sentence and so that there are no undesignated paragraphs. This Section also corrects a typographical error made when SB 96 was engrossed with Senate Amendment No. 1. Section 3. Senate Bill No. 22 (151st General Assembly) contains a list of plants that must be included on the Invasive Plant list. This Section corrects the scientific name for English Ivy in § 2904(c)(32) of Title 3. Section 4. When drafting the revisions to § 512C of Title 4 in Section 5, technical errors were identified in § 512B of Title 4. This Section makes technical corrections to § 512B, including changing “and/or” to “or” because “and/or” is unclear and in this context, “or” can include 1 or more of the businesses in the sentence. Section 5. Two pieces of legislation were enacted during the 151st General Assembly in 2021 that revise § 512C of Title 4. House Bill No. 46 allows a microbrewery licensee to manufacture and sell fermented beverages and House Bill No. 81 allows licensed microbreweries to share brewing equipment. This Section adds fermented beverages to the list of products microbreweries can manufacture and sell where the list appears in the paragraphs added by House Bill No. 81. Section 6. Senate Bill No. 113 (151st General Assembly) incorrectly repealed language in § 160(c) of Title 8 that provides an important reference for the requirements for voting and quorum. This Section restores that phrase. Section 7. House Bill No. 11 (151st General Assembly) revised the definitions in § 1101A of Title 9. This Section clarifies that the definition of “local service function” is referring to the Delaware Constitution and Delaware Code. Section 8. House Bill No. 9 (151st General Assembly) added the term “adjudication” to § 787 of Title 11 to allow juvenile victims of human trafficking to more easily expunge convictions. House Amendment No. 1 to House Bill No. 9 was incorrectly drafted resulting in the improper format of referenced Code sections. This Section corrects the form of the citations and replaces the vague word “such” to reference an expungement order under paragraph (j)(2) of the section. Section 9. This Section corrects the paragraph designations in § 778A of Title 11 which were incorrectly drafted in Senate Bill No. 229 (145th General Assembly). Section 10. This Section inserts the word “in” where it is missing in the first sentence of § 1206 of Title 11. Section 11. House Bill No. 35 (147th General Assembly) redesignated the subsections in § 1448A of Title 11, including the designation of subsection (j), but did not revise the reference in subsection (m) from subsection (j) to subsection (k). House Bill No. 325 (148th General Assembly) again redesignated the subsections in § 1448A of Title 11 and incorrectly changed the reference in subsection (m) to subsection (k), instead of to subsection (l). The reference to subsection (k) is incorrect because HB 325 redesignated subsection (k) as subsection (l). This Section corrects the reference in § 1448A(m) to subsection (l). Section 12. House Bill No. 204 (149th General Assembly) created a definition for the term “bail” that includes all categories of pretrial release. This Section revises § 2116 of Title 11 so that it is consistent with the rest of Chapter 21 of Title 11 by using the defined term “bail”. Section 13. This Section corrects typographical errors made in § 4101(h) of Title 11 by House Substitute No. 1 for House Bill No. 143 (146th General Assembly). Specifically, the definitions in § 4101(h)(9) should refer only to subsection (h), not the entire section, and in § 4101(h)(9)c., the word “or” is missing and the article “a” is incorrect grammatically. Section 14. During the 151st General Assembly, 3 pieces of legislation made revisions to § 4373(b)(1)b. of Title 11: House Bill No. 83, Senate Substitute No. 1 for Senate Bill No. 38, and Senate Bill No. 112. As a result, the word “offense” was omitted from § 4373(b)(1)b. This Section restores the word "offense" and repeals "or violation" because under § 233 of Title 11, the term "offense" includes violations. In addition, SB 112 made some felony convictions eligible for mandatory expungement subject to the existing exceptions based upon the status of the victim. This Section also clarifies that exception. Section 15. Senate Bill No. 85 (150th General Assembly) divided the existing subsection (a) of § 5917 of Title 11 into 3 subsections so it is no longer clear what subsection (b) is referring to when it says “notwithstanding the foregoing”. This Section revises § 5917(b) of Title 11 to reference subsection (a) that section. Section 16. The Section adds a verb that was omitted when House Bill No. 83 (151st General Assembly) revised § 1008(n) of Title 14. Section 17. House Bill No. 202 (151st General Assembly) and Senate Bill No. 169 (151st General Assembly) both revised § 3002A of Title 14. This section repeals the word “the” that was added by HB 202 because it is unnecessary after the revisions to the sentence by SB 169. Section 18. House Bill No. 202 (151st General Assembly) added a reference to the “IDEA Part C lead agency” to § 3004A(a) of Title 14. Section § 3004A(a)(2) takes effect the same day as Chapter 31A of Title 14, which was enacted by Senate Bill No. 136 (151st General Assembly). This Section revises § 3004A(a) so it references the Department of Education’s responsibility as the IDEA Part C lead agency under Chapter 31A of Title 14. Section 19. Section 8001 of Title 14 was enacted by House Bill No. 202 (150th General Assembly) and did not include the form language explaining the applicability of the definitions in the section. House Bill No. 120 (151st General Assembly) incorrectly sought to put the form language in the heading of § 8001. This Section adds the form language to § 8001 of Title 14. Section 20. Section 1131(4)c. of Title 16 contains incorrect references to the Department of Health and Social Services’ authority for licensing hospitals to treat adults with mental conditions. Section 5001 of Title 16 is a definitions section and House Bill No. 346 (147th General Assembly) repealed § 5136 of Title 16 in 2014. In 2019, House Bill No. 91 (150th General Assembly) revised the definition of “hospital” for purposes of the licensing requirement under Chapter 10 of Title 16, to include facilities that provide psychiatric care. Thus, all of the facilities that had been listed in § 1131(4)c. are now included in § 1131(4)d. because they are licensed under Chapter 10 of Title 16. This Section repeals the inaccurate reference in § 1131(4)c. of Title 16. Section 21. Senate Bill No. 55 (151st General Assembly) made a technical correction to how public and charter school nurses are referenced in § 3001E of Title 16 and this Section makes the identical, corresponding correction to § 3003E of Title 16. Section 22. This Section repeals the references in § 4771 of Title 16 to where “drug paraphernalia” is defined for Chapter 47 of Title 16 to conform to the standards of the Delaware Legislative Drafting Manual. Section 4701 defines the term “drug paraphernalia” for Chapter 47 of Title 16 so it is not necessary to reference the definition. Section 23. Senate Bill No. 128 (151st General Assembly) implements the Joint Legislative Oversight and Sunset Committee’s recommendations regarding the Delaware Health Information Network. This Section corrects a typographical error in § 10303 of Title 16 to eliminate a word that repeats unnecessarily. Section 24. This Section corrects the names of the laws referenced in § 1758(c) of Title 18. Section 25. Senate Bill No. 337 (139th General Assembly) enacted § 2317 of Title 18, which prohibits discrimination in insurance based on genetics. This Section corrects § 2317(b) so that instead of unnecessarily referencing where the term "insurance" is defined for the statute, it clearly states that the discrimination being prohibited is based on any genetic characteristic or genetic information, which is consistent with the legislative intent stated in the Synopsis for SB 337. The terms "genetic characteristic", "genetic information", and "insurance" are defined for this section in subsection (a) of this section. Section 26. This Section corrects a drafting error in House Bill 95 of the 151st General Assembly by adding a comma to clarify that Medicare supplement and long-term care are distinct categories of policies included in the exception in § 3370D(e) of Title 18. Sections 27 through 29. House Bill No. 160 (151st General Assembly) which revised the law governing the practice of telehealth and telemedicine made the word “state” lowercase in § 3570 and § 3571R of Title 18 and § 6001 of Title 24. When the word “state” is lowercase in the Code, it refers to any state but the intent of HB 160 was to require health-care providers to be allowed to practice in Delaware. These Sections change the word “state” to “Delaware” for both accuracy and clarity. Section 30. This Section corrects a typographical error in Senate Substitute No. 1 for Senate Bill No. 36 (151st General Assembly) so that § 6906(c)(2) of Title 18 is consistent with paragraph (a)(2) in the same section. Section 31 and Section 32. The federal health insurance providers fee under § 9010 of the Affordable Care Act [P.L. 111-148, § 9010] was repealed for calendar years beginning after December 31, 2020, under the Further Consolidated Appropriations Act, signed into law on December 20, 2019. These Sections repeal references in §§ 8702 and 8703 of Title 18 to this repealed fee. Section 33. Executive Order No. 36, February 6, 2020, reestablished and reconstituted the Workforce Investment Board (“WIB”) and made the WIB responsible for the activities required under the federal Workforce Innovation and Opportunity Act. This Section updates § 3402 of Title 19 to reflect the WIB’s responsibility for this program. Section 34. This Section corrects a drafting error in House Bill No. 432 of the 143rd General Assembly which failed to repeat the revised list of subsections the second time these subsections are referenced in subsection § 2751(j) of Title 21. Section 35 and Section 36. In 2003, House Bill No. 301 (142nd General Assembly) changed the name of the Department of Public Safety to the Department of Safety and Homeland Security. Some references to this agency in the Delaware Code were not included in HB 301, so these Sections correct the agency name. Section 37. The penalty provision of § 4189(g) of Title 21 is written so that the maximum amount of a fine only applies to a second offense, not a first offense and does not impose a fine on a subsequent offense after the second offense. This Section applies the maximum amount of a fine to the first offense and allows the fine for a second offense to also be imposed for subsequent offenses. Section 38. Senate Bill No. 89 (151st General Assembly) contained an incorrect internal reference to a subsection in § 4505 of Title 21. This Section corrects and clarifies the internal references in § 4505 of Title 21. Section 39. This Section makes form language and punctuation corrections to § 1770A of Title 24. Section 40. The Section corrects an internal reference in § 7026 of Title 25. Chapter 70 of Title 25 was revised, and reorganized, by House Bill No. 45 (150th General Assembly), which was the result of the work by the Manufactured Housing Task Force, created by HR 24 (149th General Assembly). Before HB 45, the sections in Subchapter IV of Ch. 70 were all under § 7026 and the Synopsis of HB 45 clearly explains that the changes to § 7026 were technical, not substantive. HB 45 moved the sentence that had been § 7026(l) to § 7026(b) but did not make the corresponding change to internal reference to “this section”, which is necessary because what had been a section is now Subchapter IV. Section 41. Section 1002(b)(3) of Title 29 references Chapter 16 of Title 29. However, Senate Bill No. 198 (137th General Assembly) repealed Chapter 16 of Title 29 and enacted Chapter 58 of Title 29. This Section corrects the reference in § 1002(b)(3) to Chapter 58. Section 42 and Section 43. Senate Bill No. 107 (147th General Assembly) added a new paragraph (2) to subsection (f) of § 5501 of Title 29, the definition of “employee” for the State Employees Pension Plan, and redesignated the numbers of the existing paragraphs accordingly. The new paragraph (f)(2) of § 5501 of Title 29 requires that an individual be employed on a full-time or annual basis or “regular part-time basis.” When SB 107 was enacted § 8351(6)a. of Title 11 and § 5600(6)b. of Title 29 referred to § 5501(f)(1) and (2) of Title 29 so when SB 107 changed the paragraph designation of § 5501(f)(2) of Title 29 to (f)(3), a corresponding change was made to the referenced paragraph in § 8351(6)a. of Title 11 and § 5600(6)b. of Title 29. This Section corrects the reference in § 8351(6)a. of Title 11 and § 5600(6)b. of Title 29 to include paragraphs (f)(1) through (f)(3) of § 5501 of Title 29. Section 44. This Section repeals the remaining sentence in § 6960(l) of Title 29, which was omitted when House Bill No. 83 (151st General Assembly) repealed the Prevailing Wage Advisory Committee that sunset in 2019. Section 45. This Section corrects a verb tense in § 6960A(a)(2) of Title 29, which was enacted by Senate Bill No. 184 (151st General Assembly). Section 46. This Section repeals the phrase “in any event” from § 8061(d)(6)c., which was added by Senate Bill No. 54 (151st General Assembly), because it is redundant and confusing. Section 47. This Section removes a duplicate sentence from § 1106 of Title 30. Section 48. This Section repeals Chapter 13 of Chapter 31, which requires the Department of Labor (DOL) to provide a displaced homemaker program. DOL provides the services required under this chapter as part of other case managed training services but there is no longer a distinct eligibility category for displaced homemakers. Section 49. House Substitute No. 1 for House Bill No. 134 (151st General Assembly) revised the Charter of Hartly (Charter). This Section inserts the word “with” which was omitted from § 9.5.2 of the Charter. HS 1 for HB 134 correctly spelled the plural of the word “money” as “moneys” when revising the Charter. This Section corrects the spelling of “monies” to “moneys” where it is incorrectly spelled in preexisting sections of the Charter. Section 50. Senate Substitute No. 1 for Senate Bill No. 24 (151st General Assembly) prohibits the intentional release of balloons but delayed the effective date of the penalties for individuals. This Section corrects the Title of the Code that contains the penalty provisions and adds the actual effective date for SS 1 for SB 24.AN ACT TO AMEND TITLE 3, TITLE 4, TITLE 8, TITLE 9, TITLE 11, TITLE 14, TITLE 16, TITLE 18, TITLE 19, TITLE 21, TITLE 24, TITLE 25, TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE, THE CHARTER OF HARTLY, AND THE LAWS OF DELAWARE RELATING TO TECHNICAL CORRECTIONS.
HB 290 w/ HA 1, HA 2CommitteeSchwartzkopfThis bill permanently removes the sunset provision of House Bill 1 to allow food and drink establishments who suffered great losses since March, 2020 due to the pandemic to continue to sell alcoholic beverages in transactions for take-out, curbside, or drive-through service and to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions. This bill also permanently provides the Commissioner the authority to temporarily suspend a license only if the Commissioner has reasonable grounds to believe that public's safety is at risk and there has been a violation of the law, and to hold hearings by electronic, telephonic, or remote means.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SCR 64PassedPettyjohnThis Concurrent Resolution recognizes January 9, 2022, as "Law Enforcement Appreciation Day" in Delaware.RECOGNIZING JANUARY 9, 2022, AS "LAW ENFORCEMENT APPRECIATION DAY" IN DELAWARE.
SCR 65PassedLockmanThis Senate Concurrent Resolution honors and recognizes the leadership, achievements, and sacrifices of Dr. Martin Luther King, Jr. and urges all citizens of the First State to participate fittingly in the observance of Dr. Martin Luther King, Jr. Day on January 17, 2022.HONORING THE LIFE AND WORK OF DR. MARTIN LUTHER KING, JR. ON THE OCCASION OF “DR. MARTIN LUTHER KING JR. DAY".
SCR 66PassedSokolaThis concurrent resolution remembers and recognizes the life and service of former Delaware Governor Ruth Ann Minner.HONORING THE MEMORY AND SERVICE OF THE HONORABLE RUTH ANN MINNER, FORMER GOVERNOR OF DELAWARE.
HA 1 to HB 290PassedSchwartzkopfThis bill clarifies that alcoholic beverages sold in transactions for take-out or curbside service must be in a container that is designed to prevent consumption without removal of the lid, cap or seal in order to avoid a consumption while driving. This bill also makes clear that only persons certified by the Division of Alcohol and Tobacco Enforcement as a responsible alcoholic beverage server can sell and serve alcoholic beverages in transactions for take-out or curbside service. 
HA 2 to HB 290PassedSchwartzkopfThis amendment limits the kind and amount of alcoholic beverages that may be sold in transactions for take-out, curbside, or drive through service to one 750 ML bottle of wine, 6 servings of beer, and mixed cocktails that are made in the restaurant, brewpub, tavern, taproom or other entity with a valid on-premise license. 

Senate Committee Assignments

Banking, Business & Insurance
Elections & Government Affairs
Health & Social Services

House Committee Assignments

Revenue & Finance
Technology & Telecommunications
Transportation/Land Use and Infrastructure

Senate Committee Report

No Senate Committee Report

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