Daily Report for 1/27/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SR 25PassedEnnisThis Senate Simple Resolution urges Delaware's U.S. Congressional Delegation and the President of the United States to support federal legislation, H.R. 3339, to establish a National Infrastructure Bank to fund urgently needed infrastructure projects.SUPPORTING FEDERAL LEGISLATION, H.R. 3339, TO CREATE A NATIONAL INFRASTRUCTURE BANK.
SB 226CommitteeSokolaThis Act appropriates $215,857,400 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, 2023 TO THE OFFICE OF MANAGEMENT AND BUDGET.
HB 294CommitteeK. WilliamsThis Act requires each school district and charter school to provide each student in preschool, kindergarten, and in grades 2 and 4 an oral health screening by January 15 of each school year. The Division of Public Health (DPH) offers school-based oral screening and fluoride applications through the Delaware Smile Check program at no cost to the school district or charter school or to the student. AN ACT TO AMEND TITLES 14 OF THE DELAWARE CODE RELATING TO HEALTH EXAMINATIONS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 268SignedBaumbachThe bill amends the Charter of the City of Newark by changing the timeline for special elections from no less than 30 and no more than 60 days after a vacancy occurs to no less than 60 and no more than 90 days after a vacancy. In addition, the bill sets the filing deadline for special elections at 29 days prior to the election. During the two recent special elections, the City of Newark found that the current timeframe is insufficient, given the frequency of city council meetings (at which the council is required to set the date), the lead time for placing notices in newspapers, and reasonable time for residents to decide to file to run and to gather the requisite number of signatures.AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK RELATING TO NOMINATIONS AND ELECTIONS.
HB 269SignedSpiegelmanThis 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 272SignedBushThis Bill amends the State’s insurance holding company system registration act to designate two additional categories of documents filed under the insurance holding company system registration act as subject to confidential treatment under the law and to incorporate changes adopted by the National Association of Insurance Commissioners related to affiliated transactions for insurers in receiverships. The adopted changes to the model law were developed to address the continuation of essential services by affiliates of insurers undergoing receivership, as well as the receiver’s access to data and records held by affiliates but belonging to the insurer. The amendments, among other things, add certain standards for affiliate transactions of an insurer that is deemed to be in hazardous financial condition or subject to a supervision, conservation or delinquency proceeding, including that such transactions must: • Allow the commissioner to require a deposit or bond for the protection of the insurer in connection with affiliated transactions; • Require that all records and data of the insurer held by the affiliate are and remain the property of the insurer; and • Specify that premiums or other funds belonging to the insurer but collected or held by an affiliate are the exclusive property and subject to the control of the insurer. The amendments permit the commissioner to require that certain affiliate agreements specify that the affiliate consents to the jurisdiction of the supervision, seizure, conservatorship or receivership proceedings. The amendments also bolster the minimum required provisions that must be included in agreements for cost-sharing services and management services, including to specify that the affiliate will provide essential services for a specified period after termination of the affiliate agreement if the insurer is placed into supervision, seizure, conservatorship or receivership. This Act 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 INSURANCE HOLDING COMPANY SYSTEM REGISTRATION.
HB 285SignedOsienskiThis bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 exempts unemployment compensation benefits received in 2021 from the calculation of Delaware adjusted gross income so that unemployment claimants will not have to pay state taxes on the benefits they received during the continuation of the pandemic into 2021. This exemption was previously granted for 2020 state taxes. Section 2 holds the 2022 new employer assessment rate, average industry assessment rate and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 reduces the unemployment tax assessment rate for merit rated employers to the lowest of their earned rates for 2020, 2021 and 2022, in order to provide further tax relief for employers dealing with the economic effects of COVID-19, but does not provide this reduction for any employers who are paying the delinquency rate of assessment because of a failure to file quarterly assessment reports or failure to pay assessments. Section 3 also allows the Department the administrative authority to reduce employer assessment rates below the delinquency rate and provide responding credits, as necessary to correct administrative errors or address fraudulent claims charged to employers, except for employers who are charged the delinquency assessment rate because they have failed to file any quarterly tax report. Section 4 holds the taxable wage base at $14,500 for 2022, which will reduce the amount of wages on which employers pay unemployment tax assessments into the UI Trust Fund for 2022. The Department has determined that the impact of this change on the UI Trust Fund balance is estimated to be $11.4M in 2022. Sections 5 and 6 extend to December 31, 2022 the provision in HB 65, which authorized the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to deal with the continuing effects of COVID-19 and implement federal programs providing unemployment benefits to respond to COVID-19.AN ACT TO AMEND TITLES 19, 29 AND 30 OF THE DELAWARE CODE RELATING TO COVID-19 RELATED UNEMPLOYMENT BENEFITS, ASSESSMENTS AND RULEMAKING AUTHORITY.
HB 295SignedSchwartzkopfIn 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.
SB 211 w/ SA 1, SA 2SignedMantzavinosThis Act prohibits employers from requesting or requiring that an applicant for employment disclose the applicant’s age, date of birth, or dates of attendance or graduation from an educational institution in an initial application for employment, unless the employer is requesting the information because of a bona fide occupational qualification or to comply with state or federal law. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.
HCR 48PassedMorrisonThis Concurrent Resolution declares the month of February 2022 as Seasonal Affective Disorder Awareness Month. RECOGNIZING FEBRUARY 2022 AS SEASONAL AFFECTIVE DISORDER AWARENESS MONTH.
HB 289SignedHeffernanThis 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.
HB 310SignedHeffernanThis Act amends the Fiscal Year 2022 Bond and Capital Improvements Act to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) redistribute Community Reinvestment Funds to the Department of Transportation; (3) clarify existing funds for Mental Health Services Units are to be distributed as a block grant; (4) authorize drainage project funds to be used for both the Meeting House Branch and Persimmon Park Place drainage projects; (5) reallocate funds for a shellfish aquaculture project; (6) reallocate funds from the Municipal Infrastructure Fund to the Delaware State Fair; (7) include repairs to the responsibilities of the Facilities Management Section; (8) authorize the Office of Management and Budget to acquire property for the Delaware National Guard; (9) authorize the Department of State to identify land for acquisition for the North Wilmington Library; (10) authorize the Office of Management and Budget to transfer a property to St. Anthony’s Community Center Inc.; (11) increase substitute pay to adjust for minimum wage increases; (12) reallocate funds from the Clean Water and Drinking Water State Revolving Funds to create a School Construction Market Pressure Contingency Fund; (13) reallocate funds from the Clean Water and Drinking Water State Revolving Funds for the Riverfront Development Corporation; (14) reallocate funds from the Clean Water and Drinking Water State Revolving Funds to the Urban Redevelopment program; (15) exempt the Delmar School District Parking Lot Project from prevailing wage requirements due to funding source; and (16) authorize local bond shares for the Appoquinimink School District.AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2022.
HCR 46PassedSpiegelmanThis Concurrent Resolution recognizes January 27th, 2022 as International Holocaust Remembrance Day.RECOGNIZING JANUARY 27TH, 2022 AS INTERNATIONAL HOLOCAUST REMEMBRANCE DAY.
HCR 44PassedK. WilliamsCholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2022 as "World Cholangiocarcinoma Day" in Delaware.RECOGNIZING FEBRUARY 12, 2022 AS "WORLD CHOLANGIOCARCINOMA DAY" IN DELAWARE.
HCR 47PassedBaumbachThis House Concurrent Resolution recognizes February 28, 2022, as "Rare Disease Day" in Delaware.DESIGNATING FEBRUARY 28, 2022, AS "RARE DISEASE DAY" IN THE STATE OF DELAWARE.
SA 1 to SB 211PassedMantzavinosThis amendment expands upon the reasons that an employer can request or require prospective employees to disclose their age, date of birth, dates of attendance at, or date of graduation from, an educational institution to include circumstances where the information is required by any regulatory, licensing, or certifying body or organization.  
HCR 50PassedS. MooreThis Resolution recognizes the 50th anniversary of the Middletown Area Chamber of Commerce.RECOGNIZING THE 50TH ANNIVERSARY OF THE MIDDLETOWN AREA CHAMBER OF COMMERCE.
HS 1 for HB 291SignedHeffernanThis Act continues the changes made to the Delaware Performance Appraisal System II created under Senate Bill 42 of the 151st General Assembly, with modifications. In order to maintain an evaluation system under current operational challenges, this bill modifies Senate Bill 42 by allowing evidence collected during the observation and feedback cycle to be used a part of the evaluation cycle, to assign a summative rating, and to place educators on improvement plans, if needed. Additionally, this bill extends the pilot for the Delaware Teacher Growth and Support System, created under House Bill 133 of the 151st General Assembly, to the 2022-2023 school year, moving the start date for statewide implementation to the 2023-2024 school year. This bill also reconciles inconsistencies that have arisen with educators’ hearing rights as outlined in Chapter 14 of Title 14 due to the suspension of the state assessment in 2019-2020 school year and low participation in the 2020-2021 school year. Additionally, this bill aligns Chapter 14 with the new educator evaluation system, the Delaware Teacher Growth and Support System, by placing the emphasis on building a culture of professionalism and learning within every school, which is measured in a summative evaluation, rather than one component of an evaluation. This substitute bill is substantively the same as House Bill No. 291. Some technical corrections were made to accommodate language in 14 Del. C. § 1270(g) that was scheduled to sunset in 2022.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR EVALUATIONS AND PROCEDURES FOR THE TERMINATION OF SERVICES OF PROFESSIONAL EMPLOYEES.
HCR 49PassedLambertThis resolution recognizes the week of February 21st as Delaware Saves Week.RECOGNIZING DELAWARE SAVES WEEK 2022.
HCR 51PassedMinor-BrownThis concurrent resolution designates January 23-29, 2022 as Certified Registered Nurse Anesthetists' (CRNA) Week in the State of Delaware.DESIGNATING JANUARY 23-29, 2022 AS CERTIFIED REGISTERED NURSE ANESTHETISTS' WEEK IN THE STATE OF DELAWARE.
SA 2 to SB 211PassedMantzavinosThis amendment adds definitions for terms used in Senate Bill 211 that are being added to Section 711, Title 19 of the Delaware Code. The amendment also makes explicit the standard for an employer to establish that age constitutes a bona fide occupational qualification or need.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 198 w/ SA 1, SA 2SignedPooreSB 187 passed by the 150th General Assembly moved the Office of Child Care Licensing (“OCCL”) from the Department of Services for Children, Youth and Their Families (“DSCYF”) to the Department of Education (“DOE”). This Act cleans up references in the Code that still refer to the OCCL and its responsibilities as part of DSCYF and changes the references to reflect its status and responsibilities as part of DOE. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 10, 11, 13, 14, 16, 29, AND 31 OF THE DELAWARE CODE RELATING TO THE OFFICE OF CHILD CARE LICENSING.
SB 204SignedGayThis 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 1SignedTownsendSection 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.
HB 290 w/ HA 1, HA 2 + SA 1, SA 3SignedSchwartzkopfThis 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 68PassedRichardsonThis Concurrent Resolution recognizes January 16, 2022, as "Religious Freedom Day" in Delaware.RECOGNIZING JANUARY 16, 2022 AS "RELIGIOUS FREEDOM DAY" IN DELAWARE.
SCR 69PassedGayThis Concurrent Resolution urges the Secretary of the Navy to designate Philadelphia and both banks of the Delaware River as the site of the main celebration of the 250th birthdays of the United States Navy and United States Marine Corps in October and November 2025.URGING THE SECRETARY OF THE NAVY TO DESIGNATE PHILADELPHIA AND BOTH BANKS OF THE DELAWARE RIVER AS THE SITE OF THE MAIN CELEBRATION OF THE 250TH BIRTHDAYS OF THE UNITED STATES NAVY AND THE UNITED STATES MARINE CORPS IN OCTOBER AND NOVEMBER 2025.
SB 214SignedGayThis Act extends the effective date of Chapter 249, Volume 83 of the Laws of Delaware (Senate Bill No. 169 of the 151st General Assembly) from January 1, 2023 to July 1, 2024.AN ACT TO AMEND CHAPTER 249, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO THE DELAWARE CHILD CARE ACT.
SB 215SignedSokolaThis Act extends the deadline for the Department of Elections to designate all election districts from “before March 1” to “before April 1,” but only for the 2022 election year. The delay in the delivery of the 2020 U.S. Census data to the States has necessitated this change for the 2022 election year. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
HA 1 to HS 1 for HB 96PassedK. WilliamsSenate Substitute No. 1 for Senate Bill No. 93 was enacted on August 4, 2021, revising the Delaware Code sections in House Substitute No. 1 for House Bill No. 96. This Amendment revises HS 1 for HB 96 to conform to the current version of the Delaware Code by redesignating sections and using newly created defined terminology. This Amendment also makes technical corrections to conform existing law, including provisions enacted by SS 1 for SB 93, to the standards of the Delaware Legislative Drafting Manual. 
SCR 70PassedS. McBrideThis concurrent resolution proclaims February 7-14, 2022, as Congenital Heart Defects Awareness Week in Delaware. PROCLAIMING THE WEEK OF FEBRUARY 7-14, 2022, AS CONGENITAL HEART DEFECTS AWARENESS WEEK IN THE STATE OF DELAWARE.
SCR 71PassedMantzavinosThis Concurrent Resolution extends the reporting date of the Aging-in-Place Working Group from March 30, 2022, to April 29, 2022.EXTENDING THE REPORTING DATE OF THE AGING-IN-PLACE WORKING GROUP.
SCR 72PassedGayThis Senate Concurrent Resolution designates March 4, 2022 as "Delaware Giving Day."RECOGNIZING MARCH 4, 2022 AS "DELAWARE GIVING DAY."
HA 1 to HB 255PassedK. JohnsonThis amendment gives the Superior Court exclusive jurisdictions over violations § 1309 of Title 11. 

Senate Committee Assignments

Banking, Business & Insurance
Health & Social Services

House Committee Assignments

Capital Infrastructure
Public Safety & Homeland Security

Senate Committee Report

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

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

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