Daily Report for 3/15/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 73PassedHansenThis Senate Concurrent Resolution requests that the Department of Health & Social Services explore strategies for Medicaid to provide coverage for Prescription Digital Therapeutics authorized by the U.S. Food and Drug Administration to treat substance use disorder and opioid use disorder. REQUESTING THAT THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES STUDY HOW MEDICAID CAN PROVIDE COVERAGE FOR PRESCRIPTION DIGITAL THERAPEUTICS.
HR 19PassedLonghurstThis Resolution extends the final report deadline for the Behavioral Health Crisis Care Task Force. EXTENDING THE REPORTING DATE OF THE BEHAVIORAL HEALTH CRISIS CARE TASK FORCE.
HB 349CommitteeLambertThis Act allows a landlord to offer the tenant an option to pay a recurring fee in lieu of a security deposit. This option enables tenants who cannot afford a security deposit to find a rental. This Act requires landlords choosing to provide the option to one tenant to provide the option to all new tenants. This Act also establishes requirements for the landlord offering a tenant the option to pay a fee in lieu of a security deposit including the requirement to notify the tenant of their option to terminate the agreement to pay the recurring fee at any time and to pay a security deposit instead. This Act makes it clear that electing to pay the recurring fee does not eliminate, release, or limit the tenant’s liability for damages under the lease. The recurring fee must be of equivalent amount and payable at the time each rent payment is due. This Act also clarifies the rights and responsibilities of a third-party who compensates a landlord for damages or unpaid indebtedness pursuant to the lease.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT OBLIGATIONS AND LANDLORD REMEDIES.
HB 351CommitteeMorrisonThis Act requires candidates for either House of the General Assembly to obtain a criminal history background check to ensure that they have not been convicted of or plead guilty to any crime that, per the Delaware state constitution, disqualifies them from holding said office. The results of the background check are provided to the Commissioner of the Department of Elections who has the duty to review the results and ensure that individuals are qualified under § 21, Article II of the Delaware Constitution before the individual may be considered a candidate for election to either House of the General Assembly. The Act makes any and all information revealed by the background check obtained by the Commissioner of Elections confidential and not a public record. The cost of the criminal history background check is the responsibility of the candidate and may be paid from campaign funds.AN ACT TO AMEND TITLES 11 AND 15 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR CANDIDATES FOR THE GENERAL ASSEMBLY.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 189PassedEnnisThis bill increases the amount of the tax credit for active members of volunteer fire, ambulance and rescue service companies and their auxiliaries from $500 to $1,000. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.
SB 216PassedEnnisThis Act allows the Delaware Standardbred Breeder’s Fund Board to promulgate rules and regulations necessary or appropriate to implement or clarify the statutes related to the Standardbred Breeder’s Fund Program. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE STANDARDBRED BREEDER’S PROGRAM FUND.
SB 218 w/ SA 1SignedLopezThis Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy. At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIVING DONOR PROTECTION ACT.
SS 1 for SB 188Out of CommitteeMantzavinosThis Act increases the $2,000 pension exclusion otherwise available for military pensioners under age 60 to $12,500, providing an incentive for military retirees under age 60 to locate in Delaware. This Act is effective for tax years beginning on or after January 1, 2022.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO EXCLUSION OF MILITARY PENSIONS FROM TAXABLE INCOME.
SB 229SignedMantzavinosThis bill requires applicants for a Delaware resident producer license to either be a Delaware resident or to work for an entity that has a physical location in Delaware out of which the business of insurance is conducted. This bill prohibits the practice of out-of-state applicants using Delaware registered agents or postal boxes to establish residency in Delaware. These changes will help to reduce or eliminate the improper marketing of insurance plans by bad actors that seek to avoid regulatory oversight through these licensing practices.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RESIDENT INSURANCE PRODUCER LICENSURE REQUIREMENTS.
SB 230SignedPooreThis Act removes the exemption in § 543(d)(4) of Title 4 (reduced distance requirements based on population growth) to the prohibition against granting a license for the sale of alcoholic liquor if there is an existing licensed establishment of similar type within either of the following: (1) A ½ mile by accessible public road or street in any incorporated city or town. (2) Within 3 miles by accessible public road or street in any unincorporated or rural area. This Act permits the Commissioner to grant a new license if all of the following apply: (1) The licensee desires to move the location of the license due to the destruction of the building, loss of lease, diversion of highway traffic pattern, or similar reason beyond the control of the licensee. (2) The application meets the requirements of § 543(d) of Title 4 of the Delaware Code and the other requirements of Title 4. (3) The new license does not result in the licensee moving the location more than 500 feet in an incorporated city or town or a ½ mile in an unincorporated or rural area.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SB 238 w/ SA 1SignedPooreThis Act amends the Delaware City Charter to provide that the Mayor and Council may impose a 3% tax on gross rental income for any lot operating a park for recreational vehicles, load or truck campers, camping trailers, travel trailers, trailers, or motorhomes, located within the boundaries of the city. The Act further amends the Delaware City Charter to provide that the Mayor and Council may impose a tax, of no more than 3%, on rents or lease payments from apartments and other leased premises that are not subject to City property taxes and that are located within the boundaries of the city. AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY RELATING TO REVENUE.
SA 1 to SB 218PassedLopezThis Amendment permits insurers to consider an individual’s organ donation as part of their medical history in the underwriting process, without it being the sole basis for determining underwriting eligibility.  
SA 1 to SB 238PassedPooreThis Amendment clarifies that the Mayor and Council may impose a 3% tax on gross rental income for any lot on which there is a recreational facility for recreational vehicles, load or truck campers, camping trailers, travel trailers, trailers, motorhomes, tent sites, or cottage-type structures, located within the boundaries of the city. 
SA 1 to SB 189StrickenEnnisThis Amendment clarifies that the $1,000 nonrefundable tax credit for active members of the Delaware volunteer fire, ambulance, or rescue service for companies or its auxiliaries will take effect for the tax years beginning on or after January 1, 2023.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 126SignedWilsonThis Act prescribes specific fines for violating § 4134 of Title 21. Previously, a violation of § 4134 would have been subject to the penalties outlined in § 4205 of Title 21. The amount of the penalties in § 4205 are as follows: for a first offense, a fine of not less than $25 nor more than $75. For each subsequent like offense, a fine of not less than $57.50 nor more than $95. Section 4205 is a general penalty provision that establishes penalties for violations of Chapter 41 of Title 21 or Chapter 42 of Title 21 in the event that the penalties are not otherwise prescribed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.
SB 154SignedGayThis Act repeals the outdated requirement for the Department of Services for Children, Youth & Their Families (DSCYF) to seek approval before “mixing” youth who have been adjudicated delinquent with youth who do not have a delinquency history in the same facility. The mixing statute was codified in 1987, and since then, DSCYF has developed rigorous safety protocols and uses evidence-based assessments to determine appropriate placements for children in the care of the department. The current practices of DSCYF have eliminated the need for mixing approval, which in some cases require DSCYF to seek a court order. In addition, the Family Court conducts regular review hearings for youth in DSCYF custody, allowing opportunities for the department, the child’s attorney, the child (if age appropriate), and the judicial officer to monitor many factors relating to the child’s placement, including safety. This Act retains the prohibition on dependent or neglected children being placed in a detention facility unless charged with or found to have committed a delinquent act.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROCEDURE IN THE FAMILY COURT IN THE STATE OF DELAWARE.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Judiciary

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Housing & Community Affairs
Public Safety & Homeland Security

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Administration

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records