Daily Report for 4/13/2022

Governor's Actions

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SB 154SignedGayThis Act repeals the outdated requirement for the Department of Services for Children, Youth & Their Families (DSCYF) to seek approval before “mixing” youth who have been adjudicated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.
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.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 91PassedRichardsonThis Concurrent Resolution recognizes Christian Holy Week and Passover in the State of Delaware.RECOGNIZING CHRISTIAN HOLY WEEK AND PASSOVER IN THE STATE OF DELAWARE.
HB 379CommitteeDukesThis Act Amends Title 10 of the Delaware Code by allowing automatic Expungement for Juveniles who choose to participate in the Juvenile Offender Civil Citation Program after one year of successful completion of the program. This Program was offered as a viable alternative for Delaware Juveniles who did not wish to have a criminal misdemeanor on their record, especially in a time when these Juveniles may be applying for higher education and employment. However, whereas certain lower-level criminal offenses offer an option for expungement, these Civil Citations do not, and can still be seen on the Juveniles’ records. This Act also obligates the Civil Citation Coordinator to notify any courts or law-enforcement agencies who possess records pertaining to the case to have the records expunged. Such courts and agencies are to provide written notice to the Coordinator to confirm the expungement was completed.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE JUVENILE OFFENDER CIVIL CITATION PROGRAM AND EXPUNGEMENT OF A JUVENILE’S RECORD.
SCR 93PassedPooreThis concurrent resolution recognizes April 29, 2022, as "World Wish Day" in Delaware.RECOGNIZING APRIL 29, 2022, AS "WORLD WISH DAY" IN DELAWARE.
HA 2 to HB 355PassedLonghurstThis amendment requires that the by-laws contain a provision requiring that all contracts for sale, purchase, or lease of land be signed by the Executive Director and the Chair of the Board. 
SCR 94PassedLockmanThis Senate Concurrent Resolution endorses the Delaware Strategic Highway Safety Plan's overall objective of reducing fatalities and serious injuries by 15 percent between 2021 and 2025 to ultimately reach a goal of zero fatalities and serious injuries on Delaware’s roadways and directs the Department of Transportation, Delaware State Police and Office of Highway Safety to adjust their programs if necessary to meet that goal.ENDORSING THE DELAWARE STRATEGIC HIGHWAY SAFETY PLAN OBJECTIVE OF REDUCING FATALITIES AND SERIOUS INJURIES ON DELAWARE'S ROADWAYS.
SB 263CommitteeSokolaThis act would establish a cultural resources professional incentive program for the purpose of enabling and encouraging academically talented Delawareans to pursue careers as cultural resource professionals. It would also provide incentives for persons already serving in positions with cultural resource agencies, such as the Delaware Division of Historical and Cultural Affairs or with organizations that are institutional members of the Delaware Museum Association, among others, to further their professional education. This program would strengthen Delaware’s ability to both recruit and retain a more diverse workforce and would help the state meet federal credentialing requirements for federally-funded projects. The program would create a new “§ 3425” of Title 14, Subchapter III. It is modeled after the “Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Program” (Title 14, Section 3423 of the Delaware Code), enacted in 2011. The program would be named for the late Lewis M. “Skipper” Purnell, one of Delaware’s leading historical preservationists and husband of Mrs. Matilda “Til” Purnell, a great Delaware environmentalist in her own right.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CULTURAL RESOURCE INCENTIVE PROGRAM.
SCR 95PassedLockmanThis Senate Concurrent Resolution recognizes the month of April 2022, as the “National Fair Housing Month” in the State of Delaware. RECOGNIZING THE MONTH OF APRIL 2022, AS THE ANNUAL “NATIONAL FAIR HOUSING MONTH” IN THE STATE OF DELAWARE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 270PassedK. WilliamsSince 1996, students across Delaware have participated in school choice. Currently, reorganized school districts do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. The Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Bill gives priority to siblings of students who live in the reorganized school district where the school is located and to siblings of students who do not live in the reorganized school district where the school is located. The Act also updates what constitutes "good cause" to include change of residence or child's participation in an inpatient or day treatment program.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DISTRICT ENROLLMENT CHOICE PROGRAM FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS.
HB 274SignedOsienskiThis Act repeals the requirement that individuals seeking to change their name publish notice of the petition for change of name in a newspaper published in the county in which the proceeding is had at least once a week for 3 weeks before the petition is filed. This provision does not exist in 20 other states, including our neighbors in New Jersey, Maryland, and Virginia, and serves to only add an additional financial barrier to those seeking to change their name.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CHANGE OF NAME.
HB 328 w/ HA 1SignedK. WilliamsThis Act makes several adjustments to the law prohibiting drag racing and other speed contests. Many individuals lawfully gather to share their enthusiasm for vehicles and may do so while abiding the rules of the road and without otherwise endangering persons or property. However, others have taken their enthusiasm into dangerous directions that often results in damage to property, injury, or death. For example, Kirkwood Highway has experienced an uptick in large crowds engaged in dangerous driving behavior and as the result of a drag racing event at the Christiana Mall Fashion Center, there was a vehicular fatality. Whether by drag racing, trick or stunt riding, conducting burnouts in intersections, doing donuts in parking lots, or taking over roadways to showboat, these dangers are further amplified by the crowd size that follows and the attempted notoriety sought through social media posts. The intent of the statute is to promote law-enforcement’s ability to enforce the statute, eliminate prior inadvertent loopholes in the current statute regarding geographic and vehicle type limitations, update the statute to reflect current dangerous driving trends and behavior, and ultimately serve as a deterrent for future unsafe behavior. The current statute incorporates potential penalties for the individual and their licensing status, but it does not address the actual vehicle, as the tool and mechanism that is central to the dangerous behavior. This Act enhances existing penalties and promotes public safety by restricting drivers charged with these dangerous driving behaviors access to their vehicles. • First, while a first offense remains an unclassified misdemeanor, a subsequent offense becomes a Class A Misdemeanor. The minimum applicable fines are substituted for mandatory community service instead. • Second, for the purpose of this statute, a subsequent offense is defined as one occurring within 5 years from a prior offense, rather than the default of 2 years set forth in 21 Del. C. § 713. • Third, the statute expands the list of prohibited conduct to better encompass existing dangerous driving behavior, like tire burnouts in intersections that are not part of races and the dangers to persons or property they pose. • Fourth, within the context of 21 Del. C. § 4101(a)(3), the statute more clearly defines the geographic enforceability of the statute on non-highway property, such as commercial parking lots, while still allowing commercial property or other owners to consent to the use of their property for these purposes. • Fifth, the statute expands the types of vehicles that the provision addresses, to include ATV’s and OHV, which are excepted from the 21 Del. C. § 101 definition of vehicles, but which are also used to engage in this behavior. Non street-legal vehicles are often used to participate in the dangerous driving behavior. • Sixth, recognizing that law-enforcement resources, crowd size, environmental factors, and other safety concerns do not always allow law-enforcement to prioritize on-scene engagement with single vehicles while the behavior in this statute is occurring, the Act expands law-enforcement’s ability to later investigate and arrest for violations of this statute. Under the current statute, violators, when contemplating commission of such offenses, might rely on the fact that law-enforcement safety and resource concerns might dictate that the violators cannot be apprehended on scene or that chasing them might be too dangerous to do. This Act expands the definition of “witnessed” by a law-enforcement officer, under 21 Del. C. § 701(a), to include after the fact review of video surveillance or any other video that captures the violation. • Seventh, the Act allows for the vehicles used, as the mechanism by which the dangerous behavior is conducted, to be impounded, de-registered, otherwise immobilized, or even eligible for forfeiture proceedings under certain conditions. As the same time, the Act does not prohibit an innocent owner from applying for return of the vehicle from the Court, under certain conditions, if their vehicle is used in a violation of this statute.AN ACT TO AMEND TITLE 21 AND TITLE 11 OF THE DELAWARE CODE RELATING TO DRAG RACING AND OTHER DANGEROUS OPERATIONS OF MOTORIZED VEHICLES.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Agriculture
Banking, Business & Insurance
Education
Finance

House Committee Assignments

Committee
Education
Housing & Community Affairs
Judiciary
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Education
Elections & Government Affairs
Executive
Health & Social Services
Judiciary

House Committee Report

Committee
Administration
Appropriations
Health & Human Development
Public Safety & Homeland Security
Revenue & Finance

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
DiMondi, WilliamConfirmedTrustee of the University of Delaware Board of TrusteesReappointment
Kelly, TerriConfirmedTrustee of the University of Delaware Board of TrusteesReappointment
Murphy, Terence ConfirmedTrustee of the University of Delaware Board of TrusteesReappointment
Neal, IvanConfirmedDelaware Interscholastic Athletic AssociationNew
Porretti, ClaudiaConfirmedTrustee of the University of Delaware Board of TrusteesReappointment
Simpler, KennethConfirmedBoard of Pension TrusteesNew