Daily Report for 5/3/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 332PWBGrayThis amendment removes the retroactive and credit provisions of the bill and adds an effective date of June 1, 2023 to allow the Department of Labor time to change its programming. 
SCR 97PassedWilsonThis resolution recognizes May 2 to May 7, 2022 as "Auctioneers Week" in the State of Delaware. RECOGNIZING MAY 2 TO MAY 7, 2022 AS "AUCTIONEERS WEEK" IN THE STATE OF DELAWARE.
SB 279CommitteeRichardsonThis Act creates the Delaware Education Right to Know Act to give parents, guardians, and other education stakeholders more information and opportunities to evaluate public and charter school education in Delaware and to express concerns to school officials.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE ESTABLISHING THE DELAWARE EDUCATION RIGHT TO KNOW ACT.
SS 1 for SB 11CommitteeTownsendThis Act is the first leg of a constitutional amendment that will modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to define either certain offenses for which, or circumstances under which, pretrial release on bail may not be available. The current provision allowing that only “capital offenses” are not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, other crimes that the Framers intended to include as those for which bail might be restricted no longer are. Today, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. This Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety and minimize pretrial detention for those less serious crimes for which it is not required. Upon enactment of the second leg of this constitutional amendment, § 12 of Article I of the Delaware Constitution as proposed will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive and presumption of the accusation great, and other identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof for the need of detention is clear and convincing. (3) Ensure that one condition precedent to bail being withheld in non-capital cases is a finding that no bail condition or combination of bail conditions other than detention will assure the safety of any person or the community, that the person will appear for future proceedings, or that the detention is necessary to prevent the person from obstructing or attempting to obstruct justice. This constitutional amendment, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code and the General Assembly and courts “prescribe by law” the specific felonies, circumstances, and procedures under which detention without bail may occur. With this change, though, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this change does so by adopting the standards favorably recommended by authoritative sources including the National Conference of State Legislatures, the National Conference of Commissioners on Uniform State Laws, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. Any legislation subsequently enacted or court procedures adopted under the passage of the second leg of this constitutional amendment would have to require individualized, fact-governed decision-making by any court considering preventive detention to pass muster under the United States and Delaware State Constitutions. AN ACT PROPOSING AN AMENDMENT TO ARTICLE I, § 12 OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES.
HA 2 to HB 303PWBLonghurstThis amendment does the following: Clarifies that the well visit should include use of a “group of developmentally appropriate mental health screening tools.” Adds the President of the Delaware Health Care Association to the implementation advisory committee, as well as DHSS and the Insurance Commissioner as ex officio members. Clarifies that copays, network requirements, and other provisions of an insurance policy will apply to the mental health well visit as well. Changes the effective date from January 1, 2023 to January 1, 2024. Clarifies different ways a carrier may reimburse a provider for the annual behavioral health check by reference to equivalent values in a fee-for-service model. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 253PassedS. McBrideThis bill provides flexibility for nursing and assisted living facilities to make hiring decisions contingent on staff influenza vaccination status.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFLUENZA IMMUNIZATIONS.
SB 257CommitteeGayThis Act is an interstate compact called the Multistate Professional Counselor Licensure Compact, and it facilitates the interstate practice of licensed professional counseling. The Counseling Compact allows a counselor who is licensed in their home state and has not had any encumbrances on their license within the last 2 years to obtain the ability to practice counseling in other states participating in the Compact if the counselor satisfies the requirements, including completion of a criminal background check. A counselor must comply with the rules of any state in which they are practicing. Any state in which the counselor practices has the authority to remove the counselor's ability to practice in their state for a specific period of time, impose fines, and take other actions necessary to protect the health and safety of its citizens. If the counselor's home state license becomes encumbered, the counselor will lose the ability to practice interstate under the Compact until their home state license is no longer encumbered and at least 2 years have passed. Additionally, the Compact establishes protections, including data sharing requirements between participating states to enhance the exchange of licensure, investigative, and disciplinary information among participating states. The Compact establishes a commission to administer the Compact, and establishes that each participating state will have one delegate that serves on the Commission. The Compact also has a special provision to make it easier for active duty military personnel or their spouses who are counselors to practice counseling despite frequent moves. Counselors do not have to participate in the Compact to practice; counselors may choose to only apply for their state's license or to apply for licenses in other states without going through the Compact. The Counseling Compact must be enacted in 10 states to become effective. As of March 26, 2022, the Counseling Compact has been enacted in 6 states. The Compact is pending in 16 other states. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A MULTISTATE PROFESSIONAL COUNSELOR LICENSURE COMPACT.
SS 1 for SB 240CommitteeSturgeonThis Act prohibits landlords from renting a dwelling unit that the landlord knows has a current bed bug infestation. This Act also obligates landlords to notify prospective tenants if an adjacent unit or units are currently infested with or are being treated for bed bugs. In addition, the Act sets forth the steps a landlord must take upon receiving notice of an actual or suspected bed bug infestation, including acknowledging the complaint, inspecting or obtaining investigatory services from a pest management professional, obtaining remedial services from a pest management professional, notifying tenants of inspection, remediation, notifying tenants of the pest management professional's determination regarding the infestation, and maintaining a written record of all complaints and control measures provided for a period of 2 years. Further, the Act provides that if notice of an actual or suspected bed bug infestation is provided within 60 days after occupancy or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the landlord is responsible for the costs of investigating and remediating the infestation; if the notice is provided more than 60 days after occupancy and not within 30 days of discovery of a bed bug infestation in an adjoining unit, the landlord is responsible for investigating and remediating the infection, but the tenant shall share in the responsibility for the reasonable costs of the investigation and remediation. AN ACT TO AMEND TITLES 25 AND 31 OF THE DELAWARE CODE RELATING TO BED BUGS.
HCR 76PassedK. WilliamsThis resolution recognizes the week of May 1-7, 2022 as “Teacher Appreciation Week”.RECOGNIZING MAY 1-7, 2022 AS "TEACHER APPRECIATION WEEK".
HCR 80PassedK. WilliamsThis Concurrent Resolution commends the 2022 Delaware State Teacher of the Year, Jahsha Tabron, and all of the District Teachers of the Year.COMMENDING JAHSHA TABRON REPRESENTING THE BRANDYWINE SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S STATE TEACHER OF THE YEAR FOR 2022 AND COMMENDING EACH SCHOOL DISTRICT'S TEACHER OF THE YEAR.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 244 w/ HA 2CommitteeLynnRecognizing the negative impact of criminal justice imposed financial obligations on defendants has led to reforms across the country to reduce the financial burdens that disproportionally impact the poor. This type of debt and the collateral consequences of suspending a driver’s license negatively impacts the rehabilitation of those in the criminal justice system and pushes those without an ability to pay further into the system unnecessarily. This Act does all of the following: (1) Prohibits a court from imposing a fine, fee, cost, or assessment on children without the means to pay them. (2) Provides the courts with the discretion to waive, modify, or suspend any fine, fee, cost, or assessment. (3) Prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. (4) Prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines. (5) Requires the Judiciary and the Delaware Criminal Justice Information System to report on the sum collected from fines, fees, costs, assessments, and restitution and make a public report of these totals. (6) Eliminates the Public Defender fee and the Probation Supervision fee. The collections from these fees currently go to the General Fund. (7) Creates the Criminal Legal System Imposed Debt Study Group to review the impact that court imposed financial obligations have on defendants and victims and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. (8) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 10, TITLE 11, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FINES, FEES, COSTS, ASSESSMENTS, AND RESTITUTION.
SB 205PassedGay The Bill expands the availability of free feminine hygiene products at all public and charter schools. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.
HA 2 to HB 183PassedHensleyThis amendment makes technical corrections. 
HB 324CommitteeBushHouse Bill 214 enacted by the 148th General Assembly (80 Del. Laws c. 287) expanded the offense of Assault in the Second Degree to include the intentional assault of ambulance operators, rescue squad members, and nurses injured while performing work-related duties. As a result of increasing workplace violence directed against healthcare providers, this Act further defines Assault in the Second Degree to include other health care treatment providers and employees and hospital security personnel who are injured while performing their work-related duties. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.
HA 1 to HB 339PassedBushThis amendment clarifies that the 7-year period for the expiration of a lien runs from the date a convicted person sold, transferred, or lost their ownership interest in a property and not from the date of the criminal conviction. 
SCR 88PassedPooreThis resolution designates the week of May 1-8, 2022, as "Tardive Dyskinesia Awareness Week" in Delaware.DESIGNATING MAY 1 – 8, 2022, AS “TARDIVE DYSKINESIA AWARENESS WEEK” IN DELAWARE.
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.
SCR 98PassedLawsonThis concurrent resolution recognizes the month of May 2022 as "Healthy Vision Month" in the State of Delaware.RECOGNIZING THE MONTH OF MAY 2022 AS "HEALTHY VISION MONTH" IN THE STATE OF DELAWARE.
HA 2 to HB 244PassedLynnThis Amendment does all of the following: (1) Makes clear that a court may not charge a convenience fee for a payment made at a court designated payment kiosk or through an Internet-based court payment system. (2) Removes a court’s discretion to waive, suspend, or modify payment of a fine, fee, cost, or assessment. (3) Harmonizes this Act with existing authority to not renew a license of an individual who does not pay a fine owed to the voluntary assessment center for a motor vehicle offense handled by the voluntary assessment center. As a result, an individual who is convicted in a court of a motor vehicle offense that originated in a voluntary assessment center would likewise not be eligible for renewal of the individual’s license if the individual does not pay the fine, fee, cost, assessment, or restitution assessed by the court in full. (4) Makes the Senator and Representative charged with leading the Study Group co-chairs. (5) Changes the due dates for the Study Group's interim and final reports. (6) Updates, on line 1 and lines 43 through 52, current Delaware Code language contained in this Act to account for legislation enacted in the 1st Session of the 151st General Assembly and earlier this session. (7) Makes Section 5 of this Act effective immediately because Section 5 makes only technical changes and, therefore, delaying the effect is unnecessary.  
HA 2 to HB 339PassedBushThis Amendment is necessary to address a potential conflict identified between Section 5 of House Bill No. 244 (151st General Assembly) and Section 1 of this Act. These changes ensure that whether or not House Bill No. 244 passes both chambers and is enacted into law in 2022, the intent of Section 1 of this Act is not affected. 
HA 1 to HB 318PassedDorsey WalkerThis Amendment clarifies the difference in the deferral of the expiration of a license for a qualifying person who holds an initial license and the deferral of the expiration of a license for a qualifying person who holds a continuing or advanced license. This Amendment also applies the provisions for deferral of expiration of a license for a qualifying person to § 1216. Section 1216 provides for a license extension upon a showing by an educator of exigent circumstances and a license freeze for an educator who takes an extended leave of absence. By amending § 1216, the act will now apply to public school educators who are licensed in accordance with Chapter 12 of Title 14. 

Senate Committee Assignments

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

House Committee Assignments

Committee
Administration
Health & Human Development
Judiciary

Senate Committee Report

Committee
Agriculture

House Committee Report

Committee
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Judiciary
Sunset Committee (Policy Analysis & Government Accountability)

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 2 to HB 324DefeatedBaumbachThis amendment clarifies that the Assault 2nd Degree definition for those persons who are employed by a health care provider only includes those persons who provide direct services to patients.  

Nominations Enacted upon by the Senate

No Records