Daily Report for 5/4/2022

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 271SignedHeffernanThe Department of Services for Children, Youth and Their Families (DSCYF) is charged with providing transitional and independent living services for youth ages 14 to 21. The Division of Family Services (DFS) contracts for case management services for youth ages 16 to 21, with services designed to promote self-sufficiency and responsible living for young adults who are aging out of foster care. Participants receive life skills training and personal development, mentoring, tuition assistance, and support with transitional housing. Participants may also qualify to receive needs-based stipends through ASSIST (Achieving Self Sufficiency & Independence through Supported Transition) to help with living expenses. DFS recently changed the name of the Independent Living Program to the “Transitional and Independent Living Program” to better reflect the comprehensive nature of services offered to youth. This bill updates references to the program to include “transitional” and independent living services. During the COVID-19 pandemic, the federal government provided additional funding to support young adults who were eligible for independent living services until age 27. The intent was to provide additional support for youth and mitigate the impact of the pandemic on their housing and employment status. DFS exercised this additional funding authority via a mandatory directive from the DFS Director. While the mandatory directive provision expanding services expired in October 2021, DFS decided it would continue providing independent living services for youth until age 23 because of the success observed on behalf of youth. This mandatory directive provision will expire in September 2022, and this bill will grant DFS the statutory authority to continue providing transitional and independent living services for youth until age 23. Expanding independent and transitional living services from age 21 to age 23 better aligns with case management requirements of housing assistance programs, will support youth with transitioning from post-secondary education programs into the workforce, and will help maintain a longer connection to youth required to complete federal reporting for DFS. AN ACT TO AMEND TITLES 13 AND 29 OF THE DELAWARE CODE RELATING TO INDEPENDENT LIVING SERVICES FOR YOUNG ADULTS AGING OUT OF FOSTER CARE.
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.
SB 210SignedParadeeThis Act responds to the promulgation of final federal regulations, 85 FR 74010, for state-sponsored savings programs under section 529A of the Internal Revenue Code, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (“ABLE”), through which contributions may be made to the account of an eligible individual with a disability to meet qualified disability expenses. The federal regulations, among other things, resolve questions related to who may establish and exercise signature authority over an ABLE account. The final regulations clarify that an eligible individual with legal capacity may delegate signature authority to any other person and provide a hierarchy of persons who may establish or exercise signature authority over an ABLE account for an individual without legal capacity. The final regulations also clarify that expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses. The Act makes changes to Chapter 96A of Title 16 of the Delaware Code for the sole purpose of conforming the Code to these aspects of the final regulations.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM.
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.
HB 296SignedMitchellAll three counties in Delaware have been plagued with thefts of catalytic converters, which contain precious metals having significant monetary value in the scrap metal industry. This Act adds catalytic converters to the list of items for which scrap metal processors shall create a record and provide information when acquired. Amending Section 24(b)(1) to specifically include catalytic converters as items that the industries regulated by Chapter 23 must report will enhance enforcement of this Chapter and assist law enforcement by providing a mechanism to follow-up on thefts of converters and to obtain solvability factors in the ever-growing trend associated with thefts of converters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO SCRAP METAL PROCESSORS.
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 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.
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.
HB 320SignedHeffernanIn 2000, the United States Federal Drug Administration ("FDA") first approved the Risk Evaluation and Mitigation Strategy ("REMS") for Mifeprex; and approved the generic version of Mifeprex, Mifepristone, in 2019. A regimen approved by the FDA in 2016 for Mifeprex and Mifepristone includes the use of Misoprostol. Under the REMS approved by the FDA, healthcare providers who wish to prescribe Mifepristone, Misoprostol, or Mifeprex must complete a Prescriber Agreement before ordering and dispensing the medication. Physicians assistants and advanced practiced registered nurses (APRNs) are healthcare providers who are eligible to prescribe these medications under the REMS. This bill allows physician assistants and advanced practice registered nurses to prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.AN ACT TO AMEND TITLE 24 RELATING TO PRESCRIBING MEDICATIONS FOR THE TERMINATION OF PREGNANCY.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 99PassedLopezThis concurrent resolution designates the month of May 2022 as "Lyme Disease Awareness Month" in the State of Delaware.DESIGNATING THE MONTH OF MAY 2022 AS "LYME DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
HR 21PassedBriggs KingThis resolution recognizes April 24 through April 30, 2022 as "National Medical Laboratory Professionals week".A RESOLUTION RECOGNIZING THE WEEK OF APRIL 24, 2022 THROUGH APRIL 30, 2022 AS NATIONAL MEDICAL LABORATORY PROFESSIONALS WEEK.
HCR 78PassedYearickThis concurrent resolution proclaims the week of May 15-21, 2022 as Delaware Grown Week. It has been eight years since the General Assembly first partnered with the Delaware Department of Agriculture to establish this annual observation to facilitate better, healthier relationships between Delaware farmers and local consumers. Successful passage of this resolution will continue this worthy collaboration. PROCLAIMING THE WEEK OF MAY 15 THROUGH MAY 21, 2022 AS DELAWARE GROWN WEEK.
SB 202CommitteeSturgeonThis act prohibits the inclusion of confidentiality provisions in settlement agreements resolving certain civil claims, including claims related to workplace harassment and discrimination, retaliation for reporting workplace harassment and discrimination, sexual assault, sexual harassment, sexual discrimination, and sexual exploitation of a minor. The act permits provisions in such settlement agreements that shield the identity of the claimant.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF CONFIDENTIALITY PROVISIONS IN CERTAIN SETTLEMENT AGREEMENTS.
SB 281CommitteeGayThis Act clarifies various aspects of the State’s unclaimed property laws, specifically: (1) Section 1 specifically exempts property owed to non-Delaware government entities and payment or credit arising under the 2022 Delaware Relief Rebate Program, Chapter 290 of Volume 83 of the Laws of Delaware. (2) Section 2 clarifies and confirms current practice that a holder under examination or in the voluntary disclosure program shall retain records from ten years plus the dormancy period to present day until completion of the examination or voluntary disclosure agreement. (3) Section 3 clarifies and confirms current practice regarding the timing of the liquidation of securities and the mailing of written notice to owners to eliminate litigation risk for the State. Under current practice, the State Escheator liquidates securities and mails written notice to owners relatively contemporaneously in weekly batches. Practically, however, at times liquidation may precede the mailing of notice by several days. However, because a claimant’s recovery is determined by the date the claim is filed relative to the date of notice, the claimant’s recovery is not impacted by this change. Because owner addresses reported by holders are often incomplete or have obvious errors, this Section also allows, but does not require, the State Escheator to take reasonable steps to update, correct, or validate owner addresses to make delivery of the written notice more likely, and limits liability for the State Escheator for any such actions or lack of actions. (4) Section 4 clarifies and confirms current practice regarding the timing of the liquidation of securities and the mailing of written notice to owners. (5) Section 5 clarifies how to determine the value of claims for securities property by clarifying a date certain for the statutory 558-day period to begin when the date of notice cannot otherwise be determined or when notice is not required or sent. (6) Section 6 clarifies and confirms current practice that the time for a claimant appeal to the Tax Appeal Board, where the State Escheator has paid the claim, begins to run on the initial issuance of payment, and is not reset or tolled by the re-issuance of a check. This Section also expressly permits the State Escheator to pay claims on a pro rata basis for property received before August 1, 2022, or resulting from a bankruptcy proceeding, when the reported amount of property exceeds the remitted amount, and expressly prohibits holders from relying on this Section to engage in this practice prospectively. (7) Section 7 clarifies and confirms current practice that the time for a claimant appeal to the Tax Appeal Board, where the State Escheator has paid the claim, begins to run on the initial issuance of payment, and is not reset or tolled by the re-issuance of a check. (8) Section 8 makes changes to allow the State Escheator to issue a notice of examination to any holder who has failed to respond to requests made pursuant to a verified report or compliance review or to complete a verified report or compliance review. This Section also makes changes to clarify and confirm current practice that a “reason to believe” standard does not apply to inquiries under § 1170 of Title 12. (9) Section 9 allows the State Escheator to issue a notice of examination to any holder who has failed to respond to requests made pursuant to a verified report or compliance review or to complete a verified report or compliance review under § 1170 of Title 12. (10) Section 10 responds to feedback received from the professional finder industry and clarifies and confirms current practice that the State will not disclose the exact amount of claimable property until a claimant’s rightful ownership of the property has been established and permits finder agreements to reflect this fraud prevention measure. (11) Section 11 states that Sections 1, 8, 9, and 10 of this Act take effect on enactment. (12) Section 12 states that it is the intent of the General Assembly that Sections 2, 3, 4, 5, 6, and 7 of this Act apply retroactively to any claims, examinations, voluntary disclosure agreements, or litigation pending as of the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY.
HA 2 to HB 262PassedGriffithThis amendment deletes the definition of “record”. The amendment also clarifies that a business may voluntarily complete the registration form for purposes of being included in the searchable website. The Amendment also exempts contracts that provide that the licensed brokered personal information is to be used exclusively to prevent security incidents, identity theft, fraud, or criminal conduct. The Amendment also makes the effective date of the Act 1 year after enactment. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 321PassedBushThis bill expands the Commissioner’s authority to deny policy form filings that encourage misrepresentation, contain any unjust, unfair or inequitable provisions, or where the benefits provided are unreasonable in relation to the premium charged, to other lines of insurance not limited to life and health policies. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO DISAPPROVAL OF INSURANCE POLICY FORMS.
HB 323PassedBushThis bill requires that the Commissioner’s retention of any outside attorneys, actuaries, accountants, and other experts in the review of any application for merger or consolidation of a domestic insurer be at the expense of the party applying for such merger or consolidation. This bill aligns the payment of the Commissioner’s expenses for mergers and consolidations with other acquisitions under Chapter 50 of Title 18 of the Delaware Code. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MERGERS OR CONSOLIDATION OF INSURERS.
HB 322PassedBushThis bill removes the requirement that the Director of the Office of Management and Budget approve Title 18-related refunds of overpayments.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROCESSING OF REFUNDS OF OVERPAYMENTS.
HCR 75PassedVanderwendeThis Concurrent Resolution designates May 4, 2022 as "4-H Day" in the State of Delaware and calls upon Delaware's citizens to recognize the many contributions of the State's 4-H programs.DESIGNATING MAY 4, 2022 AS "4-H DAY" IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SCR 86PassedWilsonThis resolution designates April 6, 2022 as "National Tartan Day" and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware's first governor, John McKinly, was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant and influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41, which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish-American cultural organizations. COMMEMORATING THE OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS MADE BY SCOTTISH-AMERICANS TO THE UNITED STATES BY PROCLAIMING APRIL 6, 2022 AS NATIONAL TARTAN DAY.
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.
SCR 96PassedPettyjohnThis Senate Concurrent Resolution recognizes April 18, 2022 as "National Line Worker Appreciation Day" in the State of Delaware.RECOGNIZING APRIL 18, 2022 AS "NATIONAL LINE WORKER APPRECIATION DAY" IN THE STATE OF DELAWARE.
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.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Judiciary

House Committee Assignments

Committee
Health & Human Development
Housing & Community Affairs
Sunset Committee (Policy Analysis & Government Accountability)
Transportation/Land Use and Infrastructure

Senate Committee Report

Committee
Banking, Business & Insurance
Executive
Housing
Judiciary
Legislative Oversight & Sunset

House Committee Report

Committee
Agriculture
Education
Health & Human Development
Housing & Community Affairs
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Winston, Patricia A.ConfirmedJudge of the Superior Court of the State of Delaware for New Castle CountyNew