Daily Report for 5/5/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 100PassedLopezThis resolution proclaims May 2022 "Cystic Fibrosis Awareness Month" in the State of Delaware. PROCLAIMING MAY 2022 "CYSTIC FIBROSIS AWARENESS MONTH" IN THE STATE OF DELAWARE.
HB 403CommitteeBoldenThe Delaware Institute of Veterinary Medicine financially supports Delaware residents who attend veterinary medical schools out of state since Delaware does not have an in-state veterinary medical school. There is currently no requirement that the recipients of financial assistance in this program practice veterinary medicine in Delaware and Delaware is facing a shortage of licensed veterinarians. This Act requires recipients of this financial assistance upon graduation to practice veterinary medicine in Delaware for a minimum of 2 years.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE OF VETERINARY MEDICAL EDUCATION.
HR 22PassedBushThis House Resolution recognizes Sunday, May 8, 2022 as a very special day for all mothers in the State of Delaware and calls on all Delawareans to reflect on the many selfless acts of their own mothers.RESPECTING AND HONORING ALL DELAWARE MOTHERS ON MAY 8, 2022, MOTHER'S DAY.
HA 1 to HB 367PassedBennettThis Amendment makes a technical correction. 
SCR 102PassedBrownThis Senate Concurrent Resolution recognizes May 2022 as "Older Americans Month" in the State of Delaware. RECOGNIZING MAY 2022 AS "OLDER AMERICANS MONTH" IN THE STATE OF DELAWARE.
SB 13CommitteePinkneyThis Act creates a “Ban the Box” policy for postsecondary institutions in the state. “Ban the Box” or “Beyond the Box” policies refer to the removal of questions about one’s criminal conviction history on a college or job application. Research shows that questions about criminal conviction history deter individuals from applying to an institution and increase the likelihood of rejection, with a disproportionate effect on people of color. This Act promotes diversity by prohibiting academic institutions from inquiring into an applicant’s criminal conviction history, with limited exceptions for inquiries into certain types of offenses such as stalking and sexual assault. If the institution elects to deny an applicant because of a conviction for such an offense, it must disclose that fact to the applicant. After an applicant has been admitted, an institution may inquire into the applicant’s criminal conviction history for the limited purposes of offering counseling and making decisions concerning the applicant’s participation in campus life. In addition, the Act requires the Department of Education to compile and complete an annual report on admissions from each academic institution, including the race and gender of the applicants and of the accepted students. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SB 285CommitteeEnnisThis Act allows licensed distributors to apply for a shippers license to provide direct shipments of wine, beer, and spirits to consumers. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE DISTRIBUTION OF ALCOHOL.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
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.
SB 100 w/ SA 1PassedTownsendThis Act establishes a Public Education Compensation Committee for the purpose of reviewing Delaware's educator compensation structure and its ability to compete with regional school districts, Delaware's private business sector, and other governmental agencies and to develop recommendations to establish a new compensation structure for educators in Delaware. The Committee will consist of 13 members, including the Secretary of the Department of Education, the Controller General, the Director of the Office of Management and Budget, the Executive Director of the Delaware State Education Association, the Executive Director of the Delaware Association of School Administrators, an educator, two school financial officers, one school superintendent, a charter school administrator, a representative of the Office of the Governor, and the Chairs of the House and Senate Education Committees. The Act requires the Committee to present its recommendations to the Governor no later than November 15, 2023, so that the recommendations may be included in the Governor's recommended budget for fiscal year 2025.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC EDUCATION COMPENSATION COMMITTEE.
HCR 77PassedLonghurstThis Concurrent Resolution recognizes the month of May 2022 as Mental Health Awareness Month.RECOGNIZING THE MONTH OF MAY 2022 AS MENTAL HEALTH AWARENESS MONTH.
SA 1 to SB 100PassedPettyjohnThis amendment adds one minority member of the Senate and one minority member of the House of Representatives to the Public Education Compensation Committee. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 148CommitteeYearickCurrently if a municipality or other governmental unit employs a police officer who has within 2 years completed mandatory training while in the employ of another municipality or governmental unit, the new employer reimburses the prior employer. This act changes the reimbursement if the change of employment occurs within 4 years, and changes the yearly rate of reimbursement to reflect the new time period to $40,000 for one year, $30,000 for two years, $20,000 for three, and $10,000 for four years .AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE POLICE TRAINING PROGRAM.
HB 238CommitteeKowalkoThis Act repeals the ability of a charter school to give preference in student admissions to students residing within a 5-mile radius of the school. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PREFERENCES IN STUDENT ADMISSIONS TO CHARTER SCHOOLS.
HB 262 w/ HA 1, HA 2CommitteeGriffithThis Act seeks to provide consumers with critical information about how their personal information is being used by data brokers. This Act requires data brokers to register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. A fee schedule is established based on the size of the data broker that would fund the enforcement of the statute. Entities or individuals who collect personal information but do not sell or license that personal data are not required to register. Registration only applies to data brokers who sell or license information. The Act prohibits acquiring or providing brokered personal information where it will be used for certain unlawful purposes, or where it was obtained through fraudulent means. The Act requires data brokers to protect brokered personal information.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO DATA BROKERS AND CONSUMER PROTECTION.
HB 314CommitteeHeffernanThis bill clarifies House Bill 307 from 2018 by making it clear that a 6-month or 12-month mandatory commitment to Level 5 incarceration or institutional confinement for a juvenile only applies to adjudications of delinquency for the charge of Robbery First Degree or Possession of a Firearm during the Commission of a Felony if the offense was committed after the child’s 16th birthday.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MANDATORY SENTENCES FOR JUVENILES.
HB 331CommitteeBennettStands operated by children that serve or sell lemonade or other beverages on a temporary, occasional basis are a summertime tradition for many children. This Act exempts a stand operated by a child from State, county, and municipal regulations and licensing fees that might otherwise apply. Specifically, this Act defines a “stand operated by a child” as one that operates on a temporary, occasional basis, serves or sells lemonade or other beverages to others, and is located on private property with the permission of the private property owner. In Sections 2, 3, 4, and 6, this Act exempts a stand operated by a child from State regulations on food establishments and soft drinks and other beverages, requirements related to child labor laws, and retail license requirements. Additionally, Sections 1 and 5 of this Act broadly prohibit a county or municipality from enacting a law, ordinance, or regulation that prohibits, regulates, requires a license or permit for, or imposes a fee, charge, or surcharge on, a stand operated by a child. Finally, this Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality's charter, or, as in this Act, indirectly, by a general law.AN ACT TO AMEND THE DELAWARE CODE RELATING TO STANDS OPERATED BY A CHILD.
HA 1 to HB 262PassedGriffithThis amendment makes the following changes to the Act following meetings and discussions with stakeholders and consideration of the Act in committee: The amendment clarifies the definitions of "brokered personal information" and “business”. The amendment changes the term "data broker" to "data market participant" throughout the Act.The amendment excludes from the definition of “data market participant” any entity to the extent that it is a financial institution or an affiliate of a financial institution subject to the federal Gramm Leach Bliley Act. The amendment relocates the definitions of "data collector" and "third-party data broker" within the Act. The amendment adds definitions for the terms "Consumer Protection Unit", "publicly available information", “sell”, and "third-party service provider" used in the Act. The amendment limits the liability of data market participants, for certain conduct of third parties, to the data market participant’s actual knowledge. The amendment clarifies that the Consumer Protection Unit of the Department of Justice has enforcement authority over all violations of subsections (a), (b), and (c) of Section 12D-102. The amendment clarifies that a business which does not sell or license brokered personal information does not have to register under the Act. The amendment provides examples of federal and State laws or regulations governing the protection, security, or integrity of brokered personal information that may provide a safe harbor for a data market participant's written information security program. The amendment eliminates the private right of action for violations of Section 12D-104. The amendment changes the name of the fund to be established by the Act. The amendment also makes technical corrections to the Act and conforms the language to the Delaware Legislative Drafting Manual. 
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.
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. 

Senate Committee Assignments

Committee
Banking, Business & Insurance
Corrections & Public Safety
Education
Elections & Government Affairs
Executive
Health & Social Services
Judiciary
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

No Senate Committee Report

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

No Records