| HB 148 | Committee | Yearick | Currently 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 238 | Committee | Kowalko | This 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 2 | Committee | Griffith | This 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 314 | Committee | Heffernan | This 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 331 | Committee | Bennett | Stands 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 262 | Passed | Griffith | This 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 99 | Passed | Lopez | This 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 262 | Passed | Griffith | This 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. | |
