Daily Report for 5/17/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 425StrickenSchwartzkopfThis amendment fixes a drafting error as an epidemiologist is not a medical doctor. 
HA 3 to HB 355StrickenShupeThis amendment removes the co-chairs of the Capital Improvement Committee from the Corporation's board of directors to avoid the co-chairs from having a conflict of interest as directors of the Corporation when the Corporation comes before the Capital Improvement Committee seeking funds. 
HA 1 to HB 234PassedMinor-BrownThis Amendment revises the method by which the Department of Health and Social Services shall extend Medicaid postpartum coverage clarifying that it is extended to 12 months via the state plan amendment option created by the American Rescue Plan Act of 2021. This Amendment also strikes Section 2, which made the Act effective upon enactment with respect to continuation of comprehensive coverage for postpartum patients as determined through the Renewal of the Determination that a Public Health Emergency exists as a result of the continued consequences of the COVID-19 pandemic. 
HA 1 to HB 340PassedMinor-BrownThis amendment does all of the following: Renames the Child Death Review Commission the “Maternal and Child Death Review Commission.” Adds the Director of the Division of Medicaid and Medical Assitance and the Director of DSAMH to the Commission and removes the Secretary of DHSS, the Chair of the Child Protection Accountability Commission, and the Chief Judge of the Family Court from the Commission membership. Replaces the requirement for a member from the “National Association of Social Workers” with a member who is a “licensed mental health professional.” Removes the addition to the Commission under the original bill of a doula member, requires a maternal advocate member from a statewide non-profit rather than one from a “community organization that focuses on women’s health, teen pregnancy, or public health,” and changes the current statutory language that requires two child advocates from statewide organization to one such advocate member. Revises the requirement for an annual meeting with the Delaware Perinatal Quality Collaborative. Requires public posting and acceptance of comment on the Commission’s findings and recommendations, rather than its draft findings and recommendations. Requires 1 statewide meeting to accept comment on findings and recommendations rather than 1 per county. Specifies that the Commission is a public health authority and a health oversight agency Makes technical corrections. 
HA 4 to HB 355DefeatedShupeThis amendment removes the co-chairs of the Capital Improvement Committee from the Corporation's board of directors to avoid the co-chairs from having a conflict of interest as directors of the Corporation when the Corporation comes before the Capital Improvement Committee seeking funds. 
HA 1 to HB 399PassedBennettThis amendment changes the list of conditions for which a pharmacist may order, test, screen and treat. For example, HIV has been removed from the list of conditions. This amendment also makes minor changes to the authority House Bill No. 399 provides to pharmacists to order and perform tests authorized by the FDA and CLIA-waived. 
SA 1 to SB 290PassedPooreThis Amendment makes minor changes to clarify that "adult sexual misconduct," as defined in the bill, applies to certain activity, regardless of setting, and is not limited to the school setting. In addition, the Amendment clarifies that training and education for school administrators, school nurses, and school counselors must address obligations under district and charter school policies. 
SA 1 to SB 150PWBPinkneyThis Amendment does all of the following: 1. Expands the definition of "abuse" to include an act or failure to act that was with gross or wanton negligence or not in good faith. 2. Prohibits an individual from serving as the Corrections Ombudsperson until 5 years after the last day of the individual’s employment in the Defensive Litigation Unit of the Department of Justice or other position defending the Department of Correction or its employees in civil litigation. 3. Reorganizes § 2565(k) of Title 29 by deleting the sentence that repeats subsection (i) of § 2565 and moving to subsection (i) the requirement that the Ombudsperson notify the complainant, and the inmate if the inmate is not the complainant, of the actions taken by the Department in response to the Ombudsperson’s recommendations. 4. Clarifies that a person notified by the Ombudsperson of forthcoming conclusion or recommendation that is critical of the Department, a contractor, or an employee cannot hinder, prevent or delay the Ombudsperson's announcement of that conclusion or recommendation. 5. Allows the Office of Corrections Ombudsperson (Office) to provide otherwise confidential information in response to a subpoena or discovery request issued in connection with pending litigation if the information is protected by an order limiting disclosure of the information to the attorneys involved in that litigation. 6. Revises § 2569 of Title 29 so the limitations on the civil liability of an employee of the Office reference Subchapter I of Chapter 40 of Title 10. 
SA 1 to SB 293PassedHansenThis Amendment removes language from the bill that would have added a requirement to minor capital improvement allocation calculations that should only apply to major capital improvement projects. 
HA 2 to HB 425StrickenSchwartzkopfThis amendment makes the following changes to House Bill No. 425: (1)It provides the Speaker of the House of Representatives and the Pro Tempore of the Senate each an additional appointment to the Lyme Disease Oversight Board; and (2) Includes a licensed health care professional other than a nurse or physician who had been removed by House Bill No. 425 back on the Board. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 4 w/ HA 1, HA 2PassedSturgeonLike Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials. School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information. The information required in the Department’s report may be consolidated into a single report with the requirements under § 158 of Title 14, if House Bill No. 304 is also enacted this year. Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 also requires that by the beginning of the 2027-2028 school year, school districts and charter schools serving students in grades kindergarten through 3 do all of the following: 1. Adopt a reading instruction curriculum from the Department list. 2. Demonstrate that all educators who teach reading successfully complete professional development aligned with the essential components of evidence-based reading instruction. 3. Identify a school-based supervisory position responsible for assisting with the implementation of the adopted curriculum. Senate Substitute No. 1 for Senate Bill No. 4 differs from Senate Bill No. 4 by doing all of the following: 1. Requires the Department to maintain, on its website, the criteria and rubric used to identify high-quality curriculum. 2. Allows school districts and charter schools to apply to have alternative curriculum that meet these criteria approved. 3. Clarifies the requirements. 4. Adds to the list of positions that are responsible for reading instruction and coaching. 5. Makes technical corrections.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EVIDENCE-BASED READING CURRICULA.
SB 286PassedHansenThis Act shall be known as the “New Castle County Neighborhood Improvement District Act.” The Act assembles New Castle County resources under “one roof” to focus comprehensively on persistent, and in some cases legacy, neighborhood problems, thereby promoting the possibilities of successfully resolving systemic neighborhood problems. Summary of the Act: • The Act provides for creation of a Neighborhood Improvement District (a “NID”). • Creation of a neighborhood district provides a source of funding for enhanced services in neighborhoods that are especially in need of such services, including, for example, district-wide snow removal, district-wide trash collection, and maintenance of open space. • A primary, but not exclusive, source of funding for the enhanced services is a special assessment on non-exempt properties located within the NID, the primary beneficiaries in the neighborhood. • A NID may be initiated by submission of a voluntary petition by property owners or residents in the district, or by the County, subject to objection by at least 50%, in number, of the non-exempt specially assessed property owners in the district. • A NID will be created and is to exist for only as long as necessary to resolve problems in a neighborhood, and then, after accomplishing its goal of resolving persistent neighborhood problems, it will be subject to dissolution. AN ACT TO AMEND TITLE 9 AND TITLE 17 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY NEIGHBORHOOD IMPROVEMENT DISTRICTS.
SB 292 w/ SA 1PassedHansenAn opioid antagonist is a medication approved by the United States Food and Drug Administration (FDA) for emergency reversal of a known or suspected opioid overdose. Currently, naloxone is the only FDA-approved opioid antagonist, however, the FDA is expected to approve at least 1 new, more powerful opioid antagonist in 2022. The current naloxone program allows public safety personnel and trained lay people to receive and administer naloxone to individuals suspected of experiencing an opioid overdose. This Act allows the Department of Health and Social Services to expand the current program to include additional opioid antagonists. This Act also makes technical corrections to reflect that advance practice registered nurses have the authority to prescribe medication and to conform existing law to the standards of the Delaware Legislative Drafting Manual as follows: 1. Reorganizing the current Chapter 30G of Title 16 from a single Code section to a chapter with several Code sections so that similar provisions are grouped together. 2. Using consistent phrases and terminology.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NALOXONE AND OTHER OPIOID ANTAGONISTS.
SS 1 for SB 278PassedHansenThis substitute bill makes a technical correction to the bill.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE 9/11 REMEMBRANCE FLAG.
HCR 83PassedGriffithThis resolution recognizes May 29th as ‘DE529 Day’.RECOGNIZING MAY 29TH AS “DE529 DAY”.
HCR 85PassedBoldenThis Concurrent Resolution recognizes the contributions of the Delta Sigma Theta Sorority chapters in the State of Delaware and declares May 17, 2022, to be “Delta Day at the Delaware Capital.” RECOGNIZING MAY 17, 2022, AS “DELTA DAY AT THE DELAWARE CAPITAL.”
SA 1 to SB 292PassedHansenThis amendments adds physician assistants to the definition of "health-care practitioner" so that they have the same immunity protection as physicians and advance practice registered nurses when prescribing or dispensing an opioid antagonist. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 101CommitteeSmykThis Act designates the Green Turtle (Chelonia mydas) as the official State Reptile for the State of Delaware. This act shall expire 1 year after its enactment into law.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE BY PROVIDING FOR THE DESIGNATION OF THE OFFICIAL REPTILE OF THE STATE OF DELAWARE.
HB 355 w/ HA 1, HA 2 + SA 1SignedLonghurstThis Act is to fortify the Declaration of Purpose for the Fort DuPont Complex. This Act does the following: Changes the composition of the Board by adding the Director of the Prosperity Partnership, the co-chairs of the Capital Improvement Committee, a director appointed by the Speaker of the House, and a director appointed by the President Pro Tempore of the Senate; and by eliminating the Secretary of DHSS, the four directors appointed by the Mayor of Delaware City, and the three directors elected by the Board. Specifies that the Director of OMB or his/her designee will be the Board Treasurer. Requires the Board to elect a Vice-Chair from among its members who may carry out the duties of Chair if the Chair is unavailable. Prohibits the executive director or any employee of the Corporation any gift from the Corporation, the Board or any member of the Board valued in excess of $200.00 or from receiving housing as part of their compensation package. An employee may rent, lease, or purchase any property on the Fort DuPont Complex unless for fair market value and only through a standard rental or sale process. Requires a deputy executive director to be hired. Requires all hires to be approved by the Board. Requires the executive director to provide an annual written report of the activities of the Corporation to the Chair of the Board.AN ACT TO AMEND TITLE 7 OF DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.
SB 253SignedS. 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.
HA 3 to HB 205PassedLambertThis Amendment authorizes the EARNS Program Board to limit eligibility to participate in the Program to categories of employees whose participation would not cause an increase in administrative or management fees, clarifies the definition of “Specified tax-favored retirement plans”, permits the Board to discuss choosing diverse financial firms to act as providers of investment advisory services and authorizes the establishment of a grant program to support small businesses that might need economic support to purchase software or other services necessary to implement the Program. Additionally, the amendment authorizes the Board to engage the firm responsible for conducting annual audits, gives the Board exclusive authority to ensure compliance with program requirements, establishes enforcement and compliance procedures and makes certain other non-substantive changes. 
HA 1 to HB 277PassedLynnThis Amendment amends the State Tort Claims Act to ensure that victims of child sexual abuse by public school employees will have the same legal rights as victims of abuse by private institutions and their employees. This Amendment effectively changes the standard of culpability for public schools from “gross negligence” to “negligence” in civil claims based on childhood sexual abuse. Under current law, children who are sexually abused by a employees of a private employer (e.g. daycare providers, private schools, etc.) have more protection than children abused by their teachers and coaches at public schools. There should be one standard of care that holds schools and businesses equally accountable when their recklessness, inattention, or failure to act causes a student to be sexually abused. This Amendment seeks to avoid future instances of courts dismissing childhood sexual abuse cases against public schools after finding that a complaint’s allegations of gross negligence lacked evidentiary support, as occurred in Bates v. Caesar Rodney Sch. Dist., No. 13, 2021, 2021 Del. LEXIS 315 (Del. Oct. 6, 2021) and Collins v. Dutton, No. S19C-01-045, 2019 Del.Super. LEXIS 571 (Del. Super Ct. Sussex County, Nov. 19, 2019). 
HA 1 to HS 1 for HB 93PassedBriggs KingThis amendment changes the effective date to August 1, 2022. 

Senate Committee Assignments

Committee
Education
Elections & Government Affairs
Environment & Energy
Executive
Health & Social Services
Judiciary
Labor

House Committee Assignments

Committee
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Public Safety & Homeland Security

Senate Committee Report

Committee
Agriculture

House Committee Report

Committee
Corrections
Economic Development/Banking/Insurance & Commerce
Judiciary
Public Safety & Homeland Security
Veterans Affairs

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records