Daily Report for 6/7/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 460CommitteeLynnThis Act is the first leg of an amendment to the Delaware Constitution to make clear that the right of individual privacy is essential to the well-being of a free society and may not be infringed without a showing of a compelling state interest. The U.S. Supreme Court has long interpreted the Fourteenth Amendment’s prohibition against the State depriving a person of life, liberty, or property without due process of law to prevent arbitrary or unreasonable action by the State. Specifically, in 1923, the Court, in Meyer v. Nebraska, 262 U.S. 390 stated: “While this Court has not attempted to define with exactness [of] the liberty thus guaranteed [under the Fourteenth Amendment], the term has received much consideration and some of the included things have been definitely stated. Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” Additionally, in Lawrence v. Texas, 539 U.S. 558 (2003), the Court stated that “our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education.” In explaining the respect the Constitution demands for the autonomy of the person in making these choices, the Lawrence Court noted that the Court previous held that “[t]hese matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” In reaching its ruling, the Lawrence Court held that the petitioners were “entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. ‘It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.’” The General Assembly proposes the enactment of this constitutional amendment creating a right of individual privacy to secure for Delawareans the rights the U.S. Supreme Court has previously found emanate from the federal constitution in the face of concerns regarding the continued effect of these U.S. Supreme Court precedents. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT OF INDIVIDUAL PRIVACY.
SA 2 to SB 163StrickenLawsonThis Amendment clarifies that this Act does not apply to a person’s or property’s eligibility for United States Department of Agricultural loan programs or the Delaware Agricultural Lands Preservation program. This Amendment also makes a technical correction to correct a typographical error. 
HA 2 to SS 1 for SB 9PWBKowalkoThis Amendment changes the rent calculation under § 7052A(c) so that it based on the 36-month CPI-U. This Amendment also clarifies that when the CPI-U is updated, it cannot be compounded. 
HA 1 to SS 1 for SB 9PWBKowalkoThis Amendment clarifies how market rent is determined by defining "similar facilities, services, amenities, and management" as an appraisal that includes specific factors. This Amendment also prohibits rent increases based on a market rate increase if the yearly sales prices of homes sold by homeowners declines or remains the same.  
HA 1 to HB 438PassedDorsey WalkerThis Amendment makes a technical correction. 
SA 2 to SB 248PWBEnnisThis amendment prohibits the tax exemption for structures used for agricultural, horticultural, or forest use from being used where there are delinquent school taxes owed on the structure. This amendment also requires each county to adopt regulations to effectuate the provisions of Senate Bill No. 248. 
SB 314CommitteeLawsonThis Act creates the Omnibus School Safety Fund (“Fund”) to provide funding to public and charter schools for certain school safety projects. This Act appropriates $65 million from the General Fund to the Fund in Fiscal Year 2023, which does not revert to the General Fund at the end of the Fiscal Year. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL SAFETY.
HA 2 to HB 333StrickenBennettThis Amendment removes the three-fifths vote requirement since the Act only requires a simple majority vote. 
SA 2 to SB 283PassedMantzavinosThis amendment removes the limitation that the Board of Nursing only mandate memory care education for nurses who treat adults. 
SA 1 to SS 1 for SB 6DefeatedPettyjohnCurrently, there is a manufacturer of firearm magazines in Georgetown that employs nearly 40 workers and produces 30, 20, 15, and 10 round magazines. This Amendment excludes a person who manufactures a large-capacity magazine from the application of the law if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State. The Amendment also excludes a person who ships or transports the large-capacity magazine for a person who manufactures a large-capacity magazine for sale to a person outside of this State. 
SB 251SignedParadeeThis Act appropriates $378,613,700 to provide one-time funded projects through the Office of Management and Budget.AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2023 TO THE OFFICE OF MANAGEMENT AND BUDGET.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 261SignedEnnisThis act streamlines the appointment process for the Delaware Nutrient Management Commission, expands the definition of dairy farmer to include all cattlemen, consolidates the appointment authorities, and simplifies the number of representatives.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO NUTRIENT MANAGEMENT.
SB 269SignedParadeeThis bill creates a special license plate for the Boy Scouts of America.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 272 w/ SA 1SignedGayBy this Act, Delaware would join the Audiology and Speech-Language Pathology Interstate Compact (the “Compact”). The Compact is an interstate compact, or a formal agreement among states, to facilitate the interstate practice of audiology and speech language pathology. Under the Compact, audiologists and speech-language pathologists (collectively, “practitioners”) who are licensed and in good standing in a Compact member state may practice in any other Compact member states via a “compact privilege,” which is equivalent to a license. This will remove the need for practitioners to get an individual license in each state where they want to practice. The Compact is the same in form and function as other occupational licensure compacts such as the Nurse Multistate Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 19A), the Physical Therapy Compact (adopted by Delaware, 24 Del. C. Ch. 26C) and the Interstate Medical Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 17A). The Compact authorizes in-person practice and telepractice based on a valid, unrestricted home state license in Compact member states. The Compact has been adopted by 17 states: Alabama, Colorado, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, New Hampshire, North Carolina, Ohio, Oklahoma, Utah, West Virginia, and Wyoming. The Compact is pending before the legislatures of 9 other states. The Compact establishes a licensure data system allowing for instantaneous verification of licensure information. The Compact also establishes an interstate commission, composed of member state officials, to carry out the Compact’s purposes. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS AND THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT.
SB 293 w/ SA 1Out of CommitteeHansenThis Act is companion legislation to Senate Bill 270. Currently, state code requires all school districts to match state- appropriated minor improvement funds with 40% local funds, regardless of a district’s ability to do so. This bill changes the requirements for the school district match for minor capital improvement funds to use the more equitable formula in place for major school construction projects.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MINOR CAPITAL IMPROVEMENT FUNDS.
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. 
SS 1 for SB 270SignedHansenThis Act establishes an evaluation and assessment system created by the Department of Education to determine whether a school facility is in good repair to assure that school facilities are clean, safe, and functional for staff and students. This Act also requires the Division of Public Health to create a routine indoor air quality monitoring program that includes temperature and humidity standards that is published on the Department of Health and Social Services website. It further requires the Division of Public Health to create a contractor certification program for indoor air quality services that will allow schools to contract with properly trained and certified contractors when indoor air quality remediation is necessary. The Act also provides procedures for districts to make procedures clear for receiving and reporting indoor air quality complaints in schools. This Substitute bill differs from the original in that it does not provide for implementation of the routine indoor air quality monitoring program nor its enforcement. Once the program is created and there is a better understanding of what it will require, the General Assembly may then establish how, and to what extent, to implement the program with the knowledge of what is necessary to do so.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS.
HCR 88PassedS. MooreThis Concurrent Resolution encourages the General Assembly to prioritize funding for Social Emotional Learning (SEL) in schools, and to work collaboratively with the Delaware Department of Education and other stakeholders to promote the use of SEL in school districts and charter schools. ENCOURAGING THE GENERAL ASSEMBLY TO PRIORITIZE FUNDING FOR SOCIAL EMOTIONAL LEARNING IN SCHOOLS AND TO WORK COLLABORATIVELY WITH THE DEPARTMENT OF EDUCATION TO PROMOTE SOCIAL EMOTIONAL LEARNING.
SA 1 to SB 272PassedGayThis Amendment clarifies that all meetings of the Executive Committee shall be open to the public, and that all minutes and documents of meetings of the Commission, other than closed meetings, and recordings of Commission hearings on proposed rules or amendments, are available to members of the public upon request and at the requesting person's expense. This Amendment also makes several other non-substantive, clarifying changes to the bill.  
SS 1 for SB 6 w/ HA 3SignedSokolaThis Substitute Act creates the Delaware Large-Capacity Magazine Prohibition Act of 2022, which does the following: (1) Includes a clear definition for the term “large-capacity magazine” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition. (2) Prohibits the manufacture, sale, offer for sale, purchase, receipt, transfer, or possession of a large-capacity magazine. Violation of this prohibition is a class E felony. (3) Prohibits the possession of a large-capacity magazine during the commission of a felony. Violation of this prohibition is a class B felony. This Substitute Act also establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 234SignedGayThis Act updates the per diem compensation of any retired justice, judge, chancellor or vice chancellor accepting an active duty designation from $250 per day to 1/365 of the annual salary for such a judicial officer. This is consistent with the per diem compensation provided to retired justices of the peace and commissioners of the Superior Court, the Family Court, and the Court of Common Pleas accepting an active duty designation. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COMPENSATION FOR CERTAIN RETIRED JUDICIAL OFFICERS ACCEPTING AN ACTIVE DUTY DESIGNATION.
HA 2 to HB 77PassedKowalkoThis Amendment does all of the following: 1. Makes this Act consistent with California law by clarifying that for adult mattresses, the restrictions on the flame retardant chemicals and organohalogens only apply to foam. 2. Exempts used mattresses. 3. Clarifies the exemption for electronic components, making it applicable to the electronic components in children’s products, mattresses, and upholstered furniture, using language consistent with the law in California and New York. 4. Provides a blanket exception that allows mattresses or upholstered furniture that can be sold in California to be sold in Delaware. 5. Changes the name of Chapter 25G and corrects spelling and terminology. 6. Changes the effective date to July 1, 2023. 
HA 2 to HB 303PassedLonghurstThis 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. 
HA 1 to HB 375PassedBoldenThis Amendment adds the Chief Diversity Officer of the Division of Human Resources as an ex-officio member of the Racial Equity Consortium. 
HA 1 to HS 1 for HB 264PassedGriffithThis amendment limits the availability of sexual violence protective orders to cases where the respondent is at least 18 years of age. 
HA 1 to HS 1 for HB 25PassedDorsey WalkerThis amendment corrects a reference to other documents that may be used to prove the name and address of a person registering to vote, by removing the word “government” as some of the permissible documents are not government documents. It also removes the effective date clause. 

Senate Committee Assignments

Corrections & Public Safety
Elections & Government Affairs
Environment & Energy
Health & Social Services

House Committee Assignments

Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Corrections & Public Safety
Legislative Oversight & Sunset

House Committee Report

Economic Development/Banking/Insurance & Commerce
Public Safety & Homeland Security
Technology & Telecommunications

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 2 to HS 1 for HB 25DefeatedRamoneAny person who registers to vote the day of the election shall have their vote kept in a provisional ballot envelope, which shall be counted by the Department after the Department verifies the person in question is a qualified voter and has not previously voted in the election. This also changes the implementation date from January 1, 2022 to January 1, 2023.  

Nominations Enacted upon by the Senate

No Records