Daily Report for 6/9/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 404StrickenMinor-BrownThis amendment clarifies that a pre-application determination that a criminal history would not prevent an individual from receiving a license is binding on the licensing board at the time of application so long as there is no other substantial change in circumstances, such as an intervening new conviction. If the Division or licensing board determines in the pre-application proceedings that an individual might not be eligible for a license because of their criminal history, the person is still entitled to a full hearing on the matter at the time of application, in accordance with the Administrative Procedures Act. 
HA 1 to HB 379PWBDukesThis amendment removes the obligation of the Civil Citation Coordinator to notify courts of the expungement of the records of a juvenile's civil citation. This amendment also clarifies that records kept in DELJIS are not to be expunged. 
SCR 114Passed SenateLockmanThis Senate Concurrent Resolution recognizes the week of June 6 as Arts and Culture Week in Delaware.RECOGNIZING THE WEEK OF JUNE 6 AS DELAWARE ARTS AND CULTURE WEEK.
HB 464CommitteeChukwuochaThis Act creates the Equity Ombudsman Program and the Educational Equity Council.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EQUITY OMBUDSMAN PROGRAM AND EDUCATIONAL EQUITY COUNCIL.
HB 466CommitteeK. JohnsonThis Act defines certain facilities which will require an applicant seeking a permit for a new facility, or expansion of an existing facility, or renewal of an existing permit, located in an overburdened community, as defined in the Act, to provide an environmental justice impact report. Facility includes the following commercial or industrial business: (1) Manufacturer of animal food, meat, seafood, tobacco, manufactured home, chemicals, pharmaceuticals, petroleum, asphalt, ready-mix concrete, primary metal, nonmetallic mineral products, ammunition or transport equipment; (2) pulp, paper, paperboard and sawmills; (3) rail or water freight dock; (4) landfill, transfer station, resource recovery, scrap metal or recycle center or compost operator; (5) sewage treatment center, animal waste processor or sludge processor; (6) commercial livestock and poultry growers; (7) medical waste incinerator (with the exception of those attendant to a hospital or university intended to process self-generated medical waste); and (8) commercial or industrial businesses not contained in (1)-(7) that currently contribute or upon permit approval would contribute to the cumulative pollution in an overburdened community, as identified by the Department in conjunction with the Environmental Justice Board. For all permit applications, the environmental justice impact report would be required at least 60 days before a required public hearing. Under the Act an “overburdened community” is defined as any census tract, as delineated in the most recent U.S. Census, in which one or more of the following applies: (1) 35% of the residents are below 185% of federal poverty level. (2) At least 25% or more identify as minority or member of a state or federally recognized tribal community or immigrant. (3) 25% or more have limited English proficiency as defined by U.S. Census Bureau. (4) Geographic locations that potentially experience harms and risks as determined by the Environmental Justice Board. The Department would be required to create and post on its website a list of “overburdened communities” and update the list every 2 years. The Act establishes the Environmental Justice Board to review and make recommendations on the environmental justice impact reports, conduct public hearings, and other measures to help the Department fulfill the purpose of this chapter. The public hearing on the permit would be required to provide an opportunity for meaningful public participation by the overburdened community. Following the public hearing the Secretary would be required to consider the recommendation of the Environmental Justice Board and the testimony presented at the public hearing. The Secretary could impose conditions to the permit that may be necessary to reduce the adverse impact to the public health or to the environment in the overburdened community. The Secretary would have the authority to deny a permit application in an overburdened community upon a finding that the cumulative impact imposed by the new or expanded facility would constitute an unreasonable risk to the health of the residents of the overburdened community or to the environment in that community. The Act requires the Department to establish rules and regulations to implement the Act, in consultation with the Environmental Justice Board, within 6 months after its enactment.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL PERMITS IN OVERBURDENED COMMUNITIES.
HB 470CommitteeSmykThis bill increases the annual funding to the Delaware Land and Water Conservation Trust to adjust for inflation. These funding amounts have not been adjusted since 2001. The increase in funding also accommodates increased real estate costs, especially in coastal areas. This bill also allows the Open Space Program to access up to 7.5% of the Endowment fund’s 5-year rolling average, up from 5% to supplement purchases beyond the appropriated funds and to augment Program activities in years when the program is not fully funded.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO REALTY TRANSFER TAXES AND THE DELAWARE LAND AND WATER CONSERVATION TRUST FUND.
HA 2 to HB 450DefeatedMichael SmithThis amendment makes the bill not applicable to persons who possess a valid license to carry. 
HA 1 to HB 423PassedMitchellThe amendment removes Section 2 from House Bill No. 423 which requires the Firearms Transaction Approval Program to conduct the background checks required for applications for a license to carry concealed deadly weapons. As such, all references to those specific background checks and inquiries by the Superior Court for such background checks have been deleted by this amendment. In addition, this amendment conforms the appeal process from a denial by SBI to the appeal process in the Relief from Disabilities Program which is on the record. This amendment also permits the SBI to establish another electronic means for FFLs to make inquiries of the SBI in addition to a toll free number. Finally, this amendment makes some minor technical corrections. 
HA 3 to HB 340StrickenBriggs KingThis Amendment defines "certified doula" as an individual who has received a certification to perform doula services from a specified doula certifying organization and revises the membership of the Child and Maternal Death Review Commission to include a certified doula, instead of any individual who provides doula services. This Amendment is drafted to align with House Bill No. 340 if House Amendment No. 1 is not passed. 
HA 2 to HB 340DefeatedBriggs KingThis Amendment revises the membership of the Child and Maternal Death Review Commission to include a certified doula and defines "certified doula" as an individual who has received a certification to perform doula services from a specified doula certifying organization. This Amendment is drafted to align with House Bill No. 340 if amended by House Amendment No. 1. 
HA 4 to HB 340DefeatedBriggs KingThis Amendment requires that when making appointments to the Child and Maternal Death Review Commission, the Governor consider representation by individuals who share characteristics of the demographic populations with high incidence of maternal and child mortality instead of considering appointments by specific races or ethnicities. 
HA 2 to HB 343StrickenBriggs KingThis Amendment requires that doula services be provided by a certified doula and defines "certified doula" as an individual who has received a certification to perform doula services from a specified doula certifying organization. This Amendment also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual. 
HA 1 to HB 345StrickenBriggs KingThis Amendment requires that doula services be provided by a certified doula and defines "certified doula" as an individual who has received a certification to perform doula services from a specified doula certifying organization. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 281SignedGayThis 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.
SB 283 w/ SA 2 + HA 1PassedMantzavinosThe Board of Medical Licensure and Discipline and the Board of Nursing are responsible for establishing continuing education requirements for medical professionals licensed by these Boards. This Act adds a requirement that practitioners licensed by these Boards who treat adults must complete one hour of continuing education in each reporting period on the topic of diagnosis, treatment, and care of patients with Alzheimer’s disease or other dementias. This bill 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 CONTINUING EDUCATION.
SB 13 w/ SA 1, SA 1 to SA 1 + HA 1PassedPinkneyThis 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 288 w/ SA 1PassedEnnisThis bill would create a pilot program whereby motorcyclists are permitted to use flashing headlights as a way to alert other drivers of their presence, without allowing the use of flashing lights that would otherwise be used on emergency vehicles. The bill aims to protect motorcyclists on Delaware’s roads and has a sunsetting provision that will allow time for further traffic studies to determine the effectiveness of this pilot program. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORCYCLE SAFETY.
SS 1 for SB 134 w/ SA 1Out of CommitteeParadeeSenate Bill No. 134 prohibits a food establishment from providing consumers with a single-service plastic coffee stirrer, cocktail pick, or sandwich pick or with ready-to-eat food or a beverage in polystyrene containers. SB 134 also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. Senate Substitute No. 1 for Senate Bill No. 134 creates the same restrictions as SB 134, but updates and corrects terms and definitions, and includes additional exceptions for both polystyrene foam food service packaging and plastic straws. Section 1 of SS 1 for SB 134 also makes technical corrections to § 122(3)u. of Title 16, the authority under which the Department of Health and Social Services regulates food establishments. Substantively, SS 1 for SB 134 differs from SB 134 as follows: 1. Defines the term "compostable" using the standards under the Federal Trade Commission's guides for the use of environmental marketing claims and as established by the American Society for Testing and Materials. 2. Revises the term "polystyrene", and how it is defined, to clearly include only polystyrene foam, and also include both processes by which polystyrene foam can be made. 3. Revises the definition of "polystyrene foam food service packaging" to exclude coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, or eggs. 4. Adds the term "food" to the list of terms that have the meaning defined in the Delaware Food Code because the Delaware Food Code definition of "food" includes beverages. 5. Revises the restrictions on providing plastic straws by creating exemptions for plastic straws provided to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 6. Revised the penalty section to align with the current penalties under the Delaware Food Code. 7. Delays the effective date of Section 2 this Act until July 1, 2023.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF SINGLE-SERVICE PLASTIC IMPLEMENTS AND POLYSTYRENE CONTAINERS IN FOOD ESTABLISHMENTS.
SA 1 to SB 13PassedPinkneyThis Amendment provides that after an applicant has been accepted, an academic institution may consider the applicant's criminal conviction history, for the limited purpose of offering counseling, if the applicant applies for or enrolls in any program that requires information pertaining to the applicant's criminal conviction history to be disclosed to a state agency. This Amendment also requires each academic institution to disclose on its website any policy concerning its consideration of applicants' criminal conviction history or, if no policy has been adopted, a statement describing the academic institution's compliance with § 9003B of Title 14 of the Delaware Code. Finally, this Amendment changes the date by which the Department of Education shall compile, complete, and submit an annual report of admissions for each academic institution to the Controller General from December 15 to June 1, and requires the annual report to include the application forms used by each academic institutions.  
SB 300PassedS. McBrideThis Act updates the mandatory reporting requirements for Delaware physicians with anxiety, depression, and other mental health challenges. These changes are necessary to ensure that physicians are able to seek treatment without undue stigma or fear of loss of medical licensure. The recommended changes to the statutory reporting requirements are aligned with national best practices recommendations of leading experts including the Joint Commission on Healthcare Accreditation and the Federation of State Medical Boards. The mandatory reporting changes in this Act are also aligned with the language of the current Delaware application for medical licensure, which appears to be more aligned with best practices and compliance with the requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990). These changes are designed to appropriately balance the need to continue to maintain proper safeguards for patients in accessing safe, high quality health care services without causing undue stigma and negative licensure consequences for physicians. Finally, this Act deletes language in § 1731(c) of Title 24 of the Delaware Code that references the other professions or occupations regulated under Chapter 17 of Title 24 because these professions or occupations have their own requirements in other provisions of Chapter 17.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MEDICAL PRACTICE.
SB 313PassedSturgeonThis Act expands the period in which an ARTC program participant must meet the program requirements to obtain standard certification from 2 years to 3 years. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER LICENSURE AND CERTIFICATION.
SB 303PassedHansenThis bill designates the Loggerhead Turtle as the official sea turtle for the State of Delaware.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE SEA TURTLE.
SB 304PassedHansenThis Act updates Chapter 15 of Title 3, the regulatory provisions for seeds, by making technical and substantive revisions. This Act makes the following corrections, in addition to technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual: 1. Updates the defined terms and reorganizes the terms into alphabetical order. 2. Corrects the names of plants. 3. Reorganizes the label requirements so there is a separate Code section for each category of seeds. 4. Updates the label requirements to align with federal law. 5. Adds references to applicable federal and state laws. 6. Corrects the enforcement provisions to align with current practices and terminology. 7. Repeals duplicative Code sections. 8. Uses gender neutral language. This Act adds all of the following: 1. Specific requirements for hermetically sealed seed. 2. That labels include a clear "Sell By" date. 3. Definitions for the terms "Department", “germination”, and “hard seed”. 4. Revises the definitions of "origin", "pure seed", and "variety".AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE REGULATION OF SEEDS.
SB 305 w/ SA 1CommitteeHansenThis Act, known as the Delaware Climate Change Solutions Act, follows the issuance of Delaware’s Climate Action Plan in 2021, and establishes a statutory requirement of greenhouse gas emissions reductions over the medium and long term to mitigate the adverse effects of climate change due to anthropogenic greenhouse gas emissions on the State, establishing a mandatory and regularly updated plan to achieve those emissions reductions and develop resilience strategies for the State, and requires State agencies to address climate change in decision-making and rulemaking.AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO CLIMATE CHANGE.
SB 309PassedHansenSection 716(a) of Title 24 prohibits annual or lifetime numerical limits on chiropractic visits for the treatment of back pain. The treatment of chronic back pain through chiropractic supportive care can prevent patients from requiring opioid pain medications or more expensive treatments. This Act prohibits the denial of insurance coverage under § 716(a) for chiropractic supportive care, which constitutes maintenance therapy. This requirement applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2023. In addition, this Act clarifies, but does not expand, the insurance coverage subject to the requirements under § 716(a), states that the requirements under this subsection cannot be waived by contract, and requires that the regulations implementing § 176 establish utilization review standards. This Act also updates the definitions in Chapter 7 of Title 24 to be consistent with the current scope of chiropractic practice and makes corresponding revisions to the terms used in existing law. 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 THE PRACTICE OF CHIROPRACTIC.
SB 310 w/ SA 1 + HA 2PassedHansenThis Act updates the membership and responsibilities of the Governor’s Energy Advisory Council. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR’S ENERGY ADVISORY COUNCIL.
SB 307 w/ HA 1PassedPooreThis bill reflects the reality that “grooming” children for the purpose of committing crimes of sexual violence against them is often preceded by conduct that perpetrators know will make the child particularly susceptible to abuse. The bill requires proof that a person has engaged in three or more specific instances of conduct proscribed by the statute. Each of these predicate acts would not otherwise be considered criminal conduct, so the bill requires proof of a pattern of conduct aimed at a specific outcome. By outlawing “grooming,” the State will be explicitly empowered to stop a predator who engages in certain conduct with the intent to entice, persuade, induce, or coerce a child into participating in a sexual act with the perpetrator. A conviction for “grooming” is a stand-alone offense and is a felony punishable by up to 3 years in jail.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.
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 SB 310PassedHansenThis amendment accomplishes the following: a) Provides for the Governor’s Energy Advisory Council to make recommendations to the State Energy Office about updates to the Climate Action Plan; b) Specifies that the Council is responsible for making recommendations regarding actions and policies on energy issues to the Governor and General Assembly; and c) Provides that the Council members include representation from constituencies that include Public Service Commission-regulated, municipal, and cooperative public utilities, as well as public health and heating fuels interests 
SA 1 to SB 288PassedEnnisThe language in this amendment was changed from “flashing” to "modulating" to differentiate between the headlamps that are standard equipment on four-wheel and two-wheel vehicles, respectively. The "modulating" language tracks language in the Code of Federal Regulations. 
SB 317SignedWalshThis Act is identical to Senate Substitute No. 1 to Senate Bill No. 9, which establishes new formulas that a community owner is allowed use to increase rent in a manufactured home community. The requirements under this Act will be in effect for 5 years, during which time the current requirements for rent increases in manufactured home communities will be suspended. Under current law, rent increases in manufactured home communities have frequently been the subject of arbitration hearings and lengthy court cases. This Act seeks to dramatically reduce or eliminate these disputes by providing a choice of 3 methods that a community owner can use to establish the amount of a rent increase. In addition, when rent is increased based on 1 of the new calculations, this Act establishes clear standards and requirements, including documentation that requirements have been satisfied. This Act applies to rent increases when notice is provided beginning the 1st day of the month following its enactment into law, and remains in effect until 5 years after its enactment. Under § 7052 of Title 25, rent in a manufactured home community can be increased in an amount greater than the percentage increase of the Consumer Price Index for All Urban Consumers (CPI-U) for the preceding 36 months if there have not been health or safety violations that persisted for more than 15 days, the rent increase is directly related to operating, maintaining, or improving the manufactured home community, and the rent increase is justified by 1 or more of the factors listed, which include capital improvements, changes in taxes, utility charges, insurance costs, operating and maintenance expenses, repairs, and market rent. Rent increases under § 7052 are subject to additional requirements and the dispute resolution process under § 7053 of Title 25. Under this Act, § 7052 will not apply to rent increases while the new methods for calculating rent increases are in effect. Under this Act, a community owner may increase rent based upon the increase in the CPI-U for the preceding 24 months, based on market rent, or by agreement with a homeowner for a period of more than 1 year. In addition, a community owner may increase rent based upon the increase in the cost of specific expenses. Increases based on market rent or these additional expenses are subject to the requirements and dispute resolution process under § 7053. This Act requires that in order to increase rent, there cannot have been a health or safety violation that continued for more than 15 days as calculated under § 7051A of Title 25 or if there is a health or safety violation, the community owner must provide a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase in addition to written documentation of how the violation will be corrected by a specified date. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act also creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the county median household income that applies to rent increases. Specifically, this Act does all of the following: Section 1. Moves definitions of the terms “CPI-U” and “market rent” to § 7003 of Title 25 because the terms are used in more than 1 section. This Act also updates the definition of “CPI-U” to reference the Philadelphia-Camden-Wilmington region. Section 2. Adds detailed notice requirements to § 7051 of Title 25 that require written notice of a rent increase at least 90 days, but not more than 120 days, before the first day the increased amount of rent is due and that this notice must be sent to each affected homeowner, the homeowners’ association, if one exists, and the Delaware Manufactured Home Relocation Authority (DEHMRA). Section 3. Revises § 7052 so that it applies to rent increases that occurred or were noticed between the date § 7052 was enacted and the effective date of this Act. It makes corresponding changes to the subsection designations and repeals the definition of “market rent” because that definition will be in § 7003. Section 4. Establishes the requirements for rent increases for the 5 years after this Act takes effect, by creating the following: • § 7051A of Title 25, which establishes the prerequisites regarding health or safety violations that must be satisfied before rent can be increased including the requirement that if a health or safety violation has continued for more than 15 days as calculated under § 7051A of Title 25, the community owner must not only document that the violation will be correct by a specific date within 1 year, but must provide DEHMRA with a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act clarifies that “violation” includes requirements under federal, state, or county laws and that if the community owner does not correct the specified date, the rent increase does not take effect. • Creates § 7052A of Title 25, which establishes the following 3 ways that a community owner may establish a base rent increase: 1. Based upon the increase in the CPI-U for the preceding 24 months. 2. Based on market rent 3. By agreement with a homeowner for a period of more than 1 year. • This Act also clarifies that § 7052A continues to apply to rent increased under the section after the section sunsets, revises the definition of the “24-month CPI-U” to mirror the language in § 7053 of Title 25, and clarifies the language explaining the rent increase calculation if based on a 24-month CPI-U that is equal to or below 7%. • Creates § 7052B of Title 25, which establishes the requirements under which a community owner may add an additional rent increase to an increase under § 7052A. The requirements include the specific allowed expenses that can be the basis of an additional rent increase, the time periods that are used in the calculations, the calculation used to determine if an additional rent increase is permitted, and how the dollar amount of an additional rent increase is calculated. A community owner must provide documentation of the cost of each of the allowed expenses on a website and must provide paper copies for review at the management office and upon request by a homeowner. Section 5. Makes the following corresponding changes to § 7053: 1. Repeals notice provisions that will be in § 7051 and applicable to all rent increases in manufactured home communities. 2. States that this section is applicable to rent increases under §§ 7052, 7052A(d), and 7052B of Title 25. 3. Revises subsection (j) so it includes the standards under §§ 7052A(d) and 7052B, if applicable. Section 6. Makes a technical correction to § 7054 of Title 25 so that it references § 7053 of Title 25 where it provides the deadline to appeal a decision of an arbitrator. Section 7. Revises the lot rental assistance program by doing the following: • Revises § 7022 of Title 25, the current lot rental assistance program, by doing the following: 1. Expands eligibility by requiring residency in the home for 5 consecutive years, instead of prior to July 1, 2006. 2. Increasing eligibility to households with income that is equal to or less than 40% of the county median income, from the current 30%. This Act also updates which agency that determines the county median household income. 3. Repealing subsections that are being transferred to a new § 7022A of Title 25 because the provisions also apply to the new limited eligibility lot rental assistance program. 4. Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. • Creates § 7022A of Title 25, which has the requirements that apply to the lot rental assistance programs under both §§ 7022 and 7022B of Title 25. These requirements are transferred from § 7022A with only technical corrections. • Creates § 7022B of Title 25, which creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the median household income that applies to rent increases. Under this program, a homeowner’s rent is calculated on a sliding scale based on the amount of the household’s income. This Act also does all of the following: 1. Expands eligibility for the limited eligibility lot rental assistance program to lot rent increases that take effect after the effective date of this Act. 2. Revises the eligibility requirements to correct a drafting error. 3. Requires residency in the home for 5 consecutive years to be eligible. 4. Corrects which agency determines the county median household income. 5. Clarifies how rent is calculated under the limited eligibility lot rental assistance program. Sections 8 through 10 require that if any of the following find a violation of a health or safety requirement in a manufactured home community, notice must be provided to local and state elected officials, the Department of Justice, and the Authority: 1. A county government. 2. The Department of Health and Social Services, for drinking water. 3. The Department of Natural Resources and Environmental Control. In addition, Sections 8 through 10 make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including the correction of an internal reference in § 122(3)c.E. of Title 16. Section 11. Makes this Act effective on the first day of the month following its enactment into law.AN ACT TO AMEND TITLE 9, TITLE 16, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.
HCR 92PassedBaumbach RESOLUTION SUPPORTING THE SIGNING OF A BILATERAL TRADE AGREEMENT (BTA) BETWEEN THE UNITED STATES AND THE REPUBLIC OF CHINA (TAIWAN), STRENGTHENING THE SISTERHOOD PARTNERSHIP BETWEEN THE STATE OF DELAWARE AND TAIWAN, AND REAFFIRMING SUPPORT FOR TAIWAN’S MEANINGFUL PARTICIPATION AND CONTRIBUTIONS IN INTERNATIONAL ORGANIZATIONS
SA 1 to SB 305PassedHansenThis amendment to Senate Bill No. 305 clarifies that the legislation does not authorize State agencies to promulgate regulations beyond their statutory authority. Senate Bill No. 305 is intended to require State agencies to consider the State’s greenhouse gas emissions reduction targets, the State Climate Action Plan, sea level rise scenarios, temperature scenarios, and precipitation scenarios, when promulgating regulations otherwise within their express statutory authority.  
SS 1 for SB 35 w/ SA 1PassedWalshLike Senate Bill No. 35, this Act defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, providing specific penalties for these violations, and creates a new criminal offense of wage theft, with a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution. Clearly defining wage theft protects Delaware workers and Delaware taxpayers from employers who pay their employees “under the table” because this practice results in lost tax revenue to this State and exposes employees to personal risk in the areas of unemployment compensation and workplace injuries. The civil penalties collected for violations that are wage theft must be used for the enforcement of wage payment and collection laws under Chapter 11 of Title 19 and prosecution of the offense of wage theft under § 841D of Title 11. Senate Substitute No. 1 for Senate Bill No. 35 differs from Senate Bill No. 35 as follows: • Clarifies that Chapter 11 of Title 19 does not apply to independent contractors. • Defines the term "independent contractor" using the same definition that is used in Chapter 35 of Title 19 and specifically identifying as "independent contractors" a person licensed by the Department of Insurance or registered under Chapter 73 of Title 6 as a broker-dealer, agent, investment adviser, or investment adviser representative. It also allows the Department of Labor to designate additional occupations as an “independent contractor” through regulations. • Does not make any changes to the definitions sections of other chapters in Title 19. • Adds terms and definitions to § 1101 of Title 19 that are used in Chapter 11, with the same definitions for the terms as would have applied under the revisions to § 101 of Title 19 in SB 35. Like Senate Bill No. 35, this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give criminal jurisdiction to inferior courts.AN ACT TO AMEND TITLE 11 AND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
SA 1 to SS 1 for SB 134PassedParadeeThis Amendment does all of the following: 1. Excludes containers used to transport fruits or vegetables from the definition of "polystyrene foam food service packaging". 2. Exempts all of the following from the restriction on providing ready-to-eat food in polystyrene foam food service packaging: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. 3. Corrects a drafting error.  
SA 1 to SA 1 to SB 13PassedPinkneyThis Amendment corrects a technical error in Senate Amendment 1 to Senate Bill 13.  
SA 1 to SS 1 for SB 35PassedWalshThis amendment corrects a typographical error. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 343PassedMinor-BrownThis amendment revises the definition of doula services to remove support for a birthing person who has been separated from the person’s child and add support for a birthing person following loss of pregnancy. 
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 1 to HS 1 for HB 206PassedK. WilliamsThis amendment strikes a provision relating to sharing of background checks that is contrary to other law. It aso strikes the list of disqualifying convictions from this subchapter and instead cross-references the list of convictions and associated length of prohibition contained in Title 31 for child-serving entities, to promote uniformity. It strikes a provision relating to the exemption of residential child-care from this subchapter because it is duplicative of § 7998(d)’s general exemption of those required to complete a background check under some other provision of law. Finally the bill provides authorizing language for SBI and DSCYF to provide the required background check and child protection registry information to the appropriate entities to effectuate this Act. 
SCR 113PassedMantzavinosThis resolution recognizes the month of June as "Alzheimer's and Brain Awareness Month" in Delaware.RECOGNIZING JUNE AS ALZHEIMER’S AND BRAIN AWARENESS MONTH.
HA 1 to HB 342PassedMinor-BrownThis amendment redefines extraordinary circumstances to match federal law and requires data to be kept on the use of restraints on all pregnant prisoners, not just those in the second or third trimester. 
HA 2 to HB 342PassedMinor-BrownThis amendment adds a training requirement, based on similar language from the federal First Step Act, relating to the permissible use of restraints, reporting requirements, and recognition of symptoms in pregnant prisoners that require referral to medical care. 
HA 1 to HB 450PassedLonghurstThis amendment replaces the definition of copycat weapons with the factors used in the Connecticut assault weapons statute, as well as including semi-automatic rifles and handguns with a fixed magazine that can accept more than 17 rounds to accord with Senate Substitute No. 1 for Senate Bill No. 6. It also clarifies circumstances when ownership may be transferred between family members and that ownership of an assault weapon prior to the effective date of this Act is an affirmative defense. It provides a means for a person who receives a legacy weapon from a family member or through inheritance to apply for a certificate of possession and receive one upon a proper showing. Finally, the amendment changes the penalty to a class D felony to align with other similar crimes. 
HA 1 to HB 395PassedBaumbachThis Amendment ensures that a Senator or Representative is not deemed to have resigned their office if they are subject to an unforeseen event which results in their relocation outside of their district. 

Senate Committee Assignments

Committee
Corrections & Public Safety
Education
Executive
Finance
Health & Social Services
Housing
Judiciary
Legislative Oversight & Sunset
Transportation

House Committee Assignments

Committee
Agriculture
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Housing & Community Affairs
Judiciary
Natural Resources
Public Safety & Homeland Security
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Corrections & Public Safety
Elections & Government Affairs
Finance
Housing

House Committee Report

Committee
Appropriations
Health & Human Development

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records