Daily Report for 6/16/2022

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 189SignedEnnisThis bill increases the amount of the tax credit for active members of volunteer fire, ambulance and rescue service companies and their auxiliaries from $500 to $1,000. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.
SB 190SignedSokolaSince the creation of the Delaware Heritage Greenway Council in 1992 which then became the Delaware Council on Greenways and Trails, creation and maintenance of greenways and trails have become an important part of the mission of the Department of Natural Resources and Environmental Control, and especially its parks system. This bill merges the work of the Council on Greenways and Trails with the Parks Advisory Council to formally join their efforts. The two councils already collaborate on the Outdoor Recreation Parks and Trails grant program. This bill expands the Parks Advisory Council and adds trails and greenways as a background sought for some parks council members, and also adds representatives from the General Assembly which the Council on Greenways and Trails has had but the Parks Advisory Council does not currently have. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PARKS AND RECREATION COUNCIL.
SS 1 for SB 187 w/ HA 1SignedS. McBrideElectric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. Like Senate Bill No. 187, this Substitute will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gases to curtail global warming. Specifically, like Senate Bill No. 187, this Substitute achieves these ends by requiring municipalities with a population of 30,000 or more to develop a procedure to obtain permission for the installation of an electric vehicle charging station on real property zoned for residential use that abuts a residential street. This Substitute differs from Senate Bill No. 187 as follows: (1) By removing the requirement that an ordinance adopted by a municipality establish the qualifications required by the licensed electrician who installs an electric vehicle charging station. (2) By clarifying that a municipality may not require an individual owner of real property to install an electric vehicle charging station for another person, including a tenant, guest, or customer, unless the requirement is adopted as part of a municipal zoning or building code that is of general applicability. This Substitute 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 TITLE 22 OF THE DELAWARE CODE RELATING TO RESIDENTIAL ELECTRIC VEHICLE CHARGING INFRASTRUCTURE REQUIREMENTS.
HB 259 w/ HA 1SignedLambertThis Act requires Delaware to use the Wireless Emergency Alert (“WEA”) system to notify the public of emergency alerts and requires that the emergency alert system be used when a catastrophic release occurs. A catastrophic release is a major uncontrolled emission, fire, or explosion that presents an imminent and substantial endangerment to public health. This Act also requires that emergency alerts be broadcast in Spanish, in addition to English, when possible. The WEA system is a federal public safety system, currently used by the Delaware Emergency Management Agency (DEMA), that allows customers who own mobile devices to receive geographically targeted, text-like messages alerting them of imminent threats to safety in their area. Delaware still uses reverse 911 notifications to landline phones for environmental hazards, but only 6.5% of U.S. households use landlines as their only form of phone communication. In contrast, the National Center for Health Statistics reported that during the first 6 months of 2020, 62.5% of adults and 73.8% of children lived in wireless-only households. To ensure that Delaware’s cell phone users receive WEA alerts, DEMA asked cell phone users to manually register their cell phones with the Delaware Emergency Notification System ("DENS") to receive WEA notifications. After numerous years of marketing campaigns, and encouragement from public officials, private entities, and advocacy groups, only 3% of Delawareans have manually registered their cell phones with the Delaware Emergency Notification System to receive wireless emergency alerts. In addition, because the WEA system targets geographic areas, emergency alerts are sent to all wireless devices with service provided by participating carriers. Thus, emergency alerts are provided to wireless devices in the geographic area affected by the hazard, regardless of whether people register their phones, live in the area, or have phone numbers with a local area code. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 7, TITLE 16, AND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY ALERTS.
HS 1 for HB 168SignedBushThis bill would allow insurance companies to invest in mortgages on long-term leaseholds in the jurisdictions approved by the Department of Insurance. It is the intent of the Department of Insurance that the first approved jurisdiction be the United Kingdom. In the United Kingdom real estate typically is held not in fee simple (like the US) but long-term land leases. Thirty three other states including Maryland, New Jersey, and New York have similar statues. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE INVESTMENTS.
HB 270SignedK. WilliamsSince 1996, students across Delaware have participated in school choice. Currently, reorganized school districts do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. The Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Bill gives priority to siblings of students who live in the reorganized school district where the school is located and to siblings of students who do not live in the reorganized school district where the school is located. The Act also updates what constitutes "good cause" to include change of residence or child's participation in an inpatient or day treatment program.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DISTRICT ENROLLMENT CHOICE PROGRAM FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS.
SB 205SignedGay The Bill expands the availability of free feminine hygiene products at all public and charter schools. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS.
SB 207SignedWilsonThis Act extends until 2026 the requirement that agriculture and intrastate construction vehicles be registered in accordance with the manufacturer's gross vehicle weight rating.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRUCK WEIGHTS.
SB 216SignedEnnisThis Act allows the Delaware Standardbred Breeder’s Fund Board to promulgate rules and regulations necessary or appropriate to implement or clarify the statutes related to the Standardbred Breeder’s Fund Program. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE STANDARDBRED BREEDER’S PROGRAM FUND.
HB 307SignedGrayThis Act amends the Town of South Bethany Charter to provide the correct citation to charter provisions relating to residency. Additionally, the Council organizational meeting will be within 30 days after the election of members instead of being the first Saturday after the elections.AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY RELATING TO MUNICIPAL ELECTIONS AND ORGANIZATION OF THE TOWN COUNCIL.
HB 321SignedBushThis bill expands the Commissioner’s authority to deny policy form filings that encourage misrepresentation, contain any unjust, unfair or inequitable provisions, or where the benefits provided are unreasonable in relation to the premium charged, to other lines of insurance not limited to life and health policies. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO DISAPPROVAL OF INSURANCE POLICY FORMS.
HB 323SignedBushThis bill requires that the Commissioner’s retention of any outside attorneys, actuaries, accountants, and other experts in the review of any application for merger or consolidation of a domestic insurer be at the expense of the party applying for such merger or consolidation. This bill aligns the payment of the Commissioner’s expenses for mergers and consolidations with other acquisitions under Chapter 50 of Title 18 of the Delaware Code. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MERGERS OR CONSOLIDATION OF INSURERS.
HB 322SignedBushThis bill removes the requirement that the Director of the Office of Management and Budget approve Title 18-related refunds of overpayments.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROCESSING OF REFUNDS OF OVERPAYMENTS.
HB 316SignedGriffithThis bill does all of the following relating to the Domestic Violence Coordinating Council. First, it adds the Chief Magistrate of the Justice of the Peace Court to the Domestic Violence Coordinating Council. Second, it removes the limitations on the use of voting by proxy by members of the Council. These limitations are unnecessary because § 2104(f) provides that the Council promulgate rules of procedure governing its operations so long as they are in accordance with Chapters 100 and 101 of Title 29. Thus, the Council, not the statute, should determine the rules necessary to govern its own operations. Finally, the bill adds the Fatal Incident Review Team of the Domestic Violence Coordinating Council to the list of entities that are entitled to receive protected health information without informed consent. The protected health information at issue is essential for the Fatal Incident Review Team to review. Due to federal law, certain providers are prohibited from providing such information even with a subpoena. However, these providers can provide the protected health information if the statute specifically permits such protected health information to be disclosed without informed consent.AN ACT TO AMEND TITLES 13 AND 16 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
SB 236 w/ SA 1SignedLopezThis Act does the following: (1) Changes the name of the State Human Relations Commission to the Delaware Human and Civil Rights Commission (“Commission”), as it appears in the Delaware Code. (2) Changes the name of the Division of Human Relations to the Division of Human and Civil Rights (“Division”), as it appears in the Delaware Code. This name change makes clearer the role of the Commission and Division in ensuring human rights and civil rights and helps differentiate the Commission and Division from the work of the Department of Human Resources and the City of Dover’s Human Relations Commission. AN ACT TO AMEND THE DELAWARE CODE RELATING TO RENAMING THE STATE HUMAN RELATIONS COMMISSION AND THE DIVISION OF HUMAN RELATIONS.
SB 246SignedMantzavinosDelaware’s Freedom of Information Act (“FOIA”) was intended to create a State-wide and generally applicable standard for citizens’ access to public records and to further the accountability of government to the citizens of this State. To ensure consistency in the processing of requests for public records, and to ensure the goals of FOIA are being realized, this bill amends earlier-enacted provisions in the Delaware Insurance Code and Administrative Procedures Act related to public inspection of State agency documents to incorporate by reference the requirements of the later-enacted FOIA statute. AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO INSPECTION OF PUBLIC RECORDS.
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.
HB 357SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Technology Investment Council ("TIC"). This Act updates TIC's statute to further streamline operations and prevent redundancies, and to make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is the product of collaboration with TIC, the Department of Technology and Information, and other stakeholders. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TECHNOLOGY INVESTMENT COUNCIL.
HB 363SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of Adult Protective Services ("APS"). In the process of the review, and with APS's agreement, JLOSC recommended eliminating the Adult Protective Services Advisory Council under § 3903 of Title 31 and absorbing that council's role into the Council on Services for Aging and Adults with Physical Disabilities. This Act makes the required changes to the Council on Services for Aging and Adults with Physical Disabilities. The APS Advisory Council is removed from Title 31 in separate legislation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON SERVICES FOR AGING AND ADULTS WITH PHYSICAL DISABILITIES.
HB 397SignedBoldenThis Act is the Department of Finance's Annual "housekeeping" legislation. Specifically: (1) Section 1 of this Act removes an antiquated statewide refund cap from budgetary practice. (2) Section 2 of this Act ensures the procedure for calculating County Seat payments for State-owned properties is consistent with the maximum amount appropriated for this purpose. (3) Section 3 of this Act updates background check requirements for Division of Revenue staff and contractors to align with federal requirements. (4) Section 4 of this Act ensures regular updates are made to census tract definitions used as part of the Creation of Employment and Qualified Investment tax credit. (5) Section 5 of this Act limits eligibility for New Economy retained jobs credits, as intended by the Commitment to Innovation Act. (6) Section 6 of this Act clarifies the definitions of “lessor” and “lessee” for Occupational and Business License Taxes to reflect modern leasing transactions. (7) Section 7 of this Act excludes manufacturing companies from a 2% State Realty Transfer Tax on construction contracts made within the first year of a realty transfer. (8) Section 8 of this Act provides for severability. This Act also makes technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 AND TITLE 30 OF THE DELAWARE CODE RELATED TO BUDGET AND FISCAL REGULATIONS FOR STATE AGENCIES AND ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF FINANCE.
SS 1 for SB 222 w/ HA 2SignedTownsendThis Substitute differs from Senate Bill No. 222 as follows: (1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date. (2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year. (3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%. As a result, under § 2503(a)(12)a.1. of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RATES.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 24PassedSpiegelmanThis resolution recognizes the public health and societal benefits of service dogs and therapy dogs and the people and organizations who train and support them.RECOGNIZING THE IMPORTANCE OF SERVICE DOGS AND THERAPY DOGS AND THE PEOPLE AND ORGANIZATIONS WHO TRAIN AND SUPPORT THEM.
SB 328PassedSokolaThis Act renames the Blackbird State Forest’s Meadows Tract the “Ennis Tract” in honor of Senator Bruce C. Ennis. The Blackbird State Forest’s Meadows Tract covers 456 acres with open meadows, forested trails, and three ponds, and includes one of Delaware’s two forest education centers. The Meadows Tract is part of an ecologically critical zone connecting the Chesapeake and Delaware Bays. The Blackbird State Forest is managed by the Department of Agriculture and is a popular destination for hiking, horseback riding, nature watching, camping, and hunting.AN ACT TO RENAME THE BLACKBIRD STATE FOREST'S MEADOWS TRACT THE "ENNIS TRACT" IN HONOR OF SENATOR BRUCE C. ENNIS.
HA 1 to HB 437PWBBriggs KingThis amendment adds the Georgetown Police Department to the list of those agencies receiving a grant under the EPOCH Grant Program. 
HA 1 to HB 456StrickenLynnThis Amendment requires that an individual appointed as city manager for the City of Dover on or after the effective date of this Act reside in the City of Dover within 180 days of the date of hire. 
HA 1 to HB 476PassedGriffithThis amendment clarifies that once the missing person is located law enforcement agencies must remove the notifications within 72 hours from law enforcement social media platforms and websites. It also requires the law enforcement agency, in regard to the electronic notifications, follow records retention and disposition requirements under Chapter 5 of Title 9. 
HB 483CommitteeSmykThis bill increases the amount of realty transfer tax receipts transferred to the Delaware Farmland Preservation Fund to adjust for inflation. This funding amount has not been increased since 2005.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO REALTY TAXES AND THE DELAWARE FARMLAND PRESERVATION FUND.
HA 1 to SS 1 for SB 6StrickenMitchellThis amendment changes the penalty for a first-time violation involving only possession of a large-capacity magazine to a civil violation involving a $100 fee, and a second violation involving only possession, is a class B misdemeanor. All other violations, including a subsequent offense for possession of a large-capacity magazine, remain a class E felony. This amendment also clarifies that the presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition is not, without more, sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition. This amendment also clarifies that it is not a violation of § 1466 of Title 11 if a resident renders a large-capacity magazine permanently inoperable or permanently modifies the magazine to accept 17 rounds of ammunition or less. Finally, this amendment changes the compensation program from $10 for each large-capacity magazine to the market rate for each large-capacity magazine. 
HA 2 to SS 1 for SB 6StrickenSpiegelmanThis amendment removes possession as an element of the class E felony established under this bill. 
SA 3 to SB 320StrickenBoniniThis amendment changes the effective date to August 1, 2022. 
SA 4 to SB 320StrickenBoniniThis amendment changes the effective date to September 1, 2022. 
SA 5 to SB 320StrickenBoniniThis amendment changes the effective date to October 1, 2022. 
SA 6 to SB 320StrickenBoniniThis amendment changes the effective date to November 1, 2022. 
SA 7 to SB 320StrickenBoniniThis amendment changes the effective date to December 1, 2022. 
SA 8 to SB 320StrickenBoniniThis amendment changes the effective date to January 1, 2023. 
SA 9 to SB 320StrickenBoniniThis amendment changes the effective date to February 1, 2023. 
SA 10 to SB 320StrickenBoniniThis amendment changes the effective date to March 1, 2023. 
SA 11 to SB 320StrickenBoniniThis amendment changes the effective date to April 1, 2023. 
SA 12 to SB 320StrickenBoniniThis amendment changes the effective date to May 1, 2023. 
SA 13 to SB 320StrickenBoniniThis amendment changes the effective date to June 1, 2023. 
SA 14 to SB 320StrickenBoniniThis amendment changes the effective date to July 1, 2023. 
SA 15 to SB 320StrickenBoniniThis amendment changes the effective date to August 1, 2023. 
SA 16 to SB 320StrickenBoniniThis amendment changes the effective date to September 1, 2023. 
SA 17 to SB 320StrickenBoniniThis amendment changes the effective date to October 1, 2023. 
SA 18 to SB 320StrickenBoniniThis amendment changes the effective date to November 1, 2023. 
SA 19 to SB 320StrickenBoniniThis amendment changes the effective date to December 1, 2023. 
SA 20 to SB 320StrickenBoniniThis amendment changes the effective date to January 1, 2024. 
SA 21 to SB 320StrickenBoniniThis amendment changes the effective date to February 1, 2024. 
SA 22 to SB 320StrickenBoniniThis amendment changes the effective date to May 1, 2024. 
SA 23 to SB 320StrickenBoniniThis amendment changes the effective date to June 1, 2024. 
SA 24 to SB 320StrickenBoniniThis amendment changes the effective date to July 1, 2024. 
SA 25 to SB 320StrickenBoniniThis amendment changes the effective date to August 1, 2024. 
HR 25PassedSchwartzkopfThis Resolution recognizes Thursday, June 16, 2022, as “Staff Appreciation Day” in the House of Representatives.RECOGNIZING JUNE 16, 2022, AS "STAFF APPRECIATION DAY" IN THE HOUSE OF REPRESENTATIVES.
SA 1 to SB 316PassedPinkneyThis amendment clarifies that the $35 per month cap applies to health plans provided for state employees and eligible pensioners who are not entitled to services, rights, or benefit under the federal Medicare program. It also provides that the health plans may not impose cost-sharing under the covered individual’s drug coverage. 
SA 26 to SB 320DefeatedBoniniThis Amendment limits to 5, the number of ballots an individual can deliver to the Department of Elections (Department) during an election and requires that the instructions for completing and returning a mail ballot include a statement that it is illegal for an individual to deliver more than 5 ballot envelopes to the Department during the same election. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 268PassedGayThis Act reflects the Administrative Office of the Courts’ current managerial authority and budgetary control over the Judicial Information Center, the Office of State Court Collections Enforcement, and the law libraries. Title 10 § 1941 is repealed in its entirety as the use of the law libraries is no longer limited solely to judges. Spaces have been modernized to accommodate use by lawyers, self-represented litigants, and members of the public to conduct legal research and access other legal resources.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF UNITS WITHIN THE ADMINISTRATIVE OFFICE OF THE COURTS.
SB 271PassedGayThe Justice of the Peace Court actively discourages the acceptance of warrants from citizens, yet the statute as it currently stands may be interpreted to allow such warrants. This Act abolishes citizen warrants in the Justice of the Peace Court and creates a requirement that all warrants must issue only by information sworn to by a law-enforcement officer. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE AND THE ISSUANCE OF ARREST WARRANTS.
HB 423 w/ HA 1SignedMitchellFederal law permits states to require federal firearms licensees (FFLs) to conduct background checks through a state agency, or point of contact, instead of directly through the National Instant Criminal Background Check System (NICS). This Act creates the Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification (SBI) of the Delaware State Police and designates the SBI's FTAP as the point of contact between an FFL and the federal databases checked by the Federal Bureau of Investigation for purposes of conducting background checks for firearm purchases or transfers. By establishing SBI as the point of contact for all firearm purchases or transfers in this State, SBI becomes responsible for determining if a potential buyer or transferee is prohibited from receipt or possession of a firearm under § 1448 of Title 11 of the Delaware Code or federal law. This enables SBI to search other databases in addition to relying on the required NICS check, enhancing background checks conducted in this State. This Act enables firearms dealers who suspect a straw purchase has or is occurring to notify SBI using the same hotline that is established for background checks through FTAP. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 11, 16, 24, AND 29 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR FIREARMS SALE, TRANSFER, OR CONCEALED CARRY PERMIT.
HB 450 w/ HA 1SignedLonghurstThe Delaware Lethal Firearms Safety Act of 2022 prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. One exception is that the Act does not prohibit the possession and transport of firearms that were lawfully possessed or purchased before the effective date of this Act; although for these firearms there are certain restrictions relating to their possession and transport after the effective date of this Act. There are also exceptions for law-enforcement and military personnel in the course of their official duties, and a limited exception for retired law-enforcement personnel. Finally, a person lawfully in possession of an assault weapon prior to the passage of this Act may lawfully transfer the weapon to a member of their family, through inheritance or otherwise. The Act directs the Department of Safety and Homeland Security to develop a procedure for issuance of a voluntary certificate of possession to show lawful possession of an assault weapon prior to the effective date of the Act. A gun owner is not required to apply for the certificate, but a certificate provides a conclusive means of proving lawful possession prior to the passage of this Act. The Department is not permitted to retain copies of issued certificates or identifying information of any applicant. The Act also adds a violation of this Act to the list of predicate crimes for possession of a weapon in a school zone. AN ACT TO AMEND THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
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.
HCR 99PassedMorrisonThis Concurrent Resolution acknowledges June 2022 as LGBTQ+ Pride Month in the State of Delaware.ACKNOWLEDGING JUNE 2022 AS LGBTQ+ PRIDE MONTH IN DELAWARE.
SB 8 w/ SA 1 + HA 1SignedSokolaThis Act defines machine gun as it is defined under federal law. Defining machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or “glock switch”, which transforms a semiautomatic gun into a machine gun. Additionally, this Act prohibits a person from making a destructive weapon, including a machine gun. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESTRUCTIVE WEAPONS.
SB 318PassedGayThis Act unifies all Judicial Branch employees under the Judicial Branch Personnel Rules, thus revising a bifurcated personnel administration system for judicial branch employees in constitutionally-created and legislatively-created courts. This Act recognizes and respects the constitutional powers vested in the Chief Justice, as the administrative head of the Judicial Branch, to govern Judicial Branch employment relations. This Act will not curtail any bargained-for employment rights currently held by Judicial Branch employees covered by the Merit System. Instead, this Act will simplify matters of personnel administration for the Judicial Branch by having one consistent set of rules and processes to apply equally to all Judicial Branch employees. This Act will become effective for all current and future Judicial Branch employees within six months from the date of enactment. AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE UNIFYING JUDICIAL BRANCH EMPLOYEES UNDER THE JUDICIAL BRANCH PERSONNEL RULES.
SB 302SignedTownsendThis Act is named for Keshall “KeKe” Anderson. KeKe was an innocent bystander who was killed in a 2016 shooting involving a firearm purchased through a straw purchase. In 2019, in a lawsuit by KeKe’s family against the dealer of the firearm involved in her death, the Delaware Supreme Court affirmed the Superior Court’s decision interpreting § 1448A of Title 11 of the Delaware Code to grant a firearm dealer full immunity from liability, even if the firearm dealer is negligent in selling a firearm to a straw purchaser. See Summers v. Cabela’s Wholesale, Inc., 2019 Del. Super. LEXIS 156 (Del. Super. 2019), aff’d, Summers v. Cabela’s Wholesale, Inc., 2019 Del. LEXIS 524 (Del. 2019). The repeal in Section 2 of this Act means victims and their families may seek relief from courts and juries instead of being denied their day in court. Section 3 of this Act provides a cause of action to enable firearm manufacturers and retail dealers to be held accountable when they knowingly or recklessly take actions that endanger the health and safety of residents of this State through the sale, manufacture, distribution, and marketing of firearm-related products.AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.
SB 319PassedTownsendThis bill creates a special license plate for atTAcK addiction.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 321 w/ SA 1PassedPinkneyThis bill broadens the scope of mental health practitioners who are authorized by statute to conduct examinations with inmates for purposes of advising the Board of Pardons on matters material to the Board’s scope of review. This will enable licensed mental health practitioners and other clinical mental health professionals to participate in the process of evaluating and reporting upon an offender’s mental health history, likelihood to re-offend, and other pertinent matters that will assist the deliberative process of the Board of Pardons. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOARD OF PARDONS.
HCR 100PassedDorsey WalkerThis resolution proclaims June 19, 2022 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.RECOGNIZING JUNE 19, 2022 AS "JUNETEENTH INDEPENDENCE DAY" IN THE STATE OF DELAWARE.
SB 320 w/ SA 2, SA 27PassedGayThis bill establishes voting by mail under the General Assembly’s broad powers under § 1, Article V of the Delaware Constitution to “prescribe the means, methods and instruments of voting”. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SB 327PassedHansenThis Act addresses the relation between land development and school capacity and facilitates greater coordination between the counties and local school districts with regard to planning. Section 1 of the Act amends Chapter 26 of Title 9 of the Delaware code pertaining to New Castle County by requiring that New Castle County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts. Section 2 of the Act makes these same changes to Chapter 49 of Title 9, concerning Kent County, and Section 3 of the Act makes these same changes to Chapter 69 of Title 9, concerning Sussex County. Section 4 of the Act directs the Department of Education to develop guidance and policies for implementing Sections 1, 2, and 3 of the Act. The Department of Education is to develop these guidance and policies by July 1, 2024. Section 5 of the Act provides that, effective as of January 1, 2023, the Counties must include the educational element in their comprehensive plans within the next comprehensive plan update following the Act’s enactment into law. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO SCHOOLS.
SA 1 to SB 321PassedPinkneyThis amendment removes language that would have given discretionary authority to the Board of Pardons to appoint non-licensed mental health and medical providers to act as “examiners” as is otherwise specified in the original bill. 
HCR 95PassedSchwartzkopfThis Concurrent Resolution recognizes the young men participating in the 2022 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware.RECOGNIZING THE YOUNG MEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2022 SESSION OF DELAWARE’S BOYS STATE.
HCR 96PassedLonghurstThis Concurrent Resolution commends the 2022 Delaware Behavioral Health Professional of the Year, Rosa DiPiazza, and all of the District/Charter Network Behavioral Health Professionals of the Year.COMMENDING ROSA DIPIAZZA REPRESENTING THE MILFORD SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR FOR 2022 AND COMMENDING EACH SCHOOL DISTRICT AND CHARTER NETWORK'S BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR.
SA 2 to SB 320PassedGayThis Amendment corrects a typographical error. 
SA 1 to SB 8PassedSokolaThis Amendment prohibits the manufacture, sale, transfer, purchase, or receipt of a rapid fire device, such as binary triggers, and defines a rapid fire device as a part, kit, tool, accessory, or device that increases the rate of fire of a semi-automatic firearm to a faster rate than is possible for a person to fire unassisted. 
SA 27 to SB 320PassedBoniniThis Amendment requires that an elector provide their State-issued driver’s license number or State-issued nondriver identification card number or the last 4 digits of their social security number on the application to vote by mail ballot and on the ballot envelope.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 333 w/ HA 3CommitteeBennettThis Act amends Title 16 by prohibiting all persons from declawing a cat; a procedure defined as a onychectomy, dactylectomy, phalangectomy, tendonectomy, or any other procedure that removes a portion of the paw or digit of a cat in order to remove a claw or cuts or modifies the tendon of the limb, paw, or digit of a cat to prohibit the extension of a claw. The Act excludes declawing a cat for therapeutic purposes as defined in the Act. A violation under the Act will be considered a civil offense subject to a civil fine up to $1,000. This Act also amends Title 24 specifying that if a veterinarian or a veterinarian technician is found to have declawed a cat, such act will be considered to have been acting “cruel to animals”, and they will be subject to professional disciplinary action.AN ACT TO AMEND TITLES 16 AND 24 OF THE DELAWARE CODE RELATING TO DECLAWING CATS.
SS 1 for SB 258 w/ HA 1PassedLopezThis Act abrogates current Delaware law as it presently stands regarding available recovery for damages related to injured or deceased pets that are tortiously injured by a third party or a third party’s animal. Under current Delaware law, including cases such as Naples v. Miller, 2009 WL 1163504, (Del. Super. Ct. Apr. 30, 2009), there are substantial limitations on a pet owner’s ability to recover amounts related to the cost of veterinary bills because animals that are pets in Delaware are treated as property. This Act does not change the status of pets as property but does provide new causes of action to address tortious injury to a pet. Under current law, an owner would only be permitted to recover the fair market value of a pet, regardless of the amount of veterinary bills or expenses related to care stemming from a tortious injury that is inflicted. This Act provides that limitations on such actions apply as they would otherwise apply to actions under Delaware’s common law as it relates to negligence, gross negligence, recklessness, wanton behavior, or intentionally tortious behavior where punitive damages could presently be awarded. This Act would permit an action to be brought by a legal entity that owns an animal that suffers tortious injury, although any limitations presently existing that would apply to a legal entity bringing such a claim would apply. Finally, this Act limits the ability to bring a cause of action under this Act to persons who are lawfully in possession of their pet, pursuant to relevant state, county, or municipal limitations, thus barring actions involving unlawfully possessed animals. This substitute act differs from the original through removal of the cap on recoverable veterinary bills incurred due to a tortious injury inflicted upon a pet. This act also differs from the original through removal of the ability to recover damages related to emotional trauma suffered by a pet owner in the face of negligent, reckless, wanton, or intentional tortious injury. The other sources of relief outlined in the original act remain unaltered. This Act shall be referred to as the Izzy the Cat Act, in honor of a cat that was severely injured due to the tortious acts of a third party. Izzy’s injuries were found to be compensable during an insurance arbitration, but were limited to the “fair market value” of Izzy, which does not capture either the expense of caring for significant injuries to a pet or the emotional impact to the pet’s owner. Izzy’s story is like so many other pets who suffer tortious injury with little recourse for the humans that care for them to be truly made whole. This Act will correct these imbalances in Delaware’s laws, and serve as a deterrent to the sort of behavior that leads to the injury or death of the pets of Delaware’s residents and visitorsAN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS.
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.
HA 1 to HB 380PassedGriffithThis amendment adds attorneys from Delaware’s 3 civil legal aid organizations to the eligibility for assistance with student loan repayment. Like attorneys in state service, these public interest attorneys are often carrying large debt loads from law school and undergraduate programs, and are foregoing much higher potential salaries in the private sector in order to serve the public good. 
HA 1 to HB 388PassedHensleyThis amendment replaces the term "Active shooter training" with the phrase "Lock down drills". Additionally, the amendment allows funds from the Delaware Safety and Security Fund to be used for "comprehensive school threat assessments and for prevention training and programs that teach how to prevent school violence, shootings, and other harmful actions". 
HA 1 to HB 462PassedGriffithThis Amendment corrects a typographical error. 
HA 2 to HB 315PassedHeffernanThis Amendment eliminates the unit count for purposes of funding permanent substitute teachers for elementary, middle and high schools with populations of 50% or more of low-income students, so that the Act will align with the epilogue language contained in the 2023-2024 State Budget bill. 
HA 1 to HB 419PassedMinor-BrownThis Amendment clarifies the definition of deception. This Amendment further clarifies that a statement obtained using deceptive tactics during a custodial interrogation of a minor is inadmissible in any criminal or delinquency court proceeding, unless the state can prove by a preponderance of evidence that the statement is reliable and was not induced using deceptive tactics. An inadmissible statement may also be used to impeach the defendant if the state can prove by a preponderance of evidence that the statement is reliable and was not induced using deceptive tactics. Any evidence obtained because of the inadmissible statement remains admissible if it would have been discovered through lawful means or acquired through an independent source. 
HA 1 to SS 1 for SB 258PassedBennettThis amendment adds a sunset provision that provides that the Act expires 3 years after its enactment into law. 
HA 1 to HB 61PassedSmykThis amendment makes technical corrections to the bill. 
HA 2 to HB 388PassedHensleyThis amendment allows for the application of funds for the retention of law enforcement personnel, not only constables. 
HA 3 to HB 333PassedBennettThis amendment removes the three-fifths vote requirement since the Act only requires a simple majority vote. This Amendment replaces the definition of “therapeutic purpose” with a more specific definition of “therapeutic purpose”. The Amendment also clarifies that declawing a cat is grounds for discipline of a veterinarian or veterinarian technician, by the Veterinary Board, and not an expansion of the definition of cruelty to animals. 
HA 3 to SS 1 for SB 6PassedMitchellThis amendment changes the penalty for a first-time violation involving only possession of a large-capacity magazine to a civil violation involving a $100 fee, and a second violation involving only possession, is a class B misdemeanor. All other violations, including a subsequent offense for possession of a large-capacity magazine, remain a class E felony. This amendment also clarifies that the presence of a removable floor plate in an ammunition feeding device that is not capable of accepting more than 17 rounds of ammunition is not, without more, sufficient evidence that the ammunition feeding device can readily be converted to hold more than 17 rounds of ammunition. This amendment also clarifies that it is not a violation of § 1466 of Title 11 if a resident renders a large-capacity magazine permanently inoperable or permanently modifies the magazine to accept 17 rounds of ammunition or less. Finally, this amendment changes the compensation program from $10 for each large-capacity magazine to the market rate for each large-capacity magazine. 
HA 1 to HB 300PassedLonghurstThis amendment makes technical corrections regarding how funding is calculated and accounted for under this Act. It also changes the Department’s report date from December 15th of each year to December 30th. 
HA 1 to HB 449PassedOsienskiThis amendment exempts from the chapter the performance of service and repair of any elevator in any structure by individuals working in a manufacturing or industrial facility who meets specific requirements. 

Senate Committee Assignments

Committee
Agriculture
Corrections & Public Safety
Education
Elections & Government Affairs
Environment & Energy
Executive
Health & Social Services
Housing
Judiciary
Labor
Transportation
Veterans Affairs

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Labor
Public Safety & Homeland Security
Revenue & Finance
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Finance

House Committee Report

Committee
Administration
Housing & Community Affairs
Natural Resources
Sunset Committee (Policy Analysis & Government Accountability)

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HA 1 to HB 388DefeatedShupeThis amendment provides funding of at least $10 million annually for the Delaware School Safety and Security Fund.. 

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Bradley, ChristopherConfirmedJustice of the PeaceReappointment
Chandler, LeahConfirmedJustice of the PeaceReappointment
Cohan, JenniferConfirmedChair of the Merit Employee Relations BoardNew
Collazo, Mirta ConfirmedJustice of the PeaceReappointment
Hicks, JamieConfirmedJustice of the PeaceReappointment
Kasper, BarbaraConfirmedState Board of ElectionsNew
Keenan, DeborahConfirmedJustice of the PeaceReappointment
Martin, AndrewConfirmedDelaware Natural Areas Advisory CouncilNew
Miller, JasonConfirmedDelaware Interscholastic Athletic AssociationNew
Parks, TondaConfirmedDirector of the Delaware Solid Waste AuthorityReappointment
Richardson, LennyConfirmedDelaware Interscholastic Athletic AssociationNew
Speed, HenryConfirmedVictims' Compensation Assistance Program Appeals BoardNew
Wood, W. PatrickConfirmedJustice of the PeaceReappointment