Daily Report for 6/22/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to SB 320DefeatedShupeThis amendment changes the effective date to January 1, 2023. 
HA 2 to SB 144PassedMorrisonThis Amendment does all of the following: (1) Removes threatening to commit an act of desecration or cross or religious symbol burning from the definition of those offenses. (2) Removes damage to “any private property or structure” from the definition of desecration. (3) Clarifies that parents or legal guardians are only civilly liable for the intentional hate crime tort of a child if it can be shown that they knew of the propensity of the child to commit a violation of § 1304, § 1305, or § 1306 of Title 11. 
HCR 98PassedMinor-BrownThis Resolution designates July 2022 as "Uterine Fibroids Awareness Month" and encourages public awareness of the effects of fibroids on many individuals' lives.SUPPORTING THE DESIGNATION OF JULY 2022 AS UTERINE FIBROIDS AWARENESS MONTH.
HA 1 to SB 317DefeatedKowalkoThis Amendment clarifies how market rent is determined by defining "similar facilities, services, amenities, and management" as an appraisal that includes specific factors. This Amendment also prohibits rent increases based on a market rate increase if the yearly sales prices of homes sold by homeowners declines or remains the same. 
HA 2 to SB 317DefeatedKowalkoThis Amendment changes the rent increase calculation under § 7052A(c) so that it is based on the 36-month CPI-U if rent has not been increased during the preceding 36 months and if rent has been increased during the preceding 36 months, the rent increase is calculated using the CPI-U for the period beginning the month following the date of the most recent rent increase through the month before the date of the notice of the rent increase. This Amendment also requires the Delaware State Housing Authority to calculate the CPI-U for the period requested by a community owner for a rent increase that is less than 36 months after the most recent increase. 
SA 1 to HS 1 for HB 25DefeatedRichardsonThis amendment requires a person who registers to vote the day of the election to have their vote kept in a provisional ballot envelope, which shall be counted by the Department after the Department verifies the person in question is a qualified voter and has not previously voted in the election.  
HB 487CommitteeLonghurstApprenticeship and workplace-based training are an “earn while you learn” systems that offer young people the chance to learn from the best trained construction workers in Delaware. Skilled craft apprenticeship programs offer the necessary capacities, resources, and flexibility needed to help low-income, minority, and female workers achieve and retain construction careers, while simultaneously assisting local construction employers obtain the skilled workforce they need to help drive growth in their local labor markets. This bill removes the “buy-out” for contractors to avoid participating in apprentice programs by paying into the Apprenticeship and Training Fund created in 2021. This “buy-out” benefits bad actors or those businesses only coming into Delaware to work on state taxpayer-funded projects whereas most Delaware merit shops and 100 percent of union shops have apprentice and training programs. The “buy out” also incentivizes contractors or never create training because the maximum cost of the buy-out is less than the cost to operate, fund, or participate in an apprentice program.AND ACT TO AMEND TITLES 19 AND TITLE 29 OF THE DELAWARE CODE RELATED TO CRAFT TRAINING REQUIREMENTS IN PUBLIC WORKS CONTRACTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HS 1 for HB 25 w/ HA 1PassedDorsey WalkerThis bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of an application along with a copy of a current and valid government issued photo identification or a current government document displaying the name and address of the person registering to vote. The effective date is January 1, 2022. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
HB 311 w/ HA 2PassedGriffithThis Act clarifies the scope and protections for individuals with disabilities under the Delaware Equal Accommodations Law (DEAL) and further aligns definitions and scope of DEAL with federal law protecting individuals with disabilities from discrimination by places of public accommodation, including the Americans with Disabilities Act. This Act is consistent with the Superior Court's decision in Ray v. State Human Rels. Comm'n, 2021 Del. Super. LEXIS 668, which held that "[a]ny interpretation to suggest the legislature made a choice to narrow DEAL's protection ignores both the express mandates and comprehensive guidance under DEAL. It takes away the right of a protected class member to be heard. As interpreted, Delaware law would need to reject what has been universally accepted." This alignment with federal law includes all of the following: 1. Using the same terms and definitions for those terms. 2. Clarifying that places of public accommodation must make reasonable modifications in policies, practices, and procedures, sometimes referred to as “reasonable accommodations”, unless doing so would fundamentally alter the program, business, or service. 3. Clarifying that a public accommodation must provide auxiliary aids and services, unless doing so would fundamentally alter the program, business, or service or be an undue burden. 4. Clarifying that places of public accommodation must remove physical barriers if doing so is readily achievable. 5. Clarifying that state investigations of complaints must apply the requirements under state law in a manner consistent with equivalent requirements under federal laws. This Act also does all of the following 1. Clarifies that an individual does not have to use the exact terms in DEAL to request a reasonable modification or auxiliary aids and services for the request to be covered by DEAL. 2. Extends the time to file a complaint under DEAL to 1 year. 3. Allows the Commission to waive the cost of transcript, upon application by a party. 4. Makes corresponding changes to the requirement under § 10006A of Title 29 that a public body allow a member with a disability to use electronic means of communication to attend a meeting because "reasonable modification" is the term now used under § 4504 of Title 6. The term "reasonable accommodation" is retained because that is the term used under state and federal law in employment contexts, which might apply to a member of public body. 5. Makes technical corrections to clarify existing law and conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6 AND TITLE 29 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.
HB 369 w/ HA 1SignedGriffithThis Act adds a member of the Delaware Bar, designated by the Elder Law Section of the Delaware State Bar Association, to the Delaware Guardianship Commission. This Act also makes technical changes 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 THE DELAWARE GUARDIANSHIP COMMISSION.
SB 262 w/ SA 2PassedLopezThis Act adopts the Uniform Law Commission’s (“ULC”) Revised Uniform Law on Notarial Acts (“Revised Uniform Law”). As our State continues to recover from COVID-19, chief among the changes in the Revised Uniform Law relevant to our State’s current situation are those that permit notarial acts to be performed for a remotely located individual, an individual who is not in the physical presence of the individual performing the notarial act. These revisions include recent amendments made by the ULC to respond to areas the law needed to address that were discovered during the COVID-19 pandemic, including the need to have tangible documents ink-signed and notarized and the administration of oaths taken by remotely located individuals. Adoption of this Act will expand on Governor Carney’s authorization for remote notarization to be performed by licensed Delaware attorneys, codified in § 3156 of Title 20, by allowing all notarial officers authority to perform remote notarization. In addition to retaining provisions that provide integrity in the process of performing notarial acts, the Revised Uniform Law does the following: (1) Provides the authority to notarize electronic documents on par with notarization of tangible documents, including authority for the Secretary of State to regulate notarization of electronic documents. (2) Requires a notary public to maintain a journal of all notarial acts the notary public performs. (3) Adopts new licensing procedures for notaries public, including minimum requirements for commissioning and grounds to deny, suspend, or revoke commissions. (4) Prohibits a notary public from acting in a deceptive or fraudulent manner. Current Delaware law on notarial acts is an adoption of the Uniform Law on Notarial Acts, approved by the Uniform Law Commission in 1982. This Act’s adoption of the Revised Uniform Law would bring Delaware law on notarial acts into conformity with at least 20 other states, including all of the states bordering Delaware (Pennsylvania, Maryland, and New Jersey), which currently allow remote notarization and notarization of electronic records and include the updated provisions that enhance the integrity of the process of performing notarial acts. This Act’s adoption of the Revised Uniform Law is delayed until January 1, 2023, to provide the Secretary of State and notaries public time to implement the Revised Uniform Law. In the interim, this Act continues the authority for Delaware attorneys to conduct remote notarization, codified in § 3156 of Title 20, until the Revised Uniform Law takes effect. Then, Delaware attorneys will be authorized to conduct remote notarization under the Revised Uniform Law, like attorneys in other states that have adopted the Revised Uniform Law. AN ACT TO AMEND TITLE 20 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REVISED UNIFORM LAW ON NOTARIAL ACTS.
HB 391PassedGrayThis Act amends the Charter of the Town of Millville. Section 1 of the Act revises the closing time for the closing of the polls on the day of the municipal election, from 8 p.m. to 6 p.m. The Town relies on volunteers to serve on the Town’s Board of Elections and as Election Officers, and only a few voters cast their votes after 6 p.m. Section 2 of the Act resolves a potential inconsistency in the Town Charter. Section 8 describes the Town Council’s annual organizational meeting and provides in pertinent part in subsection (b), “The Town Council shall likewise elect a Secretary and a Treasurer from its own number to serve until the first regular meeting after the next Annual Municipal Election.” Striking the one-year term for the Secretary under Section 16(a) avoids a conflict in the exact length of the appointment, in favor of Section 16’s provisions that include all positions and account for the possibility that the time between organizational meetings may technically be longer than one year. AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLVILLE.
HB 407PassedPostlesThis Act confers upon the Town Manager of the Town of Frederica the powers and authority conferred upon the Receiver of Taxes and County Treasurer for Kent County as set forth in Del.C. 87 specifically permitting the Town Manager to sell delinquent tax payer's real property through the monition process.AN ACT TO AMEND THE CHARTER OF THE TOWN OF FREDERICA.
SB 294PassedRichardsonThis Act is the first leg of a constitutional amendment that would update the minimum voting age in the Delaware Constitution from twenty-one years to eighteen years.AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO ELECTIONS.
HB 422PassedFreelThis Act amends Section 3-304 of the City of Wilmington’s Charter to allow the City of Wilmington to determine whether, and to what extent, its employees are required to be City residents. This Act does not affect residency requirements for City Council Members.AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON RELATING TO RESIDENCY.
SB 316 w/ SA 1PassedPinkneyThis Act caps the amount that an individual, group, or State employee plan may charge for diabetes equipment and supplies, other than insulin, at $35 per month. This cap does not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies.AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF DIABETES EQUIPMENT AND SUPPLIES.
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 2 to SB 262PassedLopezThis Amendment does the following: (1) Delays the effect of this Act until August 1, 2023, and extends the authority granted to Delaware attorneys to conduct remote notarization, codified in § 3156 of Title 20, until this Act takes effect. (2) Makes clear that a notarial officer may not attest to a copy of an official or public record that must be certified by a public official. 
HCR 101PassedLonghurstThis Concurrent Resolution recognizes the month of October 2022 as Breast Cancer Awareness Month.RECOGNIZING THE MONTH OF OCTOBER 2022 AS BREAST CANCER AWARENESS MONTH.
SS 1 for SB 301PassedGayThe purpose of this chapter is to provide incentives for resident Delaware taxpayers to donate organs and bone marrow for transplantation and for Delaware employers to grant paid time off to employees who donate organs and bone marrow for transplantation. To that end, the Act allows Delaware taxpayers to claim a tax credit of up to $10,000 of unreimbursed medical expenses, travel expenses, lodging expenses, and lost wages that are related to a donation of an organ or bone marrow by the taxpayer or a dependent of the taxpayer. The Act also gives a tax credit to Delaware employers who provide employees who donate an organ or bone marrow with paid time off for the purpose of the transplantation, in the amount of 25% of the employee’s gross wages paid to the employee during the time missed from work, not including any amount paid to the person by the employer as traditional paid time off, for a period of up to 30 days of missed work for each donation. For qualified expenses used for a tax credit under the Act, to the extent otherwise allowable under Title 30, no tax deduction is allowed for either the donor or the employer. This Act is a substitute for and differs from Senate Bill 301 by providing that expenses related to a donation of organ or bone marrow incurred in the taxable year before the transplantation took place must be claimed in the year transplantation took place. It also provides that lost wages, for purposes of the individual tax credit, do not include any amounts paid to the person as traditional paid time off, as other than traditional paid time off, as worker's compensation benefits, or pursuant to Chapter 37 of Title 19. Similarly, gross wages, for purposes of the employer tax credit, do not include any amount paid to the person by the employer as traditional paid time off. The Act also provides implementation dates for the individual tax credit and the employer tax credit. Finally, the Act includes minor changes made for purposes of clarification.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO ORGAN TRANSPLANTATION.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Finance

House Committee Assignments

Committee
Administration
Appropriations

Senate Committee Report

Committee
Education
Elections & Government Affairs
Executive
Finance
Health & Social Services
Judiciary

House Committee Report

Committee
Administration
Education
Housing & Community Affairs
Judiciary

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Becker, TheodoreConfirmedCommissioner of the Delaware River and Bay AuthorityReappointment
Booker, ShamekaConfirmedJustice of the Peace for New Castle CountyReappointment
Cook, NathanConfirmedVice Chancellor of the Court of ChanceryNew
Davis-Russ, DinahConfirmedMerit Employee Relations BoardNew
Faust, VeronicaConfirmedCommissioner of the Delaware River and Bay AuthorityReappointment
Hicks-Sheridan, KellyConfirmedCommissioner of Family CourtNew
Naugle, Mary EllenConfirmedJustice of the Peace for New Castle CountyReappointment
Perez-Chambers, MariaConfirmedJustice of the Peace for New Castle CountyReappointment
Peterson, AlexanderConfirmedJustice of the Peace for New Castle CountyReappointment
Pettyjohn, KellyConfirmedAlderman of the Town of DeweyNew
Pika, JosephConfirmedMerit Employee Relations BoardNew
Stevens, DeborahConfirmedState Board of EducationNew
Ufberg, SusanConfirmedJustice of the Peace for New Castle CountyReappointment