Daily Report for 6/28/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SB 338CommitteeBoniniThis Act establishes the Office of Legislative Ethics for the General Assembly. The establishment of an Office of Legislative Ethics is necessary to ensure that potential violations of Delaware’s laws or allegations of conflict of interest by the members of the General Assembly are fully investigated. The Board of the Office of Legislative Ethics will be made up of five respected members of the community with expertise in law and legislative ethics who will volunteer to serve. The Office of Legislative Ethics will be headed by an Executive Director who will also serve as the lead investigator. Any member of the public will be able to file a complaint or request the Office of Legislative Ethics to commence an investigation and can do so anonymously. The Act provides for the specific procedures to be followed once the Office of Legislative Ethics receives a complaint or request for investigation. The Act further provides for certain reporting to the General Assembly on a quarterly basis. The Act also adds the Office of Legislative Ethics to Delaware’s whistleblower statute, ensuring that public employees who make a complaint to the Office of Legislative Ethics are afforded the same protections as employees reporting suspected violations to other reporting bodies. Finally, the Act removes the Office of Legislative Ethics and the Office of Legislative Ethics Board from the meaning of “public body” within Delaware’s Freedom of Information Act. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT.
HA 1 to SB 308StrickenMitchellThis amendment clarifies when inspection and testing must occur, and specifically, which buildings are exempt from the testing requirements. This amendment makes technical corrections. This amendment also adds a delayed enactment provision which is upon establishment of a program to review and approve third-party inspection training and certification programs by the Delaware State Fire Prevention Commission, or 1 year after enactment, whichever occurs first. 
HA 1 to HB 421PWBLonghurstSubstance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery houses address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery houses support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery houses according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery houses. This Act institutes a voluntary certification process for recovery houses under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights in a recovery house and protects residents against unreasonable and unfair practices in setting and collecting fees and other house payments. This Act provides training and technical assistance for recovery house operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery houses. Furthermore, this Act establishes penalties for recovery houses engaged in kickbacks, inducements, patient brokering, and other unethical practices. Finally, the Act appropriates $300,000 from the General Fund to support establishing a certifying organization to implement this Act. 
SCR 127Passed SenateGayIn this Senate Concurrent Resolution, the Delaware General Assembly requests that the Delaware Judiciary study and, if appropriate, recommend revisions to courts’ rules of procedure or statutes, if needed, to implement a disclosure requirement for third-party litigation funding. ENCOURAGING THE DELAWARE JUDICIARY TO STUDY TRANSPARENCY IN THIRD-PARTY LITIGATION FUNDING.
HB 489CommitteeBushThis legislation imposes a new, elective entity-level tax on the income of partnerships and S-corporations, each of which are commonly referred to as “pass-through entities” for tax purposes. Prior to this legislation, the income of a pass-through entity was subject to the personal income tax of the owner in proportion to the ownership interest in the entity. In 2017, federal tax law reduced from an unlimited amount to $10,000 the amount an individual can claim as an itemized deduction for state and local taxes paid on an individual taxpayer’s annual tax return. State and local income taxes are commonly referenced to for tax purposes as “SALT” taxes. This 2017 federal limitation on the itemized deduction for SALT taxes included state taxes paid on the income of a pass-through entity and, as a result, materially limited the federal tax benefit of state income taxes paid personally by an owner on the taxable income of a pass-through entity. Consistent with guidance from the United States Department of the Treasury and the Internal Revenue Service as published in Internal Revenue Service Notice 2020-75, 2020-49 I.R.B. 1453, this legislation will enable the pass-through entity, rather than the owners of a pass-through entity, to take a federal tax deduction for SALT taxes elected to be paid by the pass-through entity. Accordingly, this legislation, conceptually similar to legislation enacted in more than 25 other states, will mitigate the new federal limitation on the personal itemized deduction for SALT taxes that otherwise would have been paid personally by an owner on the taxable income of a pass-through entity. Generally, the approach undertaken by this legislation follows a two-step process. First, an eligible pass-through entity that elects to pay the new entity-level tax, computes and pays Delaware income tax on income taxable in the State, which income, in the absence of the election, would have been subject to Delaware income tax at the individual level for each member of the entity. All income tax elected to be paid by the pass-through entity is taxed at 8.7%. Second, the electing pass-through entity allocates modified income to its members in proportion to their ownership interest in the entity, for which allocation each member is entitled to a reduction from federal adjusted gross income for individual State income tax purposes. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXATION OF PASS-THROUGH ENTITIES.
SCR 125PassedHockerThis concurrent resolution proclaims Friday, October 28, 2022 as “National First Responders Day” in the State of Delaware.PROCLAIMING THE DAY OF FRIDAY, OCTOBER 28, 2022 AS “NATIONAL FIRST RESPONDERS DAY” IN THE STATE OF DELAWARE.
HA 1 to SB 302DefeatedCarsonThis amendment clarifies the definitions of “knowingly” and “recklessly” which are used to determine if a firearm industry member created, maintained, or contributed to a public nuisance. This amendment also clarifies the definition of “firearm trafficker” and “reasonable controls”. 
SB 339CommitteeRichardson This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 60 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed.AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT.
SA 1 to HB 451DefeatedWilsonThis amendment adds additional exemptions from the application of § 1448(a)(5) of Title 11.  
SB 252SignedParadeeThis Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2023. Section 1 – Government Units and Senior Centers – $28,201,165 Section 2 – One-Times and Community Agencies – $32,531,876 Section 3 – Fire Companies – $8,162,724 Section 4 – Veterans Organizations – $498,141 GRAND TOTAL – $69,393,906AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2023; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2023 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2023 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 144 w/ SA 1 + HA 2PassedPinkneyThis Act modernizes the hate crime statute and consolidates related offenses together with the hate crime statute in the Criminal Code. Changes to the hate crime statute include: (1) That the hate crime be motivated, in whole or in part, on a bias. This reflects instances where a hate crime is committed but is only motivated in part by hate in addition to another component. (2) That the focus be on the defendant’s belief or perception. Currently our law focuses on the victim’s actual race, gender, religion, or other immutable characteristic, rather than focusing on the state of mind of the defendant. This change refocuses the inquiry on the defendant’s state of mind, and specifically, what the defendant believes to be true at the time the act was committed. (3) Prohibiting any crime committed in whole or in part on a belief or perception of an immutable characteristic of a group. This Act adds “group” to make clear that a hate crime can be committed because of the hate towards a group at large. In addition, this Act does the following: (1) Combines and updates the existing desecration and desecration of a burial place sections maintaining the existing penalties. (2) Establishes a right of civil remedies to allow individuals to seek relief from hate crime, desecration, and religious symbol burning related injury. (3) Requires law enforcement to report violations and investigations of violations of hate crimes to the Division of Civil Rights and Public Trust. This Act also 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 OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY.
SB 163 w/ SA 3SignedLawsonThis Act more closely aligns the meaning of agricultural, horticultural, and forestry land use with the U.S. Census Bureau’s definition of “farm,” which, since the 1974 Census, has included “any place from which $1,000 or more of agricultural products were produced and sold . . . during the year.” This alignment will ensure a more equitable tax treatment of farms throughout Delaware. Under this Act, the use qualifies as agricultural, horticultural, or forestry only if, during the applicable year, the use results in $1,000 or more of products being produced or sold, the owner of the land files a Schedule F (Profit or Loss From Farming) form with the U.S. Internal Revenue Service, and the use is made on at least 10 acres. “Applicable year” means the calendar year immediately before the February 1 that an application for valuation is due under § 8334(3) of Title 9. This Act keeps the existing Delaware law that allows contiguous parcels to be combined to reach the required threshold. This Act also clarifies that an application for valuation must be submitted on the next official business day if February 1 falls on a weekend day or legal holiday. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including citing to § 8333 within § 8334, both of Title 9, instead of duplicating identical language in 2 places in the Code.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO FARMS.
HB 279 w/ HA 1PassedBushThis Act establishes certification and continuing education requirements for central service technicians working in hospitals and freestanding surgical centers. Central service technicians are an important part of the healthcare team responsible for decontaminating, inspecting, assembling, disassembling, packaging, and sterilizing reusable surgical instruments and equipment. This Act requires individuals who perform the tasks of a central service technician to pass a nationally accredited examination and to hold either a certified registered central service technician credential or certified sterile processing and distribution technician credential within 18 months of hire. This Act grandfathers anyone working as a central service technician in a health care facility on or before January 1, 2023.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFICATION OF CENTRAL SERVICE TECHNICIANS.
HS 1 for HB 302 w/ HA 1PassedBaumbachHouse Bill No. 302 clarifies that the creation or possession of an altered or fake vaccination document is forgery in the second degree. This crime includes electronic vaccination documents because the existing definition of "written instrument" under § 863 of Title 11 includes electronic equivalents. This Act does not address electronic vaccination records because the existing crime of misusing computer system information, § 935 of Title 11, clearly covers tampering with computer records, which includes vaccination records. House Substitute No. 1 for House Bill No. 302 revises the language describing the altered or fake vaccination document so it cannot be read as requiring each of the details listed. This Act also 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 FORGERY OF PROOF OF VACCINATION.
HB 350SignedSpiegelmanThis bill creates a special license plate for Suicide Prevention, Awareness, and Support in honor of Jason Staley.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
HB 334 w/ HA 2 + SA 1PassedBentzThis bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.AN ACT TO AMEND TITLE 24 RELATING TO PRACTICE BY TELEHEALTH AND TELEMEDICINE.
HB 336PassedS. MooreThis Act provides school-base physical therapists who have graduated from an accredited college or university with the highest level masters or doctorate degree, and who have achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy, with base salaries of Master Plus 30 or Doctorate, and provides the ability to move forward on the salary schedule for additional credits earned. Since 2015, a doctorate degree is required in order to sit for the national physical therapy examination for licensure.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BASIC SALARY SCHEDULE FOR SCHOOL-BASED PHYSICAL THERAPISTS.
HB 338 w/ HA 1PassedBushThis Act provides an automatic satisfaction of a mortgage 10 years after the maturity date as stated in the mortgage or any recorded extension of the mortgage or, in the absence of a stated maturity date, 40 years after the recording of the mortgage or any extension of the mortgage. This Act also reduces the time after which an attorney may file a certificate of satisfaction under § 2123 of Title 25 of the Delaware Code to 10 years after the maturity date and 40 years after the recording of a mortgage.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE SATISFACTION OF MORTGAGES AFTER A LAPSE OF TIME.
HB 337PassedBushThis Act makes it easier to properly clear title to real property after a person dies if the person held real property jointly with the right of survivorship. With more frequency, a deceased person may die as a resident in a county that is different from the county in which the deceased owned real property. This Act provides relief to those who are the surviving joint owner of a person who died in a county that is different than the county where the real property is located. The surviving joint owner of real property may not have anything to do with the deceased person’s estate, or the probate of it, making it difficult for the surviving joint owner to obtain exemplified copies from different states or countries, which results in the loss of valuable time and money to the surviving joint owner.AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO JOINTLY HELD REAL-ESTATE AFFIDAVITS AND FILING AT THE REGISTER OF WILLS.
HB 398SignedK. WilliamsThis Act renames the Human Trafficking Interagency Coordinating Council as the Delaware Anti-Trafficking Action Council (Council) for the purpose of providing a clearer description of the work that the Council performs. This Act also transfers the Council from under the authority of the Department of Health and Social Services (DHSS) to the Criminal Justice Council. DHSS's clerical staffing duty is removed. This Act requires the Council to appoint an Executive Director, who will serve at the Council's pleasure. The Executive Director shall support the Council in carrying out its statutory duties. Subject to the approval of a quorum of the Council and within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director shall also employ staff and contract for services as necessary to assist the Council with performing its duties. By providing the Council with staff, the Council will be better able to comply with its statutory mandates under Delaware's Human Trafficking law. It will also be able to pursue grant funding opportunities that it previously did not have the infrastructure to support. Additionally, this Act broadens several existing statutory duties of the Council to ensure the Council has the flexibility necessary to perform its work and allows it to pursue work that may broaden opportunity to obtain grant funding. This Act also clarifies that one member of the Council must be an individual with prior experience in working with victims of human trafficking in a legal or advocacy capacity and that this individual may reside in any county. This Act also clarifies how this member must be appointed. This Act adds additional reporting requirements, clarifies that the report is intended to be an annual report, and adds that the report must also be submitted to the Executive Director of the Criminal Justice Council. This Act removes language related to the initial startup of the Council because this language is no longer relevant. This Act also repeals § 787(k)(2)j. of this Title because the paragraph contains language that is no longer relevant. Procedural requirements for Council business are located in § 787(k)(4), so the procedural requirements in § 787(k)(2)j. were moved to § 787(k)(4)b. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including corresponding corrections to internal references in § 787(l) and § 787(m) since paragraphs within § 787(k) have been renumbered. The Council wishes to name this Act for and honor the late Ms. February O’Donnell and the late Ms. Amy Day. Ms. O’Donnell, a human trafficking survivor, and Ms. Day, a victims’ services volunteer who started the nonprofit, Meet Me At The Well, were remarkable women who helped lead the way in Delaware’s fight against human trafficking. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE HUMAN TRAFFICKING INTERAGENCY COORDINATING COUNCIL.
HB 404 w/ HA 2PassedMinor-BrownThe Delaware Fair Chance Licensing Act provides that it is the policy of this State to allow entry to professions and occupations with licensing requirements for individuals with a criminal history to the maximum extent consistent with public safety. To that end, the bill identifies certain kinds of criminal history elements that should not be considered by licensing boards: charges that are not pending and did not lead to a conviction; juvenile records; records that have been expunged, sealed, or pardoned; and convictions that are more than 10 years old. An exception is allowed to the 10 year rule to preserve existing prohibitions involving sex offense convictions. The Act also identifies factors a licensing authorityshould consider in determining whether a criminal history record would prohibit licensure, or whether a waiver should be granted. The bill provides a process whereby an individual may submit an inquiry to the Division of Professional Regulation regarding whether their criminal history would be disqualifying for a particular license. Finally, it provides that the Board or Division must provide a written statement to an individual if their criminal history record would be disqualifying and allow the individual to submit rebuttal materials if they wish to do so. Technical changes are also made to conform the provisions to the requirements of the Delaware Legislative Drafting Manual. Conforming changes are made to all the Chapters of Title 24 that are administered by the Division of Professional Regulation. Technical corrections are made to existing provisions to conform with the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 24 AND 29 OF THE DELAWARE CODE RELATING TO PROFESSIONAL LICENSING.
SB 284 w/ HA 1SignedMantzavinosThis Act continues the practice of amending periodically the Delaware Statutory Trust Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments of the Act. Sections 1, 3, 6, 8, 9, 13 and 15-17. The amendments add business development companies to a number of provisions of the Act that previously applied only to registered investment companies (within the meaning of the Investment Company Act of 1940). Though similar to registered investment companies in many respects, business development companies as a technical matter are not registered investment companies but instead elect to be subject to many of the federal regulations applicable to registered investment companies. Section 2. Section 3804(a) of the Act has been amended to clarify that, except to the extent otherwise provided in the governing instrument of a statutory trust, the trustees or other authorized persons, or the duly authorized agents of such trustees or other authorized persons, may bind a statutory trust to a contract or instrument by entering into such contract or instrument in the name of the statutory trust or in the name of any such person acting on behalf of the statutory trust. Section 4. This section amends Section 3806(b)(7) of the Act to provide that a trustee, officer, employee, manager or other person who may manage the business and affairs of the statutory trust may delegate any of its rights, powers and duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the trustee, officer, employee, manager or other person who may manage the business and affairs of the statutory trust. The amendments to Section 3806(b)(7) create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegate. Section 5. This section amends Section 3806(i) of the Act to confirm and clarify the broad power and authority of a trustee to delegate any or all of the trustee’s rights, powers and duties to manage and control the business and affairs of a statutory trust, including any core governance functions. In addition, this section amends Section 3806(i) of the Act to provide that a trustee may delegate any of its rights, powers and duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the trustee. The amendments to Section 3806(i) create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc. 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegate. Section 7. This section amends Section 3806 of the Act to add subsection (o) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a statutory trust under the Act or a governing instrument that are void or voidable and waiving failures to comply with requirements of a governing instrument that make such acts and transactions void or voidable. New subsection (o) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (o) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (o) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 10. This section adds a provision for the filing of a certificate by a trustee who has succeeded the predecessor trustee of one or more statutory trusts in order to amend the name and address of such trustee in each affected certificate of trust. Section 11. This section amends Section 3811(c) of the Act to clarify that the execution of a certificate by a person who is authorized by the Act to execute such certificate constitutes an oath or affirmation that, to the best of such person’s knowledge and belief, the facts stated therein shall be true at the time such certificate becomes effective, not at the time such certificate is executed. Section 12. This section specifies the fee payable in connection with the filing of a certificate under Section 3807(n). Section 14. This section amends Section 3819 of the Act to make certain clarifying and conforming changes, and to provide that when a beneficial owner is entitled to obtain information for a stated purpose (whether pursuant to Section 3819 or a governing instrument), the beneficial owner’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the governing instrument. To the extent current law is that the “necessary and essential” test does not apply by default to (i) a beneficial owner’s right under Section 3819(a) of the Act to obtain information from a statutory trust for a purpose reasonably related to the beneficial owner’s interest as a beneficial owner of the statutory trust or (ii) a beneficial owner’s right under a governing instrument to obtain information from a statutory trust for a stated purpose, new subsection (f) is intended to change that law. Section 18. This section amends Section 3826(b) of the Act to confirm that a signature on a certificate of beneficial interest may be a manual, facsimile or electronic signature. Section 19. This section adds Subchapter III to the Act to add a control beneficial interest acquisition provision for statutory trusts registered under the 1940 Act as closed-end management investment companies or statutory trusts that are closed-end management investment companies that have elected to be regulated as business development companies under the 1940 Act and that in either case have a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.) or designated for trading on the National Association of Securities Dealers Automated Quotation System (NASDAQ). Section 20. This section provides that the proposed amendments of the Act shall become effective August 1, 2022.AN ACT TO AMEND CHAPTER 38, TITLE 12 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF DOMESTIC STATUTORY TRUSTS.
HB 408PassedChukwuochaThis Act would add designation that the holder is a veteran to the Delaware Driver License or Identification Card upon request. Adding designation that the holder is a veteran to a Driver License or Identification Card would eliminate the need for a veteran to carry a separate card or official discharge forms in order to prove their service.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO INDICATING THE HOLDER IS A VETERAN ON DRIVER LICENSES AND NONDRIVER IDENTIFICATION CARDS.
HB 419 w/ HA 1PassedMinor-BrownCiting the increasing number of false confessions recorded by the National Registry of Exonerations and recent science around adolescent brain development, several states across the nation have passed legislation to ban the use of deceptive interrogation techniques on juveniles. Deceptive tactics is limited to the knowing use of misleading statements about evidence or communications of false promises of leniency to extract a confession or other incriminating evidence from a youth suspected of breaking the law. To date, Delaware has yet to have a wrongful conviction case involving a false confession but according to groups such as the Innocence Project, wrongful convictions can often take decades to be revealed. Three other states, Illinois, Utah and Oregon, have passed similar legislation. Additional states, including Colorado and California, are currently considering similar legislation. This Act mirrors efforts in other states by prohibiting the knowing use of false statements about evidence, or false or misleading promises of leniency during custodial interrogations of persons under the age of 18. Any statement elicited from a person in violation of this section is inadmissible in any subsequent juvenile delinquency or criminal court proceeding. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CUSTODIAL INTERROGATIONS.
HB 426SignedSchwartzkopfThis Act allows counties to use Realty Transfer Tax funds for recreational amenities and land preservation programs. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES.
HB 455SignedMinor-BrownSection 1 and 2. These sections defines “reproductive health services” for the Board of Medical Practice, the Board of Nursing, and Regulatory Council for Physician Assistants, and makes clear that physicians, physician assistants and nurses who perform, recommend, or provide reproductive health services, if such services are lawful in this State, do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state. This section also authorizes the following to terminate pregnancy before viability: (1) A physician assistant with a collaborative agreement with an appropriately training physician; and (2) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency, including successful completion of a training or certification approved by the Board of Nursing. Section 3. This section prohibits a health care provider from disclosing communications and records concerning reproductive health services, but does provide exceptions including if such records are requested for the purposes of investigating a complaint against a health care provider and the records are relevant to such complaint or to if requested to investigate a claim of abuse and such records are relevant to such investigation. This section also provides protections and limitations against civil actions from another state relating to the termination of pregnancy. Such protections and limitations include the issuance of a summons for a criminal case or investigation, and the issuance of a subpoena for information or testimony relating to the termination of pregnancy. This section also creates a cause of action for persons against whom a judgment was entered in another state based upon allegedly providing, receiving, or helping another person to provide or receive reproductive health services that are legal in Delaware. This section allows the person to recover damages from any party that brought the original action that resulted in the judgment or tried to enforce it. The damages available are just damages resulting from the original action as well as costs, expenses, and reasonable attorney’s fees spent bringing the action under this section as permitted by the court. The cause of action is unavailable if no part of the acts that formed the basis for liability occurred in Delaware. It is also unavailable if the judgment entered in the other state is based on a claim similar to one that exists under Delaware law and: (1) is a claim brought by a or the patient’s legal representative for damages the patient suffered or from another individual’s loss of consortium with the patient; or (2) is a contract based claim brought or enforced by a someone with a contractual relationship with the person who is subject to the judgment. Section 4. This section limits non-fugitive extradition of someone for committing an act that results in a criminal charge for the termination of pregnancy in another state. Pursuant to this bill, a person may only be extradited if the acts for which extradition is sought are punishable under Delaware law if their consequences, as claimed by the other state, had taken effect in this state. Section 5. This section prohibits an insurer from increasing the premium or taking any adverse action against a health care professional or health care organization for performing or providing reproductive health care services that are lawful in this State and covers any medical professional who prescribes medication for the termination of human pregnancy to an out-of-state patient by means of telehealth.AN ACT TO AMEND TITLES 24, 10, 11, AND 18 RELATING TO THE WOMEN’S REPRODUCTIVE HEALTH.
HB 479PassedLonghurstThis Act increases the civil penalty for violating the parking regulations in § 4180 from not less than $10 nor more than $25 to not less than $100 nor more than $500. This Act also increases the minimum fine for violating the requirements of Chapter 41 relating to size or weight of a vehicle or a combination of vehicles or restrictions regarding parking in residence districts from not less than $28.75 nor more than $230 for a first offense to not less than $100 and not more than $500 for a first offense. For a subsequent offense the penalty is increased from to not less than $115 nor more than $575 to not less than $400 and not more than $2,000. This Act allows the Secretary to prohibit or restrict the stopping, standing, or parking of any trailer, semi-trailer, or recreational trailer on roadways or sections of roadways. The Act requires the Department to provide a list of roadways or sections of roadways for which it has prohibited or restricted standing or parking to DSHS and law enforcement agencies across the state. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PARKING.
SB 333 w/ HA 1PassedParadeeThis Act makes the use of an unauthorized vehicle registration plate a moving violation. This Act also clarifies penalties for using an unauthorized vehicle registration plate and that the use of an unauthorized vehicle registration plate is grounds for failing a vehicle inspection.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES FOR USING AN UNAUTHORIZED VEHICLE REGISTRATION PLATE.
HCR 103PassedDorsey WalkerThis House Concurrent Resolution establishes a medical marijuana stakeholder group, responsible to meet at least quarterly and discuss timely and appropriate issues dealing with the Medical Marijuana Program in Delaware. DIRECTING THE OFFICE OF MEDICAL MARIJUANA TO HOLD QUARTERLY STAKEHOLDER MEETINGS.
SA 1 to HB 334PassedS. McBrideThis Amendment does all of the following: (1) Requires a health-care provider who is licensed in a state that does not have an interstate compact for the provider’s field of medicine to obtain an interstate telehealth registration in this State before practicing telehealth in this State. (2) Establishes a health-care provider’s eligibility for an interstate telehealth registration. (3) Makes clear that a health-care provider who obtains an interstate telehealth registration is subject to the laws of this State and jurisdiction of the courts and licensing boards of this State. 
HCR 106PassedDorsey WalkerThis House Concurrent Resolution recognizes the 38 years of service of the Family Law Commission and its many dedicated members who served on the Commission. RECOGNIZING THE 38 YEARS OF SERVICE OF THE FAMILY LAW COMMISSION AND ITS MANY DEDICATED MEMBERS WHO SERVED ON THE COMMISSION.
SA 3 to SB 163PassedLawsonThis Amendment does all of the following: 1. Removes language relating to acreage requirements. 2. Clarifies that this Act does not apply to a person’s or property’s eligibility for United States Department of Agricultural loan programs or the Delaware Agricultural Lands Preservation program. 3. Makes a technical correction to correct a typographical error. 
SA 2 to HB 451PassedSokolaThis Amendment does all of the following: (1) Permits a child under 18 years of age to possess a firearm under the direct supervision of a person 21 years of age or older. This provision sunsets 3 years from the date of enactment of this Act. (2) For 3 years from the date of enactment of this Act, permits a person at least 18 years of age, but not yet 21 years of age, to possess or control a firearm. (3) Permits a person under the age of 21 to possess or control a firearm for the purpose of transporting the firearm to the location of a lawful hunting, instruction, sporting, or recreational activity. (4) Makes necessary updates to the sentencing provisions of § 1448 of Title 11 based on the Act. (5) Includes a severability clause. (6) Corrects drafting errors in the bill and amendments to ensure proper codification, including inserting current law omitted from the bill. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 195 w/ SA 1PassedS. McBrideThe societal implications of technological developments are pervasive, and the reach and influence of digital media platforms continue to expand. Media literacy skills are necessary for citizens to safely, responsibly, and critically consume and use social media and other forms of media. In addition, media literacy education prepares students to make informed civic decisions that affect them, their families, their communities, and the world. This Act requires the Department of Education to develop and maintain evidence-based media literacy standards for use by school districts and charter schools serving students in grades kindergarten through 12. The standards and materials must be age-appropriate and must address appropriate, responsible, and healthy online behavior. This Act is known as "The Digital Citizenship Education Act".AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MEDIA LITERACY.
SB 209 w/ HA 1PassedParadeeIn 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this Act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a TNC. The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022.AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.
SB 217SignedEnnisHistorically, vehicles under the control of the Delaware State Fire Commission have been equipped with emergency lights. This bill amends Section 4106 to clarify and confirm that vehicles of the Delaware State Fire Prevention Commission are emergency vehicles that may be equipped with emergency lights.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EMERGENCY VEHICLES.
SB 255PassedPinkneyWhen a youth who is experiencing foster care and living in an out-of-home placement has a need for inpatient psychiatric treatment, there can be a delay in gaining voluntary admission to a facility due to the Division of Family Services needing to obtain the youth’s parent or legal guardian’s consent for treatment. This can lead to a youth waiting in an emergency department bed or other inappropriate setting while waiting for the proper consent to be signed. In some cases, when a youth’s parent or legal guardian cannot be located, the youth must be involuntarily committed in order to obtain inpatient treatment, even when the youth is going willingly. This bill allows the Department of Services for Children, Youth & Their Families, Division of Family Services Director or Deputy Director to sign the request for voluntary admission to a psychiatric treatment facility for a youth in foster care. In the case of a youth in foster care whose parent or guardian’s legal parental rights have not been terminated, the Division of Family Services works collaboratively with the youth’s parent to get consent on medical treatment and decisions. This bill would enable youth experiencing foster care to access psychiatric treatment voluntarily when their parent or legal guardian is not available to consent to the treatment on their behalf. This bill also allows the Director or Deputy Director of the Division of Family Services to make a written discharge request on behalf of the youth receiving voluntary treatment.AN ACT TO AMEND TITLES 13 AND 16 OF THE DELAWARE CODE RELATING TO THE VOLUNTARY ADMISSION PROCEDURE.
SB 260SignedGayThe Consumer Protection Fund covers a substantial portion of the costs and expenses to run the Department of Justice’s Fraud and Consumer Protection Division, which serves all Delawareans, handles hundreds of consumer complaints every year, and is continually taking on more cases on behalf of Delawareans who have been victims of fraud and deceptive business practices. During the COVID-19 pandemic, a period of dramatically increased scams against Delaware's most vulnerable populations, including our seniors, the Fraud and Consumer Protection Division has been on the front lines. The Division brings money into the Consumer Protection Fund by investigating and enforcing Delaware’s consumer protection and financial fraud laws, and the amounts obtained, often through settlements, can be large but are unpredictable. Despite a significant expansion of the work and jurisdiction of the Fraud and Consumer Protection Division, the Consumer Protection Fund retention cap has not been increased since 2014. This Act increases the maximum amount of money the Department of Justice can keep in the Consumer Protection Fund at the end of each fiscal year from $3 million to $10 million. Increasing the retention cap from $3 million to $10 million will promote greater stability in funding the Division’s operations even during periods of volatility in the amount of money the Division brings in through its investigation and enforcement work, and will reduce the risk that the Division needs to seek funding for its critical operations out of General Fund appropriations. Increasing the retention cap will not affect ASF spending authorization for the Consumer Protection Fund, which will remain subject to the existing appropriations process.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CONSUMER PROTECTION FUND.
SB 289PassedPooreThis Act expands the scope of the sexual extortion law to include: a) compelling or inducing another person to produce a visual depiction of the person or another who is nude or who is engaging in sexual conduct, and b) threatening to reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of a person who is nude, or who is engaging in sexual conduct. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.
SB 290 w/ SA 1PassedPooreThis Act expands Erin's Law to require training and education on issues related to inappropriate relationships between adults and children, such as grooming. Erin's Law requires the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families to develop and maintain a curriculum to be used by Delaware's public schools to educate public school employees about personal body safety and child sexual abuse. Erin's Law is named in honor of Erin Merryn, a victim of child sexual abuse, who is working to enact legislation on this subject throughout the country. This act expands Erin's Law in several respects. The Act expands the range of grades that Erin's Law applies to from pre-kindergarten to grade 6 to pre-kindergarten to grade 12. In addition, the Act expands Erin's Law to require training for school employees on the prevention of inappropriate sexual misconduct, the establishment of appropriate adult and student interactions, and the warning signs of suspected adult sexual misconduct, with an emphasis on sexual grooming. It also expands the information available to parents and students to include information on the warning signs of adult sexual misconduct, including the derivative grooming of parents, methods for discussing adult sexual misconduct with students, resources for reporting suspected abuse, and counseling available to students and parents. Finally, the Act requires training and education for school administrators, school nurses, and school counselors on issues relating to inappropriate sexual relationships and grooming, such as strategies for the prevention of such misconduct, skills for responding to student disclosures of such misconduct, and measures to promote school recovery after an incident of such misconduct. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ADULT SEXUAL MISCONDUCT IN SCHOOLS.
SB 291PassedPooreThis Act requires each school district and charter school to adopt a policy regarding appropriate relationships between school employees, contractors, coaches, and volunteers and students. The policy must include a provision establishing appropriate and inappropriate interactions; a prohibition against adult sexual misconduct; a prohibition against any sexual relationship between a school employee, contractor, coach, or volunteer and a student; an emphasis on the mandatory reporting obligations under § 903 of Title 16; a procedure for notifying the Department of Education and law enforcement of suspected adult sexual misconduct; guidelines for the preferred and prohibited methods of electronic communication; notice that substantiated incidents of adult sexual misconduct will be reported in future reference checks; and a provision requiring the development of hiring practices to screen for adult sexual misconduct. This Act will be implemented for the 2023-2024 school year. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO POLICY REGARDING APPROPRIATE RELATIONSHIPS WITH STUDENTS.
SB 308 w/ SA 1 + HA 2PassedMantzavinosThis bill brings Delaware into conformity with national standards on fire safety dampers and smoke dampers. It requires all buildings of public accommodation and shared residential buildings to conform to standards that will ensure life-saving alarms and fire dampening efforts are safe and up to nationally recognized standards. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE-RESISTANCE-RELATED CONSTRUCTION.
HB 451 w/ HA 3, HA 6, HA 8 + SA 2SignedSchwartzkopfThis bill makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. The Act does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms, thus allowing those persons who are 18 to 21 years of age to purchase, own, control or possess such deadly weapons. Persons under the age of 21 may possess or control a firearm for the purpose of engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older. This bill also makes changes to § 1445 of Title 11—Unlawfully dealing with a dangerous weapon to be consistent with the changes made to § 1448 of Title 11. In addition, the bill only criminalizes the control of a weapon which by compressed air or by spring discharges or projects a pellet, slug, or bullet by a person who is not a qualified law enforcement officer if such pellet, slug, or bullet is larger than .177 caliber shot. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FIREARMS.
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 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 323SignedPettyjohnCurrently, there is a manufacturer of firearm magazines in Georgetown that employs nearly 90 workers and produces 30, 20, 15, and 10 round magazines. This Act excludes a person who manufactures a large-capacity magazine from the application of the law if the person manufactures the large-capacity magazine with the intent to sell the large-capacity magazine, or offer the large-capacity magazine for sale, to a person outside of this State. The Act also excludes a person who ships or transports the large-capacity magazine for a person who manufactures a large-capacity magazine for sale to a person outside of this State. The enactment of this Act is contingent on the enactment of Senate Substitute No. 1 for Senate Bill No. 6.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
HA 1 to SB 209PassedGriffithThis Amendment changes the effective date of this Act to six months following its enactment into law. 
HB 475SignedHeffernanThis Bill is the Fiscal Year 2023 Bond and Capital Improvements Act.A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2023; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.
HA 2 to SB 308PassedMitchellThis amendment clarifies when inspection and testing must occur, and specifically, which buildings are exempt from the testing requirements. This amendment makes technical corrections. This amendment also adds a delayed enactment provision which is upon establishment of a program to review and approve third-party inspection training and certification programs by the Delaware State Fire Prevention Commission, or 1 year after enactment, whichever occurs first. 
HA 1 to HB 428PassedLonghurstThis amendment clarifies that, where the underlying prohibited sexual act is partial nudity, a person can only be found guilty of sexual exploitation of a child or dealing in child pornography if the person is 18 years of age or older.  
HA 1 to SB 8PassedOsienskiThis 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 rate that mimics a machine gun. 

Senate Committee Assignments

Committee
Education
Elections & Government Affairs
Executive
Health & Social Services

House Committee Assignments

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce

Senate Committee Report

Committee
Agriculture
Finance
Legislative Oversight & Sunset
Transportation
Veterans Affairs

House Committee Report

Committee
Education
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