Committee Report Details
Favorable:
On its Merits:
Unfavorable:
Daily Report for 6/29/2022
Governor's Actions
No legislation is Signed by Governor Today
New Legislation Introduced
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HCR 107 | Passed | Minor-Brown | This House Concurrent Resolution seeks to have both the House of Representatives and Senate consider amending their respective Rules , once the 152nd General Assembly assembles and convenes, for purposes of adding mandatory training, for all members, in evidence based implicit bias and cultural competency, similar to both Chambers’ current Rules in regard to sexual and workplace harassment. | SUPPORTING THE ADOPTION OF RULES BY THE HOUSE OF REPRESENTATIVES AND THE SENATE REGARDING IMPLICIT BIAS AND CULTURAL COMPETENCY TRAINING. |
| SCR 126 | Passed | Gay | This Resolution commemorates the 50th anniversary of the enactment of Title IX and recognizes the impact it has had on improving equality in educational institutions and the workplace, while committing to build upon its foundation to continue to expand the protection of equal rights. | RECOGNIZING TITLE IX'S 50TH ANNIVERSARY AND ITS POSITIVE IMPACT ON STUDENTS. |
| HA 1 to SB 316 | Defeated | Collins | This Amendment ensures the $35.00 per month cap will be bi-annually adjusted for inflation. | |
| SB 340 | Committee | Richardson | This Act creates the Delaware Education Right to Know Act to give parents, guardians, and other education stakeholders more information and opportunities to evaluate public and charter school education in Delaware and to express concerns to school officials. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE ESTABLISHING THE DELAWARE EDUCATION RIGHT TO KNOW ACT. |
| SB 341 | Committee | Richardson | This Act requires a school district or charter school serving high school students to provide instruction in comparative political ideology in grade 10. The instruction must include a comparative discussion of political ideologies, including communism and totalitarianism, which conflict with the principles of freedom and democracy essential to the founding principles of the United States. The purpose of this instruction is to do all of the following: (1) Explore various political ideologies, including communism and totalitarianism. (2) Highlight the conflict other political ideologies have with the founding principles of the United States. (3) Prepare students to be responsible citizens in a free democracy. (4) Develop a recognition of and acceptance for the responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. (5) Reaffirm the commitment to freedom and democracy essential to the founding principles of the United States. This Act requires the Department of Education (“Department”) to make resources available to school districts and charter schools to assist them in providing the required instruction. Additionally, the Department is required to curate and make publicly available oral history resources, to be used along with the required instruction, that provide the personal stories of diverse individuals who demonstrate civic-minded qualities, including first-person accounts of victims of other nations’ governing philosophies who can compare those philosophies with those of the United States. This Act requires each school district or charter school to designate an individual responsible for overseeing the implementation of the instruction required under this Act. The designated individual is to report to the Department each year regarding how the required instruction has been implemented by that individual’s school district or charter school. The Department is to report each year to the Governor and General Assembly. The implementation of this Act is delayed until the 2023 through 2024 school year to give school districts and charter schools time to develop the instruction required under this Act and the Department time to curate and provide the required oral history resources. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO COMPARATIVE POLITICAL IDEOLOGY INSTRUCTION. |
| SB 342 | Committee | Richardson | This Act requires that each school district and charter school serving high school students administer in grade 10 and again in grade 12 an assessment of United States history, government, and civics that includes all of the following: (1) The nature, purpose, principles, and structures of United States constitutional republic. (2) The principles, operations, and documents of the United States government. (3) The rights and responsibilities of citizenship. This Act requires that school districts and charter schools report information regarding the implementation of this Act to the Department of Education (“Department”) and that the Department report that information to the Governor and members of the General Assembly and post the report on the Department’s website. The implementation of this Act is delayed until the 2023 through 2024 school year to give school districts and charter schools time to select or develop the required assessment of civic knowledge. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE ASSESSMENT OF CIVIC KNOWLEDGE. |
| HA 1 to SB 310 | Stricken | Bush | This amendment provides that the Council members include representation from fields that the Climate Action Plan of 2021 states will have a significant impact on our state’s energy infrastructure in the future, specifically the fields of energy efficiency, solar energy, and wind energy. | |
| SB 343 | Committee | Gay | This Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded personal reproductive liberty. The Delaware Constitution is our founding legal document stating the overarching values of our society. This amendment is in keeping with the values espoused by the current Delaware Constitution. The Preamble to the Delaware Constitution states: Through Divine goodness, all people have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of obtaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness; and they may for this end, as circumstances require, from time to time, alter their Constitution of government. Section 21 of Article 1 of the Delaware Constitution provides that, "Equality of rights under the law shall not be denied or abridged on account of race, color, national origin, or sex." The core value reflected in the Preamble and § 21 is that all people should be afforded all the benefits and protections bestowed by the government, and that the government should not confer special advantages on the privileged. The right to reproductive liberty is fundamental to the exercise of personal autonomy and involves decisions people should be able to make free from compulsion of the State. Enshrining this right in the Constitution is critical to ensuring equal protection and treatment under the law and upholding the right of all people to health, dignity, independence, and freedom. This Act would ensure that government does not create or perpetuate the legal, social, or economic inferiority of any class of people. This Act requires greater than a majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires an affirmative vote of 2/3 of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending Delaware’s Constitution requires 2 pieces of legislation, referred to as “legs,” which are enacted in successive General Assemblies. This Act is the first leg of this amendment to the Delaware Constitution. | AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO THE RIGHT TO PERSONAL REPRODUCTIVE LIBERTY. |
| SB 344 | Committee | Mantzavinos | This Act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered violations of the Uniform Deceptive Trade Practices Act. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT. |
Legislation Passed By Senate
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HB 276 | Vetoed | Bennett | At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ELIGIBILITY OF REGISTERED QUALIFYING PATIENTS UNDER THE DELAWARE MEDICAL MARIJUANA ACT TO PURCHASE OR POSSESS FIREARMS. |
| SB 209 w/ HA 1 | Signed | Paradee | In 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. |
| HB 314 | Signed | Heffernan | This bill clarifies House Bill 307 from 2018 by making it clear that a 6-month or 12-month mandatory commitment to Level 5 incarceration or institutional confinement for a juvenile only applies to adjudications of delinquency for the charge of Robbery First Degree or Possession of a Firearm during the Commission of a Felony if the offense was committed after the child’s 16th birthday. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MANDATORY SENTENCES FOR JUVENILES. |
| HB 318 w/ HA 1 | Signed | Dorsey Walker | This Act establishes a period of time when a license for a nonpublic school teacher, specialist, or administrator employed by this State and for a public education employee, i.e., a Department of Education employee, adult education employee, and prison education employee, does not expire. The Act defers the expiration of the license for an individual who is or is the spouse of active-duty military, is or is the spouse of a member of the National Guard, is or is the spouse of an individual in the military reserve, and for an individual who is or is the spouse of retired military. The Act provides that a license does not expire for 180 days after the date the individual or the individual’s spouse returns from active deployment if the person or the person’s spouse holds an initial license and for 270 days after return from active deployment if the person or the person’s spouse holds a continuing or advanced license. This does not apply to public school educators who are licensed and certified in accordance with subchapters II and III of Title14. This Act also replaces the Associate Secretary, Administration and Innovation with the Associate Secretary, Educator Support throughout Section 121. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LICENSES FOR DEPLOYED ACTIVE DUTY, ACTIVATED RESERVE, AND NATIONAL GUARD MILITARY PERSONNEL. |
| HB 348 | Signed | S. Moore | This Act provides nationally certified occupational therapists with a salary supplement for receiving national certification. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BASIC SALARY SCHEDULE FOR SCHOOL-BASED PHYSICAL AND OCCUPATIONAL THERAPISTS. |
| HB 340 w/ HA 1 | Signed | Minor-Brown | Improving the quality of maternal health care and ensuring full access to it improves health outcomes and reduces preventable pregnancy-related deaths. The United States has one of the highest rates of maternal mortality among high-income countries and wide disparities by race that have been documented since rates separated by race were first published in 1935. Currently, Indigenous and Black women are dying at two to three times the rate of White women, Asian/Pacific Islander women, and Hispanic women. Investigating maternal deaths—specifically by obtaining information beyond vital statistics data—is imperative to understanding why people may die while pregnant, during labor and delivery, and in the postpartum period. (Source: Guttmacher Institute) Maternal mortality review is an essential component for improvement. Delaware added the review of maternal mortality to the duties of the existing Child Death Review Commission in 2008, however, the focus and processes of the Commission need improvement to match our evolving understanding of maternal morbidity and mortality as well as racial disparities. This Act changes the name of the Commission, from “Child Death Review Commission” to “Child and Maternal Death Review Commission” to reflect the intended dual focus of the Commission. The definition of “maternal death” is updated to include death during pregnancy or within a year from the end of pregnancy, and related to, or aggravated by, the pregnancy or birth, including death by suicide. The membership of the Commission is updated to include a midwife, a doula, and a member of a community group focused on women’s health, teen pregnancy, or public health. In making appointments to the Commission, the Governor is directed to consider the racial diversity of the membership. Most of the work of the Commission and death review panels is quite properly, closed to the public, to protect sensitive medical information and other protected personal information. However, to increase access to the work of the Commission, and to provide the Commission with the insight of diverse members of the public and with other public bodies addressing similar issues, the Act requires the Commission to hold at least one annual meeting jointly with the Delaware Perinatal Quality Collaborative to discuss findings, recommendations, and initiatives of that body. The Commission is also required to publicly post its draft report to the General Assembly and Governor and accept written public comment thereon, as well as hold a public meeting in each county to present its draft findings and recommendations and accept public comment. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD AND MATERNAL MORTALITY. |
| HB 343 w/ HA 1 | Signed | Minor-Brown | This Act requires that the Division of Medicaid and Medical Assistance to present a plan to the General Assembly by November 1, 2022 for coverage of doula services by Medicaid providers. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO MEDICAID COVERAGE FOR DOULA SERVICES. |
| HB 356 | Signed | Dorsey Walker | This Act terminates the Medical Marijuana Act Oversight Committee ("Committee"). After Joint Legislative Oversight and Sunset Committee's ("JLOSC") thoroughly reviewed the Committee, JLOSC concluded that the Office of Medical Marijuana ("Office") oversees a functioning medical marijuana program without support from the Committee. Since October 15, 2015, the Committee has made only 2 recommendations to the Office relating to the medical marijuana program and has not made recommendations to the Governor or the General Assembly. Therefore, the Committee is not meeting a public need. The termination of the Committee is made under JLOSC's authority to terminate an agency under § 10214 of Title 29, and without opposition from the Committee, the Office, or the Department of Health and Social Services. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEDICAL MARIJUANA ACT. |
| HB 367 w/ HA 1, HA 2 | Signed | Bennett | This Act makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities. This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”. 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 STATE COUNCIL FOR PERSONS WITH DISABILITIES. |
| HB 380 w/ HA 1 | Signed | Griffith | According to a survey conducted by the American Bar Association, 90 percent of early-career lawyers have student loans, averaging $130,000. The same survey found that Black borrowers accumulated more debt to obtain their law degree compared to other borrowers of other racial/ethnic backgrounds, and that most young lawyers who borrowed for their education reported that their debt caused them to delay or forego pursuing traditional life milestones, such as purchasing a home, marriage, and starting a family. According to the survey, an overwhelming majority of borrowers – roughly 80 percent – indicated their debt influenced their choice of job or career in some way. Most borrowers reported that salary factored more heavily into their job selection than anticipated. Nearly a third of the sample indicated their position was less focused on public service or doing good than intended when they started law school. In Delaware, the Office of Defense Services, and the Department of Justice, the primary employers of attorneys working for the state, found that student loan debt was an enormous burden. Attorneys reported monthly payments between $500 and $1,000 and debts exceeding $100,000. The student loan crisis, coupled with sizable salary pay gaps between the state and private sector, has created recruitment and retention issues in the legal sector of state government and has made it difficult to provide improved access to justice. This Act establishes a Student Loan Repayment Program for attorneys employed with the State of Delaware working as attorneys. The program allows qualified applicants to apply for a payment from the State to the applicant’s lending agency to pay a portion of the applicant’s student loan debt. The purpose of the program is to improve recruitment and retention for legal service providers at a time when the state is having difficulty attracting attorneys passionate about public service. The amount of the award shall be no less than $2,500 and no more than $5,000 annually for 10 years. There is a salary cap of $110,000. The program will be administered by the Criminal Justice Council and overseen by a committee of stakeholders in the state’s legal system. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PUBLIC ATTORNEY STUDENT LOAN REPAYMENT PROGRAM. |
| HB 374 w/ HA 1 + SA 1 | Signed | Wilson-Anton | This bill extends protections to homeowners in manufactured home communities even if their homes do not qualify as “manufactured homes” under the current definition of manufactured home. Currently there exists a population of Delawareans living in camper trailers on rented land. Due to this unique living situation these individuals are not protected under the landlord-tenant code or our state's manufactured housing laws. This act remedies this inequality for Delawareans who have lived in this situation for at least 5 years. Currently there exists a population of Delawareans living in camper trailers on rented land. Due to this unique living situation these individuals are not protected under the landlord-tenant code or our State's manufactured housing laws. This Act remedies this inequality for Delawareans who have lived in this situation for at least 5 years. | AN ACT TO AMEND TITLE 25 OF THE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE AND MANUFACTURED HOME AND MANUFACTURED HOME COMMUNITIES ACT. |
| HB 375 w/ HA 1 | Signed | Bolden | This Act establishes the Racial Equity Consortium (“Consortium”) for the purposes of studying and making recommendations to address the disparities and inequities faced by persons of color in this State. The African American Task Force, established by Senate Bill No. 260 of the 150th General Assembly (§ 39 of Chapter 243 of Volume 82 of the Laws of Delaware), recommended that the Consortium be established. The Consortium is charged, in part, with working to implement and continuing to study the findings of the Task Force. The Consortium’s membership includes representatives of organizations that are currently working on issues of racial justice to leverage existing resources and efforts, and to promote collaboration. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE RACIAL EQUITY CONSORTIUM. |
| HB 381 | Signed | Dorsey Walker | Delaware’s modern-day, statewide Family Court was established in 1971, unifying what had been multiple family law-related court systems throughout the state. In 1984, the Family Law Commission (“FLC”) was created to study and evaluate Delaware’s domestic relations, or family, laws and the Family Court’s rules and procedures; review legislation relating to family law and the Family Court; disseminate family law-related information to Delawareans; and engage in other related activities that it deemed appropriate. From its inception, FLC’s mandate and authority has been focused, limited to conducting public hearings, inviting written comments from the public, reviewing and commenting on family law-related legislation, and publishing information for the public. For many years, FLC served an important role in the progress and improvement of Family Court. Thirty-eight years after its creation, however, FLC is no longer serving a public need. Family Court celebrated its 50th anniversary in 2021; countless changes and improvements have been made to Family Court’s rules and procedures, as well as Delaware’s domestic relations laws. FLC, however, remains tasked with the same, limited duties as it first was tasked in 1984. This Act fulfills the Joint Legislative Oversight and Sunset Committee’s conclusion after a thorough review that FLC should be terminated. FLC’s role in the progress of the modern-day Family Court cannot be diminished, and it is a testament to its previous success that it is no longer needed to ensure a working Family Court in the State of Delaware. | AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE FAMILY LAW COMMISSION. |
| HB 382 | Signed | Dorsey Walker | This Act is a result of the Joint Legislature Oversight and Sunset Committee's ("JLOSC") review of the Division for the Visually Impaired ("DVI") and represents the collaboration of several state agencies and other stakeholders. The General Assembly originally codified DVI in 1909 as the Delaware Commission for the Blind, Delaware’s first state agency. DVI was established in § 7929, Title 29 in 1978 and housed under the Department of Health and Social Services. The JLOSC review and subsequent task force on DVI revealed changes needed under Title 14, 29, and 31. This Act modernizes the portions of Titles 14, 29, and 31 relating to persons with blindness, including: - Updating sections language pertaining to the federal Vocational Rehabilitation (“VR”) program, which includes the Business Enterprise Program. DVI is an approved VR agency under the federal program. The Rehabilitation Services Administration (RSA) is the federal agency who oversees DVI’s VR program. The RSA completes audits on DVI’s VR program and provides ongoing guidance and support. This Act makes amendments to areas identified in the JLOSC review process and by RSA during their recent audit. - Updating language in Title 14 relating to teacher certification. Teachers that DVI employs are certified teachers of the visually impaired and must meet all Department of Education (“DOE”) requirements. This area of law is extensively regulated under the DOE’s regulations relating to educational services to all children with disabilities, including blindness. See Regulation 925 of Title 14 of the Delaware Administrative Code. DVI worked in collaboration with the Department of Education on updates to Title 14 and removed outdated information on teacher certification. - Repealing Chapter 23, Title 31. Chapter 23 is outdated language that codified the duties of the previous entity, the Commission for the Blind. DVI does not provide the services under Chapter 23. - Correcting the title of the Council on the Blind in § 8210, Title 29. - Removing remaining references to the Commission on the Blind. - Replacing antiquated language with the appropriate phrase, “person with blindness” or "person with visual impairment." This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14, TITLE 29, AND TITLE 31 RELATING TO PEOPLE WHO ARE VISUALLY IMPAIRED. |
| HB 383 | Signed | Dorsey Walker | This Act repeals § 2117, Title 31, which relates to an individual who, by reason of loss or impairment of eyesight or hearing, has a right to be accompanied by a “seeing eye dog,” also known as a “guide dog,” in public conveyances; hotels; lodging places; all places of accommodation, amusement, or resort; and other places to which the general public is invited. This Act is a result of the Joint Legislative Oversight and Sunset Committee’s review of the Division for the Visually Impaired, and furthers the goal of modernizing Chapter 21, Title 31. Section 2117 is antiquated and no longer appropriate to include in Chapter 21, Title 31. The rights of an individual who is accompanied by a service dog are adequately and more appropriately protected through Chapter 45, Title 6 (Equal Accommodations), Chapter 95, Title 16 (Delaware White Cane Law); and § 1917, Title 2 (Transportation Networks – No discrimination; accessibility). | AN ACT TO AMEND TITLE 31 RELATING TO "SEEING EYE DOGS." |
| HB 384 | Signed | Dorsey Walker | This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of the Division for the Visually Impaired. Under this Act, the Delaware Industries for the Blind (“DIB”) is repealed. DIB closed operations in March 2017 after experiencing several challenges, including all of the following: - Responding to the recession. - Reduction of resources permitted for state agencies to award employee recognition rewards. - Being classified as a sheltered workshop. - An ineffective and inefficient business model that ultimately resulted in cash flow issues. This Act also makes needed updates to § 9606, Title 16, which relates to the Blind Enterprise Program, a program under Delaware’s Division of Vocational Rehabilitation, authorized by the federal Randolph-Sheppard Act, and monitored by the federal Rehabilitation Services Administration. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STATEWIDE CONTRACTS TO SUPPORT EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES. |
| HB 390 | Signed | Baumbach | This Act designates the Dryptosauridae as the official dinosaur of this State. Dryptosauridae bones have been found in the Chesapeake & Delaware Canal. The only other dinosaur bones that have been found in Delaware are those of a hadrosaurid, most likely Hadrosaurus foulkii, which New Jersey has already designated as its official state dinosaur. Students at Shue-Medill Middle School, in the Christina School District, researched and identified the Dryptosauridae as the best choice for the official state dinosaur for Delaware. The Delaware Museum of Nature and Science assisted the students with this research and the decision that the Dryptosauridae would be the best choice for Delaware’s official state dinosaur was reached through a school-wide vote. A reconstruction of a dryptosaurid skeleton, Dryptosaurus aquilunguis, will be on display in the new PaeloZone of the Delaware Museum of Nature and Science. Using their research, the students drafted the whereas clauses for this Act to explain the basis for their decision, which includes all of the following: 1. The Dryptosauridae was bird-like but was also a predator and is related to Tyrannosaurus rex. 2. Delaware’s state bird is the blue hen chicken, so it would be meaningful to have a bird-like state dinosaur. 3. Delaware is also home to the Dover Air Force Base, and this dinosaur relied on speed to escape from predators and was incredibly fast. 4. The Dryptosauridae went to the ancient shoreline, but feasted on land like Delaware’s shore birds do now, so it is a reminder of Delaware's ecosystems and how populations, birds, and sea life must be protected. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DESIGNATING THE DRYPTOSAURIDAE THE OFFICIAL DINOSAUR OF DELAWARE. |
| HS 1 for HB 377 | Signed | S. Moore | This Act requires the Department of Education to conduct an annual workforce study of early childhood professionals to support the development of a plan and implementation of a system of supports to grow and deepen the early childhood workforce. The first study is due by November 15, 2022, the plan by January 31, 2023, and implementation of the system should be in place by September 1, 2023. The COVID pandemic revealed and heightened an existing difficulty in attracting and maintaining well qualified professionals in child care jobs, which are frequently low-paying compared to K-12 jobs. Since reliable, widely available, high quality child care options are a foundation for the whole workforce, and because the early childhood years are so important to childhood development and school readiness, it is a priority for the State that this crisis be addressed in a systematic, holistic fashion. The Department of Education is tasked with leading this rethinking and prioritization of early childhood careers – through the development of reliable data systems which can help bring living wages, financial and other support for academic and credential attainment, and coordination with CTE programs and institutions of higher education to uplift the profession and support individuals seeking to make a career in early childhood education. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION. |
| HB 417 | Signed | Griffith | In cases where the Family Court finds that there are sufficient grounds to order the removal of a child from their home and the Family Court orders custody of the child to the Division of Family Service (DFS), DFS often partners with law enforcement to enforce the order. There have been rare cases where a parent or legal guardian refuses to respond to DFS and law enforcement’s attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the child’s safety. Currently, it is unclear under the Delaware Code whether law enforcement is authorized to enter private property to enforce a Family Court custody order, even after all other avenues and strategies have been exhausted by DFS and law enforcement. The Act clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child. | AN ACT TO AMEND TITLES 10, 13, 16 AND 29 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF FAMILY COURT CUSTODY ORDERS. |
| HB 428 w/ HA 1 | Signed | Longhurst | All too often, persons who produce or transmit images of partially nude children cannot be prosecuted under our current statutes because our current statutes only criminalize images of a child engaging in a sexual act or if the child is nude. This bill seeks to remedy this problem by adding “partial nudity” to the definition of “prohibited sexual act”. By doing so, this bill criminalizes the photographing or filming of a partially nude child as well as the production, publication, transmission, selling, distribution, and dissemination of photographs or images of partially nude children if the child in such image or photograph is scantily clothed, posed provocatively, or otherwise posed with the obvious intent to arose, and such image of photograph is intended for the purpose of sexual stimulation or gratification of any individual who may view such image or photograph. Under this bill, such crime would be a class D felony punishable by up to an 8-year jail sentence. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES RELATING TO CHILDREN. |
| HB 436 | Signed | Chukwuocha | This bill extends the dates in which the recommendation and plan of the Redding Consortium for Educational Equity must be reviewed and acted upon by the State Board of Education. The extension is necessary due to delays mostly caused by the COVID pandemic. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE REDDING CONSORTIUM FOR EDUCATIONAL EQUITY. |
| HB 438 w/ HA 1 | Signed | Dorsey Walker | This Act is part of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Delaware Nursing Home Residents Quality Assurance Commission ("DNHRQAC") and the recommendations that JLOSC approved during its review. This Act specifies the matters that DNHRQAC must include in its annual report, and 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 DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION. |
| HB 439 | Signed | Dorsey Walker | This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Water Infrastructure Advisory Council ("WIAC"). This Act clarifies quorum, removes a prohibition against WIAC members voting when attending a meeting virtually, and authorizes WIAC to adopt procedural rules to carry out its functions. 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 RELATING TO THE WATER INFRASTRUCTURE ADVISORY COUNCIL. |
| HB 441 | Signed | K. Williams | This Act provides an alternative means for an educator to demonstrate competency and achieve a standard certificate beyond simply passing a content exam, such as the Praxis II. For those who are within 2 standard errors of measurement of the passing score, a certificate will be issued if the applicant has either (i) a GPA of 3.5 or higher; or (ii) a GPA between 3.0 and 3.49 and demonstrated competency through micro-credentialing, successful completion of a residency, or passing scores on performance assessments. Special education, administrator, and specialist certifications are not available through this alternate measure. This Act sunsets 1 year after its enactment unless extended through a subsequent act of the General Assembly. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE AND CERTIFICATION. |
| SB 308 w/ SA 1 + HA 2 | Signed | Mantzavinos | This 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 457 | Signed | Dorsey Walker | This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Delaware Interscholastic Athletic Association ("DIAA"). As part of JLOSC's review of DIAA, JLOSC recommended the following updates to the DIAA statute, which this Act fulfills: - Establish term limits for certain DIAA Board members of no more than 3, 3-year terms for a total of 9 years. - Add language to address the removal of a board member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance. - Change DIAA Board member composition to add a third school district superintendent or assistant superintendent to create equitable representation among all 3 counties in this State; add a third nonpublic school representative; ensure that 1 of the 6 public members is a parent of a current or recent student athlete from a member school; and make the Department of Education member a voting member. - Clarify quorum and number of votes required to approve an act of the DIAA Board. - Authorize DIAA to pursue sponsorship opportunities and other non-tournament related revenue streams, and the purchase of general liability insurance relating to the rental of non-State venues for DIAA-sponsored events. - Clarify when a member's county of residence is a qualification versus the county in which the school the member is representing is a qualification. - Make technical corrections throughout DIAA's statute, to conform existing law to the standards of the Delaware Legislative Drafting Manual. Among the technical corrections is correction of references to the “state Board” when the references are intended to use the defined term “State Board” for the State Board of Education. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION. |
| HB 462 w/ HA 1 | Signed | Griffith | This Act permits multidisciplinary team members to share information freely amongst themselves to better protect the welfare of abused children in the State of Delaware. This Act also establishes a framework for parties in Family Court civil proceedings to have access to records created and maintained by a child advocacy center related to forensic interviews it conducts such that the Family Court can utilize those records to avoid retraumatizing children by having to interview them again as part of court proceedings. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN. |
| SB 8 w/ SA 1 + HA 1 | Signed | Sokola | This 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. |
| SJR 7 | Signed | Pinkney | This Act vacates the parkland dedication for approximately .204 acres of Tax Parcel No. 10-023.00-001 (Parkland Property). The removal of the parkland dedication allows for New Castle County to transfer that portion of the Parkland Property under § 1521(e) of Title 9 and as set forth in the Settlement Agreement between the Department of Transportation (DelDOT) and a private property owner, Dash In, to resolve a condemnation action filed by DelDOT. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the .204 acre portion of the Parkland Property as parkland and under the Settlement Agreement, New Castle County will receive approximately .204 acres of land in close proximity to the Parkland Property. | VACATING THE PARKLAND DEDICATION OF APPROXIMATELY .204 ACRES OF NEW CASTLE COUNTY TAX PARCEL NO. 10-023.00-001. |
| HB 475 | Signed | Heffernan | This 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. |
| HCR 108 | Passed | Longhurst | This concurrent resolution recognizes the month of September 2022 as Alopecia Awareness Month. | DESIGNATING SEPTEMBER 2022 AS ALOPECIA AWARENESS MONTH IN THE STATE OF DELAWARE. |
| HCR 110 | Passed | Mitchell | This concurrent resolution establishes the Long-Term Care and Memory Care Task Force. | ESTABLISHING THE LONG-TERM CARE AND MEMORY CARE TASK FORCE. |
| SA 1 to HB 374 | Passed | Townsend | This Amendment removes the requirement that a camper trailer does not need to have been on the land for 5 years to qualify as a manufactured home under the new definition created by this Act. Additionally, this Amendment prohibits new leases for camper trailers, RVs, motor homes, or similar vehicles except for anyone who currently lives in such a vehicle which is already in the community. Last, this Amendment clarifies how such manufactured homes are treated when a manufactured community owner initiates a change of use in the land, specifically that owners of camper trailers or similar vehicles do not receive any compensation from the DEMHRA Trust Fund for the relocation of their home, but if they choose to abandon their home, such owners would receive the same minimum compensation from the Trust Fund as required for other manufactured homes. |
Legislation Passed By House of Representatives
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| SB 211 w/ SA 1, SA 2 | Signed | Mantzavinos | This Act prohibits employers from requesting or requiring that an applicant for employment disclose the applicant’s age, date of birth, or dates of attendance or graduation from an educational institution in an initial application for employment, unless the employer is requesting the information because of a bona fide occupational qualification or to comply with state or federal law. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES. |
| SB 228 w/ SA 1 | Signed | Walsh | This bill allows licensed veterinary technicians, as well as licensed veterinarians, to administer rabies vaccinations to dogs, cats, and ferrets. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO VETERINARY TECHNICIANS. |
| HB 334 w/ HA 2 + SA 1 | Signed | Bentz | This 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. |
| SB 247 w/ SA 1 | Signed | Gay | By this Act, Delaware would join the Interstate Occupational Therapy Licensure Compact (OT Compact). The OT Compact is an interstate compact, or a formal agreement among states, to facilitate the interstate practice of occupational therapy. Under the OT Compact, Occupational Therapists (OTs) and Occupational Therapy Assistants (OTAs) who are licensed and in good standing in a Compact member state may practice in other Compact member states via a “compact privilege,” which is equivalent to a license. This will remove the need for practitioners to get an individual license in each state where they want to practice. The OT Compact is the same in form and function as other occupational licensure compacts like the Nurse Multistate Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 19A), the Physical Therapy Compact (adopted by Delaware, 24 Del. C. Ch. 26C) and the Interstate Medical Licensure Compact (adopted by Delaware, 24 Del.C. Ch. 17A). The OT Compact authorizes in person practice and telepractice based on a valid, unrestricted home state license in other Compact member states for both Occupational Therapists (OTs) and Occupational Therapy Assistants (OTAs) The American Occupational Therapy Association is leading the initiative in collaboration with the National Board for Certification in Occupational Therapy. The National Center for Interstate Compacts at the Council of State Governments facilitated the development of the OT Compact and is providing technical assistance. The OT Compact has been adopted by ten states: Colorado, Georgia, Maine, Maryland, Missouri, New Hampshire, North Carolina, Ohio, Virginia, and Wisconsin. The OT Compact is pending before the legislatures of thirteen other states. The OT Compact establishes a licensure data system allowing for instantaneous verification of licensure information. The Compact also establishes an interstate commission, composed of member state officials, to carry out the Compact’s purposes. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS AND THE INTERSTATE OCCUPATIONAL THERAPY LICENSURE COMPACT. |
| SS 1 for SB 208 | Signed | Walsh | Senate Bill No. 208 clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available on the next payday after an employee quits, resigns, is discharged, suspended, or laid off. Senate Substitute No. 1 for Senate Bill No. 208 revises these clarifications so it is clear which sections of existing law, §§ 1104 and 1107 of Title 19, provide the basis for an employer to have reasonable grounds to dispute that an employee is owed wages, and like SB 208, does not make any changes to existing law regarding when an employer may withhold or divert any portion of an employee’s wages: 1. Section 1104 of Title 19 requires that in a dispute over the amount of wages, the employer must pay all wages conceded by the employer to be due and the employee may pursue a claim for any balance claimed. 2. Section 1107 of Title 19 prohibits an employer from withholding or diverting any portion of an employee’s wages unless required or empowered to do so by state or federal law. Since 1979, Regulation 1328 of Title 19 of the Delaware Administrative Code has provided that an employer may, under written agreement, withhold wages for a cash advance or the value of goods and services, but withholding wages for damaged or unreturned property is a violation of § 1107 of Title 19. Specifically, Senate Substitute No. 1 for SB 208 differs from SB 208 by doing the following: 1. In subsection (a), includes the changes from Senate Amendment No. 1 to SB 208, which clarify the manner that final wages earned by a former employee must be provided and a date by which that payment must be made. The date by which an employer must pay final wages changes current law by extending the time, allowing an employer to make this payment the later of the next regular pay cycle or 3 days after the last day the employee worked. 2. In subsection (b), clarifies that §§ 1104 and 1107 of Title 19 provide the reasonable grounds that may be a basis for an employer to dispute that an employee is owed wages. 3. In subsection (c), revises the correction of the grammar in existing law so that it is clear that an employer is not in violation of Chapter 11 of Title 19 if the employer is unable to prepare payroll due to a labor dispute, power failure, weather catastrophe, epidemic, fire, or explosion. Like SB 208, this Substitute Bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYER'S FAILURE TO PAY WAGES. |
| SB 257 | Signed | Gay | This Act is an interstate compact called the Multistate Professional Counselor Licensure Compact, and it facilitates the interstate practice of licensed professional counseling. The Counseling Compact allows a counselor who is licensed in their home state and has not had any encumbrances on their license within the last 2 years to obtain the ability to practice counseling in other states participating in the Compact if the counselor satisfies the requirements, including completion of a criminal background check. A counselor must comply with the rules of any state in which they are practicing. Any state in which the counselor practices has the authority to remove the counselor's ability to practice in their state for a specific period of time, impose fines, and take other actions necessary to protect the health and safety of its citizens. If the counselor's home state license becomes encumbered, the counselor will lose the ability to practice interstate under the Compact until their home state license is no longer encumbered and at least 2 years have passed. Additionally, the Compact establishes protections, including data sharing requirements between participating states to enhance the exchange of licensure, investigative, and disciplinary information among participating states. The Compact establishes a commission to administer the Compact, and establishes that each participating state will have one delegate that serves on the Commission. The Compact also has a special provision to make it easier for active duty military personnel or their spouses who are counselors to practice counseling despite frequent moves. Counselors do not have to participate in the Compact to practice; counselors may choose to only apply for their state's license or to apply for licenses in other states without going through the Compact. The Counseling Compact must be enacted in 10 states to become effective. As of March 26, 2022, the Counseling Compact has been enacted in 6 states. The Compact is pending in 16 other states. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A MULTISTATE PROFESSIONAL COUNSELOR LICENSURE COMPACT. |
| SB 259 | Signed | Gay | This bill increases the amount of funds deposited into the Investor Protection Fund from money collected by the Investor Protection Unit from $100,000 to $550,000. In addition, it increases the retention cap of the Investor Protection Fund from $300,000 to $750,000. Lastly, it expands the permissible uses of the Investor Protection Fund to include expenses of the Fraud and Consumer Protection Division of the Department of Justice (DOJ) related to consumer protection and financial fraud. The Investor Protection Fund receives revenues from fees collected by the Unit, as well as any settlement recoveries of the Unit. It is largely used to pay the non-personnel expenses of DOJ’s Investor Protection Unit, which is a part of DOJ’s Fraud and Consumer Protection Division. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE INVESTOR PROTECTION FUND. |
| SS 1 for SB 240 | Signed | Sturgeon | This Act prohibits landlords from renting a dwelling unit that the landlord knows has a current bed bug infestation. This Act also obligates landlords to notify prospective tenants if an adjacent unit or units are currently infested with or are being treated for bed bugs. In addition, the Act sets forth the steps a landlord must take upon receiving notice of an actual or suspected bed bug infestation, including acknowledging the complaint, inspecting or obtaining investigatory services from a pest management professional, obtaining remedial services from a pest management professional, notifying tenants of inspection, remediation, notifying tenants of the pest management professional's determination regarding the infestation, and maintaining a written record of all complaints and control measures provided for a period of 2 years. Further, the Act provides that if notice of an actual or suspected bed bug infestation is provided within 60 days after occupancy or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the landlord is responsible for the costs of investigating and remediating the infestation; if the notice is provided more than 60 days after occupancy and not within 30 days of discovery of a bed bug infestation in an adjoining unit, the landlord is responsible for investigating and remediating the infection, but the tenant shall share in the responsibility for the reasonable costs of the investigation and remediation. | AN ACT TO AMEND TITLES 25 AND 31 OF THE DELAWARE CODE RELATING TO BED BUGS. |
| SB 267 w/ HA 1 | Signed | Mantzavinos | The bill requires that third-party cost-sharing assistance utilized by patients is applied toward the enrollee's health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to patient’s deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE TO ENSURE FAIRNESS IN COST-SHARING FOR PRESCRIPTION DRUGS. |
| SB 268 | Signed | Gay | This 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 272 w/ SA 1 | Signed | Gay | By this Act, Delaware would join the Audiology and Speech-Language Pathology Interstate Compact (the “Compact”). The Compact is an interstate compact, or a formal agreement among states, to facilitate the interstate practice of audiology and speech language pathology. Under the Compact, audiologists and speech-language pathologists (collectively, “practitioners”) who are licensed and in good standing in a Compact member state may practice in any other Compact member states via a “compact privilege,” which is equivalent to a license. This will remove the need for practitioners to get an individual license in each state where they want to practice. The Compact is the same in form and function as other occupational licensure compacts such as the Nurse Multistate Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 19A), the Physical Therapy Compact (adopted by Delaware, 24 Del. C. Ch. 26C) and the Interstate Medical Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 17A). The Compact authorizes in-person practice and telepractice based on a valid, unrestricted home state license in Compact member states. The Compact has been adopted by 17 states: Alabama, Colorado, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, New Hampshire, North Carolina, Ohio, Oklahoma, Utah, West Virginia, and Wyoming. The Compact is pending before the legislatures of 9 other states. The Compact establishes a licensure data system allowing for instantaneous verification of licensure information. The Compact also establishes an interstate commission, composed of member state officials, to carry out the Compact’s purposes. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS AND THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT. |
| SB 271 | Signed | Gay | The 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. |
| SB 277 | Signed | S. McBride | This Act increases opportunities for federally qualified health centers (“FQHC”) and government-operated dental clinics to serve the indigent and other underserved communities with dental care and improves flexibility with updated provisional licensing processes for FQHC and government-operated dental clinic applicants. This Act assists FQHCs and government-operated dental clinics in recruiting dentists to serve those most in need. This Act adds FQHCs to the Delaware Institute for Dental Education and Research Board. This Act creates the Dental Care Access Task Force (“Task Force”) to examine and recommend a course of action to address all of the following: (1) Dental care access, including for underserved populations and communities. (2) Dental licensure practices and requirements. (3) Dental provider type and scope of practice. (4) Dental provider recruitment and retention strategies. (5) Dental insurance networks and coverage, including for the uninsured and underinsured. The Task Force must submit its report no later than February 1, 2023. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO DENTISTRY AND DENTAL HYGIENE. |
| SB 280 | Signed | S. McBride | This Act requires medical marijuana compassion centers and safety compliance facilities that have 20 or more employees to have a labor peace agreement with 1 more bona fide labor organizations. This Act defines "labor peace agreement" as an agreement between an employer and a labor organization that, at a minimum, includes all of the following: 1. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. 2. Prohibits the employer from disrupting efforts by the bona fide labor organization to communicate with and attempt to organize and represent employees. 3. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LABOR PEACE AGREEMENTS AND MEDICAL MARIJUANA. |
| SB 288 w/ SA 1 | Signed | Ennis | This bill would create a pilot program whereby motorcyclists are permitted to use flashing headlights as a way to alert other drivers of their presence, without allowing the use of flashing lights that would otherwise be used on emergency vehicles. The bill aims to protect motorcyclists on Delaware’s roads and has a sunsetting provision that will allow time for further traffic studies to determine the effectiveness of this pilot program. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORCYCLE SAFETY. |
| SB 295 | Signed | Gay | This Act clarifies that the Attorney General’s right of access under Title 29, Section 2508(b) to the books, papers, records, and other documents of the State does not apply for purposes of discovery in any civil litigation brought by or on the relation of the Attorney General, except for the Department of Justice’s own documents. This Act is intended to ensure that state agencies, departments, boards, officers, instrumentalities, and commissions will have the discovery protections afforded to non-parties in such litigation by applicable rules of civil procedure or state or federal law. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ATTORNEY GENERAL ACCESS TO STATE DOCUMENTS. |
| SB 298 | Signed | Hansen | This bill amends provisions in Title 26 of the Delaware Code, Section 1014, related to rules and regulations promulgated by the Public Service Commission, municipal electric companies, and electric cooperatives on the subject of net energy metering. The bill accomplishes the following: - Increases the cap at which electric utilities may elect not to provide net metering services from the current 5% to 8%. - Provides that net metering rules and regulations must consider the reliability, safety, and capacity of the affected electric distribution system. - Clarifies the definition of an “Excess kWh Credit." - Defines the value to be assigned to “Excess kWh Credits” and provides that the value does not include charges for “Societal benefits programs.” - Defines the term “Societal benefits program” to include the Green Energy Fund, the Low Income Fund, and other charges which benefit the public at large. - Provides that Commission-regulated electric utilities, municipal electric companies, and electric cooperatives shall not reimburse, credit, or otherwise remunerate net energy metering customers for any “Excess kWh Credits” at the end of the annualized billing period, and that “Excess kWh Credits” will revert to the electric distribution company at the end of the annualized billing period. - Provides that Section 1014(e)(1) does not apply to community-owned energy generating facilities. - Provides that, if a net metering customer abandons the property where the energy-generating equipment is located, the equipment may remain connected to the electric distribution system unless the equipment presents a risk to the safety and reliability of the system. - Includes provisions for adding new meters to maintain system safety and reliability, and caps the cost for such meters for residential customers at $200. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET-METERING. |
| SB 313 | Signed | Sturgeon | This Act expands the period in which an ARTC program participant must meet the program requirements to obtain standard certification from 2 years to 3 years. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER LICENSURE AND CERTIFICATION. |
| SCR 112 | Passed | Wilson | This Concurrent Resolution recognizes September 2022 as "Prostate Cancer Awareness Month" in the State of Delaware | RECOGNIZING SEPTEMBER 2022 AS "PROSTATE CANCER AWARENESS" MONTH IN THE STATE OF DELAWARE. |
| SB 307 w/ HA 1 | Signed | Poore | This bill reflects the reality that “grooming” children for the purpose of committing crimes of sexual violence against them is often preceded by conduct that perpetrators know will make the child particularly susceptible to abuse. The bill requires proof that a person has engaged in three or more specific instances of conduct proscribed by the statute. Each of these predicate acts would not otherwise be considered criminal conduct, so the bill requires proof of a pattern of conduct aimed at a specific outcome. By outlawing “grooming,” the State will be explicitly empowered to stop a predator who engages in certain conduct with the intent to entice, persuade, induce, or coerce a child into participating in a sexual act with the perpetrator. A conviction for “grooming” is a stand-alone offense and is a felony punishable by up to 3 years in jail. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE. |
| SB 315 | Signed | Walsh | This Act makes substantial changes to clarify and modernize § 2347 of the Workers’ Compensation Act, Chapter 23 of Title 19 of the Delaware Code, as follows: (1) Subsection (a) incorporates recent Industrial Accident Board rulings governing the frequency with which petitions to modify workers’ compensation agreements may be raised. (2) Subsection (e) clarifies pleading requirements for petitions to review, which helps the Department of Labor in docketing of Petitions and attorneys in preparing pleadings for filing. (3) Subsection (h) expands methods of service of process of petitions to permit utilization of private mail services, traditional process servers, and electronic service to respondents who are attorney represented. This subsection also explicitly defines what must be submitted to the Department of Labor as proof of service. (4) Subsection (j) codifies the process by which default or “read-in” hearings have proceeded before the Industrial Accident Board under § 2347 for over 30 years. (5) Subsection (k) clarifies whether and to what extent Workers’ Compensation Fund wage replacement benefits are available to injured workers during the pendency of petitions to review. The clarifications provided for both the Department of Labor and the claimant’s bar will streamline the process so that injured workers will experience fewer interruptions or delays in the payment of benefits than under the current law. Also included are protections for the Workers’ Compensation Fund to ensure that there are not overpayments. This Act is the product of the work of the workers’ compensation claimants bar, defense bar, and the Department of Labor, and the underlying intent of this Act is to streamline processes and limit unnecessary litigation that has occurred in recent years as a result of lack of clarity in § 2347. This Act furthers the public policy behind various changes to the Workers’ Compensation Act in the last 15 years to mitigate insurance rates for Delaware businesses while simultaneously ensuring that the interests of the State’s injured workers are protected. | AN ACT TO AMENT TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION. |
| SB 316 w/ SA 1 | Signed | Pinkney | This 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. |
| HA 1 to HB 459 | Passed | Shupe | This amendment makes technical corrections. | |
| SB 318 | Signed | Gay | This 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 321 w/ SA 1 | Signed | Pinkney | This 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. |
| SB 322 w/ SA 1 | Signed | Walsh | This bill ensures equal access to diaper changing tables in restrooms in public buildings regardless of the gender for which the restroom is designed. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY. |
| SB 320 w/ SA 2, SA 27 | Signed | Gay | This 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. |
| SCR 117 | Passed | Hocker | This Concurrent Resolution recognizes November 2022 as "Autoimmune Disease Awareness Month" in the State of Delaware. | RECOGNIZING NOVEMBER 2022 AS "AUTOIMMUNE DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE. |
| SB 328 | Signed | Sokola | This 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. |
| SCR 118 | Passed | Bonini | This resolution designates October 17-23, 2022 as "Free Speech Week" in the State of Delaware | DESIGNATING OCTOBER 17-23, 2022 AS "FREE SPEECH WEEK" IN THE STATE OF DELAWARE. |
| SCR 119 | Passed | Paradee | This Senate Concurrent Resolution extends the congratulations and best wishes of the members of the Delaware General Assembly to the students, staff, and directors of the Elizabeth W. Murphey School in recognition of the 100th Anniversary of the founding of the school in October 1922. | MARKING THE 100TH ANNIVERSARY OF DOVER’S ELIZABETH W. MURPHEY SCHOOL. |
| SCR 122 | Passed | Bonini | This concurrent resolution proclaims Thursday, October 6, 2022, as “National Coaches Day” in the State of Delaware. | PROCLAIMING THURSDAY, OCTOBER 6, 2022, AS "NATIONAL COACHES DAY" IN THE STATE OF DELAWARE. |
| SCR 121 | Passed | Bonini | This concurrent resolution proclaims the month of October 2022 as “Depression Awareness Month” in the State of Delaware. | DESIGNATING THE MONTH OF OCTOBER 2022 AS "DEPRESSION AWARENESS MONTH" IN THE STATE OF DELAWARE. |
| SCR 124 | Passed | Walsh | This Concurrent Resolution recognizes the month of June 2022 as Myasthenia Gravis Awareness Month. | RECOGNIZING THE MONTH OF JUNE 2022 AS MYASTHENIA GRAVIS AWARENESS MONTH. |
| HA 1 to SB 267 | Passed | Griffith | This amendment resolves a technical error. | |
| HA 1 to SB 307 | Passed | Longhurst | This Amendment corrects the name of the crime in the penalty provision. This amendment also makes a technical correction to the Act. |
Senate Committee Assignments
| Committee |
|---|
| Banking, Business & Insurance |
| Elections & Government Affairs |
| Executive |
| Finance |
House Committee Assignments
| Committee |
|---|
| Agriculture |
| Appropriations |
| Public Safety & Homeland Security |
Senate Committee Report
| Committee |
|---|
| Banking, Business & Insurance |
| Corrections & Public Safety |
| Education |
| Executive |
| Finance |
| Health & Social Services |
| Housing |
| Judiciary |
House Committee Report
| Committee |
|---|
| Administration |
| Appropriations |
| Economic Development/Banking/Insurance & Commerce |
| Public Safety & Homeland Security |
Senate Defeated Legislation
No Senate Defeated Legislation
House Defeated Legislation
| Bill | Current Status | Sponsor | Synopsis | Title |
|---|---|---|---|---|
| HA 1 to SB 320 | Defeated | Shupe | This amendment changes the effective date to January 1, 2023. |
Nominations Enacted upon by the Senate
No Records