Daily Report for 6/30/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to SS 1 for SB 270StrickenCollinsThis amendment obligates the Department of Education to provide each school district with a list of the required minimum standards of good repair for each of the facility categories outlined as required under the Standard of Good Repair under Delaware Code, Title 14, Chapter § 2307(c) . It removes the requirement of a school district to annually present the completed inspection findings at a public school board meeting. It also ensures the report of the facility inspection findings and the board approved repair and maintenance plans submitted will be confidential. 
SB 345CommitteePinkneyThis Act modernizes Delaware’s probation system by doing the following: (1) Ending incarceration of probationers for technical violations. (2) Enabling the customization of conditions of probation to meet individual needs. (3) Requiring the collection and publication of data on probation. (4) Investing in community-based re-entry programs. (5) Limiting probation terms to 1 year. Specifically, the Act does all of the following Section 1 of this Act adds a definition for “willful”, as used throughout the Act. Section 2 of this Act does the following: (1) Requires probation officers to use the least liberty-restrictive means to enhance compliance to conditions. (2) Requires the probation officers not impose special conditions with which a person cannot in good faith comply. Probation officers must also assess whether the person has the necessary resources to comply with the condition. (3) Changes that any proceeds gained from seizures in conducting business with federal authorities must go to contracting with community-based re-entry programs providing evidence-based services. Section 3 of this Act does the following: (1) Removes the prohibition on an incarcerated person receiving access to the Department of Correction’s (“Department”) policy & procedure manuals. (2) Removes prohibition on the disclosure of Department policies and procedures except on the written authority of the Commissioner. Section 4 of this Act does the following: (1) Requires that a condition of probation established by Department may not involve a greater deprivation of liberty than is necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the person on probation. (2) Prohibits the imposition of a condition of supervision that requires paying court fines, fees, supervision-related fees, and supervision-mandated programs. (3) Authorizes the Department to use alternate methods of reporting such as audiovisual communications. (4) Requires the Department to not pursue sanctions for use of drugs or alcohol, failure to complete a program when the costs were unable to be met, failure to follow conditions when mental health conditions prevent compliance, and failure to comply with broad conditions that are impossible to follow. (5) Requires the Department to bear the cost of house arrest programs. (6) Sets criteria for the use of house arrest. Section 5 of this Act reduces the maximum length of the period of probation. Section 6 of this Act does the following: (1) Outlines the process for revoking probation, including the timing of revocation and requirements of revocation proceedings. (2) Requires that incarceration cannot be used for any technical violation and sets a limit on period of incarceration for other violations. Section 7 of this Act repeals the fee for a person applying for an interstate transfer of probation under the Interstate Compact for Adult Offender Supervision. Section 8 of this Act does the following: (1) Replaces the forfeiture of earned compliance credit with a process for withholding or revoking earned credits. (2) Repeals certain offenses being excluded from being able to gain earn compliance credit. (3) Requires the Department to provide those on probation with a supervision report with credit earned and time remaining on probation every 90 days. Section 9 of this Act repeals the required $200 probation fee. Section 10 through 13 of this Act requires the Statistical Analysis Center to publish data related to the probation system. Sections 14 through 17 of this Act removes the requirement that individuals on probation or parole have to have permission before getting married. Section 18 repeals the restriction on the disclosure of public records in the Department’s possession when these records are sought by an inmate in the Department’s custody. AN ACT TO AMEND TITLE 11, TITLE 13, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROBATION.
HR 26PassedSmykThis Resolution requests the Attorney General’s Office, the Director of the Delaware Justice Information System (“DELJIS”), and the Secretary of Health and Social Services to provide reports to the General Assembly that will provide information regarding the effectiveness of the current “Red Flag Laws”, as well as other statistics that may provide more insight so that in the future, the General Assembly might refine said laws, further protecting Delaware citizens from violence due to firearms.REQUESTING THE DEPARTMENT OF JUSTICE AND DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO ISSUE REPORTS REGARDING THE EFFECTIVENESS OF THE RED FLAG LAWS AND OTHER RELEVANT STATISTICS.
HB 491CommitteeBushThis Act directs that principal residence for purpose of this section may be proven by providing a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the applicant and the signing of an affidavit on a form created by the Secretary that provides such person is not receiving a similar benefit in any other state. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DISABLED VETERANS’ SCHOOL TAX CREDIT.
SR 34PassedGayThis resolution directs the Department of Health and Social Services to prepare reports on the Purchase of Care Program and directs the Department of Education to prepare reports on child care capacity. DIRECTING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO PREPARE REPORTS ON THE PURCHASE OF CARE PROGRAM AND DIRECTING THE DEPARTMENT OF EDUCATION TO PREPARE REPORTS ON CHILD CARE CAPACITY.
SA 1 to HB 183StrickenWilsonThis amendment is required because the Delaware Constitution requires a candidate for the Delaware Senate, or the Delaware House of Representatives, to be a resident of the district in which he or she shall be chosen at least 1 year next preceeding their election. 
SCR 129Passed SenateBoniniThis concurrent resolution creates the School Violence Prevention Task Force to make findings and recommendations to ensure students and teachers are safe from violence at school. CREATING THE SCHOOL VIOLENCE PREVENTION TASK FORCE TO MAKE FINDINGS AND RECOMMENDATIONS TO ENSURE STUDENTS AND TEACHERS ARE SAFE FROM VIOLENCE AT SCHOOL.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 26 w/ SA 1 + HA 1PassedSokolaThis Act requires that meetings of the Board of Trustees for the University of Delaware, Delaware State University, and Delaware Technical and Community College must be livestreamed using technology that permits the public to hear all participants contemporaneously. This Act also requires that recordings of the livestreamed meetings must be maintained on a public website. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a corporation for educational purposes sustained in whole or part by the State, including the University of Delaware and Delaware State University.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIVESTREAMING BOARD MEETINGS OF THE UNIVERSITY OF DELAWARE, DELAWARE STATE UNIVERSITY, AND DELAWARE TECHNICAL AND COMMUNITY COLLEGE.
HB 61 w/ HA 1PassedSmykThis bill creates a special license plate for Combat Veterans.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
HB 148PassedYearickCurrently if a municipality or other governmental unit employs a police officer who has within 2 years completed mandatory training while in the employ of another municipality or governmental unit, the new employer reimburses the prior employer. This act changes the reimbursement if the change of employment occurs within 4 years, and changes the yearly rate of reimbursement to reflect the new time period to $40,000 for one year, $30,000 for two years, $20,000 for three, and $10,000 for four years .AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE POLICE TRAINING PROGRAM.
HB 183 w/ HA 2 + SA 2SignedHensleyThis Act creates a process for the Commissioner of Elections to determine if a candidate or an incumbent elected official for a State or county elected office are residents of the district or area they represent or seek to represent. This Act does not apply to municipalities. The purpose of this Act is to require all candidates for State or county elected offices and incumbent elected officials to have their primary residential address in the area or district they represent or seek to represent.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO RESIDENCY.
HB 193 w/ HA 3 + SA 1SignedD. ShortThis bill seeks to provide the State Fire Commission with the authority to hear and resolve disputes filed by members of the public or fire companies with respect to firefighting activities by individual firefighters and fire companies. The Commission may utilize existing regulations to hear such disputes or many promulgate additional regulations consistent and in furtherance of this subsection. This bill also authorizes the Commission and its staff to investigate fires where firefighters are injured and to issue investigative reports detailing findings and conclusions. Finally, the bill provides immunity to the Commission and its staff for activity authorized by this section. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE DELAWARE STATE FIRE PREVENTION COMMISSION.
HB 197PassedGrayThis bill modernizes the fees agents who sell Delaware State Park permits and Surf Fishing Vehicle permits may now impose. Licensing agents may now add a service charge of up to $2.50 for a state park permit, and a service charge of up to $5.00 for a surf fishing vehicle permit.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SERVICE CHARGES OF LICENSING AGENTS.
HB 244 w/ HA 2PassedLynnRecognizing the negative impact of criminal justice imposed financial obligations on defendants has led to reforms across the country to reduce the financial burdens that disproportionally impact the poor. This type of debt and the collateral consequences of suspending a driver’s license negatively impacts the rehabilitation of those in the criminal justice system and pushes those without an ability to pay further into the system unnecessarily. This Act does all of the following: (1) Prohibits a court from imposing a fine, fee, cost, or assessment on children without the means to pay them. (2) Provides the courts with the discretion to waive, modify, or suspend any fine, fee, cost, or assessment. (3) Prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. (4) Prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines. (5) Requires the Judiciary and the Delaware Criminal Justice Information System to report on the sum collected from fines, fees, costs, assessments, and restitution and make a public report of these totals. (6) Eliminates the Public Defender fee and the Probation Supervision fee. The collections from these fees currently go to the General Fund. (7) Creates the Criminal Legal System Imposed Debt Study Group to review the impact that court imposed financial obligations have on defendants and victims and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. (8) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 10, TITLE 11, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO FINES, FEES, COSTS, ASSESSMENTS, AND RESTITUTION.
SS 1 for SB 151 w/ HA 2PassedS. McBrideAcquiring a driver’s license is an important part of young adults in foster care achieving normalcy and eventual independence. Yet, youth in long term foster care face numerous unique barriers in this endeavor. Not only are there logistical challenges in the process of obtaining a license for teenagers not in parental care, but the automobile insurance industry’s rules can be unaccommodating and financially prohibitive. And, research shows that youth who leave foster care with a driver’s license are more likely to have a successful outcome, avoiding homelessness and incarceration, as reliable transportation is a crucial step to employment. Like Senate Bill No. 151, this Substitute Act seeks to aid youth in foster care by doing the following: (1) Establishing a pilot program within the Office of the Child Advocate (“Office”) that would pay the cost of driver education, licensure and other costs incidental to licensure, and motor vehicle insurance. (2) Prohibiting automobile insurers from using certain factors in determining a foster child’s automobile insurance rates. (3) Prohibiting the DMV from charging certain fees related to licensure for a foster child participating in the Office’s pilot program. (4) Exempting certain individuals from liability for negligence of a foster child. This Substitute differs from Senate Bill No. 151 as follows: (1) By directing that the Act is to be implemented the earlier of April 1, 2023, or the date of publication in the Register of Regulations of a notice by the Child Advocate that the Act is to be implemented. (2) By setting the date reports from the Office of the Child Advocate are due based on the implementation date of the Act. (3) By directing the Act to expire, or sunset, 2 years from the implementation date of the Act.AN ACT TO AMEND TITLE 18, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROVIDING FOR DRIVER EDUCATION TRAINING, A DRIVER’S LICENSE, OR MOTOR VEHICLE INSURANCE FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES OR AN INDIVIDUAL SUBJECT TO EXTENDED JURISDICTION.
HB 301 w/ HA 1SignedLonghurstA 2017 survey of Delaware high school students found that during the 12 months before the survey the following occurred: (1) 27.6% of the students felt sad or hopeless almost every day for 2 weeks in a row so that they stopped some usual activities. (2) 16.1% of students seriously considered attempting suicide. (3) 12% of students made a plan about how they would attempt suicide. (4) 7.2% of students attempted suicide. This Act increases student awareness of mental health by requiring the Department of Education, with the approval of the State Board of Education, to establish and implement statewide mental health educational programs for each grade, kindergarten through grade 12, in each school district and charter school in this State. Finally, this Act requires the Department of Education to annually report to the Governor and General Assembly regarding the implementation of this Act.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MENTAL HEALTH EDUCATIONAL PROGRAMS.
HB 300 w/ HA 1SignedLonghurstThis Act establishes a mental health services unit for Delaware middle schools. The unit is phased in over 3 years, beginning in FY2023, to arrive at a final ratio of 250 full-time equivalent students grades 6-8 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades 6-8 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for middle school students.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS.
HB 303 w/ HA 2SignedLonghurstThis bill amends Chapter 33, Title 18 of the Delaware Code by adding a new § 3370E to require coverage of an annual behavioral health well check. This bill also amends Chapter 35, Title 18 of the Delaware Code by adding a new § 3571Z to require coverage of an annual behavioral health well check. This bill also amends Chapter 5, Title 31 of the Delaware Code by adding a new § 530 to require coverage of an annual behavioral health well check. This bill also amends Chapter 52, Title 29 of the Delaware Code by adding a new § 5215 to require coverage of an annual behavioral health well check. Finally, the bill creates an advisory committee of health professionals tasked with creating recommendations for implementation of the Act. The requirement for coverage of the behavioral health well check is effective January 1, 2023.AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO MENTAL HEALTH.
HB 309SignedSchwartzkopfThis Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act was previously passed by the 150th General Assembly in Senate Bill 15, and is the same except for the removal of the sunset provision.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE.
SS 1 for SB 14 w/ SA 1, SA 3 + HA 1PassedEnnisThis bill provides a mechanism to grant pension increases to retired State Employees, retired Judges, and retired “New” State police. This bill dedicates a minimum of 2.33% of payroll to be deposited annually to the Post Retirement Fund. This bill also provides for a pension increase as determined by the Board of Pension Trustees.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.
HB 329PassedLynnThis bill updates the State Bureau of Identification’s definition of “criminal justice agency” in two ways. First, by adding the Division of Management Support Services in the Department of Services for Children, Youth & Their Families to reflect the shift in some criminal justice functions to that Division from the Division of Family Services. Second, by clarifying that the Office of the Child Advocate is a criminal justice agency. The Office of the Child Advocate provides legal representation to children in foster care, and the Investigation Coordinator, located within the Office of the Child Advocate, is a member of the criminal multidisciplinary response to child abuse and neglect.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE STATE BUREAU OF IDENTIFICATION.
HB 345SignedMinor-BrownThis Act ensures pregnant women and women who have given birth within the past six weeks who are subject to the custody of the Department of Corrections at Level IV or V have access to midwifery and doula services by requiring the Department to make reasonable accommodations for provision of available midwifery or doula services. This Act requires the Department to establish and provide midwifery services subject to the availability of funds designated for that purpose. This Act also requires the Department to provide written notice to pregnant and postpartum women subject to the custody of the Department at Level IV or V of the availability of midwifery and doula services.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MEDICAL CARE.
HB 354 w/ HA 1PassedMorrisonThis Act amends Delaware’s Whistleblower Protection Act to preclude an employer from reporting or threatening to report an employee’s citizenship or immigration status or a family members citizenship or immigration status to a federal, state, or local agency, in response to the employee engaging in a protected activity under Delaware’s Whistleblower Act.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DELAWARE’S WHISTLEBLOWERS PROTECTION ACT.
HB 376PassedD. ShortThis Act authorizes the Delaware Burn Camp Corporation created by Subchapter VII to determine its own Board of Directors. This Act will phase in the new directors as the current directors complete their terms or upon the occurrence of a vacancy.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE BURN CAMP.
HB 386PassedBaumbachThis Act prohibits a landlord from requiring a tenant declaw a cat as a condition for entering into or renewing a rental agreement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENTAL AGREEMENTS.
SB 267 w/ HA 1PassedMantzavinosThe 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.
HB 388 w/ HA 1, HA 2PassedHensleyThis act authorizes the application of funds from the Delaware School Safety and Security Fund, which is subject to available appropriations, for the retention of constables to be utilized by the LEAs.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE SCHOOL SAFETY AND SECURITY FUND.
HB 395 w/ HA 1PassedBaumbachThis Act is the first leg of an amendment to the Delaware Constitution that would require legislators to remain domiciled in the districts they represent for the entirety of their term of office. Subsection (b) of this Act does not apply to sitting legislators who desire to change their residence to within the newly established district lines in order to continue to represent their district in the upcoming election. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. AN ACT PROPOSING AN AMENDMENT TO § 3, ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO THE RESIDENCY OF THE MEMBERS OF THE GENERAL ASSEMBLY.
SB 283 w/ SA 2 + HA 1PassedMantzavinosThe Board of Medical Licensure and Discipline and the Board of Nursing are responsible for establishing continuing education requirements for medical professionals licensed by these Boards. This Act adds a requirement that practitioners licensed by these Boards who treat adults must complete one hour of continuing education in each reporting period on the topic of diagnosis, treatment, and care of patients with Alzheimer’s disease or other dementias. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO CONTINUING EDUCATION.
SB 13 w/ SA 1, SA 1 to SA 1 + HA 1PassedPinkneyThis Act creates a “Ban the Box” policy for postsecondary institutions in the state. “Ban the Box” or “Beyond the Box” policies refer to the removal of questions about one’s criminal conviction history on a college or job application. Research shows that questions about criminal conviction history deter individuals from applying to an institution and increase the likelihood of rejection, with a disproportionate effect on people of color. This Act promotes diversity by prohibiting academic institutions from inquiring into an applicant’s criminal conviction history, with limited exceptions for inquiries into certain types of offenses such as stalking and sexual assault. If the institution elects to deny an applicant because of a conviction for such an offense, it must disclose that fact to the applicant. After an applicant has been admitted, an institution may inquire into the applicant’s criminal conviction history for the limited purposes of offering counseling and making decisions concerning the applicant’s participation in campus life. In addition, the Act requires the Department of Education to compile and complete an annual report on admissions from each academic institution, including the race and gender of the applicants and of the accepted students. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
HB 412PassedK. JohnsonThis Act revises the property tax exemption process for New Castle County by updating the application process to reflect the current organization of New Castle County government and by doing all of the following: 1. Repealing the existing deadline to file an application for an exemption. 2. Establishing an effective date for approved exemptions that is the later of the date the property owner met the criteria for the exemption or 3 years before the date of the application. 3. Establishing how New Castle County determines and processes property tax refunds, including proration for situations when the property was owned by a nonexempt transferor for part of a tax year and clarifying that school taxes cannot be refunded through this process. 4. Requires New Castle County to review all applications for exemption from taxation that were decided on or after January 1, 2017, under the law as revised by this Act, and process any refunds. Owners of real property that are entitled to exemptions include religious, educational, or charitable entities often have limited resources and limited knowledge of the laws regarding exemption from property taxation. Missing the deadline to submit an application for exemption from property taxes causes serious economic harm to these entities. Repealing the application deadline has minimal impact on certainty for New Castle County’s budget, particularly in contrast to the heavy strain that an unanticipated tax bill places on these entities whose services are beneficial to the residents in New Castle County. In addition, limiting the effective date for exemptions to 3 years before the date an application was submitted further minimizes the potential impact on certainty for New Castle County’s budget.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO PROPERTY TAX EXEMPTIONS IN NEW CASTLE COUNTY.
HB 418PassedMatthewsThis Act amends §137, Title 17 of the Delaware Code to allow for right of way acquisitions to commence upon the approval of final right of way plans on a parcel by parcel basis. This will improve project delivery by allowing acquisitions on finalized parcels to begin earlier. This Act also adds a requirement for notification to adjoining property owners when parcels with minimal independent utility are available for disposal. This Act amends the reporting date for properties being held for projects, properties deemed surplus, and for excess and unmarketable properties to be submitted by the end of the calendar year, which aligns it with other reporting requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual including moving the series of purposes and means for acquiring property or property rights in paragraph § 137 (a)(1) to a list to make the meaning clearer and easier to cite to. AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO RIGHT OF WAY PLANS, NOTIFICATION OF PROPERTY DISPOSAL AND REPORTING DATES.
HB 425 w/ HA 3PassedSchwartzkopfThis bill makes needed changes to the Lyme Disease Oversight Board by adding 2 members including an infectious disease epidemiologist and a licensed veterinarian or entomology specialist.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE LYME DISEASE OVERSIGHT BOARD.
HB 427PassedSchwartzkopfHouse Bill 373, passed by the 151st General Assembly, clarified that persons 14 and 15 years of age can be employed in such places where alcoholic beverages are served, but cannot be involved in the sale or service of alcoholic beverages. Currently, the Department of Labor (DOL) has a robust process for youth (those not yet 18) to apply for a work permit. Youth may not work in the state unless they have a DOL-issued work permit which is required to be kept on file with the employer. The OABCC statute requires an additional work permit. Youth must obtain two, separate work permits after going through two separate processes to obtain one job. This legislation will streamline that process for our youth, requiring them to obtain just one work permit from the Department of Labor. Additionally, this legislation will permit employees in the Office of the Alcoholic Beverage and Control Commissioner (“OABCC”) to work in any of the three counties. Sussex County is experiencing an increase in growth. The OABCC has just one licensing inspector who is responsible for performing licensing inspections for the entire state. With this change, the OABCC could create a more efficient operation to serve all three counties for those who are licensed to sell and serve alcoholic beverages in the state. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
HB 429PassedBushThis Act adds a “guaranteed asset protection waiver” to the instruments that are exempt from insurance regulation.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE FINANCIAL PROTECTION PRODUCTS.
SA 1 to HB 19PassedSokolaThis amendment removes the provision in House Amendment No. 2, to House Bill No. 19, which prohibits a person from riding an electric bicycle on multi-use paths and trails. The provisions of House Bill No. 19, on lines 82 through 87, already give local authorities and state agencies the power to prohibit the riding of electric bicycles on multi-use paths and on trails, where necessary for safety reasons or compliance with other laws or legal obligations.  
HB 447 w/ HA 2PassedChukwuochaThis Act implements some of the recommendations of the African American Task Force's Safety and Justice Subcommittee. Specifically, it requires that cases or charges that are more than 7 years old be treated as “resolved in favor of” a child or adult if there is no disposition available for the case and no outstanding warrants. This clarification will prevent errors in record-keeping in the criminal justice system from stopping an otherwise qualified petitioner from obtaining an expungement that may otherwise be available. It will also require old cases for which no outcome is listed to be removed from a person's record if they are more than 7 years old. In addition, this Act allow an individual with multiple violations or misdemeanors in different cases that would be eligible for a mandatory expungement if they had occurred in a single case, and the individual has no other convictions on their record, to apply directly for a discretionary expungement after 5 years have passed from the most recent conviction. The court would then consider the application under its usual “interest of justice” rubric in determining whether to grant the expungement. This saves applications to the pardon board for multiple minor misdemeanors and increases parity between applicants with similar records. AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.
SB 310 w/ SA 1 + HA 2SignedHansenThis Act updates the membership and responsibilities of the Governor’s Energy Advisory Council. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR’S ENERGY ADVISORY COUNCIL.
SB 307 w/ HA 1PassedPooreThis bill reflects the reality that “grooming” children for the purpose of committing crimes of sexual violence against them is often preceded by conduct that perpetrators know will make the child particularly susceptible to abuse. The bill requires proof that a person has engaged in three or more specific instances of conduct proscribed by the statute. Each of these predicate acts would not otherwise be considered criminal conduct, so the bill requires proof of a pattern of conduct aimed at a specific outcome. By outlawing “grooming,” the State will be explicitly empowered to stop a predator who engages in certain conduct with the intent to entice, persuade, induce, or coerce a child into participating in a sexual act with the perpetrator. A conviction for “grooming” is a stand-alone offense and is a felony punishable by up to 3 years in jail.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE.
HB 454SignedHeffernanThis Act revises the Code to be consistent with federal law. The Individuals with Disabilities in Education Act (IDEA) requires states to make a free appropriate public education (FAPE) available to all children with disabilities “between the ages of 3 and 21, inclusive.” 20 U.S.C. § 1412(a)(1)(A). The term “inclusive” requires states to extend eligibility until a student’s 22nd birthday. The IDEA allows states to limit the age of eligibility for FAPE to students between the ages of 18 through 21 only to the extent state law, practice, or court order limits the provision of public education to all children within those age ranges. 20 U.S.C. § 1412(a)(1)(B). In Delaware, state law and practice provide public education to adults without age limitation. Delaware is one of the few states that has developed a public adult high school, the James H. Groves Adult High School, accommodating those needing an alternative to a regular day-school program. As such, federal law requires Delaware to extend eligibility for children with disabilities through their 22nd birthday. Current statute and regulation extend eligibility to the end of the school year in which a child with a disability turns 21, this Act proposes to keep the established exit point to minimize service interruptions and only change the age from the end of the school year in which a child turns 21 to the end of the school year in which a child turns 22.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR SPECIAL EDUCATION AND RELATED SERVICES.
HB 456PassedLynnThis Act amends the Charter of the City of Dover, including by doing the following: (1) Making technical corrections to ensure consistent capitalization of City officers and agencies, ensure consistent usage of terms throughout the Charter, (2) Moving the City’s authority to impose a realty transfer tax from Section 3 (relating to employee pension, benefit, and retirement systems) to a new Section 49B within Article IV of the City’s Charter (relating to financial affairs). (3) Removing provisions from Section 5 of the City’s Charter that are out-of-date. (4) Requiring that to be eligible to be elected mayor or a member of council a person must be a registered voter of the City as of the date of the election. (5) Requiring that nominating petitions for mayor and members of council be submitted between the first working day of January and the last working day of January in the year of an election. (6) Requiring election board members to voluntarily remove themselves from the election board before participating in a campaign to elect a candidate. (7) Authorizing a majority of council to remove an election board member if a conflict of interest or potential conflict of interest exists between the member and a candidate. (8) Removing the specific time for the meeting of council on the second Monday in May. (9) Providing that council shall hold an election for a council president pro tempore if there the council president is unavailable for 30 days. The council president pro tempore serves until the council president returns. (10) Providing that the salary for mayor, councilmembers, and other elected or appointed officials is to be adopted annually with the adoption of the fiscal year budget ordinance and that pay raises for mayor and council are to be tied to increases for non-bargaining employees of the City. (11) Providing that if a vacancy in the office of mayor or a member of council is for 6 months or less before the next regular or special election, the vacancy will be filled at the next regular or special election if there is sufficient time to meet the requirements of City and State law. (13) Clarifying that the city clerk is to be appointed by a majority vote of the council, hold office until the clerk’s successor is chosen, and be subject to removal by council at any time. (14) Clarifying that the controller/treasurer is to be appointed by a majority vote of the council. (15) Requiring the city manager to be a resident of Kent County within 180 days of hire. (16) Changing dates for when a draft budget is due to be presented to council and when council must adopt a budget. (17) Changing the amount of taxable assessed value of real property of aggregate principal amount of general obligation bonds issued to finance capital projects that may be authorized by council at any one time to 1% from .25%. (18) Authorizing the mayor and council to authorize and issue, without a referendum vote, tax exempt or taxable municipal conduit bonds. (19) Requiring a two-thirds vote of the members of council to confirm the mayor’s appointee to be chief of police or to confirm the mayor’s removal of the chief of police. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter. AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER.
HB 459 w/ HA 1PassedShupeThis Act amends the Charter of the Town of Ellendale in the following ways: 1. Replaces the legal description in the Charter, instead referring to the legal description found in the Sussex County Recorder of Deeds. 2. Some technical corrections and updates to antiquated language. 3. Clarifies if a municipal election falls on January 1st, the election will be held on the Second Saturday of January. 4. Clarifies public notice requirements for Special Meetings of the Town Council. 5. Clarifies that in the absence of an ordinance regarding Quorum requirements, Mason’s Rules of Order shall apply. 6. Clarifies that for a Councilmember to lose their seat, the crime being committed must be a felony 7. Public Notice of Council Meetings is to be posted at least one hour prior to the start of the meeting. 8. Removes from the Collection of Town Taxes from the Clerk’s duties, and assigns those duties instead to a Collector of Taxes, as an alternative to the Town Treasurer. 9. In determining late fees, the Town will rely on a fee schedule, rather than 1% per centum per month. 10. Removes certain powers given to the Town by the Charter, such as the prevention of vice, prohibition of gaming, regulating the observance of the Sabbath, and the ability to levy a per capita tax on all eligible voters 11. Removes a $50,000 limit on real estate taxes. 12. The town is now permitted to borrow $100,000 on behalf of the town, as opposed to the previous limit of $60,000. 13. In the Town Budget, it will no longer be required to include the value of supplies and materials on hand. 14. Raises the amount from $5,000 to $10,000 for contracts in which competitive bidding is not required. 15. Annexation requirements now are applicable when the proposed annexation exceeds 10 acres. 16. Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act and the Special Development District Act. 17. Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. 18. Collect special ad valorem taxes and special taxes related to the municipal development districts. 19. Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any municipal development districts AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELLENDALE.
HB 461PassedGriffithThis Act modifies Superior Court’s statute pertaining to creation of the Court’s record. Previously, the statute only contemplated stenographic recording of court proceedings. Technology has advanced which permits the Court to utilize other methods, in addition to stenographers, to create the court’s record. This Act updates the statutory language related to court reports and is consistent with language used by other Delaware Courts.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO COURT REPORTERS.
HB 463PassedK. WilliamsThis Act allows both of the following: (1) The employment of a person 18 years or older to work in any capacity in a tavern or taproom, except that a person less than 21 years old may not prepare alcoholic liquor for patrons of a tavern or taproom. A person 18 years or older may sell or serve alcoholic liquor for patrons of a tavern or taproom. (2) A person 18 years or older may enter a tavern or taproom to pick up a food order for delivery through a third-party delivery service. AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
HB 480PassedLonghurstThis Act amends the Delaware Code relating to financial assistance for education in order to promote and support the state’s high demand career fields and reduce student debt for Delaware residents. The Act clarifies the Delaware Higher Education Office’s role in administering programs. Professional incentive scholarship loan programs will generally be replaced with the career-based scholarship program and the educator support scholarship and mental health services scholarship programs will be established. In addition, a loan repayment program is created for speech-language pathology and mental health professions to attract and retain these professionals in Delaware schools. Career-based and educator support scholarships will be made to Delaware students who intend to pursue careers in specific fields identified as areas of need in Delaware. Academic scholarships will be awarded to Delaware students in memory of elected officials and other distinguished citizens. Need-based scholarships will be awarded to Delaware students so that they will not be denied the opportunity of an education because of financial need. The Act also clarifies the programs that are not administered by the Delaware Higher Education Office.  The Education Endowment Fund and the Michael C. Ferguson Achievement Awards will be repealed because they are no longer funded.  The Delaware College Investment Plan has been renamed the DE529 Education Savings Plan, and conforming changes are made to other parts of the Code.  The Ivyane D. F. Davis Memorial Scholarship program is updated. AN ACT TO AMEND TITLES 14, 16, 29, AND 30 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR EDUCATION.
HB 476 w/ HA 1PassedGriffithThis Act requires all law-enforcement agencies to remove all Gold Alert notifications of missing persons from all social media and all websites within 72 hours of being notified that the missing person has been located. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GOLD ALERT PROGRAM.
HB 490 w/ HA 1PassedSchwartzkopfDelaware’s Motor Vehicle Statutes contemplate for vehicle obstructing traffic enforcement by law enforcement agencies. It is not always possible for law enforcement officers to enforce the right-of-way regulations in areas effectively due to a number of considerations, including officer availability and safety. This bill would enable the state and municipal authorities to enforce right-of-way regulations in identified areas more effectively. This bill only imposes civil penalties for violations and does not impose points on an individual’s driver’s license.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE USE OF ELECTRONIC TRAFFIC MONITORING FOR VEHICLE OBSTRUCTIONS SYSTEM.
HB 481SignedWilson-AntonThis Act will amend the Delaware Code relating to the powers of the Delaware Higher Education Office and the state authorization of private postsecondary institutions. The intent of the Act is to increase consumer protections for students enrolled in private postsecondary institutions as it relates to student loans, distance education, and predatory practices. The Act will also clarify the current functions of the Delaware Higher Education Office relating to student support for transitions into postsecondary education and execution of state financial aid programs through the elimination of functions that are no longer under the purview of the Delaware Higher Education Office. This Act establishes responsibilities for certain postsecondary institutions, private schools, and trade schools prior to ceasing operation. This Act changes the penalty for an individual violating chapter 85 from a fine not to exceed $500 to a fine of a minimum of $500 for each offense and changes the penalty for a person violating chapter 85 from a fine not to exceed $1,000 to a fine of a minimum of $1000 for each offense. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE HIGHER EDUCATION OFFICE AND APPROVAL OF POSTSECONDARY INSTITUTIONS.
HS 2 for HB 344SignedMinor-BrownThis substitute bill places responsibility for development of bias and cultural competency training for healthcare employees in a subcommittee of the Delaware Perinatal Quality Collaborative. The subcommittee will develop training guidelines designed for use in all healthcare fields and shall release the initial guidelines by July 1, 2023. The subcommittee will review data every year thereafter and revise the guidelines as necessary.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BIAS TRAINING FOR HEALTHCARE WORKERS.
HS 1 for HB 478SignedMichael SmithThis bill increases the annual earnings limit for pensioners in the State Employees’ Pension Plan who return to work in a non-pension creditable position to $40,000 for earnings received beginning in calendar year 2021.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EMPLOYMENT OF PENSIONERS.
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 107PassedMinor-BrownThis 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.
HCR 109PassedDorsey WalkerThis concurrent resolution commends the African American Task Force’s Economic Opportunity Subcommittee in the State of Delaware and requests the General Assembly to pass legislation requiring the Investment Committee of the Board of Pension Trustees to use Black asset-managers, Black-owned financial institutions, and Black-owned financial or professional service firms for the investment of at least 25% of the total dollar amount of the funds under its management.RECOGNIZING AFRICAN AMERICAN TASK FORCE’S ECONOMIC OPPORTUNITY SUBCOMMITTEE IN THE STATE OF DELAWARE.
HCR 111PassedK. JohnsonThis resolution recognizes June 2022 as National Homeownership Month in Delaware.RECOGNIZING THE MONTH OF JUNE AS NATIONAL HOMEOWNERSHIP MONTH IN DELAWARE.
SA 1 to HB 193PassedWilsonThis Act represents a significant change to the status quo regarding the oversight of Delaware’s fire service. To ensure that key stakeholders have a seat at the table as these changes are implemented, this amendment requires the Delaware State Fire Prevention Commission to confer with the Delaware Volunteer Firefighter’s Association and the Delaware State Fire Chief’s Association in the development of new regulations that are prepared pursuant to this Act. 
SA 2 to HB 19PassedSokolaThis amendment changes the date by which manufacturers and distributors of electric bicycles must apply a label to each electric bicycle to January 1, 2023. 
SA 1 to HB 399PassedPinkneyThis amendment clarifies that a pharmacist may order, test, screen, and treat health conditions pursuant to a statewide written protocol approved by the Division of Public Health. It also makes a minor change to correct a reference to Division of Public Health.  
SA 2 to HB 183PassedWilsonThis amendment deletes provisions in House Bill No. 183, as amended, that are inconsistent with Article II, Section 3 of the Delaware Constitution.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 19 w/ HA 2 + SA 1, SA 2PassedLonghurstThis bill defines and regulates electric bicycles. Section 1 adds electric bicycles to the definitions contained in Title 21. Section 2 includes electric bicycle operators and passengers as vulnerable users when on a highway, crosswalk, road shoulder or sidewalk and prescribes rights and responsibilities attendant to the operation of electric bicycles. Section 3 adds electric bicycles to the definition of vehicle.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ELECTRIC BICYCLES.
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.
SB 212PassedHansenThis Act clarifies that of the 6 members of the Delaware Native Species Commission (Commission) that represent stakeholder commercial interests, such as land development, farming, and business, no more than 2 members can represent the same commercial interest. This legislation is necessary for the Commission to have the relevant expertise and perspectives for its work.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MEMBERSHIP OF THE DELAWARE NATIVE SPECIES COMMISSION.
SJR 6PassedHansenThis Senate Joint Resolution designates August 31, 2022, as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.DESIGNATING AUGUST 31, 2022, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE.
SB 239SignedHansenChapter 29 of Title 3, which restricts the use of invasive and potentially invasive plants, was enacted by Senate Bill No. 22 in 2021, but does not take effect until July 1, 2022. This Act revises § 2904 of Title 3 so that the Department of Agriculture, through the regulatory process, can both add and remove plants from the initial Invasive Plant List created under this section. In addition, this Act repeals Chapter 27 of Title 3 the same day that Chapter 29 takes effect, because Chapter 27 regulates the same topic, using the term nuisance plants, and Chapter 29 uses current terminology and best practices. This Act also reorganizes the requirements under §§ 2903 and 2904 of Title 3 so that similar requirements are grouped together for clarity and so that the plants in § 2904(b) are listed in alphabetical order.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO NUISANCE PLANTS AND INVASIVE PLANTS.
SB 241PassedLawsonThis Act expands the Disabled Veterans School Tax Credit to include a deceased disabled veteran's surviving spouse. HB 214 with HA 1, passed by the 151st General Assembly, created the Disabled Veterans Property Tax Relief and Education Expense Fund. School boards are currently authorized to create a credit against school taxes for up to the full amount of school tax liability for property owned by a disabled veteran who meets certain requirements. This Act would allow a disabled veteran's surviving spouse to maintain the credit that their deceased veteran spouse was claiming if their deceased veteran spouse, immediately before death, was both claiming the credit and had not had the right to claim the credit withdrawn and the surviving spouse meets all of the following requirements: (1) Was a titled owner of the qualified property before the deceased veteran’s death. (2) Has not remarried. (3) Owns and occupies the qualified property as their principal residence. A surviving spouse is no longer eligible to maintain the credit if they do any of the following: (1) Remarry. (2) Stop being a titled owner of the qualified property. (3) Stop occupying the qualified property as their principal residence. This Act requires the Secretary of Finance, in consultation with the receiver of taxes and county treasurer, to establish a process to determine the eligibility of a surviving spouse and to allow an eligible surviving spouse to maintain the credit without disruption after the death of their disabled veteran spouse. 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 AND TITLE 29 OF THE DELAWARE CODE RELATING TO DISABLED VETERANS SCHOOL TAX CREDIT.
HB 374 w/ HA 1 + SA 1SignedWilson-AntonThis 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.
SB 262 w/ SA 2PassedLopezThis Act adopts the Uniform Law Commission’s (“ULC”) Revised Uniform Law on Notarial Acts (“Revised Uniform Law”). As our State continues to recover from COVID-19, chief among the changes in the Revised Uniform Law relevant to our State’s current situation are those that permit notarial acts to be performed for a remotely located individual, an individual who is not in the physical presence of the individual performing the notarial act. These revisions include recent amendments made by the ULC to respond to areas the law needed to address that were discovered during the COVID-19 pandemic, including the need to have tangible documents ink-signed and notarized and the administration of oaths taken by remotely located individuals. Adoption of this Act will expand on Governor Carney’s authorization for remote notarization to be performed by licensed Delaware attorneys, codified in § 3156 of Title 20, by allowing all notarial officers authority to perform remote notarization. In addition to retaining provisions that provide integrity in the process of performing notarial acts, the Revised Uniform Law does the following: (1) Provides the authority to notarize electronic documents on par with notarization of tangible documents, including authority for the Secretary of State to regulate notarization of electronic documents. (2) Requires a notary public to maintain a journal of all notarial acts the notary public performs. (3) Adopts new licensing procedures for notaries public, including minimum requirements for commissioning and grounds to deny, suspend, or revoke commissions. (4) Prohibits a notary public from acting in a deceptive or fraudulent manner. Current Delaware law on notarial acts is an adoption of the Uniform Law on Notarial Acts, approved by the Uniform Law Commission in 1982. This Act’s adoption of the Revised Uniform Law would bring Delaware law on notarial acts into conformity with at least 20 other states, including all of the states bordering Delaware (Pennsylvania, Maryland, and New Jersey), which currently allow remote notarization and notarization of electronic records and include the updated provisions that enhance the integrity of the process of performing notarial acts. This Act’s adoption of the Revised Uniform Law is delayed until January 1, 2023, to provide the Secretary of State and notaries public time to implement the Revised Uniform Law. In the interim, this Act continues the authority for Delaware attorneys to conduct remote notarization, codified in § 3156 of Title 20, until the Revised Uniform Law takes effect. Then, Delaware attorneys will be authorized to conduct remote notarization under the Revised Uniform Law, like attorneys in other states that have adopted the Revised Uniform Law. AN ACT TO AMEND TITLE 20 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REVISED UNIFORM LAW ON NOTARIAL ACTS.
SS 1 for SB 11PassedTownsendThis Act is the first leg of a constitutional amendment that will modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to define either certain offenses for which, or circumstances under which, pretrial release on bail may not be available. The current provision allowing that only “capital offenses” are not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, other crimes that the Framers intended to include as those for which bail might be restricted no longer are. Today, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. This Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety and minimize pretrial detention for those less serious crimes for which it is not required. Upon enactment of the second leg of this constitutional amendment, § 12 of Article I of the Delaware Constitution as proposed will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive and presumption of the accusation great, and other identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof for the need of detention is clear and convincing. (3) Ensure that one condition precedent to bail being withheld in non-capital cases is a finding that no bail condition or combination of bail conditions other than detention will assure the safety of any person or the community, that the person will appear for future proceedings, or that the detention is necessary to prevent the person from obstructing or attempting to obstruct justice. This constitutional amendment, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code and the General Assembly and courts “prescribe by law” the specific felonies, circumstances, and procedures under which detention without bail may occur. With this change, though, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this change does so by adopting the standards favorably recommended by authoritative sources including the National Conference of State Legislatures, the National Conference of Commissioners on Uniform State Laws, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. Any legislation subsequently enacted or court procedures adopted under the passage of the second leg of this constitutional amendment would have to require individualized, fact-governed decision-making by any court considering preventive detention to pass muster under the United States and Delaware State Constitutions. AN ACT PROPOSING AN AMENDMENT TO ARTICLE I, § 12 OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES.
SB 292 w/ SA 1PassedHansenAn opioid antagonist is a medication approved by the United States Food and Drug Administration (FDA) for emergency reversal of a known or suspected opioid overdose. Currently, naloxone is the only FDA-approved opioid antagonist, however, the FDA is expected to approve at least 1 new, more powerful opioid antagonist in 2022. The current naloxone program allows public safety personnel and trained lay people to receive and administer naloxone to individuals suspected of experiencing an opioid overdose. This Act allows the Department of Health and Social Services to expand the current program to include additional opioid antagonists. This Act also makes technical corrections to reflect that advance practice registered nurses have the authority to prescribe medication and to conform existing law to the standards of the Delaware Legislative Drafting Manual as follows: 1. Reorganizing the current Chapter 30G of Title 16 from a single Code section to a chapter with several Code sections so that similar provisions are grouped together. 2. Using consistent phrases and terminology.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NALOXONE AND OTHER OPIOID ANTAGONISTS.
SB 294PassedRichardsonThis Act is the first leg of a constitutional amendment that would update the minimum voting age in the Delaware Constitution from twenty-one years to eighteen years.AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO ELECTIONS.
SB 300SignedS. McBrideThis Act updates the mandatory reporting requirements for Delaware physicians with anxiety, depression, and other mental health challenges. These changes are necessary to ensure that physicians are able to seek treatment without undue stigma or fear of loss of medical licensure. The recommended changes to the statutory reporting requirements are aligned with national best practices recommendations of leading experts including the Joint Commission on Healthcare Accreditation and the Federation of State Medical Boards. The mandatory reporting changes in this Act are also aligned with the language of the current Delaware application for medical licensure, which appears to be more aligned with best practices and compliance with the requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990). These changes are designed to appropriately balance the need to continue to maintain proper safeguards for patients in accessing safe, high quality health care services without causing undue stigma and negative licensure consequences for physicians. Finally, this Act deletes language in § 1731(c) of Title 24 of the Delaware Code that references the other professions or occupations regulated under Chapter 17 of Title 24 because these professions or occupations have their own requirements in other provisions of Chapter 17.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MEDICAL PRACTICE.
SB 304PassedHansenThis Act updates Chapter 15 of Title 3, the regulatory provisions for seeds, by making technical and substantive revisions. This Act makes the following corrections, in addition to technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual: 1. Updates the defined terms and reorganizes the terms into alphabetical order. 2. Corrects the names of plants. 3. Reorganizes the label requirements so there is a separate Code section for each category of seeds. 4. Updates the label requirements to align with federal law. 5. Adds references to applicable federal and state laws. 6. Corrects the enforcement provisions to align with current practices and terminology. 7. Repeals duplicative Code sections. 8. Uses gender neutral language. This Act adds all of the following: 1. Specific requirements for hermetically sealed seed. 2. That labels include a clear "Sell By" date. 3. Definitions for the terms "Department", “germination”, and “hard seed”. 4. Revises the definitions of "origin", "pure seed", and "variety".AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE REGULATION OF SEEDS.
SS 1 for SB 270PassedHansenThis Act establishes an evaluation and assessment system created by the Department of Education to determine whether a school facility is in good repair to assure that school facilities are clean, safe, and functional for staff and students. This Act also requires the Division of Public Health to create a routine indoor air quality monitoring program that includes temperature and humidity standards that is published on the Department of Health and Social Services website. It further requires the Division of Public Health to create a contractor certification program for indoor air quality services that will allow schools to contract with properly trained and certified contractors when indoor air quality remediation is necessary. The Act also provides procedures for districts to make procedures clear for receiving and reporting indoor air quality complaints in schools. This Substitute bill differs from the original in that it does not provide for implementation of the routine indoor air quality monitoring program nor its enforcement. Once the program is created and there is a better understanding of what it will require, the General Assembly may then establish how, and to what extent, to implement the program with the knowledge of what is necessary to do so.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS.
SB 317SignedWalshThis Act is identical to Senate Substitute No. 1 to Senate Bill No. 9, which establishes new formulas that a community owner is allowed use to increase rent in a manufactured home community. The requirements under this Act will be in effect for 5 years, during which time the current requirements for rent increases in manufactured home communities will be suspended. Under current law, rent increases in manufactured home communities have frequently been the subject of arbitration hearings and lengthy court cases. This Act seeks to dramatically reduce or eliminate these disputes by providing a choice of 3 methods that a community owner can use to establish the amount of a rent increase. In addition, when rent is increased based on 1 of the new calculations, this Act establishes clear standards and requirements, including documentation that requirements have been satisfied. This Act applies to rent increases when notice is provided beginning the 1st day of the month following its enactment into law, and remains in effect until 5 years after its enactment. Under § 7052 of Title 25, rent in a manufactured home community can be increased in an amount greater than the percentage increase of the Consumer Price Index for All Urban Consumers (CPI-U) for the preceding 36 months if there have not been health or safety violations that persisted for more than 15 days, the rent increase is directly related to operating, maintaining, or improving the manufactured home community, and the rent increase is justified by 1 or more of the factors listed, which include capital improvements, changes in taxes, utility charges, insurance costs, operating and maintenance expenses, repairs, and market rent. Rent increases under § 7052 are subject to additional requirements and the dispute resolution process under § 7053 of Title 25. Under this Act, § 7052 will not apply to rent increases while the new methods for calculating rent increases are in effect. Under this Act, a community owner may increase rent based upon the increase in the CPI-U for the preceding 24 months, based on market rent, or by agreement with a homeowner for a period of more than 1 year. In addition, a community owner may increase rent based upon the increase in the cost of specific expenses. Increases based on market rent or these additional expenses are subject to the requirements and dispute resolution process under § 7053. This Act requires that in order to increase rent, there cannot have been a health or safety violation that continued for more than 15 days as calculated under § 7051A of Title 25 or if there is a health or safety violation, the community owner must provide a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase in addition to written documentation of how the violation will be corrected by a specified date. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act also creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the county median household income that applies to rent increases. Specifically, this Act does all of the following: Section 1. Moves definitions of the terms “CPI-U” and “market rent” to § 7003 of Title 25 because the terms are used in more than 1 section. This Act also updates the definition of “CPI-U” to reference the Philadelphia-Camden-Wilmington region. Section 2. Adds detailed notice requirements to § 7051 of Title 25 that require written notice of a rent increase at least 90 days, but not more than 120 days, before the first day the increased amount of rent is due and that this notice must be sent to each affected homeowner, the homeowners’ association, if one exists, and the Delaware Manufactured Home Relocation Authority (DEHMRA). Section 3. Revises § 7052 so that it applies to rent increases that occurred or were noticed between the date § 7052 was enacted and the effective date of this Act. It makes corresponding changes to the subsection designations and repeals the definition of “market rent” because that definition will be in § 7003. Section 4. Establishes the requirements for rent increases for the 5 years after this Act takes effect, by creating the following: • § 7051A of Title 25, which establishes the prerequisites regarding health or safety violations that must be satisfied before rent can be increased including the requirement that if a health or safety violation has continued for more than 15 days as calculated under § 7051A of Title 25, the community owner must not only document that the violation will be correct by a specific date within 1 year, but must provide DEHMRA with a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act clarifies that “violation” includes requirements under federal, state, or county laws and that if the community owner does not correct the specified date, the rent increase does not take effect. • Creates § 7052A of Title 25, which establishes the following 3 ways that a community owner may establish a base rent increase: 1. Based upon the increase in the CPI-U for the preceding 24 months. 2. Based on market rent 3. By agreement with a homeowner for a period of more than 1 year. • This Act also clarifies that § 7052A continues to apply to rent increased under the section after the section sunsets, revises the definition of the “24-month CPI-U” to mirror the language in § 7053 of Title 25, and clarifies the language explaining the rent increase calculation if based on a 24-month CPI-U that is equal to or below 7%. • Creates § 7052B of Title 25, which establishes the requirements under which a community owner may add an additional rent increase to an increase under § 7052A. The requirements include the specific allowed expenses that can be the basis of an additional rent increase, the time periods that are used in the calculations, the calculation used to determine if an additional rent increase is permitted, and how the dollar amount of an additional rent increase is calculated. A community owner must provide documentation of the cost of each of the allowed expenses on a website and must provide paper copies for review at the management office and upon request by a homeowner. Section 5. Makes the following corresponding changes to § 7053: 1. Repeals notice provisions that will be in § 7051 and applicable to all rent increases in manufactured home communities. 2. States that this section is applicable to rent increases under §§ 7052, 7052A(d), and 7052B of Title 25. 3. Revises subsection (j) so it includes the standards under §§ 7052A(d) and 7052B, if applicable. Section 6. Makes a technical correction to § 7054 of Title 25 so that it references § 7053 of Title 25 where it provides the deadline to appeal a decision of an arbitrator. Section 7. Revises the lot rental assistance program by doing the following: • Revises § 7022 of Title 25, the current lot rental assistance program, by doing the following: 1. Expands eligibility by requiring residency in the home for 5 consecutive years, instead of prior to July 1, 2006. 2. Increasing eligibility to households with income that is equal to or less than 40% of the county median income, from the current 30%. This Act also updates which agency that determines the county median household income. 3. Repealing subsections that are being transferred to a new § 7022A of Title 25 because the provisions also apply to the new limited eligibility lot rental assistance program. 4. Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. • Creates § 7022A of Title 25, which has the requirements that apply to the lot rental assistance programs under both §§ 7022 and 7022B of Title 25. These requirements are transferred from § 7022A with only technical corrections. • Creates § 7022B of Title 25, which creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the median household income that applies to rent increases. Under this program, a homeowner’s rent is calculated on a sliding scale based on the amount of the household’s income. This Act also does all of the following: 1. Expands eligibility for the limited eligibility lot rental assistance program to lot rent increases that take effect after the effective date of this Act. 2. Revises the eligibility requirements to correct a drafting error. 3. Requires residency in the home for 5 consecutive years to be eligible. 4. Corrects which agency determines the county median household income. 5. Clarifies how rent is calculated under the limited eligibility lot rental assistance program. Sections 8 through 10 require that if any of the following find a violation of a health or safety requirement in a manufactured home community, notice must be provided to local and state elected officials, the Department of Justice, and the Authority: 1. A county government. 2. The Department of Health and Social Services, for drinking water. 3. The Department of Natural Resources and Environmental Control. In addition, Sections 8 through 10 make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including the correction of an internal reference in § 122(3)c.E. of Title 16. Section 11. Makes this Act effective on the first day of the month following its enactment into law.AN ACT TO AMEND TITLE 9, TITLE 16, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.
SS 1 for SB 35 w/ SA 1PassedWalshLike Senate Bill No. 35, this Act defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, providing specific penalties for these violations, and creates a new criminal offense of wage theft, with a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution. Clearly defining wage theft protects Delaware workers and Delaware taxpayers from employers who pay their employees “under the table” because this practice results in lost tax revenue to this State and exposes employees to personal risk in the areas of unemployment compensation and workplace injuries. The civil penalties collected for violations that are wage theft must be used for the enforcement of wage payment and collection laws under Chapter 11 of Title 19 and prosecution of the offense of wage theft under § 841D of Title 11. Senate Substitute No. 1 for Senate Bill No. 35 differs from Senate Bill No. 35 as follows: • Clarifies that Chapter 11 of Title 19 does not apply to independent contractors. • Defines the term "independent contractor" using the same definition that is used in Chapter 35 of Title 19 and specifically identifying as "independent contractors" a person licensed by the Department of Insurance or registered under Chapter 73 of Title 6 as a broker-dealer, agent, investment adviser, or investment adviser representative. It also allows the Department of Labor to designate additional occupations as an “independent contractor” through regulations. • Does not make any changes to the definitions sections of other chapters in Title 19. • Adds terms and definitions to § 1101 of Title 19 that are used in Chapter 11, with the same definitions for the terms as would have applied under the revisions to § 101 of Title 19 in SB 35. Like Senate Bill No. 35, this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give criminal jurisdiction to inferior courts.AN ACT TO AMEND TITLE 11 AND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
SS 1 for SB 312PassedWalshThis Substitute Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.
SB 327PassedHansenThis Act addresses the relation between land development and school capacity and facilitates greater coordination between the counties and local school districts with regard to planning. Section 1 of the Act amends Chapter 26 of Title 9 of the Delaware code pertaining to New Castle County by requiring that New Castle County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts. Section 2 of the Act makes these same changes to Chapter 49 of Title 9, concerning Kent County, and Section 3 of the Act makes these same changes to Chapter 69 of Title 9, concerning Sussex County. Section 4 of the Act directs the Department of Education to develop guidance and policies for implementing Sections 1, 2, and 3 of the Act. The Department of Education is to develop these guidance and policies by July 1, 2024. Section 5 of the Act provides that, effective as of January 1, 2023, the Counties must include the educational element in their comprehensive plans within the next comprehensive plan update following the Act’s enactment into law. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO SCHOOLS.
SS 1 for SB 263PassedSokolaThis Act establishes a cultural resources professional scholarship for the purpose of enabling and encouraging academically talented Delawareans to pursue careers as cultural resource professionals. The scholarship is also available to persons already serving in positions with cultural resource agencies, such as the Delaware Division of Historical and Cultural Affairs or with organizations that are institutional members of the Delaware Museum Association, among others, further their education. This scholarship would strengthen Delaware’s ability to both recruit and retain a more diverse workforce and would help the state meet federal credentialing requirements for federally-funded projects. The scholarship is named for the late Lewis M. “Skipper” Purnell, one of Delaware’s leading historical preservationists and husband of Mrs. Matilda “Til” Purnell, a great Delaware environmentalist in her own right. This Substitute Bill differs from the original in that it makes this a scholarship rather than a loan reimbursement program. It is written to be placed in the code after the significant changes to Chapter 34 made by House Bill 480. Because it is designed to exist under the new Delaware Higher Education Office’s role, enactment is contingent on the passage and enactment of HB 480. It also is a different section number than the original bill based on the changes being made to the chapter by HB 480. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CULTURAL RESOURCE INCENTIVE PROGRAM.
SJR 7PassedPinkneyThis 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.
SS 1 for SB 301PassedGayThe purpose of this chapter is to provide incentives for resident Delaware taxpayers to donate organs and bone marrow for transplantation and for Delaware employers to grant paid time off to employees who donate organs and bone marrow for transplantation. To that end, the Act allows Delaware taxpayers to claim a tax credit of up to $10,000 of unreimbursed medical expenses, travel expenses, lodging expenses, and lost wages that are related to a donation of an organ or bone marrow by the taxpayer or a dependent of the taxpayer. The Act also gives a tax credit to Delaware employers who provide employees who donate an organ or bone marrow with paid time off for the purpose of the transplantation, in the amount of 25% of the employee’s gross wages paid to the employee during the time missed from work, not including any amount paid to the person by the employer as traditional paid time off, for a period of up to 30 days of missed work for each donation. For qualified expenses used for a tax credit under the Act, to the extent otherwise allowable under Title 30, no tax deduction is allowed for either the donor or the employer. This Act is a substitute for and differs from Senate Bill 301 by providing that expenses related to a donation of organ or bone marrow incurred in the taxable year before the transplantation took place must be claimed in the year transplantation took place. It also provides that lost wages, for purposes of the individual tax credit, do not include any amounts paid to the person as traditional paid time off, as other than traditional paid time off, as worker's compensation benefits, or pursuant to Chapter 37 of Title 19. Similarly, gross wages, for purposes of the employer tax credit, do not include any amount paid to the person by the employer as traditional paid time off. The Act also provides implementation dates for the individual tax credit and the employer tax credit. Finally, the Act includes minor changes made for purposes of clarification.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO ORGAN TRANSPLANTATION.
SS 1 for SB 334PassedGayThis Act allows restaurants that sell ice cream containing up to 10% alcohol by volume to sell such ice cream without the requirement that the customer also purchase at least $10 of other food. This substitute differs from the original bill by limiting this exception only to ice cream and clarifying the alcohol amount by volume of being up to 10%.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SCR 126PassedGayThis 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.
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.
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.
HA 2 to SS 1 for SB 151PassedHeffernanThis Amendment does the following: (1) Provides that the policy a foster child or individual under § 9011A(g)(1) of Title 29 procures under the program established under § 9011A of Title 29 is the source of insurance coverage when the child or individual is operating a motor vehicle. (2) Provides that an insurer that issues an insurance policy on a private passenger motor vehicle to an insured who is a foster parent of a foster child may not charge an additional premium for coverage of the foster child while the child is operating the insured’s vehicle if the foster child has procured a separate policy through participation in the program established under § 9011A of Title 29, unless actuarily justified. (3) Because a foster parent cannot sign a license application on behalf of a child in the custody of the Department of Services for Children, Youth and Their Families, the exclusion for liability for foster parents is relocated to § 6106(b) of Title 21, and applies when a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance through participation in the program established under § 9011A of Title 29. When a child or an individual identified in § 9011A of Title 29 does not procure a separate valid policy of insurance and is instead insured by the private passenger insurance policy of the foster parent, the foster parent may be liable for damages caused by the negligence of the child or individual in driving the foster parent’s vehicle only up to the amount of insurance coverage available to the foster parent under their private passenger insurance policy. (4) Makes necessary conforming amendments based on the other changes made by this Amendment. 
HA 1 to SB 13PassedMinor-BrownThis amendment corrects a cross-reference to criminal sexual offenses. 
HA 1 to SS 1 for SB 14PassedBoldenThis Amendment makes clear that: (1) Any pension increase will be greater for those pensioners whose service was 20 years or more than those pensioners whose service was less than 20 years; (2) The pensions plans addressed by Senate Substitute 1 for Senate Bill 14 are the State Police Pension Plan (Chapter 83 of Title 11), the State Employees' Pension Plan (Chapter 55 of Title 29), and the State Judiciary Plan (Chapter 56 of Title 29) which are all covered in the Post Retirement Benefit Fund; (3) Any pension increase is not substantively automatic, but requires a subsequent act of the General Assembly; and (4) It is the General Assembly's intent to increase the pension incrementally from the current rate to the rate in accordance with already-existing provisions of the Delaware Code. 
HA 1 to SB 333PassedBushThis Amendment removes reference to a stop for an “administrative” stop. This is a stop for a moving violation.  
HA 2 to SB 310PassedBushThis 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. This amendment also makes technical corrections. 
HA 1 to SB 283PassedMinor-BrownThis amendment limits the continuing education requirement to professionals who work in adult or gerontology in a healthcare setting.  

Senate Committee Assignments

Committee
Executive

House Committee Assignments

Committee
Education

Senate Committee Report

Committee
Finance

House Committee Report

Committee
Judiciary

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to SB 317DefeatedKowalkoThis Amendment clarifies how market rent is determined by defining "similar facilities, services, amenities, and management" as an appraisal that includes specific factors. This Amendment also prohibits rent increases based on a market rate increase if the yearly sales prices of homes sold by homeowners declines or remains the same. 
HA 2 to SB 317DefeatedKowalkoThis Amendment changes the rent increase calculation under § 7052A(c) so that it is based on the 36-month CPI-U if rent has not been increased during the preceding 36 months and if rent has been increased during the preceding 36 months, the rent increase is calculated using the CPI-U for the period beginning the month following the date of the most recent rent increase through the month before the date of the notice of the rent increase. This Amendment also requires the Delaware State Housing Authority to calculate the CPI-U for the period requested by a community owner for a rent increase that is less than 36 months after the most recent increase. 

Nominations Enacted upon by the Senate

No Records