Daily Report for 4/6/2023

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 3 to HR 10PWBLynnThis amendment removes the ability of the Speaker to remove a member from a committee if the members has more than 3 unexcused absences per year. 
HA 1 to SB 61StrickenMatthewsThis Amendment deletes the language in SB 61 that prohibits the chief school officer from: (1) asking the employee the reason for the personal absence; or (2) denying the request for a personal absence unless operational requirements cannot be met if the employee is absent. This Amendment further removes Section 2 of the bill that provides employees with 5 days of leave after a pregnancy loss. Finally, this Amendment removes Sections 3 and 4 from SB 61 that create conditional effective dates for Section 2 of the bill. 
HA 4 to HR 10PWBLynnThis amendment provides that the Chief clerk cannot refuse to accept a bill or resolution into the prefile. The amendment further provides that a bill or resolution can only be delivered to the Governor with the knowledge and consent of the prime House Sponsor. 
HA 5 to HR 10PWBLynnThis Amendment adds Rule 65 to the Permanent Rules of the House of Representatives of the 152nd General Assembly. Rule 65 sets forth the procedure by which an officer may be removed from office by a Bill of Address pursuant to Article III, § 13 of the Delaware Constitution. 
HA 6 to HR 10PWBYearickThis amendment clarifies that the right to remote participation will only be extended to witnesses. 
HA 7 to HR 10PWBMichael SmithThis amendment removes the Remote Participation rule and cross referencing thereto in its entirety and redesignates subsequent rules accordingly. 
HA 1 to HA 2 to HR 10PWBShupeThis amendment makes a technical correction to the amendment by clarifying the correct line numbers. 
SA 1 to SB 52DefeatedBucksonThis amendment changes the "1 for 1" exchange limitations to a "2 for 1" exchange limitation. This amendment also caps the number of units that a participant may receive to 10 per visit.  
SA 2 to SB 52StrickenBucksonThis amendment limits the number of needle and syringe units that can be distributed to a participant during a particular visit to the program. The overarching purpose of the Sterile Needle and Syringe Exchange Program for the Prevention of AIDS and Other Diseases is to support the health and wellbeing of participants and by extension, all members of the public. One of the ways that this goal is effectuated is through providing information and support or service access for participants when they have interactions with the program staff, pursuant to Chapter 79 of Title 29, Sections 7992(5) and 7992(6). One of the effects of Senate Bill 52 as proposed would be to permit the unlimited distribution of needle and syringe units, which would have the effect of reducing opportunities for a participant to have interactions with the program's staff and consequently reduce opportunities to access important services. Placing a limit on the number of syringes and units that may be distributed to a participant in this manner would provide for more opportunities for participants to access services and would be consistent with the purpose of the Program, while at the same time providing increased flexibility for participants beyond the "1 for 1" regime currently in place.  
SB 79CommitteeBucksonThis Act is the first leg of a constitutional amendment that would create term limits for legislators and the Attorney General, Insurance Commissioner, Auditor of Accounts, and State Treasurer. Specifically, this Act provides that an individual may not be elected to be the Attorney General, Insurance Commissioner, Auditor of Accounts, or State Treasurer more than 2 times, a Senator more than 4 times, or a Representative more than 7 times. The earliest this Act could apply would be following its passage in the 153rd General Assembly and, therefore, Section 3 of this Act makes clear that this Act applies prospectively beginning with the next election held for the office. A term served before the enactment of this Act may not be included in determining a candidate’s eligibility for election to an office that is subject to this Act. 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 ARTICLE II AND ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO TERM LIMITS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 51 w/ HA 1, HA 2, HA 4SignedParadeeThis Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. These restrictions take effect on July 1, 2025. This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers: 1. The definition of "polystyrene foam food service packaging" excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables. 2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF SINGLE-SERVICE PLASTIC IMPLEMENTS AND POLYSTYRENE CONTAINERS IN FOOD ESTABLISHMENTS.
SB 52SignedPinkneyThis Act directs the State’s current needle exchange program to take a needs-based approach. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STERILE NEEDLE AND SYRINGE EXCHANGE PROGRAM.
SB 57SignedGayIn Chiafalo v. Washington, 140 S.Ct. 2316 (2020), the United States Supreme Court made clear that states have the authority to remove or punish presidential electors who do not adhere to their obligation to vote faithfully for their parties’ candidates. This Act provides Delawareans with confidence that the votes they have cast will be honored when the Electoral College meets to decide the outcome of presidential elections by providing for the orderly operation of Delaware’s Electoral College voting process. This Act adopts the Uniform Faithful Presidential Electors Act, which was approved by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRESIDENTIAL ELECTORS.
HB 77ApprovedBaumbachThis Act is the second leg of a constitutional 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. The first leg of this constitutional amendment was House Bill No. 395 of the 151st General Assembly, published in Chapter 362 of Volume 83 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. 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 when the General Assembly amends the Delaware Constitution.AN ACT CONCURRING IN A PROPOSED AMENDMENT TO § 3, ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO THE RESIDENCY OF THE MEMBERS OF THE GENERAL ASSEMBLY.
SB 62SignedMantzavinosThis Act makes minor changes to licensing and registration of limited lines travel insurance producers and travel retailers and establishes a comprehensive framework for the sale and marketing of travel insurance. Specifically, the legislation establishes uniform meanings of key terms; allows travel products to continue to be offered in a manner that provides a seamless consumer experience and cost-saving efficiencies; clarifies impermissible and prohibited sales practices, and the applicability of the state’s unfair trade practices law; requires several consumer disclosures; clarifies that travel insurance may be sold via individual, group, or blanket policies; clarifies current practice with respect to premium taxes; and clarifies that travel insurance is generally classified and filed as an inland marine line of insurance.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO TRAVEL INSURANCE.
SB 73SignedTownsendThis Act modifies the Public Works’ Bidder Prequalification period and changes from the existing 12-month valid period to a 24-month valid period. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS BIDDER PREQUALIFICATION REQUIREMENTS.
HCR 36PassedDorsey WalkerThis Concurrent Resolution recognizes April 6, 2023, as Alpha Kappa Alpha Sorority, Incorporated or “AKA Day at the Capital” in Delaware.RECOGNIZING APRIL 6, 2023, AS ALPHA KAPPA ALPHA SORORITY OR "AKA DAY AT THE CAPITAL" IN DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 78PassedMorrisonThis Amendment adds the vehicle identification number of the vehicle from which the catalytic converter was removed as additional information a scrap metal processor or other authorized purchaser of a catalytic converter must obtain at the time of purchase or acquisition. 
SCR 28PassedWilsonThis resolution designates April 6, 2023, as "National Tartan Day" and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. When the United States was first formed and the thirteen states selected their first governors, nine were of Scottish ancestry. All the members of the first American cabinet had Scottish ancestry. Delaware's first governor, John McKinly,was born in Northern Ireland of Scottish descent. Americans of Scottish descent have played a vibrant an influential role in the development of this country. However, not until 1997 was this influence recognized by a single-year U.S. Senate Resolution that appeared in the Congressional Record of April 7, 1997. In 1998 National Tartan Day was officially recognized on a permanent basis when the U.S. Senate passed Senate Resolution 155 recognizing April 6th as National Tartan Day. This was followed by companion bill House Resolution 41, which was passed by the U.S. House of Representatives on March 9, 2005. President George W. Bush signed a Presidential Proclamation on April 4, 2008 making April 6 National Tartan Day. In April of 2008, then Governor Minner issued a statement celebrating the accomplishments of Scots-Irish Americans in the First State as part of a Scots/Scots-Irish Heritage Month. April 6 commemorates the signing of the Declaration of Arbroath in 1320, which asserted Scotland's sovereignty over English territorial claims, and which was a significant influence on the American Declaration of Independence. Canada has been celebrating "National Tartan Day" since 1993. The idea and motivation for creating a similar American holiday was provided by the Scottish Coalition, a group of national Scottish-American cultural organizations. COMMEMORATING THE OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS MADE BY SCOTTISH AMERICANS TO THE UNITED STATES BY PROCLAIMING APRIL 6, 2023, AS NATIONAL TARTAN DAY.
SCR 27PassedRichardsonThis Concurrent Resolution recognizes Christian Holy Week and Passover in the State of Delaware.RECOGNIZING CHRISTIAN HOLY WEEK AND PASSOVER IN THE STATE OF DELAWARE.
SCR 30PassedPinkneyThis Resolution recognizes April 11-17 2023, as "Black Maternal Health Awareness Week" in Delaware. RECOGNIZING THE WEEK OF APRIL 11 THROUGH APRIL 17, 2023 AS "BLACK MATERNAL HEALTH AWARENESS WEEK" IN DELAWARE.
SCR 32PassedBrownThis Senate Concurrent Resolution proclaims April 2023 as "Second Chance Month" in the State of Delaware.PROCLAIMING APRIL 2023 AS "SECOND CHANCE MONTH" IN THE STATE OF DELAWARE.
SCR 29PassedTownsendThis Senate Concurrent Resolution designates the week of April 9 to April 15, 2003 as "Social Equity Week" in Delaware and urges all citizens of Delaware to participate in activities and events that promote social equity.DESIGNATING THE WEEK OF APRIL 9 TO APRIL 15, 2023 AS "SOCIAL EQUITY WEEK" IN DELAWARE.
HA 1 to HB 104PassedBushThis Amendment deletes the phrase “or otherwise” and replaces it with “or by ordinance” and deletes the phrase “or where an applicant voluntarily requests to participate under subsection (b) of this section” since it is duplicative of what is contained in subsection (b) of this section. 
HA 2 to HB 78PassedMorrisonThis Amendment deletes possession of a catalytic converter being considered possession of contraband since there is no such crime in the Delaware Code, and criminal penalties are already in effect in this Chapter. 

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Environment, Energy & Transportation
Executive
Health & Social Services
Housing & Land Use
Judiciary

House Committee Assignments

Committee
Appropriations
Education
Gaming & Parimutuels
Health & Human Development
Labor
Public Safety & Homeland Security
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Housing

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records