Daily Report for 5/18/2023

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 9PassedHilovskyThis resolution recognizes the last Monday of May as Memorial Day.RECOGNIZING THE LAST MONDAY OF MAY AS MEMORIAL DAY.
HA 1 to HB 142PWBSpiegelmanThis amendment provides that a defendant is not justified in using force against another based on their actual or perceived status as a member of a protected class. This amendment also clarifies the definition of "protected class" when used in the Criminal Code. 
SCR 62PassedPooreThis Resolution recognizes the contributions of the AmeriHealth Caritas mobile unit to the communities it serves.RECOGNIZING THE IMPORTANT CONTRIBUTIONS OF THE AMERIHEALTH CARITAS MOBILE WELLNESS UNITS.
HR 13PassedLonghurstThis House Resolution recognizes and commends speech-language pathologists and audiologists throughout this State for their work with citizens of this State to lead independent, productive, and fulfilling lives.RECOGNIZING SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS AND COMMENDING THEIR SKILLS AND CONTRIBUTIONS TOWARDS IMPROVING THE QUALITY OF LIFE FOR THE CITIZENS OF DELAWARE.
HB 166CommitteeLynnThis Act is the first leg of a constitutional amendment that requires the Governor to select judicial candidates from a list provided by a Judicial Nominating Commission. Although the Governor currently selects judicial nominees through a Judicial Nominating Commission created by Executive Order, this bill codifies the Judicial Nominating Commission into the State Constitution. The Judicial Nominating Commission shall consist of 12 members appointed by the Governor, provided that 4 members reside in New Castle County; 4 members reside in Kent County; and 4 members reside in Sussex County. No member shall hold elective constitutional office during the member’s term on the Commission.AN ACT PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE APPOINTMENT OF JUDGES.
HA 1 to SS 1 for SB 2StrickenMinor-BrownThis amendment replaces the open-ended voucher program with a pilot program that will last 1 year and issue a maximum of 500 vouchers for low-income individuals who wish to take a firearms training course in order to apply for a permit to purchase. The Department of Homeland Security will issue a report at the end of the period detailing how many vouchers were issued, how many were used, the total cost of the program, and the number of requests, if any, received by the Department after the 500 voucher limit was reached.  
SCR 63PassedPooreThis resolution makes changes to Senate Concurrent Resolution No. 19 in that it adds 2 additional Task Force members, authorizes the Task Force to create subcommittees, allows for the appointment of 1 Task Force member by the Co-Chairs, and changes the dates of the Task Forces' first meeting and the submission of its report.AMENDING THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION (DIAA) TASK FORCE.
SA 1 to SB 43PWBRichardsonThis Amendment does all the following: (1) Removes the mandate that the Department of Labor (Department) conduct enforcement. The Department still has enforcement authority but may exercise its discretion in whether to pursue enforcement. (2) Changes enforcement to a complaint-based system whereby the Department may inspect an establishment about which it receives a compliant. While the complaint-based system may be the main way that the Department will receive notice of possible noncompliance with public awareness sign requirements, the Department may still initiate inspections independent of a report from the Delaware Anti-Trafficking Action Council or a complaint. (3) Changes the enforcement process and timeframes as follows: When the Department conducts enforcement, it shall provide public awareness signs, if needed, to an establishment to immediately enable compliance with the public awareness sign display requirements. If, within 3 years, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance identified in the warning notice, then the Department shall assess a civil penalty against the noncompliant establishment. (4) Removes the safe harbor provision since all establishments will now receive copies of the proper signage during inspection, if new signs are needed. (5) Updates the civil penalty to conform to the changes made in the enforcement process and timeframes. (6) Names this Act the "Signs of Hope Act". This name reflects the purpose that the human trafficking public awareness signs serve: a way to reach, give hope, and save victims of human trafficking. (7) Removes repetitive language and corrects a grammatical error.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 64 w/ HA 2SignedParadeeThis Act promotes increased capital investment at Delaware casinos by restructuring the table games licensing fee reduction currently received by video lottery agents to allow capital investments greater than the minimum amounts required under § 4815(b)(3)a. of Title 29 of the Delaware Code to count toward the allowable license fee reductions. For ease of administration, this Act also aligns time periods for both table games and video lottery calculations.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.
SB 92SignedWalshThis bill amends the Delaware Public Employment Relations Act by expanding the jurisdictional application of the Act to employers with less than 100 employees and as few as 25 employees.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC EMPLOYMENT RELATIONS ACT.
SB 110SignedLockmanThis Bill increases the courthouse municipality fee assessed on limited liability company (LLC) filings and corporate filings from $20 to $40. The fee is expected to raise $8.5 million to be distributed to the municipalities designated as the places of holding the Court of Chancery. The fee is distributed to the municipality in the county in which a business entity’s registered office is located.AN ACT TO AMEND TITLE 6 AND TITLE 8 OF THE DELAWARE CODE RELATING TO THE COURTHOUSE MUNICIPALITY FEE.
HCR 48PassedS. MooreThis Concurrent Resolution commends the 2023 Delaware Educational Support Professional of the Year, Heather Hitchens, and all of the District/Charter Network Educational Support Professionals of the Year.COMMENDING HEATHER HITCHENS REPRESENTING THE LAKE FOREST SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S EDUCATIONAL SUPPORT PROFESSIONAL OF THE YEAR FOR 2023 AND COMMENDING EACH SCHOOL DISTRICT AND CHARTER NETWORK’S EDUCATIONAL SUPPORT PROFESSIONAL OF THE YEAR.
HCR 49PassedCarsonThis Concurrent Resolution recognizes May 20, 2023, as Armed Forces Day in Delaware.RECOGNIZING MAY 20, 2023, AS "ARMED FORCES DAY".
SS 1 for SB 103SignedS. McBrideElectric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate of 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. This Act is a substitute for Senate Bill No. 103. Like Senate Bill No. 103, this Act will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gases to curtail global warming. Also like Senate Bill No. 103, this Act achieves these goals by doing the following: (1) Requiring that newly constructed single-family and multi-family residential dwellings include certain electric vehicle charging infrastructure. (2) Providing county and municipal government enforcement of the electric vehicle charging infrastructure requirements of this Act. Additionally, like Senate Bill No. 103, this Act expires on the date of publication in the Register of Regulations of a notice by the Secretary of the Department of Natural Resources and Environmental Control that the Regulations for State Energy Conservation Code, Regulation 2101 of Title 7 of the Delaware Administrative Code, which are adopted under § 7602 of Title 16 of the Delaware Code, have been updated to match or exceed the standards adopted by this Act. This Act differs from Senate Bill No. 103 as follows: (1) Removes language from the definition of “electric vehicle capable parking space” for clarity. (2) Clarifies that “multi-family residential dwelling” includes only boarding houses, hotels, and motels with nontransient occupants. (3) Clarifies that this Act applies to the construction of a multi-family residential dwelling for which an application for final site plan approval is submitted on or after January 1, 2025. (4) Clarifies that if the single-family residential dwelling does not have an attached or detached garage, an electric vehicle capable parking space must be provided in the driveway, assigned parking space for the dwelling, or at an unassigned non-street residential parking space constructed as part of the project.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING INFRASTRUCTURE FOR RESIDENTIAL DWELLINGS.
SS 1 for SB 87SignedHuxtableThis Act is a substitute for Senate Bill No. 87. Like Senate Bill No. 87, this Act does the following: (1) Clarifies that the exemption from the realty transfer tax for conveyances to or from an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code when the purpose of the conveyance is to provide owner-occupied housing to low and moderate income households applies to rehabilitating residential properties and reselling the properties without profit and to constructing residences on properties and reselling the properties without profit. (2) Exempts any portion of a conveyance in which it is the grantee’s intent to construct affordable housing units and the conveyances are financed using funding provided by the federal government, this State, or a county or municipality of this State for the purpose of constructing affordable housing units, defined as a residential dwelling for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development. (3) Clarifies that individuals are first-time homebuyers if they intend to occupy the property being conveyed as their principal residence after the construction of a residence on the property to include circumstances where the residence cannot be built within 90 days after the property is purchased. (4) Corrects the first-time homebuyer definition related to individuals purchasing as joint tenants or cotenants to replace “none” with “neither” to conform the number of joint tenants or cotenants indicated by the indefinite pronoun to the number indicated by the use of “both” later in the sentence. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 87 by removing the exemption created by Senate Bill No. 87 for any portion of a conveyance financed through the federal Low Income Housing Tax Credit program. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX.
HCR 53PassedGriffithThis resolution recognizes May 2023 as "Foster Care Month" in the State of Delaware.RECOGNIZING MAY 2023 AS "FOSTER CARE MONTH" IN THE STATE OF DELAWARE.
SS 2 for SB 72SignedPooreIn 2017, the federal Tax Cuts and Jobs Act (TCJA), Public Law No. 115-97, suspended many itemized deductions from individual federal taxes until January 1, 2026, including the itemized deduction for costs to maintain membership in a labor organization. Senate Bill No. 72 created a tax credit for resident individuals equal to the annual cost, not to exceed $500, to the individual to maintain membership in a labor organization. Senate Substitute No. 1 for Senate Bill No. 72 made the annual cost to a resident individual to maintain membership in a labor organization an itemized tax deduction, not to exceed $500. Senate Amendment No. 1 to SS 1 for SB 72 sunset this itemized deduction when the federal tax deduction for costs to maintain membership in a labor organization is restored. Like SS 1 for SB 72, Senate Substitute No. 2 for Senate Bill No. 72 creates an itemized tax deduction for the annual cost to a resident individual to maintain membership in a labor organization. SS 2 for SB 72 differs from SS 1 for SB 72 as follows: 1. It does not allow an individual to take this deduction if the individual has taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization. 2. It clarifies that this exemption does not include payments that are not deductible under federal law for amounts paid to or through a labor organization for employee benefits, pension contributions, other compensation, or that were used in connection with lobbying or political expenditures, or settlement or investigatory costs or assessments of a government entity. 3. Does not define “labor organization”, because under § 1101 of Title 30, it has the same meaning as when used in federal law in reference to federal income taxes. If an individual deducts any cost to maintain membership in a labor organization from their federal income tax return, that deduction flows through to the state return. By limiting this deduction to individuals who have not taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization, SS 2 for SB 72 does not need to sunset, because if federal law restores or creates a similar deduction in the future and an individual uses that deduction, the individual cannot claim the same deduction again on their state income tax return. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
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 116SignedK. WilliamsThis Act requires public institutions of higher learning to grant credit for advanced placement examination scores of 3 or higher. An instution may require a score higher than 3 if the credit is to be used for meeting a course requirement for a particular major or program, provided that the student can receive course credit for that examination in an area outside of the student’s major or program area. The institution must publish its advance placement score policies on its website. This Act takes effect on August 1 following its enactment into law. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ADVANCED PLACEMENT EXAMINATIONS.
HB 126SignedNealThis Act clarifies to whom the annual report must be sent and the date that the report must be submitted.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE CLEAN WATER FOR DELAWARE ACT.
HS 1 for HB 66Out of CommitteeShupeHouse Bill No. 66 adds required information to annual reports issued by the Department of Education (Department), currently known as School Performance Data Reports, and which are available on the Department’s website as the Delaware Report Card. Like House Bill No. 66, House Substitute No. 1 for House Bill No. 66 adds the following requirements: 1. That there is a link to these reports on both the home page of the Department’s website and the school choice website. 2. That these reports include a list of career pathways offered at a high school and must continue to include proficiency rates. House Substitute No. 1 for House Bill No. 66 reflects that the Department provides more education-related data than the annual reports required under existing law and that the Department has already made changes to their website in response to House Bill No. 66. The changes the Department has made makes education-related data more user friendly for the public, including links to the reports from more webpages and instructional videos to help people use the data. Specifically, House Substitute No. 1 for House Bill No. 66 differs from House Bill No. 66 as follows: 1. Does not require the ability to generate side-by-side comparisons of the Education Profiles for multiple schools or school districts so that data for multiple entities can be reviewed at the same time. This requirement is being removed because changes have been made to make these comparisons more accessible and because of the cost required to generate the side-by-side comparisons. 2. Changes the term “Education Profile” to “education-related data” to reflect the broad range of data that the Department publishes, in addition to the annual reports required under existing State and federal law. 3. Does not delay implementation of the new requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual which includes revisions to clarify repetitive, confusing, or contradictory language.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE PUBLIC EDUCATION PROFILES.
SCR 60PassedPinkneyThis Senate Concurrent Resolution designates May 25, 2023, as “Africa Day” in Delaware.DESIGNATING MAY 25, 2023, AS “AFRICA DAY” IN THE STATE OF DELAWARE.
HB 148SignedBaumbachThis Act makes updates to Title 15 related to the efficient administration of elections. Section 1 requires that ballots and sufficient materials essential for the administration for each election shall be provided to each polling location on Election Day.   Section 2 revises, consolidates, and clarifies the sections of the Code that address opening and preparing ballots for tabulation. Updates are made to the language to reflect the use of electronic scanning and tabulation machinery rather than written tally sheets. It also clarifies the process for creating a duplicate ballot that can be read by the machine in the event the original ballot is unreadable. For administrative efficiency, the Act extends the time when ballots may be opened and processed to begin 30 days before the election rather than the Friday before the election.Finally, instead of requiring the teams of election judges to be composed of half Democrats and half Republicans, the requirement would now be that no more than half of the members of the team may be registered with any one party. This allows independents or members of smaller parties to participate as election judges but prevents any one party from dominating a team, as a safeguard against fraud. The requirement that ballots may only be opened and processed in public meetings, with challengers present, and that the ballots at all times are securely stored is maintained. The results of the ballots are not permitted to be extracted or reported before the polls have closed on the day of the election AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
SCR 58PassedPettyjohnThis Senate Concurrent Resolution designates the month of May 2023 as "Lyme Disease Awareness Month" in the State of Delaware.DESIGNATING THE MONTH OF MAY 2023 AS "LYME DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
HB 153Out of CommitteeSchwartzkopfThis bill permits political committees to make donations to any religious, charitable, educations or scientific organization exempt from Delaware income tax under Delaware tax laws or to any volunteer fire company.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CAMPAIGN CONTRIBUTIONS AND EXPEDITURES.
SCR 61PassedHuxtableThis resolution designates May 18, 2023 as "Global Accessibility Awareness Day" in the State of Delaware, affirms the importance of making the internet and technology accessible to all, and encourages expanded efforts to keep Delaware residents properly informed about the need for equitable digital access and inclusion.DESIGNATING MAY 18, 2023, AS “GLOBAL ACCESSIBILTY AWARENESS DAY” IN THE STATE OF DELAWARE.
SCR 59PassedHuxtableThis Concurrent Resolution recognizes May 22, 2023 as “National Maritime Day” in Delaware.RECOGNIZING MAY 22, 2023 AS NATIONAL MARITIME DAY.
HA 2 to SB 64PassedLonghurstThis amendment requires that an accounting of qualified investments be delivered to the Controller General as well as to the Lottery Director and that no license fee reduction is allowed unless the Controller General and the Lottery Director both approve the accounting. It further provides that the reduction is available only for a video lottery facility for which the beneficial ownership remained the same during the year in which the license fee reduction is sought. Finally, the amendment provides that this Act will sunset 1 year from its effective date absent further action of the General Assembly.  

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Housing
Labor
Natural Resources & Energy
Revenue & Finance

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Appropriations

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records