Daily Report for 6/1/2023

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 3 to SB 51StrickenBaumbachThis amendment adds whereas clauses to Senate Bill No. 51 which provide additional information regarding the impact on and longevity of polystyrene in landfills. It clarifies that a food establishment’s license may not be suspened or revoked for violation of this chapter, and delays the penalty provision to 1 year after the effective date, and defines a violation of the chapter as a “core item” under the Delaware Food Code. Finally, it directs that by December 31, 2023, the DSWA shall submit a reportregarding the use of and potential substitutes for polystyrene foam from food establishments and other sources, and the disposal challenges and recycling options for waste polystyrene foam, identifying steps which can be considered in order to achieve the goal of reducing or eliminating polystyrene foam being added to landfills or open dumps in the State. 
HS 1 for HB 121CommitteeD. ShortThis bill would allow the City of Seaford to authorize artificial entities, limited liability corporations' partnerships, and trusts to vote in Municipal elections held in Seaford following the principle of "one person/entity/one vote".AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO THE CITY'S ABILITY TO AUTHORIZE ARTIFICIAL ENTITIES, LIMITED LIABILITY CORPORATIONS' PARTNERSHIPS AND TRUSTS TO VOTE IN MUNICIPAL ELECTIONS HELD IN SEAFORD.
SA 1 to SB 129PassedWalshThis Amendment deletes the definition of "euthanasia rate" from the bill.  
SA 1 to SB 55PassedPooreThis amendment makes the following changes to Senate Bill No. 55: 1) It establishes the Rare Disease Advisory Council within the Office of the Lt. Governor instead of the Department of Health and Social Services. 2) It amends the provision about the hospital administrator appointee to the Council by requiring that the appointee be from an acute care hospital in Delaware. 3) It increases the size of the Council from 11 members to 14 members, by adding the following: a) a second Delaware resident, who either has a rare disease or has experience caring for a person with a rare disease, b) an administrator from a biopharma manufacturer, and c) a licensed genetic counselor. 4) It establishes that staffing support for the Council will be provided by the University of Delaware Institute for Public Administration.  
HA 1 to SS 1 for SB 1PassedMinor-BrownThis Amendment does all of the following: (1) Inserts 2 additional forms of information that the Right to Representation Coordinator must include in the Coordinator’s annual report. (2) Clarifies that mediation must be scheduled and completed no later than 48 hours before the trial date, and that a tenant’s failure to complete mediation may not delay the scheduling or commencement of trial. (3) Makes a technical correction. 
HA 1 to HB 9PassedGriffithThis Amendment requires OMB to submit an implementation report relating to the procurement of zero-emission vehicles every 3 years. It also requires a report detailing recommendations to further lower carbon emissions in the statewide fleet by January 31, 2035. Finally, this Amendment exempts emergency vehicles from the zero-emission vehicle requirements of HB 9.  
HA 1 to HB 200PassedLonghurstThis Act provides clarification regarding services offered by school counselors and requires applicants for the mental health critical need reimbursement program to commit to working in Delaware schools for at least 3 years following receipt of license or certification. 
HB 173CommitteeS. MooreCurrently school employees must use their accumulated sick leave to take off for a religious holiday that is not a State recognized religious holiday. This Act allows for 2 floating holidays per school year that would not fall within a State recognized religious holiday. The 2 floating holidays are not to be considered part of the employee's sick leave and cannot be accumulated. The building administrator must approve the request to be absent for a floating holiday but cannot ask the reason for the request. A request may only be denied if school operational requirements cannot be met.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ABSENCES OF SCHOOL EMPLOYEES.
HA 1 to HB 151PassedMorrisonThis amendment revises a description of behavior that constitutes abuse. 
HS 1 for HB 142Lieu/SubstitutedMorrisonThis bill precludes the so-called LGBTQ+ "panic" defense that seeks to partially or completely excuse or justify a defendant from full accountability for the commission of a crime on the grounds that the actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth of the victim is sufficient to explain, excuse, or justify the defendant's conduct, or contributes to or causes the defendant's mental state, or that the defendant’s reaction thereto constitutes a mental illness, mental defect, or mental disorder sufficient to excuse or justify the defendant's conduct (including under circumstances in which the victim made a nonviolent romantic or sexual advance toward the defendant or in which the defendant and the victim dated or had a romantic or sexual relationship). Sections 1 and 3 of this bill move the definitions for gender identity and sexual orientation currently in the hate crimes statute to the general definitions section of the Criminal Code to maintain standard definitions of these terms throughout the Criminal Code. Section 2 of this bill provides that in any prosecution or sentencing for an offense: (i) a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; (ii) for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; and (iii) a defendant does not suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant’s mental state relating to any questions of intent, knowledge, capacity to appreciate the wrongfulness of the defendant's conduct, disturbance of the defendant's thinking, feeling or behavior, culpability, willpower to choose whether to do or refrain from doing an act, or ability to distinguish right from wrong, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth. This bill does not preclude a defendant from availing themself of any defense permitted by the Delaware Criminal Code or other applicable Delaware law on bases other than those specifically precluded by this bill.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE
HA 1 to HB 8PWBOsienskiThis amendment clarifies that the “Director of the Office” references the Director of OMB. It also requires the committee to consult with representatives/experts from the contracting and material industry in the development of the preferences and in any annual reevaluation and updates to the clean construction preferences. 
HA 1 to HS 1 for HB 60PassedRomerThis amendment changes the application date to December 31, 2024. 
HB 179CommitteeBushThis Act requires the Department of Transportation to issue an entrance permit to a private or public utility upon presentation of a satisfactory entrance permit application where the private or public utility owns or has an easement for the entrance location.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ENTRANCE PERMITS.
SB 162CommitteeMantzavinosThis Act will establish the ability for contracted third-party agreements between select qualified private companies and the Delaware Division of Motor Vehicles to process certain vehicle-related services. This will act as an additional resource if chosen by Delaware residents or their secured interests. For years, Delaware’s Division of Motor Vehicles has struggled to conduct timely vehicle processing of residents’ titling and registrations, with an average wait time exceeding 4-8 weeks for in-state and out-of-state purchases. With the population now exceeding one million residents, allowing third parties to assist in vehicle processing will ensure timely processing of motor vehicles applications while alleviating the strain on DMV locations and personnel.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATED TO MOTOR VEHICLES.

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Education
Elections & Government Affairs
Environment, Energy & Transportation
Executive
Finance
Health & Social Services
Judiciary
Labor

House Committee Assignments

Committee
Administration
Appropriations
Natural Resources & Energy

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Adams, Stephani L.ConfirmedJustice of the Peace in and for Sussex CountyReappointment
Castro, Maria A.ConfirmedJustice of the Peace in and for Sussex CountyReappointment
Crowley, Bethany A.ConfirmedJustice of the Peace in and for Sussex CountyReappointment
Freel, Beatrice A.ConfirmedJustice of the Peace in and for New Castle CountyReappointment
Glasscock, SamConfirmedVice Chancellor of the Court of Chancery of the State of DelawareReappointment
Hanby, James R.ConfirmedJustice of the Peace in and for New Castle CountyReappointment
Hoof, BobbyConfirmedJustice of the Peace in and for New Castle CountyReappointment
McCabe-Stroman, CherylConfirmedJustice of the Peace in and for New Castle CountyReappointment
Portante, Christopher R.ConfirmedJustice of the Peace in and for New Castle CountyReappointment
Smith, Judy A.ConfirmedJustice of the Peace in and for Kent CountyReappointment
Vodery, Rodney D.ConfirmedJustice of the Peace in and for New Castle CountyReappointment