Daily Report for 6/22/2023

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 17DefeatedRamoneThis resolution requests that the Department of Natural Resources pause its ongoing process of promulgating California ACCII regulations. The Department is requested to determine the fiscal impacts of imposing the ACCII regulations on Delawareans. A further request is made that the Department evaluate the approach taken by Pennsylvania and Colorado, two states that, like Delaware, have chosen to follow California vehicle emissions regulations under Section 177 of the U.S. Clean Air Act. The Department is also requested to evaluate the protocol observed by 33 other states in following the EPA vehicle emission regulations. A report is requested to be provided to the General Assembly by March 15, 2024. Until the delivery of the report, it is requested no further action be taken towards promulgating the proposed ACCII regulations.REQUESTING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL (DNREC) PAUSE AND RECONSIDER THE PROCESS OF PROMULGATING THE CALIFORNIA ADVANCED CLEAN CAR II (ACCII) REGULATIONS THAT SEEK TO RESTRICT, AND ULTIMATELY ELIMINATE, THE SALE AND REGISTRATION OF NEW LIGHT-DUTY FUEL-POWERED VEHICLES IN DELAWARE BY MODEL YEAR 2035.
SCR 87PassedHockerThis Senate Concurrent Resolution proclaims the month of October 2023 as “Depression Awareness Month” in the State of Delaware. RECOGNIZING THE MONTH OF OCTOBER 2023 AS "DEPRESSION AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 90PassedHuxtableThis Concurrent Resolution encourages institutions, agencies, entities, and businesses that operate within Delaware, to purchase Delaware-grown food and value-added items. The Resolution also directs the Delaware Council on Farm and Food Policy to work with state agencies, higher education institutions, and other partners to prepare a report outlining current local procurement efforts to support a locally sourced food economy in Delaware, and to submit the report to the Governor and the members of the General Assembly by June 30, 2024. In addition, any updates on efforts must be submitted by December 31, 2024.ENCOURAGING STATE AGENCIES AND BUSINESSES WITHIN THE STATE TO PURCHASE DELAWARE-GROWN FOODS FROM STATE AGRICULTURE AND AQUACULTURE OPERATIONS.
HA 1 to HB 227StrickenLambertTo better identify those communities in which lead screening numbers are low and to increase community awareness and engagement, this Amendment clarifies that primary health-care providers must report results to the Division of Public Health for every instance of screening, in addition to the 12 and 24 months scheduled screenings. Along with the results, the forms must contain the provider's information and the date of screening. It further requires all school districts and charter schools to report the number of students enrolled in kindergarten who have not provided proof of screening, or a certificate signed by a parent stating that screening is contrary to the parent's religious beliefs. Finally, this Amendment removes Sections 3 and 4 from the bill that requires health-care providers to complete a training program every 2 years on their obligations under Chapter 26, the Childhood Lead Poisoning Prevention Act.  
HA 2 to HB 155StrickenGriffithThis amendment defines "locked container" for purposes of House Bill No. 155. This amendment also clarifies that the provisions of unsafe storage of a firearm in vehicle does not apply to holders of a valid license to carry concealed deadly weapons. 
HB 245CommitteeCollinsThe Constitution of the State of Delaware creates 3 branches of State Government, the Legislative, Executive, and Judiciary, each having certain delineated responsibilities or powers within a framework that limits and separates the powers of each branch from the other. The doctrine of separation of powers is a fundamental part of constitutional government. The Justices of the Delaware Supreme Court have, in quoting William Blackstone, recognized that "whenever the [legislative and executive] powers are united together, there can be no public liberty". In re Request of Governor for Advisory Opinion, 722 A. 2d 307 (1998). This Act's purpose is to require the legislative branch to reasonably restrict or confirm the executive branch in its exercise of emergency powers, thereby maintaining a balance or separation of powers between the executive and legislative branches of state government. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 180 days, good governance requires participation by the General Assembly in person or virtually to approve extensions of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly in person or virtually to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed. The time limits proposed by this Act are similar to those limits applicable to emergency regulations under the Administrative Procedures Act, 29 Del. C. § 10119. This Act shall become effective immediately upon the ending of the Governor's term of office next occurring after the enactment of this Act.AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT.
HB 246CommitteePhillipsCurrently each county has its own riparian buffer requirements. The intent of this Act is to make minimum riparian buffer areas uniform throughout the State in unincorporated areas and incorporated municipalities that do not hold a Municipal Separate Storm Sewer System(“MS4”) permit. This Act creates a new Chapter 10A of Title 9 which sets forth the following minimum riparian buffer areas: (1) 300 feet to the streamline, as defined by the mean high water line, of any tidal water body, tidal steam or tidal marsh; (2) 300 feet to the shoreline, as defined by the mean highwater line, of any nontidal freshwater body, lake, pond, or blue-line stream; and (3) 50 feet to the shoreline or top of bank, as defined by a greater than 50% change in slope in a distance of less than 10 feet of any non-blueline stream, creek or drainage ditch. The Act sets forth permitted uses not subject to the minimum buffer requirements. The Act requires the 3 Counties to adopt substantive and technical rules and regulations to implement the minimum riparian buffer areas and establish rules for specified uses. The Act requires all 3 Counties, by June 30, 2024 to amend their land use laws by adopting the minimum riparian buffer areas and adopting rules and regulations. The Act permits the Planning and Land Use Departments, in conjunction with the County Planning Directors, to create a coordinated program that educates and trains the public about the requirements of this Act. This Act takes effect on June 30, 2024.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ESTABLISHING UNIFORM MINIMUM RIPARIAN BUFFER AREAS.
SCR 94PassedMantzavinosThis resolution recognizes June 2023 as Alzheimer's and Brain Awareness Month and urges all Delawareans to wear purple to help spread awareness of Alzheimer's and all other dementia.RECOGNIZING JUNE 2023 AS ALZHEIMER’S AND BRAIN AWARENESS MONTH.
HS 1 for HB 162 w/ HA 3SignedLynnHouse Bill 162 authorizes the process of natural organic reduction to be used in this State. Natural organic reduction is the gentle, respectful process that accelerates the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips, or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere. The process also uses 1/8 the energy of cremation. Section 3 removes "and by the Attorney General or a deputy attorney general" from § 3163 of Title 16, which was overlooked when Chapter 164 of Volume 68 of the Laws of Delaware was enacted, removing similar language in § 3159 of Title 16. Section 12 of this Act replaces the citation to § 3162 of Title 16 with a citation to § 3159. Section 3162 was transferred to § 3159 when Chapter 31 was reenacted by Chapter 274 of Volume 68 of the Laws of Delaware, but this citation was overlooked. This Act takes effect the earlier of 1 year from the date of the Act's enactment or notice in the Register of Regulations that final regulations to implement this Act have been adopted. 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 § 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 expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. This Substitute No. 1 to HB 162 adds requirements to those already set forth in HB 162 for natural organic reduction facilities and changes the permissible chemical limits for final remains after natural organic reduction. This Substitute also sets forth circumstances that preclude remains from being admitted to a natural organic reduction facility. This Substitute defines “final remains” and “last remains” identically in Title 12 of the Delaware Code to allow for the use of either phrase throughout that Title. This Substitute also makes typographical and technical corrections to conform existing and drafted law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLES 9, 12, 16, 24, AND 29 OF THE DELAWARE CODE RELATING TO HUMAN REMAINS.
SCR 93PassedGayThis resolution recognizes the 51st anniversary of Title IX and its positive impact on students.RECOGNIZING TITLE IX'S 51ST ANNIVERSARY AND ITS POSITIVE IMPACT ON STUDENTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 72SignedDorsey WalkerThis bill raises the public bidding thresholds for procurement of goods, contractual services, professional services and public works contracts by county governments to match the bidding thresholds set forth by the State of Delaware’s Contracting and Purchasing Advisory Council or otherwise set forth by state law. Section 1 of this bill addresses the bidding thresholds set forth in 9 Del C. § 314. First, this bill removes subsection f, which exempted Kent County from subsection a, which will now apply to all counties. Second, this bill grants Sussex County the same power and authority with respect to sole source procurement, emergency needs, contract performance, multiple source contracting as granted to the State under Chapter 69 of Title 29, an authority already granted to the government of New Castle County and Kent County. Finally, this bill grants Sussex County the same power and authority as Kent County and New Castle County to grant contracts without requesting competitive bids and without awarding such contract to the lowest bidder when such contracts are for engineering, legal or other professional services requiring special skills or training. Section 2 of this bill modifies the procedure by which the Financial Officer of Sussex County may award public contracts and aligns it with the procurement procedure set forth in Section 1 of this bill.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY BIDDING THRESHOLDS.
HB 120 w/ SA 2SignedCookeSpeeding is a contributing factor in many serious injury motor vehicle crashes and roadway fatalities. This Act adds operating a motor vehicle at a speed of 90 miles an hour or more to the definition of reckless driving. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.
HB 130SignedLonghurstThere are thousands of casual/seasonal employees, who work for the State of Delaware. These hard-working individuals make up a critical part of the state government workforce and play a significant role in keeping our state running and delivering services to the people of Delaware. Since these individuals are not eligible for the state pension plan, many of them are eager to participate in a retirement savings plan so that they can save, invest, and build wealth for a secure and comfortable retirement. Currently, these individuals are not permitted to participate in the state’s 457(b) plan. This bill allows casual/seasonal employees the opportunity to participate in the 457(b) plan.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE.
SB 108 w/ SA 1SignedPooreThis Act revises the State's Gold Alert Program to include missing children and increase dissemination of information to the public to better assist the State's search efforts. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GOLD ALERT PROGRAM FOR CERTAIN MISSING PERSONS.
HS 1 for HB 60 w/ HA 1SignedRomerTo prevent Delawareans from facing exorbitant costs for potentially life-saving screenings and follow-up tests, and to allow providers to use clinical judgement in the use of breast cancer examination tools based on established national standards, this Act requires that all insurance policies issued or renewed in this State include coverage of supplemental and diagnostic breast examinations on terms that are at least as favorable as the coverage of annual screening mammograms. The Act covers all group, blanket, and individual health insurance policies (except specified accident, specified disease, hospital indemnity, Medicare supplement, long-term care or other limited benefit health insurance policies) as well as the State employee healthcare plan and Medicaid. This substitute bill differs from the original bill in that it makes technical corrections, excludes certain health, and adds to the definition of breast MRI.AN ACT TO AMEND TITLES 18, 29, AND 31 RELATING TO BREAST CANCER SCREENING AND DIAGNOSTIC PROCEDURES.
SB 141SignedHuxtableThis Act establishes updated, detailed standards for the practice of hearing aid dispensing. Definitions are added to specify that the standards and requirements pertaining hearing aid dispensing apply to prescription hearing aids only and not to over-the-counter hearing aids. Hearing aid dispenser licensure requirements consist of a high school diploma, six months of on-the-job training, and a national exam. Currently, hearing aid dispensers are expressly prohibited from making medical diagnoses or audiologic evaluations, as set forth in 24 Del. C. § 3702(7). Input from stakeholders demonstrated that HADs were practicing outside the permissible scope of practice. Impermissible activities include cerumen management (wax removal), which is considered invasive, and treating tinnitus (ringing in the ears), which can indicate more complex medical issues. These conditions are appropriately treated by a physician, preferably a hearing specialist. Further, HADs frequently use medical diagnosis codes to ensure payment from insurance carriers, which conflicts with the medical diagnosis prohibition in the current law. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. This Act also clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree and successful completion of a national licensure examination. This Act clarifies that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act further amends provisions relating to examinations to comport with current practice. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act 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 THE BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS, AND HEARING AID DISPENSERS.
SJR 2SignedHansenThis resolution designates August 31, 2023, as "International Overdose Awareness Day" in the State of Delaware, affirms the importance of overdose awareness, and encourages expanded efforts to keep Delaware residents properly informed of the grief that comes from losing a loved one to overdose. DESIGNATING AUGUST 31, 2023, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE.
SB 159SignedSokolaThis Act removes membership with the Blood Bank of Delaware as a recognized benefit by the State due to changes in policies in how hospitals and insurance companies bill for blood replacement and blood replacement procedures.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BLOOD BANK.
SB 176SignedLawsonThis Act requires that an owner be reimbursed up to $1,500 annually for veterinary care expenses paid by the owner for the care of a retired law-enforcement canine. The Department of Safety and Homeland Security shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines from the State Police and Capitol Police. The State Fire Prevention Commission shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines from the Office of the State Fire Marshal. The Department of Correction and the Department of Natural Resources and Environmental Control shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines that assisted their respective divisions. This Act is effective immediately and shall be implemented 6 months after enactment. This Act does not apply to law-enforcement canines that retire before the implementation date of this Act.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED LAW-ENFORCEMENT CANINES.
SB 178SignedS. McBrideUnder § 3716(e) of Title 19, the Family and Medical Leave Program (FMLP) allows the Department of Labor (Department) to approve private benefits in existence on May 10, 2022, as a private plan under the FMLP, for applications submitted by January 1, 2024. This Act revises the appeal process when the Department denies an application under § 3716(e) so that the hearing is conducted by the Secretary of the Department instead of the Family and Medical Leave Insurance Appeal Board (Appeals Board). The primary function of the Appeals Board is to conduct hearings on denials of individual claims for benefits under the FMLP, but individuals will not be eligible for these benefits until January 1, 2026. Thus, the Appeals Board does not otherwise need to be established in 2023, and the expertise members need is in areas other than those needed for appeals of decisions under § 3716(e) of Title 19. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO COMPARABLE PRIVATE PLANS UNDER THE FAMILY AND MEDICAL LEAVE PROGRAM.
SB 179SignedTownsendThis Act replaces references to “Masters” in the Court of Chancery with “Magistrate”. The Court of Chancery, as Delaware’s court of equity, “traces its jurisdiction and powers to the High Court of Chancery in Great Britain at the time of the American Revolution.” DiGiacobbe v. Sestak, 743 A.2d 180, 182 (Del. 1999). At that time in British history, the High Court appointed persons bearing the title “Masters in Chancery” to examine witnesses and prepare reports of their factual findings in causes referred to them. On its formation, the Court of Chancery inherited the power to appoint judicial officers for similar purposes. The General Assembly later adopted laws, and the Court of Chancery adopted rules, expressly memorializing this power. Following the tradition of the High Court, those laws and rules referred to judicial officers appointed to serve at the pleasure of the Chancellor as “Masters in Chancery”. The title of “master” carries negative connotations due to the use of the term as the title of owners of slaves. Although the title “Master in Chancery” has no link to that historical context, the Court of Chancery is sensitive to the title’s negative connotations and so has proposed a new title, “Magistrate in Chancery”. 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 the Delaware General Corporation Law.AN ACT TO AMEND TITLE 8, TITLE 10, TITLE 12, AND TITLE 26 OF THE DELAWARE CODE RELATING TO CHANGES TO THE TITLE “MASTER IN CHANCERY”.
SB 184SignedGayResearch has shown that certain underwriting factors used by insurers, while facially neutral, may have a disparate impact on protected classes. This bill seeks to address this disparate impact by prohibiting certain underwriting and rating factors, despite being correlative with loss, in homeowner’s and private passenger motor vehicle insurance policies. This bill would specifically prohibit an insurer’s consideration of an insured’s or proposed insured’s (i) non-pending arrests, charges and indictments that do not result in conviction, (ii) convictions unrelated to fraud or the risk being insured, or (iii) driver’s license suspensions or revocations for non-driving related reasons. This bill also corrects an incorrect statutory reference in current law.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO USE OF CERTAIN FACTORS IN UNDERWRITING PRIVATE INSURANCE.
SB 185 w/ SA 1SignedMantzavinosThis Act extends the date that the requirements created by Senate Bill 283 in the 151st become effective to allow the Division of Professional Regulation more time to implement these requirements.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO CONTINUING EDUCATION.
SB 186SignedHuxtableThis Act enables Sussex County to use the Voluntary School Assessment (VSA) to address the impact of residential development on school capacity. The following is a summary of the Act’s 3 sections: Section 1 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. It amends § 6961 of Title 9 to add a new subsection (d) that enables Sussex County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA. Section 1 also amends § 6961 to provide that to the extent Sussex County has adopted or adopts any regulations linking or restricting residential developments to school capacity, such regulations are preempted. Section 2 of the Act amends § 842 of Title 22 of the Delaware code, pertaining to school capacity for municipal corporations, to remove specific references to New Castle County. It also revises § 842 to provide that subsection (b) applies to all new residential subdivision plans over 5 units in size for lands located within or annexed into a municipality on or after July 1, 1992; previously, subsection (b) only applied to such lands annexed into a municipality after July 1, 1992. Section 3 of the Act amends § 103 of Title 14 of the Delaware code to conform with the changes to the code contained in Section 1 of this Act, to provide that in calculating the VSA, the average cost per child shall take into account offsite roadway improvements required by the state transportation department, and to remove a specific reference to New Castle County.AN ACT TO AMEND TITLES 9, 14, AND 22 OF THE DELAWARE CODE RELATING TO SCHOOLS.
SB 189 w/ SA 1SignedPooreThis Act adds xylazine and it isomers, esters, ethers, salts and salts of isomers, esters and ethers to Schedule III of the Delaware Uniform Controlled Substances Act and expands the authorization for the distribution of testing strips to determine the presence of controlled substances. According to the United States Drug Enforcement Administration, the emergence of xylazine across the United States appears to be following the same path as fentanyl, starting in the Northeast and then spreading to the South and working its way into drug markets westward, and the low cost of xylazine contributes to xylazine’s increased presence in the nation’s illegal drug supply. Xylazine is approved only for veterinary use, xylazine is a non-opioid with increasing presence as an adulterant, often in conjunction with opioids, in the illicit drug supply. When used alone and in conjunction with other drugs, xylazine is implicated as a cause or contributing cause of death in the United States. When used in conjunction with an opioid, such as heroin or fentanyl, xylazine may worsen respiratory depression in the event of a drug overdose, and because xylazine is not an opioid, naloxone is not known to be effective at reversing overdoses, and there is no known antidote or reversal agent for xylazine overdose in humans. This Act also exempts testing strips from the drug paraphernalia statute and expands the limitations on liability for lay individuals and organizations that provide a drug testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm. This Act becomes effective upon the expiration of the Emergency Order issued by the Secretary of State placing Xylazine in Schedule III of the Uniform Controlled Substance Act or November 29, 2023, whichever is earlier.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT AND DRUG TESTING STRIPS.
SB 190SignedHoffnerSince its creation the Water Supply Coordinating Council (the Council) has provided critical guidance to proactively address identified water supply issues. However, the actions of the Council have largely focused on recommendations and implementation associated with water supplies in the drought-prone portions of Northern New Castle County. While the water supplies in that area remain critical to the State, additional focus is needed on similar water supply coordination in other portions of the State as well. Many of the Council’s reports have made recommendations for other actions in these areas, however, it is critical that appropriate local/regional representation be included to receive the necessary input and feedback that made the New Castle County implementation successful. Therefore, this Act is intended to reconstitute the Council to provide for a smaller more consistent quorum for state-wide coordination while establishing the structure for direct regional (County-level) contributions and implementation. It is intended that the preliminary charge of each County-level subcommittee will be to establish the appropriate memberships to best address their prioritized concerns.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WATER SUPPLY COORDINATING COUNCIL.
SB 192SignedSokolaIn 2015, the General Assembly, in Chapter 28 of Volume 80 of the Laws of Delaware, designated as subsection (d) the last sentence of § 4201(c) of Title 11 regarding attempts to commit a felony listed as a violent felony (“the last sentence”). The clear intent of the 2015 legislation was to make a technical correction, not to make a substantive change. However, the General Assembly should have designated the last sentence as paragraph (c)(2), as the intent of the General Assembly was to maintain the connection between the violent felony list and the last sentence, such that citations to § 4201(c) of Title 11 were intended to reference both the violent felony list and the last sentence. This Act makes a technical correction of this inadvertent Delaware Code designation error.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CLASSIFICATION OF OFFENSES.
SS 1 for SB 163 w/ SA 1CommitteeSokolaThis bill updates the State’s charter school law to codify the original intent of charter schools to encourage the use of different and innovative or proven school environments and teaching and learning methods; provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts; and to provide for a well-educated community. The substitute bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14 and provides for the ability to hire the leaders and staff that they deem beneficial to the success of the school’s educational program and the needs of students and staff. There are multiple pathways that people can travel to get to their administrative positions and all of their experiences on their journey are beneficial to the education and success of Delaware’s children. To that end, the substitute bill also defines “Instructional Administrator” at a charter school and the necessary experience and education required. It also directs the Department of Education to work with the Professional Standards Board and the Delaware Charter Schools Network to provide for the implementation of regulations for current and future Instructional Administrators in accordance with this bill. This will require modifications to Regulation 1596 Charter School Leader to make corresponding changes to align with the substitute bill if passed and signed into law. The Department of Education will also work with the Charter Schools Network to develop a “qualified alternative certification program” to provide flexibility for charter schools to hire Instructional Administrators working towards the required licensure and certification. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.
SA 1 to SB 185PassedMantzavinosThis Amendment clarifies the date for when the Act applies to doctors’ licenses and changes the date for when the Act applies to nurses’ licenses.  
SA 1 to SS 1 for SB 163PassedSokolaThis amendment adds annual reporting requirements to the bill and provides a sunset date for the reporting requirements. 
SA 1 to SB 189PassedPooreThis amendment provides that the Act sunsets on November 29, 2024.  
SA 2 to HB 120PassedHoffnerThis amendment creates a new penalty scheme for those convicted of the charge of Reckless Driving when it is based on speeding at more than 90 miles per hour. 
SA 1 to SB 108PassedPooreThis Amendment replaces all references to "unemancipated minor" or "unemancipated minors" with "child" or "children" to reflect Delaware does not recognize emancipation of minors.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 32 w/ SA 1SignedPooreThe bill adds visual impairments including blindness to the list of programs to be conducted on a 12-month schedule.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
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.
HA 1 to SB 51PassedMichael SmithThis Amendment removes the exceptions for fire companies and nonprofit organizations from the prohibition on providing ready-to-eat food in polystyrene foam food service packaging. 
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.
SB 126SignedMantzavinosThis Act clarifies that State building code and other local codes must align with substitute standards for refrigerants as approved by the United States Environmental Protection Agency through their federal listing requirements. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REFRIGERANTS.
HA 2 to SB 51PassedBaumbachThis Amendment narrows the health-care provider exception from the prohibition on providing ready-to-eat food in polystyrene foam food service packaging to only food provided to a patient or resident. 
SB 138SignedHoffnerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware Byway Advisory Board ("Board"). First formed in 2000, the Board has served in an advisory role relating to the Delaware Byways Program. The Board's primary purpose is to assist in and make recommendations regarding in the designation, development, operation, management, and promotion of Delaware byways. During the initial development of the Delaware Byways Program, the Board consulted with the Department of Transportation’s planning division to create the Delaware Scenic and Historic Highways Program Guide in 2001. The Guide defined the creation, organization, and ongoing management of designated byways in Delaware. Six byways were designated in Delaware between 2002 and 2010. The Board met regularly from 2000 through 2005, with its last known meeting in 2005. The Delaware Byways Program no longer accepts applications for new byways, and the existing 6 byways are self-governed by byway management organizations and individual corridor management plans. For these reasons, and with the support of the Department of Transportation, the Joint Legislative Oversight and Sunset Committee concluded that, although the Board once served an important role relating to byways in Delaware, the Board is no longer meeting its statutory duties or fulfilling a state need, and that the Board should be terminated. This Act therefore terminates the Delaware Byway Advisory Board.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE DELAWARE BYWAYS PROGRAM.
SB 137SignedHoffnerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Tourism Advisory Board ("Board"). First formed in 1981, the Board has served in an advisory role to the Delaware Tourism Office, Division of Small Business, and the Department of State. The Board's primary purpose is advocating for and promoting tourism in Delaware. Its duties include researching and studying matters appropriate to best support the Delaware Tourism Office functions. The Board was once heavily involved in providing the Tourism Office with advice and support. By 2013, however, the Tourism Office's need for the Board's advice and support decreased, as the Tourism Office's staffing and funding structure were improved under the Delaware Economic Development Office. Now under the Division of Small Business, the work of the Tourism Office is captured in the Division's annual report, which has not referenced the Board for at least the last 5 years. The Board's only official act since 2018 was a letter to the General Assembly to support the inclusion of short-term rentals under the State's Public Accommodations Tax. Over the last 10 years, the Tourism Office has run a successful tourism program without the advice or support of the Board, including winning prestigious industry awards, launching marketing initiatives, holding workshops to support the tourism industry, and releasing the latest Value of Tourism publication in 2019. For these reasons, and with the support of the Tourism Office, the Joint Legislative Oversight and Sunset Committee concluded that, although the Board once served an important role in tourism in Delaware, the Board is no longer meeting its statutory duties or fulfilling a state need, and that the Board should be terminated. This Act therefore terminates the Tourism Advisory Board.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TOURISM ADVISORY BOARD.
SB 136SignedHoffnerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware State Arts Council, and does the following: - Removes or updates outdated language. - Clarifies Council members' terms. - Updates the method for chair selection and provides that this update does not take effect until the current chair resigns or the chair position is otherwise vacant. - Clarifies quorum. - Clarifies that the Delaware Division for the Arts provides reasonable staff support to assist the Council. - Clarifies the Council's authority to create subcommittees. - Clarifies that Council members may participate in the grant review process as needed. 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 DIVISION OF THE ARTS.
SB 135SignedHoffnerThis Act relates to the Joint Legislative Oversight and Sunset Committee's ("Committee") review of the Provider Advisory Board ("Board"). As part of that review, the Committee approved a recommendation to consolidate the functions of the Board into the functions of the Delaware Early Childhood Council ("DECC"). The Board's review is held over to 2024, and Committee staff will monitor and report back to the Committee in 2024 on the implementation of the recommendation to consolidate these functions. To ensure that the functions consolidated into the DECC remain accurate, this Act reflects the changes to the Board's functions under § 3007A, Title 14 that do not take effect until July 1, 2024.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.
SB 134SignedHoffnerThis Act updates the Legislative Oversight and Sunset Act, the governing statute for the Joint Legislative Oversight and Sunset Committee (“JLOSC”), to reflect updated and modern review practices and standards. The more significant changes include: - Establishing the term “entity” to denote the organization that is under review. “Agency” has been the term used, but when discussing JLOSC reviews, “agency” could mean either the organization under review or the more common usage of any State agency. Because JLOSC’s reviews routinely include references to or assistance from State agencies that are not under review, using the term “entity” to mean the organization that is under review creates a distinction intended to avoid confusion. - Clarifying quorum, including the impact of participating virtually in a meeting. - Creating a new type of review, a focused review, to replace the antiquated and rarely-used rules review and distinguish a focused review from a “full review.” A full review is the standard review that JLOSC has historically performed, in which the entire entity is assessed. A focused review, in contrast, looks at specific components within an entity. A focused review is a more efficient assessment when only certain areas of an entity need to be reviewed. - Clarifying JLOSC’s powers and duties, including updating JLOSC members’ duties versus staff duties to reflect current, modern practices. - Clearly establishing 3 types of reports produced in JLOSC’s work: self-reports from the entity under review, staff reports from JLOSC staff, and annual reports from JLOSC summarizing the work performed each year. - Codifying the confidentiality with which JLOSC and its staff have treated records from an entity under review and exceptions or waivers of confidentiality. - Establishing that a record protected against public disclosure under the Freedom of Information Act does not lose its protection by virtue of the entity submitting the record as part of its review. - Clarifying the purpose and standard for conducting a performance evaluation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Some of the types of technical corrections include changing the plural to the singular wherever appropriate and consistent with both the Drafting Manual and § 304 of Title 1; replacing passive voice with active voice; and, to increase readability, breaking down large, block paragraphs into lists where possible.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT.
SB 149 w/ SA 1SignedSokolaThis Act would move the 2024 presidential primary election for major political parties from the fourth Tuesday in April to the first Tuesday of April. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRESIDENTIAL PRIMARY ELECTIONS.
HA 1 to HB 151PassedMorrisonThis amendment revises a description of behavior that constitutes abuse. 
SB 161SignedSokolaThis Act does all of the following: (1) Creates a Director of Classification/Compensation and Talent Acquisition and a Director of Training and Human Resource Solutions. (2) Changes the name of the Director of Personnel Management to Director of Talent Management. (3) Directs the Director of Talent Management to assume a central leadership role for the development and maintenance of the Department of Human Resources. (4) Renames the Division of Diversity and Inclusion to the Division of Diversity, Equity and Inclusion. (5) Renames the Division of Labor Relations and Employment Practices to the Division of Employee and Labor Relations. (6) Renames the Division of Statewide Benefits to The Division of Statewide Benefits and Insurance Coverage. (7) Removes references to the Blood Bank due to lack of State participation with the program. (8) Increases membership within the Commission for Women and the Delaware Women's Hall of Fame Committee. (9) Expands the duties and role of the Delaware Commission for Women to subsume the responsibilities of the Delaware Women's Workforce Council. (10) Removes the statutory language creating the Delaware Women's Workforce Council. (11) Establishes The Division of Classification/Compensation and Talent Acquisition and the Division of Training and Human Resources Solutions with its associated powers, duties, and functions. (12) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29, CHAPTER 90D OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HUMAN RESOURCES.
SCR 70PassedPooreThis Resolution designates July 26, 2023, as "Americans with Disabilities Act Day" in the State of Delaware.DESIGNATING JULY 26, 2023, AS “AMERICANS WITH DISABILITIES ACT DAY” IN THE STATE OF DELAWARE.
SCR 77PassedBucksonThis Senate Concurrent Resolution proclaims Friday, October 6, 2023, as “National Coaches Day” in the State of DelawarePROCLAIMING FRIDAY, OCTOBER 6, 2023, AS "NATIONAL COACHES DAY" IN THE STATE OF DELAWARE.
HB 195SignedCarsonThis Bill is the Fiscal Year 2024 Appropriations Act.AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2024; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
HB 196SignedCarsonThis Act appropriates $194,560,278 to provide one-time funded projects through the Office of Management and Budget.AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2024 TO THE OFFICE OF MANAGEMENT AND BUDGET.
SCR 85PassedHockerThis resolution celebrates the 75th anniversary of Camp Barnes and its dedication to the youth of the State of Delaware.CELEBRATING THE 75TH ANNIVERSARY OF CAMP BARNES.
SCR 83PassedHuxtableThis resolution recognizes August 17, 2023, as "National Nonprofit Day" in Delaware.RECOGNIZING AUGUST 17, 2023, AS “NATIONAL NONPROFIT DAY” IN THE STATE OF DELAWARE.
SCR 88PassedGayThis Senate Concurrent Resolution extends heartfelt congratulations and best wishes to members of the Delaware State Bar Association on the occasion of the 100th Anniversary of the establishment of the modern bar association in 1923.EXTENDING HEARTFELT BEST WISHES TO THE MEMBERS OF THE DELAWARE STATE BAR ASSOCIATION, AS THAT VENERABLE ORGANIZATION CELEBRATES THE 100TH ANNIVERSARY OF ITS ESTABLISHMENT AS A MODERN STATE BAR ASSOCIATION.
SCR 89PassedHuxtableThis resolution requests the Office of Management and Budget to conduct an assessment of using State surplus real property for the development of affordable housing. REQUESTING AN ASSESSMENT OF THE FEASIBILITY OF USING SURPLUS REAL PROPERTY OWNED BY THE STATE FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
HJR 2SignedCarsonThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2023.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2023.
HJR 3SignedCarsonThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2024.THIS RESOLUTION PROVIDES THE OFFICIAL REVENUE, REFUND, AND UNENCUMBERED FUNDS ESTIMATES FOR FISCAL YEAR 2024.
HS 1 for HB 224CommitteeSpiegelmanThis Act is a substitute for House Bill No. 224. Like House Bill No. 224, this Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by more closely aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3). This Act differs from House Bill No. 224 in that it makes additional changes to the definition of “firearm” to further align it with the definition of “firearm” used in the federal criminal background check law, by doing the following: (1) Using “means” instead of “includes”. (2) Including that a weapon is a firearm if it may readily be converted to discharge a shot by an explosive force. (3) Adding frame or receiver of a firearm.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEFINITIONS FOR THE DELAWARE CRIMINAL CODE.
HA 4 to SB 51PassedBaumbachThis 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 report regarding 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. This amendment is identical to HA 3 for SB 51 except that the word “administrative” is added at line 14 to clarify that the penalty for violation of this Act is administrative and not criminal. 
HA 2 to HB 227PassedLambertTo better identify those communities in which lead screening numbers are low and to increase community awareness and engagement, this Amendment clarifies that primary health-care providers must report results to the Division of Public Health for every instance of screening, in addition to the 12 and 24 months scheduled screenings. Along with the results, the forms must contain the provider's information and the date of screening. It further requires all school districts and charter schools to report the number of students enrolled in kindergarten who have not provided proof of screening, or a certificate signed by a parent stating that screening is contrary to the parent's religious beliefs. Finally, this Amendment removes Sections 3 and 4 from the bill that requires health-care providers to complete a training program every 2 years on their obligations under Chapter 26, the Childhood Lead Poisoning Prevention Act. This Amendment also clarifies that a record of proof of screening shall be kept in each student's school health record. 

Senate Committee Assignments

Committee
Education
Executive
Finance
Health & Social Services
Judiciary

House Committee Assignments

Committee
Administration
Housing
Labor
Transportation

Senate Committee Report

Committee
Banking, Business, Insurance & Technology
Elections & Government Affairs
Environment, Energy & Transportation

House Committee Report

Committee
Housing
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to SB 110DefeatedLynnThis Amendment provides that the proceeds from the courthouse municipality fee imposed under § 18-206(e) of Title 6 and § 103(c)(7) of Title 8 are divided equally among the municipalities designated in § 301 of Title 10, which are Wilmington, Dover, and Georgetown. This Amendment also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. 

Nominations Enacted upon by the Senate

No Records