Daily Report for 6/30/2023

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 30 w/ SA 2SignedHuxtableThis Act clarifies what constitutes a sawmill under Delaware law and adds definitions related to agriculture and silviculture. This Act recognizes forest products as unadulterated materials and makes clear their importance to support a thriving industry that maintains sustainable and healthy forests. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SILVICULTURE.
HB 65SignedHeffernanAccording to the Mayo Clinic, miscarriages occur in about 20% of all pregnancies, and generally, in the first 12 weeks. According to the Centers for Disease Control, 1 out of every 100 American pregnancies ends in stillbirth. Black women have a significantly higher risk of miscarrying— 43% higher when compared to white women. Black mothers are also more than twice as likely to experience stillbirth compared to Hispanic and white mothers. This bill provides State employees who suffer a miscarriage, stillbirth or other loss, a maximum of 5 days of paid bereavement leave. This Act shall be known as the "Sloane Hajek Act of 2023".AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BEREAVEMENT LEAVE.
SB 47SignedHoffnerThis Act is the result of the Joint Legislative Oversight and Sunset Committee's review of the Council on Libraries ("Council"). This Act updates the Council's membership composition, defines quorum, and adds other standard provisions, including member compensation and removal. One of the members that this Act adds to the Council is the president of the Delaware Association of School Libraries. At one time, the Department of Education had an Education Associate for Libraries, Media, and Technology, but that position no longer exists. This Act provides that, should the Department of Education ever re-establish that position or a position similar to it, the re-established position shall take the place of the president of the Delaware Association of School Librarians as a member on the Council. 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 COUNCIL ON LIBRARIES.
SB 48SignedHoffnerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Council on Libraries. This Act repeals the Delaware Public Library Technology Assistance Act because Delaware Division of Libraries no longer issues technology grants. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE PUBLIC LIBRARY TECHNOLOGY ASSISTANCE ACT.
SB 49SignedHoffnerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Governor's Commission on Community and Volunteer Services ("Commission"). This Act does the following: - Removes outdated language. - Incorporates federal requirements regarding Commission membership and duties. - Clarifies quorum. - Clarifies that the Delaware State Office of Volunteerism provides reasonable staff support to assist the Commission. - Codifies the duties of the Commission's Executive Director. In Delaware, the Administrator of the State Office of Volunteerism also serves as the Commission's Executive Director. The Executive Director is a nonvoting, ex-officio Commission member and administers staffing services for the Commission. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR'S COMMISSION ON COMMUNITY AND VOLUNTEER SERVICES.
SB 50SignedHoffnerThis Act is a result of the Joint Legislative and Oversight Committee's review of the Advisory Council on Walkability and Pedestrian Awareness ("Council"). This Act codifies the Council, which was first established under Governor Ruth Ann Minner's Executive Order No. 83 (2006), disbanded in 2008, and re-established under Governor Jack Markell's Executive Order No. 54 (2015). This Act also updates the Council's membership, purpose, and goals to reflect current practices and needs.AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL ON WALKABILITY AND PEDESTRIAN AWARENESS.
SB 56 w/ HA 1SignedHansenThis is an omnibus bill that updates several aspects of the Delaware Public Utility Code, Title 26, including the following: (a) Expanding the public notice options for the Public Service Commission in order to reduce costs, increase transparency, and raise public awareness of Commission proceedings; (b) Amending the statute which sets the salary of Commissioners to provide for a salary as appropriated in the annual State Operating Budget; (c) Increasing the utility assessment rate; and (d) Eliminating references to the Water Supply Coordinating Council, which reached its sunset date of January 31, 2022. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION.
HB 92SignedCarsonThis Act requires drivers to change lanes or reduce their speed while approaching a stationary vehicle displaying warning signals, including vehicle hazard warning lights, road flares, traffic cones, cautions signs, or any non-vehicular warning signs. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.
SB 75SignedHansenThis Act amends §134, Title 17 of the Delaware Code to allow for Secretary’s designee to sign traffic resolutions within incorporated towns and cities. The same authority already exists for traffic resolutions in unincorporated areas.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO AUTHORITY IN INCORPORATED TOWNS AND CITIES; CONSTRUCTION AND MAINTENANCE OF HIGHWAYS.
SB 76SignedHansenThis Act amends §1311, Title 17 of the Delaware Code to allow for the Delaware Department of Transportation to vacate an old right of way of a newly realigned section of road by resolution.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO VACATION OF PUBLIC ROADS BY ADMINISTRATIVE ACTION.
HB 109 w/ HA 1SignedMatthewsFrequently, driver license applicants over the age of 18 require more than six (6) months practice time behind the wheel and to prepare for the skills exam. By providing the permit for a total of one (1) year, it will eliminate the need to request the extension and decreases the risk of them having to retake the knowledge exam if they do not request the extension prior to the six (6) months expiration of their permit, thus eliminating the need to start the process over. The limited window of one extension after the 6-month period is a frequent complaint from customers. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE RULES OF THE ROAD.
HB 111 w/ HA 1SignedMatthewsThis Act increases the length of time for a valid temporary tag from 60 days to 90 days. This Act also adds a new provision requiring temporary tags be issued through a temporary tag system, approved by the Division of Motor Vehicles, to further reduce fraud in the issuance of temporary tags, unless the Division of Motor Vehicles determines the temporary tag issuer must continue using temporary registration plates.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VEHICLES.
HB 113SignedOsienskiThis Act amends the renewal period for obtaining background checks for employees of the Department of Labor who have access to Federal Tax Information. This amendment is necessary to conform to revisions of the federal Internal Revenue Service in Publication 1075, which shortened the renewal period from 10 to 5 years. The language is intended to allow conformity with this and any future revisions to the renewal period.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATED TO UNEMPLOYMENT INSURANCE.
SB 74 w/ SA 1SignedHansenThis Act establishes requirements for the handling of treatment records for all of the following health-care providers under Title 24: 1. Advanced Practice Registered Nurses (certified nurse practitioners), Chapter 19. 2. Licensees under the Board of Mental Health and Chemical Dependency Professionals, Chapter 30: mental health professional counselors and associate counselors, chemical dependency professionals, marriage and family therapists, professional art therapists. 3. Psychologists, Chapter 35. 4. Licensed Clinical Social Workers, Chapter 39. Under current law, a patient or client does not have a right or clear procedure by which to obtain a copy of their record when one of these practitioners closes a practice, dies, terminates a patient relationship, or is incapacitated. The requirements established under this Act are modeled on the patient record requirements and procedures for physicians and correspond with the changes that would be enacted under House Bill No. 105 (152nd). These requirements and procedures also apply when a patient or client requests copies of their records. Under existing law, the governing boards established under these chapters have authority to promulgate regulations, if necessary, to address intersections between the requirements under this Act and professional codes of ethics. Sections 5 through 8 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corrects the spelling of the word “health-care” to be consistent throughout these chapters.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH RECORDS.
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.
SB 86SignedSokolaCurrently, every adult operating or riding as a passenger on a motorcycle is required to have a helmet in their possession and wear eye protection while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet and eye protection. This Act requires that everyone who obtains a new endorsement for a motorcycle on or after the effective date of this Act, or someone riding with the newly endorsed person, to wear a helmet and eye protection for the first 2 years after the newly endorsed person receives the endorsement. In 2022, Delaware experienced 10 motorcycle fatalities where the rider was not wearing a helmet. Over the last 5 years, among crashes involving a Delaware licensed motorcycle rider, 25% of fatal and serious injury crashes involved a rider in their first 2 years of having a motorcycle endorsement. Helmets and eye protection are already required for those operating with a temporary motorcycle instruction permit as required under § 2703 of Title 21 of the Delaware Code and no passengers are allowed. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. According to research from the National Highway Traffic Safety Administration, helmets are highly effective in protecting motorcycle riders’ heads in crashes and significantly reduce deaths and serious head injuries in crashes. This Act creates a civil penalty for violation of the helmet law, both the existing law and the law created by this Act. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE RULES OF THE ROAD.
SB 89SignedMantzavinosThis Bill allows for the use of green lights on state owned and operated snow removal equipment and vehicles during winter weather operations. Studies have shown green lights are more visible to the traveling public during winter weather conditions.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT AND CONSTRUCTION OF VEHICLES.
SB 68SignedGayThis Act revises Delaware’s child safety seat requirements which currently requires an “appropriate” car seat or booster. Under this Act, children under 2 years and under 30 pounds must be seated in a rear-facing seat with a 5-point harness. Children under 4 years and under 40 pounds must be seated in either a forward facing or rear-facing seat with a 5-point harness. Children between the ages of 4 and 16, must be seated in a booster based upon the manufacturer’s guidelines or a seatbelt. This Act removes the existing fine for the first offense and requests law enforcement to provide a referral to the Office of Highway Safety car seat fitting station for guidance and education regarding proper use of a child restraint. Under this Act, the Department of Safety and Homeland Security is required to implement an awareness campaign within 180 days of enactment. The remainder of the Act will not take effect until 1 year following its enactment.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OCCUPANT PROTECTIONS.
HB 131SignedBushThis Act resolves ambiguities in the current law and confirms the ability of a spouse who owns real property as tenant by the entirety, acting alone, to convey that spouse’s interest in such real property to both spouses, as tenants by the entirety or otherwise, or to the other spouse.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE CONVEYANCE OF REAL ESTATE BETWEEN SPOUSES.
SB 105SignedHockerThis Act amends the Charter of the Town of Selbyville to allow the Town to impose an impact fee to contribute to the costs of operations of volunteer fire companies, ambulance companies, public libraries, or police departments providing services within the Town. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.AN ACT TO AMEND THE CHARTER OF THE TOWN OF SELBYVILLE RELATING TO IMPACT FEES.
HB 144SignedBushThis Act increases the number of members of a limited liability corporation who are eligible for exemption from workers compensation reimbursement from four to eight, making the number equal to the number of officers in a traditional corporation who are eligible for exemption.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS COMPENSATION
HB 146SignedBushThis bill increases the assessments charged to insurance companies to fund the increased costs of the operation of the Fraud Prevention Bureau. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE.
SB 120SignedBucksonThis bill adds workforce and affordable housing programs to the current list of realty transfer tax eligible expenditures for New Castle, Kent, and Sussex Counties.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO EXPENDITURE OF REAL ESTATE TRANSFER TAX PROCEEDS.
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.
HB 177 w/ HA 1SignedHeffernanThis bill increases the amount of Compassionate Leave for eligible employees of the State upon the death of an immediate family member.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COMPASSIONATE LEAVE
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 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 139SignedMantzavinosThis Act eliminates the need to file a lawsuit against a person, who has caused injury with the person's vehicle, when that person's liability insurer has offered the limits of liability coverage to the injured person and the injured person’s underinsured motorist insurer either consents to the settlement or fails to timely reply to the request for permission to settle. The goal of this Act is to have fewer lawsuits filed merely to obtain permission to accept liability insurers' offer to settle a claim. This Act is not intended to require any person to seek permission from an underinsured motorist insurer to resolve a bodily injury claim. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO UNDERINSURANCE MOTORIST COVERAGE.
SB 142SignedPooreThis Act amends the Charter of Delaware City, providing for use of a special election to fill vacancies in the office of Councilperson. Specifically, the Act authorizes the Mayor, within 14 days of the vacancy, to set a date for a special election and notify the Department of Elections of the same.AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY RELATING TO VACANCIES AND FORFEITURE OF OFFICE.
HB 178 w/ HA 1SignedOsienskiThis Act updates the makeup and duties of the Council of Apprenticeship and Training to meet the current needs of the DOL, the apprenticeship workforce, and employers. It clarifies the duties of the Council, the membership of the Council, and term limits for council members. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON APPRENTICESHIP AND TRAINING.
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.
HS 1 for HB 94SignedOsienskiThe expectation for speed enforcement, under Delaware's Motor Vehicle statute, are Delaware's law enforcement agencies. It is not always possible for law enforcement officers to effectively enforce the speed limitations due to a number of factors, including, but not limited to, officer availability and safety. The original Act enabled the State, as well as counties and municipalities to more effectively enforce speed limits on roads in a residential district in which a Department of Transportation study, no more than 1 year old, documents that the 85th percentile speed on the road is 5 miles per hour or more than the posted speed limit or the road is in a designated work zone. For a violation to occur a motor vehicle must exceed the posted speed limit by 11 miles per hour or more. This Act would impose only civil penalties for violations and does not impose points on the owner or operator’s driver’s license. Jurisdiction for adjudicating alleged violations would be in the Justice of the Peace Court and there would only be a right of appeal to the Court of Common Pleas if the penalty exceeds $100. Any excess revenue not used for administration of the system, will be managed by the Office of Highway Safety and used only for purposes of education, enforcement, engineering and administration. This Act will sunset in 5 years if not extended by a subsequent act by the General Assembly. This Act is a substitute for and differs from House Bill No. 94 in that it eliminates enforcement by Delaware State Police, anywhere other than work zones, and limits approval and implementation of the speed monitoring system to residential districts in New Castle County and municipalities. This Act also requires payment of voluntary assessments to be made to the entity designated on the summons, which may be the Department of Safety and Homeland Security or the county or city where the speed camera was located.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO USE OF ELECTRONIC SPEED ENFORCEMENT DEVICES.
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.
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.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SR 16PassedGayThis resolution directs the Department of Health and Social Services to prepare reports on the Purchase of Care Program and directs the Department of Education to prepare reports on child care capacity.DIRECTING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND DEPARTMENT OF EDUCATION TO PREPARE REPORTS ON DEMOGRAPHIC DATA IN EARLY CHILD CARE AND EDUCATION POPULATIONS.
HR 22PassedBushThis House Resolution extends the deadline for the Internet Sports Lottery Legislative Working Group to provide its recommendations to the House of Representatives from June 30, 2023 to December 1, 2023. ESTABLISHING AN INTERNET SPORTS LOTTERY LEGISLATIVE WORKING GROUP.
HR 25PassedSchwartzkopf RELATING TO THE ELECTION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
SA 1 to HB 201DefeatedPettyjohnThis Amendment does all of the following: 1. Revises § 1457 of Title 11 to create the offense of possession of a firearm in a Safe Recreation Zone. 2. Makes the first violation of possession of a firearm in a Safe School Zone an unclassified misdemeanor. This Amendment does not change the violation of possession of a firearm in a Safe School Zone as established under this Act. 
SA 2 to HB 201DefeatedPettyjohnThis amendment changes HB 201 so that a concealed carry permit holder is exempt from the offense created this Act.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 26 w/ HA 2SignedBushThis Act provides state employees 30, rather than 15, days of paid leave per year to attend training camp or serve special duty as ordered by the military reserves or Delaware National Guard. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE EMPLOYEE LEAVE.
SB 66 w/ SA 1 + HA 1SignedBucksonThis Act adds the Senate Minority Leader and the House Minority Leader as members of the Public Health Emergency Planning Commission (Commission). This Act also requires the Commission to meet within 30 days of the initiation a state of emergency due to a public health emergency for the purposes of discussing and evaluating, in an advisory capacity to the Governor, the response to the public health emergency. The Commission would be required to continue meeting at least every 30 days until the termination of the state of emergency due to a public health emergency. This Act also defines the term “Commission” in the subchapter-level definition section since the term “Commission” is used in multiple places within Subchapter V of Chapter 31 of Title 20. This Act also adds Commission governance procedures, including length of terms, filling vacancies, and defining quorum. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including updating agency names. AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION.
HB 107 w/ HA 1SignedD. ShortThis bill authorizes the City of Seaford to incur short or long-term debt for state or federal revolving loan funds for critical water, sewer, stormwater, or wastewater treatment facilities or projects from state or federal revolving loan funds without having to meet special election requirements otherwise required by the charter for incurring such debt.AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO THE CITY'S ABILITY TO BORROW MONEY AND ISSUE BONDS.
HB 117 w/ HA 3SignedRamoneThis bill makes changes to the qualifications for professional land surveyors. This bill also makes clear that there is no civil or criminal trespass when a professional land surveyor enters upon land in the course of preparing a survey.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
HB 129 w/ HA 1SignedGrayThis Act modifies Section 2803 to add definitions for negligence, misconduct and incompetence. These new definitions will provide greater clarity and guidance for the Council of the Delaware Association of Professional Engineers in determining whether a licensee is subject to discipline. Section 2817(a)(7) has been amended by striking the requirement that an applicant who fails the Principles and Practice of Engineering examination four times must go through additional steps before taking the examination another time. Eliminating this requirement will remove unnecessary barriers to licensure. Further, Section 2823 has been amended to add “negligence” and “pattern of negligence” as grounds for discipline. These changes will ensure that discipline is imposed for conduct that poses a risk to the public. This Act adds a definition for “successor professional engineer” and a new Section 2832 to delineate the acceptable parameters for a successor engineer’s reuse or adoption of work performed by another engineer. These revisions will both inform licensees of the permissible use of another engineer’s work and ensure that the recipient of services can identify the responsible engineer. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.
HB 3 w/ HA 1SignedLonghurstAccording to a recent CDC survey, the COVID pandemic exacerbated an existing mental health crisis for students. One in 5 school aged children has a mental health condition, and 45% of children may have experienced a traumatic event. This bill provides for excused absences for the mental or behavior health of a student and requires that any student taking more than 2 such excused absences will be referred to a behavioral health specialist. This bill provides a supplemental tool to identify students struggling with mental and behavioral health issues and legitimizes these struggles faced by many students. Moreover, this bill makes clear that the mental and behavioral health of students is a priority in this State.AN ACT TO AMEND TITLE 14 RELATING TO SCHOOL ATTENDANCE.
HB 134SignedCookeThis is a housekeeping bill to remove outdated references to the term “coroner” in the Delaware Code. Created in 1682, the Office of the Coroner was one of the earliest elective offices in Delaware. The primary responsibility of the coroner was to investigate all cases in which a person died while in prison, was killed, died an unnatural death, or the circumstances of the death were unknown. It was also the duty of the coroner to arrest a person believed to have committed murder or manslaughter and to perform the duties of the sheriff when the sheriff was unavailable. The Office of the Coroner was abolished in 1969 and the responsibility for determining the cause of death is now the responsibility of the Medical Examiner. Today, it is outside the Medical Examiner’s scope of employment to perform many of the job duties that coroners were historically expected to do, and this bill clarifies that Medical Examiners are only responsible for investigating causes of death throughout the State under the provisions of Chapter 47 of Title 29, relating to forensic science. AN ACT TO AMEND TITLES 9, 10, 15, 16 AND 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF FORENSIC SCIENCE AND THE MEDICAL EXAMINER.
HB 139 w/ HA 1SignedSpiegelmanThis Act amends the Charter of the Town of Townsend in the following ways: 1. It requires the Town Council to determine rules for Town Meetings after being sworn in at the Town Council reorganization meeting in June of each year. 2. It removes the requirement that a copy of ordinances, codes, rules and regulations be printed for each official of the Town. 3. It allows the Mayor to vote on Town matters, whereas before, the Mayor could only vote in the event of a tie. 4. It clarifies the procedures for disqualification and removal from office for the Mayor and Council members, as well as election procedures and term of office. 5. For a councilperson to be elected mayor, they must have sat as a councilperson for at least twelve consecutive months, although if no such members of the council qualify, the Mayor will be elected from the sitting members. 6. All candidates must successfully pass a background check as provided by the Town. 7. If within 90 days of the swearing in, a newly sworn in Councilperson is disqualified, the candidate with the next highest number of votes shall be appointed to fill the remainder of the term. 8. The Town Manager will now have the ability to authorize and approve reimbursements. 9. It revises the section of the Charter regarding the Police Force. This Act also makes technical changes to the Charter as deemed appropriate. AN ACT TO AMEND THE CHARTER OF THE TOWN OF TOWNSEND.
SB 9 w/ SA 1 + HA 1SignedS. McBrideAlthough lead-based paint is prevalent in many Delaware residences and causes extraordinary neurological damage in children, including seizures, behavioral disorders, developmental delays, and cognitive disabilities, Delaware does not have a comprehensive system to eliminate lead-based paint from those residences where children are still exposed to lead. This Act creates such a system, including: (1) Creating a system by which all properties where a child who is found to have high blood lead levels live are promptly screened for lead-based paint and, where that paint is found, treated to abate or remediate the lead-based paint. (2) Prohibiting landlords of properties where the State has paid for lead-based paint abatement from raising rents on those properties for a period of 3 years. (3) Taking steps to ensure that neither landlords nor local governments present unreasonable delays to the abatement of lead-based paint. (4) Creating a dedicated fund for abatement and remediation of lead-based paint hazards so that all levels of state government can be held accountable for funding lead-based paint abatement efforts. (5) Expanding the duties of the Childhood Lead Poisoning Prevention Advisory Committee to include a plan for prompt inspection and, where necessary, abatement or remediation of lead-based paint in all pre-1978 rental properties.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.
SB 6 w/ SA 1 + HA 1, HA 2 to HA 1SignedHuxtableIn 1682 or 1683, the Sussex County Court, created by William Penn, created the land grant that is the subject of this Act (“Warner Grant”). As this Act describes, the Warner Grant consists of land in and adjacent to the City of Lewes largely consisting of what is now Cape Henlopen State Park. As the United States District Court for Delaware would later find, the Warner Grant created a “right of common” held in trust for the benefit the people of Lewes and Sussex County. See United States v. 1,010.8 Acres Situate in Sussex County, 56 F. Supp. 120 (D. Del. 1944). In the early 1970s, nearly 300 years after the Warner Grant was created, a dispute arose over the meaning of the Warner Grant and who had authority to enforce the right of common under the Warner Grant when the City of Lewes leased land in the Warner Grant to a real estate company for the purpose of constructing a housing development. Lawsuits were filed by members of the public and the Attorney General. Eventually, the 130th General Assembly settled that dispute by enacting Chapter 108 of Volume 62 of the Laws of Delaware to establish the Warner Grant Trust (“Trust”) and set the boundaries of the lands in the Trust, known as the Warner Grant Trust Lands (“Lands”). In light of recent proposals for the use of the Lands, the 152nd General Assembly finds that clarification is necessary as to the permitted uses of the Lands and as to how future disputes are to be litigated. To that end, this Act does all of the following: (1) Makes clear that the Department of Natural Resources and Environmental Control (“Department”), as trustee of the Warner Grant Trust Lands, must administer the Lands for the public benefit and adhering to 3 governing priorities: (1) conservation, (2) nature education, and (3) public recreation. (2) Makes clear that the Department must administer the Lands so that a private benefit or financial gain to a for-profit enterprise or public-private partnership is not detrimental to the public benefit. (3) Provides that the Court of Chancery has original jurisdiction over disputes regarding the Lands. (4) Provides that the Attorney General must represent Delawareans in the enforcement of the Trust and, if the Attorney General declines to do so, any resident of Sussex County may sue to enforce the Trust and the Court of Chancery must award attorney’s fees to the plaintiffs who prevail in enforcing the Trust. (5) Includes a provision in the Delaware Code, § 4523 of Title 7, referencing the Department’s duties under this Act to preserve memory of this Act for future generations. Section 1 of this Act amends Chapter 108, Volume 62 of the Laws of Delaware, as amended by Chapter 99, Volume 72 of the Laws of Delaware, which contains 10 sections labelled Section 1 through Section 10. Section 2 of this Act amends the Delaware Code to create a new § 4523 of Title 7.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE AND CHAPTER 108, VOLUME 62 OF THE LAWS OF DELAWARE, AS AMENDED BY CHAPTER 99, VOLUME 72 OF THE LAWS OF DELAWARE, RELATING TO CLARIFYING THE WARNER GRANT TRUST AND THE JURISDICTION OF THE COURT OF CHANCERY AS ARBITER OF DISPUTES REGARDING THE WARNER GRANT TRUST LAND.
HB 156SignedK. WilliamsThis Act establishes the comprehensive framework for the regulation of pet insurance transacted in Delaware. The Act reflects the adoption of the National Association of Insurance Commissioner’s Pet Insurance Model Act, with adjustments made to conform the model act to the standards of the Delaware Legislative Drafting Manual, including using the singular tense of a word rather than the plural tense.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PET INSURANCE.
HB 157 w/ HA 1SignedK. WilliamsThis Act prohibits a pawnbroker, secondhand dealer, or scrap metal processor from purchasing or otherwise acquiring a gift card or other item in its original packaging unless the individual offering the item for sale produces a receipt or proof of purchase at the time of transaction. The Department of Homeland Security or its designee may seize an item found in violation of Chapter 23, Title 24 for a period of 30 days to allow the pawnbroker, secondhand dealer, or scrap metal processor an opportunity to provide a receipt or proof of ownership.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS.
HB 155 w/ HA 3, HA 1 to HA 3 + SA 1 + HA 4SignedGriffithThis bill makes the unsafe storage of a firearm in a vehicle a class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk. This bill also provides that compliance with unsafe storage of a firearm in a vehicle is a defense to carrying a concealed deadly weapon. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING DEADLY WEAPONS AND DANGEROUS INSTRUMENTS.
HB 163SignedK. WilliamsThis Act authorizes the Department of Education to issue an initial or continuing license to a Junior Reserve Officer Training Core (JROTC) Instructor who has been certified by the United States Department of Defense (USDOD). This Act also removes outdated language. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE AND CERTIFICATION.
HB 164SignedDukesThis bill increases the amount of money the Town of Delmar is permitted to raise from levying and collecting taxes from $1,000,000.00 to $2,500,000.00.AN ACT TO AMEND THE CHARTER OF THE TOWN OF DELMAR.
HB 172SignedDukesThis bill increases the amount of money the Town of Laurel is permitted to raise from levying and collecting taxes from $500,000 to $2,500,000.AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL.
HB 182SignedGriffithSections 1 through 6 of this Act revise the State's existing child abuse laws as follows: (1) Revises Child Abuse in the Third Degree by removing extraneous language and redesignating it as Child Abuse in the Fourth Degree. (2) Revises Child Abuse in the Second Degree by redesignating it as Child Abuse in the Third Degree and making it a class D felony. (3) Revises Child Abuse in the First Degree by removing extraneous language, adding a sentence enhancement for certain aggravating factors, and redesignating it as Child Abuse in the Second Degree. (4) Creates a new crime of Child Abuse in the First Degree, a class A felony, when a person intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ. (5) Creates a new crime of Child Torture, a class B felony. (6) Creates a new crime of Continuous Child Abuse when a person intentionally or recklessly engages in 3 or more acts of child abuse or child torture over a period of time not less than 3 weeks in duration. Sections 7 through 9 and 11 through 14 of this Act make conforming amendments to the Delaware Code based on the revisions made by Sections 1 through 6 of this Act. Section 10 of this Act designates Child Abuse in the First Degree and Child Abuse in the Second Degree as violent felonies.AN ACT TO AMEND TITLE 11, TITLE 13, TITLE 16, AND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD ABUSE.
HB 183 w/ HA 1SignedGriffithThis Act revises the existing crime of endangering the welfare of a child by providing or permitting a child to consume or inhale unprescribed controlled substances in the following ways: 1. Prohibits a person from intentionally, knowingly, or recklessly making controlled substances or prescription drugs available to a child through exposure, consumption, or inhalation. 2. Creates new penalties for endangering the welfare of a child through exposure, consumption, or inhalation of drugs. 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. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ENDANGERING THE WELFARE OF A CHILD.
HB 187SignedBushThis Act expands the Video Lottery Intercept Program by requiring an operator of a video lottery facility to submit an individual's winnings from sports betting and table games to the Division of Child Support Services to satisfy delinquent child support obligations. The Video Lottery Intercept Program currently only collects video lottery winnings.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.
HB 202 w/ HA 1SignedRomerThis Act limits those individuals who may possess a firearm at a polling place on an Election Day to the following: (1) law enforcement officers, (2) commissioned security guards acting in their official capacity, (3) constables acting in their official capacity, and (4) active-duty members of the United States Armed Forces and Delaware National Guard acting in their official capacity. This Act is applicable to any in-person election held under Title 15, any local school election held under Title 14, and any municipal election held in accordance with the municipality's charter, ordinance, or code, and includes locations designated for early voting. This Act also provides an exemption for individuals who reside or visit private property adjacent to a polling place, or who are traveling from private property to another location.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF A FIREARM AT A POLLING PLACE.
HB 206 w/ HA 3SignedK. JohnsonThis Act revamps the Council on Police Training, by changing the name of the Council to the Police Officer Standards and Training Commission (or POST) and amending its powers and duties to: (1) more accurately reflect the dual role of establishing training standards for Delaware police officers as well as overseeing allegations of police officer misconduct and conducting hearings for possible suspensions or de-certifications; (2) untethering the Council from the Delaware State Police by deleting the requirement that the Director of the Delaware State Police Academy is responsible for education and training in connection with the Council’s duties and responsibilities; (3) removing the requirement that discipline proceedings be tied to whether the employing department takes action against the officer and increasing the instances when discipline can be issued; (4) advising the Delaware Police Accreditation Commission regarding statewide accreditation standards; (5) issuing guidelines for local police oversight commissions or boards. The Bill improves transparency by increasing required meetings from two to four per year, clarifying that decisions of disciplinary panels are public documents, requiring that departments form public accountability commissions with non-officer members, and requiring a public comment period and an official website with publication of pertinent records and documents of the POST. By amending the definition of “police officer,” the bill also requires that officers employed only part-time are subject to the regulatory oversight of the POST. The Bill proposes that the Council’s day-to-day functions be provided through professionals retained by the Department of Safety and Homeland Security. Finally, the Bill makes minor technical and other non-substantive changes, including deleting outdated provisions of the Code. This includes striking the provision that required body-worn camera standards to be in place by 2022 – since those regulations are now in place – and instead requiring the POST to “periodically review and propose updates as needed to regulations and standards” for body-worn cameras in cooperation with other stakeholders. Sections 2 through 16 make conforming changes to other parts of the Code that referenced the Council on Police Training.AN ACT TO AMEND TITLES 10, 11, 24, 29, AND 4 OF THE DELAWARE CODE RELATING TO POLICE OFFICER STANDARDS AND TRAINING COMMISSION.
HB 198SignedCarsonThis Act is a comprehensive amendment of the Town Charter for the Town of Clayton. It sets forth detailed basis for removal from office of Mayor and Town Council and process for filling any vacancies on Town Council. The Amendment allows the Mayor and members of Town Council to participate and vote in Council meetings by remote electronic means, when unavoidable circumstances prohibit in person attendance, so long as all members can hear and speak with one another. The Act allows the Town to borrow up to an amount not to exceed 20% of the assessed value of assessable and taxable real property within the Town limits. The Act also allows the Town to purchase general obligation bonds not to exceed 20% of the assessed value of all real estate subject to taxation within the Town. The Act establishes the Town’s power to regulate orderly growth and development including subdivisions and site plans and procedures for securing financial guarantees to ensure satisfactory completion of new land development. The Act also allows the Town to adopt the assessment of Kent County in lieu of making its own independent assessment and valuation for purposes of levying town taxes. The Act specifies the Town Manager is the Town Tax Collector. The Act allows the Council, by ordinance, to impose impact fees and the purpose for such impact fees. The Act specifies the duties of the Police Chief and Town Manager. The Act specifies all appointments and promotions of Town employees shall be under the direction of the Mayor and the Town Council including hiring, termination, promotion or discipline of all employees. The Act specifies use of Town money by Town Council. The Act sets forth new election procedures, including voter qualifications, voter registration, and conduct of elections for Town elections.AN ACT TO AMEND THE TOWN CHARTER OF THE TOWN OF CLAYTON.
HB 218SignedChukwuochaThis Act changes the composition of the Commission and further clarifies the definition of “veterans” as it pertains to this Section of Title 29. The Delaware Commission of Veterans’ Affairs is comprised of members, appointed by the Governor, who represent specific veteran organizations. The United States Congress defines the Korean War Era as June 27, 1950 to January 31, 1955, and today most living Korean War Veterans are in their upper 80s or lower 90s. This amendment will redesignate the seat to an organization that is self-perpetuating and whose membership will continue on, and also serve to provide the diverse representation of all veterans. Also preserved is the ability of the current Korean War Commissioner to remain as a Commissioner until his term expires or that seat otherwise becomes vacant. The sole remaining active Chapter of the Korean War Veterans of America in Delaware is in the process of being disbanded due to lack of membership. The Office of Veterans Services is staffed by individuals employed by the State, but who have been required, by reference to the definition of “veteran,” to have “served honorably.” Staffing of the OVS, including the veterans’ cemeteries, has been challenging. This amendment clarifies that a veteran, for qualification as a commissioner, must have been discharged under other than dishonorable conditions. This clarification is consistent with federal laws and regulations regarding the definition of “veteran.”AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMISSION OF VETERANS’ AFFAIRS.
SS 2 for SB 8 w/ SA 1 + HA 1SignedMantzavinosThis Act is the second substitute for Senate Bill No. 8. Like Senate Bill No. 8 and its first substitute, this Act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations. Senate Substitute 1 for Senate Bill No. 8 differed from Senate Bill No. 8 as it required large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. This information must be provided at the time of service or prior to discharge and again with each billing statement. It also created a minimum threshold for eligibility for payment plans, and it reduced the timeframe in which a bill under a payment plan may be first due. The first substitute also defined “medical assistance” and “time of service,” which were not defined in Senate Bill No. 8. This Substitute differs from Senate Substitute 1 in that it changes which medical providers are subject to this Act; it increases the threshold of outstanding debt that requires a payment plan to be offered to patients; it extends the amount of time allowed to provide the medical assistance notice; it refines the definition of medical assistance; it removes examples of companies that are currently credit reporting agencies; it removes a requirement that medical assistance information be printed in any patient’s primary language; it adds a requirement that providers make oral interpretation services available to patients for anything provided under this chapter; it clarifies that the Division of Child Support Services nor anyone filing a child support action is a medical debt collector; it clarifies that anything charged to a credit card is not medical debt; it removes the minimum time before the first payment under a payment plan is due. It also adds Section 2 making this Act effective 6 months after enactment.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT.
HB 243 w/ HA 1SignedMinor-BrownThis Act expands the qualifications for the Director of the Division of Public health to include non-physician professionals. It also allows for the Director to appoint a physician or advanced practice registered nurse in certain instances where that level of medical expertise is required to fulfill duties assigned to the Director. AN ACT TO AMEND TITLES 16, 24, AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.
HS 1 for HB 205SignedMinor-BrownThis Act makes a number of revisions to the Law-Enforcement Officer’s Bill of Rights in Title 11 of the Delaware Code. It adds part-time officers to the coverage of the chapter. It distinguishes between formal investigations and informal inquiries, but requires that even informal inquiries must comport with federal and State law, including NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) and Garrity v. New Jersey, 385 U.S. 493 (1967). This Act requires that a detailed narrative of an internal investigation must be prepared by an investigating agency and publicly posted in any case involving use of force that results in serious physical injury; the discharge of a firearm; a sustained finding of sexual assault or sexual harassment; a sustained finding of dishonesty; or a sustained finding of domestic violence. Further, it requires that an investigation into officer misconduct must be completed, regardless of the employment status of the officer. I.e., even if an officer resigns or retires while an investigation is pending, the department must complete the investigation and report sustained findings of misconduct to the Council on Police Training. The Act also requires a department to provide information to a complainant or victim of officer misconduct sufficient to reasonably address concerns regarding the investigation and its outcome, including the investigative findings, conclusions, and any recommendations for further action. Finally, the Act requires, upon request of a defendant in a criminal or delinquency case, and through the Department of Justice, all existing records relating to sustained findings of misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification, or concealment of evidence by an officer who participated in the investigation or prosecution. It also provides that law-enforcement officers must be required, upon hire, to sign an agreement allowing the hiring agency to provide copies of that officer’s personnel file and disciplinary and investigative records with any other law-enforcement agency that makes an offer or conditional offer of hire to that officer in the future. The CJC will aggregate and post all of the narratives required to be prepared under this chapter on its website, along with an annual report of the following: (1) The number of public complaints and internal complaints relating to police misconduct that the department received each year, broken down by subject matter of the complaint; (2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation; (3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition. Records relating to any incident for which a detailed narrative is required to be prepared and posted must be preserved for at least 25 years. This Substitute differs from the original House Bill No. 205 as follows: 1. It adds sustained findings that a law-enforcement officer engaged in sexual harassment to the required public disclosures. 2. It broadens the requirement for public disclosures relating to sustained findings of dishonesty. 3. It limits the requirement for public disclosures relating to the discharge of a firearm to those instances where the firearm is discharged at a person. 4. It clarifies that the required disclosures apply to chiefs of police and other high ranking officials. 5. It moves all of the disclosures into a single section (§ 9210). 6. It requires, instead of permitting, that the victim or complainant with respect to misconduct must be told of the conclusion of the inquiry. 7. It clarifies that the public detailed narratives required for certain incidents is a prospective requirement, while disclosures in a criminal or delinquency matter pertain to all relevant existing records. 8. It requires additional disclosures to the defendant of investigations into dishonesty-related misconduct that occurred in the course of the investigation of the pending matter; requires law-enforcement agencies to disclose to the Department of Justice such records; and provides if the investigation finds the allegation unsubstantiated it may not be used in any criminal or delinquency proceeding. 9. Reinforces the duty of the State to preserve and disclose records underlying misconduct dealt with in this chapter. 10. Reverts references to the Police Officer Standards and Training Commission to Council on Police Training. 11. Sets a timeline for the preparation and posting of required public disclosures. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LAW ENFORCEMENT OFFICER BILL OF RIGHTS.
HS 1 for HB 174SignedS. MooreThis Act requires a referral to a school-based mental or behavioral health specialist for any student after their second unduplicated infraction resulting in out-of-school suspension in a semester. This Substitute bill clarifies that the referral is to a school-based mental or behavioral health specialist rather than the school-based problem-solving team and the referral occurs after 2 unduplicated disciplinary violations, in a semester, result in an out-of-school suspension rather than 2 out-of-school suspensions.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT DISCIPLINE REFERRALS.
HB 197SignedCarsonThis Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2024. Section 1 – Government Units and Senior Centers $ 29,361,705 Section 2 – One-Times and Community Agencies $ 31,912,877 Section 3 – Fire Companies and Public Service Ambulance Companies $ 10,109,451 Section 4 – Veterans Organizations $ 608,591 GRAND TOTAL $ 71,992,624AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2024; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2024 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2024 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.
SA 1 to HS 1 for HB 114PassedPinkneyThis Amendment requires that certified recovery houses collect and report data on the destinations of former residents who complied with a request to leave or were removed from the certified recovery house. This Amendment also corrects a typographical error and revises § 5102(6) of Title 25 to use the term “certified recovery house” because that is the defined term under § 2201A of Title 16. 
HB 260SignedParker SelbyThis Act amends the Charter of the City of Lewes as follows. This Act modifies City contract requirements by 1) raising the aggregate contract value threshold for which competitive bidding shall not be required to $50,000 rather than the previous threshold of $25,000; 2) adding an exception to the competitive bidding requirement for certain existing contracts, which were previously competitively bid at the State or County level; and 3) adding an exception to the competitive bidding requirement for contracts made pursuant to a cooperative or joint purchasing agreement. This Act also modifies the City’s power and authority to borrow money and issue bonds or certificates of indebtedness by 1) clarifying the City’s authority to borrow money and issue bonds or certificates of indebtedness to provide funds for purchase real estate. This Act also modifies the assessment of taxes by 1) permitting the City to appoint a qualified firm to serve as the City Assessor or utilize County property assessments in lieu of appointing a City Assessor; and 2) modifies the appellate process for the assessment of taxes in certain situations. This Act also places a cap on the City’s power to collect taxes for any and all municipal purposes upon certain real property at one half of one percent (0.5%) of the full assessed value of land and improvements within the City, or $5,000,000, whichever is greater, rather than the previous cap of $3,500,000. The Act also modifies the refund of taxes and penalties for delinquent taxes. This Act also modifies the notice requirements and procedures relating to the City’s power to cause to be paved or repaved the sidewalks of said city or any part or portion thereof, to cause to be repaired or re-laid existing curbs or gutters.AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES.
SA 1 to HB 155PassedSokolaThis Amendment removes the exemption created in House Amendment No. 3 for individuals holding a valid license to carry a concealed deadly weapon under § 1441. 
SA 3 to HB 201PassedPettyjohnThis Amendment revises § 1457 of Title 11 to create the offense of possession of a firearm in a Safe Recreation Zone. This Amendment does not change the violation of possession of a firearm in a Safe School Zone as established under this Act. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 85 w/ HA 1 + SA 1SignedBoldenThis Act creates a special license plate for retired state legislators. This Act shall be known as "The Senator Margaret Rose Henry Act". AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
HB 78 w/ HA 1, HA 2 + SA 1, SA 2SignedMorrisonThis Act updates the definition of a catalytic converter and limits the purchase or sale of a catalytic converter to a licensed automotive recycler or licensed scrap metal processor, and their respective employees and agents. The Act prohibits minors from selling catalytic converters. The Act specifies the amount of time the catalytic converter must be held before sale as well as what contact information must be obtained from the purchaser and seller as well as identification information on the catalytic converter and requires the information be maintained for 1 year. The Act places a 48 hour hold on payments and limits payment form to checks and limits the time of day and location for the sale of a catalytic converter. The Act requires the licensed sellers to make the purchasers’ and sellers’ contact information available to the police. This Act makes a catalytic converter, in violation of this chapter, considered contraband and, possession thereof, subject to seizure and forfeiture. This Act is for the purpose of regulating the purchase and sale of catalytic converters and for the purpose of assisting law enforcement in response to the high level of catalytic converter theft that has occurred in Delaware. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CATALYTIC CONVERTERS.
HB 118 w/ HA 1, HA 2 + SA 1SignedHensleyDue to continuing concerns over the negative health effects secondhand smoke will have on the youth of Delaware, this bill adds Smoking Restrictions within vehicles if a person under the age of eighteen (18) is in the vehicle. Also, it makes clear that a police officer will not stop or detain a car solely on suspicion of having violated this Statute.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF SMOKING IN VEHICLES WHEN A MINOR IS IN THE VEHICLE.
SJR 1 w/ SA 1SignedBucksonThis Senate Joint Resolution directs the Department of Services for Children, Youth & Their Families to explore participating in the federal title IV-E Guardianship Assistance Program to increase support to relative guardians and facilitate permanency solutions for Delaware youth in foster care.DIRECTING THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH & THEIR FAMILIES TO EXPLORE PARTICIPATING IN THE FEDERAL IV-E GUARDIANSHIP ASSISTANCE PROGRAM.
SB 81SignedTownsendThis statutory addition to Delaware’s Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL DEATH ACTIONS.
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.
SB 114 w/ SA 1SignedGaySections 1, 2, 3 and 4 of this Act amend §§ 152, 153, 157 and 160 of Title 8. Amended §§ 152 and 153 clarify that treasury shares may be sold for less than par value. Amended § 153(c) clarifies the types of consideration that a corporation may receive for selling treasury shares, and references to “amounts” of minimum consideration have been deleted from §§ 152 and 157 to eliminate redundancy. Amended § 157(b) clarifies that § 157(c) is the exclusive means to delegate to a person or body the authority to enter into transactions to issue rights or options. A reference in § 157(b) to permitting the exercise price of a right or option to be determined by formula has been deleted to eliminate redundancy because such formulas are permitted by § 157(d). Amended § 157(c) eliminates the requirement that the board of directors, or a board committee, fix a maximum number of rights or options that may be authorized for issuance by a person or body under a § 157(c) delegation. Amended § 157(c) also clarifies that the board, or a board committee, may fix two different time periods in a § 157(c) delegation: a period during which rights or options may be issued and a different time period during which shares may be issued upon exercise of the rights or options. Amended § 160(b) clarifies that treasury shares resulting from a stock redemption or repurchase may be resold under § 153(c), unless the treasury shares are retired. Amended § 160(b) also clarifies that treasury shares may not be resold if the shares are required to be retired by a provision of the certificate of incorporation. Section 5 of this Act amends § 204 of Title 8 to make the following technical changes: (1) The amendments to § 204(c)(2), which currently dispenses with the need for a vote of stockholders in circumstances where no valid stock is outstanding and entitled to vote, clarifies that the determination as to whether any shares of valid stock are outstanding and entitled to vote must be made at the time the board adopts the resolutions approving the defective corporate act. (2) The amendment to § 204(d) similarly applies the time of the board’s adoption of the resolutions ratifying the defective corporate act as the time for determining which shares constitute valid stock and which shares constitute putative stock entitled to vote on the adoption of the ratification of a defective corporate act requiring a vote of the holders of valid stock. (3) The amendments to § 204(e) dispense with the need for filing a certificate of validation in circumstances where the underlying defective corporate act required the filing of a certificate under another section of the Delaware General Corporation Law and such a certificate has been filed and requires no change to give effect to the defective corporate act. (4) The amendments to § 204(e) also simplify the required contents of a certificate of validation, including eliminating the requirement that certificates of validation describe the underlying defective corporate acts and the nature of the failure of authorization relating to those acts. Section 6 of this Act amends § 228(e) of Title 8 to simplify the determination of the record date to be used for purposes of identifying the stockholders or members who are entitled to notice of action by consent by stockholders or members. There are three different possibilities for determining the record date for action by consent under § 213(b) of Title 8, which could differ from the record date for the notice required by § 228(e) of Title 8 before the changes made by this Section. The changes made by this Section provide that a notice of action by consent shall be provided to those persons (i) who were stockholders or members as of the record date for the action by consent, (ii) who would have been entitled to notice of the meeting if the action had been taken at a meeting and the record date for the notice of the meeting was the record date for the action by consent, and (iii) who have not consented to the action by consent. The changes to § 228(e) of Title 8 also provide that a notice that constitutes a notice of internet availability of proxy materials for purposes of the federal Securities Exchange Act will satisfy the notice requirements of § 228(e) for corporations entitled to use such notices under the relevant regulation promulgated under the Securities Exchange Act. Section 7 of this Act amends § 242 of Title 8 to add a new subsection (d). Paragraph (d)(1) includes the language that had previously been in paragraph (b)(1) providing that no meeting or vote of stockholders is required to adopt an amendment to the certificate of incorporation that effects only changes described in paragraphs (a)(1) or (a)(7). Paragraph (d)(1) also provides that no meeting or vote of stockholders is required for an amendment to the certificate of incorporation that reclassifies by subdividing the issued shares of a class of stock into a greater number of issued shares, i.e., a forward stock split, provided that such class is the only class of such corporation’s capital stock then outstanding (and is not divided into series). Paragraph (d)(1) also provides that no vote of stockholders is required, in connection with such subdivision, for such amendment to increase the authorized number of shares of such class, up to an amount proportionate to the subdivision. Paragraph (d)(2) provides that a corporation listed on a national securities exchange can amend its certificate of incorporation to reclassify by combining the issued shares of a class into a lesser number of issued shares, i.e., a reverse stock split, without obtaining the vote or votes otherwise required by subsection (b) if (i) the shares are listed on a national exchange immediately before the amendment becomes effective and such corporation meets the listing requirement of such exchange relating to the minimum number of holders immediately after the amendment becomes effective, (ii) at a meeting of stockholders at which a vote is taken for and against the proposed amendment, the votes cast for the amendment exceed the votes cast against the amendment and (iii) if the amendment increases or decreases the number of shares of a class of stock that has not opted out of the class vote pursuant to the last sentence of paragraph (b)(2), the votes cast for the amendment by the holders of such class exceed the votes cast against the amendment by the holders of such class. Under the voting standard set forth in paragraph (d)(2)(B) and (C), abstentions have no effect on whether the required approval is obtained. The addition of subsection (d) does not eliminate the stockholder vote required to change the par value of a class of stock, whether or not in connection with any subdivision or combination. Notably, the “unless otherwise expressly required by the certificate of incorporation” lead-in to subsection (d) permits a corporation to “opt in” to the stockholder votes that otherwise would be required under subsection (b) in connection with any subdivision or combination of the issued shares or increase or decrease in the authorized number of shares contemplated by subsection (d). Any such provision in the certificate of incorporation must expressly state that the stockholder vote otherwise required under subsection (b) is required to adopt any amendment to the certificate of incorporation specified in subsection (d) or must expressly “opt out” of the provisions of subsection (d). A general recitation in the certificate of incorporation of the vote generally required under subsection (b) without a specific reference to the amendments specified in subsection (d) is not sufficient. Section 242(a)(3) is also being amended to require that reclassifications by way of subdividing and combining, i.e., forward stock splits and reverse stock splits, must apply to outstanding shares and shares held in treasury, i.e., all “issued” shares. New subsection (d) also reflects this change. Section 8 of this Act amends § 260 of Title 8 to confirm the authority of a corporation, following a merger, consolidation, conversion, or domestication, to issue bonds, other obligations, shares of its capital stock, and other securities, and to mortgage its franchise, rights, privileges, and property, in connection with such merger, consolidation, conversion, or domestication. Section 9 of this Act amends § 262 of Title 8, in connection with the amendments to § 390 of Title 8 set forth in Section 13 of this Act, to provide appraisal rights to stockholders in connection with a transfer, domestication, or continuance of the corporation in a foreign jurisdiction, unless appraisal rights are denied under the “market out” exception set forth in amended § 262(b). Amended § 262 eliminates appraisal rights in connection with a merger, consolidation, conversion, or domestication of an entity that has converted to a Delaware corporation under § 265, if the merger, consolidation, conversion, or domestication is authorized under § 265, as amended by Section 10 of this Act. Conforming changes to the other subsections of § 262 provide that appraisal rights are available in a domestication in a similar manner as a merger, consolidation, or conversion. Amended §262(k) clarifies that an appraisal demand may be withdrawn more than 60 days after the effective date of the transaction resulting in appraisal rights if the withdrawal is approved by the corporation, but the amendment does not change the existing rule that appraisal rights cease if a petition for appraisal is not filed under §262(e). Sections 10, 11 and 13 of this Act amend §§ 265, 266 and 390 of Title 8 to permit an other entity or corporation to adopt a plan of conversion or a plan of domestication setting forth the terms and conditions of the conversion or domestication, including the manner of exchanging or converting the equity interests of the other entity or corporation to be converted or domesticated and any other details or provisions deemed desirable. A plan of conversion, adopted under amended § 265, also may set forth corporate action to be taken by the converted corporation in connection with the conversion, each of which must be approved in accordance with the requirements of all applicable law before effectiveness of the conversion. Once so approved, any such corporate action that is within the power of a Delaware corporation under Chapter 1 of Title 8 set forth in the plan of conversion shall be deemed authorized, adopted, and approved, as applicable, by the converted corporation and its board of directors, stockholders, or members, as applicable, and does not require any further action of the board of directors, stockholders, or members of the converted corporation under Title 8. The amendments to §§ 265, 266, and 390 provide that the terms of a plan of conversion or plan of domestication may be made dependent upon facts ascertainable outside of such plan if the manner in which such facts operate upon the terms of the plan is clearly and expressly set forth in such plan. The amendments further provide that a certificate of conversion, certificate of transfer or certificate of transfer and domestic continuance, adopted under §§ 266 or 390, and that a certificate of conversion, adopted under § 265, shall certify that, prior to the time such certificate becomes effective, the plan of conversion or plan of domestication, as applicable, shall be approved in accordance with §§ 266 or 390 or in accordance with all law applicable to the other entity. Also, Section 13 of this act changes the requirement for stockholder approval of the transfer, domestication, or continuance of a corporation in a foreign jurisdiction, from all of the outstanding shares of stock of the corporation to a majority of the outstanding shares of stock entitled to vote on a transfer, domestication, or continuance. If the corporation is transferring, domesticating, or continuing as a partnership with one or more general partners, the transfer, domestication, or continuance also requires the approval of each stockholder that is to become a general partner of the partnership. The amendments require that a certificate of domestication to be filed with the Secretary of State must contain the agreement of the transferring, domesticating or continuing corporation to be served with process in the State of Delaware for any action for enforcement of any obligation of the resulting entity arising from the transfer, domestication, or continuance as well as in appraisal proceedings under § 262 of Title 8. The amendments also provide that, for any corporation incorporated before August 1, 2023, any provision contained in its certificate of incorporation or in a voting trust agreement or other written agreement between or among the corporation and one or more stockholders in effect on or before August 1, 2023 that restricts, conditions or prohibits consummation of a merger or consolidation is also deemed to apply to a transfer, domestication, or continuance, unless the certificate of incorporation or such agreement expressly provides otherwise with respect to a transfer, domestication, or continuance, or if the certificate of incorporation or such agreement does not so expressly provide, a conversion as contemplated by § 266(k) in which case such express provision shall be deemed to apply to a transfer, domestication or continuance as if it were a conversion. Section 12 of this Act amends § 272 of Title 8. New § 272(b) adds a safe harbor for selling, leasing or exchanging collateral assets that secure a mortgage or pledge without obtaining stockholder approval under § 271 of Title 8. Amended § 272(b)(1) clarifies this approval is not required if the secured party can sell the collateral without the corporation’s consent (including without the consent of its board of directors and stockholders) under the law governing the mortgage or pledge or other applicable law. If a secured party is entitled to sell the collateral in such circumstances, but wishes not to, § 272(b)(2) permits the secured party and the board of directors to agree to an alternative transaction (e.g., a strict foreclosure or sale to a third party), without obtaining § 271 stockholder approval, if the value of the assets is less than or equal to the amount of the liability or obligation being reduced or eliminated as a result of the transaction. A specific type of asset valuation is not prescribed, and a transaction would not fail the asset value test solely because consideration is paid to the corporation or its stockholders. For example, consideration might be paid to those parties in the ordinary course of similar transactions or paid as “nuisance value” to avoid claims in litigation. Amended § 272(b) is not intended to affect a secured party’s obligation to comply with article 9 of a uniform commercial code, real property law or other applicable law. Amended § 272 does not create a general insolvency exception to § 271 of the type that the Supreme Court of the State of Delaware declined to adopt in Stream TV Networks, Inc. v. SeeCubic, Inc., 279 A.3d 323 (Del. 2022). The amendments to § 272 establish safe harbors for when stockholder approval is not required by § 271. Amended § 272 does not preclude further case law developments on which transactions constitute a “sale, lease or exchange” of assets for purposes of § 271, nor is amended § 272 intended to preclude further development of the quantitative and qualitative analyses used by the Delaware courts to interpret § 271. New § 272(c) provides that, after a transaction is completed, it cannot be invalidated for failure to satisfy the asset value test if the transferee of the assets provided value and acted in good faith (as defined in § 1-201(b)(20) of Title 6). However, a transaction may be enjoined before consummation, and § 272(c) does not preclude monetary damages for a claim based on a violation of fiduciary duty by a director, officer or stockholder. New § 272(c) does not change the fiduciary duties of directors or officers (or, as applicable, stockholders) in connection with a sale, lease or exchange, or the level of judicial scrutiny that will apply to the decision to enter into a sale, lease or exchange, each of which will be determined based on the common law of fiduciary duty, including the duty of loyalty. New § 272(c) does not eliminate defenses otherwise available, including based on § 141(e) of Title 8 or a § 102(b)(7) of Title 8 provision. The adoption of § 272(c) is not intended to preclude application of a similar remedies scheme for a § 271 violation. New § 272(d) provides that a certificate of incorporation provision that requires stockholder authorization of a sale, lease or exchange of assets does not apply to a sale, lease or exchange permitted by § 272(b) unless the certificate of incorporation expressly so provides. New § 272(d) applies only to certificate of incorporation provisions that first become effective after August 1, 2023. The amendments to § 272 apply to nonstock corporations through the translator provisions of § 114. Section 14 of this act provides that the effective date of Sections 1 through 8, 11 and 12 is August 1, 2023. Section 15 of this act provides that Section 9 only applies to mergers, consolidations, conversions, domestications, transfers, and continuances adopted or entered into on or after August 1, 2023, as determined under Section 15. Section 16 of this act provides that Section 10 only applies to corporations with respect to which a plan of conversion is entered into on or after August 1, 2023, or, if a plan of conversion is not entered into in connection with the conversion, any such corporations with respect to which the approvals required by § 265(h), as amended by this Act, are obtained on or after August 1, 2023. Section 17 of this act provides that Section 13 is effective only with respect to corporations domesticating, transferring, or continuing pursuant to resolutions of the board of directors approving the action that are adopted on or after August 1, 2023. 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 general corporation law.AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
HB 141 w/ HA 1 + SA 1SignedMorrisonThis Act requires all candidates for statewide office, the General Assembly, and all elected county offices, to request a criminal history background check, no later than the filing deadline, from the State Bureau of Identification. The State Bureau of Identification must, within 10 days of receipt of the request, provide the Commissioner of Elections with a report of the candidate’s criminal history or a statement that the Bureau’s Repository contains no information relating to the candidate. The Commissioner of Elections must then determine if the candidate is qualified under Section 21 of Article II of the Delaware Constitution to be considered a candidate and have their name appear on the ballot. The candidate will be considered a provisional candidate until the Commissioner of Elections determines the candidate is qualified. The information obtained by the Commissioner of Elections, from the Bureau, will not fall under the definition of public record in Chapter 100 of Title 29. The candidate must pay the cost of the criminal history background check, but the cost may be reimbursed from the candidate’s campaign funds as an authorized campaign expenditure. This Act will take effect January 1 after enactment.AN ACT TO AMEND TITLES 11 AND 15 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR CANDIDATES FOR STATE AND COUNTY PUBLIC OFFICE.
SB 119SignedGayThis Act amends Chapter 23, Title 13 relating to guardianship and permanent guardianship of a child. The Act does all of the following: 1. Repeals § 351, Title 31, and embeds the requirement for assessments of non-relative guardianship petitioners in Chapter 23, Title 13, the statute for guardianship of a child. 2. Revises the definition of relative for Chapter 23, Title 13, to include the relationships outlined in § 351, Title 31 for whom assessment is not required. This revision also expands eligibility for relative permanent guardianship petitioners. 3. Clarifies that when a parent consents to guardianship, a reason for establishing the guardianship is still required. 4. Moves the parental consent provision previously in § 2353(c) to § 2353(a)(1). 5. Creates separate grounds for granting guardianship when parental rights have been terminated and are vested in DSCYF or a licensed agency. 6. Requires parental consent or a Court order for a guardian or permanent guardian to relocate a child if it will materially affect a parent’s visitation. This provision mirrors the relocation provision in § 734, Title 13. 7. Adds an individual with whom a child in DSCYF custody is placed as a person eligible to serve as a permanent guardian. 8. Clarifies that either a TPR ground or a parent’s consent is required to grant a permanent guardianship. 9. Clarifies that a permanent guardianship petitioner must have the child placed with them for 6 months immediately preceding the filing of the petition. This requirement is also expanded to include relatives, unless the court finds just cause to waive the requirement for a relative petitioner. 10. Provides judicial discretion, where extraordinary circumstances are found, to grant permanent guardianship to a foster parent or individual with whom a child in DSCYF custody is placed when none of the other exceptions apply. 11. Makes minor technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual, including replacing "and/or" with the appropriate conjunction and using gender silent language.AN ACT TO AMEND TITLE 13 AND TITLE 31 OF THE DELAWARE CODE RELATING TO GUARDIANSHIP OF A CHILD.
SB 124SignedGayThis Act clarifies when reports of child abuse or neglect, including suspected human trafficking of a child, are required to be made orally to the Department’s report line and when they may be made via the Department’s online reporting portal. This Act also clarifies that licensed professionals who make reports may not remain anonymous.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE REPORTING OF CHILD ABUSE AND NEGLECT.
HB 154 w/ HA 1, HA 4 + SA 1SignedGriffithThis bill creates the Delaware Personal Data Privacy Act. The Act delineates a consumer’s personal data rights and provides that residents of this State will have the right to know what information is being collected about them, see the information, correct any inaccuracies, or request deletion of their personal data that is being maintained by entities or people. This Act is modeled after existing frameworks for data privacy in other jurisdictions. This Act will apply to entities that conduct business in the State of Delaware who controlled or processed the personal data of not less than 35,000 consumers or controlled or processed the personal data of not less than 10,000 consumers and derived more than 20 percent of their gross revenue from the sale of personal data. This Act requires Delaware Department of Justice to engage in public outreach to educate consumers and the business community about the Act beginning at least 6 months prior to the effective date of the Act.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY AND CONSUMER PROTECTION.
SS 1 for SB 102SignedTownsendThis Act closes a loophole in the prevailing wage statute that was being used to pay workers below the prevailing wage by performing work offsite instead of onsite, regardless of whether it was necessary to do so. This bill 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 PREVAILING WAGE.
SB 131SignedGayThis bill updates and clarifies certain provisions that have been confusing or otherwise problematic in the Investor Protection Unit’s enforcement efforts, or have otherwise become out-of-synch with federal securities law. The term “Commissioner” is a holdover from when the Investor Protection Unit was called the Securities Unit, and is no longer the correct term. It is replaced with “Director” to be consistent throughout the Act. In order to ensure consistency throughout the Act and create certainty as the applicability of rules issued pursuant to the Act, the phrase “or any rule or order hereunder” has been added after “this chapter” where it was missing. This clarifies that the Rules and orders are enforceable regardless of which statutory provision is implicated by an administrative action. This bill provides a definition of “willful” that tracks the federal definition as used in federal law and in the 1956 Uniform Securities Act, on which the Delaware Securities Act was originally patterned. The Uniform Securities Act of 1956, as amended, explains in the official code comment that “As the federal courts and the SEC have construed the term “willfully” in § 15(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78o(b): all that is required is proof that the person acted intentionally in the sense that he was aware of what he was doing. Proof of evil motive or intent to violate the law, or knowledge that the law was being violated, is not required. The principal function of the word “willfully” is thus to serve as a legislative hint of self-restraint to the Administrator.” Similarly, the definition of “security” is revised to clarify that an analysis of whether an instrument is a security should be a substance over form analysis, following the approach under federal law. Section 73-209, concerning false filings, was moved to new section 73-104 to clarify its applicability to the entire Delaware Securities Act. The heading of Section 73-201 was changed from “Fraud” to “Employment of manipulative and deceptive devices” to harmonize with that of a similar provision from the Securities Act of 1934. Section 73-207(d) was amended to clarify its applicability to securities exemptions. Section 73- 208(g) was removed as it is no longer effective. Various subsections of Section 73-302 were amended to establish clarity as to the timeline for registrations and to prevent the inadvertent approval of a registration under review by the Investor Protection Unit. Section 73-304(a)(6) is being revised to add additional securities regulators to the list of entities whose orders can be considered when determining whether to take action concerning a registrant or applicant’s registration status. Section 73-305(c)(1), which prohibits investment adviser fees based on a percentage of capital gains, is amended to allow for such fees if approved by a rule or order of the Director. This brings Delaware into harmony with federal practice, since the SEC has started allowing such a fee structure under certain circumstances, subject to periodic review of the policy. Section 73-601 is amended to clarify that there is no aggregation of violations when determining the imposition of fines; that a party seeking a hearing on a summary order must provide an answer in writing; and adds freezing accounts to the list of actions the Unit may take, which may be helpful in dealing with the increase in cryptocurrency fraud. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 6, CHAPTER 73 OF THE DELAWARE CODE TO HARMONIZE WITH FEDERAL LAW, MODERNIZE, AND CLARIFY CERTAIN PROVISIONS.
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.
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.
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.
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.
HS 1 for HB 114 w/ SA 1SignedHarrisSubstance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO RECOVERY HOUSING.
SB 156SignedLockmanUnder the current salary scale for teachers, if a permitted paraprofessional in a school wishes to become a certified teacher in the same school, they may have to take a pay cut to do so. This Act provides teachers who previously worked as paraprofessionals in the schools to receive partial credit towards their experience on the teacher salary scale for their time working within the schools as paraprofessionals. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SB 155SignedHoffnerThis bill creates a special license plate for Plastic Free Delaware, Inc., a nonprofit whose mission is to reduce single-use plastic pollution and build a culture of zero waste in Delaware through educational programs, awareness building, and policy initiatives.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 153SignedS. McBrideThis Act makes changes to provisions related to behavioral health and the Division of Substance Abuse and Mental Health to reflect current practices.AN ACT TO AMEND TITLES 12, 14, 16, AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH.
SB 157SignedGayThis Act, the 2022 Amendments to the Uniform Commercial Code, was drafted by the Uniform Law Commission in partnership with the American Law Institute. 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." The Uniform Commercial Code ("UCC") provides commercial law rules for broad categories of transactions: the sale or lease of goods, negotiable instruments, bank deposits and collections, funds transfers, letters of credit, documents of title, investment property, and secured transactions in personal property. Every state has adopted the UCC and, as a result, strong interstate markets have developed because the UCC provides the legal structure necessary to have confidence when transacting business with others. The UCC has been revised over time as the United States' economy shifted from a goods-based economy toward one based on services, software, and information-based transactions. The 2022 Amendments to the UCC ("2022 Amendments") are yet another revision to address the changing economy. Specifically, the 2022 Amendments do all of the following: (1) Provide updated rules for commercial transactions involving emerging technologies such as virtual currencies, non-fungible tokens (also known as NFTs), and distributed ledger technologies (also known as "blockchain"). (2) Create a new Article 12 addressing new types of property, or digital assets, defined as "controllable electronic records" ("CERs"). Examples of CERs include virtual currencies, non-fungible tokens, and electronic promises to pay. (3) Provide new default rules to govern transactions involving these emerging technologies and clarify the UCC’s applicability to mixed transactions involving both goods and services. (4) Update the UCC to recognize that parties often do not use paper documents and, therefore, the UCC applies equally to electronic transactions. (5) Make additional revisions to the UCC unrelated to technological developments but necessary to provide needed clarification of the UCC. (6) Create a new Article A to provide transition rules designed to protect the expectations of parties to pre-effective-date transactions. For example, a secured lender who has a priority security interest in collateral under the current law will retain its priority through a transition period, giving parties to preexisting transactions plenty of time to revise their agreements to comply with this Act. This Act amends the UCC and, as such, deals only with consensual commercial transactions. It does not regulate the use of these emerging technologies, including CERs, address taxation of CERs, alter the law governing money transmitters, or revise anti-money laundering laws. As of the introduction of this Act, the 2022 Amendments have been introduced in 21 states and the District of Columbia and enacted in 5 states (Indiana, North Dakota, Colorado, New Mexico, and Washington).AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO UNIFORM COMMERCIAL CODE.
HB 201 w/ HA 3 + SA 3SignedSchwartzkopfAs of April 4, 2023, 74 people have been killed or injured by guns in schools this year in 13 separate school shootings. School shootings hit a record high in 2022 with 46 shootings, surpassing 2021’s record of 42 shootings. In 2022, 43,450 children experienced a school shooting. The purpose of this bill is to enable a police officer to act immediately when the officer sees or suspects that a person possesses a firearm in a Safe School and Recreation Zone. This Act establishes the crime of Possession of a firearm in a Safe School and Recreation Zone as a class E felony. This bill makes it a crime for a person to possess a firearm in a Safe School and Recreation Zone except a police officer or a constable or active-duty member of the armed forces who are acting in an official capacity within for the Safe School and Recreation Zone. The bill also exempts holders of a valid license to carry concealed weapons but only if the firearm is in a vehicle. The possession of a firearm under this bill does not apply if (1) the person is on private property which is not part of school grounds; (2) the firearm is in a locked container or locked firearms rack that is on or in a motor vehicle; or (3) when engaged in lawful hunting, firearms instruction, or firearm-related sports on public lands not belonging to a school. This bill provides that in addition to other penalties, a student who possesses a firearm in a Safe School and Recreation Zone, shall be expelled for a period of not less than 90 days, but the local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion. This Act repeals the crime of Possession of a Weapon in a Safe School and Recreation Zone, but provides a Savings Clause which enables a prosecution for such crime if the offense occurred before the repeal is enacted.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A FIREARM IN A SAFE SCHOOL AND RECREATION ZONE.
SB 167SignedPinkneyThis Act establishes a wellness program designed to improve the well-being of first responders and first responders’ immediate family members, as well as civilian employees of police, fire, and emergency medical services agencies and their immediate family members, through the provision of wellness program services by trained peer support members. Wellness program services may include counseling, spiritual guidance, and education about financial resources, health resources, legal assistance, and stress management services. This Act extends the confidentiality privileges to include communications made by a first responder, the first responder’s immediate family member, a civilian employee, or a civilian employee’s immediate family member, to a trained peer support member providing wellness program services though a state, county, or municipal law-enforcement, fire, or emergency medical agency’s wellness program. This Act adds chaplains to definition of “first responders”. This Act defines “civilian employee”. This Act updates the definitions section to account for the creation of the wellness program. This Act also revises the confidentiality exception in § 4319(d)(4) of Title 10. In current Code, the exception applies in certain instances where the first offender uses critical incident stress management (CISM) services to commit or attempt to commit “a crime or fraud or mental or physical injury to the first responder who received critical incident stress management services or another individual”. This Act replaces the quoted phrase with “‘crime’, as defined under § 233 of Title 11, or fraud.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The technical changes include combining the privileges to refuse to disclose any matter and refuse to produce any object or record that are covered in § 4319(b) and (c) of Title 11 in current Code into a single subsection, § 4319(b) of Title 10. This Act updates subsection (c) so that it only contains 1 subject: that the privileges in subsection (b) only apply if the proceedings, communications, or records, including information, are obtained during the provision of critical incident stress management (CISM) services or wellness program services. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CONFIDENTIAL COMMUNICATIONS INVOLVING FIRST RESPONDERS, CIVILIAN EMPLOYEES, OR THEIR FAMILIES.
SB 168SignedHuxtableThis Act does all of the following: (1) Adds a requirement that, in order for a veterinarian to practice veterinary medicine, a relationship among the veterinarian, the client, and the patient must be established and maintained. The majority of states mandate the existence of a veterinarian-client-patient relationship as a prerequisite to treating an animal and such requirement is critical to the health of animals. This requirement is also consistent with Food and Drug Administration standards. (2) Adds a licensure exemption for veterinarians and veterinary technicians who want to practice in Delaware in connection with a State emergency. (3) Strikes a provision that allows issuance of a temporary permit to practice veterinary medicine to an individual who has not passed the licensing examination and also requires compliance with reciprocity requirements. These two requirements, taken together, cannot be met, and consequently, the section is very confusing and misleading. Temporary licenses will still be available for veterinarians where the applicant is either being considered for licensure under the reciprocity provision or is eligible to take the licensure examination. (4) Strikes the 7 year grandfathering provision, which was adopted when the Board first began to license veterinary technicians, and which is now expired. (5) Allows veterinary technicians to obtain temporary licenses pending passing of the licensure examination. (6) Gives the Board the authority to impose monetary penalties on licensees who are found to have committed regulatory or statutory violations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act comes from the Division of Professional Regulation and has been approved by the Board of Veterinary Medicine.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO VETERINARY MEDICINE.
SB 170 w/ SA 1SignedHansenThis Act directs the Department of Natural Resources and Environmental Control to work with PJM Interconnection, LLC to study the transmission impacts of offshore wind development, to work with neighboring states on offshore wind transmission, and to study and report back to the Governor and the General Assembly on a process for procuring offshore wind power. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFSHORE WIND ENERGY.
SS 1 for SB 107SignedLawsonThis Act clarifies that in calculating the document fee to be paid by the owner upon the sale, transfer, or registration of a park trailer, the owner shall be allowed to demonstrate the fair market value of the park trailer through an appraisal by a Delaware dealer authorized to provide an appraisal for park trailer models. This Act also excludes furnishings, site modifications, geographical location, and other items that are not related to the actual value of the park trailer from being included in the calculation. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE DOCUMENTATION FEE.
SB 175SignedTownsendThe Other Post-Employment Benefits Fund (OPEB Fund) is used to pay the State's benefits for post-retirement health insurance under the State employees' pension plan. This Act requires that every year, at least 1% of the grand total of all General Fund operating budget appropriations for the prior fiscal year is appropriated to the OPEB Fund. The total amount of the contributions to the OPEB Fund is not allowed to exceed the annual required contribution, which is actuarially determined by the Board of Pension Trustees. 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 APPROPRIATIONS FOR POST-RETIREMENT HEALTH INSURANCE PREMIUMS.
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 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 182SignedWalshThis Act is a substitute for Senate Bill No. 182. Like Senate Bill No. 182, this act does all of the following: (1) Grants the Department discretion to reject or accept an application that is incomplete or contains inaccurate information. (2) Permits the contractor to submit a new application for registration if the Department rejected the application because it was incomplete or contains inaccurate information. This Act differs from Senate Bill No. 182 in that it makes a technical correction to remove unnecessary language added to § 3607(b)(2) of Title 19 by Senate Bill No. 182.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE CONTRACTOR REGISTRATION ACT.
HB 250 w/ SA 1SignedRomerThis bill creates a special license plate for the University of Delaware Athletics Community and Campus Recreation to promote and support the University of Delaware Athletics Community and Campus Recreation’s mission to provide meaningful learning experiences through physical and mental exertion.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 160SignedWalshThis Bill is the Fiscal Year 2024 Bond and Capital Improvements Act.A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2024; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.
HA 1 to SB 66PassedYearickThis amendment adds the Director of the Office of Management and Budget to the Emergency Planning Commission. 
HS 1 for HB 242CommitteeDukesThis legislation is an attempt to strike a balance between the need to protect hospital staff, hospital patients, and the public from harm during a State of Emergency, pandemic, or infectious disease outbreak with the expectation that patients should be able to receive support from their family and spiritual counselors during a time of personal crisis. This act shall be known as "The No Patient Left Alone Act." Specifically, it migrates decision-making authority on visitation policies from elected and unelected state officials to the medical personnel operating Delaware’s hospitals – the trained professionals best positioned to make these difficult decisions during an especially challenging time. While it is the intention of this act to facilitate limited in-person patient visitation, its gives hospitals and designated medical professionals broad authority and discretion to safeguard the welfare of all involved parties. Hospitals would be able to: restrict the number of visitors patients could receive daily; require visitors to undergo and pass a specified health screening; and use personal protective equipment while visiting. Hospitals would be able to specify the required personal protective equipment, making it available for visitors to purchase on-site, subject to availability. Entry could be denied to visitors that failed their health screenings; were found to have a communicable disease; were found to have been exposed to a communicable disease; or failed to sign a statement indicating that they understood the visitation policy, and held the hospital and its staff harmless for all assumed risk directly associated with the primary cause of the State of Emergency, pandemic, or infectious disease outbreak. Attending physicians and other medical professionals designated in the bill would retain the authority to deny in-person visitation if they deemed their patients would be at risk for contracting an infectious disease or if they believed visitation posed a serious community health risk. Such determinations would be valid for up to seven days and subject to renewal. Hospitals could deny visitation if a state agency regulation, federal order, federal law, or federal regulation required it. If a prospective hospital visitor were denied in-person visitation with patients, the hospital would be required, to its best efforts, to develop alternate visitation protocols that would allow visitation to the greatest extent safely possible. This could include, but not be limited to, streaming audio and video. Hospitals could not prohibit in-person visitation by a religious counselor to a seriously ill or dying patient, providing that the counselor complied with all visitation mandates established pursuant to this act. A visit by a religious counselor would not be counted against any daily visitation limit set by the hospital. The Department of Health and Social Services would be responsible for overseeing the implementation, operation, and enforcement of this act. Hospitals could be subject to fines for violating the terms of this act, providing the violations continue after the hospitals have been informed of the need to take corrective action. This measure would become effective 180 days after its enactment. This substitute bill differs from the bill it replaces in the following ways: • It eliminates the liability provisions previously contained on lines 56 through 62, and line 103, replacing it with a new liability section - 1014A (c)(3)(E) - that is more refined and requires a signed acknowledgment by the visitor of the risk they are assuming. This acknowledgement does not allow the hospital or personnel to be held harmless for intentional misconduct or gross negligence. • It adds the terms “advanced practice clinician, or chief medical officer” to the sections previously on lines 63 through 67 dealing with the healthcare professionals authorized to restrict visitation for justifiable medical or public health reasons. • Adds the term “state agency regulation” to the section previously on lines 48 through 50 that specify the reasons a hospital may be compelled to deny visitation. • Rewrites the section previously on lines 41 through 47 to improve the clarity of the list of conditions under which a hospital can deny entry to, or remove a visitor from, the hospital's premises. • Corrects language previously on lines 39 through 40 to reflect an earlier change to the bill that deals with the requirement for visitors to wear personal protective equipment, as stipulated by the hospital, when visiting a hospital patient. • Adds a new section - 1014A (i) - stipulating that other than the potential restrictions stipulated in Subsection (c) and Subsection (e) a hospital may not prohibit in-person visitation by a doula providing doula services as defined in § 6536A of Title 11 with a pregnant or postpartum person. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL VISITATION POLICY.
SCR 102PassedPettyjohnThis Resolution establishes the Firearm Definition Task Force (“Task Force”) to do all of the following: (1) Determine the impact of the change to the definition of “firearm” under § 222 of Title 11 of the Delaware Code proposed by House Substitute No. 1 for House Bill No. 224 on the Delaware Criminal Code and other Delaware Code provisions relying on the definition of “firearm”. (2) Make findings and recommendations on a revision to the definition of “firearm” for purposes of the Delaware Criminal Code and any necessary changes to the Delaware Criminal Code or Delaware Code based on the Task Force’s recommended definition. (3) Draft or amend legislation to implement the Task Force’s findings and recommendations. (4) Submit a final report no later than January 5, 2024.ESTABLISHING THE FIREARM DEFINITION TASK FORCE.

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Labor

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 215DefeatedBoldenSection 1 of this bill moves the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly. Section 2 of the bill changes the deadline for a minor political party selecting its candidate at the party’s convention. Section 3 of the bill changes the deadline for filing certificates of nomination from September 1st to April 1st. Section 4 changes the “closed” period in which a voter is not allowed to change his or her political affiliation to match the 60-day limit in 15 Del. C. § 3189 for presidential primaries. Section 5 provides that the Act is applicable to all primary elections after October 1, 2024.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO PRIMARY ELECTIONS.

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to SB 114DefeatedWilson-AntonThis Amendment conforms the language that Senate Bill No. 114 adds to § 242 of Title 8 to its stated intent, which is to allow companies facing a threat of delisting to engage in a reverse split by meeting a lower threshold for the required stockholder vote. As is fully explained below, this Amendment prevents SB 114 from creating an indirect method for a corporation to free up more authorized shares that can be dilutive to existing stockholders. This Amendment also corrects an instance of the word “affects” to “effects” and makes corresponding changes to the internal designations within § 242(d)(2) of Title 8. “Shares outstanding” are the total number of shares held by all stockholders. A stockholder’s ownership in the corporation is a fraction reflected by the number of shares held divided by the number of shares outstanding. If a stockholder owns 100 shares and there are 1,000 shares outstanding, then the stockholder owns one tenth of the corporation. “Authorized shares” are the number of shares that a corporation can issue. A corporation that has 10,000 authorized shares and 1,000 shares outstanding can issue another 9,000 shares. “Headroom” is the difference between the shares outstanding and the authorized shares. Existing stockholders care about headroom because the issuance of more shares dilutes their ownership. If the corporation with 1,000 shares outstanding issues another 1,000 shares, then the stockholder who owns 100 shares (which previously represented 10% of the shares outstanding) will continue to own 100 shares; however, because of the additional issued shares, the stockholder's proportionate ownership of the corporation has been reduced (now represents 5% of the shares outstanding). If the corporation issued shares as part of a transaction that increased its overall value, then the stockholder may now own a 5% stake that is worth more and may have come out ahead. If not, then the stockholder has lost value, so the stockholder’s stake has been diluted. The more headroom that a corporation has, the greater the risk of dilution is for stockholders. Due to the significance of authorized shares, Delaware has always required the vote of a majority of the outstanding shares to increase the authorized shares. A corporation must ask all of its stockholders for permission to create more headroom, since it can be used to dilute the stockholder’s shares. Under SB 114, § 242 will allow a corporation to engage in a reverse split that reduces the number of its issued shares by a majority vote of the stockholders who participate in person or by proxy at a meeting. That standard is known as a majority of a quorum. For a public company, the number of stockholders who participate in person or by proxy at a meeting is always less than the outstanding shares. At most, only 80-85% of outstanding shares participate in person or by proxy at a meeting. SB 114 thus permits a reverse split by a majority of a quorum rather than a majority of the shares outstanding. SB 114 is intended to address a problem that some corporations have faced when they risk delisting because their stock price is too low. To increase their stock price, they wish to engage in a reverse split, but cannot get the votes necessary to approve a reverse split by a majority of the shares outstanding. Under SB 114, § 242 allows a corporation to engage in a reverse split with a majority of a quorum. However, as provided under SB 114, § 242 is not limited to only situations when a corporation is at risk of delisting because of a low stock price. As such, under SB 114, § 242 also enables a corporation to use a reverse split approved by a majority of the quorum to create headroom. For example, if a corporation has 400 million issued shares and 500 million authorized shares, then a corporation has 100 million shares of headroom, equal to 25% of the outstanding shares. Existing stockholders can be diluted by another 25%. Under SB 114, the corporation can engage in a reverse split with a majority of the quorum by combining every 4 outstanding shares into 1 outstanding share, thereby reducing its issued shares from 400 million to 100 million. The 500 million authorized share number remains unchanged, so the reverse split creates 300 million additional shares of headroom, for a total of 400 million shares of headroom. That is equal to 400% of the outstanding shares, post-reverse split. Existing stockholders can now be diluted by 400%. In addition, SB 114 allows a corporation that has one class of common stock to engage in a forward split and proportionately increase its authorized shares without a stockholder vote. For example, a corporation could start out with 100 million shares outstanding and 125 million authorized shares. The corporation has headroom of 25 million shares, meaning existing stockholders can be diluted by 25%. SB 114 would allow the corporation to engage in a forward split without a stockholder vote, in which each outstanding share divides into 4 shares and increases the authorized shares proportionately. After the forward split, the corporation is in the same position as in the example above. It has 400 million issued shares and 500 million authorized shares. It has 100 million shares of headroom, and existing stockholders can be diluted by another 25%. Under SB 114, the corporation can then engage in a reverse split with a majority of the quorum by combining every 4 outstanding shares into 1 outstanding share, thereby reducing its issued shares from 400 million to back down to 100 million. The 500 million authorized shares remain unchanged, so the reverse split created a total of 400 million shares of headroom. Stockholders started out owning 100 million shares in a corporation that could be diluted by only 25 million shares, representing another 25%. But through this 2-step process, after only a single vote by a majority of the quorum, stockholders end up owning 100 million shares in a corporation that can be diluted by another 400 million shares, for another 400%. Reverse splits have always had the effect of creating more headroom, but they have always required a majority of the outstanding shares to vote. SB 114 reduces that voting standard to only a majority of the quorum without sufficient justification for doing so. Without this Amendment, SB 114 will allow a corporation to create more headroom with a vote of only a majority of the quorum, and to do so regardless of whether the corporation faces a threat of dilution. This Amendment corrects this problem by making the following 2 changes: 1. Adds language limiting the use of § 242 to a situation involving the risk of delisting, requiring that "the corporation has received a delisting notice from such national securities exchange and such amendment becomes effective before the final deadline to cure in the delisting notice.” 2. Provides that a corporation can only use § 242 to engage in a reverse split if the number of authorized shares is reduced concomitantly. Thus, this Amendment simultaneously addresses the 2-step transaction in which a corporation engages in a forward split to increase the authorized shares followed by a reverse split to create headroom because the authorized share number goes up and down concomitantly each time. If a corporation has 400 million issued shares and 500 million authorized shares and the corporation engages in a reverse split with a majority of the quorum voting, by combining every 5 outstanding shares into 1 outstanding share, the corporation reduces its outstanding shares from 400 million to 80 million, and the authorized shares are reduced concomitantly from 500 million to 100 million. Before the reverse split, the corporation had 100 million shares of headroom, equal to 20% of its authorized shares and 25% of the outstanding shares. After the reverse split, the corporation has 20 million shares of headroom, equal to 20% of its authorized shares and 25% of the outstanding shares.  

Nominations Enacted upon by the Senate

No Records