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Daily Report for 1/18/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

Bill	Current Status	Sponsor	Synopsis	Title
SS 1 for SB 147 w/ SA 1	Committee	Sturgeon	This Act creates a narrow exception to the computer crimes under §§ 932, 933, and 935 of Title 11 because these crimes contain elements broad enough to include actions employees may take to document or report an employer’s violation of state or federal employment laws protecting the rights of employees. In addition to criminal penalties, § 941 of Title 11 allows a civil action for treble damages against an employee for a violation of any provision of §§ 932, 933, or 935 of Title 11. Like Senate Bill No. 147, Senate Substitute No. 1 for SB 147, does all of the following: 1. Provides that an employee is not guilty of a crime under §§ 932, 933, or 935 of Title 11 if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees and the information obtained by the employee was only disclosed for this purpose. 2. Clarifies that if an exemption to a crime under §§ 932, 933, or 935 of Title 11 applies, an employer may not bring a civil action under § 941 of Title 11 against a current or former employee for a violation of §§ 932, 933, or 935 of Title 11. Senate Substitute No. 1 for SB 147 differs from SB 147 by making the following revisions to clarify the narrow intent of this Act: 1. Does not include § 936 of Title 11, destruction of computer equipment, under this exemption. 2. Replaces the words “investigating, exploring, or pursuing” with “reporting or filing”. 3. Requires that the employee accessed computer services or systems as authorized for the employee’s use in the course of the employee’s employment.	AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.
HA 1 to HB 283	Passed	Bush	This amendment corrects the type of registration required for reciprocal jurisdiction reinsurers under 18 Del. C. § 911(6) and removes an incorrect reference to reciprocal insurers. The amendment also adjusts the registration and annual continuation fees for certified reinsurers to be consistent with the fees charged for reciprocal jurisdiction reinsurer registration fees.

Legislation Passed By Senate

Bill	Current Status	Sponsor	Synopsis	Title
HB 122	Signed	Carson	This Act updates and streamlines the State Nutrient Management Program within the Department of Agriculture. It expands and clarifies information required to be included in the Nutrient Management Plan, including, among other things: (1) Field maps as arial photographs showing field identification boundaries, acres, location of surface waters, irrigation systems, and location of designated sensitive areas with associated nutrient application restrictions or setbacks; (2) Results of approved risk assessment tools for nitrogen, phosphorus, and erosion losses; and (3) Animal information including types, number, average sizes, annual manure generation, and any manure import or export. This Act further clarifies Phosphorus application rules based on Delaware Phosphorus Site Index Scores. It also clarifies that Nitrogen application rates cannot exceed the application rates published by the University of Delaware of the specific crop, unless an adaptive approach is used to adjust in-season nitrogen application rates based on recommendations from a certified consultant or a Commission-approved nitrogen application model. Finally, this Act streamlines the complaint and enforcement procedures for the State Nutrient Management Program by doing the following: (1) Removing jurisdiction from the Justice of the Peace Courts and authorizing the Commission, rather than the Secretary, to impose fines for violations of the Nutrient Management Program; and (2) Authorizing the Commission to create a hearing panel that will be subordinate to the Commission to review and hear complaints and make proposed orders to be reviewed by the Commission for a final decision.	AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO NUTRIENT MANAGEMENT.
HB 211 w/ HA 1	Signed	Carson	This Act clarifies the process of obtaining a Nursery Inspection Certificate through the Nursery Industry License Application (NILA), which is now available online. This Act also cleans up and updates language used in relation to Nurseries and Nursery Stock. This Act provides for the proceeds of any fines or penalties imposed for violations under Chapter 13 to be deposited in a special fund account in the Department of Agriculture and used to support the nursery inspection programs of the Department of Agriculture.	AN ACT TO AMEND TITLE 3, CHAPTER 13 OF THE DELAWARE CODE RELATING TO NURSERIES AND NURSERY STOCK.
HB 276	Signed	Schwartzkopf	This Act is a follow-up to House Bill No. 201, as amended by House Amendment No. 3 and Senate Amendment No. 3, which was passed in 2023. That bill originally repealed the offense of “Possession of a weapon in a Safe School and Recreation Zone,” which was not actually a separate crime but rather operated as an aggravator and sentence enhancement on certain underlying crimes, and replaced it with “Possession of a firearm in a Safe School and Recreation Zone” which is a separate and self-contained criminal offense. Subsequently Senate Amendment No. 3 was passed and attached to the bill. That amendment separated the “school zone” from the “recreation zone” offenses and was intended to reinstate the original sentence enhancement scheme for offenses in a “Safe Recreation Zone.” This Act reinstates references in the “Safe Recreation Zone” statute to weapons other than firearms and makes other minor technical corrections. This Act also adds a qualified retired law-enforcement officer who is employed or contracted by a school or district to assist with security or investigations to the list of persons exempt from the prohibition on the knowing possession of a firearm in or on a Safe School Zone. It also clarifies that constables employed by a school or a school district and acting in an official capacity are exempt.	AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE SCHOOL AND RECREATION ZONES.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate