Daily Report for 2/29/2024

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
HB 91 w/ HA 1 + SA 1SignedBushThis Act creates a new offense of Aggravated Criminal Mischief with enhanced penalties (class D felony) applicable when an individual knowingly damages or tampers with critical utility infrastructure intending to disrupt utility services. In recent years, the U.S. Department of Homeland Security (DHS) and the FBI have issued repeated warnings about domestic terrorists and extremist groups targeting critical utility infrastructure. Bulletins issued through DHS’ National Terrorism Advisory System in 2022 warned of a heightened threat environment based, in part, on “continued calls for violence directed at U.S. critical infrastructure.” Physical and computerized attacks on electric utility equipment have reached a 10-year high in 2022. Recent attacks in Washington and North Carolina have caused substantial outages and damage to the power grids in both states. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PROPERTY.
HB 116SignedK. WilliamsThis Act requires public institutions of higher learning to grant credit for advanced placement examination scores of 3 or higher. An instution may require a score higher than 3 if the credit is to be used for meeting a course requirement for a particular major or program, provided that the student can receive course credit for that examination in an area outside of the student’s major or program area. The institution must publish its advance placement score policies on its website. This Act takes effect on August 1 following its enactment into law. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ADVANCED PLACEMENT EXAMINATIONS.
HB 122SignedCarsonThis 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 1SignedCarsonThis 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 225SignedCarsonThis bill creates a special license plate to help underwrite Youth and Conservation Day for the Delaware Ducks Unlimited youth members known as Greenwings. Greenwings are younger Ducks Unlimited members who participate in the conservation, restoration, and management of wetlands and associated habitats for North American waterfowl. The purpose of this license plate is to raise money to educate our youth in the continued conservation of our habitats to benefit our wildlife and people. This plate is intended for use by individuals of all ages.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SJR 3SignedHansenThis resolution directs all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE THAT OFFER NET METERING TO SOLAR CUSTOMERS TO PARTICIPATE IN A COST-BENEFIT STUDY AND ANALYSIS OF NET METERING, INCLUDING COST BURDENS AND COST SHIFTING, TO BE UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 117DefeatedBucksonThis concurrent resolution establishes the Classroom Behavior and School Discipline Task Force.ESTABLISHING THE CLASSROOM BEHAVIOR AND SCHOOL DISCIPLINE TASK FORCE.
SB 222CommitteeWalshThis legislation closes a loophole in the current law which allows 100% of the work being completed on a jobsite to be done by workers only possessing an apprentice license. Currently, under Delaware law, an apprentice license can be acquired with little or no experience in the electrical trade. Recently the State discovered that construction on Delaware’s largest building, measuring more than 3.7 million square feet, that houses over 500 workers and received $3 million in State taxpayer dollars was being built with electrical workers not possessing the necessary licenses. When the job was shut down, the contractor had all the electrical workers acquire apprentice licenses rather than hire experienced, properly trained electricians. A similar violation was discovered at the construction site of an elementary school here in Delaware. The current law only holds the worker responsible and allows the contractor to avoid any fines. This legislation corrects that inequity by also holding the contractor responsible and subject to fines. AN ACT TO AMEND CHAPTER 14, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF ELECTRICAL EXAMINERS.
HA 1 to HB 291StrickenMorrisonThis Amendment requires the Department of Elections to keep a record of donors’ employers and their job title but this information will not be considered a public record under FOIA. This Amendment also requires a reporting party who has knowingly accepted an unlawful contribution to return it to the donor rather than pay it to the State Treasurer for deposit in the General Fund. 
SA 1 to SB 201PWBBucksonThis Amendment expands the definition of a United States military pension to include a pension received for an individual’s service in the commissioned corps of the National Oceanic and Atmospheric Administration and the commissioned corps of the Public Health Service and clarifies that the armed forces of the United States includes the Space Force and Coast Guard. 
SJR 5CommitteeHockerThis Senate Joint Resolution asks the Delaware Department of Natural Resources and Environmental Control to require irrevocable pre-construction decommissioning bonds be posted, developers commit to landfilling decommissioned turbine components in Maryland, and Aircraft Detection Lighting Systems be deployed for any offshore wind project with power transmission lines coming ashore in Delaware’s Coastal Zone as a condition of permit approval. Any permit issued without these terms will be automatically null and void.REQUIRING THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO CREATE A PRE-CONSTRUCTION DECOMMISSIONING BOND FOR WIND TURBINE COMPONENTS IN MARYLAND.
SB 219CommitteeLawsonThis Act creates penalties for misrepresentation of a service animal under the Delaware Equal Accommodations Law and misrepresentation of an assistance animal under the Delaware Fair Housing Act. The language of these penalties is different because under both federal and State law, a broader range of animals must be allowed as a reasonable accommodation in housing to an individual with a disability and more disability-related information may be requested, than in places of public accommodation. However, the penalties are the same: a first violation is a civil penalty in the amount of $500 and each subsequent offense is an unclassified misdemeanor. In addition, this Act updates the terms, definitions, and requirements for assistance animals under the Delaware Fair Housing Act to align with federal law and makes corresponding changes to the Residential Landlord-Tenant Code. This Act also makes corresponding changes and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act does not require a greater than majority vote for passage because Superior Court already has jurisdictions over all criminal violations under Chapter 46 of Title 6. AN ACT TO AMEND TITLE 6 AND TITLE 25 OF THE DELAWARE CODE RELATING TO THE MISREPRESENTATION OF SERVICE ANIMALS AND ASSISTANCE ANIMALS.
HA 1 to HB 263PassedS. MooreThis Amendment to HB 263 adds graduation ceremonies to the list of extracurricular activities that may not be restricted due to a student’s outstanding debt for school meals. 
HS 1 for HB 203Out of CommitteeHilovskyWith 60% of U.S. households living paycheck to paycheck, 40% of Americans having less than $300 in savings, 33% of Americans having saved nothing for retirement, 95% of Americans having not saved enough for retirement, and 87% of American teens admitting not understanding their finances, financial literacy education in Delaware high schools is needed. This Act, which may be cited as “The Equity and Inclusion in Financial Literacy for All High School Students in Delaware Act”, requires high schools to provide, at a minimum, a half credit course on financial literacy. And, beginning with students entering grade 9 in the 2025 through 2026 school year, successful completion of the course will be required to obtain a high school diploma. This Act requires the course to include instruction which meets the financial literacy standards for high school students adopted by the Department of Education and on all of the following financial literacy topics: (1) Introduction to behavioral economics, including enabling students to understand the impact of life experiences on personal money management decisions and habits. (2) Enabling students to understand the benefits of disciplined and regular savings to achieve financial goals and the power of compounding returns and interest. (3) Introduction to the why and how of different types of risk assessment and investing strategies that lead to sustainable and long-term financial success and a self-sufficient retirement, including introduction and explanation of the Delaware EARNS Program established under Chapter 38 of Title 19. (4) Enabling students to understand personal budgeting. (5) Enabling students to understand and manage credit and debt, including credit scores; types of credit to include credit cards, auto loans, mortgages, student loans, payday loans, and title loans; the benefits and methods of debt avoidance and repayment; and the rule of 72. (6) Enabling students to understand financial institutions, including banking services, brokerage services, account fees, and the difference between fiduciary and non-fiduciary advisors. (7) Enabling students to understand personal and payroll-related taxes and their impact on disposable income. (8) Enabling students to understand career options, including college vs. trade or technical school and entrepreneurship vs. employment. (9) Enabling students to understand philanthropy. (10) Insurance options.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE EQUITY AND INCLUSION IN FINANCIAL LITERACY FOR ALL HIGH SCHOOL STUDENTS IN DELAWARE ACT.
HA 2 to HB 281StrickenYearickThis Amendment allows a plan under Medicare part C, a Medicare Advantage Plan, as an option for eligible pensioners who retire on or after January 1, 2028.  
HB 20CommitteeSpiegelmanThis Act enhances the General Assembly’s oversight of regulations adopted by state agencies by doing all of the following: (1) Making clear that the Registrar of Regulations is required to provide notice of each regulation proposed by a state agency to each member of the appropriate standing committee of each House of the General Assembly and to provide any comments collected from members of the standing committee to the state agency. (2) Making clear that the Chair of a standing committee may also schedule a committee meeting during the regular session of the General Assembly to consider a rule, regulation, or amendment to a rule or regulation that impacts or is within the subject-matter jurisdiction of the committee. (3) Requiring the Chair of a standing committee to hold a committee meeting when a majority of the members of a standing committee of either House of the General Assembly believe in good faith that the rule, regulation, or amendment to a rule or regulation impacts or is within the subject-matter jurisdiction of the committee and the committee should meet to consider the rule, regulation, or amendment to a rule or regulation. (4) Making clear that a standing committee or joint committee may draft legislation to propose action by the General Assembly related to recommendations made by the committee. (5) Making clear that a standing committee or joint committee may request the President Pro Tempore of the Senate or Speaker of the House of Representatives to call from recess of a special session the Senate, the House of Representatives, or the General Assembly, as the case may be. 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 LEGISLATIVE OVERSIGHT OF AGENCY REGULATIONS.
HB 21CommitteeSpiegelmanThis Act creates the Joint Committee on Oversight of Agency Regulations (“Committee”) to engage in review and oversight of regulations adopted by State agencies. Like laws in states such as Colorado and Utah, this Act does all of the following: (1) Requires that all regulations adopted by an agency between each November 1 and October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (2) Establishes criteria for the Committee’s review of State agency regulations. (3) Establishes a process for the Committee’s review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly. (4) If the Committee recommends a regulation not be allowed to expire, requires the Committee to draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire. (5) The Committee Chair, Vice Chair, and members receive the same additional compensation as the Joint Legislative Oversight and Sunset Committee.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LEGISLATIVE OVERSIGHT OF AGENCY REGULATIONS.
HB 303CommitteeCarsonThis Act modifies the eligibility standard from 100% disability to 80% disability or greater for veterans to qualify for the credit against taxation on qualified property and corrects a typographical error.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISABLED VETERANS' SCHOOL TAX CREDIT.
HB 306CommitteeK. WilliamsThis Act permits the Division of Motor Vehicles to refuse to renew the registration of a vehicle that is operated in violation of the law requiring stopping for school buses as evidenced by School Bus Safety Cameras. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE REGARDING PENALTIES FOR SCHOOL BUS STOP VIOLATIONS AS EVIDENCED BY SCHOOL BUS SAFETY CAMERAS.
HB 307CommitteeK. WilliamsThis Act provides a tuition waiver for victims of human trafficking who are enrolled in the University of Delaware, Delaware State University, or Delaware Technical Community College. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR HIGHER EDUCATION FOR VICTIMS OF HUMAN TRAFFICKING.
HA 1 to HB 277PassedK. WilliamsThis Amendment clarifies the intent of HB 277 to provide the Court of Common Pleas with sole original jurisdiction, to the exclusion of the Justice of the Peace Court, of offenses under section 4172 of Title 21, and that a violation of this section is within the jurisdiction of the Superior Court when it is joined with another offense that is within the jurisdiction of the Superior Court. 
HS 1 for HB 252Lieu/SubstitutedK. WilliamsThis Substitute bill differs from House Bill No. 252 by placing the Delaware Institute of Higher Education year long teacher residency program under Section 1312 of Title 14 rather than Section 1305.This Substitute bill grants graduates of the Delaware Institute of Higher Education teacher-residency program 1 year of experience credit in addition to any other experience granted under Section 1312. The goal of this Act is to incentivize a new graduate who has completed the year long Delaware residency program to stay and teach in Delaware by elevating their starting pay grade level by giving them 1 year of experience credit.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXPERIENCE CREDITS.
HA 1 to SB 3StrickenHarrisThis amendment adds explicit authority for early voting to the Delaware Constitution. 

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Education
Elections & Government Affairs
Environment, Energy & Transportation
Executive
Health & Social Services
Judiciary
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Corrections
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Judiciary
Natural Resources & Energy
Public Safety & Homeland Security
Revenue & Finance
Veterans Affairs

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Hirst, Eliza M.ConfirmedJudge, Family CourtNew
Karnai-Crossan, CynthiaConfirmedDirector, Delaware State Housing AuthorityNew
Markowski-Kelly, Jessica B.ConfirmedCommissioner, Family CourtNew
Monkman, RichardConfirmedMember, Delaware Thoroughbred Racing CommissionNew