Daily Report for 3/7/2024

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SB 121SignedGayThis Act codifies that the Child Protection Accountability Commission, in conjunction with the Department of Services for Children, Youth, and their Families, is responsible for developing, maintaining, and conducting child abuse mandatory reporting, multidisciplinary response, and related trainings under this Chapter.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CHILD PROTECTION ACCOUNTABILITY COMMISSION
SB 122SignedGayThis Act authorizes the Office of the Child Advocate and Office of the Investigation Coordinator to provide child victim data and information to the Office of Investigative Services during presentence investigations of defendants convicted of felony child abuse, endangering the welfare of a child or death of a child.  AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 29 OF THE DELAWARE CODE RELATING TO AUTHORIZED INFORMATION SHARING FOR CHILDREN.
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.
HB 276SignedSchwartzkopfThis 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 That bill originally repealed the offense of “Possession of a weapon in a Safe School and Recreation Zone,” which was not actually a separate crime but rather operated as an aggravator and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.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 3 to SS 1 for SB 2DefeatedYearickThis amendment realistically expedites the background investigation process and brings the statutorily required background investigation into conformity with the manner in which such background investigations are routinely conducted both here in Delaware and throughout the majority of the states and in the process appropriately accelerates the time in which such investigations may be conducted. This amendment requires SBI to access all of the nationally recognized criminal justice data bases and will greatly reduce the cost of such investigations by reducing the number of personnel required to perform such investigations to a realistic operational level.  
HA 4 to SS 1 for SB 2DefeatedSpiegelmanEvery person desiring to purchase a firearm must first undergo and pass the criminal background check required by the laws of both the United States and the State of Delaware. Likewise, there are numerous professions and individual licensing processes that require their members to undergo either intense screening, intense training, or both. This amendment recognizes that fact and provides an exemption for certain professionals and individuals for whom the “permit-to-purchase” process contained in the original bill would represent an unnecessary waste of State time, money and human resources while adding no additional safety to the community. This amendment would eliminate from the permitting process those who have already been screened, trained and/or licensed and would allow scarce resources to be used more effectively to protect the public by eliminating unnecessary volume from the system and recognizing the overall value and trustworthiness the listed persons and professionals bring to our State.  
HA 7 to SS 1 for SB 2DefeatedMichael SmithThis amendment recognizes that there are those persons whom the Courts of this State have found to be either vulnerable to or at risk of physical abuse or attack and further provides a mechanism by which such persons may obtain a permit on an expedited or emergency basis. This amendment provides a process by which persons under the protection of a Protection From Abuse (PFA) Order issued by the Family Court and those victims of crimes who are under the protection of a No Contact Order issued by the Superior Court, Court of Common Pleas or Justice of the Peace Courts to obtain a permit to purchase a firearm for self-protection before having completed the required training but requires the person to obtain the training within 180 days and provide proof of that training to the Director of SBI. This amendment further requires the Secretary to develop, promulgate and administer a procedure for expediting the issuance of permits on an emergency basis to persons whom the Courts have protected either with a Protection From Abuse Order (PFA) or a No Contact Order.  
HA 8 to SS 1 for SB 2DefeatedCollinsPublic trust is the ultimate lynchpin to the public’s acceptance of the permitting system being created by Senate Substitute No. 1 for Senate Bill No. 2. For this new system to work and be trusted and accepted by the public it is absolutely imperative that the public understand and have confidence that their confidential personal information will remain secure and that the system will not be abused by unauthorized personnel or used in an ethically questionable manner to infringe upon their constitutional rights or their individual privacy. This amendment is designed to directly address those concerns and those specific issues. This Amendment exempts the information submitted by the applicant and/or developed by SBI’s investigation from public access under the Freedom of Information Act. This amendment also limits the access to such information and data to authorized personnel by requiring either a valid court order or an Attorney General’s subpoena. This protection ensures that any law enforcement access and/or use will truly be for legitimate law enforcement investigative purposes and eliminates or reduces the possibility of such information being used for political or other nefarious purposes. As an additional safeguard, this amendment punishes the unauthorized possession, use, access, transmission, release or publication of confidential information as a Class F felony.  
HA 9 to SS 1 for SB 2DefeatedYearickThis amendment creates a system by which an applicant can apply to the State for a permit to purchase a handgun online, complete the mandatory training requirements on line, and quickly obtain the required permit, thus significantly reducing the cost to the applicant, removing many of the perceived constitutional infirmities found in the original bill, and reducing the overall manpower costs and requirements for the State, thereby significantly reducing the overall fiscal impact of the permitting process on a long-term basis. The system created by this amendment is similar in concept to and inspired by systems found in other states.  
HA 5 to SS 1 for SB 2StrickenSpiegelmanEvery person desiring to purchase a firearm must first undergo and pass the criminal background check required by the laws of both the United States and the State of Delaware. Likewise, there are numerous professions and individual licensing processes that require their members to undergo either intense screening, intense training, or both. This amendment recognizes that fact and provides an exemption for certain professionals and individuals for whom the “permit-to-purchase” process contained in the original bill would represent an unnecessary waste of State time, money and human resources while adding no additional safety to the community. This amendment would eliminate from the permitting process those who have already been screened, trained and/or licensed and would allow scarce resources to be used more effectively to protect the public by eliminating unnecessary volume from the system and recognizing the overall value and trustworthiness the listed persons and professionals bring to our State.  
HB 335CommitteeK. WilliamsThis Act requires that any general salary increase, salary supplement, or one-time adjustment payable to public school employees likewise be payable to charter school employees. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOL EMPLOYEE SALARIES.
SR 18Passed SenateHoffnerThis resolution expresses support for the designation of March 2024 as "National Multiple Myeloma Awareness Month." EXPRESSING SUPPORT FOR THE DESIGNATION OF MARCH 2024 AS “NATIONAL MULTIPLE MYELOMA AWARENESS MONTH."
HA 1 to HS 1 for HB 203PWBHilovskyThis amendment makes technical corrections. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 147 w/ SA 1CommitteeSturgeonThis 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.
SA 1 to SS 1 for SB 147PassedSturgeonThis Amendment replaces the word "filing" with "pursuing" to include all steps in a judicial or administrative proceeding regarding the employee's claim that the employer violated a state or federal employment law protecting the rights of employees. 
HCR 86PassedLonghurstThis resolution recognizes the Easterseals/CAI Volleyball Challenge occurring March 9 at William Penn High School and April 20 at Delaware State University, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families.RECOGNIZING THE EASTERSEALS/CAI VOLLEYBALL CHALLENGE AND THE VOLLEYBALL AMBASSADOR, BRIAN PERRY IN THE 18TH YEAR OF DEMOCRAT AND REPUBLICAN TEAM PARTICIPATION.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 87PassedCarsonThis Amendment adds a definition for “qualifying policy” and replaces the phrase “multi-peril crop insurance and whole farm revenue protection” with “qualifying policy” in order to broaden the available types of policies administered by the Federal Crop Insurance Corporation, and purchased by eligible Delaware producers, that will be eligible for the policy premium subsidy under this Program. 
SS 1 for SB 2 w/ HA 2, HA 6, HA 10, HA 11SignedLockmanThis Act is a substitute for Senate Bill No. 2. Like Senate Bill No. 2 this Act does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. A holder of a valid concealed carry permit, a qualified law-enforcement officer, and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit. (2) Prohibits a licensed importer, manufacturer, or dealer, as well as unlicensed persons, from selling or transferring a handgun to an individual unless the individual has a handgun qualified purchaser permit. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (4) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records. (5) Requires the Department of Safety and Homeland Security to develop and administer a firearms training voucher program for low-income residents to provide low-income residents with a voucher to cover the costs of the firearms training course required under Section 1 of this Act. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 2 as follows: (1) By increasing the time a handgun qualified purchaser permit is valid from 180 days to 1 year. (2) By requiring the Superior Court to schedule the de novo hearing within 15 days of the filing of the appeal rather than to hold the hearing within 21 days of the filing of the appeal. (3) By extending the implementation timeline of Sections 1 and 5 of this Act from a maximum of 6 months from the date of the Act’s enactment to a maximum of 18 months from the date of the Act’s enactment. AN ACT TO AMEND TITLE 11, TITLE 24, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.
HA 2 to SS 1 for SB 2PassedMinor-BrownThis amendment does the following: Extends from 1 year to 2 years the length of time a handgun qualified purchaser permit is valid from the date of issue. Makes a technical correction to language relating to the JP Court appeal process. Allows for local law-enforcement agencies to ensure surrender or removal of handguns purchased with a revoked permit. Removes the firearms training course voucher program and makes corresponding technical changes. Adds an explicit severability provision. 
HA 1 to HB 283PassedBushThis 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.  
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. 
SCR 118PassedGayThis resolution recognizes March 7, 2024, as "Delaware Giving Day."RECOGNIZING MARCH 7, 2024, AS "DELAWARE GIVING DAY."
HA 6 to SS 1 for SB 2PassedSpiegelmanNumerous professions provide and require training equal to or in excess of that required by the original bill. Likewise, certified instructors and competitive shooters enjoy much higher levels of knowledge, experience and competency than is required by the training requirements contained in the original bill. This amendment recognizes that fact and provides an exemption for certain professionals and individuals for whom the training requirements contained in the original bill would represent meaningless redundancy and an unnecessary waste of time, money and human resources while adding no additional safety to the community. This amendment would eliminate from the training requirement the redundancy represented by the requirements of the original bill for certain qualified individuals, reduce the cost to the applicant and make the permitting process more effective, meaningful, accepted and respected by the general public.  
HA 10 to SS 1 for SB 2PassedMinor-BrownThis Amendment clarifies what information may be retained by SBI and explicitly exempts application and permit information from the Freedom of Information Act. 
HA 11 to SS 1 for SB 2PassedMinor-BrownThis amendment requires that a person identified in House Amendment No. 6 is exempt from the training requirement only if the firearm training they undertake as part of their employment meets the requirements for training set forth in this Act. 

Senate Committee Assignments

Committee
Agriculture
Banking, Business, Insurance & Technology
Education
Elections & Government Affairs

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Judiciary
Public Safety & Homeland Security
Revenue & Finance

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Education

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HA 4 to SS 1 for SB 2DefeatedSpiegelmanThis amendment to the amendment clarifies that the Attorney General and Deputy Attorneys General are exempt from the permitting process if otherwise qualified under the subsection. 

Nominations Enacted upon by the Senate

No Records