Daily Report for 4/23/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 131PassedBrownThis Senate Concurrent Resolution recognizes May 2024 as "Older Americans Month" in the State of Delaware.RECOGNIZING MAY 2024 AS "OLDER AMERICANS MONTH" IN THE STATE OF DELAWARE.
HA 2 to SB 3PassedS. MooreThis Amendment does all of the following: (1) Clarifies that a qualified voter who is duly registered has an absolute right to vote by absentee ballot without an excuse. (2) Clarifies that a qualified voter who desires to cast an absentee ballot must request an absentee ballot from the Department of Elections for each election cycle, unless the qualified voter is granted permanent absentee status. This State’s current absentee voting law authorizes permanent absentee status for various reasons (see § 5503(k) of Title 15 of the Delaware Code) and this Amendment adopts those reasons. (3) Clarifies that early, in-person voting for the general election, a primary election, and a special election is to occur on 10 calendar days before the date of the general election, primary election, and special election, including the Saturday and Sunday immediately before the election. 
SA 1 to SB 251PassedHansenThis Amendment adds a representative of the State Board of Veterinary Medicine to the Delaware Veterinarian Medicine Education Advisory Council. Because the addition of a member gives the Advisory Council an odd number of members, this Amendment also removes language that prohibited the Advisory Council's chair from voting unless a tiebreaking vote was needed. This Amendment also corrects a technical error. 
SA 1 to SB 255PWBWalshThis Amendment removes the authorization of the Attorney General to bring an action to collect wages under the Wage Payment and Collection Act.  
SA 2 to SS 1 for SB 221PassedWilsonThis Amendment does the following: - Adds correction officers and probation and parole officers to the list of positions that qualify for a flag under this Act and names the Department of Correction as the entity that provides flags for these added positions. The Department of Correction will provide flags for probation and parole officers in both the Department of Correction and Department of Services for Children, Youth and their Families. - Names the Delaware Fire Prevention Commission as the entity that provides flags for volunteer or paid members of a fire department. - Corrects a technical error. 
SA 1 to HB 209StrickenPettyjohnThis amendment allows rental companies, shared vehicle owners, and peer-to-peer car sharing programs to recover damages relating to the loss of use of a rental vehicle or shared vehicle. This amendment also allows a rental company to recover the damages from a third party. 
HA 1 to HB 311PassedRomerThis Amendment adds that the prohibition of possession of a firearm in a Safe School Zone does not apply to any individual who is in possession of a firearm in or upon any part of the buildings or grounds of a college or university if the individual has written authorization from the administration of the college or university, or a designated representative of the administration.  
HS 2 for HB 350 w/ HA 1 + SA 1SignedLonghurstThis Act creates the Diamond State Hospital Cost Review Board, which will be responsible for an annual review of hospital budgets and related financial information. The Board will have 7 members: 6 appointed by the Governor and confirmed by the Senate, and the Executive Director of the Delaware Healthcare Association. This Act creates a requirement that hospitals submit yearly budgets, audited financial statements, and related financial information to the Board for review. Where a hospital fails to meet the state’s budget benchmark for increases in hospital costs it is required to engage with the Board on a performance improvement plan. If the Board and the hospital cannot agree on an improvement plan or where the hospital fails to successfully implement a performance plan, the Board may require the hospital to have its future budget approved by the Board. The submission of hospital budget and financial information will begin in 2025 for calendar year 2026. In reviewing performance improvement plans or proposed budgets, the Board will consider adherence as closely to the spending benchmark as is reasonable given the hospital’s financial position and associated economic factors, the promotion of efficient and economic operations of the hospital, and maintenance of the hospital’s ability to meet its financial obligations and provide quality health care. As a temporary measure until the Board begins operations, hospitals are required to charge no more than 250% of Medicare costs to any payer for hospital services in calendar year 2025. This Substitute Bill incorporates all of the following changes which were incorporated into House Substitute No. 1 for House Bill No. 350: It provides additional detail regarding the operation of the Board, budget modifications, and provides an appeal right to the Superior Court. It changes the application of the definition of hospital to exclude psychiatric facilities. Because hospitals may have different fiscal years, the deadline for the Board to issue a final decision on a budget is changed to 90 days before the start of a hospital’s fiscal year rather than a fixed date. The confidentiality provisions for hospital records have been updated. Technical corrections have been made. In addition, House Substitute No. 2 contains the following changes: It adds a performance improvement plan process as an interim step prior to requiring a hospital to submit a proposed budget for approval or modification by the Board. With this change, the Board will only accept and review budget information in its first year of operation in 2025. In 2026, it may direct hospitals to submit a performance improvement plan. It exempts hospitals that are exclusively rehabilitative hospitals. It changes the composition of the Board as set forth above. It exempts hospitals who derive 45% or more of their revenue or whose patient population has 5% or less Medicare patients from the 2025 reference pricing provision. It extends the interim reference pricing period to include 2026 and prohibits balance billing in reference pricing period.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL COSTS.
SA 2 to HB 209DefeatedPettyjohnThis amendment allows rental companies, shared vehicle owners, and peer-to-peer car sharing programs to recover damages relating to the loss of use of a rental vehicle or shared vehicle. This amendment also allows a rental company to recover the damages from a negligent party. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 209 w/ HA 1 + SA 3SignedLambertThis Act prohibits rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle. This Act abrogates the common law of loss of use to the extent that it applies to shared vehicle owners, peer-to-peer car sharing programs, and rental car companies and supersedes any other statute to the extent of a conflict.AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CAR COMPANIES AND PEER-TO-PEER CAR SHARING.
SB 237SignedHansenThis Act amends the provisions in Title 9 of the Delaware Code relating to the county comprehensive plans for Sussex, Kent, and New Castle Counties, and Title 22 of the Delaware Code relating to municipal comprehensive plans for municipalities with populations greater than 2,000, to require that their comprehensive plans increase community resiliency and address the impacts of climate change. The Delaware Code provisions regarding county comprehensive plans are being amended to require that future land use plans reflect strategies that consider community resiliency and reduce the vulnerability of property, agriculture, infrastructure, and cultural and natural resources from the impacts of climate change, including extreme weather events, and that those strategies be informed by the Delaware Climate Action Plan and Implementation Plans as amended, and in consultation with the Office of State Planning and Coordination. The new provisions add “walking trails” to the mobility element to be considered, and require that consideration be given to alternatives to auto-centric development patterns, including transit services. County comprehensive plans must be consistent with the State Implementation Plan and consider designated State evacuation routes. The county comprehensive plans must also consider forests, habitat areas, and wildlife corridors. The housing element for county comprehensive plans must consider anticipated growth areas and be in conformance with the strategies reflected in future land use plans and encourage the development of new housing growth away from areas vulnerable to inland and coastal flooding. This Act will not take effect until November 15, 2026.AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO COMPREHENSIVE PLANNING.
SS 1 for SB 252SignedSturgeonSenate Substitute No. 1 for Senate Bill No. 252 is identical to Senate Bill No. 252 except that SS 1 for SB 252 corrects a spelling error in the synopsis to avoid confusion. This Act requires that the Department of Education (Department) perform audits of educator preparation programs (program) to assess compliance with the evidence-based reading instruction requirements, known as the "science of reading", that were enacted on June 30, 2021, by Senate Bill No. 133 (151st). If a program is not compliant with these requirements, the audit findings must specifically identify each area in which the program is not compliant, and the Department must require that the program take corrective action for each non-compliant area. If a program is compliant with all of the science of reading requirements, the Department shall award the program a specific distinction. This Act also requires that the Department use these audits to identify how teacher preparation in reading instruction can be improved and that the audit findings be included in the reports the Department already publishes about educator preparation programs.AN ACT TO AMEND TITLE 14 RELATING TO EDUCATOR PREPARATION PROGRAMS.
SB 257SignedParadeeThis Act changes Delaware’s law related to liability insurance for rental vehicles. Under the Act, the minimum level of coverage required for a vehicle owner’s policy of liability insurance under § 2902 of this title is also required for a vehicle owner’s rental of a vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RENTAL CAR INSURANCE COVERAGE.
HCR 120PassedD. ShortThis Resolution pays tribute to the men and women of the Delaware National Guard for their service and sacrifices in support of defending our state and nation, and recognizes the outstanding advocacy provided by the National Guard Association of Delaware.HONORING THE MEN AND WOMEN OF THE NATIONAL GUARD ASSOCIATION OF DELAWARE FOR THEIR SERVICE IN ADVOCATING, ORGANIZING, TRAINING, AND EQUIPPING THE NATIONAL GUARD IN SUPPORT OF THE DEFENSE OF OUR STATE AND NATION.
SA 3 to HB 209PassedPooreThis amendment changes the provisions of proposed § 4902B(a) of Title 6 of the Delaware Code to prohibit damages incurred by rental companies for the loss of use of a rental vehicle and related administrative fees from being recovered from any renter, authorized driver, or his or her insurer, but does not prohibit recovery of loss of use damages from negligent third parties. This amendment also changes the provisions of proposed § 8614 of Title 21 of the Delaware Code to prohibit damages incurred by shared vehicle owners or peer-to-peer car sharing programs for the loss of use of a rental vehicle and related administrative fees from being recovered from any renter, authorized driver, or his or her insurer, but does prohibit recovery of loss of use damages from negligent third parties. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 318PassedBaumbachThis amendment acknowledges and clarifies that permissible bankruptcy exemptions may be found in parts of the Code other than Chapter 49 of Title 10. It also clarifies that the expansion of worker's compensation exemptions in bankruptcy and debt proceedings applies to worker’s compensation awards under U.S territories and possessions or the District of Columbia, as well as other states. 
SCR 146PassedPettyjohnThis Senate Concurrent Resolution recognizes the 80th Anniversary of the Sussex Conservation District and its commitment to provide technical guidance and financial assistance to enhance, maintain, protect, and improve land and water resources.RECOGNIZING THE 80TH ANNIVERSARY OF THE SUSSEX CONSERVATION DISTRICT.
HA 1 to HB 308PassedK. WilliamsThis Amendment changes the effective date of this Act to June 30, 2025.  

Senate Committee Assignments

Committee
Education
Environment, Energy & Transportation
Finance
Health & Social Services
Judiciary
Legislative Oversight & Sunset

House Committee Assignments

Committee
Education
Health & Human Development
Labor
Revenue & Finance

Senate Committee Report

Committee
Finance

House Committee Report

Committee
Economic Development/Banking/Insurance & Commerce
Public Safety & Homeland Security
Sunset Committee (Policy Analysis & Government Accountability)

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records