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Daily Report for 5/14/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

Bill	Current Status	Sponsor	Synopsis	Title
HA 2 to HB 351	Stricken	Osienski	This amendment to House Bill 351 modifies language that removes residential roadways and other roadways on which motor vehicles are commonly parked in excess of 24 hours from the definition of public parking areas, and deletes an exception to this provision that would make these roadways public parking areas if conspicuous signs are posted to specify the time or other limits to such parking. This amendment also exempts the towing of vehicles for unpaid tickets from the provisions of House Bill 351.
HA 1 to HB 265	Stricken	Michael Smith	This amendment requires the plaintiff to prove the commercial entity that publishes or distributes material harmful to minors did so " knowingly and intentionally" instead of "knowingly or intentionally". This sets a higher burden of proof.
HA 2 to HB 265	Passed	Michael Smith	This amendment strikes 2 words that are not necessary to define "material harmful to minors".
HA 3 to HB 265	Passed	Michael Smith	This amendment defines the term "substantial portion" to be more than 33 1/3 of total material on a website that meets the definition of material harmful to minors. This is the same percentage and definition as used by the State of Virginia.
HA 4 to HB 265	Passed	Michael Smith	This amendment exempts libraries in the state that are subject to the Delaware Children's Internet Protection Act (Chapter 66C, Title 29) from liability under this act.
HA 5 to HB 265	Stricken	Michael Smith	This amendment clarifies that an internet provider or user of an interactive computer service on the internet is not subject to liability under this act.
HA 2 to HS 1 for HB 17	PWB	Morrison	This amendment removes closure of a family member’s school or other facility and time to attend school-related functions and events from permissible uses of sick time and safety leave and makes conforming changes.
SB 303	Committee	Wilson	This Act is the first leg of a constitutional amendment to establish the right to hunt and fish in Delaware. Twenty-one other states have preserved the rights of their citizens to hunt, fish, or trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, and Tennessee. This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State. This Act may not be applied to do any of the following: 1. Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body. 2. Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities. 3. Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license. 4. Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.	AN ACT PROPOSING AN AMENDMENT TO ARTICLE 1 OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING.
HA 1 to HB 317	Passed	Lambert	This amendment allows the distributor to chose whether to display the warning either at the point of sale or at the gift card display.
SA 1 to HB 87	Stricken	Paradee	This Amendment limits the Program funding to $2,000,000 annually, and changes the contingency language under Section 2 of the Act to conform with the Delaware Legislative Drafting Manual.
SA 2 to SB 258	PWB	Mantzavinos	This Amendment clarifies that the person subject to the fines of this Act are presumed to be the vehicle’s registered owner. This Amendment directs the Department of Transportation to submit a report evaluating the performance of autonomous vehicle technology to the General Assembly and the Governor by January 1, 2029. The Amendment directs the Department of Transportation to consult with other departments and independent experts for their report.

Legislation Passed By Senate

Bill	Current Status	Sponsor	Synopsis	Title
SB 231	Signed	S. McBride	This Act removes the sunset provision in Chapter 453, Volume 83 of the Laws of Delaware relating to the program established under §9011A of Title 29 to assist individuals who are in or have experienced foster care in Delaware with driver education, driver licensing, and motor vehicle insurance and associated barriers and costs. The Act also amends §9011A of Title 29 to clarify the scope and administration of the program, and amends the definition of “youth in foster care” under §3921 of Title 18 to maintain consistency with 29 Del. C. §9011A(g)(1).	AN ACT TO AMEND CHAPTER 453, VOLUME 83 OF THE LAWS OF DELAWARE, AND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROVIDING FOR DRIVER EDUCATION TRAINING, A DRIVER'S LICENSE, OR MOTOR VEHICLE INSURANCE FOR AN INDIVIDUAL WHO IS IN OR HAS EXPERIENCED FOSTER CARE IN DELAWARE.
SB 239 w/ SA 1	Signed	Walsh	This Act removes the 5-year term limit imposed upon hearing officers appointed by the Secretary of Labor. It also removes the political party affiliation rule when considering new candidates for the hearing officer position. The Act removes references to reappointments and clarifies that the removal of a hearing officer is made consistent with the State Merit Rules. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.	AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO HEARING OFFICERS WITHIN THE DEPARTMENT OF LABOR.
HCR 100	Passed	Harris	This House Concurrent Resolution recognizes May 10th as “Major George S. Welch Day” in the State of Delaware.	RECOGNIZING MAY 10TH AS “MAJOR GEORGE S. WELCH DAY”.
SB 15	Passed	Sokola	The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act is the first leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16, as introduced, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement: (1) The Department of Education. (2) The Department of Military Affairs / Delaware National Guard. (3) The Office of Management and Budget. (4) The Department of Health and Social Services. (5) The Department of Natural Resources and Environmental Control. (6) The Department of Agriculture. (7) The Department of Safety and Homeland Security. (8) The Department of Finance. (9) The Department of Transportation. (10) The Department of Labor. (11) The Delaware State Housing Authority. (12) The Department of State. (13) The Department of Correction. (14) The Department of Services for Children, Youth and Their Families. (15) The Department of Technology and Information. (16) The Department of Human Resources. This Act requires a greater than majority vote for passage because § 1 of Article XVI 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 Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.	AN ACT PROPOSING AN AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.
SB 16	Signed	Sokola	The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act implements the process of aligning the end of the term of each of the members of the Governor’s cabinet with the end of the Governor’s term by designating the principal officer of each executive department who is subject to the amendments to § 10 of Article III of the Delaware Constitution proposed by Senate Bill No. 15. The General Assembly’s intent in making this change is to require each member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of a Governor. This Act also makes the following consistent: (1) The method of determining the annual salary of members of the Governor’s cabinet, by providing that the General Assembly is to set the salary in the annual appropriations act, thereby conforming the Delaware Code to current practice. (2) The preference for members of the Governor’s cabinet being residents of this State on appointment, by removing from the Delaware Code the preference for residency for the Secretary of the Department of Safety and Homeland Security, the Secretary of the Department of Finance, the Secretary of the Department of Transportation, the Secretary of Labor, the Housing Director of the Delaware State Housing Authority, and the Secretary of the Department of State. Residency requirements for members of the Governor’s cabinet are being removed from the Delaware Code by this Act and replaced with a notation that residency requirements are as provided in the Delaware Constitution. Residency requirements for members of the Governor’s cabinet will now be consistent, requiring the members to be residents of this State within at most 1 year after appointment and to remain residents of this State or be deemed resigned from office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Because the next General Assembly must concur in the proposed amendment to the Delaware Constitution, this Act does not take effect until the passage of the second leg of the constitutional amendment in the 153rd General Assembly.	AN ACT TO AMEND TITLE 14, TITLE 20, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.
SA 1 to SB 239	Passed	Walsh	This Amendment does the following: (1) removes language from the original bill that allowed for the removal of a hearing officer in accordance with State Merit Rules. (2) reinserts language that was removed in the original bill.
HCR 130	Passed	Dorsey Walker	This Concurrent resolution recognizes the Success of the Downtown Development District (“DDD”) Program on the tenth anniversary of its establishment.	RECOGNIZING THE MONTH OF MAY AS THE ANNIVERSARY OF THE DOWNTOWN DEVELOPMENT DISTRICT PROGRAM.

Legislation Passed By House of Representatives

Bill	Current Status	Sponsor	Synopsis	Title
HB 351 w/ HA 3, HA 4	Committee	Osienski	This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator: Photographic evidence must be taken to document the unauthorized parking of a vehicle before it can be towed. Tow companies and storage facilities must publicly display their rates. Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county. A maximum total towing and storage rate of $500 is imposed. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours. Individuals must be allowed to retrieve at no cost personal belongings from vehicles held in storage. Tow companies and storage facilities must accept credit cards. Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle. Tow companies are liable for property damage sustained due to a non-consensual tow or storage. Tow companies may not patrol for illegally parked cars. Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.	AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY BY PRIVATE TOW COMPANIES.
HA 1 to HB 354	Passed	K. Williams	This amendment changes the public school priority requirement so that it is permissive and prescriptive, mirroring the charter school requirement.
SCR 159	Passed	Hocker	This Senate Concurrent Resolution proclaims the month of May 2024 "Cystic Fibrosis Awareness Month" in the State of Delaware.	PROCLAIMING THE MONTH OF MAY 2024 "CYSTIC FIBROSIS AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 164	Passed	Huxtable	This resolution designates May 16, 2024, as "Global Accessibility Awareness Day" in the State of Delaware, affirms the importance of making the internet and technology accessible to all, and encourages expanded efforts to keep Delaware residents properly informed about the need for equitable digital access and inclusion.	DESIGNATING MAY 16, 2024, AS “GLOBAL ACCESSIBILITY AWARENESS DAY” IN THE STATE OF DELAWARE.
HA 1 to HB 254	Passed	Gray	This Amendment addresses timing issues related to the Bill’s requirement that candidates for Town Council provide the results of their criminal background checks. Specifically, the Amendment requires candidates to provide the results of their criminal background check to the Town Manager at least two weeks ahead of the election, rather than just one. The Amendment then requires the Town Manager to publish the list of candidates in a newspaper at least ten days before the election, instead of fifteen days. The Amendment also requires the Town Manager to post the list of candidates on the Town website, at Town Hall, and in four other public places; currently, those postings are in the Town Council’s discretion.
HA 3 to HB 351	Passed	Osienski	This amendment to House Bill 351 incorporates House Amendments 1 and 2 to House Bill 351 and does the following: (1) it clarifies the definition of a private parking area; (2) it modifies language that removes residential roadways and other roadways on which motor vehicles are commonly parked in excess of 24 hours from the definition of public parking areas, and deletes an exception to this provision that would make these roadways public parking areas if conspicuous signs are posted to specify the time or other limits to such parking; (3) it provides an exemption for the towing of vehicles for unpaid tickets; (4) it allows the prior written authorization required for a non-consensual tow of a vehicle from a private parking area to be conveyed electronically; (5) it specifies that the $500 cumulative total fee cap applies to the owners and operators of non-commercial motor vehicles. In addition, this amendment specifies that the $500 cumulative total fee cap also applies to the owners and operators of rental vehicles.
HA 4 to HB 351	Passed	Osienski	This amendment to House Bill 351 corrects a technical error.

Senate Committee Assignments

House Committee Assignments

Senate Committee Report

House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records