Daily Report for 5/21/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 403StrickenSchwartzkopfThis amendment changes the date that The Board of Assessment Review for Kent County or its representatives must hear appeals and make additions, alterations or corrections to assessments from April 1 through April 15 to March 1 through May 31 of each year or until all appeals have been heard and acted upon during a year of reassessment. This amendment also corrects a typographical error in the original bill. It provides that Ad Valorem assessments for mobile homes shall be developed in the same manner as real property and be predicated on their market value, taxed at the same rate as real property throughout the county and school district in which the mobile home is located and in the name of the owner.  
HB 412CommitteeYearickLike Chapter 19 of Title 10, covering judicial officers, and a similar provision pending for correctional officers, this Act allows law enforcement officers to submit a written request that their personal information not be publicly released. The written request may be submitted directly by a law enforcement officer to a person or government agency or the law enforcement agency employing the officer may submit a written request on behalf of the officer. This Act also directs the law enforcement agency employing covered law enforcement officers to develop a policy and procedure for law enforcement officers to apply for the employer to submit a written request on behalf of the law enforcement officer. The employer would also be required to enroll a law enforcement officer who opts into the employer’s process to enroll the law enforcement officer in the services for an online privacy vendor. This Act applies to law enforcement officers who serve on or after its enactment date and takes effect 180 days after its enactment into law. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT OFFICER PRIVACY.
HB 413CommitteeYearickThis Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables a police officer to make arrests for certain serious offenses committed in the officer's presence when the officer is off-duty, if the officer is operating a police vehicle equipped with emergency lights and a siren. (2) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence, reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (3) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 permitted motor vehicle offenses, the registration number, description, and number of occupants of the vehicle. (4) Enables an off-duty police officer to make an arrest at any location in the State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.
HA 1 to HS 2 for HB 244PWBMichael SmithThis amendment phases in the funding for athletic trainer units over 4 years instead of 3 years. 
HA 2 to HB 403StrickenSchwartzkopfThis Amendment to HB 403 changes the time period for issuing appeal decisions from 5 days to 30 days. It further provides for 20 days instead of 15 days for a Department or Office of Finance to provide a certified record to the Superior Court if a decision is appealed. It further corrects typographical errors in the original bill.  
HA 3 to HS 1 for HB 17PWBMorrisonThis amendment changes the definition of “small business” to “an employer that employed less than 25 employees in this State during the previous 12 months.” 
HA 1 to HB 16PassedLonghurstThis amendment adds a family history of breast cancer in a male relative and a personal history of polycystic ovarian syndrome to the definition of "at risk for ovarian cancer". 
HB 415CommitteePhillipsThis Act ensures that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness, many of which are existing constitutional rights, and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to law enforcement Internal Affairs if necessary. These entities already exist and administer Delaware’s Fair Housing and Equal Accommodations laws. This act is intended to prohibit discrimination on the sole basis that one is experiencing homelessness. It does not give preferential treatment to those experiencing homelessness, but merely prohibits discriminatory treatment. The complaint process requires that conciliation is attempted before a public hearing is held, as set forth in lines 151-160 and 167-169. This Act is a successor to House Bill No. 55, and differs from that bill in the following ways: 1) The new Chapter it creates is entitled “Anti-Discrimination Provisions for Individuals Experiencing Homelessness” instead of “Bill of Rights for Individuals Experiencing Homelessness.” 2) Defines the term reasonable search. 3) Expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home. 4) Eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code. 5) Clarifies that the right to seek or maintain housing does not preclude or limit a municipality’s enforcement of its housing, building, and sanitation laws. 6) Changes the right to occupy a motor vehicle or recreational vehicle, provided that the vehicle is legally parked "on public property" to "in a public parking lot." 7) Confirms that the right to be free from discrimination by landlords on the basis of experiencing homelessness does not preclude a landlord’s consideration of any other factor that is permissible under State or federal law. 8) Removes the provision that the Commission and the Division may consult with state, county, and municipal officials, and other interested parties, to learn the extent, if any, to which discriminatory acts exist in the State, county, or municipality, and whether and how state, county, or municipal enforcement programs might be utilized to combat the discrimination. 9) Mandates reporting on the Division's educational activities. 10) Provides that upon preliminary confirmation that the party alleged to have engaged in a discriminatory act is a law enforcement officer or law enforcement agency, the Division shall refer the matter to the applicable Internal Affairs department (instead of the Department of Justice) for further appropriate investigation and resolution. 11) Provides that the Commission shall issue an annual report identifying organizations who has committed three or more substantiated violations of § 4504A of this title in a 12 month period. 12) Clarifies that judicial review is done in accordance with the Administrative Procedures Act. 13) Provides respondents with a cause of action for damages, including attorneys’ fees, costs, and punitive damages, against a complainant who abuses the process set forth in the act.AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE EXPERIENCING HOMELESSNESS.
SA 1 to SB 278PWBPooreThis Amendment makes a number of changes to SB 278: The Amendment provides that "new motor vehicle dealer" or "dealer" includes manufacturers who are licensed by the Department of Motor Vehicles to sell or lease new motor vehicles directly to customers. This revises SB 278, which included in the definition of "new motor vehicle dealer" or "dealer" only those manufacturers who were licensed by the DMV prior to August 1, 2023. The Amendment provides that a manufacturer violates Chapter 49 by refusing to accept the return of or fully reimburse the dealer for the cost of parts, tools, and other equipment or infrastructure required under the franchise agreement or as part of a policy or program related to the sale or service of electric motor vehicles, if the dealer can demonstrate that the volume of electric motor vehicle sales is inadequate to allow the dealer to realize a reasonable return on the investment over the useful life of the part, tool, or other equipment or infrastructure. SB 278 did not require the dealer to make this demonstration. The Amendment reduces, from 20% to 8% of the percent of gross revenue from the manufacturer or distributor's sale directly to a retail customer of a motor vehicle accessory, option, or similar, that the manufacturer or distributor is required to pay to a franchised new motor vehicle dealer for cars sold within the 5-year period preceding the sale of the accessory or option. In addition, the Amendment reduces the number of new motor vehicle dealers or motorcycle dealers required to be members of an association in order for the association to have standing to pursue collective action and removes language concerning what constitutes a cognizable injury for purposes of collective action. The Amendment provides that a manufacturer or distributor is not considered a "dealer" or "motor vehicle dealer" for purposes of Title 21, unless the manufacturer or distributor is licensed as a motor vehicle dealer. This revises SB 278, which provided that only a manufacturer or distributor licensed before May 15, 2023 would be considered a "dealer" or "motor vehicle dealer." The also Amendment prohibits manufacturers, importers, and distributors from owning a dealership in Delaware if the manufacturer, importer, or distributor has manufactured, imported, or distributed motor vehicles of any line make that have been or are offered for sale within the state under a franchise agreement with an independent person. 
SA 1 to SS 2 for SB 150PassedMantzavinosThis amendment clarifies the definition of secured memory care unit. 
SS 1 for SB 11PassedTownsendThis is a substitute for Senate Bill No. 11. Like Senate Bill No. 11, this Act is the first leg of a constitutional amendment to modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to enumerate certain felony offenses for which, or circumstances under which, pretrial release on bail may not be allowed. And, like Senate Bill No. 11, any statute designating a felony offense for which a person can be subjected to pretrial detention without bail must be enacted by an act of the General Assembly that receives the concurrence of a two-thirds majority of each House of the General Assembly. This Act differs from Senate Bill No. 11 by providing that if a law designates a felony offense as potentially not bailable under this Act, a law removing that designation must also be enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly. The current constitutional provision providing that only “capital offenses” are potentially not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, certain crimes that the Framers included as potentially not bailable are currently bailable. Presently, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. Like Senate Bill No. 11, this Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety while minimizing pretrial detention for those for whom detention is not required. Specifically, this Act, like Senate Bill No. 11, will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive or presumption of the accusation great, and other specifically identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof is positive or presumption of the accusation great. (3) Ensure that an additional condition precedent to bail being withheld in non-capital cases is a finding by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the person’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. This constitutional amendment, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a preventive detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code to prescribe by law the specific felony offenses, circumstances, and procedures under which detention without bail may occur. With this change, though, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this change does so by adopting the standards recommended by authoritative sources including the National Conference of State Legislatures, the Uniform Law Commission, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. Any legislation subsequently enacted or court procedures adopted to implement this constitutional amendment would have to require individualized, fact-governed decision-making by any court considering preventive detention to pass muster under the United States and Delaware Constitutions. Senate Bill No. 12, as introduced, is intended to do this. 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.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES.
SA 1 to SB 12PassedTownsendThis Amendment makes the following technical corrections: (1) A correction to make clear that the Attorney General always bears the burden of establishing the commission of a preventive detention eligible offense with proof positive or presumption great at a preventive detention hearing. (2) A correction made necessary by the introduction of Senate Substitute No. 1 for Senate Bill No. 11. This correction ensures clarity related to the effective date of Senate Bill No. 12 (contained in Section 17 of Senate Bill No. 12) and to the sunset date for the bail procedures enacted by Senate Substitute No. 1 for Senate Bill No. 7 in the 151st General Assembly, Chapter 72 of Volume 83 of the Laws of Delaware (contained in Section 18 of Senate Bill No. 12). 
SA 2 to HB 87PassedParadeeThe first part of this amendment clarifies that only the amount of funds appropriated by the General Assembly will be available to provide the insurance premium subsidy established by the bill. The second part of this amendment clarifies that funding can be provided by other sources besides the State operating budget. 
SS 1 for SB 224CommitteePettyjohnThis Act exempts an employee of a private school from the Safe School Zone law if the employee is designated by the employee’s private school employer to provide security for the school and the employee holds a Delaware concealed carry permit. This Act also makes technical corrections to conform to existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A FIREARM IN A SAFE SCHOOL ZONE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 200 w/ SA 1 + HA 1SignedSokolaThis bill provides important consumer protections for property insurance contracts by improving the reliability of mailed notifications of policy cancellation or renewal. Section 1 of this bill requires insurers to deliver any homeowners’ notices of cancellation or nonrenewal by USPS certified mail or USPS Intelligent Mail barcode. Further, whereas currently an insurer can cancel or non-renew a policy because of two non-weather-related claims over the lifetime of the policy, this legislation provides a reasonable claims lookback period for non-weather-related claims, as is already the case for claims in other portions of this subsection of the Code. Section 2 of this bill precludes an insurance carrier from refusing to renew a homeowners’ policy based on non-weather claims unless 2 or more claims occur within the 36-month period immediately preceding the expiration of the current policy period.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROPERTY INSURANCE CONTRACTS.
HB 322SignedBushThis Act establishes the Delaware Commission on Asian and Pacific Islander Heritage and Culture.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMISSION ON ASIAN AND PACIFIC ISLANDER HERITAGE AND CULTURE.
HB 334 w/ HA 1SignedOsienskiThis Act makes several technical and logistical corrections to the Delaware Marijuana Control Act. Section 1 of this Act authorizes the Division of Alcohol and Tobacco Enforcement to conduct administrative inspections of premises licensed under Title 4 for the purpose of ensuring compliance with the provisions of Title 4, the rules and regulations of the Alcohol Beverage Control Commissioner, or the rules and regulations of the Marijuana Commissioner. Section 2 of this Act creates definitions for the terms “conditional license” and “flowering plants.” Section 3 of this Act changes the permissible hours of operation of a marijuana facility from 9 a.m. through 1 a.m. to 9 a.m. through 10 p.m. on Mondays through Saturdays. Section 4 of this Act gives enforcement powers to the Division of Alcohol and Tobacco Enforcement and permits administrative inspections of premises licensed under Chapter 13 of Title 4. Section 5 of this Act removes the power of the Commissioner to create rules and regulations to gather consumer data to track compliance with possession limits. Section 6 of this Act makes the following changes to the application selection process: (1) it removes the requirement that the process be varied to account for geographic distribution or population density; (2) it removes a requirement for an applicant to provide information as to the suitability of the proposed location for the facilities; (3) it removes the requirement for an attestation signed by a bona fide labor organization that the applicant has entered a labor peace agreement with the organization (this requirement is instead moved to the criteria for conditional licensure in Section 13 of this Act); (4) it moves the requirement for the creation of identification badges from marijuana establishments to the Commissioner and permits the Commissioner to require a fee for each badge; (5) requires that employees complete training approved by the Commissioner in recognizing valid identification cards; and (6) specifies that agents of a marijuana establishment are subject to all standards and requirements of regulations adopted by the Commissioner. Section 7 of this Act removes a provision for retail store licenses that specifies that a properly registered compassion center that is issued a retail marijuana store license is considered a business registration separate and distinct from the compassion center registration. It also removes the ability for a licensee or employee of a retail marijuana store to detain and question an individual that the employee believes is under 21 years old and is believed to be exhibiting fraudulent identification to attempt to obtain retail marijuana or a retail marijuana product. Section 8 of this Act corrects a typographical error and clarifies the definition of a cannabis plant grow canopy area. Section 9 of this Act changes the criteria for social equity applicants to remove a Delaware residency requirement and add that a marijuana-related conviction or adjudication of delinquency must have been under the laws of Delaware. Section 10 adds a source of funding that the Commissioner is to investigate that may support social equity applicants. Section 11 of this Act removes a prohibition on microbusiness applicants from possessing more than 1,000 marijuana plants each month and a Delaware residency requirement. Section 12 of this Act repeals a provision allowing for the grant of a conditional license to microbusiness applicants, as in Section 13 of this Act, a new section 1345 of Title 4 authorizes the grant of conditional licenses to applicants who meet specified criteria for licensure. Section 13 of this Act makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual, prohibits the grant of multiple licenses of any type where the grant would result in the applicant or other person with a financial interest in the application owning more than one business entity of the license type, authorizes the Commissioner to grant a conditional license to any applicant, specifies criteria that must be met for the Commissioner to grant an active license, details requirements for background checks, and makes information received by the Commissioner during the application or background check process confidential and exempt from the Delaware Freedom of Information Act. Section 14 of this Act limits the prohibition on the transfer of social equity licenses to people who would not meet the criteria for the issuance of a social equity license so that licensees may transfer such licenses after three years. Section 15 of this Act adds support for social equity applicants with select business-related expenses to the list of areas for which funding from the Justice Reinvestment Fund is to be appropriated to administer grants, contracts, services, or initiatives. Section 16 of this Act makes changes to Title 30 relating to taxes on retail marijuana establishments. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual. This Act requires passage by a 3/5 majority because it authorizes the Commissioner to charge a fee for identification badges. AN ACT TO AMEND TITLES 4 AND 30 OF THE DELAWARE CODE RELATING TO MARIJUANA.
SB 279SignedWalshSection 2306 of Title 14 requires that when a new school is constructed or a major renovation is undertaken, the construction or renovation must include certain safety features, including a secured vestibule and the installation of "ballistic resistant glass or other ballistic resistant materials" in certain areas of the school. This Act adds that ballistic resistant film may be used in addition to ballistic resistant glass. This Act also removes “or other ballistic resistant materials” because it was being interpreted to require ballistic resistant desks and other features that may not improve safety outcomes. This Act also changes the review process for existing schools undergoing a major renovation. Ensuring existing schools are able to comply with the safety requirements in § 2306 can require expensive changes that are not necessarily clear from the outset. This Act requires that the school district and the Department of Safety and Homeland Security engage in the review under § 6307A of Title 29 before a certificate of necessity is submitted. This will ensure the safety requirements under § 2306 are met and allow school districts to have a better idea of how much money is needed to successfully complete the project without having to later reallocate funds from another source. The timing requirement added by this Act in § 6307A of Title 29 does not apply to a school undergoing a major renovation if the certificate of necessity was submitted before the date of this Act’s enactment into law. This Act specifies that if there is disagreement about a construction plan’s compliance with school safety requirements after the review under § 6307A of Title 29, then the school district may request an additional review be conducted by the Secretary of the Department of Safety and Homeland Security. The Secretary shall review the construction plans and make the final determination about the construction plan’s compliance. 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 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY.
SB 283SignedBrownThis Act repeals the DELJIS Fund fee imposed on criminal defendants. The elimination of this fee was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. Any outstanding balances owed for this fee shall be discharged upon the Act’s effective date. Per the Study Group’s recommendation, the Act will become effective upon the specific appropriation of General Fund monies to replace DELJIS’s full spending authority of the repealed fee.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELJIS FUND.
SB 282SignedBrownThis Act repeals the Senior Trust Fund Fee, the Interstate Compact Fee, and the Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee imposed on criminal defendants. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly also intends to eliminate any outstanding balances owed on these fees.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ELIMINATION OF CERTAIN FEES.
SB 284SignedBrownThis Act discharges balances owed by individuals ordered to pay a probation supervision fee under § 6504(14) of Title 11 of the Delaware Code or a Public Defender fee under § 4607 of Title 29 of the Delaware Code. The probation supervision fee and Public Defender fee were repealed by Chapter 441 of Volume 83 of the Laws of Delaware, House Bill No. 244, as amended by House Amendment No. 2 (151st General Assembly). AN ACT TO DISCHARGE OUTSTANDING BALANCES OWED BY INDIVIDUALS FOR FEES REPEALED BY CHAPTER 441 OF VOLUME 83 OF THE LAWS OF DELAWARE.
SB 285SignedBrownThis bill eliminates the requirement that Justice of the Peace Court constables reside within the State of Delaware. The residency requirement was established when Constables were independent officers, and had their own bonding requirements and penalties for failure to do the business of the Court. Constables are now employees of the Justice of the Peace Court and the residency requirement is no longer needed. The removal of the requirement will allow the Justice of the Peace Court to recruit from a larger pool of candidates and to retain existing trained and skilled employees. AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RESIDENCY REQUIREMENTS FOR JUSTICE OF THE PEACE COURT CONSTABLES.
SB 291SignedGayThis Act removes the registration of trade names for sole proprietorships, partnerships, and associations in the Superior Court prothonotaries and places registration of such trade names with the Division of Revenue. Additionally, this Act provides that the filing of certificates will be recorded electronically and the fee for such filing is $25.00. Under Superior Court Civil R. 77(h), the current filing fee is $25.00. This change updates the statute consistent with the current fee collected by the Superior Court.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS IN THE SUPERIOR COURT.
SB 297SignedTownsendThis Act acknowledges the importance of diversity and inclusivity in education by requiring the Department of Education to update content standards and regulations using a non-exhaustive list of racial, ethnic, and cultural groups.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DIVERSITY AND INCLUSIVITY IN EDUCATION.
SS 1 for SB 269 w/ HA 1, HA 1 to HA 1SignedTownsendThis Act simplifies and in some cases increases the civil penalties for violations of laws related to dogs that run at large, dogs that bite a human being or domestic animal while running at large, and dogs that are designated as dangerous or potentially dangerous. It also expands the requirements for keeping or maintaining a dangerous or potentially dangerous dog to include provisions related to licensing, vaccination, microchipping, and leashing. The Act also makes changes to procedures of the Department of Health and Social Services (“the Department”) relating to dogs, including the following: (1) It removes an unused provision requiring that notification of the impoundment of a running at large dog be made to the dog owner in writing. (2) It gives the Department 15 days, rather than 5 days, to file a civil action after impounding a dog and identifying and informing the dog owner. (3) It changes from 48 to 24 the number of hours that an individual can confine a dog that is not the individual’s own before contacting the Department to report the dog. Senate Substitute No. 1 for Senate Bill No. 269 differs from Senate Bill No. 269 as follows: (1) It removes a provision that would have increased the amount of liability insurance that a dangerous dog owner must carry. (2) It expands the definition of “serious physical injury” to include injuries that pose serious or prolonged impairment to health and serious or prolonged loss or impairment of the function of any bodily organ. (3) It removes inaccurate cross-references from § 3074F and replaces them with references to the entire chapter. (4) It provides that a dog will not be considered dangerous or potentially dangerous if it injures a human being who is teasing, tormenting, abusing, or assaulting the dog’s owner or its offspring, in addition to the dog. The current § 3074F only allows this exception for torment, abuse, or assault of the dog itself. (5) It changes one of the criteria for declaring a dog dangerous to provide that the injury to the human being must be a serious physical injury. (6) It adds the definition of “domestic animal” that appears in § 3071F to § 3041F. (7) Throughout the bill, it changes “person” to “human being” when needed for accuracy and consistency. Senate Substitute No. 1 for Senate Bill No. 269 Act also corrects minor technical errors in Senate Bill No. 269 and makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO DOGS.
HCR 136PassedYearickThis concurrent resolution proclaims the week of May 19-25, 2024, Delaware Grown Week. Ten years ago, the General Assembly first partnered with the Delaware Department of Agriculture to establish this annual observation to facilitate better, healthier relationships between Delaware farmers and local consumers. Delaware Grown Week is celebrated annually, the third full week of May. Successful passage of this resolution will continue this worthy collaboration. PROCLAIMING THE WEEK OF MAY 19TH THROUGH MAY 25, 2024, AS DELAWARE GROWN WEEK.
HCR 137PassedGriffithThis concurrent resolution recognizes May 2024 as "Foster Care Month" in the State of Delaware.RECOGNIZING MAY 2024 AS "FOSTER CARE MONTH" IN THE STATE OF DELAWARE.
HCR 129PassedK. JohnsonThis resolution recognizes the importance and expertise of Direct Support Professionals to the State of Delaware on the occasion of May 21st as “Direct Support Professional” Advocacy Day, co-sponsored by the Ability Network of Delaware A Team Delaware.RECOGNIZING THE HISTORIC SACRIFICES AND ONGOING CONTRIBUTIONS OF DELAWARE’S DIRECT SUPPORT PROFESSIONALS SERVING VULNERABLE ADULTS WITH INTELLECTUAL/DEVELOPMENTAL DISABILITIES.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 20SignedTownsendThe primary purpose of this Act is to remove the requirement that a public school district employee who donates leave to another employee must donate 2 days of leave for the other employee to receive 1 day of leave. Further, this Act repeals Chapter 187 of Volume 81 of the Laws of Delaware ("this law"). Adopted in 2017, this law was designed to provide full-time employees of the State, including employees of school districts, with the ability to donate leave to other employees for use in connection with the birth or adoption of a child under 6 years of age. This law has never taken effect as the law does not take effect until the Office of Management and Budget ("OMB") receives a letter from the Internal Revenue Service ("IRS") stating that the tax treatment of the expansion of the donated leave program contemplated by this law will receive the same tax treatment as Delaware’s current donated leave program. OMB has not requested this letter from the IRS because, based on OMB's research, OMB does not believe this law would receive the same tax treatment by the IRS and because the General Assembly subsequently enacted Chapter 285 of Volume 81 of the Laws of Delaware, which provides 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger for those continuously employed for at least 1 year as full-time employees of this State, including employees of school districts. Sections 1 and 2 of this Act re-enact portions of Chapter 187 of Volume 81 of the Laws of Delaware that would have also applied to the existing donated leave program for catastrophic illness. Specifically these provisions are intended to do the following: (1) Clarify how much leave employees of a public school district who do not accrue annual leave must use before being eligible for donated leave. (2) Clarify the interaction between donated leave and leave available under the federal Family and Medical Leave Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including transferring existing definitions to a central definition section and transferring provisions that are substantive law out of defined terms. This Act is named in honor of Christopher Chujoy, a special education instructional aide in the Red Clay Consolidated School District. Mr. Chujoy was diagnosed in August 2022 with stage IV cancer. Mr. Chujoy used up all of his available sick time before his passing and his situation raised the issue that is the primary purpose of this Act.AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 187 OF VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO DONATED LEAVE.
SB 264SignedParadeeThis Act removes the sunset provision under § 315 of Title 26, relating to the electrical and natural gas utility distribution system improvement charge. By doing so, the Act leaves the current version of § 315 in effect. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.
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.
HA 1 to HB 317PassedLambertThis amendment allows the distributor to chose whether to display the warning either at the point of sale or at the gift card display.  
SCR 168PassedPettyjohnThis Senate Concurrent Resolution designates May 21, 2024, as "Wastewater Management and Drinking Water Management Professionals Day" in the State of Delaware.DESIGNATING MAY 21, 2024, AS “WASTEWATER MANAGEMENT AND DRINKING WATER MANAGEMENT PROFESSIONALS' DAY” IN THE STATE OF DELAWARE.
SCR 169PassedHuxtableThis resolution recognizes May 22, 2024, as National Maritime Day in the State of Delaware.RECOGNIZING MAY 22, 2024 AS NATIONAL MARITIME DAY.

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Education
Environment, Energy & Transportation
Judiciary
Labor

House Committee Assignments

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

Senate Committee Report

Committee
Environment, Energy & Transportation
Finance
Legislative Oversight & Sunset

House Committee Report

Committee
Agriculture
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