Daily Report for 6/11/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 167PassedSokolaThis Act creates the Study Group to Review and Recommend Compensatory Payments for Certain Tax-Exempt Properties Owned by the State to review and evaluate § 8318 of Title 29 and make recommendations regarding the eligibility criteria that should be used to determine which municipalities to receive compensatory payments for tax-exempt property owned by this State ("compensatory payments"), the amount that should be appropriated for compensatory payments, the formulas used to calculate compensatory payments, and how to periodically review this appropriation, eligibility criteria, and formulas no less than every 10 years.ESTABLISHING A STUDY GROUP TO REVIEW AND RECOMMEND COMPENSATORY PAYMENTS FOR CERTAIN TAX-EXEMPT PROPERTIES OWNED BY THE STATE.
HS 1 for HB 247 w/ SA 1PassedOsienskiThere were 139 traffic fatalities in Delaware in 2021, the highest number of traffic fatalities since 2006. Senate Concurrent Resolution 94 of the 151st Delaware General Assembly set a goal of no more than 100 traffic fatalities per year and tasked state agencies to meet that goal by 2025. Instead of moving towards meeting the General Assembly’s goal, however, traffic fatalities increased to 165 in 2022, deepening the crisis on Delaware’s roads. To reverse this situation, the “Everyone Gets Home Act” makes changes to the Delaware Code to sharpen the Department of Transportation’s focus on the three most common types of fatal crashes: intersection (including driveway); roadway departure; and mid-block pedestrian. This Act clarifies the Department’s authority to designate controlled-access facilities as a safety countermeasure for both intersection and midblock pedestrian crashes and, when the facility designation has received the consent of county government, requires counties to use their own authority to assist the Department in consolidating vehicle entrances and exits to and from the facility. In addition, this Act authorizes the Department to designate roadways as low-speed streets and low-speed local roads in order to address fatal roadway departure crashes related to vehicle speed, and permits counties to request such designations to meet their own traffic safety goals. Finally, this Act expands the Department’s discretion to deploy new traffic-control devices in order to reduce fatal crashes. This Substitute Bill differs from HB 247 in that it does the following: (1) Clarifies that designated low-speed local streets and roads must be designed and operated with a Safe System Approach, as adopted by the United States Department of Transportation. (2) Includes “implementing corridor access management” as a safety countermeasure on designated low-speed local streets or roads. (3) Requires the Department to receive approval from the local law-enforcement agency with jurisdiction over a road before the Department designates such road a low-speed local street or road pursuant to a county or municipal government request. (4) Clarifies that the Department has discretion to adopt various standards for traffic-control devices or applications, even if they are different from uniform state standards, so long as they reduce fatal or serious injuries or are in accordance with a Safe System Approach. (5) Authorizes the Department to acquire property rights along highways to consolidate commercial entrances or to create new commercial interconnections when the Department determines such consolidation or interconnection would likely improve safety. (6) Removes Section 1 from the bill, which required counties to withhold permits for buildings abutting a controlled-access facility if necessary to obtain consent for vehicle access to and from adjacent properties. (7) Removes language that defined “full” and “partial” controlled-access facilities, and removes these terms from the rest of the bill. (8) Removes Section 7 of the bill that authorized the Department to designate and establish partial or full controlled-access facilities in any unincorporated area where there is a high incidence of fatal crashes related to the presence of highway entrances or exits. (9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLES 9 AND 17 OF THE DELAWARE CODE RELATING TO TRAFFIC SAFETY.
SCR 178PassedBucksonThis Senate Concurrent Resolution designates October 21-27, 2024, as "Free Speech Week" in the State of Delaware.DESIGNATING OCTOBER 21-27, 2024, AS "FREE SPEECH WEEK" IN THE STATE OF DELAWARE.
SCR 179PassedHuxtableThis resolution designates June 12, 2024, as “Loving Day” in the State of Delaware and reaffirms a commitment to the principles of equality, freedom, and justice for all. “Loving Day” contributes to building a society that values and respects the fundamental human rights of all individuals, regardless of their race or ethnicity. DESIGNATING JUNE 12, 2024, AS “LOVING DAY” IN THE STATE OF DELAWARE.
SB 322CommitteeS. McBrideThis Act updates the Grace Firestone Act to strengthen regulations for member schools regarding sudden cardiac arrest. The Act requires member schools to develop an athletic emergency action plan and have an automated external defibrillator (“AED”) less than 3 minutes from any venue where practices and competitions are held. It further requires all coaches, physical education teachers, referees, health teachers and at least one staff member delivering student behavioral health services or at least one school administrator per school to be trained in cardiopulmonary resuscitation and trained in the use of an automated external defibrillator. The Act requires regular maintenance checks of AED equipment to follow the manufacturer’s guidelines for routine checks. The Act mandates all member schools to establish a cardiac emergency response plan and provide Stop the Bleed training to staff once every year. The Act requires the Department of Education and the Office of Emergency Medical Services to develop a survey that member schools must complete every two years to ensure compliance with these regulations. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ATHLETES.
SB 323CommitteeWilsonThis Act removes prohibitions in Title 11 of the Delaware code regarding owning or possessing certain types of folding knives that may be opened with one hand. So-called "switch blade knives", which are more appropriately called automatic knives, allow for easy deployment often by depressing a button. Such cutting implements are lawfully used as tools by many working in the trades, and are also popular amongst outdoor, hunting, and camping enthusiasts. Currently, despite common and myriad lawful purposes, such knives are treated as deadly weapons in Delaware and therefore subject otherwise law-abiding Delawareans engaging in law-abiding activities to criminal prosecution in the justice system. Removing the prohibitions would permit individuals to lawfully use such tools but would still subject them to prosecution for deadly weapons related offenses where an individual uses such an automatic knife in the course of an attack or assault aimed at causing death or serious injury. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO KNIVES
HA 1 to HB 427PWBMorrisonThis amendment eliminates sentencing enhancements that the Act would otherwise have added for those convicted of home improvement fraud who are found not to have complied with the home improvement protections set forth in Chapter 36 of Title 6. 
SCR 180PassedWalshThis Resolution designates October 6, 2024 as a day of Honor for the Marquis de Lafayette in Delaware.DESIGNATING OCTOBER 6, 2024, AS A DAY OF HONOR FOR THE MARQUIS DE LAFAYETTE IN DELAWARE.
HA 3 to HS 1 for HB 203PWBHilovskyThis amendment makes technical corrections and clarifies that the financial literacy course credits are to be applied towards math, social studies, or career pathways credits, but are not required for graduation. Also, this course will begin for students entering grade 9 in the 2026-2027 school year. Additionally, a 1-semester waiver to delay implementation may be granted by the Department of Education. 
SB 324CommitteeWalshThis Act amends provisions in Title 19 and Title 29 of the Delaware Code relating to the Department of Labor’s enforcement procedures and wage and hour enforcement. First, the Act amends Chapter 1 to modernize provisions relating to the Department’s inspections and handling of witnesses and evidence. The changes intend to align the Code with relevant case law and commonly accepted inspection practices. Second, the Act requires the Department to promulgate regulations to establish administrative procedures for civil enforcement actions under several Chapters, including Chapter 5 (Child Labor), Chapter 9 (Minimum Wage), Chapter 11 (Wage Payment and Collection Act), Chapter 35 (Workplace Fraud), and Chapter 36 (Contractor Registration), to have consistency throughout Department proceedings. Third, the Act corrects an issue identified within Chapter 11 when SS 1 for SB 35 of the 151st General Assembly was enacted, which inadvertently created a conflict between civil enforcement procedures and fines for violations within the same Chapter. Fourth, the Act increases certain civil penalties in Title 19 and Title 29. Finally, the Act removes a loophole in which employers who retaliated against employees by terminating an employee avoided penalty because the individual was no longer employed as a result of the retaliation and thus not an employee. It also updates the penalties to bring them in line with other similar statutes. AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES AND WAGE AND HOUR ENFORCEMENT.
SB 328CommitteeBucksonThis Act directs DIAA to separate all public and private school team championship sanctioned event.AN ACT TO DIRECT DIAA TO SEPARATE ALL PUBLIC AND PRIVATE SCHOOL TEAM CHAMPIONSHIP SANCTIONED EVENTS.
SS 1 for SB 180Out of CommitteeGayThis Act is a substitute for Senate Bill No. 180. Like Senate Bill No. 180, this Act is the first leg of an amendment to the Delaware Constitution that does all of the following: (1) Under Section 1 of this Act, limits the loss of the right to vote of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first. (2) Brings Section 1 of this Act into conformity with the United States Constitution and federal law. Like in Section 1 of Senate Bill No. 180, Section 1 of this Act specifically does all of the following: (1) Removes the ability of the General Assembly to impose the forfeiture of the right of suffrage as a punishment for a crime. (2) Removes the list of felonies resulting in permanent removal of the right to vote. (3) Prohibits making the re-enfranchisement of an individual who is convicted of a felony contingent on the payment of a monetary payment of any kind. (4) Makes a conforming change based on proposed changes in Section 2 of this Act. (5) Updates the age at which a resident of this State is granted a right to vote to be 18 years or older, to conform the Delaware Constitution to the 26th Amendment to the United States Constitution. (6) Removes the durational residency requirements necessary to qualify to vote in this State. Durational residency requirements have been found unconstitutional because these requirements infringe on both the constitutional right to vote and the constitutional right to travel. See Dunn v. Blumstein, 92 S. Ct. 995 (1972) (finding 1-year residency requirement in a state and 3-month residency requirement in a county unconstitutional) and Marston v. Lewis, 93 S. Ct. 1211 (1973). A voter will still be required to be a resident at the time the voter registers. (7) Removes the literacy test requirement to qualify to vote in this State. Literacy tests have been used to disqualify Blacks and individuals who are immigrants or poor. Because of the discriminatory use of, and often subjective nature of, literacy tests, literacy tests are prohibited under federal law, see 52 U.S.C. § 10501, and likely unconstitutional under the 14th or 15th Amendment to the United States Constitution, see Oregon v. Mitchell, 91 S. Ct. 260 (1970). (8) Makes a technical correction to remove an unnecessary comma. Like in Section 2 of Senate Bill No. 180, Section 2 of this Act removes the suspension of the right to vote as a punishment for violation of certain election offenses. This Act differs from Senate Bill No. 180 by removing “work release” from the list of criminal sentences not included in the definition of “imprisonment” for purposes of Section 1 of this Act. 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 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.AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 87 w/ HA 1 + SA 2PassedCarsonThis Act establishes the Delaware Agricultural Production Assistance Program. The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre. The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers. The Department would administer the Program. The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO A DELAWARE AGRICULTURAL PRODUCTION INSURANCE ASSISTANCE PROGRAM.
HB 127 w/ HA 1, HA 2PassedBaumbachThis Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO COUNTY FIRE PROTECTION FEES.
HB 263 w/ HA 1PassedDorsey WalkerThis Act prohibits local education agencies and charter schools from prohibiting a student from participating in a school sponsored extracurricular activity on the basis the student has an outstanding debt for unpaid school meals.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MEAL DEBT RESTRICTIONS ON STUDENT PARTICIPATION IN EXTRACURRICULAR ACTIVITIES.
SB 215 w/ SA 1, SA 2Out of CommitteeMantzavinosThis Act requires the Department of Health and Social Services to inspect long-term care facilities on an annual basis.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STATE INSPECTIONS OF LONG-TERM CARE FACILITIES.
HB 24 w/ HA 1SignedLonghurstThis Act creates a new charitable donation option on the Delaware income tax return. It allows taxpayers to direct a donation to the SL24: Unlocke the Light Foundation out of their state tax refund or in addition to the payment of owed tax. The Foundation works to educate the community to end the stigma, myths, and barriers surrounding mental health and to encourage productive conversations regarding mental health and wellness; provide uninsured and underinsured young people the means to get the critical and ongoing health services they need through the SL24 Mental Health Scholarship program; and provide access to trained Peer24 Team Members, Support Groups, and safe spaces like Sean’s House and Sean’s Rooms; The Act also removes the statutory limitation on the number of charitable funds that may be included on the income tax return. AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO CHARITABLE DONATIONS AND INCOME TAX RETURNS.
SB 256 w/ SA 1PassedGayThis Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states. This Act also strikes outdated language in the Consumer Fraud Act requiring cases to be filed in specific counties, as the Superior Court and the Court of Chancery have both eliminated their historical county filing requirement. Additionally, this Act fixes inconsistencies with the Summary Cease and Desist Order process, by clarifying that an alleged violator must request a hearing in order to trigger the Division of Consumer Protection’s obligation to hold a hearing. This Act further clarifies the Summary Cease and Desist Order process, such as by making explicit the alleged violator’s right to postpone a hearing and final order, changing the various 10 day requirements to 15 business days, and removing the requirement for a complaint to accompany the original summary cease and desist order.AN ACT TO AMEND TITLES 6 AND 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.
SA 1 to SB 215PassedMantzavinosThis amendment changes the effective date provision in Section 2 of the Bill to make the Act effective 90 days after its enactment into law. 
SA 2 to SB 215PassedMantzavinosThis amendment changes the inspection requirements for long-term care facilities in Senate Bill 215 to mirror the inspection requirements in federal regulations. 
SB 298 w/ SA 1PassedMantzavinosThis Act amends the Charter of the Town of Newport in the following ways: Section 1 of the Act amends Article III of the Charter pertaining to the Mayor and Commissioners. It provides that the Mayor and Commissioners may discuss matters pertaining to the appointment of Town administrative officers or employees with the Town Manager in Executive Session. In addition, the Charter currently provides that the Mayor and Commissioners may deal with Town officers and employees directly for the purposes of inquiries and investigations; Section 1 eliminates this exception and requires the Mayor and Commissioners to deal with such officers and employees through the Town Manager for all purposes. Section 1 also modifies the criteria for which a Mayor or Commissioner forfeits office based on attendance of meetings: while currently the Charter provides that a Mayor or Commissioner forfeits office for failure to attend 3 successive monthly meetings or 4 regular meetings in a 12-month period, Section 1 provides only that failure to attend 4 regular meetings in a 12-month period will result in forfeiture. Finally, Section 1 eliminates the requirement for the Mayor and Commissioners to meet in July and August. Section 2 of the Act amends Article IV of the Charter pertaining to assessment of property and taxes. It streamlines the procedures for how the Town may use property assessments performed by New Castle County. Section 3 of the Act amends Article VI of the Charter pertaining to finances and indebtedness. It eliminates certain requirements for a capital improvement plan submitted by the Town Manager to the Commissioners. Section 4 of the Act amends Article VI of the Charter pertaining to Town Appointive Offices. It eliminates certain actions required to be taken by the Mayor in the event that the Town chooses not to use property assessments performed by the county. In addition, Section 4 provides that the Town Manager, rather than the Mayor, may appoint a Town Building Inspector, and eliminates the separate position of "Town Plumbing Inspector." Section 5 of the Act amends Article VIII of the Charter pertaining to Election rules and Procedure. It provides that the Town Clerk or Town Manager must give notice of any election or referendum. Section 5 also requires a criminal background check of all candidates seeking election as Commissioner, at the candidates' expense; a successful candidate may be reimbursed for the cost of the background check up to $75. Finally, Section 5 provides that the Town will use the State's voter registration rolls and eliminates any provision for absentee voting. Section 6 of the Act amends Article IX of the Charter pertaining to the Town Manager. Consistent with the changes made in Section 3 of the Act, Section 6 eliminates the requirement that the Town Manager submit a capital plan to the Commissioners. Section 7 of the Act amends Article X of the Charter pertaining to Town Administration. It provides that the Chief of Police, rather than the Commissioners, will have the power to implement policies for governing the Police Department. Section 7 also provides that the Police Department will have statewide police arrest and enforcement powers equivalent to those held by a member of the Delaware State Police, subject to certain terms. In addition, Section 7 removes the provisions for a Town Board of Health. Section 8 of the Act amends Article XI of the Charter pertaining to Planning. It removes the provisions for a Town Planning Commission and provides that the Commissioners must adopt a comprehensive development plan at least every 10 years. Section 9 of the Act amends Article XII of the Charter pertaining to General Provisions and, specifically, to Charter Amendments. It eliminates the requirement for a Town referendum on amendments to the Charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF NEWPORT.
SB 302PassedWilsonThis Act allows a licensed brewery-pub located within the premises of a public golf courses to apply to the Commissioner for a license to sell alcoholic beverages to patrons of the golf course if the brewery-pub and public golf course share common ownership.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO BREWERY-PUBS.
SB 305 w/ SA 1PassedSturgeonThis Act streamlines and modernizes the State Early Childhood Education Program in § 3001 of Title 14, also referred to as State-funded early care and education, as follows: (1) Adds definitions. (2) Provides the Department of Education (Department) with a general grant of authority to provide early childhood educational services. (3) Subject to available appropriations, § 3001(c) of this Act requires the Department to provide free, full-day early childhood educational services for preschool-age children who satisfy eligibility requirements developed by the Department. This provision incorporates elements of epilogue language from the FY 2024 Annual Appropriation Act regarding the Redding Consortium and the Early Childhood Assistance Program (ECAP). (4) Allows for common standards and processes across programs. (5) Requires the early childhood educational services under § 3001(c) to align with quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration. (6) Aligns the length of contracts with the Head Start program, while clarifying that contracts under this section must comply with State procurement standards under Chapter 69 of Title 29. (7) Updates the Code to reflect that the Department uses a quality improvement system instead of Delaware Stars for Early Success. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and for clarity. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.
SB 306 w/ SA 1, SA 2PassedPooreThis Act makes technical changes and updates to the Delaware workplace safety program. Under current law, qualifying employers who pay $3,161 or more in annual workers' compensation premiums may be eligible for lower insurance premiums under the workplace safety program. The Act changes that criteria to employers who currently qualify for the uniform experience rating plan as approved by the Insurance Commissioner or who otherwise qualify for the program pursuant to parameters set by the Insurance Commissioner by regulation. In addition, the Act provides that in determining safety credits for a qualified employer that was not experience-rated in the policy period expiring immediately prior to application of the safety credit, the formula for calculating safety credits will incorporate amounts determined by the Insurance Commissioner by regulation.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKPLACE SAFETY PROGRAM.
SB 308PassedGayThis Act adopts the Uniform Special Deposits Act (“the Act”) authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2023 and has been adopted in 2 states and introduced in 3 other states. The Act addresses deposits at a bank where the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time that the deposit is created. An example of such an account is an escrow account holding funds that will be paid to one of two potential beneficiaries depending on the outcome of a contingency. Although such accounts are commonly used, the legal protections afforded them are uncertain. The fundamental purpose of the Uniform Special Deposits Act is to provide a vehicle that banks and their customers can elect to use providing greater legal certainty that the expectations of users will be respected. The Act provides a mechanism those that elect to be covered by the Act can use to avoid case law applied to special deposits that is murky and in some ways outdated in the context of modern banking. In determining whether a person is engaged in the business of banking to be considered a bank for purposes of the Act, the business of banking is intended to be construed broadly to include persons that may engage in limited functions that are part of or incidental to the business of banking, such as a trust company that engages in fiduciary and agency activities and has the power and authority to accept a special deposit. This Act takes effect on January 1, 2025.AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE UNIFORM SPECIAL DEPOSITS ACT.
SA 1 to SB 306PassedPooreThis Amendment clarifies that the Delaware Department of Insurance is the entity that will review workplace safety inspection procedures submitted by insurance carriers issuing workers compensation insurance in Delaware. In addition, the Amendment clarifies that in order to remain in the workplace safety program, an employer must apply for the workplace safety program each year.  
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 254PassedBrownThis Act creates the Delaware Grocery Initiative. The Delaware Grocery Initiative is a healthy foods initiative that seeks to provide financial assistance to eligible food resources as designated by the bill. The Act defines food deserts and eligibility requirements for the initiative. The Act authorizes the Division of Small Business to implement the grant and financial support system. This substitute bill does the following: 1. Adds the following terms in the definition section of the Act: Council, food resource, Healthy Foods Retail Initiative, Program, and specialty grocer. 2. Modifies the definition of food desert. 3. Removes terms of grocery store, rural tract, and urban tract in lieu of the new definitions of food resource and food desert. 4. Designates the Division of Small Business, instead of the Office of State Planning, as theagency authorized to implement the Delaware Grocery Initiative and authorizes the Division of Small Business to adopt rules. 5. Replaces the grocery and food desert study with a food access strategy. 6. Subject to appropriation, creates a food access strategy to address food insecurity and requires submission of a report to the General Assembly and the Governor by June 1, 2025.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FOOD DESERTS.
SA 1 to SB 305PassedSturgeonTo provide flexibility for the Department of Education (Department) to expand access to free, high quality early childhood educational services, this Amendment removes the requirement that the Department provide early childhood educational services that are full day in favor of allowing the Department to identify priorities for which programs to provide, including the consideration of the number of hours per day a program offers.  
SA 1 to SB 298PassedMantzavinosThis Amendment deletes changes to the charter contained in Senate Bill 298 concerning absentee voting. The effect of this Amendment is that the charter's current language regarding absentee voting, which provides that the Commissioners may prescribe, by ordinance, for absentee registration and for the casting of absentee ballots, remains intact.  
SA 2 to SB 306PassedPooreThis amendment adds an effective date of 6 months after enactment into law. 
HCR 145PassedLonghurstThis Concurrent Resolution commends the 2024 Delaware Behavioral Health Professional of the Year, Shannon Gronau, and all of the District/Charter Network Behavioral Health Professionals of the Year.THIS CONCURRENT RESOLUTION COMMENDS THE 2024 DELAWARE BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR, SHANNON GRONAU, AND ALL OF THE DISTRICT/CHARTER NETWORK BEHAVIORAL HEALTH PROFESSIONALS OF THE YEAR.
HCR 147PassedHeffernanThis House Concurrent Resolution honors the Brandywine High School All-Women STEM Team of Olivia Erskine, Katherine McDerby, Isabella Chermak and Malti John for Their Innovative Redesign of Board Games to Enhance Accessibility for Special Education StudentsHONORING THE BRANDYWINE HIGH SCHOOL ALL-WOMEN STEM TEAM OF OLIVIA ERSKINE, KATHERINE MCDERBY, ISABELLA CHERMAK, AND MALTI JOHN FOR THEIR INNOVATIVE REDESIGN OF BOARD GAMES TO ENHANCE ACCESSIBILITY FOR SPECIAL EDUCATION STUDENTS.
SA 1 to SB 256PassedGayThis Amendment clarifies the Summary Cease and Desist Order process by requiring that, when the Director of the Division of Consumer Protection, or the Director's designee, issues a cease and desist order pursuant to § 2525(c) of Title 29, the order must include findings of fact and conclusions of law sufficient to put the respondent on notice of the reasons for issuance of the order. Finally, the Amendment makes technical changes to SB 256 to conform to the Legislative Drafting Manual.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 9PassedGriffithThis Amendment requires OMB to submit an implementation report relating to the procurement of zero-emission vehicles every 3 years. It also requires a report detailing recommendations to further lower carbon emissions in the statewide fleet by January 31, 2035. Finally, this Amendment exempts emergency vehicles from the zero-emission vehicle requirements of HB 9.  
SB 187PassedSturgeonThis Act ensures that educators hired after the effective date of this Act, who earned graduate degrees prior to becoming educators, receive credit on the salary schedule for those degrees regardless of the specific subject area of those degrees. Once an individual is employed as an educator, in order to receive credit for any graduate degrees earned after that time, such degree must be in the subject area in which the educator is employed.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SB 260PassedPooreThis Act is a result of the work of the Delaware Interscholastic Athletic Association ("DIAA") Task Force. The current process for promulgating DIAA-related regulations grants the regulatory authority to the Department of Education ("Department") which is, in turn, required to delegate its authority to the DIAA. The current process also requires steps in addition to the regulatory process already required under the Administrative Procedures Act, Chapter 101 of Title 29. The additional process encumbers the DIAA's ability to make changes to regulations with the speed and flexibility often needed in the regulation of interscholastic athletics. Language in Section 1 of this Act, in the second half of § 122(b)(15), Title 14, starting with "The Department shall not approve any rule or regulation that denies a student the right..." is removed from that paragraph. However, the language remains in Section 2 of this Act, in the already-existing § 303(b)(2), Title 14. This Act removes the requirements that the Secretary of the Department propose DIAA-related regulations and the State Board of Education approve the proposed regulations. It also removes the requirement that DIAA and Department collaborate to develop regulations. This Act grants directly to the DIAA the authority to promulgate regulations.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
SB 259PassedPooreThis Act is a result of the Delaware Interscholastic Association ("DIAA") Task Force. Based on the findings of the task force, this Act updates and modernizes the DIAA Board of Directors' composition. This Act also makes technical corrections that conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
SB 280PassedPooreThis Act is a result of the Delaware Interscholastic Athletic Association ("DIAA") Task Force. Based on the findings of the task force, this Act updates the DIAA's Executive Director from an education associate level position in the Department of Education to a director level position in the Department.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
SB 281PassedPooreThis Act is a result of the work of the Delaware Interscholastic Athletic Association (“DIAA”) Task Force (“Task Force”). The 152nd Delaware General Assembly passed Senate Concurrent Resolution 19 establishing the Task Force to study and make findings and recommendations to best address the needs of student athletes and ensure DIAA’s effective and efficient functioning. The Task Force met over 8 months to discuss the most pressing issues facing DIAA. This Act addresses one of the identified issues: the waiver process when a student transfers from one school to another and wishes to play interscholastic athletics. Under current regulations, a student who transfers schools and wishes to participate in sports must complete a period of ineligibility unless the student meets certain conditions or qualifies for an exception. In order to meet the conditions or exception or otherwise request a waiver of ineligibility, the student must go through a waiver process. The student applies for a waiver, DIAA’s Executive Director makes an interim decision on the waiver, and the DIAA Board of Directors (“Board”) ratifies or rejects the Executive Director’s interim decision. If the Board has any questions about any part of the waiver application or interim decision, they reject the interim decision and schedule a hearing for the student to testify to answer the additional questions. By the time the Board issues a final decision on the waiver, the student has lost time to play sports and the Board has spend a great deal of its meeting time on the hearing, including going into executive session to maintain a student’s privacy. Among other matters relating to the waiver process, the Task Force discussed the amount of time that the waiver process takes, both from the students’ and Task Force’s perspective, and how to make the process more efficient and more equitable for the students. The Task Force concluded that moving the waiver process out of regulations and into the Delaware Code is the most efficient way to streamline the process, thereby benefitting student athletes and allowing the Board more time to focus on its other work. This Act is a combination of existing regulations, regulations that the Board proposed but were not enacted during the 8 months that the Task Force met, and the Task Force’s discussions on how to best improve the waiver process. Under this Act, the Executive Director makes the final decision on a waiver, subject to an appeal of a 3-member panel comprised of Board members. Shifting the final decision-making to the Executive Director removes duplicative steps, and specifying deadlines are to ensure as speedy a conclusion as possible. The Executive Director must issue their decision within 15 days of receiving a waiver, and a student may appeal the decision to the appeals panel within 15 days of receiving the decision. The appeals panel must issue its decision within 30 days of receiving an appeal. The appeals panel may not hold a hearing on an appeal or otherwise ask questions of a student who seeks an appeal; the panel must make its decision based on the documentation that the Executive Director used to make their decision. This Act organizes the process into the following categories: - Immediate eligibility applies to circumstances under which a student is immediately eligible to participate in sports at the school into which the student transfers (“receiving school”). A waiver is not required for immediate eligibility. Immediate eligibility applies if the student has not previously played the sport the student seeks to play at the receiving school, if the student has been placed in the custody of the Department of Services for Children, Youth and their Families, or it is the student’s first transfer and the student did not play the sport during the 180 days prior to transferring. The receiving school of a student who qualifies for immediate eligibility must initiate the completion of a tracking form, to document the transfer and reason for immediate eligibility. - Periods of ineligibility apply to a student’s subsequent transfer. A student is subject to a period of ineligibility of 30 days or ½ of the maximum number of contests, whichever is less. A student may seek a waiver of the period of ineligibility. - Exceptions to periods of ineligibility are provided in this Act. A student who meets an exception is not required to seek a waiver, but must provide documentation relevant to the exception. Seven types of exceptions are available, including transferring schools due to homelessness, court action, or a change in the student’s residence due to military assignment. Each exception has its own requirements. - Defining the waiver process, including deadlines, required documentation, and the factors required for granting a waiver. To approve a waiver, the Executive Director must consider the 4 factors under § 315(a), Title 14. The 4 factors do not include “hardship,” which has been a factor under the current regulations. The Task Force discussed that the hardship factor was too often an unreasonably difficult standard for a student to meet, resulting in a large percentage of the waivers sought and failing to meet the purpose of the ineligibility and waiver process, which is to discourage transfers for athletic reasons, multiple transfers, or transfers after a sports season has begun. The remaining 4 factor do meet this purpose. 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 THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
HA 1 to HB 298PassedSpiegelmanThis Amendment removes language that limits the immunity against civil liability afforded to members of the Vulnerable Adult Populations Commission and any person who provides information, data, testimony, a report, or a record to the Commission.  
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". 
SCR 176PassedLawsonThis Senate Concurrent Resolution congratulates the class 2023 Eagle Scouts for having attained the highest rank one can earn in the Boy Scouts of America.CONGRATULATING THE CLASS OF 2023 EAGLE SCOUTS FOR HAVING ATTAINED THE HIGHEST RANK ONE CAN EARN IN THE BOY SCOUTS OF AMERICA.
SCR 121PassedPooreThis Senate Concurrent Resolution designates the month of June 2024, as "Eating Disorders Awareness and Prevention Month" in Delaware and encourages the Department of Health and Social Services to research methods to raise awareness of, prevent, and treat eating disorders.DESIGNATING THE MONTH OF JUNE 2024, AS "EATING DISORDERS AWARENESS AND PREVENTION MONTH" IN DELAWARE.
HA 1 to HB 280PassedK. WilliamsThis amendment makes a change to the data reporting section to require differentiation between cases where forfeiture is ordered after a petition for return of property is filed, as opposed to a forfeiture ordered where no opposition is filed. 
HA 1 to HB 404PassedSchwartzkopfThis Amendment expands the goals of the Lyme disease intervention fund established in House Bill No. 404 to include reducing the prevalence of other tick-borne illnesses and the animals known to carry other tick-borne illnesses. 

Senate Committee Assignments

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

House Committee Assignments

Committee
Administration
Health & Human Development

Senate Committee Report

Committee
Finance
Judiciary

House Committee Report

Committee
Agriculture
Economic Development/Banking/Insurance & Commerce
Labor
Natural Resources & Energy
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records