Legislative Recap: Week of April 11th
By David Rugg
The Delaware General Assembly met on April 12 -14, 2022 to discuss and vote on legislation intended to impact and improve the lives of all Delawareans. Lawmakers passed 29 bills and 19 resolutions. This legislation addressed changes/corrections to the Delaware Code and government operations, and highlighted specific issues/causes. Their important work included:
House Bill 259 with House Amendment 1, sponsored by Representative Lambert, requires Delaware to use the Wireless Emergency Alert (“WEA”) system to notify the public of emergency alerts and requires that the emergency alert system be used when a catastrophic release (extremely hazardous substance) occurs. A catastrophic release is a major uncontrolled emission, fire, or explosion that presents an imminent and substantial endangerment to public health. (Passed the Senate 21 Yes, 0 No and passed the House 41 Yes, 0 No)
Senate Substitute 1 for Senate Bill 187, sponsored by Senator McBride, makes it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gasses to curtail global warming. (Passed the Senate 16 Yes, 5 No and rescinded in the House 23 Yes, 16 No, 2 Absent) (Reconsidered in the House 38 Yes, 2 No, 1 absent and passed the Senate 14 Yes, 7 No)
Senate Substitute 2 for Senate Bill 1 with House Amendment 1, sponsored by Senator McBride, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks (with some restrictions to 6 weeks) of paid family and medical leave through the State’s paid-leave trust fund for a qualifying event, including for the following: (1) To address a worker’s own serious health condition. (2) To care for a family member with a serious health condition. (3) To bond and care for a new child. (4) To address the impact of a family member’s military deployment. Senate Substitute 2 makes technical corrections, clarifying intent and providing greater statutory detail with regard to appeals, coordination of benefits, definitions, private plans, and departmental powers, and providing temporary flexibility regarding implementation. (Passed the Senate 14 Yes, 7 No and passed the House 29 Yes, 11 No, 1 absent) (Passed the Senate a second time with HA1 14Yes, 7 No)
House Bill 360 with House Amendment 1, sponsored by Senator Longhurst, creates a “relief rebate” which is a one-time direct payment of $300 per Delaware resident taxpayer (and other non-taxpayers). (Passed the Senate 21 Yes, 0 No, and passed the House 35 Yes, 3 No, 3 absent)
Additional Legislation
CRIMINAL JUSTICE
House Bill 328 with House Amendment 1, sponsored by Representative Kimberly Williams, makes several adjustments to the law prohibiting drag racing and other speed contests. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House 41 Yes, 0 No)
House Bill 359, sponsored by Representative Kimberly Williams, adds victims of human trafficking to the Address Confidentiality Act. Under this program, certain crime victims are provided a substitute address by the Department of Justice so as to protect the participant’s actual address from public disclosure. (Passed the House 39 Yes, 0 No, 2 absent)
DISABILITY
House Bill 363, sponsored by Representative Dorsey-Walker, is a result of the Joint Legislative Oversight and Sunset Committee's (JLOSC) review of Adult Protective Services (APS). In the process of the review, and with APS's agreement, JLOSC recommended eliminating the Adult Protective Services Advisory Council and absorbing that council's role into the Council on Services for Aging and Adults with Physical Disabilities. (Passed the House 41 Yes, 0 No)
ECONOMICS
Senate Bill 189, with Senate Amendment 1, sponsored by Senator Ennis, increases the amount of the tax credit for active members of volunteer fire, ambulance and rescue service companies and their auxiliaries from $500 to $1,000. (Passed the Senate 21 Yes, 0 No, and passed the House 39 Yes, 0 No, 2 absent)
EDUCATION
Senate Bill 26 with Senate Amendment 1, sponsored by Senator Sokola, requires that meetings of the Board of Trustees for the University of Delaware, Delaware State University, and Delaware Technical and Community College must be livestreamed using technology that permits the public to hear all participants contemporaneously. This Act also requires that recordings of the livestreamed meetings must be maintained on a public website. (Passed the Senate 20 Yes, 0 No, 1 absent)
House Substitute 1 for House Bill 204, sponsored by Representative Kimberly Williams, removes the exemption for private schools and youth camps that allows them to use a name, rather than fingerprint-based background check or to choose not to do background checks at all for employees, contractors, or volunteers. (Passed the House 41 Yes, 0 No)
House Bill 270, sponsored by Representative Kimberly Williams, aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Bill gives priority to siblings of students who live in the reorganized school district where the school is located and to siblings of students who do not live in the reorganized school district where the school is located. The Act also updates what constitutes "good cause" to include change of residence or child's participation in an inpatient or day treatment program. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House 41 Yes, 0 No)
ENVIRONMENT
Senate Bill 190, sponsored by Senator Sokola, merges the work of the Council on Greenways and Trails with the Parks Advisory Council to formally join their efforts. The two councils already collaborate on the Outdoor Recreation Parks and Trails grant program. This bill expands the Parks Advisory Council and adds trails and greenways as a background sought for some parks council members, and also adds representatives from the General Assembly which the Council on Greenways and Trails has had but the Parks Advisory Council does not currently have. (Passed the Senate 21 Yes, 0 No, and passed the House 39 Yes, 0 No, 2 absent)
GOVERNMENT OPERATIONS
Senate Bill 246, sponsored by Senator Mantsavinos, amends earlier-enacted provisions in the Delaware Insurance Code and Administrative Procedures Act related to public inspection of State agency documents to incorporate by reference the requirements of the later-enacted Freedom of Information Act statute. (Passed the Senate 21 Yes, 0 No, and passed the House 39 Yes, 0 No, 2 absent)
House Bill 307, sponsored by Representative Gray, amends the Town of South Bethany Charter to provide the correct citation to charter provisions relating to residency. Additionally, the Council organizational meeting will be within 30 days after the election of members instead of being the first Saturday after the elections. (Passed the Senate 21 Yes, 0 No, and passed the House 39 Yes, 0 No, 2 absent)
House Bill 355 with House Amendment 1 and House Amendment 2, sponsored by Representative Longhurst, fortifies the Declaration of Purpose for the Fort DuPont Complex. (Passed the House 36 Yes, 3 No, 1 not voting, 1 absent)
House Bill 357, sponsored by Representative Dorsey Walker, is a result of the Joint Legislative Oversight and Sunset Committee's review of the Technology Investment Council (TIC). This Act updates TIC's statute to further streamline operations and prevent redundancies. (Passed the House 41 Yes, 0 No)
HEALTH AND SOCIAL REFORM
House Bill 316, sponsored by Representative Griffith, makes a number of changes to the operation of the Domestic Violence Coordinating Council. (Passed the Senate 21 Yes, 0 No and passed the House 40 Yes, 0 No, 1 absent)
HEALTH CARE CAPACITY
Senate Bill 247 with Senate Amendment 1, sponsored by Senator Gay, would allow Delaware to join the Interstate Occupational Therapy Licensure Compact (OT Compact). The OT Compact is an interstate compact, or a formal agreement among states, to facilitate the interstate practice of occupational therapy. Under the OT Compact, Occupational Therapists (OTs) and Occupational Therapy Assistants (OTAs) who are licensed and in good standing in a Compact member state may practice in other Compact member states via a “compact privilege,” which is equivalent to a license. (Passed the Senate 20 Yes, 0 No, 1 absent)
Senate Bill 255, sponsored by Senator Pinkney, allows the Department of Services for Children, Youth & Their Families, Division of Family Services Director or Deputy Director to sign the request for voluntary admission to a psychiatric treatment facility for a youth in foster care. In the case of a youth in foster care whose parent or guardian’s legal parental rights have not been terminated, the Division of Family Services works collaboratively with the youth’s parent to get consent on medical treatment and decisions. This bill would enable youth experiencing foster care to access psychiatric treatment voluntarily when their parent or legal guardian is not available to consent to the treatment on their behalf. (Passed the Senate 21 Yes, 0 No)
HOUSING
Senate Bill 90, with Senate Amendment 1, sponsored by Senator Lockman, revises both the Delaware Fair Housing Act and Residential Landlord-Tenant Code to repeal the exception to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs. (Passed the Senate 14 Yes, 7 No)
Senate Substitute 1 for Senate Bill 167 with Senate Amendment 1, Sponsored by Senator Lockman, seeks to increase the supply of homes available to rent for low-income individuals and families by providing incentives to landlords who participate in a government-sponsored rental assistance program. (Passed the Senate 21 Yes, 0 No)
House Bill 338 with House Amendment 1, sponsored by Representative Bush, provides an automatic satisfaction of a mortgage 10 years after the maturity date as stated in the mortgage or any recorded extension of the mortgage or, in the absence of a stated maturity date, 40 years after the recording of the mortgage or any extension of the mortgage. (Passed the House 41 Yes, 0 No)
TRANSPORTATION
Senate Bill 209, sponsored by Senator Paradee, increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a Transportation Network Company (e.g. Uber or Lyft). The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022. (Passed the Senate 21 Yes, 0 No)
WORKFORCE
Senate Bill 229, sponsored by Senator Mantzavinos, requires applicants for a Delaware resident producer license to either be a Delaware resident or to work for an entity that has a physical location in Delaware out of which the business of insurance is conducted. This bill prohibits the practice of out-of-state applicants using Delaware registered agents or postal boxes to establish residency in Delaware. These changes will help to reduce or eliminate the improper marketing of insurance plans by bad actors that seek to avoid regulatory oversight through these licensing practices. (Passed the Senate 20 Yes, 0 No, 1 not voting and passed the House 41 Yes, 0 No)
House Bill 373, sponsored by Representative Schwartzkopf, makes it clear that persons 14 and 15 years of age can be employed in such places where alcoholic liquors are served, but cannot be involved in the sale or service of alcoholic liquor. (Passed the Senate 21 Yes, 0 No and passed the House 36 Yes, 0 No, 5 absent)
OTHER
House Bill 296, sponsored by Representative Mitchell, adds catalytic converters to the list of items for which scrap metal processors shall create a record and provide information when acquired. Amending Section 24(b)(1) to specifically include catalytic converters as items that the industries regulated by Chapter 23 must report will enhance enforcement of this Chapter and assist law enforcement by providing a mechanism to follow up on thefts of converters and to obtain solvability factors in the ever-growing trend associated with thefts of converters. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House 41 Yes, 0 No)
House Bill 274, sponsored by Representative Osienski, repeals the requirement that individuals seeking to change their name publish notice of the petition for change of name in a newspaper published in the county of the proceeding for at least once a week for 3 weeks before the petition is filed. This provision does not exist in 20 other states, including our neighbors in New Jersey, Maryland, and Virginia, and serves to only add an additional financial barrier to those seeking to change their name. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House 39 Yes, 0 No, 2 Absent)
House Bill 365, sponsored by Representative Schwartzkopf, establishes the pilotage rates for the Pilots’ Association for the Bay and River Delaware for 2023, 2024, and 2025. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House 37 Yes, 0 No, 4 Absent)
House Bill 337, sponsored by Representative Bush, makes it easier to properly clear title to real property after a person dies if the person held real property jointly with the right of survivorship. (Passed the House 39 Yes, 0 No, 2 absent)
RESOLUTIONS
Senate Resolution 29, sponsored by Senator Gay, designates April 28, 2022, as Take Our Daughters and Sons to Work Day. (Passed the Senate 21 Yes, 0 No)
Senate Resolution 30, sponsored by Senator Sturgeon, designates April 27, 2022, as Ulysses S. Grant Day. (Passed the Senate 21 Yes, 0 No)
House Concurrent Resolution 69, sponsored by Representative Bush, recognizes the Delaware Municipal Electric Corporation and community-owned, not-for-profit electric utilities throughout Delaware for their dedication to serving their communities with energy-saving programs and carbon reduction projects. This Resolution also celebrates DEMEC’s upcoming 43rd anniversary and over 100 years of reliable electric service from Delaware’s local public power utilities by proclaiming April 13, 2022, as DEMEC Day. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
House Concurrent Resolution 70, sponsored by Representative Bolden, designates April 26th, 2022 as Kalmar Nyckel, Tall Ship Day in Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
House Concurrent Resolution 71, sponsored by Representative Dorsey Walker, declares April of each year Parliamentary Law Month. (Passed the Senate 21 Yes, 0 No and passed the House by voice vote)
House Concurrent Resolution 72, sponsored by Representative Schwartzkopf, recognizes the month of April 2022 as National Donate Life Month in Delaware. (Passed the Senate 21 Yes, 0 No and passed the House by voice vote)
House Concurrent Resolution 73, sponsored by Representative Longhurst, recognizes the Easterseals/CAI Volleyball Challenge occurring May 14 at William Penn High School, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families. (Passed the Senate 21 Yes, 0 No and passed the House by voice vote)
House Concurrent Resolution 74, sponsored by Representative Minor-Brown, recognizes the work of all three of Delaware’s Federally Qualified Health Centers. (Passed the Senate 21 Yes, 0 No and passed the House by voice vote)
Senate Concurrent Resolution 81, sponsored by Senator Pinkney, recognizes April 11-17, 2022 as Black Maternal Health Awareness Week in Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
Senate Concurrent Resolution 87, sponsored by Senator Townsend, recognizes the 50th anniversary of Meals on Wheels nationally and the 25th anniversary of Meals on Wheels Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
Senate Concurrent Resolution 88, sponsored by Senator Poore, designates the week of May 1-8, 2022, as Tardive Dyskinesia Awareness Week in Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent)
Senate Concurrent Resolution 89, sponsored by Senator Sturgeon, observes April 2022, as the 2022 Month of the Military Child in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
Senate Concurrent Resolution 90, sponsored by Senator Brown, proclaims April 2022 as Second Chance Month in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
Senate Concurrent Resolution 91, sponsored by Senator Richardson, recognizes Christian Holy Week and Passover in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent)
Senate Concurrent Resolution 92, sponsored by Senator Hansen, recognizes April 24-30, 2022, as Crime Victims' Rights Week" in the State Of Delaware. Please visit the following websites for more information on Crime Victims' Rights Week and the resources available to victims and survivors of crime: Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims' Rights Task Force, at https://delawarevictimservices.org. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
Senate Concurrent Resolution 93, sponsored by Senator Poore, recognizes April 29, 2022, as World Wish Day in Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House by voice vote)
Senate Concurrent Resolution 94, sponsored by Senator Lockman, endorses the Delaware Strategic Highway Safety Plan's overall objective of reducing fatalities and serious injuries by 15 percent between 2021 and 2025 to ultimately reach a goal of zero fatalities and serious injuries on Delaware’s roadways and directs the Department of Transportation, Delaware State Police and Office of Highway Safety to adjust their programs if necessary to meet that goal. (Passed the Senate 20 Yes, 0 No, 1 absent)
Senate Concurrent Resolution 95, sponsored by Senator Lockman, recognizes the month of April 2022, as the National Fair Housing Month in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 absent and passed the House House by voice vote)
Senate Concurrent Resolution 96, sponsored by Senator Pettyjohn, recognizes April 18, 2022, as National Line Worker Appreciation Day in the State of Delaware. (Passed the Senate 20 Yes, 0 No)
