Legislative Recap: Week of May 3rd-5th
The Delaware General Assembly met on May 03 - 05, 2022 to discuss and vote on legislation intended to impact and improve the lives of all Delawareans. Lawmakers passed 19 bills and 17 resolutions. This legislation addressed changes/corrections to the Delaware Code, government operations, and highlighted specific issues/causes. Their important work included:
House Bill 183 with House Amendment 2, sponsored by Representative Hensley, requires all candidates for State or county elected offices and incumbent elected officials to have their primary residential address in the area or district they represent or seek to represent. (Passed the House 40 Yes, 0 No, 1 Absent)
Senate Bill 205, sponsored by Senator Gay, expands the availability of free feminine hygiene products at all public and charter schools. (Passed the Senate 21 Yes, 0 No and passed the House 40 Yes, 0 No, 1 Absent)
House Bill 262 with House Amendment 1 and House Amendment 2, sponsored by Representative Griffith, seeks to provide consumers with critical information about how their personal information is being used by data brokers. This Act requires data brokers to register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. (Passed the House 27 Yes, 13 No, 1 Absent)
House Bill 371, sponsored by Representative Osienski, removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. (Passed the House 26 Yes, 14 No, 1 Absent)
Additional Legislation
CRIMINAL JUSTICE
Senate Substitute 1 for Senate Bill 11, sponsored by Senator Townsend, is the first leg of a constitutional amendment that will modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to define either certain offenses for which, or circumstances under which, pretrial release on bail may not be available. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 244 with House Amendment 2, sponsored by Representative Lynn, reforms criminal justice imposed financial obligations to reduce the financial burdens that disproportionately impact the poor. This type of debt and the collateral consequences of suspending a driver’s license negatively impact the rehabilitation of those in the criminal justice system and push those without the ability to pay further into the system unnecessarily. (Passed the House 31 Yes, 9 No, 1 Absent)
House Bill 324, sponsored by Representative Bush, is related to House Bill 214 which was enacted by the 148th General Assembly and expanded the offense of Assault in the Second Degree to include the intentional assault of ambulance operators, rescue squad members, and nurses injured while performing work-related duties. As a result of increasing workplace violence directed against healthcare providers, House Bill 324 further defines Assault in the Second Degree to include other health care treatment providers and employees and hospital security personnel who are injured while performing their work-related duties. (Passed the House 37 Yes, 1 No, 1 Not Voting, 2 Absent)
EDUCATION
Senate Bill 100 with Senate Amendment 1, sponsored by Senator Townsend, establishes a Public Education Compensation Committee for the purpose of reviewing Delaware's educator compensation structure and its ability to compete with regional school districts, Delaware's private business sector, and other governmental agencies and to develop recommendations to establish a new compensation structure for educators in Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 238, sponsored by Representative Kowalko, repeals the ability of a charter school to give preference in student admissions to students residing within a 5-mile radius of the school. (Passed the House 22 Yes, 16 No, 1 Not Voting, 2 Absent)
House Bill 318 with House Amendment 1, sponsored by Representative Dorsey Walker, establishes a period of time when a license for a nonpublic school teacher, specialist, or administrator employed by this State and for a public education employee, i.e., a Department of Education employee, adult education employee, and prison education employee, does not expire. (Passed the House 40 Yes, 0 No, 1 Absent)
HEALTH CARE CAPACITY
Senate Bill 253, sponsored by Senator McBride, provides flexibility for nursing and assisted living facilities to make hiring decisions contingent on staff influenza vaccination status. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 257, sponsored by Senator Gay, is an interstate compact called the Multistate Professional Counselor Licensure Compact, and it facilitates the interstate practice of licensed professional counseling. The Counseling Compact allows a counselor who is licensed in their home state and has not had any encumbrances on their license within the last 2 years to obtain the ability to practice counseling in other states participating in the Compact if the counselor satisfies the requirements, including completion of a criminal background check. (Passed the Senate 20 Yes, 0 No, 1 Absent)
HOUSING
Senate Substitute 1 for Senate Bill 240, sponsored by Senator Sturgeon, prohibits landlords from renting a dwelling unit that the landlord knows has a current bed bug infestation. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 339 with House Amendment 1 and House Amendment 2, sponsored by Representative Bush, provides protection to homeowners from sellers that may have misled buyers (or their settlement attorneys) regarding a criminal judgment that is attached to real property. It prevents innocent owners from potentially becoming a second victim by having a prior owner’s lien attached for more than 7 years after the settlement. (Passed the House 40 Yes, 0 No, 1 Absent)
TRANSPORTATION
House Bill 330, sponsored by Representative Heffernan, renames the Claymont Regional Transportation at First State Crossing in Claymont, Delaware as the "Harris B. McDowell, III Transportation Center" after Senator Harris B. McDowell, III, the longest-serving member of the Delaware General Assembly. (Passed the House 40 Yes, 0 No, 1 Absent)
WORKFORCE
House Bill 148, sponsored by Representative Yearick, changes the reimbursement if the change of employment occurs within 4 years, and changes the yearly rate of reimbursement to reflect the new time period to $40,000 for one year, $30,000 for two years, $20,000 for three, and $10,000 for four years. Currently if a municipality or other governmental unit employs a police officer who has within 2 years completed mandatory training while in the employ of another municipality or governmental unit, the new employer reimburses the prior employer. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 331, sponsored by Representative Bennett, exempts a stand operated by a child from State, county, and municipal regulations and licensing fees that might otherwise apply. Stands operated by children that serve or sell lemonade or other beverages on a temporary, occasional basis are a summertime tradition for many children. (Passed the House 39 Yes, 0 No, 2 Absent)
OTHER
House Bill 321, sponsored by Representative Bush, expands the Commissioner’s authority to deny policy form filings that encourage misrepresentation, contain any unjust, unfair or inequitable provisions, or where the benefits provided are unreasonable in relation to the premium charged, to other lines of insurance not limited to life and health policies. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 40 Yes, 0 No, 1 Absent)
House Bill 322, sponsored by Representative Bush, removes the requirement that the Director of the Office of Management and Budget approve Title 18-related refunds of overpayments. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 40 Yes, 0 No, 1 Absent)
House Bill 323, sponsored by Representative Bush, requires that the Commissioner’s retention of any outside attorneys, actuaries, accountants, and other experts in the review of any application for merger or consolidation of a domestic insurer be at the expense of the party applying for such merger or consolidation. This bill aligns the payment of the Commissioner’s expenses for mergers and consolidations with other acquisitions under Chapter 50 of Title 18 of the Delaware Code. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 40 Yes, 0 No, 1 Absent)
House Bill 376, sponsored by Representative D. Short, authorizes the Delaware Burn Camp Corporation created by Subchapter VII to determine its own Board of Directors. This Act will phase in the new directors as the current directors complete their terms or upon the occurrence of a vacancy. (Passed the House 39 Yes, 0 No, 2 Absent)
RESOLUTIONS
House Resolution 21, sponsored by Representative Briggs King, recognizes April 24 through April 30, 2022, as "National Medical Laboratory Professionals week". (Passed the House by Voice Vote)
House Resolution 22, sponsored by Representative Bush, recognizes Sunday, May 8, 2022, as a very special day for all mothers in the State of Delaware and calls on all Delawareans to reflect on the many selfless acts of their own mothers. (Passed the House by Voice Vote)
House Concurrent Resolution 75, sponsored by Representative Vanderwende, designates May 4, 2022, as 4-H Day in the State of Delaware and calls upon Delaware's citizens to recognize the many contributions of the State's 4-H programs. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 76, sponsored by Representative Kimberly Williams, recognizes the week of May 1-7, 2022 as Teacher Appreciation Week. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 77, sponsored by Representative Longhurst, recognizes the month of May 2022 as Mental Health Awareness Month. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House by Voice Vote)
House Concurrent Resolution 78, sponsored by Representative Yearick, proclaims the week of May 15-21, 2022 as Delaware Grown Week. It has been eight years since 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. Successful passage of this resolution will continue this worthy collaboration. (Passed the House by Voice Vote)
House Concurrent Resolution 80, sponsored by Representative Kimberly Williams, commends the 2022 Delaware State Teacher of the Year, Jahsha Tabron, and all of the District Teachers of the Year. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
Senate Concurrent Resolution 86, sponsored by Senator Wilson, designates April 6, 2022 as "National Tartan Day" and commemorates the outstanding achievements and contributions made by Scottish-Americans to the United States. (Passed the Senate 21 Yes, 0 No, 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 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 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 and passed the 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 21 Yes, 0 No, and passed the House by Voice Vote)
Senate Concurrent Resolution 97, sponsored by Senator Wilson, recognizes May 2 to May 7, 2022, as Auctioneers Week in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
Senate Concurrent Resolution 98, sponsored by Senator Lawson, recognizes the month of May 2022 as Healthy Vision Month in the State of Delaware. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House by Voice Vote)
Senate Concurrent Resolution 99, sponsored by Senator Lopez, designates the month of May 2022 as Lyme Disease Awareness 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 100, sponsored by Senator Lopez, proclaims May 2022 Cystic Fibrosis Awareness Month in the State of Delaware. (Passed the Senate 19 Yes, 0 No, 2 Absent)
Senate Concurrent Resolution 102, sponsored by Senator Brown, recognizes May 2022 as Older Americans Month in the State of Delaware. (Passed the Senate 19 Yes, 0 No, 2 Absent)
