Weekly Legislative Recap: May 10th-12th
The Delaware General Assembly met on May 10-12, 2022 to discuss and vote on legislation intended to impact and improve the lives of all Delawareans. Lawmakers passed 25 bills and 11 resolutions. This legislation addressed changes/corrections to the Delaware Code, government operations, and highlighted specific issues/causes. Their important work included:
House Bill 371 with Senate Amendment 1, 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. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration. (Passed the Senate 13 Yes, 7 No, 1 Absent and passed the House 26 Yes, 14 No, 1 Absent)
House Bill 355 with House Amendment 1, House Amendment 2, and Senate Amendment 1, sponsored by Representative Longhurst, fortifies the Declaration of Purpose for the Fort DuPont Complex. This Act does the following: Changes the composition of the Board by adding the Director of the Prosperity Partnership, the co-chairs of the Capital Improvement Committee, a director appointed by the Speaker of the House, and a director appointed by the President Pro Tempore of the Senate; and by eliminating the Secretary of DHSS, the four directors appointed by the Mayor of Delaware City, and the three directors elected by the Board. Specifies that the Director of OMB or his/her designee will be the Board Treasurer. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House 36 Yes, 3 No, 1 Not Voting, 1 Absent)
Senate Concurrent Resolution 105, sponsored by Senator Paradee, expresses the General Assembly's strong support for the Delaware State University Women’s Lacrosse Team, and condemns the actions of the Liberty County Sheriff’s Office in Hinesville, Georgia against the Women’s Lacrosse Team. The Resolution further urges the Governor and General Assembly of Georgia to condemn the actions of the Liberty County Sheriff’s Office, and to take measures to hold those responsible accountable, including providing training and instituting a policy against profiling based on race, ethnicity, religion, or gender. (Passed the Senate 14 Yes, 4 No, 3 Not Voting and Passed the House 39 Yes, 0 No, 2 Not Voting)
Additional Legislation
AGRICULTURE
Senate Bill 228 with Senate Amendment 1, sponsored by Senator Walsh, allows licensed veterinary technicians, as well as licensed veterinarians, to administer rabies vaccinations to dogs, cats, and ferrets. (Passed the Senate 21 Yes, 0 No)
DISABILITY
House Bill 363, Sponsored by Representative Dorsey Walker, eliminates the Adult Protective Services Advisory Council and absorbs that council's role into the Council on Services for Aging and Adults with Physical Disabilities. This Act makes the required changes to the Council on Services for Aging and Adults with Physical Disabilities. The APS Advisory Council is removed from Title 31 in separate legislation. (Passed the Senate 21 Yes, 0 No and passed the House 41 Yes, 0 No)
House Bill 367 with House Amendment 1 and House Amendment 2, sponsored by Representative Bennett, makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities. This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”. (Passed the House 41 Yes, 0 No)
ECONOMICS
Senate Bill 224, sponsored by Senator Pettyjohn, raises the threshold limit requiring a building and loan association to obtain federal deposit insurance from $10,000,000 to $15,000,000. This threshold limit was last increased in 2019. The State Bank Commissioner does not oppose this change. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House 38 Yes, 0 No, 3 Absent)
EDUCATION
Senate Substitute 1 for Senate Bill 4, with House Amendment 1 and House Amendment 2, sponsored by Senator Sturgeon, requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curriculum for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials. School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information. (Passed the Senate 21 Yes, 0 No and passed the House 40 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. The Act also provides that when the federal “rap back system” becomes available, the State Bureau of Investigation may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. Authority is given to the Department of Education to pay the costs of background checks for its employees. This bill also adds clarifications for when the Department of Education is the employer. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House 41 Yes, 0 No)
House Bill 304 with House Amendment 1, sponsored by Representative Kimberly Williams, recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention. (Passed the House 40 Yes, 0 No, 1 Absent)
GOVERNMENT OPERATIONS
House Bill 357, Sponsored by Representative Dorsey Walker, updates the Technology Investment Council’s statute to further streamline operations and prevent redundancies. (Passed the Senate 21 Yes, 0 No and passed the House 41 Yes, 0 No)
House Bill 193, with House Amendment 3, sponsored by Representative D. Short, seeks to provide the State Fire Commission with the authority to hear and resolve disputes filed by members of the public or fire companies with respect to firefighting activities by individual firefighters and fire companies. (Passed the House 34 Yes, 5 No, 2 Absent)
Senate Bill 236, with Senate Amendment 1, sponsored by Senator Lopez, does the following: (1) Changes the name of the State Human Relations Commission to the Delaware Human and Civil Rights Commission (“Commission”), as it appears in the Delaware Code. (2) Changes the name of the Division of Human Relations to the Division of Human and Civil Rights (“Division”), as it appears in the Delaware Code. This name change makes clearer the role of the Commission and Division in ensuring human rights and civil rights and helps differentiate the Commission and Division from the work of the Department of Human Resources and the City of Dover’s Human Relations Commission. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 38 Yes, 0 No, 3 Absent)
House Bill 385, sponsored by Representative Bolden, allows any municipality with a population of 50,000 or more to establish by ordinance rules for the location of liquor stores that are more restrictive than state law, and requires the Alcohol Commissioner to refuse a license for any new establishment that does not comply with those rules. (Passed the House 38 Yes, 0 No, 1 Not Voting, 2 Absent)
House Bill 411, sponsored by Representative Schwartzkopf, s the first leg of a constitutional amendment that would prohibit the regular session of the General Assembly from extending beyond 5:00 p.m. on the last day of June unless the session is recalled by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 5:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. (Passed the House 38 Yes, 0 No, 3 Absent)
HEALTH AND SOCIAL REFORM
House Substitute 1 for House Bill 302 with House Amendment 1, sponsored by Representative Baumbach, clarifies that the creation or possession of an altered or fake vaccination document is forgery in the second degree. This crime includes electronic vaccination documents because the existing definition of "written instrument" includes electronic equivalents. (Passed the House 35 Yes, 6 No)
House Bill 369 with House Amendment 1, sponsored by Representative Griffith, This Act adds a member of the Delaware Bar, designated by the Elder Law Section of the Delaware State Bar Association, to the Delaware Guardianship Commission. (Passed the House 40 Yes, 0 No,1 Absent)
HEALTH CARE CAPACITY
Senate Bill 277, sponsored by Senator McBride, increases opportunities for federally qualified health centers (“FQHC”) and government-operated dental clinics to serve the indigent and other underserved communities with dental care and improves flexibility with updated provisional licensing processes for FQHC and government-operated dental clinic applicants. (Passed the Senate 20 Yes, 0 No, 1 Absent)
LEGAL ISSUES
Senate Bill 273, sponsored by Senator Gay, makes many changes to the Delaware Code related to General Corporation Law. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 274, sponsored by Senator Gay, continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act to keep it current and to maintain its national preeminence. (Passed the Senate 21 Yes, 0 No)
Senate Bill 275, sponsored by Senator Gay, continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 276, sponsored by Senator Gay, continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. (Passed the Senate 20 Yes, 0 No, 1 Absent)
TRANSPORTATION
Senate Bill 207, sponsored by Senator Wilson, extends until 2026 the requirement that agriculture and intrastate construction vehicles be registered in accordance with the manufacturer's gross vehicle weight rating. (Passed the Senate 21 Yes, 0 No and passed the House 40 Yes, 0 No, 1 Absent)
House Bill 350, sponsored by Representative Spiegelman, creates a special license plate for Suicide Prevention, Awareness, and Support in honor of Jason Staley. (Passed the House 38 Yes, 0 No, 3 Absent)
OTHER
House Substitute 1 for House Bill 168, sponsored by Representative Bush, would allow insurance companies to invest in mortgages on long-term leaseholds in the jurisdictions approved by the Department of Insurance. It is the intent of the Department of Insurance that the first approved jurisdiction be the United Kingdom. In the United Kingdom, real estate typically is held not in fee simple (like the US) but long-term land leases. Thirty three other states including Maryland, New Jersey, and New York have similar statutes. (Passed the Senate 21 Yes, 0 No and passed the House 36 Yes, 0 No, 5 Absent)
Senate Bill 216, sponsored by Senator Ennis, allows the Delaware Standardbred Breeders Fund Board to promulgate rules and regulations necessary or appropriate to implement or clarify the statutes related to the Standardbred Breeders Fund Program. (Passed the Senate 21 Yes, 0 No and passed the House 40 Yes, 0 No, 1 Absent)
RESOLUTIONS
House Resolution 23, sponsored by Representative Briggs King, proclaims May 2022 as "Community Action Month" in the State of Delaware. (Passed the House by Voice Vote)
House Concurrent Resolution 57, sponsored by Representative Gray, recognizes the 50th anniversary of the Delaware Professional Engineers' Act and formation of the Delaware Association of Professional Engineers. (Passed the Senate 20 Yes, 0 No, 1 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 Senate 21 Yes, 0 No and passed the House by Voice Vote)
House Concurrent Resolution 79, sponsored by Representative Minor-Brown, designates the month of May as "National Nurses Month" in Delaware. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House by Voice Vote)
House Concurrent Resolution 81, sponsored by Representative Minor-Brown, recognizes May 11, 2022, as “School Nurse Appreciation Day” in Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 82, sponsored by Representative Longhurst, requests that the Department of Education provides information on the current mental health care workforce within Delaware schools and what progress is being made to meet ratios established in HB 100. (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 and passed the House by Voice Vote)
Senate Concurrent Resolution 101, sponsored by Senator Lawson, honors USO Delaware for their important and inspiring work supporting military members and their families. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
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 and passed the House by Voice Vote)
Senate Concurrent Resolution 104, sponsored by Senator Poore, recognizes May 12, 2022, as Delaware Local Government Day in the State of Delaware. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
