Weekly Legislative Update: May 17-19
The Delaware General Assembly met on May 17-19, 2022 to discuss and vote on legislation intended to impact and improve the lives of all Delawareans. Lawmakers passed 42 bills and 11 resolutions. This legislation addressed changes/corrections to the Delaware Code, government operations, and highlighted specific issues/causes. Their most important work included:
Senate Substitute 1 for Senate Bill 4, sponsored by Senator Sturgeon, with House Amendment 1 and House Amendment 2, requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. (Passed the Senate 21 Yes, 0 No and passed the House 40 Yes, 0 No, 1 Absent and passed the Senate again with HA 1 &2, 18 Yes, 0 N0, 3 Absent)
House Substitute 1 for House Bill 293, sponsored by Representative Baumbach, requires that meetings of public bodies that are open to the public must provide an opportunity for public comment. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 372, sponsored by Representative Osienski, with House Amendment 1 and House Amendment 2, creates the Delaware Marijuana Control Act to regulate and tax marijuana in the same manner as alcohol. (⅗ required: Defeated in the House 23 Yes, 15 No, 1 Not Voting, 2 Absent)
Additional Legislation
AGRICULTURE
Senate Bill 264 with Senate Amendment 1, sponsored by Senator Sokola, requires the Delaware Department of Agriculture to promulgate rules and regulations, that will not become effective until July 1, 2024, classifying neonicotinoid pesticides designed or intended for use in outdoor applications as state restricted use pesticides, creating a list of chemicals that belong to the neonicotinoid class of chemicals, and banning the retail sale of neonicotinoid pesticides to the public for outdoor applications. This Act also requires the Department to develop and publish best practices for minimizing the airborne liberation of neonicotinoid pesticides and related dust by October 1, 2022. (Passed the Senate 21 Yes, 0 No)
CRIMINAL JUSTICE
House Bill 277, with House Amendment 1, sponsored by Representative Lynn, codifies the principle set forth in Doe v. Bicking, 2020 Del. Super. LEXIS 43, *32, 2020 WL 374677 (Del. Super. Jan. 22, 2020) which recognizes that in cases of childhood sexual abuse by an employee of a school, organization, or business that serves or cares for children, the perpetrator often has authority and power over the child victim, which can be enabled by the perpetrator’s position in that institution. If a child is abused while the perpetrator is doing the perpetrator’s job, the employer should be responsible. This Act also changes the standard of culpability from “gross negligence” to “negligence” for public schools in civil claims based on childhood sexual abuse. (Passed the House 40 Yes, 0 No, 1 Absent)
Senate Bill 289, sponsored by Senator Poore, expands the scope of the sexual extortion law to include: a) compelling or inducing another person to produce a visual depiction of the person or another who is nude or who is engaging in sexual conduct, and b) threatening to reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of a person who is nude, or who is engaging in sexual conduct. (Passed the Senate 21 Yes, 0 No)
ECONOMICS
Senate Substitute 1 for Senate Bill 222, sponsored by Senator Townsend, Substitute differs from Senate Bill No. 222 as follows: (1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date. (2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year. (3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%. As a result, under § 2503(a)(12)a.1. of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%. (Passed the Senate 12 Yes, 8 No, 1 Not Voting)
Senate Bill 284, sponsored by Senator Mantzavinos, continues the practice of periodically amending the Delaware Statutory Trust Act (the “Act”) to keep it current and to maintain its national preeminence. (Passed the Senate 21 Yes, 0 No)
House Bill 299, sponsored by Representative Cooke, with House Amendment 2, prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. Sales covered by this Act are those made at a retail store through an in-person transaction. (Passed the House 39 Yes, 0 No, 2 Absent)
House Bill 406, sponsored by Representative Bush, amends Title 12 of the Delaware Code relating to decedent’s estates and fiduciary relations. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 420, sponsored by Representative Bush, assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the pre-application process for the land use process. (Passed the House 38 Yes, 1 No, 2 Absent)
EDUCATION
Senate Bill 100, sponsored by Senator Townsend with Senate Amendment 1, 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, (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 39 Yes, 0 No, 2 Absent)
Senate Bill 290 with Senate Amendment 1, sponsored by Senator Poore, expands Erin's Law to require training and education on issues related to inappropriate relationships between adults and children, such as grooming. (Passed the Senate 21 Yes, 0 No)
Senate Bill 291, sponsored by Senator Poore, requires each school district and charter school to adopt a policy regarding appropriate relationships between school employees, contractors, coaches, volunteers and students. (Passed the Senate 21 Yes, 0 No)
GOVERNMENT OPERATIONS
House Substitute 1 for House Bill 93 with House Amendment 1, sponsored by Representative Briggs King, creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view applications for grants-in-aid and to develop and recommend to the Joint Finance Committee the grants-in-aid appropriations bill. (Passed the Senate XX Yes, XX No and passed the House 40 Yes, 0 No, 1 Absent)
Senate Bill 286, sponsored by Senator Hansen, shall be known as the “New Castle County Neighborhood Improvement District Act.” The Act assembles New Castle County resources under “one roof” to focus comprehensively on persistent, and in some cases legacy, neighborhood problems, thereby promoting the possibilities of successfully resolving systemic neighborhood problems. (Passed the Senate 18 Yes, 0 No, 3 Absent)
House Bill 286, sponsored by Representative Osienski, extends the maturity of bonds permitted to be issued by New Castle County from 30 years to 40 years for both sewer and wastewater projects, recognizing the long life of such assets. Extending the maturities of sewer and wastewater infrastructure-related bonds will enable New Castle County to access federal programs that allow for longer-duration repayment periods, such as the Water Infrastructure and Innovation Act and the U.S. Department of Agriculture loan program for sewer, solid waste, and stormwater drainage in eligible rural areas. (Passed the House 36 Yes, 0 No, 5 Absent)
Senate Bill 295, sponsored by Senator Gay, clarifies that the Attorney General’s right of access under Title 29, Section 2508(b) to the books, papers, records, and other documents of the State does not apply for purposes of discovery in any civil litigation brought by or on the relation of the Attorney General, except for the Department of Justice’s own documents. (Passed the Senate 21 Yes, 0 No)
Senate Bill 298, sponsored by Senator Hansen, amends provisions in Title 26 of the Delaware Code, Section 1014, related to rules and regulations promulgated by the Public Service Commission, municipal electric companies, and electric cooperatives on the subject of net energy metering. (Passed the Senate 21 Yes, 0 No)
House Bill 313, sponsored by Representative Collins with House Amendment 1, amends the Millsboro Charter to require the town auditor to make and deliver the annual audit report to the Town Council by the date of the Council's regular meeting in January after the end of the fiscal year. If the Town receives 100% principal loan forgiveness from a federal, state, or local government, a special election is not required for the project. Additionally, any portion of principal forgiveness value granted shall not count toward the Town's aggregate limit of any borrowing authorization previously approved by a special election vote for the proposed loan. (Passed the House 38 Yes, 1 No, 2 Absent)
House Bill 355, sponsored by Representative Longhurst, with House Amendment 1, House Amendment 2, and Senate Amendment 1, 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. Requires the Board to elect a Vice-Chair from among its members who may carry out the duties of the Chair if the Chair is unavailable. Prohibits the executive director or any employee of the Corporation any gift from the Corporation, the Board, or any member of the Board valued in excess of $200.00 or from receiving housing as part of their compensation package. An employee may rent, lease, or purchase any property on the Fort DuPont Complex unless for fair market value and only through a standard rental or sale process. Requires a deputy executive director to be hired. Requires all hires to be approved by the Board. Requires the executive director to provide an annual written report of the activities of the Corporation to the Chair of the Board. (Passed the Senate 19 Yes, 0 No, 2 Absent, passed the House 36 Yes, 3 No, 1 Not Voting, 1 Absent, and passed the house a second time with SA1 39 Yes, 1 No, 1 Absent)
House Bill 391, sponsored by Representative Gray, amends the Charter of the Town of Millville. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 397, sponsored by Representative Bolden, is the Department of Finance's Annual "housekeeping" legislation. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 402, sponsored by Representative Postles, amends the Charter of the City of Milford by allowing the City to adopt the assessments of real property conducted by Kent and Sussex County. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 407, sponsored by Representative Postles, confers upon the Town Manager of the Town of Frederica the powers and authority conferred upon the Receiver of Taxes and County Treasurer for Kent County specifically permitting the Town Manager to sell delinquent taxpayer's real property through the monition process. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 422, sponsored by Representative Freel, amends Section 3-304 of the City of Wilmington’s Charter to allow the City of Wilmington to determine whether, and to what extent, its employees are required to be City residents. This Act does not affect residency requirements for City Council Members. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 426, sponsored by Representative Schwartzkopf, allows counties to use Realty Transfer Tax funds for recreational amenities and land preservation programs. (Passed the House 38 Yes, 0 No, 3 Absent)
HEALTH CARE CAPACITY
House Bill 234, sponsored by Representative Minor-Brown, with House Amendment 1, requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy. (Passed the House 39 Yes, 0 No, 2 Absent)
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 and passed the House 32 Yes, 7 No, 2 Absent)
Senate Bill 267, sponsored by Senator Mantzavinos, requires that third-party cost-sharing assistance utilized by patients is applied toward the enrollee's health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to patients’ deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024. (Passed the Senate 21 Yes, 0 No)
Senate Bill 292, sponsored by Senator Hansen, allows the Department of Health and Social Services to expand the current program to include additional opioid antagonists. An opioid antagonist is a medication approved by the United States Food and Drug Administration (FDA) for emergency reversal of a known or suspected opioid overdose. Currently, naloxone is the only FDA-approved opioid antagonist, however, the FDA is expected to approve at least 1 new, more powerful opioid antagonist in 2022. The current naloxone program allows public safety personnel and trained lay people to receive and administer naloxone to individuals suspected of experiencing an opioid overdose. (Passed the Senate 18 Yes, 0 No, 3 Absent)
House Bill 334, sponsored by Representative Bentz, with House Amendment 2, permits healthcare providers who are licensed in a state other than Delaware to deliver healthcare services by telehealth and telemedicine only if a healthcare provider-patient relationship has been established. (Passed the House 39 Yes, 0 No, 2 Absent)
House Bill 399, sponsored by Representative Bennett, with House Amendment 1 and House Amendment 2, authorizes pharmacists to order and perform tests authorized by the FDA, Clinical Laboratory Improvement Amendments of 1988 (CLIA)-waived, and provide treatment for such health conditions. (Passed the House 39 Yes, 0 No, 2 Absent)
HOUSING
Senate Substitute 1 for Senate Bill 9, sponsored by Senator Walsh, establishes new formulas that a community owner is allowed to use to increase rent in a manufactured home community. (Passed the Senate 19 Yes, 1 No, 1 Not Voting)
Senate Bill 282, sponsored by Senator Gay, facilitates the expansion of the private flood insurance market through the adoption of the National Council of Insurance Legislators’ Model Private Primary Residential Flood Insurance Model. This Model has been used to facilitate increased consumer choice and access to flood insurance. (Passed the Senate 21 Yes, 0 No)
WORKFORCE
House Bill 205 with House Amendment 3, sponsored by Representative Lambert, establishes the Delaware Expanding Access for Retirement and Necessary Saving (“EARNS”) program to serve as a vehicle through which eligible employees may, on a voluntary basis, provide for additional retirement security through a State-facilitated retirement savings program in a convenient, cost-effective, and portable manner. (Passed the House 35 Yes, 5 No, 1 Absent)
Senate Bill 280, sponsored by Senator Osienski, requires medical marijuana compassion centers and safety compliance facilities that have 20 or more employees to have a labor peace agreement with 1 more bona fide labor organization. (Passed the Senate 14 Yes, 7 No)
House Bill 427, sponsored by Representative Schwartzkopf, streamlines the youth work permit application process, requiring them to obtain just one work permit from the Department of Labor. (Passed the House 38 Yes, 0 No, 3 Absent)
OTHER
House Bill 101, sponsored by Representative Smyk, designates the Green Turtle (Chelonia mydas) as the official State Reptile for the State of Delaware. This act shall expire 1 year after its enactment into law. (Passed the House 39 Yes, 0 No, 2 Absent)
Senate Substitute 1 for Senate Bill 258, sponsored by Senator Lopez, abrogates current Delaware law as it presently stands regarding available recovery for damages related to injured or deceased pets that are tortiously injured by a third party or a third party’s animal. (Passed the Senate 21 Yes, 0 No)
Senate Substitute 1 for Senate Bill 278, sponsored by Senator Hansen, will be used to remember the American lives lost as a result of the terrorist attacks on September 11, 2001. The 9/11 Remembrance Flag is a symbol of Delaware’s commitment to memorializing the American lives lost in the attacks. This Act encourages government buildings and facilities to display the 9/11 Remembrance Flag on September 11th of each year. The 9/11 Remembrance Flag is permitted to be flown beneath, and not in place of, the American Flag. This Act also encourages schools to offer instruction on the events of that day. (Passed the Senate 18 Yes, 0 No, 3 Absent)
House Bill 390, sponsored by Representative Baumbach, designates the Dryptosauridae as the official dinosaur of this State. Dryptosauridae bones have been found in the Chesapeake & Delaware Canal. The only other dinosaur bones that have been found in Delaware are those of a hadrosaurid, most likely Hadrosaurus foulkii, which New Jersey has already designated as its official state dinosaur. (Passed the House 37 Yes, 0 No, 4 Absent)
RESOLUTIONS
House Concurrent Resolution 82, sponsored by Representative Longhurst, requests that the Department of Education provide 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 Senate 21 Yes, 0 No and passed the House by Voice Vote)
House Concurrent Resolution 83, sponsored by Representative Bolden, recognizes May 29th as ‘DE529 Day.” (Passed the Senate 18 Yes, 0 No, 3 Absent and passed the House by Voice Vote)
House Concurrent Resolution 84, sponsored by Representative Mathews, commends the 2022 Delaware Educational Support Professional of the Year, David Thomas, and all of the District/Charter Network Educational Support Professionals of the Year. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
House Concurrent Resolution 85, sponsored by Representative Bolden, recognizes the contributions of the Delta Sigma Theta Sorority chapters in the State of Delaware and declares May 17, 2022, to be “Delta Day at the Delaware Capital.” (Passed the Senate 18 Yes, 0 No, 3 Absent and passed the House by Voice Vote)
House Concurrent Resolution 86, sponsored by Representative Minor-Brown, recognizes World Preeclampsia Day on May 22, 2022. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 103, sponsored by Senator Walsh, recognizes the importance of Direct Support Professionals to our state on the occasion of the May 19th “Green Wave” advocacy day, co-sponsored by A-Team Delaware and the Ability Network of Delaware. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 106, sponsored by Senator Pettyjohn, designates the week of May 8, 2022 to May 14, 2022, as National Charter Schools Week and commends Delaware's charter public schools for their efforts in educating Delaware students. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 108, sponsored by Senator Gay, recognizes May 2022 as Maternal Mental Health Awareness Month in Delaware. (Passed the Senate 21 Yes, 0 No)
Senate Concurrent Resolution 109, sponsored by Senator Gay, recognizes May 2022 as "Foster Care Month" in the State of Delaware. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 110, sponsored by Senator Pettyjohn, recognizes the urgent nature of the formula shortage and urges additional steps to address the infant formula shortage. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 111, sponsored by Senator Lopez, proclaims Thursday, May 19, 2022 as Global Accessibility Awareness Day in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
