Weekly Legislative Update: Week of 6/6/22
The Delaware General Assembly met on June 7-10, 2022 to discuss and vote on legislation intended to impact and improve the lives of all Delawareans. Lawmakers passed 50 bills and 9 resolutions. This legislation addressed changes/corrections to the Delaware Code, government operations, and highlighted specific issues/causes. Their important work included:
Senate Substitute 1 for Senate Bill 6, sponsored by Senator Sokola, creates the Delaware Large Capacity Magazine Prohibition Act of 2021. The Act includes clear definitions for the term “large-capacity magazine,” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition. After enactment, possession of a large-capacity magazine will be a class B misdemeanor for a first offense and a Class E felony for any subsequent offense. Those who possess a prohibited large-capacity magazine when this Act takes effect must, by June 30, 2022, relinquish the large-capacity magazine to a law enforcement agency in this State. This Act establishes a buyback program for large-capacity magazines, to be overseen by the Department of Safety and Homeland Security. (Passed the Senate 13 Yes, 7 No, 1 Absent)
House Substitute 1 for House Bill 25, sponsored by Representative Dorsey-Walker, with House Amendment 1, provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same-day registration at polling places will be permitted with submission of an application along with a copy of a current and valid government issued photo identification or a current government document displaying the name and address of the person registering to vote. The effective date is January 1, 2022. (Passed the House 24 Yes, 13 No, 4 Absent)
Senate Bill 305, sponsored by Senator Hansen, with Senate Amendment 1, known as the Delaware Climate Change Solutions Act, follows the issuance of Delaware’s Climate Action Plan in 2021, and establishes a statutory requirement of greenhouse gas emissions reductions over the medium and long term to mitigate the adverse effects of climate change due to anthropogenic greenhouse gas emissions on the State, establishing a mandatory and regularly updated plan to achieve those emissions reductions and develop resilience strategies for the State, and requires State agencies to address climate change in decision-making and rulemaking. (Passed the Senate 13 Yes, 6 No, 1 Not Voting, 1 Absent)
House Bill 395, sponsored by Representative Baumbach, with House Amendment 1, is the first leg of an amendment to the Delaware Constitution that would require legislators to remain domiciled in the districts they represent for the entirety of their term of office. Subsection (b) of this Act does not apply to sitting legislators who desire to change their residence to within the newly established district lines in order to continue to represent their district in the upcoming election. 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. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 450, sponsored by Representative Longhurst, with House Amendment 1, directs the Department of Safety and Homeland Security to develop a procedure for issuance of a voluntary certificate of possession to show lawful possession of an assault weapon prior to the effective date of the Delaware Lethal Firearms Safety Act of 2022. A gun owner is not required to apply for the certificate, but a certificate provides a conclusive means of proving lawful possession prior to the passage of this Act. The Department is not permitted to retain copies of issued certificates or identifying information of any applicant. The Act also adds a violation of this Act to the list of predicate crimes for possession of a weapon in a school zone. The Delaware Lethal Firearms Safety Act of 2022 prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. One exception is that the Act does not prohibit the possession and transport of firearms that were lawfully possessed or purchased before the effective date of this Act; although for these firearms there are certain restrictions relating to their possession and transport after the effective date of this Act. There are also exceptions for law-enforcement and military personnel in the course of their official duties, and a limited exception for retired law-enforcement personnel. Finally, a person lawfully in possession of an assault weapon prior to the passage of this Act may lawfully transfer the weapon to a member of their family, through inheritance or otherwise. (Passed the House 22 Yes, 19 No)
House Bill 343, sponsored by Representative Minor-Brown, with House Amendment 1, requires that the Division of Medicaid and Medical Assistance present a plan to the General Assembly by November 1, 2022, for coverage of doula services by Medicaid providers. (Passed the House 40 Yes, 0 No, 1 Absent)
Additional Legislation
AGRICULTURE
Senate Bill 261, sponsored by Senator Ennis, streamlines the appointment process for the Delaware Nutrient Management Commission, expands the definition of dairy farmer to include all cattlemen, consolidates the appointment authorities, and simplifies the number of representatives. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 304, sponsored by Senator Hansen, updates Chapter 15 of Title 3, the regulatory provisions for seeds, by making technical and substantive revisions. This Act makes the following corrections, in addition to technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual: 1. Updates the defined terms and reorganizes the terms into alphabetical order. 2. Corrects the names of plants. 3. Reorganizes the label requirements so there is a separate Code section for each category of seeds. 4. Updates the label requirements to align with federal law. 5. Adds references to applicable federal and state laws. 6. Corrects the enforcement provisions to align with current practices and terminology. 7. Repeals duplicative Code sections. 8. Uses gender-neutral language. This Act adds all of the following: 1. Specific requirements for hermetically sealed seed. 2. Labels include a clear "Sell By" date. 3. Definitions for the terms "Department", “germination”, and “hard seed”. 4. Revises the definitions of "origin", "pure seed", and "variety". (Passed the Senate 20 Yes, 0 No, 1 Absent)
CONSUMER PROTECTION
House Bill 77, sponsored by Representative Kowalko, with House Amendment 2, prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act does not apply to any of the following: 1. The sale of used products. 2. Furniture purchased for public use in public facilities 3. Thread or fiber used for stitching mattress components. 4. Children’s products that are not primarily intended for use in the home. 5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state. 6. Electronic components. (Passed the House 37 Yes, 4 No)
Senate Bill 260, sponsored by Senator Gay, increases the maximum amount of money the Department of Justice can keep in the Consumer Protection Fund at the end of each fiscal year from $3 million to $10 million. Increasing the retention cap from $3 million to $10 million will promote greater stability in funding the Division’s operations even during periods of volatility in the amount of money the Division brings in through its investigation and enforcement work, and will reduce the risk that the Division needs to seek funding for its critical operations out of General Fund appropriations. Increasing the retention cap will not affect ASF spending authorization for the Consumer Protection Fund, which will remain subject to the existing appropriations process. (Passed the Senate 20 Yes, 0 No, 1 Absent)
CRIMINAL JUSTICE
House Substitute 1 for House Bill 264, sponsored by Representative Griffith, with House Amendment 1, ermits a person who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration to apply for a sexual violence protective order if the person has a reasonable fear, based on specific conduct occurring contemporaneously or subsequent to the non-consensual sexual conduct or penetration, that the perpetrator of the sexual conduct will harm the petitioner in the future. An ex parte temporary order may be issued if a petitioner proves by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to the petitioner. The protective order is a civil remedy available whether or not the respondent has been charged with a crime and whether or not the petitioner reported the respondent’s conduct to law enforcement officials. (Passed the Senate XX Yes, XX No and passed the House 36 Yes, 1 No, 4 Absent)
Senate Bill 307, sponsored by Senator Poore, reflects the reality that “grooming” children for the purpose of committing crimes of sexual violence against them is often preceded by conduct that perpetrators know will make the child particularly susceptible to abuse. The bill requires proof that a person has engaged in three or more specific instances of conduct proscribed by the statute. Each of these predicate acts would not otherwise be considered criminal conduct, so the bill requires proof of a pattern of conduct aimed at a specific outcome. By outlawing “grooming,” the State will be explicitly empowered to stop a predator who engages in certain conduct with the intent to entice, persuade, induce, or coerce a child into participating in a sexual act with the perpetrator. A conviction for “grooming” is a stand-alone offense and is a felony punishable by up to 3 years in jail. (Passed the Senate 19 Yes, 0 No, 2 Absent)
House Bill 417, sponsored by Representative Griffith, clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child. (Passed the House 37 Yes, 0 No, 4 Absent)
DISABILITY
House Bill 382, sponsored by Representative Dorsey Walker, modernizes the portions of Titles 14, 29, and 31 relating to persons with blindness, including: - Updating the section’s language pertaining to the federal Vocational Rehabilitation (“VR”) program, which includes the Business Enterprise Program. (Passed the House 41 Yes, 0 No)
House Bill 383, sponsored by Representative Dorsey Walker, repeals parts of the Delaware Code, which relate to an individual who, by reason of loss or impairment of eyesight or hearing, has a right to be accompanied by a “seeing eye dog,” also known as a “guide dog,” in public conveyances; hotels; lodging places; all places of accommodation, amusement, or resort; and other places to which the general public is invited. The rights of an individual who is accompanied by a service dog are adequately and more appropriately protected through Chapter 45, Title 6 (Equal Accommodations), Chapter 95, Title 16 (Delaware White Cane Law); and Title 2 (Transportation Networks – No discrimination; accessibility). (Passed the House 41 Yes, 0 No)
House Bill 384, sponsored by Representative Dorsey Walker, repeals the Delaware Industries for the Blind (“DIB”). DIB closed operations in March 2017 after experiencing several challenges, including all of the following: Responding to the recession, reduction of resources permitted for state agencies to award employee recognition rewards, being classified as a sheltered workshop, and an ineffective and inefficient business model that ultimately resulted in cash flow issues. This Act also makes needed updates to § 9606, Title 16, which relates to the Blind Enterprise Program, a program under Delaware’s Division of Vocational Rehabilitation, authorized by the federal Randolph-Sheppard Act, and monitored by the federal Rehabilitation Services Administration. (Passed the House 41 Yes, 0 No)
ECONOMICS
Senate Bill 299, sponsored by Senator Brown, provides that Downtown Development Districts are limited in area based on the size of the municipality or unincorporated area in which they are located. Currently, while the Delaware Office of State Planning Coordination (OSPC) limits the size of Downtown Development Districts, those limitations are not set forth in the Delaware Code. This Act adopts and codifies the limits set by the OSPC for jurisdictions with a population of 9,000 or fewer persons and for jurisdictions with a population of 9,001 to 30,000 persons. It increases the limit currently set by OSPC for jurisdictions with more than 30,000 persons from 250 acres to 400 acres and codifies that increased limitation. (Passed the Senate 20 Yes, 0 No,1 Absent)
EDUCATION
Senate Bill 13, sponsored by Senator Pinkney, with Senate Amendment 1, creates a “Ban the Box” policy for postsecondary institutions in the state. “Ban the Box” or “Beyond the Box” policies refer to the removal of questions about one’s criminal conviction history on a college or job application. Research shows that questions about criminal conviction history deter individuals from applying to an institution and increase the likelihood of rejection, with a disproportionate effect on people of color. This Act promotes diversity by prohibiting academic institutions from inquiring into an applicant’s criminal conviction history, with limited exceptions for inquiries into certain types of offenses such as stalking and sexual assault. If the institution elects to deny an applicant because of a conviction for such an offense, it must disclose that fact to the applicant. After an applicant has been admitted, an institution may inquire into the applicant’s criminal conviction history for the limited purposes of offering counseling and making decisions concerning the applicant’s participation in campus life. In addition, the Act requires the Department of Education to compile and complete an annual report on admissions from each academic institution, including the race and gender of the applicants and of the accepted students. (Passed the Senate 15 Yes, 5 No, 1 Absent)
Senate Substitute 1 for Senate Bill 270, sponsored by Senator Hansen, establishes an evaluation and assessment system created by the Department of Education to determine whether a school facility is in good repair to assure that school facilities are clean, safe, and functional for staff and students. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 293, sponsored by Senator Hansen, with Senate Amendment 1, is companion legislation to Senate Bill 270. Currently, state code requires all school districts to match state-appropriated minor improvement funds with 40% local funds, regardless of a district’s ability to do so. This bill changes the requirements for the school district match for minor capital improvement funds to use the more equitable formula in place for major school construction projects. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 313, sponsored by Senator Sturgeon, expands the period in which an ARTC (Alternative Routes To Certification) program participant must meet the program requirements to obtain standard certification from 2 years to 3 years. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 336, sponsored by Representative S. Moore, provides school-based physical therapists who have graduated from an accredited college or university with the highest level master's or doctorate degree, and who have achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy, with base salaries of Master Plus 30 or Doctorate, and provides the ability to move forward on the salary schedule for additional credits earned. Since 2015, a doctorate degree is required in order to sit for the national physical therapy examination for licensure. (Passed the House 36 Yes, 0 No, 5 Absent)
House Bill 377, sponsored by Representative S. Moore, requires the Department of Education to conduct an annual workforce study of early childhood professionals to support the development of a plan and implementation of a system of supports to grow and deepen the early childhood workforce. (Passed the House 39 Yes, 0 No, 2 Absent)
ENVIRONMENT
Senate Substitute 1 for Senate Bill 134, sponsored by Senator Paradee, with Senate Amendment 1, prohibits a food establishment from providing consumers with a single-service plastic coffee stirrer, cocktail pick, or sandwich pick or with ready-to-eat food or a beverage in polystyrene containers. SB 134 also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. Senate Substitute No. 1 for Senate Bill No. 134 creates the same restrictions as SB 134, but updates and corrects terms and definitions, and includes additional exceptions for both polystyrene foam food service packaging and plastic straws. (Passed the Senate 12 Yes, 8 No, 1 Absent)
GOVERNMENT OPERATIONS
Senate Bill 234, sponsored by Senator Gay, updates the per diem compensation of any retired justice, judge, chancellor or vice-chancellor accepting an active duty designation from $250 per day to 1/365 of the annual salary for such a judicial officer. This is consistent with the per diem compensation provided to retired justices of the peace and commissioners of the Superior Court, the Family Court, and the Court of Common Pleas accepting an active duty designation. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 41 Yes, 0 No)
Senate Bill 281, sponsored by Senator Gay, clarifies various aspects of the State’s unclaimed property laws. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 303, sponsored by Senator Hansen, designates the Loggerhead Turtle as the official sea turtle for the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 310, sponsored by Senator Hansen, with Senate Amendment 1, updates the membership and responsibilities of the Governor’s Energy Advisory Council. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 381, sponsored by Representative Dorsey Walker, fulfills the Joint Legislative Oversight and Sunset Committee’s conclusion after a thorough review that Family Law Commission (FLC) should be terminated. FLC’s role in the progress of the modern-day Family Court cannot be diminished, and it is a testament to its previous success that it is no longer needed to ensure a working Family Court in the State of Delaware. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 398, sponsored by Representative Kimberly Williams, renames the Human Trafficking Interagency Coordinating Council as the Delaware Anti-Trafficking Action Council (Council) for the purpose of providing a clearer description of the work that the Council performs. This Act also transfers the Council from under the authority of the Department of Health and Social Services (DHSS) to the Criminal Justice Council. DHSS's clerical staffing duty is removed. (Passed the House 41 Yes, 0 No)
HEALTH AND SOCIAL REFORM
House Substitute 1 for House Bill 206, sponsored by Representative Kimberly Williams, with House Amendment 1, requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services (DHSS) who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry. An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or IV may not be an employee, contractor, or volunteer in any capacity that involves visiting children in their homes or the community or having regular, direct access to children. (Passed the House 41 Yes, 0 No)
Senate Bill 300, sponsored by Senator McBride, updates the mandatory reporting requirements for Delaware physicians with anxiety, depression, and other mental health challenges. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 368, sponsored by Representative Wilson-Anton, deletes from the Delaware Code a derogatory and highly offensive term for Italian, Spanish, and Portuguese-American immigrants. (Passed the House 41 Yes, 0 No)
HEALTH CARE CAPACITY
House Bill 303, sponsored by Representative Longhurst, with House Amendment 2, amends Chapter 33, Title 18 of the Delaware Code by adding a new § 3370E to require coverage of an annual behavioral health well check. This bill also amends Chapter 35, Title 18 of the Delaware Code by adding a new § 3571Z to require coverage of an annual behavioral health well check. This bill also amends Chapter 5, Title 31 of the Delaware Code by adding a new § 530 to require coverage of an annual behavioral health well check. This bill also amends Chapter 52, Title 29 of the Delaware Code by adding a new § 5215 to require coverage of an annual behavioral health well check. Finally, the bill creates an advisory committee of health professionals tasked with creating recommendations for implementation of the Act. The requirement for coverage of the behavioral health well check is effective January 1, 2023. (Passed the House 40 Yes, 1 No)
Senate Bill 272, sponsored by Senator Gay, with Senate Amendment 1, enables Delaware to join the Audiology and Speech-Language Pathology Interstate Compact (the “Compact”). The Compact is an interstate compact, or a formal agreement among states, to facilitate the interstate practice of audiology and speech-language pathology. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 283, sponsored by Senator Mantzavinos, with Senate Amendment 2, adds a requirement that practitioners licensed by the Board of Medical Licensure and Discipline and the Board of Nursing, must complete one hour of continuing education in each reporting period on the topic of diagnosis, treatment, and care of patients with Alzheimer’s disease or other dementias. (Passed the Senate 19 Yes, 0 No, 1 Not Voting, 1 Absent)
Senate Bill 309, sponsored by Senator Hansen, prohibits the denial of insurance coverage under § 716(a) for chiropractic supportive care, which constitutes maintenance therapy. This requirement applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2023. In addition, this Act clarifies, but does not expand, the insurance coverage subject to the requirements under § 716(a), states that the requirements under this subsection cannot be waived by contract, and requires that the regulations implementing § 176 establish utilization review standards. This Act also updates the definitions in Chapter 7 of Title 24 to be consistent with the current scope of chiropractic practice and makes corresponding revisions to the terms used in existing law. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 340, sponsored by Representative Minor-Brown, with House Amendment 1, changes the name of the Commission, from “Child Death Review Commission” to “Child and Maternal Death Review Commission” to reflect the intended dual focus of the Commission. The definition of “maternal death” is updated to include death during pregnancy or within a year from the end of pregnancy, and related to, or aggravated by, the pregnancy or birth, including death by suicide. The membership of the Commission is updated to include a midwife, a doula, and a member of a community group focused on women’s health, teen pregnancy, or public health. (Passed the House 41 Yes, 0 No)
HOUSING
Senate Bill 317, sponsored by Senator Walsh, is identical to Senate Substitute No. 1 to Senate Bill No. 9, which establishes new formulas that a community owner is allowed to use to increase rent in a manufactured home community. (Passed the Senate 18 Yes, 1 No, 1 Not Voting, 1 Absent)
PUBLIC SAFETY
House Bill 394, sponsored by Representative Lambert, provides that the Department of Correction must provide a copy of all policies relating to the accrual and forfeiture of good time to inmates, as well as a quarterly written accounting of good time credit earned and/or forfeited. The requirement that all accrued time must be forfeited upon conviction of any crime within custody, the complete forfeiture will apply only to commission of felonies. Forfeiture of good times for rule violations is changed to apply only to Class I disciplinary violations. The Act also updates § 4322 of Title 11 to allow dissemination of Department of Correction policies and procedures to inmates and the public where such dissemination would not endanger safety or security of a correctional facility, corrections staff, inmates, or the public. (Passed the House 41 Yes, 0 No)
RACIAL JUSTICE
House Bill 375, sponsored by Representative Bolden, with House Amendment 1, establishes the Racial Equity Consortium (“Consortium”) for the purposes of studying and making recommendations to address the disparities and inequities faced by persons of color in this State. The African American Task Force, established by Senate Bill No. 260 of the 150th General Assembly (§ 39 of Chapter 243 of Volume 82 of the Laws of Delaware), recommended that the Consortium be established. The Consortium is charged, in part, with working to implement and continuing to study the findings of the Task Force. The Consortium’s membership includes representatives of organizations that are currently working on issues of racial justice to leverage existing resources and efforts and to promote collaboration. (Passed the House 40 Yes, 0 No, 1 Absent)
TRANSPORTATION
Senate Bill 269, sponsored by Senator Paradee, creates a special license plate for the Boy Scouts of America. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 288, sponsored by Senator Ennis, with Senate Amendment 1, would create a pilot program whereby motorcyclists are permitted to use flashing headlights as a way to alert other drivers of their presence, without allowing the use of flashing lights that would otherwise be used on emergency vehicles. The bill aims to protect motorcyclists on Delaware’s roads and has a sunsetting provision that will allow time for further traffic studies to determine the effectiveness of this pilot program. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 401, sponsored by Representative Mathews, amends Title 21 to specify the requirements for an applicant to obtain or renew a motor vehicle dealer license and aligns the requirements with other state licensing requirements. The current law only requires the applicant to show they have and will comply with the laws of this state and other states. Due to the statute’s current ambiguity, the Division of Motor Vehicles is often asked to review an applicant’s criminal history prior to submission of a full application which makes it difficult for the Division to determine if the applicant qualifies for licensure. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 408, sponsored by Representative Chukwuocha, would add the designation that the holder is a veteran to the Delaware Driver License or Identification Card upon request. Adding designation that the holder is a veteran to a Driver's License or Identification Card would eliminate the need for a veteran to carry a separate card or official discharge forms in order to prove their service. (Passed the House 40 Yes, 0 No, 1 Absent)
WOMEN’S RIGHTS
House Bill 342, sponsored by Representative Minor-Brown, with House Amendment 1 and House Amendment 2, expands the protection that prohibits the use of restraints on women who are giving birth or in labor except in limited circumstances to include women in the second or third trimester of pregnancy and those in the 13-week immediate postpartum period. Wrist restraints fastened in front of the body may be used during transport except during labor or delivery or while being transported with a newborn. Wrist, leg, and waist restraints may also be used in extraordinary circumstances, but a licensed medical professional must be notified as soon as practicable when waist or leg restraints are applied and examine the prisoner within 10 minutes of the notification. Leg and waist restraints are prohibited for prisoners in labor and delivery. The Act also requires that a pregnant or postpartum woman who is required to squat or cough during a strip search be provided accommodations to avoid falls and prohibits vaginal exams except those performed by a medical professional. The American College of Obstetricians and Gynecologists states that shackling a pregnant inmate increases the risk of falling, impairs evaluations for serious pregnancy-associated conditions, causes pain and skin damage, and further endangers inmates at increased risk of preeclampsia. The use of restraints in the post-partum period creates additional risks to physical and mental health. (Passed the House 39 Yes, 0 No, 2 Absent)
WORKFORCE
Senate Substitute 1 for Senate Bill 35, sponsored by Senator Walsh, with Senate Amendment 1, defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, providing specific penalties for these violations, and creates a new criminal offense of wage theft, with a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution. Clearly defining wage theft protects Delaware workers and Delaware taxpayers from employers who pay their employees “under the table” because this practice results in lost tax revenue to this State and exposes employees to personal risk in the areas of unemployment compensation and workplace injuries. (Passed the Senate 17 Yes, 3 No, 1 Absent)
OTHER
Senate Bill 259, sponsored by Senator Gay, increases the amount of funds deposited into the Investor Protection Fund from money collected by the Investor Protection Unit from $100,000 to $550,000. In addition, it increases the retention cap of the Investor Protection Fund from $300,000 to $750,000. Lastly, it expands the permissible uses of the Investor Protection Fund to include expenses of the Fraud and Consumer Protection Division of the Department of Justice (DOJ) related to consumer protection and financial fraud. The Investor Protection Fund receives revenues from fees collected by the Unit, as well as any settlement recoveries of the Unit. It is largely used to pay the non-personnel expenses of the DOJ's Investor Protection Unit, which is a part of DOJ’s Fraud and Consumer Protection Division. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Bill 296, sponsored by Senator Gay, bill raises the threshold for licensed property appraisers so that they may appraise residential units valued at $400,000.00 or less as a way to meet market demand. It also changes the requirements for licensure, such that property appraisers must file annual certificates but only renew their registrations every other year. (Passed the Senate 20 Yes, 0 No, 1 Absent)
House Bill 418, sponsored by Representative Mathews, amends Title 17 of the Delaware Code to allow for right of way acquisitions to commence upon the approval of final right of way plans on a parcel by parcel basis. This will improve project delivery by allowing acquisitions on finalized parcels to begin earlier. This Act also adds a requirement for notification to adjoining property owners when parcels with minimal independent utility are available for disposal. This Act amends the reporting date for properties being held for projects, properties deemed surplus, and for excess and unmarketable properties to be submitted by the end of the calendar year, which aligns it with other reporting requirements. (Passed the House 41 Yes, 0 No, 1 Absent)
RESOLUTIONS
House Joint Resolution 7, sponsored by Representative S. Moore, directs the Delaware Emergency Management Agency (DEMA) and Division of Public Health (DPH) to conduct After Action Reviews to assess the State’s pandemic response. DEMA and DPH are also maintaining the ability to increase personnel and supplies as needed in response to future surges of COVID-19. Additionally, the Joint Resolution directs the Legislative and Executive branches to work together on initiatives to combat the effects of the COVID-19 pandemic. (Passed the House 37 Yes, 0 No 4 Absent)
House Concurrent Resolution 88, sponsored by Representative S. Moore, encourages the General Assembly to prioritize funding for Social-Emotional Learning (SEL) in schools, and to work collaboratively with the Delaware Department of Education and other stakeholders to promote the use of SEL in school districts and charter schools. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 89, sponsored by Representative Schwartzkopf, celebrates the 125th Anniversary of the Constitution of the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 90, sponsored by Representative Schwartzkopf, encourages the Department of Education, in consultation with key stakeholders, to identify age-appropriate lessons for students in grades 7-12 related to LGBTQ+ history by the start of 2024-25 school year. It also encourages the Department of Education to survey school districts and charter schools regarding the utilization of related materials and short lessons by the end of the 2024-25 school year. (Passed the Senate 18 Yes, 2 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 91, sponsored by Representative S. Moore, requests that the Delaware State Housing Authority (DSHA) conduct a comprehensive statewide assessment of affordable housing, particularly for moderate and low-income families and first-time home buyers, including existing and proposed DSHA loan and grant programs and provide this assessment to the General Assembly no later than January 1, 2023. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
House Concurrent Resolution 92, sponsored by Representative Baumbach, supports the signing of a bilateral trade agreement (BTA) between the United States and the Republic of China (TAIWAN), strengthening the sisterhood partnership between the state of Delaware and Taiwan, and reaffirming support for Taiwan’s meaningful participation and contributions in international Organizations. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
Senate Concurrent Resolution 112, sponsored by Senator Wilson, recognizes September 2022 as "Prostate Cancer Awareness Month" in the State of Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent)
Senate Concurrent Resolution 113, sponsored by Senator Mantzavinos, recognizes the month of June as "Alzheimer's and Brain Awareness Month" in Delaware. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House by Voice Vote)
Senate Concurrent Resolution 114, sponsored by Senator Lockman, recognizes the week of June 6 as Arts and Culture Week in Delaware. (Passed the Senate 19 Yes, 0 No, 2 Absent)
