Weekly Legislative Update: Week of June 13th - 17th
The Delaware General Assembly met on June 14-16, 2022 to discuss and vote on legislation intended to impact and improve the lives of all Delawareans. Lawmakers passed 62 bills and 10 resolutions. This legislation addressed changes/corrections to the Delaware Code, government operations, and highlighted specific issues/causes. Their important work included:
Senate Bill 8, sponsored by Senator Sokola, with Senate Amendment 1, defines the term machine gun as it is defined under federal law. Defining the term machine gun makes clear the types of weapons prohibited under Delaware law, including an auto sear, or “glock switch”, which transforms a semiautomatic gun into a machine gun. Additionally, this Act prohibits a person from making a destructive weapon, including a machine gun. (Passed the Senate 13 Yes, 8 No)
Senate Substitute 1 for Senate Bill 6, sponsored by Senator Sokola, with House Amendment 3, creates the Delaware Large-Capacity Magazine Prohibition Act of 2022, which does the following: (1) Includes a clear definition for the term “large-capacity magazine” as an ammunition feeding device with a capacity to accept more than 17 rounds of ammunition. (2) Prohibits the manufacture, sale, offer for sale, purchase, receipt, transfer, or possession of a large-capacity magazine. Violation of this prohibition is a class E felony. (3) Prohibits the possession of a large-capacity magazine during the commission of a felony. Violation of this prohibition is a class B felony. This Substitute Act also 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 and passed the House 23 Yes, 18 No)
Senate Bill 302, sponsored by Senator Townsend, is named for Keshall “KeKe” Anderson. KeKe was an innocent bystander who was killed in a 2016 shooting involving a firearm purchased through a straw purchase. In 2019, in a lawsuit by KeKe’s family against the dealer of the firearm involved in her death, the Delaware Supreme Court affirmed the Superior Court’s decision interpreting § 1448A of Title 11 of the Delaware Code to grant a firearm dealer full immunity from liability, even if the firearm dealer is negligent in selling a firearm to a straw purchaser. See Summers v. Cabela’s Wholesale, Inc., 2019 Del. Super. LEXIS 156 (Del. Super. 2019), aff’d, Summers v. Cabela’s Wholesale, Inc., 2019 Del. LEXIS 524 (Del. 2019). The repeal in Section 2 of this Act means victims and their families may seek relief from courts and juries instead of being denied their day in court. Section 3 of this Act provides a cause of action to enable firearm manufacturers and retail dealers to be held accountable when they knowingly or recklessly take actions that endanger the health and safety of residents of this State through the sale, manufacture, distribution, and marketing of firearm-related products. (Passed the Senate 13 Yes, 8 No)
House Bill 423, sponsored by Representative Mitchell, with House Amendment 1, permits states to require federal firearms licensees (FFLs) to conduct background checks through a state agency, or point of contact, instead of directly through the National Instant Criminal Background Check System (NICS). This Act creates the Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification (SBI) of the Delaware State Police and designates the SBI's FTAP as the point of contact between an FFL and the federal databases checked by the Federal Bureau of Investigation for purposes of conducting background checks for firearm purchases or transfers. (Passed the Senate 21 Yes, 0 No and passed the House 41 Yes, 0 No)
House Bill 455, sponsored by Representative Minor Brown, defines “reproductive health services” for the Board of Medical Practice, the Board of Nursing, and Regulatory Council for Physician Assistants, and makes clear that physicians, physician assistants and nurses who perform, recommend, or provide reproductive health services, if such services are lawful in this State, do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state. (Passed the House 24 Yes, 13 No, 4 Absent)
House Bill 450, sponsored by Representative Longhurst, with House Amendment 1, prohibits the manufacture, sale, offer to sell, transfer, purchase, receipt, possession, or transport of assault weapons in Delaware, subject to certain exceptions. (Passed the Senate 13 Yes, 8 No and passed the House 22 Yes, 19 No)
House Bill 451, sponsored by Representative Schwartzkopf, with House Amendment 3, House Amendment 6, House Amendment 8, makes a person under the age of 21 prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition of a firearm except under limited circumstances. Those circumstances are if the person is 18 years of age or older and an active member of the Armed Forces, a qualified law-enforcement officer, or has a license to carry a concealed deadly weapon. (Passed the House 27 Yes, 13 No, 1 Absent)
Additional Legislation
AGRICULTURE
House Bill 433, sponsored by Representative Carson, clarifies what constitutes a sawmill in the State of Delaware and adds definitions related to agriculture and silviculture. This Act recognizes forest products as unadulterated materials and makes clear their importance to support a thriving industry that maintains sustainable and healthy forests. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 471, sponsored by Representative Carson, will help to protect the safety and security of individuals, agricultural operations, and animals and avoid any vulnerabilities that disclosure poses on the control and eradication of disease among animal species. This Act also revises Title 29 to identify information regarding the control of disease as defined in § 106 of Title 3 as not being a public record under the Freedom of Information Act. (Passed the House 39 Yes, 0 No, 2 Absent)
CRIMINAL JUSTICE
House Bill 271, sponsored by Representative Gay, abolishes citizen warrants in the Justice of the Peace Court and creates a requirement that all warrants must issue only by information sworn to by a law-enforcement officer. (Passed the Senate 21 Yes, 0 No)
House Bill 419, sponsored by Representative Minor-Brown, with House Amendment 1, mirrors efforts in other states by prohibiting the knowing use of false statements about evidence, or false or misleading promises of leniency during custodial interrogations of persons under the age of 18. Any statement elicited from a person in violation of this section is inadmissible in any subsequent juvenile delinquency or criminal court proceeding. (Passed the House 34 Yes, 7 No)
ECONOMICS
Senate Substitute 1 for Senate Bill 222, sponsored by Senator Townsend, with House Amendment 2, 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 18 Yes, 1 No, 2 Absent and passed the House 28 Yes, 13 No)
House Bill 412, sponsored by Representative K. Johnson, revises the property tax exemption process for New Castle County by updating the application process to reflect the current organization of New Castle County government. (Passed the House 38 Yes, 0 No, 3 Absent)
EDUCATION
House Bill 315, sponsored by Representative Heffernen, with House Amendment 2, provides unit funding for full time employees who shall be hired to provide permanent substitute teaching support in Delaware schools. The bill also provides professional development requirements for those hired into these positions and creates a pathway to teaching to those individuals who meet the requirements for an emergency certificate. (Passed the House 40 Yes, 0 No, 1 Absent)
Senate Bill 327, sponsored by Senator Hansen, addresses the relation between land development and school capacity and facilitates greater coordination between the counties and local school districts with regard to planning. Section 1 of the Act amends Chapter 26 of Title 9 of the Delaware code pertaining to New Castle County by requiring that New Castle County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts. Section 2 of the Act makes these same changes to Chapter 49 of Title 9, concerning Kent County, and Section 3 of the Act makes these same changes to Chapter 69 of Title 9, concerning Sussex County. Section 4 of the Act directs the Department of Education to develop guidance and policies for implementing Sections 1, 2, and 3 of the Act. The Department of Education is to develop these guidance and policies by July 1, 2024. Section 5 of the Act provides that, effective as of January 1, 2023, the Counties must include the educational element in their comprehensive plans within the next comprehensive plan update following the Act’s enactment into law. (Passed the Senate 21 Yes, 0 No)
House Bill 380, sponsored by Representative Griffith, with House Amendment 1, establishes a Student Loan Repayment Program for attorneys employed with the State of Delaware working as attorneys. The program allows qualified applicants to apply for a payment from the State to the applicant’s lending agency to pay a portion of the applicant’s student loan debt. The purpose of the program is to improve recruitment and retention for legal service providers at a time when the state is having difficulty attracting attorneys passionate about public service. The amount of the award shall be no less than $2,500 and no more than $5,000 annually for 10 years. There is a salary cap of $110,000. The program will be administered by the Criminal Justice Council and overseen by a committee of stakeholders in the state’s legal system. (Passed the House 31 Yes, 9 No, 1 Absent)
House Bill 388, sponsored by Representative Hensley, with House Amendment 1 and House Amendment 2, authorizes the application of funds from the Delaware School Safety and Security Fund, which is subject to available appropriations, for the retention of constables to be utilized by the Local Education Agencies (LEAs). (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 430, sponsored by Representative Kimberly Williams, creates a statewide Grow Your Own Educator Program to improve recruitment, retention, and diversity of educators in Delaware public schools. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 436, sponsored by Representative Chukwuocha, extends the dates in which the recommendation and plan of the Redding Consortium for Educational Equity must be reviewed and acted upon by the State Board of Education. The extension is necessary due to delays mostly caused by the COVID pandemic. (Passed the House 39 Yes, 0 No, 2 Absent)
House Bill 441, sponsored by Representative Kimberly Williams, provides an alternative means for an educator to demonstrate competency and achieve a standard certificate beyond simply passing a content exam, such as the Praxis II. For those who are within 2 standard errors of measurement of the passing score, a certificate will be issued if the applicant has either (i) a GPA of 3.5 or higher; or (ii) a GPA between 3.0 and 3.49 and demonstrated competency through micro-credentialing, successful completion of a residency, or passing scores on performance assessments. Special education, administrator, and specialist certifications are not available through this alternate measure. This Act sunsets 1 year after its enactment unless extended through a subsequent act of the General Assembly. (Passed the House 41 Yes, 0 No)
House Bill 454, sponsored by Representative Heffernen, proposes to keep the established exit point for free appropriate public education (FAPE) available to all children with disabilities “between the ages of 3 and 21” to minimize service interruptions and only change the age from the end of the school year in which a child turns 21 to the end of the school year in which a child turns 22. (Passed the Senate XX Yes, XX No and passed the House 40 Yes, 0 No, 1 Absent)
ELECTIONS
Senate Bill 320, sponsored by Senator Gay, with Senate Amendment 2 and Senate Amendment 27, establishes voting by mail under the General Assembly’s broad powers under Article V of the Delaware Constitution to “prescribe the means, methods and instruments of voting”. (Passed the Senate 13 Yes, 0 No)
GOVERNMENT OPERATIONS
Senate Bill 268, sponsored by Senator Gay, reflects the Administrative Office of the Courts’ current managerial authority and budgetary control over the Judicial Information Center, the Office of State Court Collections Enforcement, and the law libraries. Title 10 § 1941 is repealed in its entirety as the use of the law libraries is no longer limited solely to judges. Spaces have been modernized to accommodate use by lawyers, self-represented litigants, and members of the public to conduct legal research and access other legal resources. (Passed the Senate 21 Yes, 0 No)
Senate Bill 318, sponsored by Senator Gay, unifies all Judicial Branch employees under the Judicial Branch Personnel Rules, thus revising a bifurcated personnel administration system for judicial branch employees in constitutionally-created and legislatively-created courts. This Act recognizes and respects the constitutional powers vested in the Chief Justice, as the administrative head of the Judicial Branch, to govern Judicial Branch employment relations. This Act will not curtail any bargained-for employment rights currently held by Judicial Branch employees covered by the Merit System. Instead, this Act will simplify matters of personnel administration for the Judicial Branch by having one consistent set of rules and processes to apply equally to all Judicial Branch employees. This Act will become effective for all current and future Judicial Branch employees within six months from the date of enactment. (Passed the Senate 21 Yes, 0 No)
House Bill 397, sponsored by Representative Bolden, is the Department of Finance's Annual "housekeeping" legislation that updates various aspects of Title 29 and Title 30 of the Delaware Code. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House 38 Yes, 0 No, 3 Absent)
House Bill 411, sponsored by Representative Schwartzkopf, is 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. (Passed the Senate 21 Yes, 0 No and passed the House 38 Yes, 0 No, 3 Absent)
House Bill 425, sponsored by Representative Schwartzkopf, with House Amendment 3, makes needed changes to the Lyme Disease Oversight Board by adding 2 members including an infectious disease epidemiologist and a licensed veterinarian or entomology specialist. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 434, sponsored by Representative Griffith, removes the sunset clause in 9016F (formerly 9016C) Chapter 90C of Title 29 of the Delaware Code and allows for the establishment of a shared IT services model for state agencies. The shared services model centralizes the following duties and related executive branch personnel under DTI: technology end user support, cyber security, network management, server management, data management, IT project management, software application development/support, IT procurement oversight, IT fiscal planning, IT standards, and technology governance. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 446, sponsored by Representative Bush, will allow the members and Chairperson of the Board of Assessment Review to receive the same compensation as those appointed to all other boards and commissions by the Kent County Levy Court. (Passed the House 39 Yes, 0 No, 2 Absent)
House Bill 461, sponsored by Representative Griffith, modifies Superior Court’s statute pertaining to creation of the Court’s record. Previously, the statute only contemplated stenographic recording of court proceedings. Technology has advanced which permits the Court to utilize other methods, in addition to stenographers, to create the court’s record. This Act updates the statutory language related to cassed the House 39 Yes, 0 No, 2 Absent)
HEALTH AND SOCIAL REFORM
House Bill 273, sponsored by Representative Osienski, updates the synthetic cannabinoids listed on Schedule I of the Uniform Controlled Substances Act by using broader language so that new synthetic cannabinoids created after the enactment of this Act fall within this definition without needing to be specifically listed. (Passed the Senate 19 Yes, 2 No and passed the House 37 Yes, 0 No, 4 Absent)
House Bill 276, sponsored by Representative Bennett, ensures those with medical cannabis cards are still able to own firearms under Delaware law. (Passed the House 41 Yes, 0 No)
House Bill 432, sponsored by Representative Griffith, prohibits minor parents from executing a voluntary acknowledgment of paternity. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 462, sponsored by Representative Griffith, with House Amendment 1, permits multidisciplinary team members to share information freely amongst themselves to better protect the welfare of abused children in the State of Delaware. This Act also establishes a framework for parties in Family Court civil proceedings to have access to records created and maintained by a child advocacy center related to forensic interviews it conducts such that the Family Court can utilize those records to avoid re-traumatizing children by having to interview them again as part of court proceedings. (Passed the House 39 Yes, 0 No, 2 Absent)
HEALTH CARE CAPACITY
House Bill 300, sponsored by Representative Longhurst, with House Amendment 1, establishes a mental health services unit for Delaware middle schools. The unit is phased in over 3 years, beginning in FY2023, to arrive at a final ratio of 250 full-time equivalent students grades 6-8 for a full-time school counselor, school social worker, or licensed clinical social worker. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 348, sponsored by Representative S. Mooore, provides nationally certified occupational therapists with a salary supplement for receiving national certification. (Passed the House 38 Yes, 0 No, 3 Absent)
House Bill 387, sponsored by Representative Smyk, is made to authorize Paramedics and other Emergency Medical Services Personnel to provide medical care to Police Dogs injured at the scene of an emergency. This Act also grants civil and criminal immunity to such Emergency Employees who provide medical services to Police Dogs, so long as their efforts to assist the Police Dog were in good faith. However, it does clarify that in a situation where a person and a Police Dog need Emergency Medical Care at the same time the Medical Services Personnel are prohibited from providing care to the Police Dogs over the Individual Person, if the care of the Police Dog would hinder the Person’s Care. (Passed the House 40 Yes, 0 No, 1 Absent)
House Bill 442, sponsored by Representative Bentz, with House Amendment 1, serves to replace Executive Order Twenty-Five which established Delaware’s Spending and Quality Benchmark initiative in 2018. The codification of these benchmarks supports the continuation of Delaware’s Road to Value by improving the transparency of health care spending and quality, as well as providing attainable goals needed to achieve better health care, lower costs, and healthier communities. (Passed the House 40 Yes, 0 No, 1 Absent)
HOUSING
Senate Substitute 1 for Senate Bill 312, sponsored by Senator Walsh, requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.(Passed the Senate 20 Yes, 0 No, 1 Not Voting)
House Bill 386, sponsored by Representative Baumbach, prohibits a landlord from requiring a tenant to declaw a cat as a condition for entering into or renewing a rental agreement. (Passed the House 24 Yes, 13 No, 1 Not Voting, 3 Absent)
PUBLIC SAFETY
Senate Bill 308, sponsored by Senator Mantsavinos, with Senate Amendment 1, brings Delaware into conformity with national standards on fire safety dampers and smoke dampers. It requires all buildings of public accommodation and shared residential buildings to conform to standards that will ensure life-saving alarms and fire dampening efforts are safe and up to nationally recognized standards. (Passed the Senate 19 Yes, 0 No, 2 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 Senate 21 Yes, 0 No and passed the House 40 Yes, 0 No, 1 Absent)
VETERANS
House Bill 61, sponsored by Representative Smyk, with House Amendment 1, creates a special license plate for Combat Veterans. (Passed the House 39 Yes, 0 No, 2 Absent)
WOMEN’S RIGHTS
House Bill 345, sponsored by Representative Minor-Brown, ensures pregnant women and women who have given birth within the past six weeks who are subject to the custody of the Department of Corrections at Level IV or V have access to midwifery and doula services by requiring the Department to make reasonable accommodations for provision of available midwife or doula services. This Act requires the Department to establish and provide midwifery services subject to the availability of funds designated for that purpose. This Act also requires the Department to provide written notice to pregnant and postpartum women subject to the custody of the Department at Level IV or V of the availability of midwifery and doula services. (Passed the House 41 Yes, 0 No)
WORKFORCE
Senate Bill 315, sponsored by Senator Walsh, makes substantial changes to clarify and modernize parts of the Workers’ Compensation Act, Chapter 23 of Title 19 of the Delaware Code. (Passed the Senate 19 Yes, 0 No, 2 Absent)
OTHER
Senate Bill 180, sponsored by Senator Brown, revises the circumstances under which an applicant can be denied a license by the Real Estate Commission because of a criminal conviction. (Passed the Senate 19 Yes, 0 No, 2 Absent)
Senate Substitute 1 for Senate Bill 258,sponsored by Senator Lopez, with House Amendment 1, 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 and passed the House 39 Yes, 0 No, 2 Absent)
Senate Bill 273, sponsored by Senator Gay, makes multiple changes to the Delaware Code related to general corporate law. (Passed the Senate 20 Yes, 0 No, 1 Absent and passed the House 38 Yes, 0 No, 3 Absent)
Senate Bill 274, sponsored by Senator Gay, with House Amendment 1, continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. (Passed the Senate 21 Yes, 0 No, and passed the House 40 Yes, 0 No, 1 Absent)
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 and passed the House 38 Yes, 0 No, 3 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 and passed the House 38 Yes, 0 No, 3 Absent)
Senate Bill 297, sponsored by Senator Sokola, adopts the Uniform Law Commission's Revised Uniform Athlete Agents Act ("Revised Act"), revising Chapter 54, Title 24 of the Delaware Code, which is based on the Uniform Law Commission's Uniform Athlete Agents Act ("Uniform Act"). The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” (Passed the Senate 19 Yes, 0 No, 2 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 21 Yes, 0 No, 1 Absent and passed the House 39 Yes, 0 No, 2 Absent)
Senate Bill 319, sponsored by Senator Townsend, creates a special license plate for atTAcK addiction. (Passed the Senate 21 Yes, 0 No)
Senate Bill 321, sponsored by Senator Pinkney, with House Amendment 1, broadens the scope of mental health practitioners who are authorized by statute to conduct examinations with inmates for purposes of advising the Board of Pardons on matters material to the Board’s scope of review. This will enable licensed mental health practitioners and other clinical mental health professionals to participate in the process of evaluating and reporting upon an offender’s mental health history, likelihood to reoffend, and other pertinent matters that will assist the deliberative process of the Board of Pardons. (Passed the Senate 21 Yes, 0 No)
House Bill 324, sponsored by Representative Bush, enacted by the 148th General Assembly (80 Del. Laws c. 287) 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, this Act 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 Senate 19 Yes, 0 No, 2 Absent and passed the House 37 Yes, 1 No, 1 Not Voting, 2 Absent)
Senate Bill 328, sponsored by Senator Sokola, renames the Blackbird State Forest’s Meadows Tract the “Ennis Tract” in honor of Senator Bruce C. Ennis. The Blackbird State Forest’s Meadows Tract covers 456 acres with open meadows, forested trails, and three ponds, and includes one of Delaware’s two forest education centers. The Meadows Tract is part of an ecologically critical zone connecting the Chesapeake and Delaware Bays. The Blackbird State Forest is managed by the Department of Agriculture and is a popular destination for hiking, horseback riding, nature watching, camping, and hunting.(Passed the Senate 21 Yes, 0 No)
House Bill 333, sponsored by Representative Bennett, with House Amendment 3, amends Title 16 by prohibiting all persons from declawing a cat; a procedure defined as a onychectomy, dactylectomy, phalangectomy, tendonectomy, or any other procedure that removes a portion of the paw or digit of a cat in order to remove a claw or cuts or modifies the tendon of the limb, paw, or digit of a cat to prohibit the extension of a claw. The Act excludes declawing a cat for therapeutic purposes as defined in the Act. A violation under the Act will be considered a civil offense subject to a civil fine up to $1,000. This Act also amends Title 24 specifying that if a veterinarian or a veterinarian technician is found to have declawed a cat, such act will be considered to have been acting “cruel to animals”, and they will be subject to professional disciplinary action. (Passed the House 25 Yes, 14 No, 2 Absent)
House Bill 404, sponsored by Representative Minor-Brown, with House Amendment 2, provides that it is the policy of this State to allow entry to professions and occupations with licensing requirements for individuals with a criminal history to the maximum extent consistent with public safety. (Passed the House 41 Yes, 0 No)
House Bill 429, sponsored by Representative Bush, adds a “guaranteed asset protection waiver” to the instruments that are exempt from insurance regulation. (Passed the House 38 Yes, 0 No, 3 Absent)
House Substitute 1 for Senate Bill 431, sponsored by Representative Morris, creates a special license plate for Whitetails Unlimited. (Passed the Senate 21 Yes, 0 No and passed the House 36 Yes, 0 No, 1 Not Voting, 4 Absent)
House Bill 449, sponsored by Representative Osienski, with House Amendment 1, creates a new chapter in Title 24 and establishes a regulatory State Board of Elevator Mechanics consisting of 5 members appointed by the Governor including 1 public member, 1 member representing the elevator industry,1 member primarily engaged in elevator repair or maintenance, 1 representing elevator inspection, consulting or engineering firms, and 1 representing a labor organization for elevator mechanics and apprentices. (Passed the House 41 Yes, 0 No)
RESOLUTIONS
House Resolution 24, sponsored by Representative Spiegelman, recognizes the public health and societal benefits of service dogs and therapy dogs and the people and organizations who train and support them. (Passed the House by Voice Vote)
House Resolution 25, sponsored by Representative Schwartzkopf, recognizes Thursday, June 16, 2022, as “Staff Appreciation Day” in the House of Representatives. (Passed the House by Voice Vote)
House Concurrent Resolution 93, sponsored by Representative Briggs-King, recognizes June 2022 as “Post-Traumatic Stress Injury Month” and June 27, 2022, as “Post-Traumatic Stress Injury Day”, and encourages State agencies to continue their work educating victims of assault or abuse, combat, serious accidents, and natural disasters about the causes, symptoms, and treatment of PTSI. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House by Voice Vote)
House Concurrent Resolution 94, sponsored by Representative Kimberly Williams, recognizes June 15, 2022, as "Delaware Elder Abuse Awareness Day" and encourages all of Delaware's citizens to learn about how to protect and nurture our elderly citizens. (Passed the Senate 19 Yes, 0 No, 2 Absent and passed the House by Voice Vote)
House Concurrent Resolution 95, sponsored by Representative Schwartzkopf, recognizes the young men participating in the 2022 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
House Concurrent Resolution 96, sponsored by Representative Longhurst, commends the 2022 Delaware Behavioral Health Professional of the Year, Rosa DiPiazza, and all of the District/Charter Network Behavioral Health Professionals of the Year. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
House Concurrent Resolution 99, sponsored by Representative Morrison, acknowledges June 2022 as LGBTQ+ Pride Month in the State of Delaware. (Passed the Senate 15 Yes, 1 No, 5 Absent and passed the House by Voice Vote)
House Concurrent Resolution 100, sponsored by Representative Dorsey Walker, proclaims June 19, 2022 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 115, sponsored by Senator Lawson, congratulates the class 2021 Eagle Scouts for having attained the highest rank one can earn in the Boy Scouts of America. (Passed the Senate 21 Yes, 0 No and passed the House by Voice Vote)
Senate Concurrent Resolution 116, sponsored by Senator Lopez, proclaims October 2022 "Dysautonomia Awareness Month" in the State of Delaware. Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. (Passed the Senate 21 Yes, 0 No)
