Contact
Phone: 302.739.2399

Ruggerio Willson & Associates, LLC.

P O Box 481
Lewes , Delaware 19958
Yearly Spending
2021
Total:$0.00
2020
Total:$0.00
2019
Total:$300.00
2018
Total:$301.70


Lobbyists
Bailey Brooks
2020 $0.00 2021 $0.00
Kim Willson
2018 $150.85 2019 $200.00 2020 $0.00 2021 $0.00
Roger Roy
2018 $0.00 2019 $0.00 2020 $0.00 2021 $0.00
Tarik Zerrad
2018 $0.00 2019 $0.00
Verity Watson
2018 $150.85 2019 $100.00 2020 $0.00 2021 $0.00
Lobbying Activity
Date Entered Title Description
6/30/2021 HS 1 for HB 94 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES RECEIVING TIPS OR GRATUITIES. The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
6/30/2021 HCR 40 CREATING THE "JUSTICE FORTY OVERSIGHT COMMITTEE." This Concurrent Resolution creates the Justice Forty Oversight Committee to study and make findings and recommendations regarding environmental justice in this State.
6/30/2021 SA 1 to SB 28 This Amendment makes technical corrections to Senate Bill No. 28.
6/29/2021 SB 200 A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2022; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS. This Bill is the Fiscal Year 2022 Bond and Capital Improvements Act.

Budget Bill Category: 55-06-01 DELAWARE TRANSPORTATION AUTHORITY

6/29/2021 HB 265 AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2022 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2022 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS. This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2022. Section 1 – Government Units and Senior Centers $27,599,217 Section 2 – One-Times and Community Agencies $28,158,601 Section 3 – Fire Companies $7,059,096 Section 4 – Veterans Organizations $431,348 GRAND TOTAL $63,248,262

Budget Bill Category: 35-01-00 ADMINISTRATION

6/29/2021 HA 1 to SS 1 for SB 82 This Amendment does all of the following: (1) Removes the requirement that a student must be registered in the student’s school district of residence before being eligible for the school choice process. (2) Moves lines 127 – 128 to above line 80. (3) Amends the birth certificate language to more closely align to the Office of Civil Rights guidance pertaining to registration/enrollment documentation requirements.
6/28/2021 HB 257 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CHANGES TO AIR QUALITY PERMITTING FEE STRUCTURE FOR NATURAL MINOR PERMITS. This Act modifies the existing fees and supporting fee structure for air quality natural minor permits issued by the Department of Natural Resources and Environmental Control. This Act creates a new subsection establishing fees associated with the natural minor permit program. The existing fees were established in a 1991 bill, but not codified. The fees have not been adjusted in almost 3 decades and as a result the program is not self-sustaining. This Act will allow for a phased approach to increase these fees, with the first increase intended to result in funding 50% of the program costs. Evaluations will occur before July 1 of 2024 and July 1 of 2027 with recommended adjustments to fund 75% and 100% of the program costs respectively. It also requires subsequent evaluations, to occur every three years, to ensure the fees are completely funding the progra
6/25/2021 HR 16 REQUESTING THE RELEASE OF LISTS OF HIGH SCHOOL GRADUATES TO THE HOUSE OF REPRESENTATIVES. This House Resolution requests each school district and charter school to release in a timely fashion a list containing the names and addresses of all graduating high school seniors to the Department of Education. The Department of Education is requested to assist the Delaware House of Representatives by compiling the lists of graduates into a single report by no later than July 15th of each year.
6/24/2021 SS 1 for SB 187 AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO RESIDENTIAL ELECTRIC VEHICLE CHARGING INFRASTRUCTURE REQUIREMENTS. Electric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. Like Senate Bill No. 187, this Substitute will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of gree
6/24/2021 SB 195 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MEDIA LITERACY. The societal implications of technological developments are pervasive, and the reach and influence of digital media platforms continue to expand. Media literacy skills are necessary for citizens to safely, responsibly, and critically consume and use social media and other forms of media. In addition, media literacy education prepares students to make informed civic decisions that affect them, their families, their communities, and the world. This Act requires the Department of Education to develop and maintain evidence-based media literacy standards for use by school districts and charter schools serving students in grades kindergarten through 12. The standards and materials must be age-appropriate and must address appropriate, responsible, and healthy online behavior. This Act is known as "The Digital Citizenship Education Act".
6/24/2021 HCR 34 CREATING THE DELAWARE CORRECTIONS INVESTIGATION TASK FORCE TO INVESTIGATE AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE TREATMENT OF INMATES AND THE QUALITY OF HEALTHCARE PROVIDED TO INMATES IN THIS STATE’S CORRECTIONAL INSTITUTIONS. This concurrent resolution establishes the Delaware Corrections Investigation Task Force to investigate and make findings and recommendations regarding the treatment of inmates and the quality of healthcare provided to inmates in this State's correctional institutions. The Task Force shall complete its investigation and findings 90 days after the Task Force’s initial meeting and issue a final report containing a summary of its work, findings, and recommendations.
6/24/2021 HA 1 to HB 244 This Amendment does all of the following: (1) Makes clear that a court may not charge a convenience fee for a payment made at a court designated payment kiosk or through an Internet-based court payment system. (2) Removes a court’s discretion to waive, suspend, or modify payment of a fine fee, cost, or assessment. (3) Harmonizes House Bill No. 244 with existing authority to not renew a license of an individual who does not pay a fine owed to the voluntary assessment center for a motor vehicle offense handled by the voluntary assessment center. As a result, an individual who is convicted in a court of a motor vehicle offense that originated in a voluntary assessment center would likewise not be eligible for renewal of the individual’s license if the individual does not pay the fine, fee, cost, assessment, or restitution assessed by the court in full. (4) Makes the Senator and Representative charged with leading the Criminal Legal System Imposed Debt Study Group Co-Chairs.
6/24/2021 HA 6 to SS 1 for SB 7 This Amendment allows defendants to post bail in the form of cash or property and may be posted by the defendant or by someone on the defendant's behalf, e.g., a relative or a bail bondsman.
6/24/2021 HA 5 to SS 1 for SB 7 This Amendment allows defendants to post bail in the form of cash or property and may be posted by the defendant or by someone on the defendant's behalf, e.g., a relative or a bail bondsman.
6/24/2021 HA 4 to SS 1 for SB 7 This amendment clarifies that in any case where a court sets bail for a signal offense, the court shall require the defendant to relinquish, not forfeit, any firearms in their possession.
6/24/2021 HA 3 to SS 1 for SB 7 This amendment removes all crimes from the signal offenses list except for firearms offenses.
6/24/2021 HA 2 to SS 1 for SB 7 This amendment removes the following crimes from the signal offense list: strangulation, assault in the second degree, rape in the third degree, arson in the first degree, burglary first degree (except home invasion burglary), stalking, possession of a deadly weapon during commission of a felony, any domestic violence offense allegedly committed while the defendant is pending adjudication on a previously charged violent felony allegedly committed against the same victim, and tier 3 drug dealing. It also alters the presumption for signal offenses to cash or secured bail rather than cash bail only.
6/24/2021 HA 1 to SS 1 for SB 7 This amendment changes the sunset section so that this Act expires on January 31, 2023.
6/24/2021 HB 254 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUPIL AND STUDENT IDENTIFICATION CARDS. This Act requires all public schools that serve pupils in grades 7-12 that issue pupil identification cards to have printed on the identification cards the telephone or text numbers for the National Suicide Prevention and National Domestic Violence Hotlines and allows them to add the National Sexual Assault, Teen Dating Violence and Bullying Hotlines. The Act requires all public institutions of higher learning in Delaware, which issue student identification cards, to print on the student identification cards the telephone or text numbers for National Suicide Prevention, Domestic Violence Hotlines and local campus police or campus security telephone numbers and allows the institutions to add the National Sexual Assault Hotline number. This Act will be implemented for the 2022-2023 school year.
6/24/2021 HA 1 to SB 147 This bill removes changes to the use of force statute for non-law enforcement officers. The reason is that law-enforcement officers are trained on the reasonable law-enforcement standard. Moreover, what a person, who is not a law-enforcement officer, believes when it comes to use of force is informed and dependent upon the person’s background, including previous victimization, such as domestic or sexual violence, and the person’s intellectual functioning. All of those factors should be taken into consideration in determining whether the use of force by a non-law-enforcement officer is reasonable.
6/24/2021 HA 1 to HB 215 This Amendment does all of the following: (1) Clarifies that a law enforcement officer may use a body worn camera to record a custodial interrogation that occurs in a police vehicle, school, correctional or detention facility, or any other place of detention other than a jail, police station, or holding cell. (2) Removes the requirement that an individual’s refusal to participate in a custodial interrogation if it is recorded must be recorded electronically. Instead, the refusal must be recorded in a written document signed by the individual. (3) Removes the requirement that an individual’s refusal to participate in further interrogation unless the recording ceases must be waived in a written document signed by the individual. The refusal must be recorded. (4) Provides that a decision not to record a custodial interrogation because it would disclose the identity of an informant is to be memorialized in a written record instead of being recorded electronically. (5) Provides that if an
6/24/2021 HA 1 to HB 122 This Amendment strengthens the role of stakeholders in developing the 14(c) phase out plan by requiring the Employment First Commission to appoint a task force comprised of stakeholders to develop the phase out plan as opposed to merely consulting with stakeholders. The Amendment also adds a requirement that the phase out plan include consideration of current sheltered workshop employees’ wishes to continue working in or near the same location and people with whom the employee is friendly or familiar.
6/24/2021 HB 252 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE ASSESSMENT OF REAL PROPERTY. This Act requires each county to reassess the value of real property in the county on a regular basis that occurs at least once every 5 years. The first 5-year period starts when the reassessments being conducted under the settlement agreements in the case In re Delaware Public Schools Litigation, C.A. No. 2018-0029-VCL (County Track) (Del. Ch.) are completed. This Act also makes revisions for consistency with current law and terminology as follows: 1. Because boards of assessment are not responsible for assessing property in any of the counties under current law, this Act also repeals the penalty for a board of assessment that knowingly and wilfully assesses property at an incorrect value. 2. Requires that real property be assessed at its “present fair market value” instead of at its “true value in money.” Delaware courts have established that the “true value in money” for real property means it
6/19/2021 HB 251 AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2022 TO THE OFFICE OF MANAGEMENT AND BUDGET. This Act appropriates $221,121,200 to provide one-time funded projects through the Office of Management and Budget.

Budget Bill Category: 95-03-00 BLOCK GRANTS AND OTHER PASS THROUGH PROGRAMS

6/19/2021 HB 250 AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. This Bill is the Fiscal Year 2022 Appropriations Act.

Budget Bill Category: 95-03-00 BLOCK GRANTS AND OTHER PASS THROUGH PROGRAMS

6/19/2021 HB 199 AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, and thereafter in 2020, race, color, and national origin were added. This Act is the first leg of a constitutional amendment to add sexual orientation, gender identity, and disability to Article I, § 21 of the Delaware Constitution to declare explicitly that protection against discrimination based on sexual orientation, gender identity, and disability is one of Delaware's fundamental rights.
6/19/2021 SB 160 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE AND LINE-OF-DUTY DISABILITY POLICIES FOR CERTAIN EMERGENCY RESPONDERS. This allows a policy to be purchased by the Insurance Coverage Office to cover cancer for active Volunteer Firefighters, Paid Firefighters, Fire Marshals, Fire Instructors, Fire Police, EMTs, and Paramedics of the State of Delaware exclusive of those in private sector. This policy will be funded by an assessment calculated based on reporting of gross premiums by insurers writing certain lines of insurance under § 705 of Title 18. The benefits will provide a lump sum for early and advance stages of cancer and monthly income benefits for 36 months.
6/19/2021 SB 184 AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CRAFT TRAINING REQUIREMENTS IN PUBLIC WORKS CONTRACTS. Senate Substitute No. 1 for Senate Bill No. 48 (SS 1 for SB 48) of the 150th General Assembly enacted a requirement that contractors bidding for large public works contracts provide craft training of apprentices and journeymen. This Act clarifies the craft training requirement and increases options for how contractors can satisfy this requirement. This Act clarifies when craft training is required as follows: 1. Moves the requirement that the Department of Labor maintain a list of crafts for which there are approved and registered training programs to Chapter 2 of Title 19. 2. Revises the definition of “craft training” in § 6902 of Title 29 to mean a program on the list of approved and registered training programs required under Chapter 2 of Title 19. 3. Clarifies the craft training requirement by creating a new statute for the craft training requirement that e
6/12/2021 HA 1 to HB 205 This Amendment authorizes the EARNS Program Board to limit eligibility to participate in the Program to categories of employees whose participation would not cause an increase in administrative or management fees, clarifies the definition of “Specified tax-favored retirement plans,” permits the Board to discuss choosing diverse financial firms to act as providers of investment advisory services and authorizes the establishment of a grant program to support small businesses that might need economic support to purchase software or other services necessary to implement the Program.
6/12/2021 HB 238 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PREFERENCES IN STUDENT ADMISSIONS TO CHARTER SCHOOLS. This Act repeals the ability of a charter school to give preference in student admissions to students residing within a 5-mile radius of the school. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
6/12/2021 HS 1 for HB 239 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE DEALERSHIPS. This Act creates an exception to the restriction on manufacturers operating vehicle dealerships in Delaware to allow a manufacturer of zero-emission vehicles that does not operate any franchises to own, control or operate dealerships in Delaware.
6/12/2021 HB 239 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE DEALERSHIPS. This Act creates an exception to the restriction on manufacturers operating vehicle dealerships in Delaware to allow a manufacturer of zero-emission vehicles that does not operate any franchises to own, control or operate up to 2 dealerships in Delaware.
6/12/2021 HB 234 AN ACT TO AMEND TITLE 31 RELATED TO EXTENSION OF MEDICAID COVERAGE THROUGH THE FIRST YEAR POSTPARTUM. This Act 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. As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists. This Act would continue that coverage after the Determination is not renewed. In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provid
6/12/2021 HA 10 to HB 150 This Amendment removes the requirement that an applicant submit an attestation affirming the applicant has a project labor agreement or will utilize a project labor agreement for construction of a marijuana cultivation facility.
6/12/2021 HA 9 to HB 150 This amendment expands the definition of "locality" to include county governments.
6/12/2021 HA 8 to HB 150 This amendment requires the Marijuana Oversight Committee to publish data in its annual report concerning the number of applicants who have reported that they have been convicted of or adjudicated delinquent or are married to or the child of a person who has been convicted of or adjudicated delinquent of a marijuana-related offense. This amendment also requires an applicant for any license to provide a statement whether the applicant has been or the applicant is married to or the child of a person who has been convicted of or adjudicated delinquent of a marijuana-related offense. The Commissioner cannot use the applicant’s statement into consideration, but will provide that information to the Marijuana Oversight Committee so that it can include that data in its annual report. Finally, this amendment changes the criteria for a social equity applicant.
6/12/2021 HA 7 to HB 150 This amendment adds requirements to the packaging and labeling of marijuana and marijuana products to enhance child safety.
6/12/2021 HA 6 to HB 150 This amendment removes the establishment of the Social Equity Fund, and instead gives the Commissioner the authority to investigate opportunities for financial assistances that can be offered to social equity applicants.
6/12/2021 HA 4 to HB 150 This amendment requires the Commissioner and the Department of Agriculture to maintain communication regarding the cultivation of hemp and marijuana. This amendment provides that the Commissioner may grant a social equity applicant a conditional license and sets out the requirements for maintaining the conditional license. This amendment also makes changes the Marijuana Regulation Fund and the Marijuana Control Enforcement tax. This amendment makes a technical revision to the expungement section of the bill so that it will not conflict with other pending legislative measures relating to expungement. Finally, this amendment makes minor technical corrections.
6/12/2021 HA 5 to HB 150 This amendment removes provisions relating to employers.
6/12/2021 HA 3 to HB 150 This amendment changes the definition of "disproportionately impacted area". It also expands the definition of "locality" to include county governments. It imposes an obligation on the Commissioner to not impose regulations that would be an unreasonably impracticable burden to the industry. This amendment also alters language regarding small businesses promoting diversity. It adds requirements to the list of "best practices" and to the criteria for the competitive scoring process for all license types. It revises language regarding an applicant's plans for operations, training, and staffing, and alters the criteria for the competitive scoring process for open license types. It amends the definition of "social equity applicant". This amendment also removes the proposed statute § 1331, regarding Financial Assistance. It also makes a technical correction to the bill.
6/12/2021 HA 2 to HB 150 This amendment adds the requirement that marijuana testing facilities shall achieve accreditation within the first applicable licensing period.
6/12/2021 HA 1 to HB 150 This amendment helps ensure a more standardized approach to the assessments and accreditation processes and helps to assure better product safety.
6/12/2021 HB 255 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL RIGHTS. This Act criminalizes the deprivation of civil rights modeled after federal law (18 U.S.C. 242) and enforced by the Delaware Department of Justice’s Division of Civil Rights and Public Trust. The new crime of deprivation of civil rights would be a Class A misdemeanor, which could elevate to a Class D or Class B felony depending on the nature of the injury or harm. This new crime of deprivation of civil rights serves as a predicate offense for hate crimes, or for racketeering if committed by an enterprise. By including conduct committed under color of any ordinance, regulation, or custom, this law accounts for conduct by actors in areas such as banking, lending, leasing, government contracts or political operatives.
6/12/2021 HB 235 AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE HOMELESS. This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human Relations Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary.
6/7/2021 SB 156 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CHARTER OF THE UNIVERSITY OF DELAWARE. This Act requires that prevailing wages be paid to laborers and mechanics working on all University of Delaware construction sites or renovation projects that exceed a certain cost. The prevailing wages are set by the Delaware Department of Labor, Division of Industrial Affairs, and apply to various classes of laborers and mechanics, according to the county in which the work is performed.
6/7/2021 SB 162 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES. This Act is a result of the Division of Developmental Disabilities Services Task Force ("the Task Force"), which was created under Senate Concurrent Resolution No. 62 and extended by House Bill No. 345, both of the 150th General Assembly. This Act fulfills 2 of the Task Force's many recommendations, by requiring that the chair or vice chair of the Advisory Council to the Division of Developmental Disabilities Services be an individual with a developmental disability, and amending the Advisory Council membership to include the following: - 7 representatives of families, service recipients, and self-advocates who currently receive services from the Division of Developmental Disabilities Services. - 5 representatives of a cross section of service providers in the developmental disabilities community who currently operate within the Division of Deve
6/7/2021 SB 159 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS. Section 4513 of Title 21 authorizes the installation and use of monitoring systems to assist in the enforcement of applicable law regarding motor vehicle use of roadways that the Department of Transportation (“DelDOT”) has determined are not suitable for certain commercial or other truck traffic. DelDOT’s determination of which roadways is based on myriad reasons, including vehicle height, weight, or size. This Act renames the monitoring systems to more accurately reflect their purpose. It also clarifies the following: - The purpose of the monitoring system is to assist in enforcing restrictions of trucks on certain roadways that are not suitable for certain commercial or other truck traffic. - Counties and municipalities are authorized to install monitoring systems. - The county or municipality that authorizes the installation of a monitoring system is responsible for paying or obtai
6/7/2021 SB 152 AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO UTILITIES COORDINATION. This Act creates a new Utilities Coordination Council, as recommended by the Utilities Coordination Working Group established by SCR No. 48 from the 150th General Assembly. The purpose of the Council is to review and recommend best practices for efficient utility relocations on transportation projects on Delaware's highways. Additionally, the Council will be responsible for implementation, accountability, and the resolution of any specific utility delays.
6/7/2021 SB 10 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO STORMWATER MANAGEMENT DISTRICTS IN NEW CASTLE COUNTY. This Act provides for the establishment of stormwater maintenance districts in New Castle County and for the collection and use of stormwater maintenance fees to help pay for maintenance in the districts. This Act is modeled on Chapter 52 of Title 9 that has allowed Kent County to create stormwater maintenance districts and differs only in format for clarity and to conform to the standards of the Delaware Legislative Drafting Manual. Under this Act, New Castle County will adopt an ordinance that provides the procedures and criteria related to the establishment of stormwater maintenance districts. The adoption of the ordinance is required to implement this Act. Once this Act is implemented, it is mandatory that any new subdivision or land development in any unincorporated area in New Castle County establish a stormwater maintenance district, if required to do so under the impl
6/7/2021 SB 2 AN ACT TO AMEND TITLES 6, 26, AND 29 OF THE DELAWARE CODE RELATING TO COMMUNITY OWNED ENERGY GENERATING FACILITIES AND RENEWABLE ENERGY. In order to lower the cost of energy and accelerate the adoption of community-based solar photovoltaic systems in the State, this bill eliminates current barriers to such systems and sets up a regulatory process to be implemented by the Public Service Commission with consumer protection provided by the Department of Justice. More specifically, this bill: 1. Allows for multiple types of ownership models, defined as “community-owned energy generating facilities," to exist and compete in the marketplace; 2. Increases the maximum size of these systems to 4 megawatts (MW); 3. Eliminates the requirement that all customers of a system must be located on the same distribution feeder; 4. Eliminates the requirement that all customers of a system must be identified before the system can be built; 5. Provides for the regulation of these systems by the Public S
6/7/2021 HCR 29 ESTABLISHING THE SUBDIVISION STREET FUNDING TASK FORCE. This Concurrent Resolution establishes the Subdivision Street Funding Task Force to study and make findings and recommendations regarding funding and implementing the needed maintenance and reconstruction of subdivision streets identified by the Department of Transportation in the “Subdivision Street Report and Analysis” provided in response to House Concurrent Resolution No. 4 (151st General Assembly).
6/7/2021 SB 166 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE AND THE LAWS OF DELAWARE RELATING TO THE DISTRIBUTION OF FUNDS FROM THE PRESCRIPTION OPIOID IMPACT FEE AND COURT SETTLEMENTS. Delaware has been irreparably harmed by the opioid crisis. In 2018, 400 people died of an overdose in Delaware, and in 2019, 431 people died of an overdose. Settlements from opioid distributors, manufacturers, and pharmacies are expected to provide significant monies over a substantial period of time to Delaware. These funds are intended to address to harm caused by the opioid crisis in our communities. This Act establishes the Prescription Opioid Settlement Fund (Settlement Fund) and Prescription Opioid Distribution Commission (Commission), to ensure that settlement money is used to remediate and abate the opioid crisis and is not diverted to other purposes. The Commission is part of the Behavioral Health Consortium and is established to ensure that decisions on how to spend funds are reached through consensus dr
6/7/2021 HB 219 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS. Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager ("PBM") networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers, and pharmacies or pharmacists, and PBMs establish networks for patients to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacy or pharmacist to decline to dispense a prescription drug or provide a pharmacy service to a patient if the amount reimbursed by a PBM is less than the phar
6/7/2021 HB 212 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION. This Act provides a phased in approach to further the reduction of single-use plastic bags. This Act increases the minimum thickness for a plastic bag to qualify as a reusable bag from 2.25 mils to 10 mils effective January 1, 2022 and makes the restrictions applicable to stores regardless of size effective July 1, 2022. This Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.
6/7/2021 HA 1 to HB 80 This amendment changes House Bill 80 by clarifying the following: (1) The revised pension multiplier only applies to years of service on or after January 1, 2022; (2) That the employee contribution for a correction officer or specified peace officer is 7% of all annual compensation. This amendment also adds State Police Drug Diversion Unit agents, who are not Delaware State Police Troopers, to the definition of “specified peace officer”, and makes clear that Delaware State University police officers are also "specified peace officers".
6/7/2021 SB 169 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT. In 2019, the Office of Child Care Licensing (“OCCL”) was transferred from the Department of Services for Children, Youth, and Their Families to the Department of Education. This Act makes changes to improve OCCL’s implementation and enforcement of the Child Care Act, Chapter 30A of Title 14 of the Delaware Code. Additionally, this Act does the following: (1) Updates and expands the definition of child care to include early education programs for children below the grade of kindergarten that are operated by public or private schools. (2) Increases penalties for violations of the Child Care Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
6/7/2021 SB 155 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT. This Act revises the Delaware Freedom of Information Act (FOIA) to address how public bodies may respond to FOIA requests that are unreasonable, disruptive, or abusive; requires all public bodies to post notice of meetings electronically; and clarifies and simplifies how a citizen may challenge a public body’s failure to comply with FOIA requirements. This Act does not change the definition of “public record." Specifically, this Act does all of the following: 1. It amends the examination and copying of public records provisions of FOIA to alleviate the significant time, resources, and financial burdens imposed on public bodies by FOIA requests that are unreasonable, disruptive, or abusive. This Act allows a public body to deny a request from a requestor whose intent is to disrupt the essential functions of the public body or abuse the process and allows a public body to charge administrative fees
5/27/2021 HB 64 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX. This Act creates the following new tax brackets: at $125,000, with a rate of 7.10%, at $250,000, with a rate of 7.85%, and at $500,000, with a rate of 8.6%.
5/20/2021 HB 207 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS. This Act does the following: (1) Removes the requirement that applicants for initial and continuing educator licenses obtain a passing score on an approved performance assessment. (2) In place of the performance assessment requirement, requires professional development and mentoring activities include a focus on acquisition of pedagogical knowledge and the ability to apply that knowledge to meet student needs and requires the Department of Education (Department) to establish a committee of stakeholders to gather input and make recommendations on how to achieve professional development and mentoring activities that satisfy the requirements. (3) Removes requirements related to performance assessments, including reporting requirements and rulemaking requirements, from Chapter 12 of Title 14. (4) Allows individuals who serve in educ
5/20/2021 HB 206 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES. This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services 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.
5/20/2021 HB 204 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS AND SUBSEQUENT CRIMINAL HISTORIES FOR POTENTIAL OR CURRENT EMPLOYEES OF CHILD SERVING ENTITIES. This Act provides a means by which private schools and youth camps operated by private schools can obtain criminal background checks for potential employees and volunteers under the auspices of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) and authorizes the SBI and DELJIS to provide Delaware criminal history information subsequent to the original background check without the requirement of a new criminal background check. When the federal “rap back system” becomes available, the SBI 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 that would permit, in limited circumstances, re-use of a criminal background check. This Act also clari
5/20/2021 HB 202 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DEVELOPMENTAL SCREENING. This Act is designed to increase the opportunity for Delaware children to undergo developmental screening with a research-based screening tool at an early age in order to identify children who may be eligible for Early Intervention or special education services. It requires any applicant for a license or renewal of a license to operate a child care facility on or after July 1, 2023 to commit that each child between the age of birth and 5 years old (who has not yet entered kindergarten) enrolled by the child care provider will undergo developmental and social emotional screening. The screening mechanism to be used is the screening system approved by the Department of Education and will be administered by the parent or guardian of the child seeking to be enrolled in the child care facility. This Act permits an operator of a child care facility at a YMCA to be appointed to the Provider Advisory Board, chan
5/20/2021 HB 210 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE. This Act permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers so long as it is done through a common carrier with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year; and limits the total amount of wine that the direct shipper of wine can ship directly to Delaware consumers to 1,800 9-liter cases annually. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly.
5/20/2021 HB 205 AN ACT TO AMEND TITLES 19 AND 29 OF THE DELAWARE CODE RELATING TO ESTABLISHMENT AND MANAGEMENT OF THE EXPANDING ACCESS FOR RETIREMENT AND NECESSARY SAVING PROGRAM. This Act 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. The EARNS program will be designed to serve small businesses who are unable to offer retirement plans to employees due to the cost and administrative burden. Because there are documented wealth gaps in Delaware, disproportionately impacting women and people of color, a state-facilitated savings plan aims to alleviate barriers small employers face in offering options, close the wealth gap among low to modest wage earners and keep Delaware competitive with neighboring states by attracting tal
5/20/2021 SB 142 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT. This bill removes the exclusion of Community Transportation Funds from the performance-based rating system.
5/20/2021 SB 143 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO INCOME TAX CREDITS. This bill creates a nonrefundable individual income tax credit for qualified expenses incurred by a family caregiver (claimant) to assist a qualified family member. To be qualified, a family member must be at least 18 years of age, must require assistance with one or more daily living activities as certified by a physician, and must be an immediate family member of the claimant or by marriage, blood, or adoption the claimant's great-grandparent, stepgrandparent, great uncle or great aunt, half brother or half sister, stepbrother or stepsister, stepparent, stepuncle or stepaunt, or first cousin. Subject to a number of limitations, a claimant may claim 50% of the costs of qualified expenses the claimant paid for in the year to which the claim relates. These expenses include amounts spent to improve the claimant's primary residence to assist the family member, equipment to help the family member with daily livi
5/20/2021 SCR 44 CREATING AN AGING-IN-PLACE WORKING GROUP TO DEVELOP RECOMMENDATIONS RELATED TO HOME AND COMMUNITY BASED SERVICES. This Concurrent Resolution creates an Aging-in-Place Working Group that will develop a plan to guide policies designed to promote successful aging-in-place for seniors in Delaware. The group will deliver preliminary recommendations to the General Assembly by March 30, 2022.
5/20/2021 HA 3 to HB 22 This amendment adds many exclusions to the Right to Repair Act.
5/20/2021 HCR 24 MODERNIZING DELAWARE’S EDUCATION FUNDING SYSTEM. This Resolution: 1) Celebrates Senate Bill No. 56 and the immediate investment of targeted funding for student needs; 2) Describes the need for additional action from the General Assembly to update and modernize remaining underlying education funding issues; 3) Requires the Department of Education to report information to help illuminate systemic inequities in the current education funding system to inform future legislative proposals.
5/20/2021 HB 194 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNMARKED HUMAN BURIALS AND SKELETAL REMAINS. This Act would revise the definition of Committee to include the Lenape Indian Tribe of Delaware in the body that determines the treatment and disposition of Native American unmarked burials and human skeletal remains. This Act would also add a new definition of a Committee convened by the Director of the Division of Historical and Cultural Affairs to address discoveries of non-Native American unmarked burials and human skeletal remains, including those of enslaved individuals and undetermined cultural affiliation. This Act also adds new definitions for “lineal descendant” and “proven kinship” to replace the undefined term “next of kin.” This Act would also clarify responsibilities of various parties and encourage preservation of unmarked burials in place, consistent with the purposes of the Chapter. This Act would make failure to report a discovery of remains a prohibited act. This A
5/20/2021 SS 1 for SB 120 AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE, CHAPTER 189, VOLUME 82 OF THE LAWS OF DELAWARE, AND CHAPTER 392, VOLUME 81 OF THE LAWS OF DELAWARE, AS AMENDED BY CHAPTER 141, VOLUME 82 OF THE LAWS OF DELAWARE, RELATING TO PRIMARY CARE SERVICES. This Act is a substitute for Senate Bill No. 120. Like Senate Bill No. 120, this Substitute continues recent efforts to strengthen the primary care system in this State by doing the following: (1) Directing the Health Care Commission to monitor compliance with value-based care delivery models and develop, and monitor compliance with, alternative payment methods that promote value-based care. (2) Requiring rate filings limit aggregate unit price growth for inpatient, outpatient, and other medical services, to certain percentage increases. (3) Requiring an insurance carrier to spend a certain percentage of its total cost on primary care. (4) Requiring the Office of Value-Based Health Care Delivery to establish mandatory minimums for p
5/20/2021 SB 140 AN ACT TO AMEND TITLE 7 AND TITLE 14 OF THE DELAWARE CODE RELATING TO EXPANDED POLYSTYRENE PRODUCTS AND SINGLE-SERVICE PLASTIC ITEMS. This Act reduces risks to the environment and public health by doing all of the following: 1. Prohibiting the sale of containers, food service products, or packing material made of expanded polystyrene. 2. Prohibiting food establishments and public schools from providing ready-to-eat food and beverages in expanded polystyrene containers. 3. Limiting the use of single-service plastic items in food establishments. This Act allows restaurants to provide plastic straws at the request of a customer and does not apply to containers where the expanded polystyrene is wholly encased in more durable material. The term “food” includes beverages, under the Delaware Food Code. In addition, this Act encourages food establishments not to use or sell food that is pre-packaged in expanded polystyrene containers. This Act takes effect beginning July 1, 2022, except f
5/20/2021 HS 1 for HB 166 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE ELEVATE DELAWARE PROGRAM. Like House Bill No. 166, House Substitute No. 1 for House Bill No. 166 establishes the Elevate Delaware program. Elevate Delaware will provide payments for tuition and auxiliary expenses, up to $10,000, for individuals to attend an approved non-credit certificate program. The Workforce Development Board will create a list of non- credit certificate programs eligible for the Elevate Delaware program and establish priorities based upon the skill requirements of employers in Delaware. It also allows the Department of Labor to provide payments to participants in Elevate Delaware to cover auxiliary expenses necessary to meet basic living expenses or purchase supplies necessary for the non-certificate program or employment upon completion of the program. House Substitute No. 1 for House Bill No. 166 differs from House Bill No. 166 as follows: 1. Instead of basing eligibility upon graduation from a Delaw
5/20/2021 SS 1 for SB 82 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL REGISTRATION. This Act is a substitute for Senate Bill No. 82. Like Senate Bill 82, this Substitute does all of the following: (1) Codifies the Department of Education’s (“Department”) current efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. (2) Requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process
5/20/2021 SA 1 to HB 8 This Amendment removes references to a Delaware PFAS Steering Committee and Delaware PFAS Team.
5/12/2021 SB 134 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF SINGLE-SERVICE PLASTIC IMPLEMENTS AND POLYSTYRENE CONTAINERS IN FOOD ESTABLISHMENTS. This Act reduces risks to the environment and public health by prohibiting food establishments from providing any of the following: 1. A single-service plastic straw, unless requested by a consumer. 2. A single-service plastic coffee stirrer, cocktail pick, or sandwich pick. In addition, this Act encourages food establishments not to use or sell food packaged outside of the food establishment in expanded polystyrene containers.
5/12/2021 HA 2 to HB 22 This Amendment removes language excluding motor vehicle manufacturers, manufacturers of motor vehicle equipment, and motor vehicle dealers from House Bill No. 22.
5/12/2021 HB 181 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO INTEREST RATES ON LOANS TO INDIVIDUALS. Delaware is one of a handful of states that has no cap other than unconscionability on interest rates for short-term consumer loans. Under Delaware case law, the unconscionability of an interest rate is decided by a court on a case by case basis. This Act caps interest rates at 20% for short-term consumer loans of $1,000 or less that must be repaid in less than 60 days and motor vehicle title loans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
5/12/2021 SB 130 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO OUT-OF-SEASON COACHING OF STUDENT ATHLETES. This Act is the result of the Joint Legislative Oversight and Sunset Committee’s review of the Delaware Interscholastic Athletic Association (“DIAA”) and addresses out-of-season coaching for student athletes. The State Public Integrity Commission (“PIC”) has issued advisory opinions stating that a public school coach violates the State Employees’, Officers and Officials’ Code of Conduct (Chapter 58, Title 29) (“Code of Conduct”) if the coach provides out-of-season instruction for pay for returning members of the varsity or sub-varsity teams of the school where the coach works as a coach. See Commission Op. No. 02-02 and Commission Op. No. 02-60. The 149th General Assembly passed Senate Concurrent Resolution 79 (“SCR 79”), directing the Department of Education (“DOE”), with the assistance of DIAA, to promulgate regulations that permit coaches to coach student athletes out of season, wi
5/12/2021 SB 127 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ECONOMIC DEVELOPMENT. The purpose of this legislation is to promote sustained economic growth and stability by establishing a fund to provide grants, loans or other economic assistance to businesses or public entities that invest in constructing, renovating or improving infrastructure for sites that will attract new businesses or expand existing businesses within the State to initiate economic development opportunities that will create a significant number of direct, permanent, quality, full-time jobs. There is intense competition between the states to attract and to keep vital businesses that create and maintain these direct, quality employment opportunities. Therefore, it is critical to expand and sustain economic growth within the State to consistently maintain readily available commercial, industrial sites to attract new business, or expand existing businesses. The delay in converting completely undeveloped sites into sit
5/12/2021 SB 131 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXATION OF PREMIUM CIGARS. This Act lowers the tax rate for premium cigars from 30% to 15% of the wholesale price so that Delaware's tax rate is consistent with the tax rates for premium cigars in surrounding states. The tax rate in Maryland is 15% and there is no tax on premium cigars in Pennsylvania. Under this Act, a premium cigar means any roll for smoking that is all of the following: 1. Made entirely of tobacco, including the wrapper, binder, and filler. 2. Hand rolled. 3. Contains no filter, tip, or any mouthpiece consisting of material other than tobacco, or any additional flavoring. This Act takes effect on October 1 following its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
5/12/2021 SB 133 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS. The 2019 Delaware Literacy Plan (“Literacy Plan”) established a framework to address Delaware’s literacy challenges. The Literacy Plan concluded that a strong teacher preparation program should lay the foundation for teachers to be able to engage students in the essential components of evidenced-based reading instruction, known as the "science of reading." This Act incorporates the science of reading into Delaware’s public and charter schools by requiring, beginning July 1, 2023, that teacher preparation programs which prepare elementary school, early childhood education, or special education teachers or reading specialists must provide instruction in evidence-based reading instruction. It requires the Department of Education to establish a minimum number of hours of training that instructors in educator preparation programs must complete in evidence-based reading instruction.
5/12/2021 HB 178 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO YEAR-LONG TEACHER RESIDENCY PROGRAMS. Year-long teacher residency programs are a partnership between an educator preparation program and a Delaware school district or charter school to provide a year-long immersive experience for teacher candidates, allowing them a full and supported, on the ground experience of teaching in a Delaware school. The teacher resident also receives a stipend while participating in the program, which may be used to defray education and living expenses. These programs are the gold standard for teacher preparation and they assist in attracting and retaining quality, diverse educators. For the last several years, the General Assembly has appropriated funds in the annual budget to support and sustain these programs. This bill codifies the program and establishes guidelines for how and when the funds will be awarded and what they may be used for. The Department of Education continues to be charged with ad
5/7/2021 SB 101 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE. This Act creates a right to counsel for tenants in evictions and other landlord-tenant actions. Approximately 18,000 eviction cases are filed each year in the State of Delaware, and while 86% of landlords are represented by an attorney, agent, or business manager, only 2% of tenants have representation. The disruptive displacement that accompanies eviction proceedings create significant costs for state and local government related to shelter funding, education funding, health care provided in hospitals instead of community-based providers, transportation costs for homeless youth, and foster care. Evictions and disruptive displacement also have significant, well-documented, and long-lasting effects on the lives of individuals and families, including poorer physical and mental health, increased risk of homelessness, increased risk of employment loss, loss of personal property, damage to cre
5/7/2021 HB 173 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ENROLLMENT OF MILITARY-CONNECTED STUDENTS. This Act allows the parent or guardian of a military-connected student to preliminarily enroll the student by remote registration in a school district where the parent or guardian is in the active military of the United States or in full-time status during active service with a force of the Delaware National Guard, if the parent or guardian is being transferred to Delaware under military orders and is transferred to or is pending transfer to a military installation within Delaware.
5/7/2021 HB 177 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES FORBIDDING DISCRIMINATION AGAINST CASH PAYMENTS BY CONSUMERS. This Act 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. The Act does not apply to sales of goods or services by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.
5/7/2021 HB 195 AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF BODY WORN CAMERAS. This Act requires certain police officers and some certain employees of the Department of Correction and Department of Services for Children, Youth, and Their Families to wear a body worn camera and to use the body worn camera to record interactions with a member of the public in accordance with the regulations to be established by the Council on Police Training. This Act requires state agencies to implement the statewide body worn camera program through the procurement of cameras, development of a central data storage program, and provision of necessary personnel as funding is available. This Act tasks the Council on Police Training with creating and promulgating regulations setting forth standards for body worn camera use by Delaware’s police officers and some certain employees of the Department of Correction and Department of Services for Children, Youth, and Their Famil
5/7/2021 HB 172 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO REALTY TRANSFER TAX REDUCTION. This Act temporarily eliminates the state's portion of the realty transfer tax for certain real estate closings for first time home buyers with a purchase price of $250,000 or less. The bill applies to a natural person home buyer whose gross income is less than $45,000 or in the case of natural person joint purchasers whose combined gross income is less than $75,000.
5/7/2021 SB 1 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. This Act, the Healthy Delaware Families Act, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks of paid family and medical leave through the State's paid leave trust fund for a qualifying event, including for the following: (1) To address a worker's own serious health condition (2) To care for a family member with a serious health condition. (3) To bond with a new child. (4) To handle safety matters for victims of domestic violence. (5) To address the impact of a family member's military deployment.
5/3/2021 SB 125 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION. This bill provides that the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, shall be deemed to be an in-state resident for the purposes of determining the tuition, fees, and other charges at Delaware public universities, colleges, or community colleges as long as the spouse or child remains enrolled at such institution.
5/3/2021 SB 123 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION BENEFITS. This bill will allow all surviving spouses of persons killed in the course and scope of employment to receive the same level of death benefits as the surviving spouses of those persons defined as “covered persons” in Section 6601(2), Title 18 of the Delaware Code, in the event that the surviving spouse remarries. This expansion of the death benefit beyond the surviving spouses of those persons specified in Section 6601(2) will result in all surviving spouses, who decide to remarry, being treated equally under Delaware’s Workers’ Compensation laws.
5/3/2021 HA 2 to HB 8 This amendment clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment.
5/3/2021 HB 167 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE ODOMETERS. The National Highway Traffic Safety Administration (NHTSA) has issued a final rule for odometer disclosure. NHTSA’s final rule became effective January 1, 2021. The new rule extends the age of vehicles exempt from odometer disclosure from 10 years old to 20 years old phasing the exemptions in by adding one year at a time for model year 2011 and newer vehicles. For example, a model year 2010 vehicle would be exempt starting in 2020; model year 2011 and newer vehicles would be exempt starting in 2031. This Act makes Delaware law consistent with the new federal rule. The Act also makes certain technical corrections to make the current law consistent with the Legislative Drafting Manual.
5/3/2021 HB 166 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE ELEVATE DELAWARE PROGRAM. This Act establishes the Elevate Delaware Program. Elevate Delaware will provide tuition, up to $10,000, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the Elevate Delaware program. This Act also allows the Department of Labor to provide participants in the Elevate Delaware Program payments to cover basic living expenses while attending the training program and for a 90-day job search period after completion of the training program.
5/3/2021 SB 122 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF THE COUNTY ATTORNEY OF NEW CASTLE COUNTY. This Act provides that the County Attorney of New Castle County, consistent with other department directors of New Castle County government, is appointed by the County Executive with the advice and consent of the New Castle County Council. Pursuant to § 1391 of Title 9, the Office of Law provides legal advice to the County Executive, County Council, and County departments, boards, offices, and agencies. This amendment would require the advice and consent of the County Council in the appointment of the County Attorney. Consequently, this proposed amendment would safeguard against unequal preference to either branch of government when advice is provided.
5/3/2021 HB 163 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE AND RELIGIOUS HOLIDAYS. The Delaware Code does not currently contain any explicit direction for public schools relating to school absences for observance of religious holidays. This Act requires schools to excuse a pupil's absence for observance of a religious holiday, and further requires districts and charters to have a policy discouraging teachers from scheduling tests, presentations and the like on days where some students may be absent for a religious holiday. A pupil who does miss a grading event must be allowed to make-up the test or otherwise recover credit. The Department of Education is directed to promulgate rules and regulations relating to implementation of this Act, including a list of holidays on which an absence for religious observance must be excused.
5/3/2021 HB 159 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SALES OF REAL ESTATE MADE BY A SHERIFF. This act modifies the locations at which sheriff’s sales may be conducted to provide the sheriffs with needed flexibility and to modernize the sheriff’s sale process. The recent COVID-19 pandemic has revealed substantial inflexibility in 10 Del. C. § 4974 as currently adopted, forcing the sheriff of each of the three counties to either hold sheriff’s sales outdoors, find non-governmental venues in which to hold sheriff’s sales or cancel sheriff’s sales. Additionally, the New Castle County Sheriff is considering using an online auction process to conduct sheriff’s sales, as other counties throughout the United States have done, but § 4974 as currently adopted does not permit online sheriff’s sales. Finally, this act removes uncertainty regarding the meaning of the term “public building” as currently used in § 4974 by adopting a definition that is consistent with the Delaware Supreme Cou
5/3/2021 HB 158 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX CREDITS. This Act creates a $500 tax credit applicable to individual personal income taxes for certain lower income, working poor, individuals. In the case of spouses filing a joint return, the tax credit is $1,000. If spouses file their Delaware taxes separately, each spouse with the required income will be entitled to a $500 tax credit. Additionally, for certain qualifying lower income, working poor, individuals the current personal tax credit allowed under § 1110 of Title 30 of the Delaware Code of $110 is being increased to $500. This personal credit is refundable.
5/3/2021 SB 118 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG-TERM CARE FACILITIES AND SERVICES AND THE DELAWARE HEALTH INFORMATION NETWORK. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly. which recommended requiring long-term care facilities to enroll in and provide summaries of care to the Delaware Health Information Network ("DHIN"). To improve quality and coordination of care across the State, this Act requires long-term care facilities to enroll in DHIN and provide summaries of care to DHIN. Under this Act, long-term care facilities that provide services in Delaware as of the date this Act is enacted must enroll in DHIN under § 1119D(a) of Title 16 no later than 30 days after the date of enactment, and must enter into an agreement with DHIN under § 1119D(b) of Title 16 no later than 90 days after the date of enactment. Long-term care facilities that beg
5/3/2021 SB 119 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK AND HEALTH INSURERS. This Act is a result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended requiring dental insurers to report to the Delaware Health Care Claims Database (“Database”). When the Database was created in 2016, providers of dental insurance were exempted from the mandatory reporting requirements. Dental care, however, remains an important indicator of overall health, and claims information related to dental care will help the Database continue to provide value to the State and researchers to help advance the Triple Aim Plus One, the State's goal of better health, improved health care quality and patient experience, lower growth in per capita health care costs, and an enhanced provider experience. This Act also makes technical corrections to conform existing
5/3/2021 SJR 2 DIRECTING THE DELAWARE DEPARTMENT OF NATURAL REOURCES AND ENVIRONMENTAL CONTROL TO BEGIN COORDINATION WITH THE FEDERAL AGENCIES CARRYING AUTHORITY TO IDENTIFY THE STRUCTURE NECESSARY FOR A STATE NONTIDAL WETLANDS PROGRAM FOR THE PURPOSE OF SHIFTING PERMITTING AUTHORITY FROM THE FEDERAL LEVEL TO THE STATE. This Senate Joint Resolution requires the Department of Natural Resources and Environmental Control to engage authoritative federal agencies to identify the administrative structure, legal structure, and resource needs to establish a State nontidal wetlands permitting program effectively shifting the permitting program from the federal to the State level. This Senate Joint Resolution also requires that a report containing the results of this review be completed and made public within 1 year.
5/3/2021 SS 2 for SB 78 AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO QUALIFICATIONS FOR MEMBERS OF SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION. Senate Bill No. 78 enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member
4/24/2021 HB 185 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BODY WORN CAMERAS. This Act requires certain law-enforcement officer to wear and use a body worn camera to record all interactions with a member of the public. The Act also requires law-enforcement agencies to retain body worn camera recordings for at least 90 days following the interaction unless the agency has received a request or a court order to preserve the recording for a longer period of time.
4/24/2021 SB 117 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND PURPLE STAR SCHOOLS. This bill allows schools and school districts to submit an application to the Department of Education to have a school designated as a Purple Star School.
4/24/2021 HA 1 to HB 198 This Amendment does the following: (1) Adds whereas clauses to express the General Assembly’s intention that development of curricula is up to the school districts and charter schools, and that the General Assembly is identifying material that must be included in the curricula only in this special circumstance. (2) Removes language from § 4142(a)(1), which added ambiguity to the section. (3) Requires that the Black History curricula be age appropriate. (4) Replaces the word "instruction" with the word "curricula" to clarify that Black History education, as a whole, must include the topics required in § 4142(a)(3) and be designed to do what is required by § 4142(c), but that not every instance of instruction must include every item listed in those paragraphs.
4/22/2021 HB 175 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE. This Act allows one excused absence per school year for students grades 6 through 12 to attend civic engagements such as visits to the United States Capitol, Legislative Hall, and sites of political and cultural significance, or participation in a rally, march, protest, or walkout. For a student to attend a civic engagement event, the student’s parent or guardian must provide written permission no later than 3 school days prior to the student’s planned absence. The school shall determine what is acceptable as written permission. If the principal or another school or school district official does not confirm receipt of written permission with the parent or guardian prior to the student’s planned absence, permission for the student to attend the civic engagement event as an excused absence is presumed.
4/21/2021 HB 170 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES. This Act allows counties to use Realty Transfer Tax funds to pay expenses related to assessments and reassessments of real property and associated improvements. Further, it permits New Castle County to expand potential referees of tax assessment appeals beyond members of the Bar of the State of Delaware.
4/15/2021 SB 14 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN. This bill provides a mechanism to grant pension increases to retired State Employees, retired Judges, and retired “New” State police. This bill dedicates a minimum of 3.0% of payroll to be deposited annually to the Post Retirement Fund. The bill also provides for biennial pension increases beginning July 1, 2021.
4/15/2021 HB 62 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF EXCESSIVE AND UNCONSCIONABLE PRICES FOR PRESCRIPTION DRUGS. This Act is based on a Model Act to Prevent Excessive and Unconscionable Prices for Prescription Drugs developed by the National Academy for State Health Policy. It prohibits manufacturers from raising the price of prescription drugs outside of certain market conditions that might justify a price hike. It is specifically limited to the prices charged to consumers in the State of Delaware for generic and off-patent drugs. It authorizes the Attorney General to investigate price increases identified by State agencies above a certain threshold. Manufacturers or distributors may be fined up to $10,000 per day for sales which violate the Act. Each sale of a drug excessively and unconscionably priced constitutes a separate violation. A manufacturer or distributor is prohibited from withdrawing a generic or off-patent drug for sale in this State to avoid a
4/15/2021 SB 112 AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 16 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT. This Act expands eligibility for mandatory expungement of adult and juvenile cases by doing all of the following: 1. Aligns eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement. 2. Allows all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol under § 904(e) or (f) of Title 4, possession of marijuana under § 4764 of Title 16, or possession of drug paraphernalia under § 4771 of Title 16 to be expunged, regardless of prior or subsequent adjudications or convictions. 3. Repeals § 4764(j) of Title 16 because this Act makes cases for marijuana possession eligible for mandatory expungement under § 1017 of Title 10 and § 4374 of Title 11. 4. If a person has no prior or subsequent convictions, makes a case for drug possession under § 4756 of Title 16 eligible for mandatory expungem
4/15/2021 SB 111 AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO AUTOMATIC EXPUNGEMENT. This Act creates an automatic expungement process for adult and juvenile charges that are eligible for mandatory expungement because under the petition-based system, only a small fraction of people eligible for expungement ever obtain this important relief. Under this Act, the State Bureau of Identification must identify and expunge cases eligible for automatic mandatory expungement on a monthly basis. This Act is effective immediately and will be implemented on August 1, 2024. Implementing the automatic expungement process requires coordination between different courts and state agencies. This Act is known as “The Clean Slate Act”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
4/15/2021 SB 109 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MEDICAID REIMBURSEMENT RATES FOR HOME HEALTH-CARE SERVICES. This Act requires that home health-care services for Medicaid long-term care services and support providers be reimbursed for services by Medicaid-contracted organizations at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services. This rate floor system is currently used for reimbursement rates for home health-care nursing services paid for by Medicaid-contracted organizations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
4/15/2021 SB 107 AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF INSULIN PUMPS. This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for a medically necessary insulin pump at no cost to a covered individual.
4/15/2021 SB 106 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR CHILDREN WITH DISABILITIES IN HOMESCHOOLS. This Act makes students who attend homeschools eligible for the same services for children with disabilities as students who attend private schools in a manner that allows federal funds to pay for the services. This Act is the result of discussions regarding Senate Bill No. 19, which would make homeschool students eligible for speech therapy services, and accomplishes the goal of Senate Bill No. 19 because through meaningful consultation, speech therapy services are often included in the services provided to students who attend private schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
4/15/2021 HB 147 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE INCREASE ECONOMIC IMPACT ANALYSIS. This Act requires the Controller General to cause to be prepared an economic impact analysis on legislation that increases the state’s minimum wage to determine the economic impact in this State of increasing the minimum wage.
4/15/2021 HB 154 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DISCRIMINATION IN EMPLOYMENT. This Act makes it an unlawful employment practice for an employer to discriminate against any individual because of their political affiliation or political belief.
4/15/2021 HB 161 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF HOSPITALS. This Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.
4/15/2021 HB 160 AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PRESERVING TELEHEALTH AND ADOPTING THE INTERSTATE MEDICAL LICENSURE COMPACT. This Act, known as the Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter applicable to all health-care providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic. The Act carries through many of the changes embodied in the Covid-19 telehea
4/14/2021 SB 12 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND THE DELAWARE STUDENT EXCELLENCE EQUALS DEGREE ACT. The purpose of this act is to open up The Delaware Student Excellence Equals Degree Act (SEED Act) to adult Delaware residents, who are not recent high school graduates. Currently, about 56% of Delawareans age 25-64 lack a post-secondary degree. This expansion of the SEED grant program will encourage adult learners to return to school to enhance their knowledge and skills and increase their job opportunities. Adult individuals with a high school diploma or less education were significantly impacted by Covid-19-related job loss. This legislation can help to mitigate the effects of the pandemic on those adults. Tennessee has instituted a similar program called the Tennessee Reconnect Act.
4/1/2021 HB 142 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS. This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the
4/1/2021 HB 143 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. This Act removes taproom from the establishments for which the Commissioner shall refuse to grant a license for the sale of alcohol when there is an existing licensed establishment of similar type within a specified distance. The minimum distance between licensed establishments of similar type is made applicable only to a store or establishment for consumption off premises.
4/1/2021 HB 144 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FUNDING FOR PREKINDERGARTEN SPECIAL EDUCATION. This Act will result in increased funding for preschool children with disabilities who are not in either Intensive or Complex special education units by revising the current ratio of 12.8 students per unit to 8.4 students per unit consistent with the ratio of students per unit in Basic Special Education for students enrolled in grades 4-12. The reduction of students per unit will be phased in over three years; in the first year, the number of students per unit will be 11.3, in the second year, the number of students per unit will be 9.8, and in the third year the number of students per unit will be 8.4. This Act also makes changes to existing law to make it consistent with the Legislative Drafting Manual.
4/1/2021 HA 2 to HB 200 This amendment names the annual report that the Clean Water Trust Oversight Committee must produce “The Mulrooney Report” after former Representative Michael Mulrooney. This amendment adds that the Strategic Plan include a prioritized list of proposed projects including those projects with increased accessibility to lower-income and traditionally underserved communities. The amendment increases the number of members to The Water Infrastructure Advisory Council by adding a member representing the water utilities, the president of 1 of the conservation districts, and a member of the Farm Bureau, who shall serve as non-voting members, and at the pleasure of the Governor. The Amendment provides that these nonvoting members may provide recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, and tax ditches. This amendment also ma
4/1/2021 HB 141 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ADVANCED PRACTICE REGISTERED NURSES. This Act is a Companion Bill to House Bill No. 21. It aligns the Delaware Board of Nursing statute with the APRN Compact to advance APRN practice through elimination of barriers and improving access to care for Delawareans. The Act removes the requirement for a collaborative agreement for licensure purposes although employers and health care organizations may still require one. The Act amends the definitions of “APRN” and “full practice authority” so that they are consistent with national standards. The Act also removes the definition of “independent practice” since ,nationally, “independent practice” means having “full practice authority”. This Act grants full practice authority in conjunction with licensure and removes the current requirements for obtaining independent practice. The Act changes the composition of the APRN Committee to include 9 APRNs and clarifies the Committee’s purpose w
4/1/2021 SB 93 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATED TO CONSUMER CONTRACTS. This bill provides protections for consumers in connection with contracts with automatic renewal provisions. Multiple states have enacted laws regulating the automatic renewals of contracts, often described as "evergreen" clauses. These state laws are aimed at protecting consumers from unknowingly entering into these types of agreements by requiring that evergreen clauses be presented in a clear and conspicuous manner and that sellers of such contracts provide a written notice to consumers about an upcoming renewal. This bill also requires sellers of such contracts to provide consumers with a means to cancel the contract that is at least as easy to use as the means available to sign up for the contract. This bill also updates the language of the enforcement provision in Subchapter IV, Chapter 27 of Title 6 of the Delaware Code.
4/1/2021 SA 2 to SB 63 This Amendment adds a preamble to the bill to articulate the legislative intent of the bill.
4/1/2021 SB 98 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE. Section 1 of this Act addresses a condition of confinement issue that could adversely affect inmate rehabilitation efforts by eliminating solitary confinement imposed by the sentencing court. Section 2 of this Act clarifies language in the Code that states inmates will be assigned to programs based on a risk and needs assessment relative to their criminogenic risk factors and that inmates are consequently assigned to programs that correspond with those criminogenic risk factors. Section 3 of this Act makes changes to recidivism reports compiled by the Statistical Analysis Center. Section 3 of this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including removing a deadline that has already occurred.
4/1/2021 SB 99 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO HIGH NEEDS EDUCATOR STUDENT LOANS. This Act makes minority educators eligible for the High Needs Educator Student Loan Repayment Program. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
4/1/2021 SB 89 w/ SA 1 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS. This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Provides definitions of terms used on traffic control devices that limit the size or weight of vehicles or prohibit the operation of trucks or other commercial vehicles on the highway, including terms that provide exceptions to posted prohibitions, including “local service” and “residential service”. (2) Requires the Secretary, and a municipality exercising its authority under § 134(e) of Title 17 (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limits as to the weight of trucks or other commercial vehicles on designated highways), to submit an order issued under this Act to the Regis
3/30/2021 HA 1 to HB 200 This amendment names the annual report that the Clean Water Trust Oversight Committee must produce “The Mulrooney Report” after former Representative Michael Mulrooney. This amendment adds that the strategic plan include a prioritized list of proposed projects including those projects with increased accessibility to lower-income and traditionally underserved communities. The amendment increases the number of members to The Water Infrastructure Advisory Council by adding a member representing the water utilities, the president of 1 of the conversation districts, and a member of the Farm Bureau, who shall serve as non-voting members, and at the pleasure of the Governor. The Amendment provides that these nonvoting members may provide recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, and tax ditches. This amendment also ma
3/29/2021 SS 1 for SB 78 AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO QUALIFICATIONS FOR MEMBERS OF SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION. Senate Bill No. 78 enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member
3/29/2021 SB 97 AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO COMMERCIAL FEEDS. This bill authorizes the Department of Agriculture to update the Delaware Commercial Feed Law of 1967. Changes to this law include updating language to align with current industry terminology and includes applicable language from the most recent version of the Association of American Feed Control Officials (AAFCO) Uniform State Bill, which is designed to create uniformity amongst states. This bill authorizes the Department of Agriculture to add criteria for defining an adulterated feed and adjusts penalties for violators of this chapter. The proposed changes will provide clarity to distributers and Department staff regarding product labeling, registration, and violations as well as providing updated terminology to make regulating this program more efficient. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
3/29/2021 SB 96 AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS. This bill authorizes the Department of Agriculture to update the Delaware Commercial Fertilizer and Soil Conditioner Law of 1971. Changes to this law include updating language to align with current industry terminology and includes applicable language from the most recent version of the Association of American Plant Food Control Officials (AAPFCO) Uniform State Bill, which is designed to create uniformity amongst states. This bill authorizes the Department of Agriculture to impose product registration and tonnage fees to better reflect current market rates and to assist the Department in funding costs associated with inspections, sampling and analysis for this chapter; to adjust requirements for current registering of Delaware mixing facilities and custom fertilizer blends. The proposed changes will give clarity to distributers and Department staff regarding product labeling, registr
3/26/2021 SB 95 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INSPIRE SCHOLARSHIP PROGRAM. This bill will provide Delaware students with strong academic credentials and a demonstrated commitment to volunteer public service to receive scholarship monies sufficient to cover the full cost of tuition at Delaware State University. The intent of this bill is to increase the number of students in Delaware who not only attend the University but who successfully complete degree programs.
3/26/2021 SA 1 to SB 63 This Amendment clarifies a circumstance that this Act may not be construed to restrict.
3/26/2021 HS 1 for HB 54 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO OPTIONAL MID-YEAR UNIT COUNT. This Act establishes an optional mid-year unit count and associated funding provisions. School districts and charter schools that elect to participate in the optional mid-year unit count shall receive state financial support for each additional unit, or fraction thereof, in an amount determined by the annual Appropriations Act.
3/26/2021 HA 1 to HB 8 This amendment clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment.
3/26/2021 HB 133 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR EVALUATIONS. This Act changes the current evaluation system for all teachers from the former Delaware Performance Appraisal System II evaluation to a new Delaware Teacher Growth and Support System. The goal of this new evaluation system is to build a culture of professionalism and learning within every school by converting the evaluation system from a teacher-focused to a learning-focused system. It also increases accountability by requiring a beginning, middle and end of the year review of both the teacher’s professional learning goals and student improvement goals. All teachers (not just 4-8 testing subjects) will be held accountable for student growth. The new evaluation system will only apply to teachers. Specialists and administrators will continue to be evaluated under the Delaware Performance Appraisal System II. Under this Act the new evaluation system will be phased in with a minimum of 3 local education agenc
3/26/2021 HB 128 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXCEPTIONAL CHILDREN. This Act permits the extension of special education and related services to those students with a disability who turn 21 during the 2020-2021 school year to address unfinished learning as a result of the pandemic which resulted in the COVID-19 Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat declared by the Governor on March 12, 2020. The IEP for the child must be revised to reflect the specific basis for extending services and the specific education and related services that will be provided.
3/22/2021 HB 118 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE DELAWARE WRONGFUL IMPRISONMENT COMPENSATION ACT. Thirty-three states and the District of Columbia have established a process for compensating individuals who have been wrongly convicted. This Act creates such a process for Delaware.
3/22/2021 HB 117 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE STATEWIDE PROGRAM FOR SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER. House Bill No. 292 of the 149th General Assembly established a 3 year pilot program (“program”) to implement the recommendations in the 2015 Autism Educational Task Force report. The pilot program revised the Delaware Autism Program toward a system where the statewide Director works in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This Act makes the pilot program permanent and revises the program as follows: 1. Requires the Department of Education ("Department") to administer the program, including hiring the Director. 2. Revises the terminology in the qualifications for the Director to include autism spectrum disorder (“ASD”). 3. Requires the Department to hire 5 training specialists instead of the current hiring requirement that is based on the number of students with an edu
3/22/2021 SB 89 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS. This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Provides definitions of terms used on traffic control devices that limit the size or weight of vehicles or prohibit the operation of trucks or other commercial vehicles on the highway, including terms that provide exceptions to posted prohibitions, including “local service” and “residential service”. (2) Requires the Secretary, and a municipality exercising its authority under § 134(e) of Title 17 (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limits as to the weight of trucks or other commercial vehicles on designated highways), to submit an order issued under this Act to the Regis
3/22/2021 HB 122 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT OF AND WAGES PAYABLE TO PERSONS WITH DISABILITIES. This Act is called the Jamie Wolfe Employment Act in recognition of Jamie Wolfe, a powerful disability rights advocate who worked tirelessly on behalf of people with disabilities for equal rights and equal access to education, housing, competitive and integrated employment, transportation and community-based services. The Act requires that authorization to pay individuals with disabilities less than the minimum wage required to be paid to other employees will be phased out by July 1, 2023. It is consistent with the goals of the Employment First Act enacted by the 146th General Assembly and with national trends. In September 2020, the United States Commission on Civil Rights recommended that 14(c) certificates be phased out. The Employment First Oversight Commission created in the Employment First Act is charged with the responsibility of developing and implementing
3/22/2021 SB 90 AN ACT TO AMEND TITLE 6 AND TITLE 25 OF THE DELAWARE CODE RELATING TO FAIR HOUSING. The Delaware Fair Housing Act and Residential Landlord-Tenant Code both prohibit discrimination based on source of income, which is defined as including rental payments from any government program, but both laws also provide that a landlord's nonparticipation in a government-sponsored rental assistance, voucher, or certificate system cannot be the basis for an administrative or judicial proceeding. This Act revises both the Delaware Fair Housing Act and Residential Landlord-Tenant Code to repeal the exception to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs. This exemption contributes to a lack of affordable housing in this State. There is currently a severe shortage of affordable housing for extremely low-income households in Delaware, with only 38 affordable rental units available for
3/22/2021 HB 198 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BLACK HISTORY EDUCATION. This Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12. This Act incorporates contemporary events into discussions of Black History and the tools of experience.
3/22/2021 HB 150 AN ACT TO AMEND TITLES 4, 11, 16, AND 30 OF THE DELAWARE CODE CREATING THE DELAWARE MARIJUANA CONTROL ACT. The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Amends § 4764 of Title 16 to eliminate any penalty for possessing 1 ounce or less of marijuana for individuals over the age of 21 but maintains the existing civil penalty for possession of 1 ounce or less for adults age 18 to 21. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility inclu
3/12/2021 HB 8 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRINKING WATER. This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.
3/12/2021 SA 1 to HB 1 This amendment seeks to make clear that the right of on-premise licensees to sell for off-premise consumption is not intended to allow the on-premise licensee to become a package store. This amendment places restrictions on the amount of alcohol that can be sold by on-premise licensees for off-premise consumption.
3/10/2021 SB 84 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE, NEGLECT, MISTREATMENT, FINANCIAL EXPLOITATION, OR MEDICATION DIVERSION OF RESIDENTS OR PATIENTS. This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitatio
3/10/2021 SB 15 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE. This bill provides for gradual increases in the Delaware minimum wage to $15 over a period of several years.
3/9/2021 HA 1 to HB 37 This amendment establishes exceptions as to whom is eligible to receive public health emergency credits. Those exceptions include inmates serving a sentencing for violent Title 11 crimes such as murder, rape, continuous sexual abuse of a child, and assault in a detention facility. Other exceptions includes crimes that occur in correctional facilities such as promoting prison contraband and escape after conviction and those inmates who have been found guilty of more than 2 Class I or more than 5 Class II disciplinary violations in the previous 24 months. This amendment also clarifies that the credit awarded cannot be in excess of 240 days for any declared emergency and the credit cannot reduce an inmate’s Level 5 time to less than 50% of the inmate’s sentence. This amendment also makes clear that the Department of Correction must notify victims in writing of the expected release date. Finally, this amendment makes the bill effective 35 days after enactment.
3/9/2021 HB 7 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE ADULT CORRECTION HEALTHCARE REVIEW COMMITTEE. This Act makes permanent and temporary changes to the Adult Correction Healthcare Review Committee ("ACHRC") which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional's training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department's response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department's response identifying t
3/9/2021 HB 6 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR VICTIMS OF SEXUAL VIOLENCE. This bill creates the Public Employee Sexual Violence Act which allows public employees who have suffered sexual violence in the workplace the ability to file an action against the perpetrator and the employee even if the applicable statute of limitations has run. This Act defines sexual violence and provides when a public employee who suffered sexual violence by a supervisor may file suit against an employer. This Act will allow a public employee who was a victim of sexual violence 1 year from the effective date to file claims in Superior Court.
3/5/2021 SS 1 for SB 38 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION. In 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, Senate Bill No. 38 was introduced to make changes to clarify language or increase the efficiency of the process. Like Senate Bill No. 38, this Substitute does the following: (1) Clarifies that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) Clarifies that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) Clarifies that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discre
3/5/2021 SB 76 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS. This Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Div
3/5/2021 SB 77 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE COMMUNITY-BASED NALOXONE ACCESS PROGRAM. This Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.
3/5/2021 SB 78 AN ACT TO AMEND TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO QUALIFICATIONS FOR MEMBERS OF SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION. This Act enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a sch
3/5/2021 SB 82 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL REGISTRATION. This Act codifies the Department of Education’s (“Department”) current efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. This Act requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process must include certain features. In addition, this Act requires the Department to provide training to
3/5/2021 HB 10 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AGREEMENT TO PHASE-OUT CORPORATE GIVEAWAYS ACT. This Act adopts the Agreement to Phase-Out Corporate Giveaways, under which member states are prohibited from offering or providing company-specific tax incentives or grants to an entity as inducement for the entity to physically relocate to the state from a location in a member state. Corporate incentives are among the least effective uses of taxpayer dollars to create and maintain jobs and governments should attract and retain companies based on general conditions, not based on a specific grant for a particular company. The Agreement to Phase-Out Corporate Giveaways creates a level playing field for all employers. This Act takes effect upon the adoption of the Agreement to Phase-Out Corporate Giveaways by 2 or more states. This Act is known as the “Agreement to Phase-Out Corporate Giveaways”.
3/5/2021 HB 97 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES AND PAY WITH CASH. This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.
3/5/2021 HB 110 AN ACT TO AMEND TITLE 14 RELATING TO TRANSPORTATION OF PUPILS. Current Delaware regulations provide that transportation benefits must be provided for students in grades K through 6 who live 1 or more miles from the schools to which district administrators would normally assign them. In grades 7 through 12, the same students are entitled to transportation benefits if they live 2 or more miles from their assigned public schools. See 14 Del. Admin. C. § 1150-12.1. This Act expands transportation benefits to students in grades 7 and 8 who live 1 or more miles from the public schools to which district administrators would normally assign them. This Act takes effect upon enactment and allows immediate implementation while also providing schools until September 1, 2023, to implement. In addition, this Act does the following: - Amends the section header for § 2905, Title 14 to more accurately reflect the section’s subject matter. - Clarifies the Department of Education’s authority to
3/5/2021 HS 1 for HB 92 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE TERM OF SCHOOL BOARD MEMBERS. House Bill No. 92 reduces the term of a member elected to a school board from 5 years to 4 years for members elected after December 31, 2021. House Substitute No. 1 for House Bill No. 92 differs from House Bill No. 92 because it clarifies that under § 1052(c) of Title 14, 2 members of a school board may be elected in the same year when the terms of both members expire the same year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
3/1/2021 SB 68 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EMPLOYEES OF THE DEPARTMENT OF CORRECTION. This Act expands eligibility for the Department of Correction's Education Assistance Fund beyond correctional officers to employees who hold a position at paygrade 15 or below and meet the other existing requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating a new Subchapter III of Chapter 89 of Title 29, because the Department of Correction's Education Assistance Fund is not related to the topic of Subchapter II.
3/1/2021 SS 1 for SB 62 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION MINIMUM REQUIREMENTS. This Act sets the minimum educational course requirements for each grade. It does not set the curriculum for these courses or how they will be presented within the classroom. The life skills program replaces the half credit currently listed as part of the 3.5 electives required for graduation and is not an additional half credit added to the graduation requirements. This Substitute Bill differs from Senate Bill No. 62 by clarifying the title of the new § 4142 and correcting errors made in the drafting process, specifically the list of areas for which a student must receive a passing grade in grade 12 to graduate.
3/1/2021 SS 1 for SB 59 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE. This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.
3/1/2021 SB 67 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO JURISDICTION OVER OFFENSES RELATING TO THE STATE GAMBLING EXCLUSION LISTS. This Act removes the exclusive jurisdiction of the Superior Court for offenses under § 4836 of this Title on the basis of the voluntary and involuntary exclusion lists. This would allow the Court of Common Pleas to hold jurisdiction over these offenses as these are class A misdemeanor offenses.
2/22/2021 HB 102 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT. This Act removes the broad exemption in the Freedom of Information Act for the University of Delaware and Delaware State University and creates the following specific exemptions for some records of public institutions: 1. Confidential letters or statements related to admission, employment, or honors. 2. Proprietary information related to study or research. 3. Personal fundraising strategies relating to and confidential financial and personal information about identifiable donors or prospective donors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a corporation for educatio
2/22/2021 HB 103 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO AUTO REPAIR FRAUD PREVENTION, AND PROHIBITED TRADE PRACTICES. This bill clarifies definitions relating to airbags, counterfeit supplemental restraint system components, nonfunctional airbags, and supplemental restraint systems, and prohibited trade practices.
2/22/2021 HB 107 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FIRST AMENDMENT RIGHTS OF PUBLIC SCHOOL STUDENTS. In the 1943 decision West Virginia State Board of Education v. Barnette, 63 S. Ct. 1178, the U.S. Supreme Court held that a public school requirement that students salute the flag or face punishment violated the First Amendment of the Constitution because it compelled students to declare a belief. Under Barnette and similar decisions, current Delaware law, which requires teachers and students to salute and pledge allegiance to the American flag every morning is unconstitutional because it is coercive. State law requires teachers and students to “salute and pledge allegiance to the American flag” every day and imposes a criminal penalty on a principal or teacher who fails to require students to participate in the salute and pledge of allegiance. A New Hampshire law requiring that time be provided during the school day to recite the pledge of allegiance and which specifically
2/22/2021 HB 104 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEEN DATING VIOLENCE AND SEXUAL ASSAULT. This Act moves the date by which the Department of Education shall submit its annual report to the Domestic Violence Coordinating Council from August 1 to October 15 of each year. Moving the date to October 15 will better accommodate the data collection, quality control, and certification process utilized by the Department of Education. Schools and districts are required to enter their data by July 1 and the process of verifying the information and making any corrections necessary to certify the data is usually finished by October 1.
2/19/2021 SB 59 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE. This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution.
2/19/2021 SB 62 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION MINIMUM REQUIREMENTS. This Act sets the minimum educational course requirements for each grade. It does not set the curriculum for these courses or how they will be presented within the classroom. The life skills program replaces the half credit currently listed as part of the 3.5 electives required for graduation, and is not an additional half credit added to the graduation requirements.
2/19/2021 SB 63 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING. This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the h
1/28/2021 HB 98 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. This Act would allow importers to take orders from retailers any day including Sundays and holidays and process them for delivery.
1/28/2021 HB 94 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE MINIMUM WAGE FOR EMPLOYEES RECEIVING TIPS OR GRATUITIES. The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
1/28/2021 HB 91 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES. This Act amends Delaware’s Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code), to give Delaware consumers and businesses the protection against unfair acts or practices in commerce that the General Assembly intended to give them when it enacted the Consumer Fraud Act. When the General Assembly enacted the Consumer Fraud Act in 1965, it stated, in what is now § 2512 of Title 6 of the Code, that the purpose of the Consumer Fraud Act is “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State,” and that “[i]t is the intent of the General Assembly that such practices be swiftly stopped.” However, § 2513(a) of the Consumer Fraud Act, as enacted, prohibits only deceptive practices, and does not protect consumers and businesses from unfair practices as the General As
1/28/2021 HB 100 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS. This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illne

Budget Bill Category: 95-03-00 BLOCK GRANTS AND OTHER PASS THROUGH PROGRAMS

1/28/2021 HB 105 AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. This Bill is the Fiscal Year 2022 Appropriations Act.

Budget Bill Category: 95-01-00 DEPARTMENT OF EDUCATION

1/28/2021 SB 55 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SCHOOL ACCESS TO EPINEPHRINE AUTOINJECTORS. This Act creates emergency access to epinephrine that allows an institution of higher education to acquire and stock a supply of epinephrine autoinjectors if an employee or agent has completed a training program. This Act allows the individual who has completed the training program to provide an epinephrine autoinjector to someone experiencing anaphylaxis for immediate self-administration or administer an epinephrine autoinjector to someone experiencing anaphylaxis. Before an individual administers an epinephrine autoinjector under this Act, the individual must notify EMS immediately, and after administration, must report the administration to the prescribing health-care provider. This Act also makes technical corrections to conform existing law to the creation of the new subchapter and to the standards of the Delaware Legislative Drafting Manual..
1/28/2021 SB 56 AN ACT TO AMEND THE DELAWARE CODE RELATING TO EDUCATIONAL OPPORTUNITY FUNDING. This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools.

Budget Bill Category: 95-03-00 BLOCK GRANTS AND OTHER PASS THROUGH PROGRAMS

1/28/2021 SB 50 A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2022; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS. This Bill is the Fiscal Year 2022 Bond and Capital Improvements Act.

Budget Bill Category: 95-01-00 DEPARTMENT OF EDUCATION

1/27/2021 HB 86 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION FUNDING. This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the fun
1/27/2021 HB 88 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO MINIMUM WAGE. This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.
1/27/2021 HB 89 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR HIGHER EDUCATION. This act will allow a critical need reimbursement to be distributed directly to an institute of higher education or Secretary of Education approved Alternative Routes to Teacher Licensure and Certification program for an eligible teacher who is taking noncredit-earning seminars or workshops or credit-bearing coursework in order to attain a Standard Certification in a state-approved critical need area.
1/27/2021 SB 54 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM BASED ON PROPERTY ASSESSMENTS (D-PACE) OR OTHER LOCAL ASSESSMENT STATUTE. This bill makes certain technical amendments to the Delaware Voluntary Clean Energy Financing Program Based on Property Assessments (D-PACE) Act. The amendments are based upon comments received from New Castle County and the lending community. The bill clarifies the interplay between the Act and existing tax and foreclosure sale statutes and that the lien for the energy improvements will remain with the property following a tax monition sale and mortgage foreclosure. It also clarifies the authority of the Sustainable Energy Utility and third party capital providers to enforce the lien for delinquent assessments for clean energy improvements.
1/25/2021 SB 51 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DISCIPLINARY SANCTIONS BY THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION EXAMINERS. This Act increases the monetary penalties for sanctions by the Board of Plumbing, Heating, Ventilation, Air Conditioning, and Refrigeration Examiners.
1/25/2021 SB 48 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DISCIPLINARY SANCTIONS BY THE BOARD OF ELECTRICAL EXAMINERS. This Act increases the maximum monetary penalty for a sanction by the Board of Electrical Examiners’ from $1,500 to not less than $4,500. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/25/2021 SB 49 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PREVAILING WAGE LAW AND ITS APPLICABILITY TO THE STATE PROCUREMENT ACT. This act clarifies that the University of Delaware, like other institutes of higher learning including Delaware State University and Delaware Technical and Community College, must comply with the terms of the Prevailing Wage Law for projects secured under the State Procurement Act. This Act ensures that laborers and trade unions working on public work projects at or for the University of Delaware enjoy the same protections of the Prevailing Wage Law as they would on any other project governed by the SPA. The bill is curtailed such that it will only apply to the University’s designation as a “state agency” for the limited purpose of the application of the Prevailing Wage Law, and does not otherwise expand or limit the entity’s duties and liabilities under any other governing statute. This Act makes technical corrections to conform existing law to the
1/22/2021 SB 44 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION. This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/21/2021 HB 81 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES. This Act allows 2 or more microbreweries to share brewing equipment if the microbreweries maintain separate premises to sell their product to consumers and wholesalers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/21/2021 SB 30 AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2021. This Act amends the Fiscal Year 2021 Bond and Capital Improvements Act to (1) authorize a portion of funding previously allocated to the Kalmar Nyckel Foundation to be used for unrestricted operations; (2) authorize additional reimbursements from the Community Transportation Fund; (3) authorize the Secretary of State to rapidly complete restoration and maintenance projects and sell, transfer or acquire historic buildings and sites; (4) authorize New Castle County Vocational Technical School District to transfer non-obligated funds from Howard High School/1927 Building to St. Georges Technical High School and Delcastle Technical High School; (5) authorize funding previously allocated to the Peoples Settlement Association to be used for additional repairs; (6) authorize funding from the Transportation Inf
1/20/2021 HB 77 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF HARMFUL FLAME RETARDANTS. This Act 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. This Act takes effect on July 1, 2021.
1/15/2021 HB 80 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN. This bill provides that for correction officers and specified peace officers, the amount of ordinary service or disability pension benefits given to state employees shall also include the following: (1) Before January 1, 2022, 2.45% of his or her final average compensation multiplied by years of service above 25 years; (2) On January 1, 2022, 2.5% of his or her average compensation multiplied by the number of years of service up to 20 years, plus 3.5% of his or her average compensation multiplied by the number of years of service above 20 years. The increased multipliers that take effect on January 1, 2022, reflect increased costs, reduced benefits, and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace
1/14/2021 HB 71 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO DECREASING THE REALTY TRANSFER TAX. This Act decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017.
1/14/2021 HB 69 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO AUTHORIZING A PILOT PROGRAM TO ISSUE GRANTS FOR THE INSTALLATION OF RESIDENTIAL DRINKING WATER PURIFICATION SYSTEMS. This bill establishes a 2-year residential drinking water purification system pilot program to be administered through the Department of Health and Social Services with funding through the Drinking Water State Revolving Fund.
1/14/2021 HB 73 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND PAROLE RECOMMENDATONS FOR HOUSE ARREST. This Act reflects a recommendation of the 2019 Comprehensive Reentry Plan and Progress Report which allows the Department of Corrections, Probation and Parole officers the flexibility to recommend to a court house arrest (Level IV home confinement) for any probation violator in appropriate circumstances. Under current law, Probation and Parole may not recommend house arrest (Level IV home confinement) for a person who violates probation if the person was initially convicted of a “violent crime.” Accordingly, recommendations pertaining to probation violations for persons convicted of a “violent crime” are limited to Levels 1-3 (a lower level of supervision) or Level V (incarceration) which may be excessive and costly. The Act also makes non-substantive changes to existing law to make it conform to the Legislative Drafting Manual.
1/14/2021 HB 72 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF A DEPUTY COMMISSIONER OF THE DEPARTMENT OF CORRECTION. This Act creates the position of Deputy Commissioner of Correction.
1/14/2021 HB 70 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ESTABLISHMENT OF BUREAUS WITHIN THE DEPARTMENT OF CORRECTION. This Act revises the bureaus established within the Department of Correction. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual.
1/12/2021 SB 21 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING. This Act amends the Delaware Energy Act to encourage the adoption of electric vehicles in the State by creating more accessible electric vehicle charging infrastructure. Specifically, this Act permits State agencies to charge a fee for public or employee use of electric vehicle supply equipment installed by the agency so long as the fees do not exceed the agency’s costs. “Costs” means the costs associated with electricity used by the agency’s electric vehicle supply equipment, installation of the agency’s electric vehicle supply equipment, and maintenance of the infrastructure and equipment of the agency’s electric vehicle supply equipment. This Act limits the locations where the charging infrastructure may be placed by the State to state-owned or state-leased properties used by state employees or visitors.
1/12/2021 SB 22 AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO INVASIVE PLANTS. This Act prohibits the import, export, sale, transport, distribution, or propagation of any plant identified by the Secretary of the Department of Agriculture, with the advice of the Delaware Native Species Commission, as an invasive plant. This Act also requires that plants identified as potentially invasive be sold with a tag that identifies the plant as potentially invasive. A violation of this Act may result in a civil penalty of $50 to $500, but only after the person has had the opportunity for an administrative hearing and the opportunity to come into compliance with this Act. This Act takes effect July 1, 2022.
1/12/2021 SB 20 AN ACT TO AMEND TITLE 6 AND TITLE 21 OF THE DELAWARE CODE RELATING TO PARKING. This Act clarifies that a person with a special license plate or permit for persons with disabilities may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/12/2021 SB 28 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS. This Act represents the consensus agreement among the Department of Safety and Homeland Security, the Department of Transportation, and stakeholders to provide the public with access to de-identified accident data. Access to the crash history of intersections will enable the public to weigh in on development discussions and roadway projects. This Act also clarifies when accident reports may be released and the purposes for which accident reports can be used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee and this Act codifies the existing practice of allowing a state law-enforc
1/12/2021 SB 19 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXCEPTIONAL CHILDREN IN HOMESCHOOLS. This Act makes children with disabilities who attend homeschools eligible to receive speech language pathology and audiology services in the same manner as students who attend private schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/12/2021 SB 32 AN ACT TO AMEND THE DELAWARE CODE RELATING TO DISCRIMINATION. A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/12/2021 SB 29 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY FUND. This Act enhances 2 existing agricultural horse racing programs, the Delaware Standardbred Breeder's Program and the Delaware Certified Thoroughbred program, by providing additional funding. Under this Act, horsemen provide half of the additional funds from purse money and the State provides half of the additional funds with matching funds.
1/12/2021 SB 33 AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS. This Act modifies the Renewable Energy Portfolio Standards Act to do the following: (1) Continues increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035. (2) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. (3) Eliminates “cost-cap” mechanism for freezing the RPS and replaces it with a market-based mechanism. (4) Clarifies the rulemaking authority for this Act.
1/12/2021 SB 26 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIVESTREAMING BOARD MEETINGS OF THE UNIVERSITY OF DELAWARE, DELAWARE STATE UNIVERSITY, AND DELAWARE TECHNICAL AND COMMUNITY COLLEGE. This Act requires that meetings of the Board of Trustees for the University of Delaware, Delaware State University, and Delaware Technical and Community College must be livestreamed using technology that permits the public to hear all participants contemporaneously. This Act also requires that recordings of the livestreamed meetings must be maintained on a public website. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a corporation for educational purposes sustained in whole
1/11/2021 HB 63 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CHILDHOOD LEAD POISONING PREVENTION ACT. This Act requires the Department of Health and Social Services to provide staff support for the Childhood Lead Poisoning Advisory Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/11/2021 HB 65 AN ACT TO AMEND TITLES 19, 29 AND 30 OF THE DELAWARE CODE RELATING TO COVID-19 RELATED UNEMPLOYMENT BENEFITS, ASSESSMENTS AND RULEMAKING AUTHORITY. This bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 waives the 13-week waiting period for the state to "trigger on" to pay extended unemployment benefits in periods of high unemployment. Section 2 establishes the 2021 new employer assessment rate, average industry assessment rate, and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 extends the provisions in H.B. 352 from the 150th General Assembly authorizing the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insura
1/7/2021 HB 54 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO OPTIONAL MID-YEAR UNIT COUNT. This Act clarifies the method of calculating the optional mid-year unit count, as well as how the mid-year count may be used and makes the option available to charter schools. A school district or charter school will qualify for state financial support for each additional unit under the optional unit count at the daily rate of a Class A substitute teacher, including other employment costs, for the remaining days of the school year. The Act authorizes school districts to provide a local match for personnel costs associated with the optional mid-year unit count.
1/7/2021 HB 47 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FAMILY LEAVE. In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. This bill clarifies that school district employees are entitled to the same unpaid leave.
1/7/2021 HB 48 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH CARE COMMISSION. This Act establishes a Health Care Provider Loan Repayment Program for new primary care providers to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may award education loan repayment grants to new primary care providers of up to $50,000 per year for a maximum of 4 years. Priority consideration may be given to DIMER-participating students and participants in Delaware based residency programs. Sites eligible to apply for grants on behalf of their new primary care providers must be located in underserved areas or areas of need and must accept Medicare and Medicaid participants. Grants to hospital sites must be matched on a dollar-for-dollar basis by the applicant hospital and the disbursement of grants from the program is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in
1/7/2021 HB 60 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S REMEDIES RELATING TO THE RENTAL UNIT. This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs.
1/7/2021 HB 57 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RULES AND REGULATIONS RELATING TO CERTAIN BUILDINGS SINGLE ROOM LEASE. This bill requires a landlord to provide 15 days written notice to a single room tenant prior to the termination of a rental agreement for any reason other than a material violation. This notice provision ensures that the tenant has time to find suitable housing prior to the termination of their current lease, while still permitting a landlord to quickly remove a tenant renting a single room within a house.
1/7/2021 HB 59 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO EQUIPMENT VIOLATIONS. This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle.
1/7/2021 HB 56 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ARREST FOR VIOLATION - LIQUIFIED PETROLEUM GAS CONTAINER. This amendment repeals Title 16 § 7204 in its entirety. This particular section prescribes a practice that is typically unused and handled through a traditional warrant process by charging a previous section of this chapter brought by a law enforcement officer. Additionally, the act of recovering a container possessed by someone other than the owner is more appropriately handled through the civil replevin process.
1/7/2021 HB 46 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. Currently the Delaware Code does not permit alcoholic beverage license holders to brew hard seltzers or other non-malt based products that they are otherwise allowed to brew as a result of obtaining a Federal Brewer’s Notice. This Act permits Delaware brewery-pub and microbrewery license holders to brew, bottle and sell hard seltzers and other fermented beverages made from malt substitutes and includes specific tax on fermented beverages. The language of the Act also mirrors the federal definition of a malt-substitute product.
1/7/2021 HB 45 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. This Act increases from 3 to 5 the number of establishments at which a brewery-pub that is licensed in Delaware may brew, bottle, and sell beer. It also increases from 3 to 5 the number of licenses a brewery-pub may have for the sale of off-premises consumption, or from 2 to 4 if the licensee also holds a microbrewery license. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/7/2021 HB 42 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE EXAMINATIONS. This Act eliminates § 321(d) since § 321(c) sets forth the accepted process for furnishing of examination reports and hearing requests by the Commissioner.
1/7/2021 HB 39 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE. This bill requires that inadvertent out-of-network services be included in individual and group health insurance policies as well as group and blank health insurance policies. This bill defines inadvertent out-of-network services are those services that are covered under a policy or contract of health insurances, but are provided by an out-of-network provider in an in-network facility, or when in-network health care services are unavailable or not made available to the insured in the facility. Inadvertent out-of-network services also includes laboratory testing ordered by an in-network provider but performed by an out-of-network laboratory.
1/7/2021 HB 37 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PUBLIC HEALTH EMERGENCY CREDITS. Delaware, like the rest of the country and the world, has been struggling with the COVID-19 pandemic since March of 2020. The worst outbreaks have occurred in facilities where people live and/or work in tight communal settings – long-term care facilities, prisons, and meat processing plants. There is no real way to prevent an outbreak and the spread of a highly contagious disease inside a prison where inmates share cells, communal recreation and dining spaces, and in some instances reside in large bunk rooms. Furthermore, the COVID-19 pandemic has severely disrupted the operations of the prisons as they struggle with staff shortages due to illness and quarantines, and curtail activities to reduce opportunities for community spread within the prison. This bill seeks to address both the COVID-19 pandemic as well as any future public health emergency that impacts prison operations and conditions b
1/7/2021 HB 1 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. Food and drink establishments suffered great losses since March, 2020 due to the pandemic including millions of dollars in lost sales and the loss of an tens of thousands of jobs in this State. This Act extends the provisions contained in HB 349 from the 150th General Assembly until March 31, 2022 with the goal of continuing the efforts to try and mitigate the losses this industry has suffered. This bill extends the following provisions in HB 349: (1) Allowing an entity that has a valid on-premise license to sell alcohol to continue to alcoholic beverages as part of transactions for take-out, curbside, or drive-through food service so long as certain conditions are met; (2) Allowing a licensee to continue to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions; (3) Allowing the Commissioner to temporarily suspend a license only if the Commissioner has reas
1/7/2021 HB 32 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TRASH CONTAINERS ON HIGHWAYS. This Act provides all law-enforcement officers the authority to enforce the existing labeling requirements for dumpsters that are in a public road or parking lot. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
1/7/2021 HB 24 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SUSPENSION OF VEHICLE DEALERSHIP OWNERS DEALERSHIP LICENSE. This legislation closes several loopholes that dealers have been using to get around suspended or revoked dealership licenses. Currently the Division of Motor Vehicles will suspend or revoke a dealer license, and the dealer will get a family member or friend to apply for a dealership license and employ the suspended dealer at the dealership in a managerial, financial, or sales capacity thereby negating the suspension or revocation. This legislation closes that loophole by preventing a dealer who has had their license suspended, revoked, or renewal refused from being employed at Delaware licensed dealerships for periods of time commensurate with their revocation or suspension. Additionally, to prevent a further loophole wherein the dealer would simply turn in their dealer license upon receiving notice by the Division that their license will be revoked, suspended, or re
1/7/2021 HB 23 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. This Act increases by one the number of licenses for the sale of alcoholic liquor an individual or entity may have an interest in, from two to three.
1/7/2021 HB 11 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY PROPERTY TAX RATES. This Act represents the work and recommendations of the Local Service Functions Task Force created by House Concurrent Resolution No. 54 of the 150th General Assembly (“Task Force”). The Task Force held 17 meetings during 2019 and 2020 and after considerable research and discussion, the members of the Task Force unanimously approved recommending these changes to the New Castle County budgeting process. In order to implement these changes for the Fiscal Year 2023 budget (“FY 23 Budget”), the first deadline in this Act that New Castle County must meet is January 31, 2021. This Act revises the process by which the New Castle County tax rate for owners of real property in municipalities is calculated so that the tax rate more fairly attributes the cost of services to property owners in municipalities and the unincorporated area. This Act is modeled on the process that has been used successfully
1/7/2021 HB 26 AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO PROSECUTION OF JUVENILES. This Act requires the Department of Services for Children, Youth and Their Families ("DSCYF'') to have exclusive jurisdiction over all aspects of a child’s care, custody and control when a child is convicted of a Superior Court offense. The Act establishes that from a date certain, no more juveniles would be transferred to the custody of the Department of Correction upon their adjudication and Level V sentence in Superior Court. The Act also provides that when a juvenile’s case is transferred to Superior Court, a reverse amenability hearing must be filed within 60, not 30, days of arraignment and that the time period may be enlarged by the Court for good cause.
1/7/2021 HB 35 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR. This Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals, such as, school counselors, social workers, licensed clinical social workers, school psychologists, and school nurses.
1/7/2021 HB 33 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHYSICIAN ASSISTANTS. This bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. The bill retains a 1:4 ratio of physician assistants to physicians, unless a regulation of the Board increases or decreases the number. This limit of 1:4 does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department. This bill adds 2 physician assistants members recommended by the Regulatory Council for Physician Assistants to the Board of Medical Licensure and Discipline in lieu of 2 public members. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.
1/7/2021 HB 12 AN ACT TO AMEND TITLES 9 AND 14 OF THE DELAWARE CODE RELATING TO EXEMPTIONS FROM TAXATION ON REAL PROPERTY. This Act fully exempts county property taxes and local school taxes for a disabled veteran with a 100% VA rated service-connected, permanent and total disability or for a disabled veteran who is receiving 100% disability compensation due to individual unemployability. The 100% rating and disability compensation is determined by the United States Department of Veterans Affairs. This Act sets forth the minimum requirements that a claimant in any county must meet in determining eligibility for the exemption. Each county may impose additional requirements as necessary for eligibility. The minimum requirements are as follows: (1) the disabled veteran must be legally domiciled in the State for a period of time established by the county; and (2) the property for which the exemption is sought must be solely owned by the disabled veteran (or jointly with spouse) and used as his or her pr
1/7/2021 HB 16 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXES ON PERSONAL INCOME. Section 1 of this Act modifies Delaware’s Earned Income Tax Credit (EITC) to allow recipients to choose the most beneficial credit to be applied against their Delaware Personal Income Taxes. Under this Act, recipients can choose between a non-refundable credit of up to 20% of the value of the corresponding federal EITC or a refundable EITC credit of up to 4.5% of the value of the corresponding federal EITC. Section 2 of this Act makes the change to Delaware’s EITC effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue’s modernized Integrated Revenue Administration System, which is currently under developme
1/7/2021 HB 18 AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO COMPLETE COMMUNITY ENTERPRISE DISTRICTS. This Act revises the requirements for the shape of a Complete Community Enterprise Districts (“District”) to maximize the use of transit, walking, and bicycling by residents and employees. Specifically, this Act does all of the following: 1. Eliminates the minimum size. 2. Requires the District to contain more than 1 parcel and that part of at least 1 parcel be within a ½ mile from a bus or rail stop or station. 3. Requires the District to include adjacent neighborhoods within a ½ mile from a bus or rail stop or station. 4. Prohibits a district from being in the shape of a linear corridor and requires that each parcel of land in the District is zoned to maximize the use of transit, walking, and bicycling. 5. Requires that a District be part of a master development plan that maximizes the use of transit, walking, and bicycling by residents and employees. This Act also repeals the definitio
1/7/2021 HB 200 AN ACT TO AMEND THE DELAWARE CODE RELATING TO CLEAN WATER FOR DELAWARE. Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Comm
1/7/2021 HB 21 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO AN ADVANCED PRACTICE REGISTERED NURSE COMPACT. This Act adopts the Advanced Practice Registered Nurse Compact. The Compact benefits the public by improving continuity of care, increasing license portability for advanced practice registered nurses, and increasing access to APRN care. Under the Compact, APRNs licensed in a Compact member state may practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced. This Act takes limited effect for the purpose of establishing and convening the Interstate Commission of APRN Compact Administrators (Commission) to adopt rules relating to its operation when 7 states have enacted it into law.
1/7/2021 HB 22 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DIGITAL RIGHT TO REPAIR ACT. This bill creates the Delaware Digital Right to Repair Act. Currently when an electronic product such as a phone or electronic game breaks, it is only allowed to be repaired by the manufacturer. Parts are not available whether you are a consumer or a local repair shop. This act requires the manufacturer to make parts, documentation, tools, and updates available on fair and reasonable terms.
1/7/2021 HB 20 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVISION OF FREE FEMININE HYGIENE PRODUCTS. This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.
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