Daily Report for 4/16/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SR 21Passed SenateBrownThis resolution recognizes the efforts of Hawks, Inc. in helping with the clean-up of the 11th Street Bridge after Hurricane Ida in 2021.RECOGNIZING THE EFFORTS OF HAWKS, INC. IN HELPING WITH THE CLEAN-UP OF THE 11TH STREET BRIDGE AFTER HURRICANE IDA IN 2021.
HA 1 to HS 1 for HB 316PWBRomerThis amendment adds an information service or telecommunications service, as defined in 47 U.S.C. § 153, to the type of entity that is exempt from liability for content provided by another person. 
HS 1 for HB 147Out of CommitteeBaumbachThis Act is a substitute for House Bill No. 147. Like House Bill No. 147, this Act provides a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (TOD) deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 18 states (including Virginia) and the District of Columbia and the U.S. Virgin Islands, and a substantially similar law has been enacted in 11 states. The Uniform Real Property Transfer on Death Act is pending before 3 state legislatures and has been enacted in New Hampshire and Utah this year. This Act differs from House Bill No. 147 as follows: (1) By making clear that a transfer of death deed takes precedence over any contrary instruction in a will to transfer the same property. (2) By making clear in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) By authorizing the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose property has transferred to the beneficiary by transfer on death deed. (4) By authorizing a beneficiary to file with the Register of Wills the death certificate of a person whose property has transferred to the beneficiary by transfer on death deed. (5) By making abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to property and may disclose that death certificate to the Register of Wills to prove the person’s legal right to property. (6) Under Section 3 of this Act, clarifying that an individual who executed a transfer on death deed does not die seized of the property and, therefore, the property is not required to be included on an inventory and appraisal to the Register of Wills. (7) Making a clarification in § 5402 of Title 30 contained in Section 5 of this Act. (8) Delaying the effect of this Act until 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 12, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.
HB 372CommitteeCarsonThis Act amends the Delaware Manufactured Homes and Manufactured Home Communities Act by defining the term “day” to mean a calendar day excluding Saturdays, Sundays, and State legal holidays.This Act eliminates anyone with implied permission under definition of “guest” or “visitor”. The Act expands the definition of “tree” to include root system, limbs, trunk and stem.This Act clarifies that a landlord is responsible for maintenance and repairs of all utilities and services up to the home distribution point. This Act requires the landlord to maintain and regrade, in addition to lots, bulkheads, streets and grounds. This Act also requires the landlord to include in rental agreements that for all areas designated by local, state, or federal regulations as wetlands, flood plains, tidal areas and water discharge areas the landlord will coordinate with the appropriate authorities to prevent any lot flooding and keep the tenant advised on, at least an annual basis, of any flood prevention or drainage projects.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOMES AND MANUFACTURED HOME COMMUNITIES ACT.
SA 1 to SS 1 for SB 221StrickenWilsonThis Amendment names the Delaware State Fire Prevention Commission as the entity that provides flags for volunteer or paid members of a fire department. The Amendment also corrects a technical error. 
SB 270CommitteeParadeeThis Act is the statutory recognition of the recommendations set forth in the June 2, 2023, report of the DEFAC Benchmark Evaluation and Review Panel. This Act builds on the State’s existing appropriation limit methodology by formalizing and maintaining the flexibility inherent in the Budget Stabilization Fund process currently enabled by Executive Order No. 21, approved on June 30, 2018, and the last 6 operating budget acts, including § 65 of the fiscal year 2024 Operating Budget Act. Acknowledging this process in statute includes defining rules for deposits to and withdrawals from the Budget Stabilization Fund and adding an objective and stable measure of sustainable budget growth through an advisory index comprised of certain State economic indicators. This Act requires that only the Governor’s recommended Budget Appropriation Bill consider this methodology and detail proposed plans, if any, deemed necessary or desirable in relation to state revenues or reserve funding. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BUDGET AND FISCAL REGULATIONS, ESTABLISHING A BUDGET STABILIZATION FUND, DEFINING DEPOSIT AND WITHDRAWAL STANDARDS FOR THE FUND, AND IMPOSING DEPOSIT AND WITHDRAWAL NORMS THROUGHOUT THE ANNUAL GOVERNOR’S RECOMMENDED BUDGET PROCESS.
SA 1 to SB 25PassedHuxtableThis Amendment clarifies that the exemption applies to affordable housing units constructed as part of a project financed using funding from government affordable housing programs. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 288SignedLonghurstThis Act changes the name of the Division of Research to the "Division of Legislative Services" (Division) to more fully reflect the tasks that the Division performs. In addition to legislative research, the Division's tasks include drafting bills, editing the Delaware Code, staffing task forces, printing bills and other materials for the General Assembly, providing constituent and legislator services through the Legislative Information Office, and publishing the Register of Regulations and Administrative Code. This Act also gives the Director of the Division a consistent job title throughout the Code. Section 28 and Section 43 of this Act change "Legislative Council" to the Division to conform the law to current practice. For reports that must be submitted to the Division, this Act makes consistent that those reports must be submitted to the Librarian of the Division, in addition to the Director. Section 62 delays the effect of this Act until November 6, 2024, to coincide with the start of the 153rd General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND THE DELAWARE CODE AND CHAPTER 168 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE DIVISION OF RESEARCH.
HB 315SignedWilson-AntonThis Act makes technical corrections to remove racist language and provisions from the Delaware Code. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and the current responsibilities of Delaware agencies.AN ACT TO AMEND TITLE 9, TITLE 14, AND TITLE 31 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HCR 107PassedMinor-BrownThis Resolution recognizes April 11 - 17, 2024, as "Black Maternal Health Awareness Week" in Delaware.RECOGNIZING THE WEEK OF APRIL 11 THROUGH APRIL 17, 2024, AS "BLACK MATERNAL HEALTH AWARENESS WEEK" IN DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 127 w/ HA 1, HA 2CommitteeBaumbachThis Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO COUNTY FIRE PROTECTION FEES.
HA 1 to HB 127PassedBaumbachThis Amendment revises House Bill No. 127 to make ambulance service providers who are recipients of a Grant-in-Aid eligible for money collected from a county’s fire protection fee. There are currently 3 volunteer ambulance service providers that are not operated by fire companies but are treated in the same manner as fire companies for certification, audits, and all receive a Grant-in-Aid in the section of the annual Grant-in-Aid bill for fire companies. Under HB 127, “fire protection” includes ambulances and basic life support, but only fire companies who are a recipient of a Grant-in-Aid and provide fire protection outside the City of Wilmington can receive money from a county’s fire protection fee. This Amendment revises HB 127 to define “ambulance service provider” as a organization that is a recipient of a Grant-in-Aid for the operation and maintenance of ambulances and groups ambulance service providers with fire companies under the term “fire protection provider” so that all organizations that receive a Grant-in-Aid and provide ambulance services in the county, outside of the City of Wilmington, are eligible to receive money collected under a county fire protection fee and if these funds are received, the organization must include that money in the annual audit required under current law. 
HB 310 w/ HA 1CommitteeChukwuochaThe United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 6, 14, AND 29 OF THE DELAWARE CODE RELATING TO THE UNITED STATES SPACE FORCE.
HB 14 w/ HA 1CommitteeCarsonThis Act creates a new license for the use of trotlines in commercial crabbing. This Act prohibits a person from possessing a commercial crab pot license and trotline license at the same time. This Act requires a 3/5 vote by each chamber because it creates a license fee pursuant to Section 11(a) of Article VIII of the Delaware Constitution.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TROTLINE LICENSES.
HB 322CommitteeBushThis Act establishes the Delaware Commission on Asian and Pacific Islander Heritage and Culture.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMISSION ON ASIAN AND PACIFIC ISLANDER HERITAGE AND CULTURE.
HS 1 for HB 255 w/ HA 2, HA 1 to HA 2CommitteeOsienskiThis Act makes several updates to the Boiler Safety Program. The Boiler Safety Program can issue certificates of compliance and the Secretary can grant variances. A 6th member is added to the Boiler Safety Council from associated labor unions. It adds an enforcement section for violators who fail to comply with Program requirements. This Act also makes technical corrections to conform with current drafting standards. Finally, the Act allows DNREC to establish fees for the Program that reasonably reflect the cost of the Program and defray its expenses. It therefore requires a 3/5 vote.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE BOILER SAFETY PROGRAM.
HA 1 to HB 310PassedChukwuochaThis Amendment corrects a technical error. 
HB 190 w/ HA 1CommitteeK. WilliamsThis bill updates the current law relating to the Spay Neuter Fund and the administration of that fund to make it easier to administer the fund and animal population control programs. Changes have also been made to conform to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 16 AND 21 OF THE DELAWARE CODE RELATING TO ANIMAL POPULATION CONTROL PROGRAMS.
HA 2 to HB 127PassedBaumbachThis Amendment exempts property owned by the State of Delaware from a county fire protection fee. 
HA 1 to HB 14PassedCarsonThis Amendment does the following: (1) Limits the use of commercial trotlines to a maximum of 3 anchored long lines totaling no more than 3,600 feet; (2) Prohibits trotline users from using commercial or recreational auto dippers for harvesting; and (3) Clarifies that trotlines may not be used between the hours of one hour after sunset and one hour before sunrise. 
SCR 144PassedRichardsonThis Senate Concurrent Resolution recognizes April 2024 as "Child Abuse Prevention Month" in the State of Delaware. RECOGNIZING APRIL 2024 AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF DELAWARE.
HA 1 to HB 190PassedK. WilliamsThis provides that public members of the Spay/Neuter Advisory Committee can only serve 2 terms of 3 years per term.  
HA 2 to HS 1 for HB 255PassedCollinsThis amendment removes the authority for the Department to establish fees to approximate and reflect the costs to operate the Boiler Safety Program, establishes and updates the Boiler Safety Program fees to Chapter 74B, Title 7 of the Delaware Code. Also HA 1 is revised to make a technical change regarding the handling of fee payments. 
HA 1 to HA 2 to HS 1 for HB 255PassedCollinsThis amendment makes technical corrections to the amendment. 

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
Elections & Government Affairs
Environment, Energy & Transportation
Executive
Health & Social Services
Labor
Veterans Affairs

House Committee Assignments

Committee
Housing

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Economic Development/Banking/Insurance & Commerce
Labor
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records