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Daily Report for 4/24/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

Bill	Current Status	Sponsor	Synopsis	Title
SCR 141	Passed	Gay	This resolution recognizes April 6 through 12, 2024, as “Week of the Young Child” in Delaware.	RECOGNIZING APRIL 6 THROUGH 12, 2024, AS "WEEK OF THE YOUNG CHILD" IN DELAWARE.
SCR 147	Passed	Pettyjohn	This Senate Concurrent Resolution recognizes April 2024 as “Limb Loss and Limb Difference Awareness Month” in the State of Delaware.	RECOGNIZING APRIL 2024 AS “LIMB LOSS AND LIMB DIFFERENCE AWARENESS MONTH” IN THE STATE OF DELAWARE.
HA 1 to SB 200	PWB	Baumbach	This Amendment provides that the Act will take effect on October 1, 2024 or upon enactment, whichever is later.
SS 1 for SB 22	Out of Committee	Huxtable	This Act establishes the “Delaware Workforce Housing Program" (DWHP). Modeled after the Downtown Development District Program, the DWHP allows a qualified workforce housing investor to be reimbursed through a grant up to 20 percent of the capital costs associated with workforce housing units they create. To be eligible for a grant, the project must be located in Investment Levels 1 and 2 as established by the Delaware Strategies for State Policies and Spending. A grant may not be awarded for a housing unit that also uses a federal low-income or state low-income housing tax credit. This program will be administered by the Delaware State Housing Authority (DSHA) and requires the DSHA to provide an annual report on the effectiveness of the program. The Act provides the DSHA with the power to adopt regulations for the DWHP. The substitute bill differs from Senate Bill No. 22 by changing most references to the word “affordable” and replacing it with the word “workforce.” Accordingly, the substitute bill modifies “affordable housing unit” to “workforce housing unit” and modifies “qualified affordable housing investment” to “qualified workforce housing investment.” The change in terminology is to avoid confusion within the housing industry, where the word “affordable” is generally accepted to mean housing for a median income level of 80% and below. To be clear, this Act provides workforce housing for median income levels of 100% and below. References to “affordable” have been changed to “workforce” to reflect this distinction throughout the Act. The substitute further clarifies that, although DSHA may not award a DWH Grant for a housing unit that would also use a federal low-income or state low-income housing tax credit, DSHA may approve DWH Grants for workforce housing units in a multiple unit housing project so long as the DWH Grants are awarded to those specific units that do not use federal low-income or state low-income housing tax credits. The substitute allows for DSHA to use part of the allocations for the administrative costs of the DWHP.	AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ESTABLISHING THE DELAWARE WORKFORCE HOUSING PROGRAM.
SB 278	Committee	Poore	This Act clarifies portions of Chapter 49 of Title 6 and Chapter 63 of Title 21 of the Delaware Code pertaining to motor vehicle dealers. These additions and modifications are intended to further improve our State’s franchise laws and ensure that Delaware consumers have a stable, reliable, convenient, and competitive retail network for automobile sales and service. This Act is an effort to continue to ensure that the relationship between dealers and the manufacturers and distributors is as fair and equitable as possible and provides the highest level of consumer protection. The Act includes the following provisions: Definition Clarifications. The Act clarifies the definitions of “motor vehicle” and “new motor vehicle” to reflect technological advances and changes in industry business practices in the state. The Act also recognizes the limited circumstances issuance of a dealer license to a direct-selling electric motor vehicle manufacturer in 2023. Further, the Act defines motor vehicle selling activities that require licensing and regulation by the state. Fair Compensation for Required Repairs. Dealers are required by contract to perform warranty work for manufacturers. The Act ensures that dealers are fairly paid for performing manufacturer-directed repairs related to warranty repairs, maintenance programs and recall work. Intrusive Audits. Dealers are required by existing law to wait up to 30 days for payment for motor vehicle warranty repairs in order to allow the manufacturer to review and approve payment submissions. Manufacturers are also allowed to later audit such repairs and payments. The Act affords manufacturers a full 6 months to audit warranty claims but will reasonably prevent intrusive and time-consuming audits after 180 days, unless the audit involves cases of alleged fraud. Franchise Termination Compensation. Under existing law, manufacturers must repurchase certain motor vehicles, parts and special tools in the event of the termination of the dealer’s franchise agreement. The Act specifies a 90-day timeframe for payment and clarifies that it is the manufacturer’s responsibility to cover the cost of returns. Return of Unnecessary Tools & Equipment. The Act allows a dealer a limited opportunity to return and be reimbursed for the cost of certain tools and equipment that were required as a part of an electric vehicle program or agreement between that dealer and the manufacturer, if the dealer determines within two years after receipt that such tools and equipment are unnecessary or that sales volume and utilization are low enough to prevent the dealer from realizing a reasonable return on those forced investments. Sale & Subscription of Over-the-Air Features. The Act allows manufacturers to directly sell options, add-ons, features, improvements and upgrades by remote transmission to consumers, provided that the dealers are afforded an equal opportunity to sell the same products and services, and further provided that the manufacturer reasonably compensates the dealer for direct sales or subscriptions to the dealer’s customers for a specified period of time. Association Standing. Franchise laws have been enacted in all 50 states to recognize compelling state interests in protecting consumers and in regulating the disparity in bargaining power between motor vehicle manufacturers and their franchised dealers. Since dealers have a single source for their new motor vehicles, parts and accessories, many are reluctant to raise a single voice to object to unlawful activity by their manufacturer. The Act grants statutory standing to a large association of dealers to bring a legal action, in very limited circumstances, to ensure compliance with applicable law. Licensing. The Act provides that a manufacturer or distributor who was licensed as a motor vehicle dealer on or before May 15, 2023 is not eligible to receive any additional licenses. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The Act is supported by the Delaware Automobile and Truck Dealers’ Association, Inc.	AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

Legislation Passed By Senate

Bill	Current Status	Sponsor	Synopsis	Title
SB 251 w/ SA 1	Committee	Hansen	The Board of Trustees of the Delaware Institute of Veterinary Medical Education (“DIVME”) was established in 1975 with a stated purpose of creating opportunities for Delaware residents to obtain veterinary training and strengthening factors that would encourage them to return to practice in Delaware. DIVME’s statute has had only 2 minor updates since 1975, with the last update in 1993. This Act revamps the board and the DIVME program to meet modern veterinary medical needs in Delaware. Among the changes are: - Renaming DIVME to the “Delaware Veterinary Medicine Education Advisory Council,” more accurately reflecting the group’s purpose. - Providing that the Advisory Council will work with both the Department of Education and the Department of Agriculture to establish a robust program that assists Delaware students interested in practicing veterinary medicine, encourages the students to return to Delaware to practice, and develops programs of education and training in veterinary medicine-related fields and research. - Updating membership of the Advisory Council to better represent the many areas that veterinary medicine impacts Delaware. Several members are added, including the Department of Agriculture, the Office of Animal Welfare, and the Delaware Farm Bureau. - Better defining the Advisory Council’s purpose and duties to empower the Advisory Council to better understand what the needs are in Delaware and develop and recommend methods to promote awareness of educational assistance and opportunities to return to Delaware to practice veterinary medicine. This Act reflects the work of several interested parties to achieve a renewed and reenergized Advisory Council, including the Department of Education, the Department of Agriculture, the Delaware Farm Bureau, the Office of Animal Welfare, the Delaware Veterinary Medical Association, and local animal shelters.	AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE OF VETERINARY MEDICAL EDUCATION AND THE DELAWARE VETERINARIAN MEDICINE EDUCATION ADVISORY COUNCIL.
SS 1 for SB 221 w/ SA 2	Committee	Wilson	This Act provides that the next of kin of a deceased police officer, member of a fire department, or member of the Delaware National Guard is entitled to a Delaware state flag if the deceased person served in at least 1 qualifying entity for at least 10 years and died in the line of duty or while an active member. This Act is a substitute for and differs from Senate Bill No. 221 in the following ways: - Applies to Delaware state flags only. - Removes language that referenced draping a flag over a casket at the deceased person's funeral service. - Removes auxiliary members of a volunteer fire department or a member of service organization providing volunteer ambulance services from list of individuals who qualify for a flag. - Uses the broader term "law-enforcement officer" and clarifies the definition. - Clarifies that a firefighter may be either paid or volunteer to qualify for a flag. - Names the following entities as responsible for providing flags: the Delaware Volunteer Firefighters Association for firefighters, the Department of Safety and Homeland Security for police officers, and the Delaware National Guard for their members.	AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROVISION OF A FLAG TO NEXT OF KIN.
HCR 108	Passed	Dukes	This Concurrent Resolution designates April 24, 2024, as "4-H Day" in the State of Delaware and calls upon Delaware's citizens to recognize the many contributions of the State's 4-H programs.	DESIGNATING APRIL 24, 2024, AS "4-H DAY" IN THE STATE OF DELAWARE.
HCR 113	Passed	Heffernan	This concurrent resolution designates April 22nd, 2024 as “Earth Day” in the State of Delaware.	DESIGNATING APRIL 22ND, 2024 AS “EARTH DAY” IN THE STATE OF DELAWARE
HCR 116	Passed	Dorsey Walker	This Concurrent Resolution recognizes April 24, 2024, as Alpha Kappa Alpha Sorority, Incorporated or “AKA Day at the Capitol” in Delaware.	RECOGNIZING APRIL 24, 2024, AS ALPHA KAPPA ALPHA SORORITY OR "AKA DAY AT THE CAPITOL" IN DELAWARE.
SA 1 to SB 251	Passed	Hansen	This Amendment adds a representative of the State Board of Veterinary Medicine to the Delaware Veterinarian Medicine Education Advisory Council. Because the addition of a member gives the Advisory Council an odd number of members, this Amendment also removes language that prohibited the Advisory Council's chair from voting unless a tiebreaking vote was needed. This Amendment also corrects a technical error.
SA 2 to SS 1 for SB 221	Passed	Wilson	This Amendment does the following: - Adds correction officers and probation and parole officers to the list of positions that qualify for a flag under this Act and names the Department of Correction as the entity that provides flags for these added positions. The Department of Correction will provide flags for probation and parole officers in both the Department of Correction and Department of Services for Children, Youth and their Families. - Names the Delaware Fire Prevention Commission as the entity that provides flags for volunteer or paid members of a fire department. - Corrects a technical error.
HCR 114	Passed	Schwartzkopf	This Resolution recognizes the month of April 2024 as "National Donate Life Month" in Delaware.	RECOGNIZING THE MONTH OF APRIL 2024 AS "NATIONAL DONATE LIFE MONTH" IN DELAWARE.
HCR 118	Passed	Phillips	This concurrent resolution designates the week of April 22nd to the 26th as “National Environmental Education Week” in the State of Delaware.	DESIGNATING APRIL 22ND TO THE 26TH, 2024 AS “NATIONAL ENVIRONMENTAL EDUCATION WEEK” IN THE STATE OF DELAWARE.
HCR 117	Passed	K. Williams	This Concurrent Resolution recognizes April 21-27, 2024, as "Crime Victims' Rights Week" in the State of Delaware. The following websites provide more information on Crime Victims' Rights Week and the resources available to victims and survivors of crime: Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims' Rights Task Force, at https://delawarevictimservices.org.	RECOGNIZING APRIL 21-27, 2024, AS "CRIME VICTIMS' RIGHTS WEEK" IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

House Committee Assignments

Senate Committee Report

House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

Nominee	Status	Commission/Board	Reappointment
Briggs, Lewis W.	Confirmed	Member, Enhanced 911 Emergency Reporting System Service Board	Reappointment
Grubb, Mark A.	Confirmed	Member, Enhanced 911 Emergency Reporting System Service Board	Reappointment
Vincent, Michael H.	Confirmed	Member, Enhanced 911 Emergency Reporting System Service Board	Reappointment