Daily Report for 3/20/2025

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 20Passed GormanThis House Concurrent Resolution urges Delaware schools and school districts to adopt and implement clear policies regarding immigration enforcement and emphasizes the importance of student safety and data privacy. It also requests that the Department of Education develop model policies to assist schools and school districts in the development and maintenance of clear guidance and messaging.URGING DELAWARE SCHOOLS AND SCHOOL DISTRICTS TO ADOPT AND IMPLEMENT CLEAR POLICIES REGARDING IMMIGRATION ENFORCEMENT AND THE IMPORTANCE OF STUDENT SAFETY AND DATA PRIVACY.
SB 77Committee SturgeonThis Act prohibits the sale of electronic smoking devices and nicotine vapor products that are not included in a directory of manufacturers and products eligible to be sold in the state. To be added to the directory, manufacturers of electronic smoking devices and nicotine vapor products must certify that they have complied with federal tobacco product premarket application requirements and pay annual fees.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO ELECTRONIC SMOKING DEVICES AND VAPOR PRODUCTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 46Out of Committee MantzavinosThis Act prohibits any autonomous vehicle that requires a Class A commercial driver license without an O restriction from being operated on a Delaware highway for testing purposes, transporting goods, or transporting passengers without a human safety operator being physically present within the autonomous vehicle. A two-thirds vote requirement is required under Section 28 of Article IV of the Delaware Constitution. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO AUTONOMOUS VEHICLES.
SB 61 w/ SA 1Out of Committee HansenThis bill requires disclosure of votes cast at meetings of, or matters before, the PJM Interconnection Regional Transmission Organization.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND VOTING BY MEMBERS OF THE PJM INTERCONNECTION REGIONAL TRANSMISSION ORGANIZATION.
SB 59Out of Committee HansenPublic utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorized the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business. Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES.
SB 60 w/ SA 2Committee HansenThis Act requires the Delaware Public Service Commission to ensure that all regulated utilities do not use customer funds to subsidize unregulated activities for example, lobbying activities, political contributions, charitable contributions, and certain advertising and public relations activities. This Act places a cap on annual capital expenses in the amount of $125 million for electric distribution companies. This Act also contains a severability clause.AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES.
HCR 12Passed D. ShortThis Resolution pays tribute to the men and women of the Delaware National Guard for their service and sacrifices in support of defending our state and nation, and recognizes the outstanding advocacy provided by the National Guard Association of DelawareHONORING THE MEN AND WOMEN OF THE NATIONAL GUARD ASSOCIATION OF DELAWARE FOR THEIR SERVICE IN ADVOCATING, ORGANIZING, TRAINING, AND EQUIPPING THE NATIONAL GUARD IN SUPPORT OF THE DEFENSE OF OUR STATE AND NATION.
HCR 19Passed GriffithThis House Concurrent Resolution designates the 21st day of the Month of March 2025 as “Rock Your Socks for World Down Syndrome Day” and celebrates the beauty and contributions that people with Down syndrome make in Delaware.RECOGNIZING MARCH 21, 2025, AS "ROCK YOUR SOCKS FOR WORLD DOWN SYNDROME DAY".
SA 2 to SB 60Passed HansenThis amendment restricts a public utility from recovering from customers organizational or membership dues but only to the extent that the organization engages in lobbying or similar activities intended to influence the outcome of legislation, rules, ballot measures, or regulatory decisions. With respect to the $125 million dollar cap on annual capital expenses at lines 37 through 40 of the bill, this amendment adds an exception for emergency or extraordinary circumstances, including natural disasters and tariffs, that require the electric distribution company to incur greater capital expenses above the cap.
SA 1 to SB 61Passed HansenThis amendment changes the reporting requirements in Senate Bill No. 61 for the disclosure of voting at meetings of, or matters before, the PJM Interconnection Regional Transmission Organization.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SCR 30Passed TownsendThis Senate Concurrent Resolution proclaims the month of April 2025 as “Sikh Awareness and Appreciation Month” in the State of Delaware.PROCLAIMING THE MONTH OF APRIL 2025 AS “SIKH AWARENESS AND APPRECIATION MONTH” IN THE STATE OF DELAWARE.

Senate Committee Assignments

Committee
Banking, Business, Insurance & Technology
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BillCurrent StatusSponsorSynopsisTitle
Elections & Government Affairs
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Environment, Energy & Transportation
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Health & Social Services
BillCurrent StatusSponsorSynopsisTitle
SB 77CommitteeSturgeonThis Act prohibits the sale of electronic smoking devices and nicotine vapor products that are not included in a directory of manufacturers and products eligible to be sold in the state. To be added to the directory, manufacturers of electronic smoking devices and nicotine vapor products must certify that they have complied with federal tobacco product premarket application requirements and pay annual fees.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO ELECTRONIC SMOKING DEVICES AND VAPOR PRODUCTS.
HB 21Out of CommitteeK. WilliamsThis Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE.
Labor
BillCurrent StatusSponsorSynopsisTitle
HB 20PassedOsienskiThis Act expands the statute for obtaining criminal background checks from just employees and contractors within the Department of Labor, Division of Unemployment Insurance who have access to federal tax information, to all new hires, transfers, promotions, contractors, subcontractors, and volunteers of the following departments, divisions, and offices: (1) Division of Unemployment Insurance; (2) Division of Paid Leave; (3) IT staff of the Department of Labor; (4) Individuals with access to the Workers’ Compensation Second Injury Fund within the Division of Industrial Affairs; and (5) Vocational Rehabilitation Counselors within the Division of Vocational Rehabilitation who work one-on-one with vulnerable clients. This Act also allows the Delaware State Bureau of Identification to provide criminal history record information that arises after the date the background check is completed, known as rap back, and requires current employees of various divisions and positions within the Department of Labor to submit fingerprints so the Department may be notified if an employee’s criminal history record information changes. Finally, this Act moves the background check provision contained in Chapter 33 to Chapter 1 of Title 19, given its broader scope. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATED TO CRIMINAL BACKGROUND CHECKS FOR DEPARTMENT OF LABOR EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS WITH ACCESS TO CONFIDENTIAL OR SENSITIVE INFORMATION.

House Committee Assignments

Committee
Appropriations
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BillCurrent StatusSponsorSynopsisTitle
Education
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Health & Human Development
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Natural Resources & Energy
BillCurrent StatusSponsorSynopsisTitle
HS 1 for HB 62 w/ HA 1SignedRoss LevinThis Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following: 1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday. 2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year. 3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit. 4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit. 5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season. 6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m. 7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season. 8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred. 9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor. This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality. Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements.AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES.

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Bailey, Eugene R.CommitteeDirector of the Board of Directors, Diamond State Port CorporationNew
Burt, David H.ConfirmedDirector of the Board of Directors, Diamond State Port CorporationNew
Cohan, Jennifer L.CommitteeDirector of the Board of Directors, Diamond State Port CorporationNew
Harris, Ronald E.ConfirmedDirector of the Board of Directors, Diamond State Port CorporationNew
Medd, Robert G.ConfirmedDirector of the Board of Directors, Diamond State Port CorporationNew
Patibanda-Sanchez, Charuni P.ConfirmedChair of the Board of Directors, Diamond State Port CorporationNew