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passed both · Delaware · House May 10, 2022

HCR 78: PROCLAIMING THE WEEK OF MAY 15 THROUGH MAY 21, 2022 AS DELAWARE GROWN WEEK.

This concurrent resolution proclaims the week of May 15-21, 2022 as Delaware Grown Week. It has been eight years since the General Assembly first partnered with the Delaware Department of Agriculture to establish this annual observation to facilitate better, healthier relationships between Delaware farmers and local consumers. Successful passage of this resolution will continue this worthy collaboration.
Lyndon Yearick (R) Bruce C. Ennis (D)
in committee · Delaware · House May 10, 2022

HB 414: AN ACT TO AMEND TITLE 10 OF THE DELAWAE CODE RELATING TO PROTECTION FROM ABUSE.

This Act adds coercive conduct which restricts, controls, or interferes with an individual’s finances or financial resources including their bank accounts, credit cards, employment, education, and personal identity to the definition of “abuse” under Protection from Abuse Proceedings section in Title 10. The Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Krista Griffith (D) Eric Morrison (D) Laura Sturgeon (D) · 9 co-sponsors
in committee · Delaware · House May 10, 2022

HB 288: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYER PAID TIME OFF TO VOTE.

This Act requires private and public employers in the State to give any employee who is a resident of Delaware and scheduled to work at least 7.5 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote in person. The Act excludes federal employees, individuals engaged in activities for education, charitable, religious, or nonprofit organizations when the employment relationship does not exist or where services are rendered to such organizations gratuitously, and employees who are party to a collective bargaining agreement in which paid time off to vote has been waived. Employees must give employers 2 working days’ notice in advance of an election that the employee intends to use paid time off to vote. Employers must post notice of the rights created in the Act. Enforcement of the Act is through the Department of Labor. Employers who violate the Act are subject to civil penalties ranging from $500-$1,000 and from $1,000-$5,000 if found to have retaliated against an employee for exercising the rights created by this Act. Employees may bring a civil lawsuit for equitable relief and monetary damages. A prevailing employee may also recover costs and attorney’s fees.
Sherry Dorsey Walker (D) Melissa Minor-Brown (D) Rae Moore (D) Kyle Gay (D) Eric Morrison (D) · 9 co-sponsors
in committee · Delaware · House May 10, 2022

HB 409: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EARNED SICK TIME AND SAFETY LEAVE.

This Act requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. For employers with fewer than 10 employees, the time may be unpaid, job-protected time instead of paid time. Accrued earned sick time and safety leave may be used by the employee for time off with pay at the employee’s regular wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee’s family member and other specified purposes. Earned sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. Employers may cap the number of hours earned per year at 40, the carryover from one year to the next at 40 hours, and the maximum earned sick and safety leave at 80 hours. Employers may require employees to have been employed at least 90 days before they may take earned sick leave and safety time. Employers whose benefits packages already meet the minimum requirements of this Act are not required to offer anything additional. The Department of Labor will promulgate regulations governing operation of the Act and will enforce the provisions of the Act. Employers who violate the Act are subject to civil penalty of no less than $1,000 nor more than $5,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act.
Sherry Dorsey Walker (D) Sarah McBride (D) Eric Morrison (D) Marie Pinkney (D) · 16 co-sponsors
in committee · Delaware · House May 10, 2022

HB 410: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO A CHILD CARE EMPLOYEE TAX CREDIT.

This Act does all of the following: (1) Creates a refundable tax credit for certain individuals who are self-employed in the operation of or employed by a child care or family care center to provide care or education to children. The amount of the refundable tax credit varies based on the educational attainment of the child care employee. (2) Indexes the increases in the amount of the refundable tax credit to the Consumer Price Index. (3) Requires the Department of Education to report annually to the General Assembly, Governor, and Delaware Early Childhood Council on the usage of this tax credit. (4) Requires the Joint Legislative Oversight and Sunset Committee to review this Act in fiscal year 2029 to determine if there is a genuine need for the continuation of this Act and if this Act is satisfactorily and effectively meeting the need.
Kim Williams (D) Kyle Gay (D) Mike Smith (R) Laura Sturgeon (D) · 8 co-sponsors
signed · Delaware · Senate May 10, 2022

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 and care for a new child. (4) To address the impact of a family member's military deployment. This Substitute to Senate Bill No. 1 differs from Senate Bill No. 1 with regard to the eligibility determination process, covered relationships, length of leave, forms of leave covered, cumulative leave, eligibility criteria, implementation timeline, appeal process, departmental powers, and not requiring participation from certain smaller businesses. This Substitute differs from Senate Substitute No. 1 to Senate Bill No. 1 by making technical corrections, clarifying intent and providing greater statutory detail with regard to appeals, coordination of benefits, definitions, private plans, and departmental powers, and providing temporary flexibility regarding implementation.
Ed Osienski (D) Sherry Dorsey Walker (D) Sarah McBride (D) Debra Heffernan (D) Val Longhurst (D) · 24 co-sponsors
in committee · Delaware · House May 5, 2022

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.
Jack Walsh (D) Gerald L. Brady (D) · 13 co-sponsors
passed · Delaware · House May 5, 2022

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.
John A. Kowalko (D) Marie Pinkney (D) · 4 co-sponsors
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