| HB 97 w/ HA 1 | Signed | J. Johnson | This Bill modifies the impact of criminal history on an applicant's eligibility for licensure. It gives the Board discretion to grant waivers for a felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The Board is precluded from considering a conviction where more than 10 years have elapsed since date of conviction.
The Bill authorizes the Delaware Department of Correction to establish prison barbering training programs. These programs will provide a means for inmates to satisfy licensure requirements while incarcerated and help with employment opportunities upon release. | AN ACT TO AMEND CHAPTER 51 OF TITLE 24 OF THE DELAWARE CODE RELATING TO COSMETOLOGY AND BARBERING |
| HB 132 | Signed | Keeley | This bill corrects the duration of revocation to match § 4177C(d)(2) and will make it possible for all applicants who are required to participate in the Ignition Interlock Device program to be eligible to submit an application for an indigent plan. This bill also changes the required offender reporting to IID service providers to a monthly basis allowing for early intervention of repeat violators. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE IGNITION INTERLOCK DEVICE. |
| HB 133 | Signed | Jaques | This bill would create an end date for the special filing deadline created by school board vacancies that arise after the second Friday in February. The new end date for these vacancies would be the first Friday in March. Any vacancies that arise after the first Friday in March would be filled by the remaining members on the School Board for the remainder of the fiscal year. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD ELECTIONS. |
| HB 139 | Signed | Jaques | This bill allows the election cycle regarding contributions from political parties and political action committees to reset after the Primary Election as it does for other contributors. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| HB 145 | Signed | Paradee | ABLE accounts are special savings accounts established for certain persons with disabilities. This bill clarifies the treatment of funds in an ABLE account upon the death of a designated beneficiary. Specifically it prohibits State agencies or instrumentalities from clawing back from the ABLE account any funds it has expended on behalf of a designated beneficiary. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS. |
| HB 144 w/ HA 2 | Signed | Osienski | This bill serves to better define and limit what real property rights the Department of Transportation may acquire. It also corrects a technical error that if left unchanged, will jeopardize the use of federal funds on transportation projects due to non-conformance with the National Environmental Policy Act and federal highway regulations. | AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE ACQUISITION OF REAL PROPERTY. |
| HB 163 w/ HA 1, HA 2 | Signed | Baumbach | Currently there are 17 "check-boxes" on the Delaware personal income tax return where taxpayers may designate a portion of their refund or send additional money with their payment due to be credited as a charitable donation to various organizations. The number of organizations has continued to grow over the years without any charities being removed. As a result, a relatively stable total amount of donations is being spread across a larger number of causes, reducing the utility for any single charity and increasing the administrative burden on the Division of Revenue. This bill eliminates the two lowest grossing charitable funds - for the US Olympic Committee and for the Organ and Tissue Donation Awareness Trust Fund, and replaces them with Funds for the Beau Biden Foundation for the Protection of Children and the United Way of Delaware. It also adds a provision to the code capping the number of permissible charity check-offs on the return at 21. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE INCOME TAX RETURN. |
| HB 178 w/ HA 1 | Signed | Lynn | The children of parents who divorce or were never married often share a surname with only one parent, which may lead to confusion or hardship when schools, doctors, or others fail to recognize the child’s connection with the parent with whom the child does not share a similar surname. Parents and children in such circumstances have compelling reason to seek to add a second surname to the child’s name.
Delaware law currently provides that a petition to change a minor’s surname should be granted if there are no reasons for not granting the petition. This standard applies to changing a minor’s name, regardless of whether the change is to eliminate and replace an existing surname or simply add a second surname, and also puts the burden on the petitioning parent to demonstrate that the petition should be granted.
This Act separates circumstance in which a parent seeks to replace a minor’s surname from those in which a parent seeks to add to the minor’s surname, by establishing a presumption in favor of granting a petition to add a parent’s surname to a minor’s surname either as an additional name or hyphenated with the minor’s previously existing surname. The presumption in favor of granting the petition may be overcome by the opposing parent establishing by clear and convincing evidence that the consideration of several, specific factors demonstrate that granting the petition would cause the minor more harm than benefit.
The factors specified in this Act are taken from the larger list of factors which Delaware Courts have developed through case law to consider when determining whether to grant a petition to change a minor’s surname and do not include the factors which are relevant only when a parent seeks to replace, rather than add to, the minor’s surname. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MINORS' PETITIONS FOR NAME CHANGE. |
| HA 1 to HB 178 | Passed | Lynn | This Amendment changes and clarifies the factors included in the consideration of a petition to add a parent's surname to a minor's surname. This Amendment also adds an effective date and corrects a technical error. | |
| HA 2 to HB 144 | Passed | Osienski | This amendment establishes the process the Department must follow in order to use its eminent domain power to construct a pathway that is not adjacent to the existing right of way through dedicated open space in a recorded residential subdivision. | |
| HA 1 to HB 163 | Passed | Baumbach | This amendment makes a technical correction to House Bill 163. | |
| HB 246 | Signed | Osienski | This bill would increase the exemption from inspection from 5 years to 7 years. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION, TITLE, AND LICENSES OF MOTOR VEHICLES. |
| HB 247 w/ SA 2 | Signed | Bentz | This bill sets forth revisions to the composition of the Council on Services for Aging and Adults with Physical Disabilities. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON SERVICES FOR AGING AND ADULTS WITH PHYSICAL DISABILITIES |
| HCR 39 w/ HA 2, HA 4 + SA 1 + HA 5 | Passed | Jaques | This concurrent resolution establishes a Task Force to study and make recommendations regarding the impact of consolidating school districts in the state of Delaware. | ESTABLISHING A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS RELATED TO SCHOOL DISTRICT CONSOLIDATION. |
| HB 195 w/ HA 1, HA 2 | Signed | Bentz | Chapter 11 of Title 16 was enacted in 1998. Since that time, there have been many changes to the health care delivery system, including a larger percentage of individuals receiving long term health care services in their homes and settings other than in traditional nursing facilities. This Act updates Chapter 11 of Title 16 to better protect residents of long term care facilities by using consistent terminology, consistent practices, and updating the Code to reflect changes in related areas of the law and in how long term care is provided to ensure that all Delawareans receiving long term care are protected from abuse, neglect, and financial exploitation.
This Act replaces the phrase "nursing facility and similar facility" with "long term care facility" and provides detailed definitions of different types of long term care settings and services, including traditional nursing homes. It also changes the term "patients" to "residents," reflecting that people are receiving long term care services where they live, regardless of whether home is a traditional nursing facility, a private residence, or a setting between those levels. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
More specifically, the Act does the following:
Sections 2 through 22 amend Subchapter I. These sections specifically list and define the long term care facilities monitored by the Department.
Sections 23 through 30 amend Subchapter II. These sections update the Resident's Bill of Rights. Due process protections, including upon discharge, are fully explained and who is the authorized representative for a person who is incompetent is clearly set forth.
Sections 31 through 39 amend Subchapter III. These sections update and expand the definitions of abuse and the steps to be taken by the Department and the Department of Justice upon receipt of complaint. It strengthens penalties against individuals and entities that commit or permit abuse of residents.
Sections 40 through 43 amend Subchapter IV. These sections update the criminal background check and drug screening requirements for employees of long term care facilities.
Sections 44 through 46 amend Subchapter V. These sections update the criminal background check and drug screening requirements for employees of home care agencies.
Sections 47 through 48 amend Subchapter VI. These sections update the terms and definitions for the office of the Long-Term Care Ombudsperson.
Sections 49 through 51 amend Subchapter VIII. These sections update the terms and definitions for the Nursing Facility Quality Assessment Fund.
Section 52 creates a new Subchapter IX to require criminal background checks and drug testing of employees of pediatric extended care centers.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING NURSING FACILITIES, LONG TERM CARE FACILITIES, AND SERVICES. |
| HB 196 | Signed | Bentz | House Bill No. 195 updates the terms and definitions used in Chapter 11 of Title 16 regarding long term care. This Act updates the terminology used to identify long term care facilities so that it is consistent throughout the Code. Specific updates are as follows:
Section 1: Amends § 1822 of Title 2 of the Delaware Code regarding medical transportation by health-care facilities by replacing the words "nursing facilities or similar facilities" with "long term care facilities."
Section 2: Amends § 8564 of Title 11 of the Delaware Code by removing the definition of “nursing facility” and “similar facility” and adding a definition of “long term care facility.”
Section 3: Amends § 2511 of Title 16 of the Delaware Code by replacing a “sanatorium, rest home, nursing home, boarding home or related institution” with “long term care facility.”
Section 4: Amends § 5138 of Title 16 of the Delaware Code by replacing “nursing facility or similar facility” with “long term care facility.”
Section 5: Amends § 333 of Title 18 of the Delaware Code by replacing the term “nursing facility” with the term “long term care facility”.
Section 6: Amends § 708 of Title 19 of the Delaware Code by replacing the term “nursing homes” with the term “long term care facilities” in the definition of health care facility.
Section 7: Amends § 1769B of Title 24 of the Delaware Code by replacing the term “nursing facility” with the term “long term care facility.”
Section 8: Amends § 6502 of Title 30 of the Delaware Code by replacing the reference to § 1180 of Title 16 to § 1181 of Title 16 so that the correct statute is referenced.
Section 9: Provides that this Act is effective upon the enactment of House Bill No. 195 to ensure that the terms are not changed until the underlying changes have been made to Chapter 11 of Title 16.
| AN ACT TO AMEND TITLE 2, TITLE 11, TITLE 16, TITLE 18, TITLE 19, TITLE 24, AND TITLE 30 OF THE DELAWARE CODE RELATING TO LONG TERM CARE FACILITIES. |
| HB 258 w/ HA 1 | Signed | Mitchell | This bill allows for the donation of either sick leave or annual leave without having to do so in equal amounts. Additionally, a person can donate sick leave or annual leave but does not have to donate both. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DONATED LEAVE. |
| HA 2 to HCR 39 | Passed | Jaques | This amendment provides that the Task Force should study and make findings relating to the inclusion of charter schools in school districts and as part of school district consolidation. Additionally, the amendment provides that the Task Force may select other members to serve on the Task Force upon the approval of a majority of the members on the Task Force. | |
| HA 1 to HB 195 | Passed | Bentz | This Amendment corrects a technical drafting error. | |
| HA 1 to HB 258 | Passed | Mitchell | This amendment revises the calculation of the amounts of sick leave and annual leave an employee or officer of the State can donate. This amendment also provides that the provisions of the Act shall become effective ninety days subsequent to its enactment. | |
| HA 2 to HB 195 | Passed | Bentz | This Amendment adds a 3/5 vote requirement because one of the $50 fees in the Act is new. | |
| HA 2 to HB 163 | Passed | Baumbach | This amendment removes the new donation check-box for the United Way of Delaware and restores the Organ and Tissue Donor Awareness Trust Fund donation check-box. | |
| HA 1 to HB 97 | Passed | J. Johnson | This Amendment removes the authorization for the Delaware Department of Correction to establish prison barbering training programs. | |
| HA 4 to HCR 39 | Passed | Bolden | This amendment additional representation from all three counties and the City of Wilmington by including additional parents or guardians, as well as representation from each of the political bodies. | |
