| SB 66 w/ SA 1 + HA 1 | Signed | Buckson | This Act adds the Senate Minority Leader and the House Minority Leader as members of the Public Health Emergency Planning Commission (Commission).
This Act also requires the Commission to meet within 30 days of the initiation a state of emergency due to a public health emergency for the purposes of discussing and evaluating, in an advisory capacity to the Governor, the response to the public health emergency. The Commission would be required to continue meeting at least every 30 days until the termination of the state of emergency due to a public health emergency.
This Act also defines the term “Commission” in the subchapter-level definition section since the term “Commission” is used in multiple places within Subchapter V of Chapter 31 of Title 20.
This Act also adds Commission governance procedures, including length of terms, filling vacancies, and defining quorum.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including updating agency names. | AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION. |
| SA 1 to SB 66 | Passed | Buckson | This Amendment does the following:
(1) Changes the term length from 4 years to 2 years for the Delaware medical community representative and the physician members of the Public Health Emergency Planning Commission (Commission). This change was made to have the term length coincide with the biennial review of the public health emergency plan.
(2) Adds a physician who is board certified in infectious disease as a member of the Commission in place of an emergency medicine physician. | |
| SB 131 | Signed | Gay | This bill updates and clarifies certain provisions that have been confusing or otherwise problematic in the Investor Protection Unit’s enforcement efforts, or have otherwise become out-of-synch with federal securities law.
The term “Commissioner” is a holdover from when the Investor Protection Unit was called the Securities Unit, and is no longer the correct term. It is replaced with “Director” to be consistent throughout the Act.
In order to ensure consistency throughout the Act and create certainty as the applicability of rules issued pursuant to the Act, the phrase “or any rule or order hereunder” has been added after “this chapter” where it was missing. This clarifies that the Rules and orders are enforceable regardless of which statutory provision is implicated by an administrative action.
This bill provides a definition of “willful” that tracks the federal definition as used in federal law and in the 1956 Uniform Securities Act, on which the Delaware Securities Act was originally patterned. The Uniform Securities Act of 1956, as amended, explains in the official code comment that “As the federal courts and the SEC have construed the term “willfully” in § 15(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78o(b): all that is required is proof that the person acted intentionally in the sense that he was aware of what he was doing. Proof of evil motive or intent to violate the law, or knowledge that the law was being violated, is not required. The principal function of the word “willfully” is thus to serve as a legislative hint of self-restraint to the Administrator.”
Similarly, the definition of “security” is revised to clarify that an analysis of whether an instrument is a security should be a substance over form analysis, following the approach under federal law.
Section 73-209, concerning false filings, was moved to new section 73-104 to clarify its applicability to the entire Delaware Securities Act.
The heading of Section 73-201 was changed from “Fraud” to “Employment of manipulative and deceptive devices” to harmonize with that of a similar provision from the Securities Act of 1934.
Section 73-207(d) was amended to clarify its applicability to securities exemptions.
Section 73- 208(g) was removed as it is no longer effective.
Various subsections of Section 73-302 were amended to establish clarity as to the timeline for registrations and to prevent the inadvertent approval of a registration under review by the Investor Protection Unit.
Section 73-304(a)(6) is being revised to add additional securities regulators to the list of entities whose orders can be considered when determining whether to take action concerning a registrant or applicant’s registration status.
Section 73-305(c)(1), which prohibits investment adviser fees based on a percentage of capital gains, is amended to allow for such fees if approved by a rule or order of the Director. This brings Delaware into harmony with federal practice, since the SEC has started allowing such a fee structure under certain circumstances, subject to periodic review of the policy.
Section 73-601 is amended to clarify that there is no aggregation of violations when determining the imposition of fines; that a party seeking a hearing on a summary order must provide an answer in writing; and adds freezing accounts to the list of actions the Unit may take, which may be helpful in dealing with the increase in cryptocurrency fraud.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 6, CHAPTER 73 OF THE DELAWARE CODE TO HARMONIZE WITH FEDERAL LAW, MODERNIZE, AND CLARIFY CERTAIN PROVISIONS. |
| SB 138 | Signed | Hoffner | This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware Byway Advisory Board ("Board"). First formed in 2000, the Board has served in an advisory role relating to the Delaware Byways Program. The Board's primary purpose is to assist in and make recommendations regarding in the designation, development, operation, management, and promotion of Delaware byways.
During the initial development of the Delaware Byways Program, the Board consulted with the Department of Transportation’s planning division to create the Delaware Scenic and Historic Highways Program Guide in 2001. The Guide defined the creation, organization, and ongoing management of designated byways in Delaware. Six byways were designated in Delaware between 2002 and 2010.
The Board met regularly from 2000 through 2005, with its last known meeting in 2005. The Delaware Byways Program no longer accepts applications for new byways, and the existing 6 byways are self-governed by byway management organizations and individual corridor management plans.
For these reasons, and with the support of the Department of Transportation, the Joint Legislative Oversight and Sunset Committee concluded that, although the Board once served an important role relating to byways in Delaware, the Board is no longer meeting its statutory duties or fulfilling a state need, and that the Board should be terminated. This Act therefore terminates the Delaware Byway Advisory Board. | AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE DELAWARE BYWAYS PROGRAM. |
| SB 137 | Signed | Hoffner | This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Tourism Advisory Board ("Board"). First formed in 1981, the Board has served in an advisory role to the Delaware Tourism Office, Division of Small Business, and the Department of State. The Board's primary purpose is advocating for and promoting tourism in Delaware. Its duties include researching and studying matters appropriate to best support the Delaware Tourism Office functions.
The Board was once heavily involved in providing the Tourism Office with advice and support. By 2013, however, the Tourism Office's need for the Board's advice and support decreased, as the Tourism Office's staffing and funding structure were improved under the Delaware Economic Development Office. Now under the Division of Small Business, the work of the Tourism Office is captured in the Division's annual report, which has not referenced the Board for at least the last 5 years. The Board's only official act since 2018 was a letter to the General Assembly to support the inclusion of short-term rentals under the State's Public Accommodations Tax.
Over the last 10 years, the Tourism Office has run a successful tourism program without the advice or support of the Board, including winning prestigious industry awards, launching marketing initiatives, holding workshops to support the tourism industry, and releasing the latest Value of Tourism publication in 2019.
For these reasons, and with the support of the Tourism Office, the Joint Legislative Oversight and Sunset Committee concluded that, although the Board once served an important role in tourism in Delaware, the Board is no longer meeting its statutory duties or fulfilling a state need, and that the Board should be terminated. This Act therefore terminates the Tourism Advisory Board. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TOURISM ADVISORY BOARD. |
| SB 136 | Signed | Hoffner | This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware State Arts Council, and does the following:
- Removes or updates outdated language.
- Clarifies Council members' terms.
- Updates the method for chair selection and provides that this update does not take effect until the current chair resigns or the chair position is otherwise vacant.
- Clarifies quorum.
- Clarifies that the Delaware Division for the Arts provides reasonable staff support to assist the Council.
- Clarifies the Council's authority to create subcommittees.
- Clarifies that Council members may participate in the grant review process as needed.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF THE ARTS. |
| SB 135 | Signed | Hoffner | This Act relates to the Joint Legislative Oversight and Sunset Committee's ("Committee") review of the Provider Advisory Board ("Board"). As part of that review, the Committee approved a recommendation to consolidate the functions of the Board into the functions of the Delaware Early Childhood Council ("DECC"). The Board's review is held over to 2024, and Committee staff will monitor and report back to the Committee in 2024 on the implementation of the recommendation to consolidate these functions.
To ensure that the functions consolidated into the DECC remain accurate, this Act reflects the changes to the Board's functions under § 3007A, Title 14 that do not take effect until July 1, 2024. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION. |
| SB 134 | Signed | Hoffner | This Act updates the Legislative Oversight and Sunset Act, the governing statute for the Joint Legislative Oversight and Sunset Committee (“JLOSC”), to reflect updated and modern review practices and standards. The more significant changes include:
- Establishing the term “entity” to denote the organization that is under review. “Agency” has been the term used, but when discussing JLOSC reviews, “agency” could mean either the organization under review or the more common usage of any State agency. Because JLOSC’s reviews routinely include references to or assistance from State agencies that are not under review, using the term “entity” to mean the organization that is under review creates a distinction intended to avoid confusion.
- Clarifying quorum, including the impact of participating virtually in a meeting.
- Creating a new type of review, a focused review, to replace the antiquated and rarely-used rules review and distinguish a focused review from a “full review.” A full review is the standard review that JLOSC has historically performed, in which the entire entity is assessed. A focused review, in contrast, looks at specific components within an entity. A focused review is a more efficient assessment when only certain areas of an entity need to be reviewed.
- Clarifying JLOSC’s powers and duties, including updating JLOSC members’ duties versus staff duties to reflect current, modern practices.
- Clearly establishing 3 types of reports produced in JLOSC’s work: self-reports from the entity under review, staff reports from JLOSC staff, and annual reports from JLOSC summarizing the work performed each year.
- Codifying the confidentiality with which JLOSC and its staff have treated records from an entity under review and exceptions or waivers of confidentiality.
- Establishing that a record protected against public disclosure under the Freedom of Information Act does not lose its protection by virtue of the entity submitting the record as part of its review.
- Clarifying the purpose and standard for conducting a performance evaluation.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Some of the types of technical corrections include changing the plural to the singular wherever appropriate and consistent with both the Drafting Manual and § 304 of Title 1; replacing passive voice with active voice; and, to increase readability, breaking down large, block paragraphs into lists where possible. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE LEGISLATIVE OVERSIGHT AND SUNSET ACT. |
| SB 145 w/ SA 1 | Signed | Sturgeon | This Act increases the limits on the dollar amount of awards of compensatory or punitive damages, or both, in cases of employment discrimination, establishing specific caps based on the number of the respondent's employees. This Act also clarifies that the Superior Court may order equitable relief available under Title VII of the Civil Rights Act of 1964, as well as back pay and front pay, which is an award made for the period between the date of judgment and the date of reinstatement.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DAMAGES FOR EMPLOYMENT DISCRIMINATION. |
| SB 158 | Signed | Gay | This Act permits an individual who is a reproductive health care services provider or employee to apply for participation in Delaware's Address Confidentiality Program, which allows participants to keep their actual address confidential by applying to the Department of Justice for a substitute address to which all mail will be delivered.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ADDRESS CONFIDENTIALITY. |
| SS 1 for SB 107 | Signed | Lawson | This Act clarifies that in calculating the document fee to be paid by the owner upon the sale, transfer, or registration of a park trailer, the owner shall be allowed to demonstrate the fair market value of the park trailer through an appraisal by a Delaware dealer authorized to provide an appraisal for park trailer models. This Act also excludes furnishings, site modifications, geographical location, and other items that are not related to the actual value of the park trailer from being included in the calculation. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE DOCUMENTATION FEE. |
| HCR 58 | Passed | Longhurst | This Concurrent Resolution commends the 2023 Delaware Behavioral Health Professional of the Year, Dana Carey, and all of the District/Charter Network Behavioral Health Professionals of the Year. | COMMENDING DANA CAREY REPRESENTING THE LAKE FOREST SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR FOR 2023 AND COMMENDING EACH SCHOOL DISTRICT AND CHARTER NETWORK'S BEHAVIORAL HEALTH PROFESSIONAL OF THE YEAR. |
| SA 1 to SB 145 | Passed | Sturgeon | This Amendment revises the limits on damage awards by doing all of the following:
1. Keeps the limit for respondents with 4 to 14 employees the same as current law.
2. Establishes a new category of respondents with 15 through 100 employees.
3. Lowers the amount the limits are increased by this Act for respondents with more than 15 employees. | |
