| HB 78 w/ HA 1, HA 2 + SA 1, SA 2 | Signed | Morrison | This Act updates the definition of a catalytic converter and limits the purchase or sale of a catalytic converter to a licensed automotive recycler or licensed scrap metal processor, and their respective employees and agents. The Act prohibits minors from selling catalytic converters. The Act specifies the amount of time the catalytic converter must be held before sale as well as what contact information must be obtained from the purchaser and seller as well as identification information on the catalytic converter and requires the information be maintained for 1 year. The Act places a 48 hour hold on payments and limits payment form to checks and limits the time of day and location for the sale of a catalytic converter. The Act requires the licensed sellers to make the purchasers’ and sellers’ contact information available to the police. This Act makes a catalytic converter, in violation of this chapter, considered contraband and, possession thereof, subject to seizure and forfeiture. This Act is for the purpose of regulating the purchase and sale of catalytic converters and for the purpose of assisting law enforcement in response to the high level of catalytic converter theft that has occurred in Delaware. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 21 AND TITLE 24 OF THE DELAWARE CODE RELATING TO CATALYTIC CONVERTERS. |
| HB 82 | Signed | Griffith | This Act requires the Department of Elections to biennially mail a notice to all registered voters informing the registrant of their polling place and containing the following additional information: a brief description of all available methods of voting; the dates and times on which the general and any primary election will be held; deadlines for voter registration for each election and for party changes before a primary; and a brief outline of procedures and requirements and polling places and early voting sites. If the notice is returned as undeliverable the Department is directed to follow a procedure already set forth in Code for attempting to update and verify voting registration records. The notice is to be mailed not later than 30 days before the state primary election. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO COMMUNICATION OF ELECTION INFORMATION. |
| 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. |
| SB 91 | Signed | Gay | Delaware law on the application to an authorized judge for the intercept of wire communications was written prior to the creation of the statutory divisions of Family, Fraud and Consumer Protection, and Civil Rights and Public Trust, within the Delaware Department of Justice. This would allow for the divisions leading, for example, sensitive fraud, public corruption, white collar, civil rights and hate crimes investigations to apply to the Superior Court for wire intercepts, and further makes clear that such investigations fall within the purview of the electronic surveillance chapter. Human trafficking is already included in the statute, but its investigations and prosecutions now fall under the jurisdiction of the Family Division.
| AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE. |
| HB 154 w/ HA 1, HA 4 + SA 1 | Signed | Griffith | This bill creates the Delaware Personal Data Privacy Act. The Act delineates a consumer’s personal data rights and provides that residents of this State will have the right to know what information is being collected about them, see the information, correct any inaccuracies, or request deletion of their personal data that is being maintained by entities or people.
This Act is modeled after existing frameworks for data privacy in other jurisdictions. This Act will apply to entities that conduct business in the State of Delaware who controlled or processed the personal data of not less than 35,000 consumers or controlled or processed the personal data of not less than 10,000 consumers and derived more than 20 percent of their gross revenue from the sale of personal data.
This Act requires Delaware Department of Justice to engage in public outreach to educate consumers and the business community about the Act beginning at least 6 months prior to the effective date of the Act. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY AND CONSUMER PROTECTION. |
| 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 146 | Signed | Sturgeon | Under current law, an individual can file a charge of employment discrimination by sending the verified charge to the Delaware Department of Labor (Department). This Act clarifies that a verified charge of discrimination is deemed to be filed on the date it is sent to the Department.
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 DISCRIMINATION IN EMPLOYMENT. |
| SB 152 | Signed | Mantzavinos | This Act expands the rights of long-term care facility residents by ensuring that long-term care facility residents are entitled to care that recognizes cultural differences and preferences and that long-term care facility residents are made aware of their rights in a language and format that is accessible to the resident. This Act also requires the Department of Health and Social Services to prepare a standardized notice listing all rights detailed in § 1121 of Title 16 in a language and format that is accessible to each resident or their authorized representative.
This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE RIGHTS OF LONG-TERM CARE FACILITY RESIDENTS. |
| SB 153 | Signed | S. McBride | This Act makes changes to provisions related to behavioral health and the Division of Substance Abuse and Mental Health to reflect current practices. | AN ACT TO AMEND TITLES 12, 14, 16, AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH. |
| HB 181 | Signed | K. Williams | This Act allows the State Bureau of Identification to release subsequent arrest notifications to the Department of Education for its employees and contractors. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS FOR CHILD-SERVING ENTITIES AND OTHER ORGANIZATIONS. |
| SS 1 for SB 43 | Signed | Richardson | This Act is a substitute for Senate Bill No. 43. Both this Act and SB 43 add additional State facilities and categories of establishments to § 787 of Title 11 which would be required to display public awareness signs about human trafficking. The additional State facilities and categories are as follows:
(1) State service centers.
(2) Wellness centers.
(3) Residential child care facilities.
(4) Transitional and independent living service providers for youth aging out of foster care.
(5) Shelters for victims of domestic violence or sexual assault or individuals experiencing homelessness or food insecurity.
(6) Hotels.
(7) Convenience stores along a major highway.
(8) Gas stations along a major highway.
(9) Casinos.
(10) Restaurants with liquor licenses.
(11) Poultry processing plants.
(12) Bus or train stations.
(13) Bars.
(14) Massage establishments.
(15) Shopping malls.
This Act is also the same as SB 43 in that it:
(1) Provides definitions of some of the existing State facilities and categories of establishments where public awareness signs are required to be displayed, as well as some of the new State facilities and categories added by SB 43 (and retained by this Act).
(2) Includes specific locations on the premises where establishments that are hotels, casinos, restaurants with liquor licenses, poultry processing plants, massage establishments, and shopping malls must display a public awareness sign.
(3) Adjusts the process by which the Delaware Anti-Trafficking Action Council (Council) may designate establishments required to display public awareness signs. SB 43 and this Act allow the Council to promulgate regulations to designate other categories of establishments that must display public awareness signs in addition to the categories required under § 787 and this Act; designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed; and change requirements for what must be included in a "public awareness sign", as defined in this Act.
(4) Requires the Council to annually publish a list of categories of establishments that must display a public awareness sign and any specific location requirements for the purposes of providing notice.
(5) Clarifies that enforcement fines are civil penalties.
(6) Distinguishes between the responsibilities of the Council and establishments, as well as rewrites the responsibilities to clarify the current law regarding the display of public awareness signs.
(7) Establishes an enforcement process, including the requirement that establishments will receive a warning before any civil penalties are assessed. The Department of Labor may promulgate regulations.
(8) Requires the Department of Labor to submit an annual report about enforcement to the Council and the General Assembly.
(9) This Act takes effect immediately and is to be implemented 1 year from the date of this Act’s enactment to allow for the promulgation of regulations by the Department of Labor and the Council, as well as to ensure public awareness signs will be ready for distribution before implementation.
(10) This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act differs from Senate Bill No. 43 by:
(1) Removing the mandate that the Department of Labor (Department) conduct enforcement. The Department still has enforcement authority but may exercise its discretion in whether to pursue enforcement.
(2) Changing enforcement to a complaint-based system whereby the Department may inspect an establishment about which it receives a compliant. While the complaint-based system may be the main way that the Department will receive notice of possible noncompliance with public awareness sign requirements, the Department may still initiate inspections independent of a report from the Delaware Anti-Trafficking Action Council or a complaint.
(3) Changing the enforcement process and timeframes as follows:
When the Department conducts enforcement, it shall provide public awareness signs, if needed, to an establishment to immediately enable compliance with the public awareness sign display requirements. If, within 3 years, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance identified in the warning notice, then the Department shall assess a civil penalty against the noncompliant establishment.
(4) Removing the safe harbor provision since all establishments will now receive copies of the proper signage during inspection, if new signs are needed.
(5) Updating the civil penalty to conform to the changes made in the enforcement process and timeframes. The civil penalty is as follows: if an establishment does not correct the same, or a substantially similar, noncompliance identified in the warning notice, the establishment owner is subject to a civil penalty of not more than $500. On a second or subsequent failure by an establishment to correct the same, or a substantially similar, noncompliance identified in the warning notice, the establishment owner is subject to a civil penalty of not more than $2,500. The current fine under § 787 is $300 per violation.
(6) Naming this Act the "Signs of Hope Act". This name reflects the purpose that the human trafficking public awareness signs serve: a way to reach, give hope, and save victims of human trafficking.
(7) Removing repetitive language and correcting a grammatical error.
To make compliance with and enforcement of this Act feasible, a fiscal note is attached to this bill to finance the creation of the public awareness signs, which will be provided free to State of Delaware facilities and establishments and to fund a Department of Labor enforcement position. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DISPLAY OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS. |
| HB 188 w/ HA 1 | Signed | S. Moore | This Act codifies the Equity Ombudsman program, the purpose of which is to provide students and families encountering inequity in the school system with non-lawyer advocates to assist them. The Educational Equity Council, as a stakeholder council, provides oversight to the Equity Ombudsman program, to provide broad review, analysis and recommendations, for the improvement of student equity and outcomes in Delaware’s public education system. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC EDUCATION EQUITY OMBUDSPERSON PROGRAM AND THE EDUCATION EQUITY COUNCIL. |
| SS 2 for SB 8 w/ SA 1 + HA 1 | Signed | Mantzavinos | This Act is the second substitute for Senate Bill No. 8. Like Senate Bill No. 8 and its first substitute, this Act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations. Senate Substitute 1 for Senate Bill No. 8 differed from Senate Bill No. 8 as it required large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. This information must be provided at the time of service or prior to discharge and again with each billing statement. It also created a minimum threshold for eligibility for payment plans, and it reduced the timeframe in which a bill under a payment plan may be first due. The first substitute also defined “medical assistance” and “time of service,” which were not defined in Senate Bill No. 8.
This Substitute differs from Senate Substitute 1 in that it changes which medical providers are subject to this Act; it increases the threshold of outstanding debt that requires a payment plan to be offered to patients; it extends the amount of time allowed to provide the medical assistance notice; it refines the definition of medical assistance; it removes examples of companies that are currently credit reporting agencies; it removes a requirement that medical assistance information be printed in any patient’s primary language; it adds a requirement that providers make oral interpretation services available to patients for anything provided under this chapter; it clarifies that the Division of Child Support Services nor anyone filing a child support action is a medical debt collector; it clarifies that anything charged to a credit card is not medical debt; it removes the minimum time before the first payment under a payment plan is due. It also adds Section 2 making this Act effective 6 months after enactment. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT. |
| HS 1 for HB 73 | Signed | Osienski | This House Substitute No. 1 for House Bill 73 provides a 5-year statute of limitations for the Department of Labor to bring civil actions to recover nonfraud overpayment debts and no period of limitations to recover fraud overpayment debts. This portion of the Substitute will apply to overpayment debts for which the statute of limitations has not yet run, which includes those that accrued less than 3 years prior to the enactment of this Act. This Substitute expressly codifies the current law that there is no deadline for the Department to collect overpayment debts by offset of future benefits, by state Department of Revenue offset or by federal Treasury offset of tax refunds, the last of which is mandated by federal law. Finally, this Substitute creates an overpayment waiver program, effective retroactively to the start of the COVID-19 pandemic, to give the Department authority to waive non-fraud overpayments of traditional unemployment benefits resulting from either Department error or claimants receiving certain low-income public assistance.
| AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS TO RECOVER OVERPAID UNEMPLOYMENT BENEFITS. |
| SB 184 | Signed | Gay | Research has shown that certain underwriting factors used by insurers, while facially neutral, may have a disparate impact on protected classes. This bill seeks to address this disparate impact by prohibiting certain underwriting and rating factors, despite being correlative with loss, in homeowner’s and private passenger motor vehicle insurance policies. This bill would specifically prohibit an insurer’s consideration of an insured’s or proposed insured’s (i) non-pending arrests, charges and indictments that do not result in conviction, (ii) convictions unrelated to fraud or the risk being insured, or (iii) driver’s license suspensions or revocations for non-driving related reasons. This bill also corrects an incorrect statutory reference in current law. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO USE OF CERTAIN FACTORS IN UNDERWRITING PRIVATE INSURANCE. |
| SB 186 | Signed | Huxtable | This Act enables Sussex County to use the Voluntary School Assessment (VSA) to address the impact of residential development on school capacity. The following is a summary of the Act’s 3 sections:
Section 1 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. It amends § 6961 of Title 9 to add a new subsection (d) that enables Sussex County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA.
Section 1 also amends § 6961 to provide that to the extent Sussex County has adopted or adopts any regulations linking or restricting residential developments to school capacity, such regulations are preempted.
Section 2 of the Act amends § 842 of Title 22 of the Delaware code, pertaining to school capacity for municipal corporations, to remove specific references to New Castle County. It also revises § 842 to provide that subsection (b) applies to all new residential subdivision plans over 5 units in size for lands located within or annexed into a municipality on or after July 1, 1992; previously, subsection (b) only applied to such lands annexed into a municipality after July 1, 1992.
Section 3 of the Act amends § 103 of Title 14 of the Delaware code to conform with the changes to the code contained in Section 1 of this Act, to provide that in calculating the VSA, the average cost per child shall take into account offsite roadway improvements required by the state transportation department, and to remove a specific reference to New Castle County. | AN ACT TO AMEND TITLES 9, 14, AND 22 OF THE DELAWARE CODE RELATING TO SCHOOLS. |
| SB 190 | Signed | Hoffner | Since its creation the Water Supply Coordinating Council (the Council) has provided critical guidance to proactively address identified water supply issues. However, the actions of the Council have largely focused on recommendations and implementation associated with water supplies in the drought-prone portions of Northern New Castle County. While the water supplies in that area remain critical to the State, additional focus is needed on similar water supply coordination in other portions of the State as well. Many of the Council’s reports have made recommendations for other actions in these areas, however, it is critical that appropriate local/regional representation be included to receive the necessary input and feedback that made the New Castle County implementation successful. Therefore, this Act is intended to reconstitute the Council to provide for a smaller more consistent quorum for state-wide coordination while establishing the structure for direct regional (County-level) contributions and implementation. It is intended that the preliminary charge of each County-level subcommittee will be to establish the appropriate memberships to best address their prioritized concerns. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WATER SUPPLY COORDINATING COUNCIL. |
