Daily Report for 5/23/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 28Passed HouseShupeThis resolution recognizes the last Monday of May as Memorial Day.RECOGNIZING THE LAST MONDAY OF MAY AS MEMORIAL DAY.
SA 1 to HB 352PassedPooreThis amendment adds municipal police to Section 4402(a) of Title 21 thereby granting them concurrent authority to enforce Sections 4402(d) and (e) related to abandoned vehicles. This amendment also adds county code enforcement constables and municipal police officers to Section 4402(d) related to the authority to ascertain the ownership of abandoned vehicles, and authorizes counties and municipalities to provide required notices to owners of abandoned vehicles.  
HA 3 to HB 319PassedMorrisonThis amendment does the following: (1) it clarifies that the prohibition applies to a “direct” supervisor; (2) it simplifies the provision relating to adoption of an anti-nepotism policy in parts of state government outside of the executive branch; (3) it incorporates a definition of relative from the State merit employee rules. 
SCR 172PassedPinkneyThis resolution recognizes May 23, 2024, as “Stop the Bleed Day” in Delaware.RECOGNIZING MAY 23, 2024, AS “STOP THE BLEED DAY” IN THE STATE OF DELAWARE.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HCR 144PassedShupeThis resolution recognizes June 6, 2024 as the 80th anniversary of D-Day, when the Allied Troops landed at Normandy during WWII.RECOGNIZING THE 80TH ANNIVERSARY OF THE ALLIED LANDING AT NORMANDY DURING WORLD WAR II.
SB 265 w/ SA 1, SA 2SignedHansenThe Delaware Energy Solutions Act of 2024 authorizes processes necessary to help meet the net zero goals of the Climate Change Solutions Act of 2023. The bill facilitates a transition to carbon-free energy sources by (i) preparing for offshore wind to be a significant element of Delaware’s energy future, if cost is competitive with other potential sources, and (ii) increasing options for interconnecting renewable energy resources to the transmission grid. The bill authorizes the State Energy Office (SEO), with the approval of the Public Service Commission (PSC), to issue solicitations to procure offshore wind. A solicitation can be for a project that serves only Delaware, or in coordination with other states, and authorizes procurement of at least 800 megawatts but not more than 1,200 megawatts of power to Delaware, in a single or multiple solicitations. Solicitations proceed through the following steps: The SEO drafts a solicitation for wind energy if it believes market conditions would result in a bid of no more than 110 percent of the “Delaware Benchmark Price,” defined as the average price that Delmarva Power has paid for power and renewable energy compliance over the prior three years. The Renewable Energy Task Force, an existing public body, must be consulted on the structure and factors of the proposed solicitation. The PSC evaluates the proposed solicitation and determines in a public process, with public comment, if issuing the solicitation would be in the public interest. If so, PSC issues a Preliminary Order allowing the solicitation to proceed. Municipal utilities and rural electric cooperatives are provided an option to participate in the potential project. Third-party “Qualified Purchasers,” such as those that currently purchase electricity for Delaware industries and utilities, could also participate. After preliminary PSC approval, SEO issues the solicitation. Pricing is the key factor, and the returned bids will also include information about avoided greenhouse gas emissions as well as environmental, economic, health and electric grid benefits to Delaware. The SEO cannot proceed to negotiate a contract unless a bid comes back with a price at or below 110 percent of the Delaware Benchmark Price. If contract negotiations occur, SEO confers with PSC staff in finalizing the terms of the contract. PSC reviews the proposed purchase contract to verify that the bid meets all statutory and solicitation requirements, including the examination of the bid price to ensure it is no more than 110 percent of the Delaware Benchmark Price, and is competitive with other new renewable or carbon-free energy projects in the region. If PSC approval is granted, Delmarva Power and any public utility that elected to participate would amend their rates to pass on the costs or savings of the project to their customers. In addition to allowing offshore wind procurement, the bill enhances the PSC’s current Certificate of Public Convenience and Necessity (CPCN) process by giving the Commission authority to issue a CPCN in connection with renewable energy interconnection facilities, such as the transmission lines from an offshore wind project to a nearby substation, or the lines connecting a utility scale solar project (over 30 MW) to a nearby substation. The bill outlines the factors PSC should consider when granting a CPCN for renewable energy interconnection facilities. Additionally, the bill provides separate authority to the Delaware Department of Transportation to permit such facilities in a State-owned Right of Way under Title 17, once a CPCN is issued by the PSC. AN ACT TO AMEND TITLES 17, 26, AND 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ENERGY SOLUTIONS ACT OF 2024.
SB 275 w/ SA 1SignedTownsendThe purpose of this Act is to combat aggressive driving and dangerous speed differentials on targeted roadways. This Act prohibits vehicles from traveling in the left lane on the portions of State Route 1 or Interstate 495 that are an express highway, as defined in § 101 of Title 17, or a controlled access facility, as defined in § 172 of Title 17, except in any of the following circumstances: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle. (2) When necessary to enter, leave, or continue on the roadway. (3) When necessary due to an obstruction. (4) When necessary in response to emergency conditions. (5) When necessary due to traffic conditions or congestion. (6) To comply with other law or regulation. In addition to being prohibited from traveling in the left lane, a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds is further restricted to traveling only in the right-hand lane except in the same circumstances as when a vehicle may travel in the left lane. An operator who refuses, fails, or neglects to comply with § 4114A is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty of not less than $25 nor more than $75. (2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING ON A ROADWAY.
SB 273SignedBucksonThis Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales. To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act. This Act goes into effect on enactment and is to be implemented the earlier of the following: (1) 1 year from the date of the Act’s enactment. (2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted. This Act may be cited as “The Consumer Choice Milk Act“. AN ACT TO AMEND TITLE 3 AND TITLE 16 OF THE DELAWARE CODE RELATING TO MILK AND MILK PRODUCTS.
SB 287SignedSturgeonThis Act clarifies the Auditor of Account’s duties and powers by amending § 2901 of Title 29 to define “audit” to include performance audits, and by amending §§ 2906 and 2909 of Title 29 to change "postaudit" to "audit." This Act also clarifies that audits must be conducted using standards issued by the U.S. Government Accountability Office. 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 AUDITOR OF ACCOUNTS.
SB 289 w/ SA 1SignedHansenThis Act amends Title 16, Chapter 76 of the Delaware Code relating to energy conservation identified in county and municipal building and plumbing codes. Consistent with codes in other States, including New York, Rhode Island, and Washington, among others, this Act requires as a threshold that counties and municipalities must, at minimum, meet the threshold adopted by the Delaware Energy Office (“DEO”). The Act authorizes counties and municipalities to go above the threshold adopted by the DEO. This Act also amends Title 29, Chapter 80 of the Delaware Code by charging the Energy Efficiency Advisory Council and the Sustainable Energy Utility to collaborate to design programs to promote and support the development and construction of energy efficient housing, including programs to alleviate the potential increased upfront costs caused by the adoption of local stretch codes. AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ENERGY CONSERVATION.
SB 292 w/ HA 2SignedSturgeonThis Act updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and improve information sharing between educational institutions and programs operating in this State, including local postsecondary institutions and programs and local education agencies, and the Department of Education (“Department”). Specifically, the Act does the following: (1) Provides that educational records of students, and personally identifiable information contained therein, may only be disclosed or redisclosed in accordance with FERPA and its implementing regulations. (2) Allows local education agencies and educational institutions and programs who outsource their data exchange and compliance with reporting requirements to the Department to consider the Department a school official as defined by FERPA regulations. This allows educational institutions and programs to disclose to the Department, without parental consent, information necessary for federal and state reporting when there is a legitimate educational interest. (3) Gives the Department authority to redisclose educational records for the purposes of ensuring the effectiveness of publicly funded programs and improving educational outcomes for students. Like initial disclosures, redisclosures must comply with FERPA and its implementing regulations. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF PUPILS' SCHOOL RECORDS.
SB 286SignedSturgeonThis Act codifies the Delaware Hispanic Commission (“Commission”). The Commission was created by former Governor Jack Markell in Executive Order Number 28 to combine and streamline the duties of the former Governor’s Council on Hispanic Affairs and the former Governor’s Consortium on Hispanic Affairs. Under the executive order, the Commission’s duty is to advise the Governor, the Governor’s Cabinet, and members of the General Assembly on matters that are important to people of Hispanic descent in Delaware. Under this Act, the Commission will perform the same duties it has since its creation by the Governor. Codifying the Commission will create equity with other heritage commissions created under Title 29. Codifying the Commission will also help the Commission to perform its duties by creating long-term stability, allowing the Commission’s members to be appointed by a variety of stakeholders, and giving the Commission guidance from the Delaware Department of State. Under this Act, the Commission keeps all current members through June 30, 2028, and the Commission membership consists of the Governor’s appointees who serve at the Governor’s pleasure. All Commission officers who are currently serving will remain in office through June 30, 2028. After June 30, 2028, 17 members will be appointed to the Commission according to § 4502 of Title 29, and a chair and vice chair will be elected according to § 4502 of Title 29.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE HISPANIC COMMISSION.
SS 1 for SB 228SignedLawsonThis Act is a substitute for Senate Bill No. 228. This Act achieves the intent of Senate Bill No. 228 by providing an exception to the general prohibition against semiautomatic pistols that have the ability to accept detachable ammunition magazines that attach at some location other than the pistol grip. This exception permits such a characteristic in the limited circumstance of using a rimfire pistol for competitive shooting or for practice shooting in preparation for competitive shooting. The characteristic is still prohibited outright for any centerfire pistols.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEMIAUTOMATIC PISTOLS.
SS 3 for SB 169 w/ HA 1SignedHoffnerThis Act creates the Delaware Wrongful Conviction Compensation and Service Act. The Act provides compensation and reintegration services to individuals who have served sentences of incarceration, wrongful incarceration in a psychiatric institution, parole, probation, and sex offender registration in the State for crimes that they did not commit. An individual claiming wrongful conviction or, if deceased, that individual's heirs, may bring a petition for compensation in Delaware Superior Court. A petitioner who makes the required showing is entitled to damages based on the type and period of wrongful incarceration, probation, parole, or registration, and other amounts, such as reasonable attorney fees in obtaining relief, subject to requirements of proof. However, a petitioner is not entitled to such compensation if the Department of Justice establishes that the petitioner was an accomplice in the commission of the crime or that the petitioner intentionally and voluntarily caused the conviction at issue by committing perjury or fabricating evidence at trial in order to prevent the conviction of the true perpetrator. In addition, an individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction is entitled to emergency assistance and services. Senate Substitute 3 for SB 169 differs from SS 2 for SB 169 in that it provides that a petitioner who served time in a psychiatric institution is eligible to apply for relief. Senate Substitute 3 for SB 169 also provides that in all cases, in order to be compensated, a petitioner must establish by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the conviction or that there was no crime committed. This provision differs from Senate Substitute 2, which required this showing only for a petitioner who entered a Robinson plea or entered a plea of no contest. In addition, Senate Substitute 3 for SB 169 provides that persons who were pardoned are not eligible for post-release services under the Act. Finally, Senate Substitute 3 for SB 169 provides that any award under the Act must be offset by any amounts the petitioner has recovered in a civil action or settlement of a civil action for wrongful conviction or imprisonment. If, after receiving an award under the Act, a petitioner subsequently recovers in such a civil action or settlement, the petitioner must reimburse the State to the extent of the amounts awarded in the civil action or settlement of the civil action.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL CONVICTION COMPENSATION AND SERVICES.
SA 1 to SB 275PassedTownsendSenate Bill No. 275, except in certain circumstances, restricts a vehicle from traveling in the left lane on the parts of State Route 1 and Interstate 495 that are defined as controlled access facilities or express highways. This amendment adds an additional exception; a vehicle may travel in the left lane so long as there is no other vehicle traveling in the same lane less than 100 feet behind the vehicle. Senate Bill No. 275 further requires a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds to only travel in the right-hand lane on the parts of State Route 1 and Interstate 495 that are defined as controlled access facilities or express highways, except in certain circumstances. This amendment updates the citation to account for the additional exception added, while indicating that this new exception does not apply to vehicles with a Gross Vehicle Weight Rating of more than 26,000 pounds.  
SS 1 for SB 307SignedTownsend This substitute bill for Senate Bill No. 307 clarifies the meaning of custom fabrication as first defined in Senate Substitute 1 for Senate Bill No. 102 in the 152nd General Assembly. That substitute bill modified the relationship between custom fabrication and the prevailing wage. This substitute removes custom fabrication as a term in Title 19 to avoid confusion of the term being defined differently in two different titles. Section 3 of this substitute bill becomes effective immediately. Sections 1, 2 and 4 of this substitute bill become effective January 1, 2025. AN ACT TO AMEND TITLE 19 AND TITLE 29 RELATING TO PREVAILING WAGE AND CUSTOM FABRICATION.
SA 1 to SB 265PassedHansenThis amendment: 1. Eliminates the requirement that the State Energy Office secure “at least” 800 megawatts of wind energy. The amendment leaves in place the upper limit of 1,200 megawatts for total procurements. 2. Requires that for both Delaware Solicitations and for Coordinated Solicitations, the State Energy Office will ensure that the ratepayers of one utility never bear the costs of any project alone, either by using a Coordinated Solicitation, or by including at least one additional offtaker for any Delaware Solicitation. 3. Clarifies that both Coordinated Solicitations and Delaware Solicitations are subject to the Delaware Benchmark Price, and that Delaware Solicitations are also subject to all of the other OSW Solicitation Requirements. 4. Establishes that the State of Delaware can contract for energy supply from a project resulting from either a Delaware Solicitation or a Coordinated Solicitation, for any portion of the power supply needs of the State. 5. Requires that municipal electric companies or rural electric cooperatives in the State that elect to exempt themselves from Renewable Energy Portfolio Standards submit a report, beginning in 2025, that details its approach to transitioning to increased renewable energy purchases, including a long-term plan detailing how such entity will contribute to helping the State achieve the carbon reduction goals set forth in Chapter 100 of Title 7. The report shall also explain why the entity declined to participate in any solicitation for offshore wind, where there was an opportunity to do so in the reporting period. 6. Adds an additional criteria to be evaluated by the State Energy Office in connection with any Certificate of Public Convenience and Necessity to be issued to any offshore wind interconnection facilities: whether the proposed facilities detrimentally impact the ability of the State to procure and transmit renewable energy resources to the citizens of Delaware. 7. Adds language indicating that any offshore wind project which has submitted a request for a Federal Consistency Determination from the Coastal Management Program as of April 18, 2024 need not secure a Certificate of Public Convenience and Necessity under Section 203F of Title 26, so long as the project does not travel horizontally along a State of Delaware owned right of way. 8. Adds language indicating that a Renewable Energy Entity may pledge its interest in a use and occupancy agreement issued by the Delaware Department of Transportation in connection with project financing, but also that no entity may take possession of the renewable energy interconnection facilities in a public right of way, and no entity may receive any interest under a use and occupancy agreement, unless and until the Department has provided its consent to such a transfer under the provisions of section 2005(c). 
SA 1 to SB 289PassedHansenThis amendment provides that local jurisdictions may not adopt a stretch code that would replace or supersede, in its entirety, the most recent energy code adopted by the Delaware Energy Office unless the local jurisdiction initiates a formal administrative or regulatory process under the guidance of the Delaware Energy Office at least 6 months prior to adoption.  
HCR 138PassedParker SelbyThis House Concurrent Resolution recognizes the month of May as Stroke Awareness Month in the State of Delaware.RECOGNIZING MAY 2024 AS STROKE AWARENESS MONTH IN THE STATE OF DELAWARE.
SS 1 for SB 304SignedSturgeonThis Act makes changes to nonacademic training requirements for school district and charter school personnel to help ensure that mandatory trainings are relevant to student needs and based on best practices. While nonacademic mandatory trainings are essential to addressing critical issues facing Delaware students, school personnel have expressed concerns related to the time burden and relevance of required trainings. Streamlining and modernizing such trainings could enhance their effectiveness and allow school personnel to spend more time meeting the needs of students. To that end, this Act makes the following changes to nonacademic training requirements for school district and charter school personnel: (1) School bullying prevention and criminal youth gang detection training hours are reduced from 3 hours every 3 years to 1 hour every 3 years, and new employees must complete 1 hour of training within 1 year of employment. (2) Suicide prevention training hours are reduced from 4½ hours every 3 years to 3 hours every 3 years, and new employees must complete 1 hour of training within 1 year of employment. (3) Teen dating violence and sexual assault training hours for school administrators, nurses, and counselors serving students in grades 7 through 12 are reduced from 2 hours every 3 years to 1 hour every 3 years, and new employees must complete 1 hour of training within 1 year of employment. This Act also directs the entities that developed these trainings to work in collaboration with the Department of Education (“the Department”) to review mandatory training programs every 3 years, at a minimum, and update the programs as necessary to ensure that they are relevant to student needs and consistent with best practices. The Department is also responsible under the Act for developing regulations that create a schedule for all trainings under § 4162 of Title 14. Senate Substitute No. 1 for Senate Bill No. 304 differs from Senate Bill No. 304 in that it requires the entities that developed the trainings to work in collaboration with the Department to review and potentially update the trainings. In contrast, Senate Bill. No. 304 would require the Department to take the lead in revising and updating trainings in consultation with these other entities. Senate Substitute No. 1 for Senate Bill No. 304 also adds an effective date for § 4163 of Title 14 at line 31, to reflect a recent change to the effective date of the statute. Senate Substitute No. 1 for Senate Bill No. 304 makes minor technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REGULATORY PROVISIONS FOR NONACADEMIC TRAINING AND RELATED RESOURCES.
SS 1 for SB 293 w/ HA 1SignedLockmanThe Delaware Fair Housing Act, Chapter 46 of Title 6, and Residential Landlord-Tenant Code, Chapter 51 of Title 25, both prohibit discrimination based on source of income, which is defined as including rental payments from any government program. However, both laws also provide that a landlord's nonparticipation in a government-sponsored rental assistance, voucher, or certificate system cannot be the basis for an administrative or judicial proceeding. Like Senate Bill No. 293, Senate Substitute No. 1 for Senate Bill No. 293 revises both the Delaware Fair Housing Act and Residential Landlord-Tenant Code to repeal the exemption to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs because this exemption contributes to a lack of affordable housing in this State. There is currently a severe shortage of affordable housing for extremely low-income households in Delaware, with only 38 affordable rental units available for every 100 extremely low-income households. In addition, studies have shown that people who use government subsidies to move from high-poverty neighborhoods to communities with more opportunity have measurable health improvements and the children in these families earn more in adulthood than children who remain in high-poverty neighborhoods. Also like SB 293, SS 1 for SB 293 delays the effective date of this Act to allow the opportunity for Delaware's 5 public housing authorities (PHAs) to do all of the following: 1. Streamline their procedures associated with housing vouchers. 2. Conduct outreach and education to landlords about how this Act changes the law. This outreach will include information explaining that while the law prohibits a landlord from having a blanket policy of not accepting government assistance to pay rent, it does not require a landlord to accept all applicants who receive rental assistance, such as applicants who have a history of evictions or not paying utility bills. SS 1 for SB 293 differs from SB 93 by as follows: • Adds whereas clauses that provide an expanded explanation of current law. • Adds whereas clauses that explain the process Delaware’s 5 PHAs are undertaking to streamline the procedures required when landlords accept housing vouchers. • Requires that the Delaware State Housing Authority provide a report by March 1, 2028, that contains the status of each streamlining recommendation and data comparing the utilization of vouchers before and after the effective date of this Act. • Provides a specific effective date of January 1, 2026. • Provides a sunset date, December 31, 2028, unless repealed or extended by a subsequent act of the General Assembly.AN ACT TO AMEND TITLE 6 AND TITLE 25 OF THE DELAWARE CODE RELATING TO FAIR HOUSING.
SS 1 for SB 13 w/ HA 1SignedS. McBrideHealthcare facility assessments are currently the second largest source of funding for states’ shares of Medicaid costs, behind general funds. Today, 49 states have at least one facility assessment in place, including Delaware, while 34 states and Washington D.C. have 3 or more provider taxes. Delaware is one of only 6 states without a facility assessment on hospitals, causing the state to miss out on critical Medicaid funding that most states are already able to access. This Act is a substitute for Senate Bill No. 13. Like Senate Bill No. 13, this Act creates the Hospital Quality Assessment, which places a 3.58% assessment on Delaware hospitals’ net patient revenues. Funds generated by the Hospital Quality Assessment must be utilized in one of two ways: (1) To increase the inpatient and outpatient payments to hospitals. (2) To develop or enhance funding for Medicaid initiatives, unlocking federal matching dollars. Funds may not be used to supplant or replace appropriations for programs in existence on the effective date of this Act, except for 25% of these funds, which may be used to support the general operations of the Medicaid program. Like Senate Bill No. 13, this Act also creates the Hospital Quality and Health Equity Assessment Commission (“Commission”), which includes state agency and hospital representation. The Commission is required to meet at least annually to monitor the implementation of the assessment. If the Centers for Medicare & Medicaid Services (CMS) determines that either the assessment or the expenditure of money does not satisfy eligibility requirements for federal financial participation or that modifications are necessary to assure continued eligibility for federal financial participation, the Commission shall develop and approve modifications to Subchapters II and III of Chapter 10 of Tile 16 of the Delaware Code and submit the modifications to the General Assembly. This Act differs from Senate Bill No. 13 as follows: (1) By directing the Department of Health and Social Services (“Department”) to administer the Hospital Quality Assessment. (2) By establishing a different method of calculating the assessment for a hospital that begins or ceases hospital operations or does not conduct hospital operations through a calendar year or fiscal year. (3) By prohibiting a hospital subject to the Hospital Quality Assessment from passing on the cost of the assessment to any patient, insurer, self-insured program, or other responsible party. (4) By requiring a hospital subject to the Hospital Quality Assessment to attest in writing to the Department that an oral or written, formal or informal agreement or arrangement does not exist to share, redirect, or redistribute Medicaid payments which would result in violation of federal or state law. (5) By updating the split in percentages of the funds collected from the Hospital Quality Assessment to reflect the wide range of federal match levels for services. The expected amount to be collected by the Assessment does not change as the result of the update. (6) By requiring the Registrar of Regulations to publish in the Register of Regulations a certification by the Commission under § 1034(d) and (e) of Title 16 of the Delaware Code, as contained in this Act. (7) By providing that appointments of members of the Minority Caucus of the House of Representatives and Senate are to be made by the Speaker of the House of Representatives and President Pro Tempore of the Senate, respectively. (8) By making modifications to the requirements for meetings of the Commission. (9) By providing that modifications to Subchapters II and III of Chapter 10 of Tile 16 of the Delaware Code recommended by the Commission take effect as of July 1 of the ensuing fiscal year unless rejected in full by an act of the General Assembly before that ensuing fiscal year. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act may be cited as the “Protect Medicaid Act of 2024”.AN ACT TO AMEND TITLES 16 AND 30 OF THE DELAWARE CODE RELATING TO HOSPITAL QUALITY ASSESSMENTS AND ESTABLISHMENT OF A HOSPITAL QUALITY AND HEALTH EQUITY FUND AND HOSPITAL QUALITY AND HEALTH EQUITY ASSESSMENT COMMISSION.
SA 2 to SB 265PassedHansenThis amendment requires the use of project labor agreements in Delaware Solicitations for Offshore Wind Contracts and in State Energy Office Offshore Wind Contracts.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 183SignedMantzavinosThe Delaware National Guard is in need of military judges and wants to use qualified military judges who are retired from the Delaware National Guard.AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO MILITARY JUDGES.
HB 281 w/ HA 3 + SA 1Enact w/o SignBaumbachThis Act repeals the option of providing health care insurance to state pensioners under Medicare part C, known as a Medicare Advantage Plan. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as "The Delaware Medicare Supplement Selection Act".AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.
HB 282 w/ HA 1, HA 2 + SA 1Veto OverriddenBaumbachThis Act adds procedural requirements to meetings of the State Employee Benefits Committee (SEBC), revises the membership of the SEBC, and requires that the Secretary of the Department of Human Resources inform State employees and retired State employees (eligible pensioners) about changes in benefits coverages affecting eligible pensioners who are receiving or eligible to receive retirement benefits under the state employees' pension plan, including proposed changes. This Act adds the following requirements to SEBC meetings: 1. If the SEBC or a subcommittee is holding a virtual meeting, the chair or vice-chair must attend at the anchor location. 2. The chair of a subcommittee must be a voting member of the SEBC. 3. The SEBC must approve a request for proposals to select a carrier or third-party administrator for the health care insurance plan for State employees or eligible pensioners during an open meeting and that the draft request for proposals must be included with the meeting notice and agenda. 4. Adds standard language for the SEBC regarding the conduct of open meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting. This Act revises the membership of the SEBC by doing all of the following: 1. Removes the Delaware retiree appointed by the Governor and adds 2 members who are Delaware residents eligible to receive health care insurance under Chapter 52 of Title 29 under a pension or retirement plan. The President Pro Tem of the Senate and the Speaker of the House of Representatives each appoint 1 of these members. 2. Makes the Secretary of the Department of Human Resources a non-voting member of the Committee. 3. Changes the leadership of the SEBC so that only the Director of the Office of Management and Budget serves as chair and the vice-chair is elected annually by the members of the Committee. The vice-chair must be a voting member of the Committee and may not be a cabinet secretary or hold a position of equivalent rank in the executive branch. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as the “Delaware State Employee Benefits Committee (SEBC) Transparency and Accountability Act”.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEE BENEFITS COMMITTEE.
SB 205SignedParadeeThis Act promotes increased capital investment at Delaware casinos by restructuring the table games licensing fee reduction currently received by lottery agents to allow capital investments greater than the minimum amounts required under § 4815(b)(3)a. of Title 29 of the Delaware Code to count toward the allowable license fee reductions. For ease of administration, this Act also aligns time periods for both table games and video lottery calculations. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.
SB 207SignedPooreThis Act eliminates the sunset provision contained in Chapter 170, Volume 84 of the Laws of Delaware related to xylazine.AN ACT TO AMEND CHAPTER 170, VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT AND DRUG TESTING STRIPS.
SB 209SignedPooreThis act adds adult sibling of a decedent to the definition of next of kin in Chapter 47 of Title 29 of the Delaware Code relating to the Division of Forensic Science. This expansion of the definition of next of kin will, for example, allow the Medical Examiner to release the personal property of a decedent to an adult sibling of a decedent, when there is no other next of kin. It will also allow the Medical Examiner to provide a copy of a post mortem examination report to an adult sibling, upon written request, when there is no other next of kin.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF FORENSIC SCIENCE AND THE DEFINITION OF NEXT OF KIN.
SB 210SignedSokolaThis Act establishes the Chief Information Officer of the Department of Technology and Information or their designee as a member of the Enhanced 911 Emergency Reporting System Service Board by virtue of their position. The Act clarifies the Chief Information Officer, or their designee serve on the board so long as they hold their position and do not require the advice and consent of the Senate.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ENHANCED 911 EMERGENCY REPORTING SYSTEM SERVICE BOARD.
SB 223SignedWalshThis Act is the product of the work of stakeholders who, with the encouragement of Senate Concurrent Resolution No. 50 (152nd General Assembly), met to examine how to integrate mobile-integrated healthcare and community paramedicine into existing regulatory structures in this State. Mobile-integrated healthcare and community paramedicine are innovative patient-centered models for the delivery of health care services that utilize mobile resources to deliver care and services to patients in an out-of-hospital environment in coordination with healthcare facilities or other healthcare providers. As part of mobile-integrated healthcare and community paramedicine programs, emergency medical services provider agencies across the country of all sizes and types are partnering with hospitals, primary care physicians, nurses, and mental health and social services providers on innovative programs that both navigate patients to the right level of care as well as achieve goals of improved care and lower costs. Clinical research studies comparing patients in traditional hospitals with patients who received hospital-level care at home through mobile-integrated healthcare and community paramedicine programs have found that those who received in-home care experienced fewer readmissions, lower mortality rates, reduced falls, and higher patient satisfaction rates. Based on temporary federal law enacted to relieve strain on healthcare systems caused by the COVID-19 pandemic, hospitals in this State developed relationships with emergency medical services provider agencies to implement mobile-integrated healthcare and community paramedicine programs. However, this temporary federal authorization will end on December 31, 2024. Many states have acted ahead of the expiration of this federal authorization to incorporate mobile-integrated healthcare and community paramedicine programs into existing regulatory structures. This Act integrates mobile-integrated healthcare and community paramedicine programs into existing regulatory structures in this State by authorizing the establishment of mobile-integrated healthcare and community paramedicine programs in this State through the Office of Emergency Medical Services (“Office”) in the Department of Health and Social Service’s Division of Public Health (“Division”). Specifically, this Act does the following: (1) Authorizes an organization licensed as or actively seeking licensure as an emergency medical services provider agency to apply to the Office to establish a mobile-integrated healthcare or community paramedicine program. (2) Requires the Office to review applications to establish mobile-integrated healthcare or community paramedicine programs and make recommendations to the Director of the Division, who is required to approve applications that meet the requirements established by this Act and regulations adopted by the Office. (3) The Office is required to establish standards, approved by the Board of Medical Licensure and Discipline, for the establishment and operation of mobile-integrated healthcare or community paramedicine programs This Act takes effect immediately for purposes of the Office of Emergency Medical Services preparing to implement this Act, but is not implemented until the date of publication in the Register of Regulations of a notice by the Director of the Office of Emergency Medical Services that the Office is prepared to implement this Act. The changes to the definition section, § 9802 of Title 16 of the Delaware Code, in Sections 2 and 3 of this Act are identical. These changes had to be made twice as § 9802 of Title 16 currently has 2 versions, one effective until July 17, 2028, and one effect as of July 17, 2028. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and, in Section 5 of this Act, to correct an internal reference in § 6701B of Title 18 of the Delaware Code affected by changes in Sections 2 and 3 of this Act.AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO PARAMEDIC SERVICES.
SCR 156PassedHoffnerThis resolution requests the Division of Medicaid and Medical Assistance to study and issue a report assessing the home care industry in Delaware. The DMMA is requested to use specified home care codes for their report and conduct various analyses. The DMMA is requested to make their report available for the public.REQUESTING THE DIVISION OF MEDICAID AND MEDICAL ASSISTANCE TO ISSUE A REPORT ASSESSING HOME CARE IN DELAWARE.
SCR 160PassedPettyjohnThis Senate Concurrent Resolution designates the month of May 2024 as "Lyme Disease Awareness Month" in the State of Delaware.DESIGNATING THE MONTH OF MAY 2024 AS "LYME DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 163PassedHoffnerThis Concurrent Resolution designates May 27, 2024, as “Brain Cancer Awareness Day” in the State of Delaware. “Brain Cancer Awareness Day” brings attention to the experiences of individuals affected by brain cancer and empowers them to share their stories, which helps overcome stigmas, corrects misconceptions, fosters a supportive community for patients and their families, and helps patients and caregivers to navigate their journey with greater knowledge and support by sharing resources, support networks, and information about available services. “Brain Cancer Awareness Day” is critical to educating the public about brain cancer and to supporting research funding for effective brain cancer treatments including targeted therapies, immunotherapies, and ultimately a cure.DESIGNATING MAY 27, 2024, AS “BRAIN CANCER AWARENESS DAY” IN THE STATE OF DELAWARE.
SCR 171PassedSokolaThis Senate Concurrent Resolution honors the National Conference of State Legislatures, and its members, leadership, and staff, past and present, for its outstanding work as it prepares to mark 50 years of service to the Delaware General Assembly and the legislatures of other U.S. states, territories, and commonwealths.HONORING THE NATIONAL CONFERENCE OF STATE LEGISLATURES AS IT PREPARES TO MARK THE 50TH ANNIVERSARY OF ITS ESTABLISHMENT IN 1975.
SCR 170PassedWilsonThis Senate Concurrent Resolution commends the Food Bank of Delaware for its contributions toward ending hunger and resolving the root causes of poverty in the State of Delaware through its increased statewide impact.COMMENDING THE FOOD BANK OF DELAWARE AND ITS NETWORK OF PROGRAM PARTNERS FOR ITS CONTRIBUTION TO THE STATE OF DELAWARE.
HA 3 to HB 403PassedSchwartzkopfThis amendment changes the date that The Board of Assessment Review for Kent County or its representatives must hear appeals and make additions, alterations, or corrections to assessments from April 1 through April 15 to March 1 through May 31 of each year or until all appeals have been heard and acted upon during a year of reassessment. It changes the time period for issuing appeal decisions from 5 days to 30 days. It provides for 20 days instead of 15 days for a Department or Office of Finance to provide a certified record to the Superior Court if a decision is appealed. It provides that Ad Valorem assessments for mobile homes shall be developed in the same manner as real property and be predicated on their market value, taxed at the same rate as real property throughout the county and school district in which the mobile home is located and in the name of the owner. This amendment also corrects a typographical error in the original bill. 

Senate Committee Assignments

Committee
Education
Health & Social Services
Housing & Land Use
Judiciary
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Judiciary
Labor

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Economic Development/Banking/Insurance & Commerce

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

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Nominations Enacted upon by the Senate

No Records