| HB 429 | Committee | D. Short | This legislation, the State Spending Accountability Amendment, is the first leg of a constitutional amendment that would reform the state budgeting process.
This amendment would continue the Budget Stabilization Fund, established in 2018 under Executive Order 21, issued by Governor John Carney. It also seeks to continue the state Benchmark Index and state Benchmark Appropriation, established by the same executive order, which will expire at the end of the Carney administration in January 2025.
This amendment would further hold the General Assembly accountable for responsibly managing state spending growth by instituting new protocols. It would create the 8-member Budget Accountability Review Commission (BARC) and establish a set of procedures to ensure the state operating budget complied with the state Benchmark Index and state Benchmark Appropriation. These benchmarks could be exceeded when extraordinary circumstances presented themselves.
| AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII, § 6 OF THE DELAWARE CONSTITUTION RELATING TO LIMITING THE ANNUAL GROWTH OF EXPENDITURES IN THE STATE OPERATING BUDGET. |
| HA 1 to HB 412 | PWB | Yearick | This amendment adds Deputy Attorneys General, Serious Juvenile Offender Officer and Special Investigator of the Department of Services for Children, Youth and their Families to the list of those protected by this act. | |
| SB 315 | Committee | Richardson | This Act prohibits gender transition surgery for children due to the potential for an irrevocable procedure occurring when there is a significant probability that children will come to identify with their biological gender.
This Act prohibits the use of public funds and insurance coverage for gender transition surgery for children.
This Act provides for enforcement of the Act as follows:
(1) By providing for compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief.
(2) By making a referral for or provision of gender transition procedures to a child unprofessional conduct for which a physician or healthcare professional making the referral for or provision of gender transition procedures to a child is subject to discipline by the appropriate licensing entity or disciplinary review board with jurisdiction over the physician or healthcare professional in this State. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GENDER TRANSITION PROCEDURES. |
| SA 1 to HS 1 for HB 286 | Passed | Hansen | This Amendment prohibits a person engaged in the business of life insurance from requesting information that an individual has received from direct-to-consumer genetic testing. | |
| HB 421 | Committee | Heffernan | This bill amends section 1318 of Title 14 to provide an education employee paid time off to recover from injury incurred in the performance of duty. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PAID TIME OFF FOR EDUCATION EMPLOYEES. |
| SA 1 to SB 305 | Passed | Sturgeon | To provide flexibility for the Department of Education (Department) to expand access to free, high quality early childhood educational services, this Amendment removes the requirement that the Department provide early childhood educational services that are full day in favor of allowing the Department to identify priorities for which programs to provide, including the consideration of the number of hours per day a program offers.
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| SB 317 | Committee | Richardson | This Act requires a health-care practitioner to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy. The patient is free to choose not to view the ultrasound or listen to the auscultation of fetal heart tone.
This Act is known as "The Woman's Right to Know Act." | ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE OFFER OF AN ULTRASOUND AND AUSCULTATION SERVICES BEFORE TERMINATING A PREGNANCY. |
| HB 424 | Committee | Romer | Currently, if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction, over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order.
| AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF SUPERIOR COURT DENIALS OF REVERSE AMENABILITY ORDERS. |
| HA 1 to SB 236 | Passed | Heffernan | This amendment corrects a technical error that would have changed the eligibility for a temporary disability placard. | |
| HA 1 to SS 1 for SB 269 | Passed | K. Williams | This Amendment makes the conditions under which an animal welfare officer must seize and impound a dog consistent with the findings that the Justice of the Peace Court must make to declare a dog potentially dangerous under § 3077F(a) of Title 16 or dangerous under § 3076F(a) of Title 16.
This Amendment also clarifies that the current provision that a dog may lose its potentially dangerous designation after a 24-month term applies only to dogs that are declared potentially dangerous prior to the effective date of the Act. Dogs deemed potentially dangerous on or after the effective date of the Act will retain the potentially dangerous designation permanently.
Finally, the Amendment adds a Section 13, which provides that Sections 9 and 10 of the Act, pertaining to the findings necessary to declare a dog dangerous or potentially dangerous and the requirements the owners of those dogs must meet, apply only to actions filed on or after the effective date of this Act. | |
| HB 436 | Committee | Wilson-Anton | This Act allows participation in the county and municipal police/firefighter pension plan by persons who are employed full time as either a paid firefighter or a paid emergency medical technician or both. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN. |
| SB 321 | Committee | Hoffner | This Act codifies rights afforded to persons with disabilities that are under guardianships pursuant to Chapters 39 and 39A in Title 12 of the Delaware Code. This Act also grants persons with disabilities the ability to motion the Court of Chancery for equitable relief for any violations of these rights. | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO RIGHTS OF ADULTS UNDER GUARDIANSHIP. |
| HB 441 | Committee | Lambert | This Act encourages patients to choose physical therapy, occupational therapy, and neuromuscular massage therapy as a safe alternative to opioid use for managing acute and chronic pain by doing the following:
1. Eliminating cost-sharing for physical therapy, occupational therapy, and neuromuscular massage therapy services.
2. Expanding the prohibition on annual or lifetime numerical limits on physical therapy, occupational therapy, and neuromuscular massage therapy services to the treatment of any chronic or acute musculoskeletal pain or post-surgical therapy.
This Act applies to individual health insurance policies under Chapter 33 of Title 18, group and blanket health insurance policies under Chapter 35 of Title 18, the State employee health plan under Chapter 52 of Title 29, and Medicaid under Chapter 5 of Title 31.
This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2025.
This Act expires December 31, 2030.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 18, TITLE 24, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR PHYSICAL THERAPY, OCCUPATIONAL THERAPY, AND NEUROMUSCULAR MASSAGE THERAPY. |
| SS 1 for SB 266 | Signed | Mantzavinos | Senate Substitute 1 for SB 266 clarifies the process and roles of the Attorney General, State Escheator, and Secretary of State in actions under the Delaware False Claims and Reporting Act (DFCRA) for failure to comply with reporting requirements of the Delaware Unclaimed Property Law (UPL). The government, through the Attorney General, may bring such an action after a 120-day period during which the State Escheator may initiate an examination or within the 120-day period, with the State Escheator's consent.
In addition, SS 1 clarifies how a whistleblower may submit information regarding a violation of the reporting requirements of the UPL and defines what payment a whistleblower may receive, in the event the State receives payment as a result of the whistleblower's information.
SS 1 differs from SB 266 in that it sets forth specific criteria that must be satisfied in order for the Attorney General to bring an action for violation of the reporting requirements of the UPL.
| AN ACT TO AMEND TITLE 6 AND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY. |
| SS 3 for SB 4 | Out of Committee | Pinkney | This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. and Senate Substitute No. 2 for Senate Bill No. 4. Like Senate Bill No. 4, Senate Substitute No. 1, and Senate Substitute No. 2 for Senate Bill No. 4, this Act modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision.
This Act differs from Senate Substitute No. 2 for Senate Bill No. 4 by doing all of the following:
(1) Continuing the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system.
(2) Removing the prohibition on imposing a sentence of incarceration for a technical violation and the special sentencing matrix for certain technical violations. As a result, the definitions for “non-technical violation” and “technical violation” are also removed.
(3) Removing the requirement that periods of incarceration imposed when probation violations are found for multiple offenses be served concurrently.
(4) Removing the requirement that for a court, Board of Parole, or probation and parole officer to impose a condition that an individual on probation not possess or use alcohol or controlled substances there must be a reasonable relationship to the criminogenic needs of the individual.
(5) Removing the prohibition on a probation and parole officer from pursuing sanctions for nonwilful violations of probation, which include the following:
a. An individual on probation’s failure to complete a program when the program refuses to provide services, the program is cost prohibitive, or access to the program is restricted beyond the control of the individual on probation.
b. An individual on probation’s failure to follow supervision conditions when the individual on probation’s medical conditions or disability prevent compliance.
c. An individual on probation’s failure to report based on factors beyond the individual on probation’s control.
(6) Removing the prohibition on a court finding a probation violation occurred based on criminal conduct that the court acquitted the individual on probation of or dismissed the underlying criminal charge for.
(7) Removing the repeal of a provision that permits the Department of Correction to deny earned compliance credits to an individual on probation for other categories of offenses that the Department establishes by rules and regulations. The Department is statutorily permitted to deny credits for individuals on probation for a sexual offense, a violent felony, and any offense in the Delaware Code if the probation is imposed to collect restitution at Accountability Level I.
(8) Removing the requirement that there be a finding that the individual on probation poses a substantial risk of injury to others or of intentionally failing to appear for a revocation hearing before a court could issue an arrest warrant or the Department could deputize officers to make an arrest.
(9) Making clear that outstanding balances owed on the home confinement fee imposed under § 4332(b) of Title 11, which is repealed by this Act, are discharged.
(10) Clarifying that the requirement that a court, Board of Parole, or probation and parole officer presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible to achieve the goals of supervision applies only to special conditions of probation.
(11) Not including any changes to § 4334 of Title 11 (relating to arrests for violation of conditions of supervision and disposition of those violations) in this Act.
(12) Providing for a delay in the effect of this Act. This Act takes effect 180 days after its enactment into law.
This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11, TITLE 13, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION. |
| SCR 175 | LOT | Pinkney | This Senate Concurrent Resolution establishes the Probation System Task Force to study the probation system and make findings and recommendations. | ESTABLISHING THE PROBATION SYSTEM TASK FORCE. |
| HS 1 for HB 383 w/ HA 1, HA 2 + SA 1 | Signed | Harris | This substitute for House Bill 383 does the following:
Like House Bill 383, Section 1 of this Act prohibits discrimination against 340B drug distribution by manufacturers, third-party logistics providers, and wholesale distributors. Violations are deemed an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Department of Justice has authority to promulgate regulations to implement the provisions of this Act. This Section differs from House Bill 383 by removing repackagers from the list of entities prohibited from engaging in 340B drug discrimination, authorizing the Board of Pharmacy to promulgate regulations and take disciplinary action against both licensees and holders of permits issued by the Board, and requiring covered entities, manufacturers, third-party-logistics providers, and wholesale distributors to publish annual reports on their websites and provide copies of the reports to the Board of Pharmacy, Speaker of the House, Senate President Pro Tempore, Office of the Governor, and members of the House and Senate Health Committees and Joint Finance Committee.
Section 2 of this Act prohibits discrimination by pharmacy benefits managers against 340B covered entities. Violations are deemed unfair practices in the insurance business. Contracts purporting to include provisions in violation of this Act are deemed void and unenforceable. This Section differs from House Bill 383 by making technical changes to correct internal references and changing references to “health carriers” to reference “purchasers” instead.
Section 3 of this Act contains severability language in the event that any provision or the application of the Act to a person or circumstance is deemed to be invalid.
Section 4 of this Act contains non-preemption language to ensure that the Act can be read and interpreted to not conflict with other State or federal law. | AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PROHIBITING DISCRIMINATION AGAINST 340B DRUGS AND COVERED ENTITIES BY MANUFACTURERS AND PHARMACY BENEFITS MANAGERS. |
| SA 1 to SB 298 | Passed | Mantzavinos | This Amendment deletes changes to the charter contained in Senate Bill 298 concerning absentee voting. The effect of this Amendment is that the charter's current language regarding absentee voting, which provides that the Commissioners may prescribe, by ordinance, for absentee registration and for the casting of absentee ballots, remains intact. | |
| SA 1 to SB 314 | Passed | Pinkney | Senate Bill No. 314 removes “supervision” from the scope of practice of a master’s social worker and prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. Senate Bill No. 314 includes a grandfathering provision for applicants and licensed clinical social workers who received or are receiving their supervision from a master's social worker.
This Amendment revises the grandfather clause to limit the amount of time that an applicant who is applying for licensure as a licensed clinical social worker may continue to receive supervision from a master's social worker. The amendment will require an applicant who will not complete the 2-year supervised experience requirement on or before 180 days after the enactment of this Act to continue any necessary supervision under the supervision of a licensed clinical social worker, licensed psychologist, or licensed psychiatrist, in accordance with § 3907(b)(4) of this title. To correspond with this change, the Amendment also limits the amount of time that a master's social worker may continue supervision of an applicant to no longer than 180 days after the enactment of this Act. | |
