Daily Report for 6/20/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 188PassedGayThis resolution recognizes the 52nd anniversary of Title IX and its positive impact on students.RECOGNIZING TITLE IX'S 52ND ANNIVERSARY AND ITS POSITIVE IMPACT ON STUDENTS.
HB 449CommitteeSpiegelmanThis Act removes the requirement that Kent County establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION ACT.
HA 2 to SS 1 for SB 269StrickenSchwartzkopfThis amendment requires that a dog “intentionally or recklessly” be allowed to run at large for a civil penalty to apply. 
SA 1 to HS 1 for HB 247PassedHansenThis amendment expands on the definition of “Safe System Approach” in the bill. This amendment deletes a provision on lines 36 through 39 of the bill that would add a new subsection (e) to Title 17 of the Delaware Code, Section 146 about access to state-maintained highways. This amendment clarifies language at lines 45 through 49 of the bill about when private properties made non-confirming under local zoning codes as a result of State acquisitions to consolidate entrances for traffic safety reasons are exempt from variance requirements. This amendment also makes a technical correction.  
HCR 153PassedHeffernanThis House Concurrent Resolution directs the Department of Education and the Department of Health and Social Services to jointly produce a report outlining the creation of a student injury monitoring system. The system is intended to facilitate the sharing of injury information from medical professionals to school nurses, counselors, athletic trainers, and any other necessary medical professionals working in schools, focusing on injuries that require surgery, pain management, physical therapy, and concussions, while ensuring compliance with health information privacy laws. The report is to be submitted by August 31, 2025.DIRECTING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO PRODUCE A REPORT OUTLINING THE CREATION OF A STUDENT INJURY MONITORING SYSTEM.
HS 1 for HB 360CommitteeWilson-AntonThis Substitute for House Bill No. 360 removes 1 floating holiday and adds 1 legal holiday that will rotate on a 3-year basis between Diwali, Eid ul-Fitr, and Yom Kippur, so that only one of those holidays will be a legal State holiday in any given year. The Act takes effect January 1, 2026.AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO STATE HOLIDAYS.
SCR 197PassedWalshThis Concurrent Resolution recognizes the month of June 2024 as Myasthenia Gravis Awareness Month in the State of Delaware.RECOGNIZING THE MONTH OF JUNE 2024 AS MYASTHENIA GRAVIS AWARENESS MONTH IN THE STATE OF DELAWARE.
HA 1 to HS 1 for HB 248PWBK. JohnsonThis Amendment does the following: (1) replaces Clean Air Act permit with Air Quality permit; (2) eliminates a page limit for the summary in the Community Outreach Plan; (3) requires the applicant to post answers to questions at the community meeting on its website; (4) requires the Underserved Community Outreach Report to also advise of any impact the project will have on subaqueous land; (5) requires both the Community Outreach Plan to be implemented and the Underserved Community Outreach Report to be completed before the applicant's permit application shall be considered complete; (6) replaces Environmental Justice Ombudsman with Environmental Justice Coordinator; (7) Increases the time for the Department to promulgate regulations from 6 months to 12 months and (8) sunsets the Stakeholder Committee once the final regulations are published by the Department. 
HB 450CommitteeHarrisThis Act creates a rental housing registry for the State of Delaware that is searchable by the public. In addition to basic information about the rental unit, the landlord must provide the results of any lead-based paint inspection or risk assessment of a unit constructed before January 1, 1978.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO A RENTAL UNIT REGISTRY.
HA 1 to HB 399PWBCarsonThis Amendment restores the position of the Executive Director of the Delaware Commission of Veterans' Affairs. 
HB 452CommitteeHarrisThis Act requires that all rental units constructed before January 1, 1978, are certified as lead free or lead safe by a specific deadline. Lead inspectors must be approved by the State to conduct inspections and if necessary, lead abatement and remediation. A certificate exemption may be issued for no more than 6 months. If the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Beginning July 1, 2026, every rental until constructed prior to January 1, 1978, shall include a disclosure as to whether the rental unit has been certified as lead safe or lead free. To help eligible landlords obtain lead certification or remediate their units, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants shall be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. This Act also establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. This Act also does the following: (1) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (2) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (3) Requires landlords to show proof that their unit is certified as lead free or lead safe in accordance with this Act prior to filing a complaint for possession with JP Court. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months. AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.
SA 1 to HB 401StrickenPooreThis amendment requires that the Division of Public Health send the results of lead poisoning screenings to the State’s health information exchange, Delaware Health Information Network, for inclusion in the community health record. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 195SignedPinkneyThe Delaware Medical Orders for Scope of Treatment “DMOST” was enacted in 2016 under HB 64 (148th). The DMOST form allows Delawareans to plan ahead for health-care decisions, express their wishes in writing, and both enable and obligate health care professionals to act in accordance with a patient’s expressed preferences. A DMOST form is different than an Advance Health-Care Directive because a DMOST form contains portable medical orders that respect the patient’s goals for care in regard to the use of CPR and other medical interventions. Currently, DMOST is being underutilized, despite efforts by advocates and the creation of a statewide, electronic registry for DMOST forms hosted by the Delaware Health Information Network (DHIN). This Act will improve the utilization of DMOST forms by health-care practitioners, health-care providers, emergency-care providers, and patients and their families by creating a DMOST Program at the Department of Health and Social Services (DHSS). This Act expands upon DHSS’ current responsibilities under DMOST by doing all of the following: 1. Providing ongoing education and training for health-care practitioners, health-care providers, emergency-care providers, and patients and their families. 2. Maintaining a website for information and education about DMOST. 3. Working with the DHIN to maintain the electronic registry. 4. Coordinating with the National POLST Collaborative regarding current best practices and research. (POLST, which stands for Physician Orders for Life-Sustaining Treatment, was the name given to the first tool developed for honoring patients' wishes for end of life treatment in 1991.) 5. Creating a DMOST Steering Committee, consisting of a broad group of stakeholders, to evaluate and improve the DMOST Program and the use of DMOST forms. The DMOST Steering Committee must produce an annual report containing data about the use of DMOST forms, trainings, public education and outreach, and current challenges and recommendations to improve the DMOST Program. This Act 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 DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT.
HB 277 w/ HA 1SignedK. WilliamsThis Act designates the Court of Common Pleas as the court with original jurisdiction of offenses under section 4172 of Title 21.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPEED EXHIBITIONS.
HB 283 w/ HA 1SignedBushThis bill reorganizes provisions within the Insurance Code to centralize licensing and filing fees within one statutory provision (§ 701) and reconciles differences between the licensing and filing fees set forth in § 701 and within the specific licensing statutes. This bill also creates new licensing or registration fees for reciprocal insurers and certified reinsurers to align the costs of processing applications for these insurers with similarly-licensed or accredited insurers and reinsurers.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE.
HB 284SignedBushThis is a clean-up bill that moves certain workers’ compensation-related provisions in Chapter 25 of Title 18 to Chapter 26 of Title 18, the latter of which shall exclusively govern workers’ compensation filings. The bill also makes technical corrections to conform with the Legislative Drafting Manual. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO WORKERS’ COMPENSATION INSURANCE.
HB 333 w/ HA 1 + SA 1SignedGriffithThis Act creates the Delaware Artificial Intelligence ("AI") Commission. This Commission shall be tasked with making recommendations to the General Assembly and Department of Technology and Information on AI utilization and safety within the State of Delaware. The Commission shall additionally conduct an inventory of all Generative AI usage within Delaware's executive, legislative, and judicial agencies and identify high risk areas for the implementation of Generative AI. The Commission will terminate 10 years from enactment unless extended by the General Assembly.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARTIFICIAL INTELLIGENCE COMMISSION.
HB 309SignedK. WilliamsThis Act updates the definition of child care facility to reflect the move of the Office of Child Care Licensing from the Department of Services for Children, Youth & Their Families to the Department of Education. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO SPECIAL EMPLOYMENT PRACTICES FOR HEALTH CARE AND CHILD CARE FACILITIES.
HB 317 w/ HA 1SignedLambertThis bill creates a requirement for all sellers of third-party gift cards to display a notice of potential scams involving gift cards. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE SALE OF GIFT CARDS.
HS 1 for HB 286 w/ HA 1 + SA 1SignedSpiegelmanLike House Bill No. 286, House Substitute No. 1 for House Bill No. 286 prohibits discrimination in life insurance based on genetic characteristics, genetic information, or the result of any genetic test. House Substitute No. 1 for House Bill No. 286 differs from House Bill No. 286 as follows: 1. Provides a definition of “direct-to-consumer genetic testing”. 2. Allows the use of any genetic information that is in an individual's medical record or application for life insurance. 3. Allows a person engaged in the business of life insurance to request that an individual share genetic information from a direct-to-consumer genetic testing or to request that an individual provide written consent for entity to provide that information. 4. Allows an entity that provides direct-to-consumer genetic testing to share information with a person engaged in the business of life insurance but only with the written consent of the individual. 5. Clarifies that a person engaged in the business of life insurance may not do any of the following: a. Require that an individual take a genetic test. b. Require that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing or provide written consent for the entity to provide that information. c. Take into consideration the refusal by an individual to take a genetic test, provide genetic information received from direct-to-consumer genetic testing, or provide written consent to share information from direct-to-consumer genetic testing. Like HB 286, HS 1 for HB 286 also does all of the following: 1. Makes corresponding corrections to § 2317 of Title 18 by revising the heading for clarity and the definition of "insurance" to conform with the terms and definitions used in Title 18. 2. Is known as "The Ericka Byler Act”. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO GENETICS BASED DISCRIMINATION.
HB 352 w/ SA 1SignedCookeThis Act gives county code enforcement constables the authority to tow abandoned vehicles on private property.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ENFORCEMENT AND REMOVAL OF ABANDONED VEHICLES.
HS 1 for HB 302SignedBoldenAccording to the American Cancer Society, prostate cancer is the second-leading cause of death from cancer in men. It is estimated that about 1 in 41 men will die of prostate cancer. According to ZERO Prostate Cancer, Black men face serious health care disparities regarding prostate cancer. 1 in 6 Black men will develop prostate cancer in their lifetime compared to 1 in 8 men overall. Black men are also 1.7 times more likely to be diagnosed with, and 2.1 times more likely to die from, prostate cancer than white men.  HB 302 requires all group, blanket, and individual health insurance policies to cover prostate screening for men at risk of prostate cancer. This Substitute bill broadens the definition of “prostate screening” to include any medically necessary and clinically appropriate method for the detection and diagnosis of prostate cancer, including a digital rectal exam and prostate specific antigen test, and associated laboratory work. This Substitute bill also clarifies the ages at which prostate screenings must be covered, consistent with the American Cancer Society guidelines, as follows: (1) Age 50 for men at average risk of developing prostate cancer; (2) Age 45 for men at high risk of developing prostate cancer, including African American men and men who have a first degree relative diagnosed with prostate cancer; and (3) Age 40 for men at even higher risk for prostate cancer, including men who have more than one first degree relative diagnosed with prostate cancer.  This Substitute bill also extends the effective date to health insurance policies modified after December 31, 2025, and makes technical corrections. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROSTATE CANCER SCREENING.
HB 373SignedBushThis Act amends Chapter 49 of Title 29 to enable the Office of Highway Safety to solicit and receive subscriptions, donations, and other funds from individuals or organizations for the purpose of implementing highway safety programs and projects that support the mission of reducing traffic fatalities and injuries in Delaware. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE TO ENABLE THE OFFICE OF HIGHWAY SAFETY TO SOLICIT AND RECEIVE FUNDS TO FURTHER ITS SAFETY MISSION.
HB 379SignedBushThis Bill would reinstate language formerly in the Delaware Code which would permit insurance agents to issue checks to policyholders in time sensitive situations without having to qualify as claims adjusters. This practice would be subject to regulation by the Department of Insurance.AN ACT AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE PAYMENTS.
HB 375SignedBaumbachThis Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee. Under this Act, the amount of the premium for a health-care insurance plan that this State will pay on behalf of eligible pensioners who were first employed as a regular officer or employee on or after January 1, 2025, and who are not subject to mandatory retirement, is changed as follows: 1. For eligible pensioners employed by the State for at least 15 years but less than 20 years at the time of retirement, 50% of the of the premium. 2. For eligible pensioners employed by the State for at least 20 years but less than 25 years at the time of retirement, 75% of the of the premium. 3. For eligible pensioners employed by the State for 25 or more years at the time of retirement, 100% of the of the premium. All other revisions to current law under this Act are technical changes to improve clarity and conform existing law to the standards of the Delaware Legislative Drafting Manual. These technical changes include the addition of new defined terms and the reorganization of existing law. In § 5201 of Title 29, this Act makes the following technical changes: 1. Revises the definitions of “eligible pensioner”, “plan”, and “regular officer or employee” to remove inconsistent language and align with each other and current law. 2. To avoid repeating phrases in § 5202 of Title 29, clarifies that only for purposes of the amount of the premium paid by the State for health-care insurance plans, the term “eligible pensioner” includes the eligible pensioner’s eligible spouse and dependents and defines the following terms: • “First employed” means the date when the eligible pensioner began work as a regular officer or employee. • “Mandatory retirement” means mandatory retirement for members of the State Police under § 8361 of Title 11. • “Maximum state share" means the amount of the premium that the State pays for a plan before the proration ratio is applied. • “Premium” means the total premium or subscription charge for a health-care insurance plan provided under Chapter 52 of Title 29. In § 5202 of Title 29, this Act makes technical changes to clarify current law regarding the amount of the premium for a health-care insurance plan that this State will pay on behalf of a regular officer or employee or an eligible pensioner by doing the following: 1. Creates the following terms: • “Proration ratio”, which means the percentage applied to the maximum state share. For eligible pensioners, the “proration ratio” is based on when the eligible pensioner was first employed and the number of years the eligible pensioner had been employed as a regular officer or employee at the time of retirement. • “Prorated state share”, which means the dollar amount that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner. The “prorated state share” is the product of multiplying the proration ratio with the maximum state share. 2. Revises subsection (a) to use the new terms defined under this Act. 3. Transfers the current provisions in paragraphs (b)(1) and (b)(2) that provide the maximum state share for eligible pensioners to subsection (a), so they are with the maximum state share for regular officers and employees. 4. Revises subsection (b) so that the proration ratio and how it is used to determine the prorated state share is explained in paragraph (b)(1) and the proration ratios are provided in paragraphs (b)(2) and (b)(3). • Paragraph (b)(2) lists all groups for whom the proration ratio is 100% because there are no deductions to the maximum state share. • Paragraph (b)(3) provides the proration ratios for eligible pensioners based on the date the eligible pensioner was first employed and years of employment as a regular officer or employee. These ratios clarify that for eligible pensioners who worked for less than the minimum number of years for the 50% proration ratio, the State does not pay anything towards the maximum state share.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAYMENT OF PREMIUM OR SUBSCRIPTION CHARGES BY ELIGIBLE PENSIONERS.
HB 376SignedBaumbachThis Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee. Under this Act, the state group health insurance program must include a pensioner coordination of benefits policy for eligible pensioners who were first employed by the State on or after January 1, 2015, and are eligible for health care coverage through their employer that is not through a plan under Chapter 52 of Title 29. The new pensioner coordination of benefits policy begins July 1, 2027, and must be comparable to the exiting coordination of benefits policy for the spouse of a state group health insurance program participant who is eligible for health care coverage through the spouse's own employer. This Act also codifies the existing spousal coordination of benefits policies for the state group health insurance program. The existing spousal coordination of benefits policies and the pensioner coordination of benefits policy created under this Act apply to all participants in the state group health insurance program, which includes regular officers or employees, eligible pensioners, and individuals eligible under § 5208 and § 5209 of Title 29. In addition, this Act 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 STATE HEALTH CARE INSURANCE.
HB 377Enact w/o SignBaumbachThis Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee (RHBAS). Under this Act, the State must continue to offer eligible pensioners first employed by the State as a regular officer or employee (first employed) before January 1, 2025, a plan that is comparable to the current Special Medicfill Medicare Supplement plan. However, for eligible pensioners first employed on or after January 1, 2025, the State may offer different Medicare supplement plans that are not high deductible plans. This Act differs from the RHBAS recommendation because it does not limit the plan for eligible pensioners first employed on or after January 1, 2025, to plans that are comparable to the current Medicare supplement Plan G and Plan L. This difference is because under this Act, the State will not be able to offer a different Medicare supplement plan to any eligible pensioners until January 1, 2040, and details about the Medicare supplement plans that will be available at that time is unknown. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to align with related legislation.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.
HB 403 w/ HA 3SignedSchwartzkopfThis Act transfers the sections pertaining to assessment functions and the New Castle County Board of Assessment Review from the subchapter governing the functions of the Department of Land Use to the subchapter governing the functions of the Department of Administration and updates reference to the Department of Land Use to the Office of Finance in Chapter 83 of Title 9. It changes the New Castle County Board of Assessment Review from 8 members appointed by New Castle County Council and 1 member appointed by the County Executive, with the advice and consent of County Council, to 8 regular members and 3 alternate members appointed by New Castle County Council and 1 regular member appointed by the County Executive, with the advice and consent of County Council. It changes the Sussex County Board of Assessment Review from 5 members to 5 regular members and 3 alternate members. It permits Sussex County Council to provide for the term, residency requirement, compensation, and procedure for filling vacancies. It authorizes the appointment of a representative called a “referee” or a panel of 3 members of the Board to hear assessment appeals. It increases the time period in which the appeal process may take place from one month to three months. In all counties, it removes the requirement that a board of assessment or Department or Office of Finance to show the names of the owners, last owners, or reputed owners, the value of the property, and the amount of each owner’s assessment in their written assessments. In all counties, it clarifies that all property subject to assessment shall be assessed at its fair market value as of the date of the most recent reassessment base year in the county in which the property is located. It removes the requirement in Sussex County that the written assessment must state whether unimproved land is timberland, swamp, or marsh, and the number of acres. It provides the Board of Assessment Review for New Castle County the ability to determine the schedule and manner of hearings necessary to handle its higher volume of appeals in a timely manner and increases the time for the Board to provide appealing parties notice of the hearing from 5 to 10 days. Further, it changes the date that the Board of Assessment for Sussex County or its representatives must hear appeals and make additions, alterations, or corrections to assessments from February 15 through March 1 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 removes the requirement that the Board or representatives must sit in their offices during each secular day to hear such appeals. It provides that duplicate assessments may be in the form of a widely accepted electronic file format. It clarifies that when a board of assessment, Department or Office of Finance makes a supplemental assessment that does not alter, amend, or make a new one, it is treated like a general or annual assessment and the notice provisions required of an altered, amended, or new assessment do not apply. In all counties, it provides that any notices required to be given under Title 9, Chapter 83 may be sent by e-mail when the property owner has provided an electronic mail address for notice purposes. In all counties, it provides that each board of assessment or Department or Office of Finance shall publish notices of the place, and the website if made available electronically, where the annual and supplemental assessment roll may be inspected together with a notice of the time and place of the sittings to hear appeals. It changes the publication requirements for such notices in the case of Kent and Sussex Counties to one time in at least 2 newspapers and in the case of New Castle County to the newspaper with the highest general circulation. It clarifies the method for determining taxation value, frequency of assessments, and assessment rate for mobile homes by providing that Ad Valorem assessments for mobile homes shall be developed in the same manner as real property and be predicated on their market value and 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. In instances where the land is leased, the land upon which the mobile home is located shall be separately assessed and shall not include the value of the mobile home located thereon. It removes the provision that mobile homes be subject to a tax based on their value as rated in a nationally recognized appraisal guide and that a recognized guide be used to determine the assessed value on mobile homes. It removes the provision that for model homes not appearing in a guide, the board of assessors must contact a reputable mobile home dealer to determine value. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ASSESSMENT FUNCTIONS IN ALL COUNTY GOVERNMENTS.
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.  
SA 1 to HS 1 for HB 286PassedHansenThis 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. 
SB 318SignedHuxtableThis bill enables the Delaware Nutrient Management Commission to regulate the application of nutrients to turf by commercial nutrient handlers. The law excludes athletic fields, golf courses, and land used in the production for sale of sod or seed and only applies to commercial nutrient handlers who are paid to apply such nutrients. This bill decreases the threshold of serviced acreage for which commercial nutrient handlers would need a certification to apply nutrients to turf. Allowing the Commission to oversee such conduct will further ensure that Delaware’s waterways are continually improved and maintained to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Section 1 of the bill grants the Commission the authority to regulate the application of nutrients to turf and defines turf. Section 2 of the bill broadens the Commission’s pool of potential officers to any appointed member not just the five appointed by the Governor. Section 3 of the bill provides greater detail as to whom the Commission regulates regarding turf and when, as well as setting forth constraints as to when and how certain nutrients can be applied. The commission will reduce the threshold for regulated commercial nutrient handlers from 10 acres of service area to ¼ acre (10,890 sq ft). The definition of commercial nutrient handler is expanded. The requirement of a nutrient management plan is eliminated for areas falling within these newly established constraints. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 3, CHAPTER 22 OF THE DELAWARE CODE RELATING TO THE DELAWARE NUTRIENT MANAGEMENT COMMISSION.
SJR 8SignedHansenThis Joint Resolution designates August 31, 2024, as "International Overdose Awareness Day" in the State of Delaware and requires that in observance, the State flag be flown at half-staff at State facilities. By recognizing International Overdose Awareness Day, this Joint Resolution affirms the importance of overdose awareness, remembers those who have died from overdose, and acknowledges the grief suffered from losing a loved one to overdose.DESIGNATING AUGUST 31, 2024, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE AND REQUIRING THE STATE FLAG TO BE FLOWN AT HALF-STAFF IN OBSERVANCE.
SA 1 to HB 333PassedHansenThis amendment adds two additional legislative representatives to the Commission. 
SB 331SignedPooreThis Act revises §§ 4732 and 4733 of the Uniform Controlled Substances Act, Subchapter III, Chapter 47, Title 16 of the Delaware Code, pertaining to the regulation of the manufacture, distribution and dispensing of controlled substances. The revisions provide that out-of-state practitioners who wish to prescribe controlled substances in Delaware pursuant to a practice privilege, interstate compact license, telehealth registration, or military registration, must obtain a Delaware controlled substance registration. This Act will ensure that these out-of-state practitioners are subject to Delaware regulation with respect to prescribing controlled substances to Delaware patients.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
HCR 151PassedDorsey WalkerRecognizing the month of June as "Caribbean American Heritage Month" in the State of Delaware.RECOGNIZING JUNE AS “CARIBBEAN AMERICAN HERITAGE MONTH” IN THE STATE OF DELAWARE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 165 w/ HA 2CommitteeLynnThis bill codifies the prosecution’s obligation under Brady v. Maryland, a United State Supreme Court case, which requires the prosecution to provide evidence favorable to an accused. The purpose of this bill is to ensure the fairness and finality of criminal trials and guilty plea by requiring that the accused in every criminal case promptly receives all information and evidence favorable that is material to guilt or to punishment. The bill sets for what the prosecution must mandatorily disclose to the defense, which includes information relating to the credibility of a police officer and impeachment evidence of government witnesses such as favorable treatment of the witness’s criminal charges. The bill sets forth the process and timing of such disclosure and requires the prosecutor on the case to file a certificate of compliance with the Court. The bill provides a process by which the State can seek a protective order relating to the disclosure of information it must disclosure if the State can show that disclosure would create a substantial risk of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or embarrassment.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCOVERY IN CRIMINAL CASES.
SB 277SignedPooreUnder this bill, the Board of Massage and Bodywork may not issue initial certifications to practice as a certified massage technician for applications received after December 31, 2024. AN ACT TO AMEND CHAPTER 53, TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.
HA 1 to HB 330PassedBaumbachThis Amendment delays implementation of this Act by 1 year. 
HCR 143Passed HouseRamoneThis resolution calls on the General Assembly to encourage the Delaware medical community to educate the citizens of Delaware about the forced organ harvesting that occurs in China, in the event they decide to travel to China for an expedited transplant. CONDEMNING FORCED ORGAN HARVESTING PRACTICES IN THE PEOPLE’S REPUBLIC OF CHINA.
SB 313SignedTownsendSection 1. Section 1 of this Act amends § 122. New § 122(18) sets forth certain types of provisions that may be included in contracts between a corporation and its current or prospective stockholders or beneficial owners of its stock, even if those provisions are not set forth in, or referenced as a fact ascertainable in, the certificate of incorporation pursuant to § 141(a). The Court of Chancery recently observed that “[t]he expansive use of stockholder agreements suggests that greater statutory guidance may be beneficial[.]” West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, 2024 WL 747180 (Del. Ch. Feb. 23, 2024) at n.272. Accordingly, new § 122(18) specifically authorizes a corporation to enter into contracts with one or more of its stockholders or beneficial owners of its stock, for such minimum consideration as approved by its board of directors, and provides a non-exclusive list of contract provisions by which a corporation may agree to: a. restrict or prohibit future corporate actions specified in the contract; b. require the approval or consent of one or more persons or bodies (including the board of directors or one or more current or future directors, stockholders or beneficial owners of stock) before the corporation may take actions specified in the contract; and c. covenant that the corporation or one or more persons or bodies (including the board of directors or one or more current or future directors, stockholders or beneficial owners of stock) will take, or refrain from taking, future actions specified in the contract. New § 122(18) also provides that the corporation may be subject to the remedies available under applicable contract law, including in connection with any breach or attempted breach of the contract. Notwithstanding any choice of law provision in the contract, the reference in the last sentence of § 122(18) to the law “governing” the contract shall be deemed to refer to the laws of this State if and to the extent choice of law principles (such as the internal affairs doctrine) so require. New § 122(18) provides bright-line authorization for contractual provisions addressing the matters listed above, and therefore would provide for a different rule than the portion of the Moelis decision in which the Court held that contract provisions of this nature must be included in the certificate of incorporation to be valid. The Court in Moelis found that provisions in a stockholder agreement that required a stockholder’s approval before the corporation could take a number of actions constituted, in the aggregate, impermissible internal governance restrictions in violation of § 141(a), and therefore those approval rights should have been included in the certificate of incorporation to be valid. New § 122(18) also includes a proviso confirming that no provision of a contract shall be enforceable against the corporation to the extent such contract provision is contrary to the certificate of incorporation or would be contrary to the laws of this State (other than § 115 of Title 8) if included in the certificate of incorporation. The proviso excludes § 115, so that corporations may enter into contracts under § 122(18) with exclusive forum and arbitration provisions that do not select the courts of this State to adjudicate claims under the contracts. New § 122(18) also provides that, for purposes of applying the proviso, a restriction, prohibition or covenant in any such contract that relates to any specified action shall not be deemed contrary to Title 8 or the certificate of incorporation by reason of a provision of Title 8 or the certificate of incorporation that authorizes or empowers the board of directors (or any one or more directors) to take such action. For example, a general recitation in the certificate of incorporation of the default provisions of § 141(a) would not be sufficient to render inoperable the provisions of § 122(18) because such recitation merely authorizes the board of directors to manage, or direct the management of, the business and affairs of the corporation. In addition, other provisions of Title 8 or the certificate of incorporation that generally or specifically empower or authorize a board of directors to authorize or take any action would not prohibit a corporation from entering into a contract with current or prospective stockholders containing provisions (i) restricting or prohibiting the corporation from taking that action, (ii) requiring the approval or consent of one or more other persons or bodies before the corporation may take that action or (iii) agreeing that the corporation (or other persons or bodies) will take, or refrain from taking, that action. However, as explained in detail below, new § 122(18) would not preclude a provision in a corporation’s certificate of incorporation, in reliance on the provisions of §§ 102(b)(1), 102(b)(4) and 102(d), that limits the authority granted to the board of directors by § 122(18). Thus, to render inoperable the provisions of § 122(18), a certificate of incorporation could state the corporation lacks the power and authority to enter into the contracts authorized by § 122(18), or could state that the corporation lacks the power and authority to authorize specific contracts, or types of contracts, that would otherwise be authorized by § 122(18). The amendments do not impact certain other principles articulated in existing case law, including the following: 1) Amended § 122(5) clarifies that management contracts and other arrangements appointing or delegating authority to an officer or agent to act on behalf of the corporation continue to be subject to § 141(a) and the related common law addressing an over-delegation of duties and authority by a board of directors. See Grimes v. Donald, 673 A.2d 1207 (Del. 1996), Politan Capital Management LP v. Masimo Corporation, C.A. No. 2022-0948-NAC (Del. Ch. Feb. 3, 2023) (transcript); In re Bally’s Grand Derivative Litigation, 1997 WL 305803 (Del. Ch. June 4, 1997). 2) New § 122(18) does not authorize a corporation to enter into contracts with stockholders or beneficial owners of stock that impose remedies or other consequences against directors if they take, or fail to take, specified actions as required by the contract or that purport to bind the board of directors or individual directors as parties to the contract. Contracts that would impose such remedies or consequences on directors or that would bind directors as parties are subject to existing law. Abercrombie v. Davies, 123 A.2d 893 (Del. Ch. 1956); Chapin v. Benwood Foundation, Inc., 402 A.2d 1205 (Del. Ch. 1979). Instead, new § 122(18) authorizes contracts that impose remedies only against the corporation, including as a result of any failure by the corporation, its board of directors, or its current or future directors, stockholders or beneficial owners of stock, to take, or refrain from taking, actions specified in the contract. If an action addressed in a covenant by the corporation requires director or stockholder approval under Title 8, that approval must still be obtained in order to effect the action pursuant to Title 8. For example, the lack of stockholder approval of an action under Title 8 requiring such approval would render specific performance of the covenant unavailable. Moreover, as noted below, even the enforceability of a claim for money damages for breach of the covenant may be subject to equitable review, and related equitable limitations, if the making or performance of the contract constitutes a breach of fiduciary duty. 3) Amended § 122(18) authorizes only contracts with stockholders and beneficial owners of stock if the contracts are supported by consideration received by the corporation and if the minimum amount of that consideration is approved by the board of directors. Accord In re infoUSA, Inc. Shareholders Litigation, 953 A.2d 963 (Del. Ch. 2007) (“[A] board is empowered to make agreements with other actors in commerce, including its own shareholders”); Unisuper Ltd. v. News Corporation, 2005 WL 3529317 (Del. Ch. Dec. 20, 2005) (noting that a board policy could be enforceable if stockholders relied to their detriment on that policy by voting to redomicile the corporation in Delaware). Accordingly, new § 122(18) would not change the outcome in cases that invalidated bylaws, and other arrangements, where consideration had not been provided to the corporation and the provisions at issue conflicted with § 141(a) of Title 8. See e.g. Quickturn Design Systems, Inc. v. Shapiro, 721 A.2d 1281 (Del. 1998) (applying § 141(a) to invalidate a provision in a stockholder rights plan, which is a nominal agreement between a corporation and a rights agent in which the corporation does not receive consideration for distributing rights to its stockholders); Carmody v. Toll Brothers, Inc., 723 A.2d 1180 (Del. Ch. 1998) (testing a stockholder rights plan for compliance with §§ 141(a) and 141(d)); CA, Inc. v. AFSCME Employees Pension Plan, 953 A.2d 227 (Del. 2008) (holding that a bylaw amendment would violate § 141(a) if adopted by stockholders, in circumstances where no new consideration was provided to the corporation in connection with a vote on the bylaw amendment). 4) New § 122(18) does not relieve any directors, officers or stockholders of any fiduciary duties they owe to the corporation or its stockholders, including with respect to deciding to cause the corporation to enter into a contract with a stockholder or beneficial owner of stock and with respect to deciding whether to perform, or cause the corporation to perform, or to breach, the contract, whether in connection with their management of the corporation’s business and affairs in the ordinary course or their approval of extraordinary transactions, such as a sale of the corporation. New § 122(18) also does not affect the case law empowering a court to grant equitable relief in respect of a contract, such as when a contract is set aside because the counterparties thereto have aided and abetted a breach of fiduciary duty or when a court reviews director actions under an enhanced form of judicial scrutiny. See e.g. Paramount Communications Inc. v. QVC Network Inc., 637 A.2d 34 (Del. 1994); ACE Limited v. Capital Re Corporation, 747 A.2d 95 (Del. Ch. 1999). Instead, the amendments are intended to promote a policy of granting such relief based on the application of equitable principles, including equitable principles relating to fiduciary duties and public policy. Corporations may continue to rely upon § 122(13) to make contracts, including contracts containing the types of provisions addressed by § 122(18), with counterparties who are not contracting with the corporation in their capacities as current or prospective stockholders and beneficial owners of stock. An amendment to the opening clause of § 122 provides that a corporation is authorized to take any of the actions specified in § 122, whether or not such actions are provided in the certificate of incorporation. This amendment clarifies existing law, other than with respect to § 122(18). Accordingly, when a certificate of incorporation is silent with respect to the matters addressed by § 122, the powers in § 122 apply to the corporation. A corporation may limit these default powers if a limitation is provided for, or referenced as a fact ascertainable in, the certificate of incorporation, in accordance with §§ 102(b)(1), 102(b)(4) and 102(d). An amendment to § 122(6) clarifies that the adoption, amendment or repeal of bylaws must be effected in accordance with § 109 of Title 8. Section 2. Section 2 of this Act enacts a new § 147, which provides that whenever Chapter 1 of Title 8 expressly requires a board of directors to approve or take other action (such as making an advisability determination or a recommendation to stockholders) with respect to an agreement, instrument or document, the agreement, instrument or document may be approved in final form or substantially final form. The Delaware Court of Chancery recently considered competing interpretations of § 251 of Title 8 as to whether a board of directors must approve an agreement of merger on final or essentially final terms. Sjunde AP-Fonden v. Activision Blizzard, Inc., 2024 WL 863290 (Del. Ch. Feb. 29, 2024) (corrected March 19, 2024). New § 147 is intended to enable a board of directors to approve an agreement, instrument or document if, at the time of board approval, all of the material terms are either set forth in the agreement, instrument or document or are determinable through other information or materials presented to or known by the board. New § 147 also provides that if the board of directors has acted to approve or take other action with respect to an agreement, instrument or document that is required by Chapter 1 of Title 8 to be filed with the Secretary of State or referenced in any certificate so filed, the board may, after providing such approval or taking such action and before making such filing, ratify the agreement, instrument or document at any time before such filing is made, and such ratification will satisfy any requirement under the statute relating to the board’s authorization, whether in terms of the manner or sequence in which it is provided. Although new § 147 may be used to ratify an agreement, instrument or document after a stockholder vote or consent, it does not, of itself, enable the board to make changes to an agreement, instrument or document that is required by the statute to be adopted by stockholders after that stockholder vote or consent is obtained. (New § 147 does not affect the board’s ability to amend an agreement, instrument or document without further vote or consent of the stockholders in circumstances where such an amendment would otherwise be permitted, including, for example, any amendment to a merger agreement accomplished in accordance with § 251(d) that does not fall within one of the enumerated categories of amendments requiring an additional vote of stockholders.) The ratification provision is available as an option to provide greater certainty in circumstances where there may be a question as to whether the agreement, document or instrument as initially approved was in substantially final form. Although a board may elect to use § 147’s procedure to ratify an agreement, document or instrument that it had previously approved in substantially final form, no such ratification is required for the valid authorization of any such agreement, document or instrument. Ratification under § 147, where available, is an alternative to ratification under §§ 204 and 205 of Title 8. Accord Activision Blizzard, Inc., 2024 WL 863290, at *5-6 (indicating “Delaware law offers solutions for missteps” and referencing §§ 204 and 205). The ratification procedure available under § 147 is in addition to any ratification or validation that may be available under §§ 204 and 205 or under the common law. As with ratification or validation under §§ 204 and 205 or under the common law, ratification under § 147 relates back to the time of the original board approval. New § 147 is not intended to, and does not, exclude any equitable remedies, nor does it alter the fiduciary duties of directors in connection with approving, taking other action with respect to, or ratifying an agreement, instrument or document. Section 3. Section 3 of this Act amends § 232. New § 232(g) provides that a notice given to stockholders is deemed to include any document enclosed with, or appended or annexed to, the notice (such as a proxy statement provided along with a notice of a stockholder meeting to approve an agreement of merger). § 251 of Title 8 requires a corporation to include either a copy of an agreement of merger, or a brief summary thereof, in a notice of a stockholder meeting to adopt the merger agreement. There are similar requirements in other provisions of Title 8. The Court of Chancery recently observed that Title 8 could be amended to indicate how this statutory notice requirement relates to proxy materials that are given to stockholders. Sjunde AP-Fonden v. Activision Blizzard, Inc., 2024 WL 863290 (Del. Ch. Feb. 29, 2024) (corrected March 19, 2024) at n.55. Amended § 232 provides that information in any document enclosed with, or appended or annexed to, a notice is incorporated in the notice. However, a document is incorporated in a notice solely for purposes of satisfying the requirements of giving notice under Title 8, the certificate of incorporation or the bylaws. Accordingly, the enclosed, appended or annexed information is not intended to be deemed “per se” material to stockholders. Amended § 232 does not affect the equitable disclosure obligations of directors or officers (or, as applicable, stockholders) with respect to any corporate action as to which notice is given. Section 4. Section 4 of this Act amends § 261 of Title 8. The amendments to § 261 address two separate topics in §§ 261(a)(1) and 261(a)(2), respectively. New § 261(a)(1) clarifies that parties to an agreement of merger or consolidation may, through express provision in the agreement, specify the penalties or consequences of a party’s failure to perform its obligations under, or comply with the terms and conditions of, such agreement before the effective time of the merger, or to consummate the merger or consolidation contemplated by such agreement. Such penalties or consequences may include an obligation to make payments to the other party if the merger or consolidation is not consummated, including damages based on the lost premium that stockholders of a constituent corporation would be entitled to receive if the merger becomes effective in accordance with the terms of the agreement and reverse termination fees. New § 261(a) provides that in the event a corporation is entitled to so receive such payment, the corporation may enforce the other party’s payment obligation, and, upon receipt of any such payment, the corporation is entitled to retain the amount of any such payment. New § 261(a)(1) is being adopted in light of the Court of Chancery’s decision in Crispo v. Musk, 304 A.3d 567 (Del. Ch. 2023), to clarify the authority under Title 8 to include in an agreement of merger or consolidation provisions for penalties or consequences (including a requirement to pay lost premium damages) upon a party’s failure to perform or consummate the merger or consolidation, regardless of any otherwise applicable provisions of contract law, such as those addressing liquidated damages and unenforceable penalties. Consistent with the Delaware General Corporation Law’s role as an enabling statute, new § 261(a)(1) confirms that constituent corporations have latitude to allocate the risk of non-performance by provisions expressly set forth in agreements of merger or consolidation. New § 261(a)(1) is not intended to, and does not, exclude any remedies otherwise available to any party at law or in equity (including without limitation, specific performance), nor does it alter the fiduciary duties of directors in connection with determining whether to approve, perform or enforce any such provision, including any provision requiring a corporation to pay a termination fee or lost premium damages under certain circumstances. New § 261(a)(2) confirms that parties to an agreement of merger or consolidation may, through express provision in the agreement, appoint one or more persons to serve as the representative of stockholders of any constituent corporation, including stockholders whose shares shall be cancelled, converted or exchanged in the merger or consolidation, and to delegate to such person(s) the exclusive authority to enforce the rights of such stockholders, such as rights to receive payments and enforce stockholders’ rights under an escrow or indemnification arrangement, and to enter into settlements with respect thereto. Any such appointment of a representative of stockholders of a constituent corporation may be made effective as of, or at any time following, the time at which the agreement of merger or consolidation is adopted by stockholders in accordance with the requirements of this subchapter, and thereafter shall be binding on all stockholders of such constituent corporation. The merger and consolidation provisions of Subchapter IX of Chapter 1 of Title 8 have for decades included provisions allowing agreements of merger or consolidation to be made dependent on facts ascertainable outside of the agreement. See Aveta Inc. v. Cavallieri, 23 A.3d 157 (Del. Ch. 2010). The “facts ascertainable” provisions set forth in several sections of subchapter IX already provide a corporation broad authorization to include in an agreement of merger or consolidation one or more provisions making the consideration received by stockholders subject to any future determinations made by, or documents entered into in the future by, a stockholder representative. Id. It has become market practice, however, to refer to a stockholders’ representative appointed in an agreement of merger or consolidation as an agent of the stockholders of the constituent corporation whose shares are cancelled and converted in the merger into the right to receive cash or other property. Accordingly, new § 261(a)(2) is intended to provide express authorization for these representative provisions, confirming that a stockholders’ representative appointed pursuant to the terms of a merger agreement may be delegated powers, exercisable after the effectiveness of the merger, in addition to the power to make adjustments in respect of the nature or amount of merger consideration. These amendments should not be construed to limit the broad authority permitted under Title 8 and recognized in opinions of the Delaware courts, including Aveta, for constituent entities to make agreements or other instruments dependent on facts ascertainable outside of the agreement or instrument. The amendments to § 261(a)(2) do not allow for a provision of an agreement of merger or consolidation empowering a stockholders’ representative to exercise powers beyond those related to the enforcement of the rights of stockholders under the agreement. Thus, for example, the amendments would not empower a stockholders’ representative, acting solely pursuant to a provision adopted under new § 261(a)(2), to waive, compromise or settle, in the name of any stockholder, any rights to appraisal under § 262 or any direct claim for breach of fiduciary duty that such stockholder is entitled to assert following a merger or consolidation, or to consent, in the name of a stockholder, to restrictive covenants, such as a covenant not to compete or a non-solicitation covenant. The amendments do not, however, restrict any individual stockholder or group of stockholders from granting a stockholders’ representative or other agent any such power or any other delegable power, whether through execution of a joinder to the agreement of merger or consolidation, consent or support agreement or other instrument evidencing assent the grant of such power. Section 5. Section 5 of this Act adds a new § 268(a), which provides that if an agreement of merger (other than a holding company reorganization under § 251(g)) entered into pursuant to subchapter IX provides, with respect to a constituent corporation, that all of the shares of capital stock of the constituent corporation issued and outstanding immediately before the effective time of the merger are converted into or exchanged for cash, property, rights or securities (other than stock of the surviving corporation), then the merger agreement approved by the board need not include any provision relating to the certificate of incorporation of the surviving corporation, the board of directors or any person acting at its direction may approve any amendment or amendment and restatement of the certificate of the surviving corporation, and no alteration or change to the certificate of incorporation of the surviving corporation will be deemed to constitute an amendment to the merger agreement. New § 268(a) is being adopted in light of the Court of Chancery’s decision in in Sjunde AP-Fonden v. Activision Blizzard, Inc., 2024 WL 863290 (Del. Ch. Feb. 29, 2024)(corrected March 19, 2024), which involved a merger transaction in which the board of directors did not approve the certificate of incorporation for the corporation surviving the merger. Among other things, this amendment will provide flexibility to a buyer in a typical “reverse triangular merger” to adopt the terms of the certificate of incorporation of the corporation that, following the effectiveness of the merger, will be wholly owned and controlled by the buyer. Despite the additional statutory flexibility, a target corporation may insist, however, that the merger agreement expressly provide that the certificate of incorporation of the surviving corporation be adopted in a specified form or contain specified provision, such as those relating to indemnification and advancement of expenses of directors, officers and others. Section 5 of this Act also adds a new § 268(b), which provides that a disclosure letter or disclosure schedules or any similar documents or instruments delivered in connection with an agreement of merger or consolidation that modify, supplement, qualify, or make exceptions to representations, warranties, covenants or conditions in the agreement will not, unless otherwise expressly provided by the agreement of merger or consolidation, be deemed part of the agreement for purposes of the provisions of Title 8. New § 268(b) is being adopted to avoid any implication from the Court’s decision in Activision that, in order for an agreement of merger or consolidation to have been duly authorized, the board of directors must have approved final or substantially final disclosure schedules (or similar documents), or that the disclosure schedules (or similar documents) must be submitted to or adopted by the stockholders. The new section reflects the fact that disclosure schedules and similar documents frequently operate as extrinsic facts incorporated by reference into the agreement but are not themselves part of the agreement and, as such, may be negotiated and prepared by officers and agents at the direction of the board of directors without the need, as a statutory matter, for formal approval by the board of directors. New § 268 is not intended to, and does not, alter the fiduciary duties of directors with respect to the delegation of authority to approve the documents addressed by § 268 or the fiduciary duties of officers, as applicable, in exercising any such authority delegated to them or to inform the directors of material provisions, if any, in those documents in connection with a decision by the board of directors to approve an agreement of merger. Section 6. Section 6 of this Act provides that Sections 1 through 5 of this Act shall become effective on August 1, 2024, and shall apply to all contracts made by a corporation, all agreements, instruments or documents approved by the board of directors and all agreements of merger and consolidation entered into by a corporation, in each case whether or not the contracts, agreements, instruments, documents or agreements of merger or consolidation are made, approved or entered into on or before such date, except that Sections 1 through 6 of this Act shall not apply to or affect any civil action or proceeding completed or pending on or before such date. With respect to such suits and proceedings, the law predating the amendments will apply. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the general corporation law.AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
SS 2 for SB 278 w/ SA 1SignedPooreThis Act clarifies portions of Chapter 49 of Title 6 and Chapter 63 of Title 21 of the Delaware Code pertaining to motor vehicle dealers. These additions and modifications are intended to further improve our State’s franchise laws and ensure that Delaware consumers have a stable, reliable, convenient, and competitive retail network for automobile sales and service. This Act is an effort to continue to ensure that the relationship between dealers and the manufacturers and distributors is as fair and equitable as possible and provides the highest level of consumer protection. The Act includes the following provisions: Definitions. The Act amends § 4902 of Title 6 and clarifies the definitions of “motor vehicle” and “new motor vehicle” to reflect technological advances and changes in industry business practices in the state, and adds a definition of “electric motor vehicle”. The Act defines the new terms “sell,” "selling," "sold," "exchange," "retail sales," and "leases". Warranty and Predelivery Obligations to New Motor Vehicle Dealers. Dealers are required by contract to perform warranty work for manufacturers. The Act amends § 4903 of Title 6 in order to ensure that dealers are fairly paid for performing manufacturer-directed repairs related to warranty repairs, maintenance programs and recall work. Intrusive Audits. Dealers are required by existing law to wait up to 30 days for payment for motor vehicle warranty repairs in order to allow the manufacturer to review and approve payment submissions. Manufacturers are also allowed to later audit such repairs and payments. The Act affords manufacturers a full 6 months to audit warranty claims but will reasonably prevent intrusive and time-consuming audits after 180 days, unless the audit involves cases of alleged fraud. Franchise Termination Compensation. Under existing law, manufacturers must repurchase certain motor vehicles, parts and special tools in the event of the termination of the dealer’s franchise agreement. The Act amends § 4907 of Title 6 and specifies a 90-day timeframe for payment and clarifies that it is the manufacturer’s responsibility to cover the cost of returns. Return of Unnecessary Tools & Equipment. The Act allows a dealer a limited opportunity to return and be reimbursed for the cost of certain tools and equipment that were required as a part of an electric vehicle program or agreement between that dealer and the manufacturer, if the dealer determines within two years after receipt that such tools and equipment are unnecessary or that sales volume and utilization are low enough to prevent the dealer from realizing a reasonable return on those forced investments. Failure or Refusal of Manufacturer to Accept Returns. The Act amends § 4913 of Title 6 by providing that it violates Chapter 49 for a manufacturer to fail or refuse to accept the return or to fully reimburse a dealer for the cost of parts, tools, equipment, chargers and other infrastructure required under the franchise agreement, or as part of a program, policy, or other initiative related to the sale or service of electric motor vehicles. Sale & Subscription of Over-the-Air Features. The Act allows manufacturers to directly sell options, add-ons, features, improvements and upgrades by remote transmission to consumers, provided that the dealers are afforded an equal opportunity to sell the same products and services, and further provided that the manufacturer reasonably compensates the dealer for direct sales or subscriptions to the dealer’s customers for a specified period of time. Association Standing. The Act adds a new § 4920 to Title 6 on the subject of Association Standing. Franchise laws have been enacted in all 50 states to recognize compelling state interests in protecting consumers and in regulating the disparity in bargaining power between motor vehicle manufacturers and their franchised dealers. Because dealers have a single source for their new motor vehicles, parts and accessories, many are reluctant to raise a single voice to object to unlawful activity by their manufacturer. The Act grants statutory standing to a large association of dealers to bring a legal action, in very limited circumstances, to ensure compliance with applicable law. Licensing. The Act amends provisions of §§ 6301 and 6302 of Title 21 of the Delaware Code related to the Sale of Motor Vehicles. The Act adds definitions of “new motor vehicle,” “new motor vehicle dealer,” “used motor vehicle,” and “used motor vehicle dealer” to § 6301. Section 6302 is amended to provide that a manufacturer, importer, or distributor who was licensed as a motor vehicle dealer is not eligible to receive any additional licenses. The Act is supported by the Delaware Automobile and Truck Dealers’ Association, Inc.AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.
SCR 187PassedPooreThis resolution raises awareness of cerebral palsy and highlights the need for a statewide cerebral palsy registry in the State of Delaware.RECOGNIZING THE IMPORTANCE OF ESTABLISHING A STATEWIDE CEREBRAL PALSY REGISTRY.
SB 326SignedParadeeThis Act appropriates $168,362,517 to provide one-time funded projects through the Office of Management and Budget.AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2025 TO THE OFFICE OF MANAGEMENT AND BUDGET.
SB 325SignedParadeeThis Bill is the Fiscal Year 2025 Appropriations Act.AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2025; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
HA 1 to HB 439PassedPhillipsThis Amendment adds paragraph § 4603(d)(6) which provides "The rights provided under this subsection do not preclude a landlord’s consideration of any other factor not enumerated herein that is permissible under State or federal law."  
SCR 191PassedBucksonThis Senate Concurrent Resolution proclaims October 6, 2024, as “National Coaches Day” in the State of Delaware.PROCLAIMING OCTOBER 6, 2024, AS "NATIONAL COACHES DAY" IN THE STATE OF DELAWARE.
SCR 190PassedHockerThis Senate Concurrent Resolution recognizes November 2024 as "Autoimmune Disease Awareness Month" in the State of Delaware. RECOGNIZING NOVEMBER 2024 AS "AUTOIMMUNE DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.
SJR 9SignedParadeeThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2024.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2024.
SJR 10SignedParadeeThis Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2025.THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2025.
HA 2 to HB 439PassedPhillipsThis Amendment defines "housing status” as an individual, family, or youth’s current overnight residence regardless of permanence or habitability. 
HA 1 to HB 432PassedMinor-BrownThis Amendment adds a representative of Federally Qualified Health Centers, who is a resident of Sussex County, as a board member of DIMER. 
HA 1 to HB 411PassedBaumbachThis Amendment synchronizes the crimes and situations in which membership in a Delaware volunteer fire department must be denied or revoked with the crimes and situations in which an applicant for such membership would be prohibited from serving. It also permits the Commission to receive automatic notifications from SBI under the rapback program. 
HA 2 to HB 165PassedLynnThis technical amendment harmonizes a provision of this bill with provisions of House Substitute No. 1 for House Bill No. 205, which was enacted in 2023. 

Senate Committee Assignments

Committee
Elections & Government Affairs
Executive
Health & Social Services
Judiciary

House Committee Assignments

Committee
Administration
Agriculture
Appropriations
Economic Development/Banking/Insurance & Commerce
Health & Human Development
Housing
Transportation

Senate Committee Report

Committee
Environment, Energy & Transportation
Executive

House Committee Report

Committee
Administration
Appropriations
Education
Judiciary
Public Safety & Homeland Security

Senate Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 140 w/ HA 1VetoedBaumbachThis Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act uses terms and definitions that are consistent with other Delaware laws in Title 16, specifically Chapter 25 (regarding advance health-care directives) and Chapter 25A (regarding Delaware Medical Orders for Scope of Treatment). This Act provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. A mental illness or mental health condition is not a qualifying condition under this Act and a mental illness or mental health condition may be the reason that an individual does not have decision-making capacity and is thus, ineligible for medication to end their life in a humane and dignified manner. 3. Both the individual's attending physician or attending APRN and a consulting physician or consulting APRN must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician or attending APRN must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, palliative care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians or APRNs are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician or attending APRN must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician or attending APRN may prescribe the medication to end life. 9. The attending physician or attending APRN must provide the qualified patient with instructions about the proper safe-keeping and disposal of unused medication to end life in a humane and dignified manner under applicable state or federal guidelines. The United States Food and Drug Administration guidelines include using a medication collection site or a medication disposal pouch, that deactivates and renders drugs ineffective. 10. An insurer or health-care provider may not deny or alter health-care benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 11. A health-care institution may prohibit a physician or APRN from prescribing medication under this Act on the health-care institution's premises and a physician or APRN may to refuse to prescribe medication under this Act. 12. A request or prescription for or the dispensing of medication under this Act does not constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia. 13. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 14. The Department of Health and Social Services (DHSS) must develop rules and regulations to collect information regarding compliance with this Act and require health-care providers to file a report when medication to end life in a humane and dignified manner is prescribed or dispensed. DHSS may review samples of records maintained under this Act. The information DHSS collects must include the information necessary to assess a physician's or APRN's compliance with their responsibilities under this Act and DHSS has explicit authority to share information with the Division of Professional Regulation if DHSS suspects that a health-care provider failed to comply with the requirements under this Act. 15. DHSS must complete an annual statistical report of information collected under this Act, similar to public reports available in other states such as New Jersey where this end of life option is available. This report has the following purposes: • To assist the DHSS in its oversight responsibilities for this Act. • To assist the public in learning how well this new law is operating. 16. The Department of State may also promulgate regulations or develop forms and protocols necessary under this Act. 17. Allows the Office of Controlled Substances to provide reports of data in the prescription monitoring program to DHSS to assess compliance with this Act. This Act takes effect when final regulations required under this Act have been promulgated or July 1, 2024, whichever occurs earlier. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO END OF LIFE OPTIONS.

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Abbott, Scott E.ConfirmedMember, Professional Standards BoardNew
Albence, Anthony J.ConfirmedState Election CommissionerReappointment
Bunting, Susan S.ConfirmedMember, Public Integrity CommissionNew
Collins, James L.ConfirmedCommissioner, Delaware River and Bay AuthorityNew
Emerson, Lisa K.ConfirmedJustice of the Peace in and for New Castle CountyNew
Holmes, Candace E.ConfirmedCommissioner of the Family Court in and for Kent CountyNew
Johnson, Saundra RossConfirmedMember, Family and Medical Leave Insurance Appeal BoardNew
Massey, Lydia E.ConfirmedMember, Unemployment Insurance Appeal BoardNew
Moore, Rourke A.ConfirmedMember, Industrial Accident BoardNew
Pedersen, Thomas A,ConfirmedJudge of the Court of Common Pleas in and for Sussex CountyNew
Schiewe, Robert G.ConfirmedAdministrator of Racing for the Harness Racing CommissionNew
Welch, Amber D.ConfirmedJustice of the Peace in and for Sussex CountyNew
Wyatt, Betty A.ConfirmedMember, Professional Standards BoardNew