| HB 204 w/ HA 1 + SA 1 | Passed | K. Johnson | This bill grants authority to the Department of Health and Social Services (DHSS) to adopt regulations related to the operation of temporary staffing agencies that staff temporary nurses and other staff positions in long-term care facilities in the State and assigns oversight within DHSS to the Division of Health Care Quality. The bill requires temporary staffing agencies to (1) register annually with the Division of Health Care Quality; (2) validate the qualifications of all provided staff provided; (3) maintain records of all provided staff’s credentials, job requirements, and required immunizations; and (4) provide all such records upon request to DHSS and to the long-term care facility where the employee is placed. The bill also requires temporary staffing agencies to report annually to DHSS regarding various factors, including its employee placements, costs charged to long-term care facilities, and wages paid to temporary staff.
This bill is intended to replace HB199. | AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO TEMPORARY STAFFING AGENCIES SERVING LONG-TERM CARE FACILITIES. |
| SB 197 w/ SA 1 | Passed | Hansen | This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter 69 of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas. Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies.
This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes:
1. Land purchased and managed as an historic property.
2. An appropriate habitat for zoo animals.
3. Agriculture.
4. Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road.
5. Botanical gardens.
6. Ecological research.
7. Flowering annuals within landscape beds.
8. With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture: wildlife plantings, land where a native species cannot thrive, and when necessary for trees.
This Act also makes the Delaware Native Species Commission permanent. | AN ACT TO AMEND CHAPTER 256, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 29 OF THE DELAWARE CODE RELATING TO NATIVE PLANTS. |
| SB 203 | Passed | S. McBride | Senate Bill 67, from the first session of the 152nd General Assembly, updated the crime of official misconduct. Senate Bill 67 intended to change the penalty for official misconduct from a class A misdemeanor to a graded system, where the penalty is commensurate to the gravity of the misconduct. This Act makes the following modifications to ensure legislative intent is achieved:
(1) The original penalty in § 1211 was not stricken by SB 67. Therefore, it remains in Code as an impermissible floating paragraph under paragraph (a)(5) of § 1211. Despite the addition of the new graded penalty system in SB 67, the floating paragraph states that official misconduct is punishable as a class A misdemeanor. This Act deletes the floating paragraph so that § 1211 is correctly interpreted as imposing a graded penalty system.
(2) Paragraph (b)(3) of § 1211 adds “but less than $50,000.” to the end of the description of what constitutes a class F felony. Otherwise, there would be overlap between what dollar amount of harm caused or value received constitutes a class F felony, a class D felony, and a class B felony.
(3) Restructures subsection (b) by adding introductory language to clarify when enhanced sentences apply.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFICIAL MISCONDUCT. |
| HB 297 w/ HA 1 | LOT | Shupe | Due to the rapidly increasing costs of materials and labor, combined with the frequency in which developers have gone out of business or otherwise been unable to complete work required within developments, this Act increases the funding required to be secured by a developer to ensure the developer fulfills the developer's obligations to construct and complete improvements within a subdivision.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE CONSTRUCTION AND ACCEPTANCE OF NEW ROADS AND STREETS FOR STATE MAINTENANCE. |
| SB 233 w/ SA 1 | Passed | Walsh | This Act establishes employment protections for certain service employees during changes of ownership by requiring all of the following:
1. Notice to affected service employees at covered locations at least 15 days before a service contract is terminated, services are contracted out, or the property where they are employed is sold or transferred. This notice must state the event triggering the notice, information about the new awardee, purchaser, or transferee, and the service employee’s rights under this Act.
2. The successor employer must retain all affected service employees at a covered location for a 90-day transition period. The successor employer may not reduce any affected service employee's work hours in order to circumvent the protections under this Act and requires that a successor employer give an affected service employee a written offer of employment in English, Spanish, and in any language that is the first language spoken by at least 5% of the affected service employees.
3. Copies of the required notice and offer of employment must also be sent to the employee's collective bargaining representative, if any.
This Act applies as follows:
1. To contractors who enter into a service contract for a covered location, if the contractor employs more than 4 service employees anywhere in the United States.
2. To service employees at covered locations. "Service employees" are individuals employed or assigned to a covered location on a full or part-time basis for at least 60 days in connection with the care or maintenance of a building or property, specific services at an airport, or food preparation services at a school that is an agency under § 6902 of Title 29. Service employees do not include managerial or professional employees, employees regularly scheduled to work less than 16 hours per week, or individuals who work on structural, electric, HVAC, or plumbing projects that require a permit.
3. To service contracts at the following locations:
• A multi-family residential building with more than 50 units.
• A commercial center, commercial or office complex, or office building occupying more than 100,000 square feet.
• A cultural center or complex, including museums, convention centers, arenas, or performance halls.
• An industrial site.
• A pharmaceutical lab.
• An airport or train station.
• A health care facility that provides long-term, acute, or outpatient health-care services as these services are defined in § 7971 of Title 29.
• A warehouse or distribution center.
• A building operated by a State agency subject to the procurement requirements under Chapter 69 of Title 29.
A successor employer may only retain fewer than all of the affected service employees during the transition period if the successor employer:
1. Finds that fewer service employees are required to perform the work than the predecessor employer had employed.
2. Retains service employees by seniority within each job classification.
3. Maintains a preferential hiring list of those service employees not retained.
4. Hires any additional service employees from the preferential hiring list, in order of seniority, until all affected service employees have been offered employment.
A service employee who has been discharged or otherwise not retained in violation of the requirements under this Act may bring an action against a successor employer or an awarding authority and these violations are subject to punitive damages as follows:
1. For a first violation, an amount not exceeding $2,500.
2. For a second or subsequent violation, an amount not exceeding $5,000.
3. Each work week during which there is a day when a violation occurs constitutes a separate violation.
4. A court may also order back pay, compensatory damages, issue injunctive relief requiring that the successor employer comply with requirements under this Act, and award the service employee reasonable attorney fees and costs.
This Act takes effect 90 days after enactment and applies to all contracts entered into or renewed after its enactment into law and is known as “The Service Worker Protection Act”. | AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE SERVICE WORKER PROTECTION ACT. |
| SB 249 | Passed | Mantzavinos | This bill amends Chapter 69 of Title 18 relating to captive insurance to provide the Commissioner with additional flexibility to approve those types of financial institutions that would be authorized to hold required capital and surplus of captive insurance companies. This change would recognize the current financial environment and practices of financial institutions and captive insurers. Assets can be safely held in financial institutions other than banks and do not need to be held in Delaware in many circumstances where the type of risk does not require it, and the Commissioner will be authorized to impose additional conditions on captives related to capital and surplus to ensure the solvency and efficient operations of captives. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE. |
| SB 256 w/ SA 1 | Passed | Gay | This Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states.
This Act also strikes outdated language in the Consumer Fraud Act requiring cases to be filed in specific counties, as the Superior Court and the Court of Chancery have both eliminated their historical county filing requirement.
Additionally, this Act fixes inconsistencies with the Summary Cease and Desist Order process, by clarifying that an alleged violator must request a hearing in order to trigger the Division of Consumer Protection’s obligation to hold a hearing. This Act further clarifies the Summary Cease and Desist Order process, such as by making explicit the alleged violator’s right to postpone a hearing and final order, changing the various 10 day requirements to 15 business days, and removing the requirement for a complaint to accompany the original summary cease and desist order. | AN ACT TO AMEND TITLES 6 AND 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION. |
| SB 251 w/ SA 1 | Passed | Hansen | The Board of Trustees of the Delaware Institute of Veterinary Medical Education (“DIVME”) was established in 1975 with a stated purpose of creating opportunities for Delaware residents to obtain veterinary training and strengthening factors that would encourage them to return to practice in Delaware. DIVME’s statute has had only 2 minor updates since 1975, with the last update in 1993.
This Act revamps the board and the DIVME program to meet modern veterinary medical needs in Delaware. Among the changes are:
- Renaming DIVME to the “Delaware Veterinary Medicine Education Advisory Council,” more accurately reflecting the group’s purpose.
- Providing that the Advisory Council will work with both the Department of Education and the Department of Agriculture to establish a robust program that assists Delaware students interested in practicing veterinary medicine, encourages the students to return to Delaware to practice, and develops programs of education and training in veterinary medicine-related fields and research.
- Updating membership of the Advisory Council to better represent the many areas that veterinary medicine impacts Delaware. Several members are added, including the Department of Agriculture, the Office of Animal Welfare, and the Delaware Farm Bureau.
- Better defining the Advisory Council’s purpose and duties to empower the Advisory Council to better understand what the needs are in Delaware and develop and recommend methods to promote awareness of educational assistance and opportunities to return to Delaware to practice veterinary medicine.
This Act reflects the work of several interested parties to achieve a renewed and reenergized Advisory Council, including the Department of Education, the Department of Agriculture, the Delaware Farm Bureau, the Office of Animal Welfare, the Delaware Veterinary Medical Association, and local animal shelters. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE OF VETERINARY MEDICAL EDUCATION AND THE DELAWARE VETERINARIAN MEDICINE EDUCATION ADVISORY COUNCIL. |
| SB 261 | Passed | Townsend | This Act amends Delaware Code provisions which govern the Delaware Health Facilities Authority (DFHA).
The changes to Sections 9203(6) and 9205 confirm that the DHFA’s purpose and authority is to finance projects in the State of Delaware and not elsewhere.
The change to Section 9204(a) confirms that appointed members of the DHFA “hold over” following the expiration of their terms until their successors have been appointed and accepted appointment, addressing a practical issue that has arisen previously.
The change to Section 9204(b) cures an arguable ambiguity, clarifying that appointed members of the DHFA also may hold positions as DHFA officers.
The change to Section 9208 corrects a minor technical error.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH FACILITIES AUTHORITY. |
| SB 275 w/ SA 1 | Passed | Townsend | The purpose of this Act is to combat aggressive driving and dangerous speed differentials on targeted roadways. This Act prohibits vehicles from traveling in the left lane on the portions of State Route 1 or Interstate 495 that are an express highway, as defined in § 101 of Title 17, or a controlled access facility, as defined in § 172 of Title 17, except in any of the following circumstances:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle.
(2) When necessary to enter, leave, or continue on the roadway.
(3) When necessary due to an obstruction.
(4) When necessary in response to emergency conditions.
(5) When necessary due to traffic conditions or congestion.
(6) To comply with other law or regulation.
In addition to being prohibited from traveling in the left lane, a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds is further restricted to traveling only in the right-hand lane except in the same circumstances as when a vehicle may travel in the left lane.
An operator who refuses, fails, or neglects to comply with § 4114A is subject to a civil penalty as follows:
(1) For a first occurrence, a civil penalty of not less than $25 nor more than $75.
(2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.
| AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING ON A ROADWAY. |
| SB 279 | Passed | Walsh | Section 2306 of Title 14 requires that when a new school is constructed or a major renovation is undertaken, the construction or renovation must include certain safety features, including a secured vestibule and the installation of "ballistic resistant glass or other ballistic resistant materials" in certain areas of the school.
This Act adds that ballistic resistant film may be used in addition to ballistic resistant glass. This Act also removes “or other ballistic resistant materials” because it was being interpreted to require ballistic resistant desks and other features that may not improve safety outcomes.
This Act also changes the review process for existing schools undergoing a major renovation. Ensuring existing schools are able to comply with the safety requirements in § 2306 can require expensive changes that are not necessarily clear from the outset. This Act requires that the school district and the Department of Safety and Homeland Security engage in the review under § 6307A of Title 29 before a certificate of necessity is submitted. This will ensure the safety requirements under § 2306 are met and allow school districts to have a better idea of how much money is needed to successfully complete the project without having to later reallocate funds from another source. The timing requirement added by this Act in § 6307A of Title 29 does not apply to a school undergoing a major renovation if the certificate of necessity was submitted before the date of this Act’s enactment into law.
This Act specifies that if there is disagreement about a construction plan’s compliance with school safety requirements after the review under § 6307A of Title 29, then the school district may request an additional review be conducted by the Secretary of the Department of Safety and Homeland Security. The Secretary shall review the construction plans and make the final determination about the construction plan’s compliance.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SCHOOL SAFETY. |
| SB 287 | Passed | Sturgeon | This Act clarifies the Auditor of Account’s duties and powers by amending § 2901 of Title 29 to define “audit” to include performance audits, and by amending §§ 2906 and 2909 of Title 29 to change "postaudit" to "audit." This Act also clarifies that audits must be conducted using standards issued by the U.S. Government Accountability Office.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE AUDITOR OF ACCOUNTS. |
| SB 292 w/ HA 2 | Passed | Sturgeon | This Act updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and improve information sharing between educational institutions and programs operating in this State, including local postsecondary institutions and programs and local education agencies, and the Department of Education (“Department”). Specifically, the Act does the following:
(1) Provides that educational records of students, and personally identifiable information contained therein, may only be disclosed or redisclosed in accordance with FERPA and its implementing regulations.
(2) Allows local education agencies and educational institutions and programs who outsource their data exchange and compliance with reporting requirements to the Department to consider the Department a school official as defined by FERPA regulations. This allows educational institutions and programs to disclose to the Department, without parental consent, information necessary for federal and state reporting when there is a legitimate educational interest.
(3) Gives the Department authority to redisclose educational records for the purposes of ensuring the effectiveness of publicly funded programs and improving educational outcomes for students. Like initial disclosures, redisclosures must comply with FERPA and its implementing regulations.
The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF PUPILS' SCHOOL RECORDS. |
| SB 297 | Passed | Townsend | This Act acknowledges the importance of diversity and inclusivity in education by requiring the Department of Education to update content standards and regulations using a non-exhaustive list of racial, ethnic, and cultural groups. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DIVERSITY AND INCLUSIVITY IN EDUCATION. |
| SB 286 | Passed | Sturgeon | This Act codifies the Delaware Hispanic Commission (“Commission”). The Commission was created by former Governor Jack Markell in Executive Order Number 28 to combine and streamline the duties of the former Governor’s Council on Hispanic Affairs and the former Governor’s Consortium on Hispanic Affairs. Under the executive order, the Commission’s duty is to advise the Governor, the Governor’s Cabinet, and members of the General Assembly on matters that are important to people of Hispanic descent in Delaware.
Under this Act, the Commission will perform the same duties it has since its creation by the Governor. Codifying the Commission will create equity with other heritage commissions created under Title 29. Codifying the Commission will also help the Commission to perform its duties by creating long-term stability, allowing the Commission’s members to be appointed by a variety of stakeholders, and giving the Commission guidance from the Delaware Department of State.
Under this Act, the Commission keeps all current members through June 30, 2028, and the Commission membership consists of the Governor’s appointees who serve at the Governor’s pleasure. All Commission officers who are currently serving will remain in office through June 30, 2028. After June 30, 2028, 17 members will be appointed to the Commission according to § 4502 of Title 29, and a chair and vice chair will be elected according to § 4502 of Title 29. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE HISPANIC COMMISSION. |
| SB 302 | Passed | Wilson | This Act allows a licensed brewery-pub located within the premises of a public golf courses to apply to the Commissioner for a license to sell alcoholic beverages to patrons of the golf course if the brewery-pub and public golf course share common ownership. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO BREWERY-PUBS. |
| SB 305 w/ SA 1 | Passed | Sturgeon | This Act streamlines and modernizes the State Early Childhood Education Program in § 3001 of Title 14, also referred to as State-funded early care and education, as follows:
(1) Adds definitions.
(2) Provides the Department of Education (Department) with a general grant of authority to provide early childhood educational services.
(3) Subject to available appropriations, § 3001(c) of this Act requires the Department to provide free, full-day early childhood educational services for preschool-age children who satisfy eligibility requirements developed by the Department. This provision incorporates elements of epilogue language from the FY 2024 Annual Appropriation Act regarding the Redding Consortium and the Early Childhood Assistance Program (ECAP).
(4) Allows for common standards and processes across programs.
(5) Requires the early childhood educational services under § 3001(c) to align with quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration.
(6) Aligns the length of contracts with the Head Start program, while clarifying that contracts under this section must comply with State procurement standards under Chapter 69 of Title 29.
(7) Updates the Code to reflect that the Department uses a quality improvement system instead of Delaware Stars for Early Success.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and for clarity.
| AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION. |
| SB 306 w/ SA 1, SA 2 | Passed | Poore | This Act makes technical changes and updates to the Delaware workplace safety program. Under current law, qualifying employers who pay $3,161 or more in annual workers' compensation premiums may be eligible for lower insurance premiums under the workplace safety program. The Act changes that criteria to employers who currently qualify for the uniform experience rating plan as approved by the Insurance Commissioner or who otherwise qualify for the program pursuant to parameters set by the Insurance Commissioner by regulation. In addition, the Act provides that in determining safety credits for a qualified employer that was not experience-rated in the policy period expiring immediately prior to application of the safety credit, the formula for calculating safety credits will incorporate amounts determined by the Insurance Commissioner by regulation. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKPLACE SAFETY PROGRAM. |
| SB 311 w/ HA 1 | Passed House | Sokola | This bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14 and provides the ability for charter schools to hire the administrators that they deem beneficial to the success of the school’s education program and the needs of students and staff. To that end, the bill defines “Instructional Administrator” and “Non-instructional Administrator” at a charter school. The bill clarifies that all Instructional Administrators at charter schools must be licensed and certified as administrators while Non-instructional Administrators do not. The bill also exempts the charter school administrator who reports directly to the Charter Board of Directors from the licensure and certification requirement and allows a charter school to request permission from the charter authorizer to hire an additional unlicensed and uncertified administrator.
Section 2 requires that the Professional Standards Board work with the Delaware Charter Schools Network and the Department of Education to provide for any regulatory changes necessary to implement the legislation.
| AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION. |
| HB 417 | LOT | Dukes | Survivors of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations, shall be permitted to file those claims in the Superior Court of this State at any time. This is intended to apply retroactively. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR CIVIL CLAIMS BASED ON SEXUAL ABUSE OF A MINOR. |
| SCR 173 | Passed | Buckson | This Concurrent Resolution designates September 15-21, 2024, as "Adult Education and Family Literacy Week" in the State of Delaware. | DESIGNATING SEPTEMBER 15-21, 2024, AS "ADULT EDUCATION AND FAMILY LITERACY WEEK' IN THE STATE OF DELAWARE. |
| SB 320 | Passed | Huxtable | This Act creates a new license category of speech/language pathology assistant that is licensed and regulated by the Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers. This addition is needed to address the shortage of speech/language pathology services in the State, particularly in public schools. The speech/language pathology assistant must practice under the supervision of a licensed speech/language pathologist. The parameters of that supervision will be specified in rules and regulations. A speech/language pathology assistant will be able to support and supplement the services provided by the supervising speech/language pathologist subject to the limits of the permissible scope of practice. This Act specifies that to qualify for licensure, the speech/language pathology assistant must hold certification issued by the American Speech-Language-Hearing Association (ASHA). The requirements for that certification include education, clinical experience, and successful completion of an examination. The applicant must also meet this State’s requirements as set forth in this Act. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS, AND HEARING AID DISPENSERS. |
| HS 1 for HB 247 w/ SA 1 | Passed | Osienski | There were 139 traffic fatalities in Delaware in 2021, the highest number of traffic fatalities since 2006. Senate Concurrent Resolution 94 of the 151st Delaware General Assembly set a goal of no more than 100 traffic fatalities per year and tasked state agencies to meet that goal by 2025. Instead of moving towards meeting the General Assembly’s goal, however, traffic fatalities increased to 165 in 2022, deepening the crisis on Delaware’s roads. To reverse this situation, the “Everyone Gets Home Act” makes changes to the Delaware Code to sharpen the Department of Transportation’s focus on the three most common types of fatal crashes: intersection (including driveway); roadway departure; and mid-block pedestrian. This Act clarifies the Department’s authority to designate controlled-access facilities as a safety countermeasure for both intersection and midblock pedestrian crashes and, when the facility designation has received the consent of county government, requires counties to use their own authority to assist the Department in consolidating vehicle entrances and exits to and from the facility. In addition, this Act authorizes the Department to designate roadways as low-speed streets and low-speed local roads in order to address fatal roadway departure crashes related to vehicle speed, and permits counties to request such designations to meet their own traffic safety goals. Finally, this Act expands the Department’s discretion to deploy new traffic-control devices in order to reduce fatal crashes.
This Substitute Bill differs from HB 247 in that it does the following:
(1) Clarifies that designated low-speed local streets and roads must be designed and operated with a Safe System Approach, as adopted by the United States Department of Transportation.
(2) Includes “implementing corridor access management” as a safety countermeasure on designated low-speed local streets or roads.
(3) Requires the Department to receive approval from the local law-enforcement agency with jurisdiction over a road before the Department designates such road a low-speed local street or road pursuant to a county or municipal government request.
(4) Clarifies that the Department has discretion to adopt various standards for traffic-control devices or applications, even if they are different from uniform state standards, so long as they reduce fatal or serious injuries or are in accordance with a Safe System Approach.
(5) Authorizes the Department to acquire property rights along highways to consolidate commercial entrances or to create new commercial interconnections when the Department determines such consolidation or interconnection would likely improve safety.
(6) Removes Section 1 from the bill, which required counties to withhold permits for buildings abutting a controlled-access facility if necessary to obtain consent for vehicle access to and from adjacent properties.
(7) Removes language that defined “full” and “partial” controlled-access facilities, and removes these terms from the rest of the bill.
(8) Removes Section 7 of the bill that authorized the Department to designate and establish partial or full controlled-access facilities in any unincorporated area where there is a high incidence of fatal crashes related to the presence of highway entrances or exits.
(9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLES 9 AND 17 OF THE DELAWARE CODE RELATING TO TRAFFIC SAFETY. |
| HS 1 for HB 387 | LOT | Dorsey Walker | This Act is the result of a successful pilot project involving disadvantaged business enterprises in State contracts. In 2023, Section 189 of Senate Bill No. 35, as amended by Senate Amendment No. 2, authorized the Office of Management and Budget (OMB) to engage in a pilot program to include Disadvantaged Business Enterprises (DBE) as part of large public works projects. If an agency elects to award based on best value, this Act allows for projects, valued in excess of $30,000,000, to be scored using DBE usage of at least 10% but no more than 30%. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This House Substitute Bill for House Bill No.387 clarifies that some or all of the objective criteria shall be assigned a specified weight in determining best value. This House Substitute bill also amends the Synopsis. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISADVANTAGED BUSINESS ENTERPRISES IN THE STATE PROCUREMENT SYSTEM. |
| SCR 188 | Passed | Gay | This 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. |
| SCR 195 | Passed | Hocker | This Senate Concurrent Resolution proclaims the month of October 2024 as “Depression Awareness Month” in the State of Delaware. | PROCLAIMING THE MONTH OF OCTOBER 2024 AS "DEPRESSION AWARENESS MONTH" IN THE STATE OF DELAWARE. |
| SCR 196 | Passed | Pettyjohn | This Senate Concurrent Resolution recognizes July 18, 2024, as the 50th anniversary of the Victims’ Compensation Assistance Program in the State of Delaware. | RECOGNIZING JULY 18, 2024, AS THE 50TH ANNIVERSARY OF THE VICTIMS' COMPENSATION ASSISTANCE PROGRAM. |
| SCR 198 | Passed | Mantzavinos | This resolution recognizes June 2024, as Alzheimer's and Brain Awareness Month and urges all Delawareans to wear purple to help spread awareness of Alzheimer's and all other dementias.
| RECOGNIZING JUNE 2024, AS "ALZHEIMER’S AND BRAIN AWARENESS MONTH" IN THE STATE OF DELAWARE. |
| HS 1 for HB 389 | LOT | Bush | This Substitute for House Bill No. 389, like House Bill No. 389, provides for an annual raffle license that will allow a licensee to hold up to 20 raffle events each year, requires the licensee to notify the Board at least 7 days prior to a raffle event, and requires a report to the Board after a raffle is conducted.
This Substitute differs from House Bill No. 389 as follows:
-It corrects the vote requirement. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
-It changes the annual raffle license fee from $100 to $300.
-It adds a requirement that the report to the Board following the conclusion of a raffle must include all of the information required in a report after a game under section 1521 of Title 28.
-It clarifies that the number of days in which a report after a game must be filed with the Board is increased from 30 to 60 if the game in question is a raffle event conducted by the holder of an annual raffle license.
-It makes technical changes to conform with the standards of the Delaware Legislative Drafting Manual.
-It specifies that the Act takes effect 6 months after its enactment into law. | AN ACT TO AMEND TITLE 28 OF THE DELAWARE CODE RELATING TO CHARITABLE GAMING. |
| SCR 199 | Passed | S. McBride | This resolution designates October 9-16, 2024, as “Dyspraxia Awareness Week" in the State of Delaware, affirming the importance of widespread awareness and support for individuals with dyspraxia, and encouraging expanded efforts to foster a culture of inclusivity and understanding in Delaware. | DESIGNATING OCTOBER 9-16, 2024, AS “DYSPRAXIA AWARENESS WEEK” IN THE STATE OF DELAWARE. |
| HA 1 to SB 311 | Passed | Schwartzkopf | This Synopsis makes technical corrections by deleting the reference to repealed paragraphs in this section and correcting a referenced Code title. | |
| HA 2 to SB 292 | Passed | K. Williams | Senate Bill No. 292 updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”) and improve information sharing between institutions and programs operating in the State, including local postsecondary institutions and local education agencies, and the Department of Education.
This Amendment does the following:
(1) Conforms Senate Bill No. 292 with existing law relating to the right of students with disabilities and their parents to obtain copies of educational records upon request.
(2) Corrects a technical strikethrough and underlining error. | |
| HA 1 to HB 297 | Passed | Shupe | This Amendment does all of the following:
(1) Clarifies that the road or street is intended to be dedicated to this State for public use.
(2) Increases the bond, certified check, letter of credit, or other form of security acceptable to the Department that is required to be posted to 150% and limits that bond, certified check, letter of credit, or other form of security acceptable to the Department to the costs associated with applying top coat to a road or street.
(3) Requires the bond, certified check, letter of credit, or other form of security acceptable to the Department to be reassessed and reposted by the developer if top coat is not underway 7 years from the date the security is posted with the Department, and then requires the same reassessment and reposting every 5 years until the developer complies with the written agreement entered into under this Act.
(4) Requires the Department, on dedication of the right-of-way to the public use and satisfactory completion of the road or street construction, to release to the developer the bond, certified check, letter of credit, or other security acceptable to the Department posted by the developer under this Act.
(5) Makes a technical correction to line 25. | |
