Daily Report for 6/27/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 164PassedJones Giltner This Resolution recognizes June 2024 as “Post-Traumatic Stress Injury Month” and June 27, 2024, as “Post-Traumatic Stress Injury Day”, and encourages citizens of the state to continue their work educating victims of assault or abuse, combat, serious accidents, and natural disasters about the causes, symptoms, and treatment of PTSI.RECOGNIZING JUNE 2024 AS "POST-TRAUMATIC STRESS INJURY MONTH" AND JUNE 27, 2024 AS "POST-TRAUMATIC STRESS INJURY DAY".
HR 32Passed HouseHilovskyThis resolution urges the Department of Human Resources / Division of Statewide Benefits and Insurance Coverage, to collaborate with a health system partner to work with a technology partner to deliver focused and targeted care protocols to a measurable cohort of the State Employee Group Health Insurance Plan to proactively address the growing problem Diabetes and metabolic syndrome present, thereby improving health and decreasing expenses for the enrollees of the Plan. URGING THE STATE EMPLOYEE BENEFITS COMMITTEE, THROUGH THE DEPARTMENT OF HUMAN RESOURCES, DIVISION OF STATEWIDE BENEFITS AND INSURANCE COVERAGE, TO COLLABORATE WITH A HEALTH SYSTEM PARTNER(S) TO WORK WITH A TECHNOLOGY PARTNER TO DELIVER FOCUSED AND TARGETED CARE PROTOCOLS TO A MEASURABLE COHORT OF THE STATE OF DELAWARE GROUP HEALTH INSURANCE PLAN TO PROACTIVELY ADDRESS THE GROWING PROBLEM DIABETES AND METABOLIC SYNDROME PRESENT, THEREBY IMPROVING HEALTH AND DECREASING EXPENSES FOR THE ENROLLEES OF THE PLAN.
HCR 163PassedHilovskyThis Concurrent Resolution honors the Marine Corps 249th Birthday on November 10, 2024.HONORING THE MARINE CORPS 249TH BIRTHDAY ON NOVEMBER 10, 2024.
HR 31Passed HouseHilovskyThis House Resolution requests that the Department of Education does all of the following to expand and support equity and inclusion in financial literacy for all students in the State of Delaware: 1. Contract with the University of Delaware Institute for Public Administration to conduct a curriculum alignment study for all local education agencies (LEAs). 2. Reports the findings of the financial literacy standards curriculum alignment study to the General Assembly no later than May 1, 2025. 3. Provides assistance to LEAs to improve implementation of existing financial literacy standards. 4. Reports its findings and recommendations to the State Board of Education, the General Assembly, and the Governor. DIRECTING THE DEPARTMENT OF EDUCATION TO EXPAND AND SUPPORT EQUITY AND INCLUSION IN FINANCIAL LITERACY FOR ALL STUDENTS IN DELAWARE.
HR 30Passed HouseHilovskyThis resolution recognizes November 11, 2024 as Veterans Day in Delaware.HONORING VETERANS DAY IN DELAWARE ON NOVEMBER 11, 2024.
HS 1 for HB 434SignedCollinsThis substitute bill requires the Secretary of DNREC to follow certain procedures when conducting public hearings, while giving discretion to the Secretary in choosing which hearings the procedures apply to. The bill becomes effective August 1, 2024.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL AND TRANSPARENCY IN PUBLIC HEARINGS.
SR 23Passed SenateHoffnerThis Resolution designates September 22-29, 2024, as “Frontotemporal Degeneration Awareness Week” in the State of Delaware.DESIGNATING SEPTEMBER 22-29, 2024, AS “FRONTOTEMPORAL DEGENERATION AWARENESS WEEK” IN THE STATE OF DELAWARE.
HA 1 to SJR 4StrickenBushThis Amendment clarifies that the DMV must opt into the federal exemption prior to its expiration.  
HA 1 to SS 1 for SB 13PassedHarrisThis amendment removes the ability of the Hospital Quality and Health Equity Assessment Commission to make statutory changes directly. The Commission will instead submit recommendations on statutory changes to the General Assembly for additional action. This amendment also specifies that Commission meetings must follow open meeting requirements except that the Commission may hold private meetings if commercial or financial information of a privileged or confidential nature is under discussion. This amendment requires reports in 2025 and 2026 from the hospitals that have or will receive increased payments through the operation of this legislation describing how the funds have or will be used. This amendment updates the split in percentages of the funds used for increased payments to hospitals versus other approved uses of the funds. 
HA 1 to SB 296PassedBushThis amendment makes technical corrections to Senate Bill No. 296. 
HR 33Passed HousePhillipsThis House Resolution mourns the loss of Delabear and encourages all drivers to be vigilant while driving to keep an eye out for wildlife.REMEMBERING DELABEAR AND THE IMPORTANCE OF BEING VIGILANT WHILE DRIVING TO PROTECT OUR WILDLIFE.
SB 327SignedParadeeThis Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2025. Section 1 – Government Units and Senior Centers $ 34,521,948 Section 2 – One-Times and Community Agencies $ 51,643,425 Section 3 – Fire Companies and Public Service Ambulance Companies $ 11,634,433 Section 4 – Veterans Organizations $ 698,220 GRAND TOTAL $ 98,498,026 AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2025; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2025 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2025 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 70SignedDorsey WalkerThis Act eliminates the death penalty in Delaware. As such, the penalty for a person who is convicted of first-degree murder for an offense that was committed after the person’s 18th birthday is imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEATH PENALTY.
HB 124 w/ HA 1 + SA 1, SA 2SignedMorrisonThis Act eliminates animal noise and noise disturbances from the Noise Control and Abatement Chapter in Title 7. This Act clarifies the authority of the Office of Animal Welfare and Department of Agriculture to enforce all state laws relating to the protection and control of animals with, as occasion requires, the assistance of police officers. This Act also adds restrictions concerning barking dogs with other provisions concerning dogs currently being enforced by the Office of Animal Welfare. This Act does not prohibit municipalities from enforcing their own dog laws or ordinances if they have their own enforcement agency. This Act clarifies that police officers shall assist the Office of Animal Welfare, as occasion requires, with the enforcement of all State and local dog control laws. This Act prohibits the owner or person in possession or control of a dog from allowing the dog to bark for an extended period, defined as continuously for 15 minutes or more, or intermittently for 30 minutes or more. The Act exempts barking dogs if:(1) a person is trespassing on private property;(2) an animal is intruding on private property; (3) the dog is being teased or provoked. The Act exempts dogs located in:(1)animal shelters; (2) pet stores; (3) dog grooming facilities; (4) veterinarian offices; (5) animal clinics. The Act also exempts dogs engaged in:(1) dog training;(2) dog exhibition; (3) lawful performance competitions; (4) hunting; (5) herding. Civil penalties are a written warning for the first violation, $50 for a second violation, if it occurs more than 7 days after the first violation, $100 for a third violation and $150 for all subsequent violations. This Act is effective 1 year after enactment.AN ACT TO AMEND TITLE 7 AND TITLE 16 OF THE DELAWARE CODE RELATING TO NOISE CONTROL AND ENFORCEMENT OF LAWS FOR PROTECTION AND CONTROL OF ANIMALS AND BARKING DOGS.
HB 275SignedMorrisonThis Act updates the definition of "sexual orientation" throughout the Delaware Code by adding asexuality and pansexuality. Asexuality refers to individuals with little to no sexual attraction to other individuals, although asexual individuals may desire emotionally intimate relationships with other individuals. Pansexuality refers to individuals who are attracted sexually or romantically, or both, to another individual regardless of that individual's sex or gender identity. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6, TITLE 11, TITLE 18, TITLE 19, AND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF SEXUAL ORIENTATION.
HB 267 w/ HA 1SignedDorsey WalkerThis Act prohibits the Family Court from imposing a sentence of incarceration or ordering the suspension of a person’s license for failure to pay court-ordered child support unless it finds that the failure to pay is wilful and not due to an inability of the person to pay the support. This Act also makes technical corrections to correct a typographical error in existing code and to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO VIOLATIONS OF CHILD SUPPORT ORDERS.
HB 268SignedLonghurstHouse Bill No. 303, with House Amendment No. 2, from the 151st General Assembly created an annual behavioral health well check and required carriers to provide coverage for this service. In order to ensure providers of behavioral health well checks are fairly compensated, HB 303 required carriers to reimburse through common procedural technology (CPT) codes at the same billing rate. The cited CPT codes (99381-99387, 99391-99397) are used for services akin to a typical annual well visit for a new or established patient. Billing for the annual behavioral health well check under these CPT codes may impact the accuracy of state claims data from the Division of Medicaid and Medical Assistance (DMMA) to the Centers for Medicare and Medicaid Services. This Act amends Title 31 of the Delaware Code to allow DMMA to develop and implement new billing codes for a behavioral health well check. These developed codes must be comparable to the rates under the cited CPT codes. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ANNUAL BEHAVIORAL HEALTH WELL CHECKS.
HB 299SignedRomerThis Act is the Delaware Libraries for All Act. It explicitly adds “public libraries” to the definition of “place of public accommodation” for purposes of Delaware’s Equal Accommodations Law. It also directs the Delaware Library Consortium to develop and adopt common policies concerning collection, development, and other topics in order to ensure equitable access and the right to read for all Delawareans.AN ACT TO AMEND TITLE 6 AND TITLE 29 OF THE DELAWARE CODE RELATING TO DELAWARE LIBRARIES.
HB 308 w/ HA 1SignedK. WilliamsThis Act mandates that employees of institutions of higher education and students receive training in sexual assault prevention. Although the current law makes training available, it has not been required. This Act further changes the reporting period in which academic institutions must report information on campus sexual assaults from the calendar year to the academic year. Finally, this Act requires the DOJ to post the annual reports from the previous 5 years on its website and to include the aggregate data from the previous 5 years in each report so that data trends are easily identified. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT POLICIES FOR INSTITUTIONS OF HIGHER EDUCATION.
HS 1 for HB 5 w/ HA 1SignedLonghurstThe State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports. This House Substitute differs from the original HB 5 in that the deadline for application for a State Plan Amendment is extended to January 1, 2025. It also allows the Department of Education, the administrator of all reimbursements, to retain up to 5% of federal reimbursement dollars in order to defray administrative costs. Remaining funds shall be reimbursed to the local education agencies providing the services. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT OF SCHOOL-BASED BEHAVIORAL HEALTH SERVICES.
HB 318 w/ HA 1 + SA 1SignedBaumbachThis Act increases the exemption in bankruptcy and other debt proceedings for a debtor’s personal residence from $125,000 to $200,000. The exemption has been limited to $125,000 since 2012 while home prices have increased dramatically in the intervening years. It also increases the exemption for tools of the trade and for a vehicle to $25,000 from $15,000. This Act also exempts worker’s compensation awards under the laws of other states from attachment in bankruptcy or other proceedings in the same manner that a worker’s compensation award made under Delaware law is exempt. The Act takes effect on January 1, 2025.AN ACT TO AMEND TITLE 10 AND TITLE 19 OF THE DELAWARE CODE RELATING TO EXEMPTIONS IN BANKRUPTCY AND DEBT PROCEEDINGS.
HB 332SignedK. WilliamsThis Act codifies the teacher academy pathways program that prepares students for careers in elementary and secondary education. Among other things, it requires the DOE to update and revise statewide standards and guidelines for teacher academies and provide technical assistance to local education agencies to meet those standards and guidelines. This Act further requires that teacher academies offer (1) value-added credits to students who have completed the credits required by the initial program of study; and (2) work-based immersion options. Finally, the DOE must publish an annual report summarizing each teacher academy program in the State, including the number of participants in the program and the number of participants who successfully transition to a program or institute of higher learning in the field of education. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMIES.
HB 347SignedCarsonThis Act entitles non-exempt Delaware Department of Transportation employees who work over 37.5 hours to be paid at time and a half. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY PLAN FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES
HB 357 w/ SA 1SignedSpiegelmanThis Act is the product of the work of the Firearms Definition Task Force (“Task Force”), which was created by this General Assembly under Senate Concurrent Resolution No. 102. The Task Force found that while a more limited definition of “firearm” that is consistent with the common understanding of the term is required, a more nuanced approach than that taken in House Substitute No. 1 for House Bill No. 224 is also required. As a result, this Act does the following: (1) Adopts the definition of “firearm” proposed by House Substitute No. 1 for House Bill No. 224. (2) Creates a definition for a new term, “projectile weapon”, defined as those weapons previously included in the definition of a firearm, but which are not within the common understanding of a firearm. (3) Makes clear that a “projectile weapon” is a deadly weapon. (4) Amends the Criminal Code, criminal procedure provisions of Title 11, the Beau Biden Gun Violence Prevention Act (§ 1448C of Title 11 of the Delaware Code), the protection from abuse proceedings law (§§ 1041 through 1048 of Title 10 of the Delaware Code), the sexual violence protective order law (Chapter 72 of Title 10 of the Delaware Code), the lethal violence protective order law (Chapter 77 of Title 10 of the Delaware Code), and other provisions in Title 6, Title 10, and Title 24 of the Delaware Code to appropriately distinguish between when a law is intended to just apply to a firearm or to a firearm and a projectile weapon.AN ACT TO AMEND TITLE 6, TITLE 10, TITLE 11, AND TITLE 24 OF THE DELAWARE CODE RELATING TO WEAPONS.
HS 2 for HB 13SignedPhillipsThis Act requires the Director of the Sustainable Energy Utility to administer a program to provide financial assistance to Delaware residents for the cost of purchase and installation of electric vehicle supply equipment. For a low-income applicant (meaning up to 300% of the federal poverty level for household income), financial assistance covering up to 90% of the purchase and installation costs may be covered. For all other applicants the program may offer assistance to cover up to 50% of the costs. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES.
HB 353 w/ HA 1SignedGriffithThis Act provides civil and criminal remedies for the wrongful disclosure of deep fakes that depict individuals in the nude or engaging in sexual conduct. It provides the same remedies as those available under: (1) the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, Chapter 78 of Title 10; and (2) a Violation of Privacy offense under §1335 of Title 11. It further provides that when an adult creates a visual depiction of a minor that is nude or engaging in sexual conduct, the adult would be subject to a felony prosecution, rather than a misdemeanor prosecution. AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO DEEP FAKES.
HS 1 for HB 304 w/ HA 1SignedRomerThis Act mandates that all individuals who have received a conditional offer of employment with DTI and any contractor or third party that requires access to DTI systems, facilities, or data, must undergo a state and federal criminal background check through the State Bureau of Identification. This Substitute bill clarifies that only individuals who have received a conditional offer of employment must submit to a background check, rather that all those individuals that have applied. It also removes the requirement that individuals submitting to background checks are responsible for the costs of those background checks. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION AND CRIMINAL BACKGROUND CHECKS.
HB 280 w/ HA 1SignedK. WilliamsThis Act makes several changes to the civil asset forfeiture proceedings of this state. It repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof on the State to prove all elements of a forfeiture case by a preponderance of the evidence. Under the existing statute, it is the burden of an innocent owner to prove that they did not have knowledge of or consent to the use of their property in an unlawful act. It prohibits the forfeiture of currency less than $500. It prohibits forfeiture unless a criminal charge is brought. It requires the person holding seized property to be financially responsible for all fees associated therewith in the event the property is ordered by the Court to be returned. It allows a claimant property owner who substantially prevails in a forfeiture proceeding to recover reasonable attorney’s fees and costs. The language in this section is modeled after a provision of the federal forfeiture statute, at 28 U.S.C. § 2465 that was put in place in 2000 as part of federal civil asset forfeiture reforms. It aligns forfeiture provisions in Title 11 with the forfeiture provisions in Title 16. It requires the Department of Justice to collect and annually report statistics regarding civil asset forfeiture. AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CIVIL ASSET FORFEITURE.
HS 1 for HB 316 w/ HA 1, HA 2 + SA 1SignedRomerThis Act creates a new elections crime: “use of deep fake technology to influence an election.” Under this statute it would be a crime to distribute within 90 days of an election a “deep fake” – that is an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a class A misdemeanor, or if it is a repeat offense within 5 years, in which case it is a class E felony. Pursuant to § 5101 of Title 15, all offenses under this section are heard in Superior Court. This Substitute bill differs from original House Bill No. 316 in that it adds the caveat “if no visual disclosure is feasible” in relation to disclosures for audio-only media. It adds mobile applications, Internet websites, and streaming platforms to the exceptions under (d)(1) and (d)(2). It explicitly adds a carveout related to the liability shield of Section 230 of the Communications Decency Act. It states that the Act is not intended to restrict the ability of a person to detect, prevent, respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or deceptive activities or any illegal activity, preserve the integrity or security of systems or investigate, report, or prosecute those responsible for any such action.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DEEP FAKES IN ELECTIONS.
HB 354 w/ HA 1SignedChukwuochaThis Act gives the dependent children of active military members, full-time Delaware National Guard members, and active duty members of a reserve component of the US military priority in choice and charter enrollment. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENROLLMENT PRIORITY OF MILITARY-CONNECTED STUDENTS.
HB 366SignedDorsey WalkerThis Act sunsets the Technology Investment Council ("TIC"). The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed TIC in 2022 and, as a result of the review, JLOSC sponsored House Bill No. 357 of the 151st General Assembly. HB 357 updated TIC's statute to streamline operations and prevent redundancies. In February 2024, TIC submitted a memorandum to JLOSC, explaining all of the following: - Redundancies with other State boards or committees, procedures, and efficiencies remain. And, ensuring that TIC has a quorum to conduct business during meetings continues to be a challenge. - Six of the 9 TIC members also serve on the Government Efficiency and Accountability Review ("GEAR") Board, including the Chief Justice, Director of the Office of Management and Budget, Secretary of Finance, Secretary of the Department of Health and Social Services, the Controller General, and the Chief Information Officer of the Department of Technology and Information ("DTI"). - GEAR has a subcommittee specifically dedicated to IT efficiency and releases an annual report detailing the progress in this focus area. - TIC convened only once in 2023. - TIC's goals are achieved through DTI processes and collaboration with agencies, OMB, and GEAR. - With no objection from TIC members, DTI requested that JLOSC support the sunsetting of TIC. For these reasons, the Technology Investment Council is sunsetted under this Act. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TECHNOLOGY INVESTMENT COUNCIL.
HB 367SignedDorsey WalkerThis Act sunsets the Provider Advisory Board (“Board”) and is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Board. The Board was created in 2011 at JLOSC's recommendation when it reviewed the Office of Child Care Licensing ("OCCL"). The original purpose of the Board was to advise the OCCL regarding the adoption, promulgation, and amendment of rules and regulations required to carry out the Delaware Child Care Act, focusing on early care and education, family child care homes, and school age centers. In 2019, the Board's purpose was expanded to encourage OCCL to communicate with providers and encourage OCCL to enforce the Delaware Child Care Act in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations. In 2020, both the Board and the OCCL were moved from the Department of Service for Children, Youth and their Families to the Department of Education. The move has increased the frequency of communication between licensed child care providers and agency units, including the Office of Early Learning and the Delaware Early Childhood Council. JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which added the Board's duties to those of the Delaware Early Childhood Council. Before and since SB 135 was enacted, the OCCL has adopted, promulgated, or amended regulations in the absence of the Board's advice. The OCCL is meeting the needs the Board was intended to address, without the Board's assistance. For these reasons, JLOSC concluded that the Board is not fulfilling its statutory duties or meeting a state need, and that the Board should be sunsetted. This Act therefore sunsets the Provider Advisory Board. Because the Extended Learning Opportunities Subcommittee included a member from the Board, this Act also replaces that member with a licensed provider that serves children not yet kindergarten age. Otherwise, sunsetting the Board would have the unintended consequence of making the subcommittee a member short. Separate legislation fulfills JLOSC's recommendation that a third center-based early care and education provider be added to the Delaware Early Childhood Council.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD AND THE EXTENDED LEARNING OPPORTUNITIES SUBCOMMITTEE.
HB 368SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Provider Advisory Board ("Board"). Based on its findings, JLOSC recommended sunsetting the Board, which is addressed in separate legislation. This Act fulfills JLOSC's related recommendation, to add a third center-based early care and education provider to the Delaware Early Childhood Council ("DECC"). In 2023, JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which consolidated the functions of Board into the functions of DECC. The Board's review was held over to 2024, when JLOSC evaluated the implementation of SB 135. JLOSC concluded that consolidating the Board's duties into DECC was successful. JLOSC also concluded that, given the findings of its 2023 review of the Board and evaluation of the Board's activities since the enactment of SB 135, the Board is not meeting a state need. JLOSC therefore recommended sunsetting the Board and adding a third center-based early care and education provider to DECC. This Act fulfills the addition to DECC.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE EARLY CHILDHOOD COUNCIL.
HB 362SignedMinor-BrownIn 2023, the General Assembly passed House Bill 80, which required the coverage of doula services under the State’s Medicaid plan beginning in 2024. This Act would require similar coverage under private health insurance plans.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COVERAGE FOR DOULA SERVICES.
HB 371SignedK. WilliamsThis Act changes how the Insurance Commissioner and the State Treasurer provide for distributions from taxes collected by the Insurance Commissioner to be made to fire companies or departments in Delaware. The current method for reporting, calculating, and making distributions to fire companies or departments is complex to administer and can lead to incorrect payments. This Act simplifies the reporting process and provides a new method for calculating the funds distributed to fire departments and companies in the City of Wilmington, New Castle County outside of Wilmington, Kent County, and Sussex County. Specifically, it reduces the number of payments per year from two to one, gives the Insurance Commissioner more time to ensure the accuracy of insurer-reported financial data, and establishes detailed guidelines for how the funds should be distributed to the various fire companies or departments. This Act also makes changes to the reporting requirements related to payments made by the State Treasurer to the State Insurance Coverage Office. In addition, this Act amends the requirement related to the Delaware Volunteer Firefighter’s Association (“DVFA”) annual report to the Insurance Commissioner. This requirement is being amended because contrary to what the current statute states, the Insurance Commissioner does not use the report to calculate funding under this section. DVFA is now also required to send its annual report, which details the locations, apparatuses, and equipment maintained for its member fire companies or departments, to the State Fire Prevention Commission. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective January 1, 2025. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE STATE FIRE PREVENTION COMMISSION, FIRE COMPANIES OR DEPARTMENTS, AND THE STATE INSURANCE COVERAGE OFFICE.
HS 2 for HB 125SignedS. MooreThis House Substitute bill eliminates any reference to § 4137 in Title 11 since it will remain as a separate section in the Delaware Code. This House Substitute requires all public schools to offer only students who qualify for a reduced-price meal, under the federal School Breakfast Program and National School Lunch Program, a free breakfast and lunch every school day. This House Substitute also eliminates a requirement that all schools and local education agencies, who qualify, must participate in the federal Community Eligibility Provision, under 42 U.S.C. §1759a (a)(1)(F) since there is no such federal mandate. This Act also removes the requirement that a parent or guardian for each student complete a household income form since that requirement is already set forth in this title. This Substitute bill also removes the delayed effective date. This Act will take effect beginning the school year following its enactment. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE SCHOOL MEALS.
HB 385SignedLonghurstThroughout 2023, the Code Revisors provided the General Assembly with potential technical corrections that the Code Revisors identified as the Code Revisors revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2023 or as the Code Revisors reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of those provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects a grouping and phrasing error in § 718(b) of Title 4 from House Bill No. 83 of the 136th General Assembly. Section 2. This section corrects a stylistic error in § 1304 of Title 4, from House Bill No. 2 of the 152nd General Assembly, by removing the redundant words “but not limited to” following “including” as recommended by the Delaware Legislative Drafting Manual. Sections 3 and 4. These sections correct errors in §§ 1314(b)(4)c. and 1354(e)(2) and (f), from House Bill No. 2 of the 152nd General Assembly, by making clear that the location of the licensed premises is relevant to the statutes, and not the location of the license itself. Section 5. This section corrects a stylistic error in § 3311(c)(2) of Title 5, from House Bill No. 97 of the 152nd General Assembly, by removing the impression that the “officer” immediately following must also be a “controlling person” with respect to applicants. Section 6. This section implements the intent of House Bill No. 131 of the 152nd General Assembly by deleting language in the concluding paragraph § 73-304(c) of Title 6 which had been improperly removed without striking in the original bill. Section 7. This section corrects an error in § 7502A(c) of Title 7, from House Bill No. 190 of the 152nd General Assembly, by making it more clear that notice to the Chair of revocation of a representative or designee should come from the entity or official authorizing them to act as representative or designee. Section 8. This section corrects a stylistic error in § 10002(16) of Title 7, from House Bill No. 99 of the 152nd General Assembly, by conforming the definition of “state agency” to the definition adopted in § 6902 of Title 29. Section 9. This section corrects a stylistic error in § 1101A(3)b.7. of Title 9, from House Bill No. 11 of the 151st General Assembly, by conforming a “911 communications” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 10. This section conforms § 1077(c) of Title 10, from Senate Bill No. 69 of the 137th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 11. This section corrects an error in § 4319(b) of Title 10, from House Bill No. 167 of the 152nd General Assembly, by making clear that a CISM (consultation, risk assessment, education, intervention, and other crisis intervention services) team member or trained peer support member need not be requested to disclose proceedings, communications, and records in order to decline producing only one category of those items so listed. Section 12. This section corrects an error in § 7209(a) of Title 10, from House Substitute No. 1 for House Bill No. 264 of the 151st General Assembly, by substituting “sexual violence protective order” (as referenced in § 7202 of Title 10) for the inaccurate reference to a “sexual violence protection order.” Section 13. This section corrects an error in § 7708(a) of Title 10, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in § 7701 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 14. This section corrects stylistic errors in § 472(c) of Title 11, from House Substitute No. 2 for House Bill No. 142 of the 152nd General Assembly, by rearranging existing language so that all qualifying language appears before the affected legal categories listed within the statute and by numbering the included categories to conform to Delaware Legislative Drafting Manual style. Section 15. This section corrects an error in § 612(d) of Title 11, from House Bill No. 343 of the 144th General Assembly, by recognizing in (d) the differing class C felony offense in paragraph (a)(12) of the section. Section 16. This section corrects an error in § 832(b)(2)a. of Title 11, from House Bill No. 78 of the 150th General Assembly, by revising an inaccurate internal reference. Section 17. This section corrects an error in § 1103D(a)(1)a. of Title 11, from House Bill No. 182 of the 152nd General Assembly, by correcting the impression that the definition of “torture” requires that the elements of §§ 1103, 1103A, 1103B, and 1103C all be present to satisfy paragraph (a)(1) of the section. Section 18. This section corrects a stylistic error in § 1334(a)(2) of Title 11, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 dispatchers” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 19 and 20. These sections correct an error in the present and future versions of § 1448(a)(11) of Title 11, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in Chapter 77 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 21. This section corrects an error in § 8404(a)(4)e. of Title 11, from House Bill No. 206 of the 152nd General Assembly, by adding the appropriate missing noun at the beginning of the paragraph and by conforming style to that recommended by the Delaware Legislative Drafting Manual. Section 22. This section conforms § 8531(2)a. of Title 11, from House Bill No. 385 of the 146th General Assembly, to § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 23. This section makes corrections in § 1318(f)(1) and (2) of Title 14, from House Bill No. 60 and House Bill No. 61 of the 152nd General Assembly, by addressing a sentence fragment, conforming formatting to the Delaware Legislative Drafting Manual, and aligning the notification process in paragraph (f)(2) of the section with that described in paragraph (f)(1) of the section. Section 24. This section makes corrections in § 2702(h)(1) and (j) of Title 14, from House Bill No. 3 of the 152nd General Assembly, by making clear that the differing definitions for an excused absence in paragraphs (h)(1) and (j)(1) of the section are exclusive to the subsections in which they appear and that the introductory paragraph to (j) of the section applies to that subsection alone and not to the entire statute. Section 25. This section makes a correction in § 4143(f)(4) of Title 14, from House Bill No. 198 of the 151st General Assembly, by redesignating that paragraph as subsection (g) of the section due to the fact that the paragraph is the only one in subsection (f) of the section not concerned with educational programming. Section 26. This section makes a corrections in § 1002A(9) of Title 16, from House Bill No. 403 of the 146th General Assembly, by conforming the language to the referenced facilities licensed in Chapter 11 of Title 16. Section 27. This section corrects stylistic errors in § 1161 of Title 16 as enacted by Senate Bill No. 115 of the 140th General Assembly, and as later amended, by conforming the formatting and language to accepted Delaware Legislative Drafting Manual style and by substituting language respectful to persons with disabilities as required by § 608 of Title 29. Section 28. This section implements the intent of House Substitute No. 1 for House Bill No. 193 of the 152nd General Assembly by striking language in § 3003L(6) of Title 16 which had been improperly removed without striking in the original bill. Section 29. This section makes a correction in § 3001Q(8) of Title 16, from House Bill No. 51 of the 152nd General Assembly, by substituting a specific reference to the statute which defines “long-term, acute, or outpatient health-care services” for a reference to Chapter 79 of Title 29 generally. Section 30. This section corrects stylistic errors in § 4769(a)(1) and (b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 system” reference to accepted style as approved by the Federal Communications Commission, by correcting gender-specific language, and by making adjustments in line with proper Delaware Legislative Drafting Manual style. Section 31. This section conforms § 5520(d) of Title 16, from Chapter 534 of the 118th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Sections 32 and 33. These sections correct stylistic errors in the present and future versions of § 9802 of Title 16 as enacted in Senate Substitute 1 to Senate Bill No. 1 of the 135th General Assembly, and as later amended, to conform to proper Delaware Legislative Drafting Manual style. Section 34. This section makes a correction in § 9903(j)(4) of Title 16, from House Bill No. 98 of the 152nd General Assembly, by making clear that the loan grant recipients are limited to either new primary care providers or new dental providers, and not to those institutions only providing both services. Section 35. This section corrects a stylistic error in § 10203(b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 Committee” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 36. This section conforms language in § 701(23) of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that utilized in the referenced § 1702 of that title. Section 37. This section conforms formatting and style in § 1702 of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 38. This section conforms language in § 1750(1) of Title 18, from Senate Substitute No. 1 for House Bill No. 146 of the 141st General Assembly, to proper Delaware Legislative Drafting Manual style. Section 39. This section conforms language in § 1774 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that utilized in the referenced § 5603 of that title. Section 40. This section conforms the formatting and style of § 5603 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that of the Delaware Legislative Drafting Manual. Section 41. This section conforms the formatting and style of § 6701B of Title 18, from House Bill No. 160 of the 151st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 42. This section corrects § 710(5), (27), and (29) of Title 19, from House Bill No. 184 of the 152nd General Assembly, by addressing the mistaken impression in those paragraphs that one might request verification “from” a court order or family medical leave record rather by submission of those documents. Section 43. This section makes clear in § 4803(c) of Title 21, from Senate Bill No. 68 of the 152nd General Assembly, that all car fitting stations sanctioned by the Office of Highway Services, not merely those operated by the Office, are eligible for referral for car seat guidance and education. Section 44. This section implements the intent of House Bill No. 165 of the 152nd General Assembly by removing language from § 2502(23)h. of Title 24 which had been improperly removed from the original bill without appropriate striking. Section 45. This section implements the intent of House Bill No. 117 of the 152nd General Assembly in § 2708(a)(1)a. and b. of Title 24 by substituting words inserted into the original bill without appropriate striking of present language and underlining of new insertions. Sections 46 and 47. These sections implement the intent of Senate Bill No. 141 of the 152nd General Assembly in § 3708(a)(3)d. of Title 24 by making a substitution which had been inserted into the original bill without appropriate striking of present language and underlining of the new insertion and by accordingly adjusting an affected internal reference in § 3709(a) of Title 24. Section 48. This section corrects stylistic errors in § 221(b)(3) of Title 26, from House Bill No. 69 of the 150th General Assembly, by conforming “911 Administrator for the State” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 49 and 50. These sections conform the language in § 904(a)(1) of Title 29, from House Bill No. 453 of the 151st General Assembly, to current practices of the Division. As noted in Section 64 of this Act, Section 49 is contingent upon enactment of House Bill No. 288 of the 152nd General Assembly. Sections 51 through 54. These sections correct stylistic errors in §§ 5501(l), 5522(a)(6), 5527(a)(1), and 5543(a)(3) of Title 29, from House Bill No. 179 of the 149th General Assembly, by conforming “911 operator” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 55. This section corrects language in § 7914A(c) and (g) of Title 29, from Senate Bill No. 49 of the 152nd General Assembly, by conforming a reference to the Governor’s Commission on Community and Volunteer Services in the introductory paragraph of (c) of the section to others in the statute and by correcting the impression in subsection (g) of the section that members may be appointed for having committed various enumerated misdeeds. Sections 56 and 57. These sections make corrections in §§ 7970(a)(2) and 7971(b)(5) of Title 29, from House Bill No. 208 of the 149th General Assembly, in order to properly refer to “long-term, acute, or outpatient health-care services” rather than to “long-term, acute, and outpatient health-care services” as referenced in § 122 of Title 16. Section 58. This section makes corrections in § 9008C of Title 29, from House Bill No. 129 of the 142nd General Assembly, by making stylistic changes to conform to appropriate Delaware Legislative Drafting Manual style and by removing an extraneous “both” from paragraph (3) of the section. Section 59. This section corrects an error in § 9011D(a)(3) of Title 29, from Senate Bill No. 161 of the 152nd General Assembly, by substituting an accurate updated internal reference. Section 60. This section makes corrections throughout § 9101 of Title 29, from House Bill No. 368 of the 131st General Assembly, by addressing inconsistent references to the name of the Cabinet Committee on State Planning Issues. Sections 61 and 62. These sections correct errors in Senate Bill No. 134 of the 152nd General Assembly by addressing a typo in § 10212(b)(4) of Title 29 and a grammar error in the introductory paragraph of § 10214(b) of Title 29. Section 63. This section corrects an error in the introductory paragraph of § 1812 of Title 30, from House Bill No. 442 of the 141st General Assembly, by removing the unnecessary statement that “(singular includes plural).” This general rule of construction is already contained in § 304(a) of Title 1. Section 64. This section corrects an error in § 5365(b) of Title 30, from House Bill No. 153 of the 142nd General Assembly, by removing an unnecessary “the” from the text. Section 65. This section makes enactment of House Bill No. 288 of the 152nd General Assembly, implementing the name change of the “Division of Research” to the “Division of Legislative Services,” a prerequisite for enactment of Section 50 of this Act, effective upon the same date as House Bill No. 288 as noted in Section 62 of that Act. AN ACT TO AMEND TITLE 4, TITLE 5, TITLE 6, TITLE 7, TITLE 9, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 18, TITLE 19, TITLE 21, TITLE 24, TITLE 26, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HB 390SignedRamoneThis bill names the hill east of Mill Creek situated on New Castle County parcel number 08-025-00-018 as “Lieutenant McMichael’s Hill of Eminence”. This was the site of the action during the Revolutionary War that was the most impactful combat event that occurred on Delaware soil.AN ACT TO NAME THE HILL ON THE EAST BANK OF MILL CREEK LOCATED ON NEW CASTLE PARCEL NUMBER 08-025-00-018 AS “LIEUTENANT MCMICHAEL’S HILL OF EMINENCE”.
HS 1 for HB 356SignedChukwuochaOn military installations subject to exclusive federal jurisdiction, the investigation and prosecution of juveniles for alleged violation of federal crimes is conducted in the federal court system. The federal court system often tries juveniles as adults and it lacks juvenile-focused resources. Federal law, however, permits the State to accept concurrent jurisdiction over juvenile matters on military installations if a request is made by a United States official and the Governor, via Executive Order, accepts the request. This Act provides the statutory authority for the State to accept concurrent jurisdiction over crimes or delinquent acts involving juveniles on military installations located in the State. According to this Act, if the Governor accepts a request for concurrent criminal juvenile legislative jurisdiction from a United States official, a State agency or local government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibility related to the concurrent criminal juvenile legislative jurisdiction. This Substitute bill adds “delinquent acts” to those juvenile matters the Family Court has jurisdiction to adjudicate within a military installation. It also clarifies that offenses within a military installation that are adjudicated in Family Court must have been committed while the child was under the age of 18. This Substitute bill also provides concurrent jurisdiction for those criminal offenses involving a child in which the child has been determined to be amenable to prosecution as an adult in Superior Court. This Substitute bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO CONCURRENT JURISDICTION OF JUVENILES WHO COMMIT CRIMES ON UNITED STATES MILITARY INSTALLATIONS.
SB 292 w/ HA 2SignedSturgeonThis Act updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and improve information sharing between educational institutions and programs operating in this State, including local postsecondary institutions and programs and local education agencies, and the Department of Education (“Department”). Specifically, the Act does the following: (1) Provides that educational records of students, and personally identifiable information contained therein, may only be disclosed or redisclosed in accordance with FERPA and its implementing regulations. (2) Allows local education agencies and educational institutions and programs who outsource their data exchange and compliance with reporting requirements to the Department to consider the Department a school official as defined by FERPA regulations. This allows educational institutions and programs to disclose to the Department, without parental consent, information necessary for federal and state reporting when there is a legitimate educational interest. (3) Gives the Department authority to redisclose educational records for the purposes of ensuring the effectiveness of publicly funded programs and improving educational outcomes for students. Like initial disclosures, redisclosures must comply with FERPA and its implementing regulations. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF PUPILS' SCHOOL RECORDS.
HB 393SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of Adult Protective Services ("APS"). JLOSC approved recommendations to modify several areas of the APS statute, Chapter 39 of Title 31. Based on the recommendations, this Act does all of the following: - Establishes timelines for when the Department of Health and Social Services ("Department") must begin an investigation after receiving a report concerning an allegation of abuse, neglect, or exploitation of an adult who is impaired or incapacitated. - Establishes the Department's responsibility to conduct ongoing training programs for relevant staff. - Removes the Adult Protective Services Advisory Council from section 3903, Title 31. This council is absorbed into the existing Council on Services for Aging and Adults with Physical Disabilities, through separate legislation. - Modifies the reporting requirement of § 3910(a), Title 31, to specifically establish that health-care professionals have a duty to file a report with the Department when the professional has reasonable cause to believe that an adult who is impaired or incapacitated is in need of protective services; clarifies that privilege does not relieve an individual from the duty to report. - Removes language in § 3904(d)(1) regarding a fee schedule and income criteria process that the Department has not used and does not plan to institute. - Makes many technical changes to modernize and conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.
HB 396SignedDukesThis Bill amends the Charter of the Town of Delmar in multiple respects. In Section 7 of the Charter, which involves Nominations and Elections, every person over the age of 18 years who has resided in the town for 30 days prior to the election will be permitted to vote in the election, as opposed to the previous six-month residency requirement. The Town of Delmar will also adopt the State's Voter Registration System as the source of its list of registered voters but reserves the right to deny any names from the list of voters who have moved from the Town, no longer own property within the Town, or are otherwise disqualified from voting. Section 24 of the Charter is also amended to raise the permissible bond amount to be authorized via resolution by Town Council from one million to 10 million dollars.AN ACT TO AMEND THE CHARTER OF THE TOWN OF DELMAR RELATING TO NOMINATIONS AND ELECTIONS AND THE POWER TO BORROW MONEY AND ISSUE BONDS.
HB 398SignedD. ShortThis Act amends the City of Seaford Charter to remove the section regarding Fire Department Appropriations, specifically, the City Council's authority to set aside or appropriate up to ten percent of real estate taxes to provide for and maintain the equipment of the Seaford Volunteer Fire Department. It also removes the obligation of the President of the Fire Department to submit an annual report to the City Council.AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO FIRE DEPARTMENT APPROPRIATIONS.
HB 407SignedMatthewsThis Act establishes an application process, policies, procedures, operational instructions, and requirements for licensed transporters to obtain and use transporter license plates when transporting vehicles. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LICENSED TRANSPORTERS.
HB 408 w/ HA 1, HA 2SignedOsienskiThis Act creates a temporary conversion license for existing medical marijuana compassion centers to operate for recreational marijuana purposes, and sets forth requirements to obtain a conversion license and to operate under such a license. This Act also specifies that conversion licenses may not be issued after November 1, 2024 and expire after 48 months, at which time the license may be renewed as an open license.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MARIJUANA CONVERSION LICENSES.
HB 410SignedLonghurstSection 1 of this Act establishes the Legislative Hall Art and History Advisory Commission ("Commission"). The Commission is established to advise and make recommendations to Legislative Council regarding art, monuments, and historical exhibits to be displayed in Legislative Hall or on the grounds of Legislative Hall. Section 2 of this Act ensures that the Commission’s meetings are open to the public. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ESTABLISHING THE LEGISLATIVE HALL ART AND HISTORY ADVISORY COMMISSION.
HB 409SignedMatthewsThis Act defines a Unique vehicle as one not manufactured to meet all Federal Motor Vehicle Safety Standards (FMVSS) in effect for the model year in which it was manufactured or which does not meet the requirements of the Division of Natural Resources and Environmental Control (DNREC) emissions inspection program. It identifies the requirements for those vehicles to be titled, registered, and branded for operation within this State.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO UNIQUE VEHICLES.
HS 2 for HB 300SignedK. JohnsonThis Substitute Bill requires the Department of Health and Social Services to maintain a public registry of assisted living facilities that are accredited and/or certified to provide memory care services by an approved independent accrediting organization. This Act also authorizes DHSS to promulgate rules and regulations to carry out these provisions, and it defines memory care services and secured memory care unit. Violations of this Act are subject to enforcement actions under Chapter 11 of Title 16 and are a basis for the nonrenewal of a facility’s license. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG-TERM CARE FACILITIES.
HB 418SignedDukesThis Act amends the Town of Laurel Charter to allow for an increase in the permitted late fee charged for unpaid taxes from three percent (3%) to five percent (5%) per annum for each month such taxes remain unpaid. This Act also amends the Town of Laurel Charter to increase the maximum amount the Town is permitted to fine an individual for a violation of an ordinance of the Town from Five Hundred Dollars ($500) to Two Thousand Five Hundred Dollars ($2,500).AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO COLLECTION OF ANNUAL TAXES AND ENUMERATION OF POWERS.
HB 425SignedOsienskiThis Act moves the Office of Medical Marijuana, which is currently under the Department of Health and Social Services to the Office of the Marijuana Commissioner within the Department of Safety and Homeland Security. Under this Act, the Marijuana Commissioner, rather than DHSS, will be responsible for administering the Delaware Medical Marijuana Act, which includes the following tasks: (1) Registration and certification of safety compliance facilities and compassion centers; (2) Issuance of registry identification cards; (3) Registration of qualifying patients and designated caregivers; and (4) Updating rules and regulations under the Delaware Medical Marijuana Act. AN ACT TO AMEND TITLES 4 AND 16 RELATING TO MEDICAL MARIJUANA.
HCR 146PassedChukwuochaThis Concurrent Resolution supports the Redding Commission for Educational Equity’s recommendations to move immediately to support Christina School District’s City of Wilmington students and to plan for the eventual withdrawal of the Christina School District from the City of Wilmington.SUPPORTING THE RECOMMENDATION OF THE REDDING CONSORTIUM FOR EDUCATIONAL EQUITY TO PROVIDE IMMEDIATE SUPPORT TO WILMINGTON PUBLIC SCHOOL STUDENTS AND PLANNING FOR THE WITHDRAWAL OF THE CHRISTINA SCHOOL DISTRICT FROM THE CITY.
HB 426SignedNealThis Act ensures that pregnant women in DOC custody, at Level IV or V, are able to meet with a doula or midwife to create a birth plan surrounding the birth of their child. Among other things, the birth plan must include a statement identifying a preferred childcare provider and whether the new mother wishes to express breast milk for the child. This Act further requires that the DOC publish an annual report regarding the use of doula and midwifery services within the DOC. 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 RELATING TO MEDICAL SERVICES.
HB 428SignedMinor-BrownThis Act corrects, clarifies, and amends Title 29, Chapter 69 which articulates state procurement guidelines and procedures. The changes to the chapter realign some responsibilities from the Director of the Office of Management and Budget to the Director of the Section of Government Support Services (Section) within the Office of Management and Budget. Additional chapter amendments include the addition of processes to Subchapter VI, Professional Services, and authorizes the Section to lead some mandatory use Professional Services contracting efforts. The Professional Services changes made are similar to the processes and procedures as identified in other subchapters of Chapter 69. The changes will not impact the vendor community.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.
HB 430PassedLonghurstThis Act is the first leg of an amendment to the Delaware Constitution to make technical corrections to the Delaware Constitution. First, this Act makes the language of the Delaware Constitution gender silent. Senate Bill No. 97 (152nd General Assembly), enacted as Chapter 42 of Volume 84 of the Laws of Delaware, directed the Code Revisors to use gender silent techniques to ensure masculine or feminine pronouns are not used in Delaware Code unless the usage requires otherwise. Thus, instead of drafting a law to say, “The Governor may appoint an individual if he or she deems him or her qualified”, following gender silent techniques the law would say, “The Governor may appoint an individual if the Governor deems the individual qualified.” This technique has the added benefit of providing clarity as many times use of multiple masculine or feminine pronouns can result in confusion as to which noun the pronouns refer. This Act would apply this same drafting technique to the Delaware Constitution. This action is consistent with the General Assembly’s amendment of the Constitution in 1999 following the adoption of a law directing the Code Revisors to gender neutralize or otherwise ensure that a solely masculine or feminine designation never occurs unless it could only apply to one gender. Second, this Act makes additional technical corrections identified by the General Assembly's Division of Research. Specifically, these technical corrections include the following: (1) Officially authorizing the headings for each Section of the Delaware Constitution as the headings are contained in the “Constitution of the State of Delaware, Adopted 1897, As Amended”, as published by the Delaware Code Revisors in the Delaware Code. The headings for each Section of the Delaware Constitution are not original to the Constituiton adopted in 1897. These headings were added during the 1953 revision to the Delaware Code. Since the 1953 revision to the Delaware Code, publication of the Constitution has included headings for each Section of the Delaware Constitution in the version of the Delaware Constitution published in the Delaware Code. Almost immediately after the 1953 revision to the Delaware Code, the General Assembly began enacting new constitutional amendments with headings and amending existing Sections of the Delaware Constitution using the headings provided or making amendments to the headings provided. However, these headings were not officially authorized by the General Assembly. Consistent with § 306 of Title 1 of the Delaware Code, the intent of authorizing all headings in the Delaware Constitution is for the purpose of convenient reference, not as an interpretive tool for the courts. (2) Based on the adoption of headings for each Section of the Delaware Constitution, removing existing Section numbers and relying instead on the adopted headings. (3) Consistently using the series (Oxford) comma. (4) Implementing a consistent hierarchy scheme and naming, consistent with the Delaware Code. (5) Implementing a consistent scheme for naming, capitalization, and citing of references to provisions of the Delaware Constitution. (6) Implementing a consistent scheme for numbers used for time, dates, and money by using the numerical form of the number only. (7) Capitalizing consistent with standard capitalization rules. (8) Replacing references to “this amended Article IV of this Constitution” with “this Article”. (9) Replacing references to “this amended Article IV of this Constitution becomes effective” with “May 14, 1951”, which is the date the referenced amendments took effect. (10) Removing usages of “but not limited to”. (11) Removing from § 8 of Article IV a definition providing that “Supreme Court”, as used in § 4 of Article V, means the Superior Court and replacing “Supreme Court” in § 4 of Article V with “Superior Court” for clarity. (12) Removing § 11(c) of Article VIII from the Constitution. This provision was not intended to be included in the Constitution as it was drafted as a separate bill section of the bill that proposed and concurred in the constitutional amendment creating § 11(a) and (b). It was intended to apply only to taxes or licenses fees authorized by the General Assembly but not yet effective and so not intended to be included in the Constitution. (13) Inserting the effective date of the constitutional amendment that enacted § 12 of Article VIII for clarity. (14) Correcting misspellings and misused words. (15) Making corrections to Section headings. (16) Making technical changes to § 4A of Article V, including to remove an “either” that is inappropriately used in a list of more than 2 items. (17) Removing the hyphen in “Lieutenant Governor” and “Attorney General”. (18) Changing references to “the State” to “this State”. (19) Removing usages of “said”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI 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 Delaware Constitution. AN ACT PROPOSING AMENDMENTS TO THE DELAWARE CONSTITUTION RELATING TO TECHNICAL CORRECTIONS.
SA 1 to HB 318PassedSokolaThis amendment changes the effective date of the Act.  
HS 2 for HB 168 w/ HA 1SignedK. WilliamsHouse Bill No. 168 creates a short-term rental lodging tax at the rate of 8% of the rent upon every occupancy of a short-term rental within the State. For purposes of collecting the lodging tax on short-term rentals, HB 168 creates an occupational license for a short-term rental listing service. It also authorizes New Castle and Sussex Counties to impose a lodging tax of no more than 3 percent on short-term rentals. House Substitute 2 to House Bill No. 168 is primarily different from House Bill No. 168 in that it decreases the tax rate on short-term rentals and uses different terms and definitions to identify the individuals responsible for collecting short-term rental taxes. Specifically, House Substitute 2 to House Bill No. 168 makes the following changes: (1) Requires accommodations intermediaries to obtain an occupational license and pay an annual licensing fee of $25.00; (2) Ensures that accommodations intermediaries are responsible for the collection and remittance of taxes under this Act and clarifies responsibilities for the collection and remittance of the tax; (3) Defines an accommodations intermediary; (4) Decreases the short-term rental tax rate from 8% to 4.5%; (5) Establishes the short-term rental tax in a new chapter within Title 30; (6) Clarifies that short-term rental taxes will be distributed as follows: 62.5% to the State General Fund; 12.5% to the Beach Preservation Fund of the Department of Natural Resources and Environmental Control; 12.5% to be designated in the proportion in which collected, to the duly established convention and visitors bureau in each county; and 12.5% to the Delaware Tourism Office; (7) Adds the Georgetown, Millsboro, Milton, Milford, and Western Sussex Chambers of Commerce to those organizations that determine the Sussex County Convention & Visitors Bureau; and (8) Updates effective dates for licensing, tax levy, and related obligations. AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO LODGING TAX.
HB 475SignedHeffernanThis Bill is the Fiscal Year 2025 Bond and Capital Improvements Act.A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2025; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.
SA 1 to HS 1 for HB 316PassedTownsendThis Amendment does the following: (1) Provides an exemption from criminal liability for media broadcasters that have received a representation that the content provided does not include a deceptive and fraudulent deep fake, that prohibit advertisers from including deceptive and fraudulent deep fakes in the content provided to the broadcasters, or that are required by federal law to air advertisements from legally qualified candidates. (2) Sunsets this exemption from criminal liability 1 year after the Act’s enactment into law, unless extended by subsequent action of the General Assembly. 
SA 1 to HB 124PassedGayThis Amendment adds livestock guarding to the list of activities a dog may be engaged in that does not constitute a violation of this Act. 
SA 1 to HB 357PassedPettyjohnThis Amendment delays the effect of this Act until February 1, 2025. 
SA 2 to HB 124PassedGayThis Amendment adds dog day care and boarding facilities to the list of activities a dog may be engaged in that does not constitute a violation of this Act. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 198SignedHansenThis Act revises existing animal cruelty laws to include people who knowingly possess, own, buy, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting as guilty of a class E felony. This Act defines “animal fighting paraphernalia” and creates a list of considerations a court may use when assessing whether an item or object qualifies as animal fighting paraphernalia. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL FIGHTING.
SJR 4 w/ HA 2SignedHoffnerThis Joint Resolution directs the Division of Motor Vehicles to opt into the FMCSA’s federal exemption that allows for first time CDL applicants seeking a school bus only endorsement on their driver’s license. An applicant’s school bus only endorsement would only apply to intrastate operation of a school bus. The Division of Motor Vehicles is directed to implement this policy by May 1, 2024. DIRECTING THE DIVISION OF MOTOR VEHICLES TO OPT INTO A FEDERAL EXEMPTION TO DEVELOP A "SCHOOL BUS ONLY - COMMERCIAL DRIVER'S LICENSE".
SB 216 w/ SA 1SignedMantzavinosThis Act increases the civil penalties for violations of the statutes in Title 16, Chapter 11 related to Long Term Care Facilities and the regulations adopted pursuant to it. For violations that the Department determines pose a serious threat to the health and safety of a resident, the minimum penalty in Section 1109 of Title 16 is increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation. For violations that do not constitute a serious threat to the health and safety of a resident, the maximum penalty is increased from $5,000 to $10,000 per violation. The civil penalties in Section 1109(a)(2) for violations that pose a serious threat to the health and safety of a resident were established in 1998 and have not been increased since then. The maximum civil penalty in Section 1109(c) for violations that do not constitute a serious threat to the health and safety of a resident was set at $10,000 in 1998, but was later reduced to $5,000 in 2000, and has not been increased since then. This Act also repeals the provision which places a cap on the civil penalties for continuing violations.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG TERM CARE FACILITIES AND SERVICES AND CIVIL PENALTIES.
SS 1 for SB 174SignedGayThis Act is a substitute for Senate Bill No. 174. Like Senate Bill No. 174, this Act adds Justices of the Peace, Commissioners in Superior Court, Family Court, and Court of Common Pleas, and Magistrates in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Members of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Magistrates in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Magistrates in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act also increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act also establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Magistrate in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act also includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. Like Senate Bill No. 174, this Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then. This Act differs from Senate Bill No. 174 as follows: (1) By updating the title “Master in Chancery” to “Magistrate in Chancery”, based on the passage of Senate Bill No. 179 (152nd General Assembly). (2) By changing the definition of “Commissioner” to define the term based on the Code sections authorizing the appointment of a Commissioner, rather than the powers of a Commissioner. (3) By clarifying that a Justice of the Peace, Commissioner, or Magistrate in Chancery who qualifies for the State Judicial Pension Plan on the effective date of this Act and elects to be covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period. (4) By renaming the title of Chapter 56, Title 29 of the Delaware Code to reflect changes made by this Act. (5) By changing the effective date of this Act to January 1, 2025.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PENSIONS FOR THE STATE JUDICIARY.
HB 329 w/ HA 4SignedHilovskyThis Act addresses the growing concern over the safety of emergency responders. It increases the penalties for persons who violate this section, which requires drivers to yield the right of way to an emergency vehicle making use of audible or visual signals, or a police vehicle using an audible signal only. The fines are increased and after two penalties, a person who violates this section will be subject to a 90-day suspension of their driver’s license. This change in fines and loss of driving privileges increases the penalty to make this a serious offense. This Act also clarifies that a driver who is unable to safely yield the right of way must slow to at least 20 miles per hour less than the posted speed limit. There have been numerous accidents causing personal injury and even death by inattentive drivers. Hopefully, this will help improve awareness and safety and avoid putting our Police, Fire, Ambulance, Paramedics, Fire Police, DelDOT employees, tow truck operators , utility crews and the distressed citizen broken down on our highways in jeopardy.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.
SJR 6 w/ HA 1SignedS. McBrideThis resolution directs health care professional licensure boards to review their existing professional licensure application language to revise or remove all intrusive and stigmatizing language around mental health care and treatment and replace it with language that meets the threshold requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990), by focusing on present functional impairment and the ability to perform the essential requirements of the applicant’s profession with or without a reasonable accommodation. This resolution builds on the progress that the State of Delaware made in removing structural barriers to clinicians seeking mental health and wellbeing treatment through the enactment of Senate Bill 300 in 2022. The resolution also directs each licensure board and the Division of Professional Regulation to submit a report to the General Assembly by February 28, 2025 regarding the boards' review of their applications and certifying that the applications comply with the Americans with Disabilities Act.DIRECTING CERTAIN PROFESSIONAL LICENSURE BOARDS TO REVIEW AND REVISE APPLICATIONS FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND DIRECTING THE LICENSURE BOARDS AND THE DEPARTMENT OF JUSTICE TO PROVIDE REPORTS.
SB 237SignedHansenThis Act amends the provisions in Title 9 of the Delaware Code relating to the county comprehensive plans for Sussex, Kent, and New Castle Counties, and Title 22 of the Delaware Code relating to municipal comprehensive plans for municipalities with populations greater than 2,000, to require that their comprehensive plans increase community resiliency and address the impacts of climate change. The Delaware Code provisions regarding county comprehensive plans are being amended to require that future land use plans reflect strategies that consider community resiliency and reduce the vulnerability of property, agriculture, infrastructure, and cultural and natural resources from the impacts of climate change, including extreme weather events, and that those strategies be informed by the Delaware Climate Action Plan and Implementation Plans as amended, and in consultation with the Office of State Planning and Coordination. The new provisions add “walking trails” to the mobility element to be considered, and require that consideration be given to alternatives to auto-centric development patterns, including transit services. County comprehensive plans must be consistent with the State Implementation Plan and consider designated State evacuation routes. The county comprehensive plans must also consider forests, habitat areas, and wildlife corridors. The housing element for county comprehensive plans must consider anticipated growth areas and be in conformance with the strategies reflected in future land use plans and encourage the development of new housing growth away from areas vulnerable to inland and coastal flooding. This Act will not take effect until November 15, 2026.AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO COMPREHENSIVE PLANNING.
SB 273SignedBucksonThis Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales. To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act. This Act goes into effect on enactment and is to be implemented the earlier of the following: (1) 1 year from the date of the Act’s enactment. (2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted. This Act may be cited as “The Consumer Choice Milk Act“. AN ACT TO AMEND TITLE 3 AND TITLE 16 OF THE DELAWARE CODE RELATING TO MILK AND MILK PRODUCTS.
HS 1 for HB 342SignedMorrisonThis Act creates a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpose of being prohibited from obtaining a firearm. An individual on the Registry may request removal from the Registry no sooner than 30 days after the individual is entered on the registry. Once an individual requests removal from the Registry, the individual must be removed from the Registry no sooner than 30 days after the removal request. A person who transfers a firearm to an individual in violation of this section is guilty of a class A misdemeanor for a first offense and a class G felony for a subsequent offense. An individual who makes a false statement or representation regarding their identity when requesting inclusion or removal from the Registry shall be guilty of a class A misdemeanor. House Substitute No. 1 for House Bill No. 342 differs from House Bill No. 342 as follows: (1) Defines the terms “firearm” and “transfer” to increase clarity and ensure consistency with other parts of the Code; (2) Clarifies that unlicensed persons are also prohibited from selling a firearm to an individual enrolled on the Registry; (3) Requires a licensed dealer to facilitate the Registry check on behalf of the unlicensed seller in the same way it completes a background check on behalf of the unlicensed seller under § 904A of Title 24; (4) Clarifies that a person, rather than an individual, may be liable for selling a firearm to an individual enrolled on the Registry; (5) Clarifies that a person must knowingly sell or transfer a firearm to an individual on the Registry to be in violation of this Act; and (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLES 11 AND 24 OF THE DELAWARE CODE RELATING TO THE VOLUNTARY FIREARMS DO-NOT-SELL REGISTRY ACT.
SB 298 w/ SA 1SignedMantzavinosThis Act amends the Charter of the Town of Newport in the following ways: Section 1 of the Act amends Article III of the Charter pertaining to the Mayor and Commissioners. It provides that the Mayor and Commissioners may discuss matters pertaining to the appointment of Town administrative officers or employees with the Town Manager in Executive Session. In addition, the Charter currently provides that the Mayor and Commissioners may deal with Town officers and employees directly for the purposes of inquiries and investigations; Section 1 eliminates this exception and requires the Mayor and Commissioners to deal with such officers and employees through the Town Manager for all purposes. Section 1 also modifies the criteria for which a Mayor or Commissioner forfeits office based on attendance of meetings: while currently the Charter provides that a Mayor or Commissioner forfeits office for failure to attend 3 successive monthly meetings or 4 regular meetings in a 12-month period, Section 1 provides only that failure to attend 4 regular meetings in a 12-month period will result in forfeiture. Finally, Section 1 eliminates the requirement for the Mayor and Commissioners to meet in July and August. Section 2 of the Act amends Article IV of the Charter pertaining to assessment of property and taxes. It streamlines the procedures for how the Town may use property assessments performed by New Castle County. Section 3 of the Act amends Article VI of the Charter pertaining to finances and indebtedness. It eliminates certain requirements for a capital improvement plan submitted by the Town Manager to the Commissioners. Section 4 of the Act amends Article VI of the Charter pertaining to Town Appointive Offices. It eliminates certain actions required to be taken by the Mayor in the event that the Town chooses not to use property assessments performed by the county. In addition, Section 4 provides that the Town Manager, rather than the Mayor, may appoint a Town Building Inspector, and eliminates the separate position of "Town Plumbing Inspector." Section 5 of the Act amends Article VIII of the Charter pertaining to Election rules and Procedure. It provides that the Town Clerk or Town Manager must give notice of any election or referendum. Section 5 also requires a criminal background check of all candidates seeking election as Commissioner, at the candidates' expense; a successful candidate may be reimbursed for the cost of the background check up to $75. Finally, Section 5 provides that the Town will use the State's voter registration rolls and eliminates any provision for absentee voting. Section 6 of the Act amends Article IX of the Charter pertaining to the Town Manager. Consistent with the changes made in Section 3 of the Act, Section 6 eliminates the requirement that the Town Manager submit a capital plan to the Commissioners. Section 7 of the Act amends Article X of the Charter pertaining to Town Administration. It provides that the Chief of Police, rather than the Commissioners, will have the power to implement policies for governing the Police Department. Section 7 also provides that the Police Department will have statewide police arrest and enforcement powers equivalent to those held by a member of the Delaware State Police, subject to certain terms. In addition, Section 7 removes the provisions for a Town Board of Health. Section 8 of the Act amends Article XI of the Charter pertaining to Planning. It removes the provisions for a Town Planning Commission and provides that the Commissioners must adopt a comprehensive development plan at least every 10 years. Section 9 of the Act amends Article XII of the Charter pertaining to General Provisions and, specifically, to Charter Amendments. It eliminates the requirement for a Town referendum on amendments to the Charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF NEWPORT.
SCR 167PassedSokolaThis Act creates the Study Group to Review and Recommend Compensatory Payments for Certain Tax-Exempt Properties Owned by the State to review and evaluate § 8318 of Title 29 and make recommendations regarding the eligibility criteria that should be used to determine which municipalities to receive compensatory payments for tax-exempt property owned by this State ("compensatory payments"), the amount that should be appropriated for compensatory payments, the formulas used to calculate compensatory payments, and how to periodically review this appropriation, eligibility criteria, and formulas no less than every 10 years.ESTABLISHING A STUDY GROUP TO REVIEW AND RECOMMEND COMPENSATORY PAYMENTS FOR CERTAIN TAX-EXEMPT PROPERTIES OWNED BY THE STATE.
SB 308SignedGayThis Act adopts the Uniform Special Deposits Act (“the Act”) authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2023 and has been adopted in 2 states and introduced in 3 other states. The Act addresses deposits at a bank where the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time that the deposit is created. An example of such an account is an escrow account holding funds that will be paid to one of two potential beneficiaries depending on the outcome of a contingency. Although such accounts are commonly used, the legal protections afforded them are uncertain. The fundamental purpose of the Uniform Special Deposits Act is to provide a vehicle that banks and their customers can elect to use providing greater legal certainty that the expectations of users will be respected. The Act provides a mechanism those that elect to be covered by the Act can use to avoid case law applied to special deposits that is murky and in some ways outdated in the context of modern banking. In determining whether a person is engaged in the business of banking to be considered a bank for purposes of the Act, the business of banking is intended to be construed broadly to include persons that may engage in limited functions that are part of or incidental to the business of banking, such as a trust company that engages in fiduciary and agency activities and has the power and authority to accept a special deposit. This Act takes effect on January 1, 2025.AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE UNIFORM SPECIAL DEPOSITS ACT.
SS 1 for SB 307SignedTownsend This substitute bill for Senate Bill No. 307 clarifies the meaning of custom fabrication as first defined in Senate Substitute 1 for Senate Bill No. 102 in the 152nd General Assembly. That substitute bill modified the relationship between custom fabrication and the prevailing wage. This substitute removes custom fabrication as a term in Title 19 to avoid confusion of the term being defined differently in two different titles. Section 3 of this substitute bill becomes effective immediately. Sections 1, 2 and 4 of this substitute bill become effective January 1, 2025. AN ACT TO AMEND TITLE 19 AND TITLE 29 RELATING TO PREVAILING WAGE AND CUSTOM FABRICATION.
SS 1 for SB 254SignedBrownThis Act creates the Delaware Grocery Initiative. The Delaware Grocery Initiative is a healthy foods initiative that seeks to provide financial assistance to eligible food resources as designated by the bill. The Act defines food deserts and eligibility requirements for the initiative. The Act authorizes the Division of Small Business to implement the grant and financial support system. This substitute bill does the following: 1. Adds the following terms in the definition section of the Act: Council, food resource, Healthy Foods Retail Initiative, Program, and specialty grocer. 2. Modifies the definition of food desert. 3. Removes terms of grocery store, rural tract, and urban tract in lieu of the new definitions of food resource and food desert. 4. Designates the Division of Small Business, instead of the Office of State Planning, as theagency authorized to implement the Delaware Grocery Initiative and authorizes the Division of Small Business to adopt rules. 5. Replaces the grocery and food desert study with a food access strategy. 6. Subject to appropriation, creates a food access strategy to address food insecurity and requires submission of a report to the General Assembly and the Governor by June 1, 2025.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FOOD DESERTS.
SS 1 for SB 266SignedMantzavinosSenate Substitute 1 for SB 266 clarifies the process and roles of the Attorney General, State Escheator, and Secretary of State in actions under the Delaware False Claims and Reporting Act (DFCRA) for failure to comply with reporting requirements of the Delaware Unclaimed Property Law (UPL). The government, through the Attorney General, may bring such an action after a 120-day period during which the State Escheator may initiate an examination or within the 120-day period, with the State Escheator's consent. In addition, SS 1 clarifies how a whistleblower may submit information regarding a violation of the reporting requirements of the UPL and defines what payment a whistleblower may receive, in the event the State receives payment as a result of the whistleblower's information. SS 1 differs from SB 266 in that it sets forth specific criteria that must be satisfied in order for the Attorney General to bring an action for violation of the reporting requirements of the UPL. AN ACT TO AMEND TITLE 6 AND TITLE 12 OF THE DELAWARE CODE RELATING TO UNCLAIMED PROPERTY.
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.
SCR 193PassedBucksonThis Senate Concurrent Resolution directs the DIAA to analyze data regarding the disparity in public and private school team championship sanctioned events.DIRECTING THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION (DIAA) TO ANALYZE DATA REGARDING THE DISPARITY IN PUBLIC AND PRIVATE SCHOOL TEAM CHAMPIONSHIP SANCTIONED EVENTS.
SCR 194PassedWilsonThis Senate Concurrent Resolution designates October 12, 2024, at "National Farmer's Day" in the State of Delaware.DESIGNATING OCTOBER 12, 2024, AS "NATIONAL FARMER'S DAY" IN THE STATE OF DELAWARE.
SCR 201PassedSturgeonThis Concurrent Resolution establishes the Public Education Funding Commission to continue the comprehensive review of public education funding for all students and populations served by district and charter schools, develop a roadmap of recommendations to implement improvements to the public education funding system, and serve as an ongoing body to review the funding annually and recommend updates and changes. The Commission will hold its first meeting by October 1, 2024, and issue its first recommendations by October 1, 2025, so the recommendations may be considered for inclusion in the Governor’s recommended Fiscal Year 2027 budget.ESTABLISHING THE PUBLIC EDUCATION FUNDING COMMISSION.
SCR 202PassedGayThis resolution congratulates the winning teams from the 2024 Delaware High School Mock Trial Program.CONGRATULATING THE WINNERS OF THE 33RD ANNUAL DELAWARE HIGH SCHOOL MOCK TRIAL PROGRAM.
SCR 200PassedRichardsonBecause of the serious consequences of the drug overdose epidemic, this Senate Concurrent Resolution respectfully requests a report from the Delaware Department of Education to follow up on the recommendations contained in the 154-page Delaware Drug Prevention Curriculum Task Force Report.REQUESTING A REPORT FROM THE DELAWARE DEPARTMENT OF EDUCATION TO FOLLOW UP ON THE RECOMMENDATIONS CONTAINED IN THE 154-PAGE DELAWARE DRUG PREVENTION CURRICULUM TASK FORCE REPORT.
SCR 204PassedPooreThis Resolution designates July 26, 2024, as “Americans with Disabilities Act Day” in the State of Delaware.DESIGNATING JULY 26, 2024, AS “AMERICANS WITH DISABILITIES ACT DAY” IN THE STATE OF DELAWARE.
SCR 203PassedPooreThis resolution recognizes and affirms the importance of awareness and action on the need for universally accessible housing in Delaware through pending legislation.ACKNOWLEDGING THE ACCESSIBLE HOUSING SHORTAGE FOR PERSONS WITH DISABILITIES IN DELAWARE AND DIRECTING THE INTRODUCTION OF LEGISLATION RELATED TO UNIVERSALLY ACCESSIBLE HOUSING.
SCR 205PassedMantzavinosThis Senate Concurrent Resolution directs the Delaware Division of Public Health to develop and release a strategic plan to implement a public health outreach campaign to assess trends, possible messaging, cost of messaging and delivery to communities of need, service needs, resources, and strategies to educate healthcare providers on Alzheimer's Disease and related dementias. In crafting the strategic plan, the Division of Public Health is directed to collaborate with various stakeholders, and the plan must include a strategy for identifying and pursuing federal funding opportunities. Finally, the Division of Public Health is directed to submit the strategic plan to the Governor, all members of the General Assembly, the Controller General, and the Director of the Office of Management and Budget no later than November 1, 2024. DIRECTING THE DELAWARE DIVISION OF PUBLIC HEALTH TO DEVELOP A PLAN CONDUCTING A STATEWIDE PUBLIC HEALTH OUTREACH CAMPAIGN RELATED TO ALZHEIMER’S DISEASE OR RELATED DEMENTIAS.
HA 1 to SJR 6PassedLonghurstThis Amendment changes the date that professional licensing boards must review and revise licensure, certification, and registration applications, from January 31, 2024 to January 31, 2025. 
HA 2 to SJR 4PassedBushThis Amendment clarifies that the DMV must opt into the federal exemption no later than 14 days after the enactment of this Senate Joint Resolution.  
HA 4 to HB 329PassedHilovskyThis amendment allows a sentence of community service to be assigned instead of a fine for an equivalent value of work based on the Delaware minimum wage. It also requires the Department of Transportation to update the Driver's Manual within a year of enactment of this Act and encourages other organizations to raise awareness of a driver's duties under this section. It also makes adjustments to the fines established in this Act. It also clarifies that a person must reduce the speed of their vehicle to at least 20 miles per hour less than the posted speed limit when approaching a stationary vehicle, when the speed limit is 50 miles per hour or above. 

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