Daily Report for 6/30/2024

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 206DefeatedRichardsonThis Senate Concurrent Resolution establishes the Delaware Restoring the Family Unit Task Force.ESTABLISHING THE DELAWARE RESTORING THE FAMILY UNIT TASK FORCE.
HR 35Passed HouseParker SelbyThis House Resolution designates June, 2024 as Black Music Appreciation Month in Delaware.DESIGNATING JUNE, 2024 AS BLACK MUSIC APPRECIATION MONTH .
SR 22DefeatedBucksonThis Senate Resolution encourages Senate leadership to consider a nonpartisan seating arrangement in the Senate Chamber for future General Assemblies.REQUESTING SENATE LEADERSHIP CONSIDER NONPARTISAN SEATING ARRANGEMENTS IN THE SENATE CHAMBER FOR FUTURE GENERAL ASSEMBLIES.
SR 24Passed SenatePooreThis resolution recognizes the State’s role in assisting the general public in accessing the right level of medical care efficiently and effectively and, specifically, the growing role of urgent care centers in alleviating the burden on the overall healthcare system. The resolution directs the Delaware Department of Health to perform a comprehensive landscape analysis of urgent care centers and submit recommendations on how best to educate the public on choosing the appropriate healthcare setting and the consideration of the development of an Advanced Urgent Care model. This report is due to the General Assembly by January 1, 2025.ADDRESSING THE PUBLIC HEALTH NEED ON IDENTIFICATION OF THE APPROPRIATE LEVEL OF HEALTHCARE BY DIRECTING THE DEPARTMENT OF HEALTH TO PERFORM A LANDSCAPE ANALYSIS OF URGENT CARE CENTERS IN THE STATE.
HB 465CommitteeBushThis Act provides resources to microbusinesses that could be successful but lack sufficient resources to effectively implement their business plans. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MICROBUSINESSES.
SR 25Passed SenateGayThis Resolution directs the Department of Health and Social Services to prepare reports on the Purchase of Care Program and directs the Department of Education to prepare reports on the child care capacity.DIRECTING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND DEPARTMENT OF EDUCATION TO PREPARE REPORTS ON DEMOGRAPHIC DATA IN EARLY CHILD CARE AND EDUCATION POPULATIONS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 86SignedGriffithThis Act establishes a right to counsel for indigent parents in DSCYF custody proceedings. Parent representation will primarily be provided by a legal services entity contracted with the Family Court, but may also be provided by the Office of Defense Services or a private attorney appointed by the Court. AN ACT TO AMEND TITLES 13 AND 29 OF THE DELAWARE CODE RELATING TO REPRESENTATION OF INDIGENT PERSONS IN CIVIL PROCEEDINGS.
HB 155 w/ HA 3, HA 1 to HA 3 + SA 1 + HA 4SignedGriffithThis bill makes the unsafe storage of a firearm in a vehicle a class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk. This bill also provides that compliance with unsafe storage of a firearm in a vehicle is a defense to carrying a concealed deadly weapon. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING DEADLY WEAPONS AND DANGEROUS INSTRUMENTS.
HB 223 w/ HA 2, HA 3SignedMinor-BrownThis Act amends the continuing education requirements for nursing professionals, mandating that all nursing professionals receive at least one hour of continuing education in each reporting period on the recognition of sexual or physical abuse, exploitation, or domestic violence of vulnerable populations, or on the reporting obligations under the rules and regulations of the Board of Nursing. The Act removes the requirement for nursing professionals who work in adult gerontology to complete continuing education on the topic of diagnosis, treatment, and care of patients with Alzheimer's disease or other dementias.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO CONTINUING EDUCATION FOR NURSING PROFESSIONALS.
HB 264SignedK. WilliamsThis Act makes the crime of “patronizing a prostitute” a class E felony rather than a misdemeanor where the person from whom prostitution is sought is a minor.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PATRONIZING A PROSTITUTE.
HB 291 w/ HA 2SignedMorrisonThis Act requires that a candidate’s political committee’s contribution and expense report, provided to the Department of Elections, include the primary employer and job title of each person contributing to the committee. This Act also requires the Department of Elections to provide a telephone number and online form for reporting alleged campaign financing violations. The informant must provide their name and contact information to the Department. The information provided to the Department is not to be considered a public record under FOIA. This Act also allows reporting parties who unintentionally receive a prohibited contribution or make a prohibited expenditure to return or reimburse the contribution or pay the contribution to the State Treasurer. This Act also eliminates the ability of anyone who makes or accepts a prohibited campaign contribution from donating the money to a designated Title 30 charitable organization. The Act requires anyone who knowingly accepts an unlawful campaign contribution to pay the money to the State Treasurer for deposit to the General Fund.AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.
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".
HB 297 w/ HA 1SignedShupeDue to the rapidly increasing costs of materials and labor, combined with the frequency in which developers have gone out of business or otherwise been unable to complete work required within developments, this Act increases the funding required to be secured by a developer to ensure the developer fulfills the developer's obligations to construct and complete improvements within a subdivision. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE CONSTRUCTION AND ACCEPTANCE OF NEW ROADS AND STREETS FOR STATE MAINTENANCE.
HB 310 w/ HA 1SignedChukwuochaThe United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLES 6, 14, AND 29 OF THE DELAWARE CODE RELATING TO THE UNITED STATES SPACE FORCE.
HB 298 w/ HA 1SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of Adult Protective Services. This Act creates the Vulnerable Adult Populations Commission (“Commission”), whose purpose is to improve the response to and reduce the incidents of vulnerable adult abuse, neglect, or exploitation in this State. The Commission will be comprised of several members from key state agencies, legislators, and the private sector. The Commission’s duties include: (1) Studying Delaware court services and procedures, law enforcement procedures and protocols, and criminal justice data collection and analysis, as they relate to vulnerable adult abuse, neglect, or exploitation. (2) Effectuate coordination among Delaware agencies, departments, and courts to benefit victims of vulnerable adult abuse, neglect, or exploitation. (3) Promote effective prevention, intervention, and service provision based on research and data. (4) Recommend standards to state agencies and departments regarding programs and services that serve perpetrators or victims of vulnerable adult abuse, neglect, or exploitation. (5) Review and provide feedback on legislation relating to vulnerable adult abuse, neglect, or exploitation. (6) Submit an annual, written report to the Governor, General Assembly, Delaware Supreme Court, and the Director and Librarian of the Division of Research.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE VULNERABLE ADULT POPULATIONS COMMISSION.
HB 14 w/ HA 1SignedCarsonThis Act creates a new license for the use of trotlines in commercial crabbing. This Act prohibits a person from possessing a commercial crab pot license and trotline license at the same time. This Act requires a 3/5 vote by each chamber because it creates a license fee pursuant to Section 11(a) of Article VIII of the Delaware Constitution.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TROTLINE LICENSES.
HB 312SignedK. WilliamsSchool board members are currently required to engage both in financial responsibility training and a training to understand educational and legal issues about due process and special education. This Act will require that a school board president inform each new member of the board of the training obligation. A school board president must also send a letter by January 15 of every year to any school board member who has not fulfilled the training obligation by January 1 following that member’s election or appointment. The Act also makes the special education due process training requirement explicit in the Code for members of a charter school board of directors as well as members of a traditional or vocational technical district school board. This training is already required for charter schools by regulation.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.
HB 16 w/ HA 1SignedLonghurstThis Act requires that Medicaid and State employee health plans cover: (1) ovarian cancer monitoring tests for women treated for ovarian cancer; and (2) annual screening tests for women at risk for ovarian cancer.AN ACT TO AMEND TITLES 29 AND 31 OF THE DELAWARE CODE RELATING TO OVARIAN CANCER.
SB 236 w/ HA 1SignedHansenThis bill: (a) extends the expiration date for any new issuance or renewal of an ADA placard from 3 years to 8 years for a specific person with a diagnosis of a permanent disability and changing the minimum age from 85 to 80 years or older, (b) extends the validity for a temporary disability from 5 weeks to 180 days, and (c) defines additional medical professionals acceptable to certify a disability application.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LICENSE PLATES AND PARKING PERMITS.
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".
HB 319 w/ HA 3SignedMorrisonThis Act requires the Department of Human Resources to develop an executive branch policy restricting nepotism in state employment and prohibiting supervision of a state employee by a relative. It further requires the legislative and judicial branches, as well as offices headed by other elected officials to develop and implement comparable policies.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PROHIBITIONS ON NEPOTISM IN STATE EMPLOYMENT.
HCR 88PassedParker SelbyThis Concurrent Resolution designates March 8th, 2024 as International Women’s Day in Delaware.DESIGNATING MARCH 8TH, 2024 AS INTERNATIONAL WOMEN’S DAY IN DELAWARE.
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.
HB 330 w/ HA 1SignedBaumbachThis Act increases the amount of the annual appropriation to prefund future State employee retiree health insurance as recommended by the Retiree Healthcare Benefits Advisory Subcommittee of the State Employee Benefits Committee. Like other required contributions to the Other Post-Employment Benefits Fund (OPEB) Fund, this appropriation must be included in the review of and plan for proposed expenditures that the Director of the Office of Management and Budget submits to the Governor and in the Governor's Budget Appropriation Bill. This Act also revises existing law to allow the current practice of making the annual payment to the OPEB Fund of 1% of the operating budget appropriations for the prior fiscal year in a Supplementary Appropriation Bill and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO APPROPRIATIONS FOR RETIREE HEALTH INSURANCE.
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.
HB 340SignedGriffithThis Act authorizes the creation of Family Justice Centers within Delaware to provide victims of crime with a single source to obtain resources and support services.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FAMILY JUSTICE CENTERS.
SB 246 w/ SA 1 + HA 1SignedHuxtableFor over 30 years, the Delaware State Housing Authority (DSHA) has invested in home repair programs that make necessary repairs to improve the health and safety conditions in the homes of Delawareans. This Act codifies a “Housing Repair and Modification Fund,” which will be administered by DSHA and serve low- and very-low income homeowners in need of home repair assistance.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE HOUSING REPAIR AND MODIFICATION FUND.
HB 363SignedMorrisonThis Act requires a landlord who provides a dwelling place to a person as part of their employment compensation to provide them with a disclosure form advising them of the conditions and requirements for occupancy and vacancy of the premises once they are no longer employed for the landlord. The disclosure must inform the tenant employee that the landlord must offer the tenant, within 5 business days of termination by the employer, the opportunity to enter into a written rental agreement, if no rental agreement is in effect already. No offer for a rental agreement is necessary if the tenant employee is terminated for cause. The landlord may condition the rental agreement on the person financially qualifying as a tenant and meeting the landlord’s income, credit, or other financial requirements for renting the unit. This Act also lengthens the time period the landlord must wait before bringing a summary possession action against a formerly employed tenant from 15 days to 30 days unless the termination is for cause.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RIGHTS OF TENANT EMPLOYEES.
HCR 121PassedNealThis Concurrent Resolution dedicates the month of April 2024 as "Financial Literacy Month" in the State of Delaware.DEDICATING THE MONTH OF APRIL 2024 AS “FINANCIAL LITERACY MONTH”.
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 296 w/ HA 1SignedGayThis Act amends the Delaware Antitrust Act (“DAA”) (Chapter 21, Title 6 of the Code) to provide indirect purchasers who have been harmed by violations of the Delaware Antitrust Act the ability to sue for damages. Indirect purchasers of a product or service in the chain of distribution are often the ones who bear the burden of any overcharges from antitrust violations such as price-fixing. Direct purchasers and others in the chain of distribution of the affected product or service often have the ability to pass the overcharge through the chain of distribution to end users. This will align Delaware with at least 36 other states which currently allow for a cause of action for damages for indirect purchasers. Often, end users who make purchases in Delaware, primarily Delaware residents and businesses, are excluded from making claims against multimillion dollar settlement funds set up to compensate indirect purchasers for transactions made in other states that do authorize lawsuits for damages for indirect purchasers. To avoid complicated proof issues related to the pass through of any overcharge through the chain of distribution of a product or service, the Act creates a presumption that any overcharge paid by the first purchaser as a result of a violation of the DAA is passed through to the end user. Also, to simplify issues of proof, the Act provides a plaintiff may elect 25% of the consideration paid for the goods or services in connection with the transaction affected by an illegal restraint of trade as an alternative liquidated damage amount to actual harm. To allow Delaware consumers and businesses to fully take advantage of the remedies provided by this Act, the Act creates a private right of action. Delaware is one of only 2 states that do not provide for a private right of action under their state antitrust law of general applicability. Currently, only the Attorney General has a right to bring actions under the DAA and the Attorney General does not have the resources to review or participate in every national antitrust action. This will ensure Delaware indirect purchasers receive the benefits of private enforcement of the DAA. Section 2 of the Act creates a Delaware state law equivalent to Section 2 of the Sherman Antitrust Act, the federal antitrust statute, which establishes three offenses commonly termed “monopolization,” “attempted monopolization,” and “conspiracy to monopolize.” Delaware is only 1 of 9 states that does not have a state law equivalent to Section 2 of the Sherman Act and its addition to the DAA is needed to ensure the remedies under the DAA including a right of recovery for indirect purchasers are available to the Attorney General and to Delaware consumers and businesses. Section 3 of the Act modifies the confidentiality restrictions of materials produced to the Attorney General pursuant to an investigative demand. It would allow for the materials to be shared with the Attorney General’s agents such as consultants, experts, electronic discovery platform vendors and economists which would be necessary for the Attorney General to decide on whether the law has been violated and how best to remedy the violation. The Act would also allow the Attorney General to share materials produced pursuant to an investigative demand with federal or state law enforcement officers that agree to keep the information confidential and use it only for official law enforcement purposes. Likewise, the Act requires the Attorney General to keep materials provided by other law enforcement officers received under similar process confidential. These provisions will make it easier for the Attorney General to work together with other federal and state law enforcers in enforcing state and federal antitrust laws. Section 4 of the Act provides an alternative calculation for civil penalties for violations of the Delaware Antitrust Act. Under certain facts and circumstances, the current maximum penalty for a violation of the DAA may be lower than the amount of the gain a violator may obtain by violating the DAA making any penalty a cost of doing business and an insufficient deterrent to violate the law. The alternative calculation provides for an assessment of a civil penalty of up to twice the gross gain or loss associated with the violation. This is like the alternative method for calculating federal criminal fines for the same conduct. Section 4 also authorizes a Court to award investigative costs, expert witness fees, and attorneys’ fees to the Attorney General when the Attorney General successfully brings a law enforcement action to enforce the DAA. Currently, a Court may only award attorney’s fees and expert costs to the Attorney General when the Attorney General brings an action on behalf of a public body or natural persons. Section 5 of the Act creates a right for indirect purchasers who have been harmed by violations of the DAA to sue for damages. It creates a presumption that overcharges paid by the first purchaser as a result of such violations are passed to the end user, and allows a plaintiff to seek liquidated damages in the amount of 25% of the consideration paid, as an alternative to seeking damages for actual harm incurred. Section 6 of the Act clarifies that the Court of Chancery has exclusive jurisdiction of all state court actions or proceedings under the DAA. The Act also makes several clarifications throughout the DAA to recognize it is often federal courts exercising supplemental jurisdiction deciding claims arising under the DAA.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO ANTITRUST.
HB 397SignedMatthewsThe purpose of this Act is to reduce the cost to the State in addressing ownership of land encumbered by public right-of-way permanent easements when the land has been abandoned by a prior owner and a current owner cannot be located. This Act will allow the Department, in the name of the State, to obtain fee simple ownership of land encumbered by right-of-ways, previously conveyed to the Department by permanent easement, when such right-of-ways are part of a current Department project. This Act requires the Department to promulgate regulations to establish the procedures for establishing that the land has been abandoned and for recording its fee simple ownership of the land.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF DEPARTMENT OF TRANSPORTATION OWNERSHIP OF ABANDONED LAND ENCUMBERED BY THE DEPARTMENT’S RIGHT-OF-WAY EASEMENTS.
HB 404 w/ HA 1SignedCarsonTo address the significant spread and impact of Lyme Disease in Delaware, this bill creates a Lyme Disease intervention fund. The fund shall be overseen by the Department of Agriculture and shall have the goal of reducing the prevalence of Lyme disease and potential for contracting Lyme disease on State owned lands. The Department shall investigate the best ways to do that, focusing on ones that are the most effective, environmentally sensitive, and innovative. The Department of Agriculture will coordinate its efforts in the administration of the fund with the Division of Public Health and the Department of Natural Resources. The Joint Finance Committee shall determine the yearly amount of the fund.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LYME DISEASE.
SS 1 for SB 269 w/ HA 1, HA 1 to HA 1SignedTownsendThis Act simplifies and in some cases increases the civil penalties for violations of laws related to dogs that run at large, dogs that bite a human being or domestic animal while running at large, and dogs that are designated as dangerous or potentially dangerous. It also expands the requirements for keeping or maintaining a dangerous or potentially dangerous dog to include provisions related to licensing, vaccination, microchipping, and leashing. The Act also makes changes to procedures of the Department of Health and Social Services (“the Department”) relating to dogs, including the following: (1) It removes an unused provision requiring that notification of the impoundment of a running at large dog be made to the dog owner in writing. (2) It gives the Department 15 days, rather than 5 days, to file a civil action after impounding a dog and identifying and informing the dog owner. (3) It changes from 48 to 24 the number of hours that an individual can confine a dog that is not the individual’s own before contacting the Department to report the dog. Senate Substitute No. 1 for Senate Bill No. 269 differs from Senate Bill No. 269 as follows: (1) It removes a provision that would have increased the amount of liability insurance that a dangerous dog owner must carry. (2) It expands the definition of “serious physical injury” to include injuries that pose serious or prolonged impairment to health and serious or prolonged loss or impairment of the function of any bodily organ. (3) It removes inaccurate cross-references from § 3074F and replaces them with references to the entire chapter. (4) It provides that a dog will not be considered dangerous or potentially dangerous if it injures a human being who is teasing, tormenting, abusing, or assaulting the dog’s owner or its offspring, in addition to the dog. The current § 3074F only allows this exception for torment, abuse, or assault of the dog itself. (5) It changes one of the criteria for declaring a dog dangerous to provide that the injury to the human being must be a serious physical injury. (6) It adds the definition of “domestic animal” that appears in § 3071F to § 3041F. (7) Throughout the bill, it changes “person” to “human being” when needed for accuracy and consistency. Senate Substitute No. 1 for Senate Bill No. 269 Act also corrects minor technical errors in Senate Bill No. 269 and makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO DOGS.
SS 3 for SB 169 w/ HA 1SignedHoffnerThis Act creates the Delaware Wrongful Conviction Compensation and Service Act. The Act provides compensation and reintegration services to individuals who have served sentences of incarceration, wrongful incarceration in a psychiatric institution, parole, probation, and sex offender registration in the State for crimes that they did not commit. An individual claiming wrongful conviction or, if deceased, that individual's heirs, may bring a petition for compensation in Delaware Superior Court. A petitioner who makes the required showing is entitled to damages based on the type and period of wrongful incarceration, probation, parole, or registration, and other amounts, such as reasonable attorney fees in obtaining relief, subject to requirements of proof. However, a petitioner is not entitled to such compensation if the Department of Justice establishes that the petitioner was an accomplice in the commission of the crime or that the petitioner intentionally and voluntarily caused the conviction at issue by committing perjury or fabricating evidence at trial in order to prevent the conviction of the true perpetrator. In addition, an individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction is entitled to emergency assistance and services. Senate Substitute 3 for SB 169 differs from SS 2 for SB 169 in that it provides that a petitioner who served time in a psychiatric institution is eligible to apply for relief. Senate Substitute 3 for SB 169 also provides that in all cases, in order to be compensated, a petitioner must establish by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the conviction or that there was no crime committed. This provision differs from Senate Substitute 2, which required this showing only for a petitioner who entered a Robinson plea or entered a plea of no contest. In addition, Senate Substitute 3 for SB 169 provides that persons who were pardoned are not eligible for post-release services under the Act. Finally, Senate Substitute 3 for SB 169 provides that any award under the Act must be offset by any amounts the petitioner has recovered in a civil action or settlement of a civil action for wrongful conviction or imprisonment. If, after receiving an award under the Act, a petitioner subsequently recovers in such a civil action or settlement, the petitioner must reimburse the State to the extent of the amounts awarded in the civil action or settlement of the civil action.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL CONVICTION COMPENSATION AND SERVICES.
SB 311 w/ HA 1SignedSokolaThis bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14 and provides the ability for charter schools to hire the administrators that they deem beneficial to the success of the school’s education program and the needs of students and staff. To that end, the bill defines “Instructional Administrator” and “Non-instructional Administrator” at a charter school. The bill clarifies that all Instructional Administrators at charter schools must be licensed and certified as administrators while Non-instructional Administrators do not. The bill also exempts the charter school administrator who reports directly to the Charter Board of Directors from the licensure and certification requirement and allows a charter school to request permission from the charter authorizer to hire an additional unlicensed and uncertified administrator. Section 2 requires that the Professional Standards Board work with the Delaware Charter Schools Network and the Department of Education to provide for any regulatory changes necessary to implement the legislation. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
HB 416SignedDukesThis Act raises the gross vehicle weight rating (GVWR) of a low-speed vehicle from less than 2,500 pounds to 3,000 pounds or less.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LOW-SPEED VEHICLES.
HB 414SignedCollinsThis Bill amends the Charter of the Town of Frankford. In Section 15 of the Charter, it allows the town of Frankford to levy a Real Estate Transfer Tax up to one and a half percent of the sale price, as opposed to the current provision, which allows for one percent of the sale price.AN ACT TO AMEND THE CHARTER OF THE TOWN OF FRANKFORD RELATING TO TAXATION.
SS 1 for SB 293 w/ HA 1SignedLockmanThe Delaware Fair Housing Act, Chapter 46 of Title 6, and Residential Landlord-Tenant Code, Chapter 51 of Title 25, both prohibit discrimination based on source of income, which is defined as including rental payments from any government program. However, both laws also provide that a landlord's nonparticipation in a government-sponsored rental assistance, voucher, or certificate system cannot be the basis for an administrative or judicial proceeding. Like Senate Bill No. 293, Senate Substitute No. 1 for Senate Bill No. 293 revises both the Delaware Fair Housing Act and Residential Landlord-Tenant Code to repeal the exemption to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs because this exemption contributes to a lack of affordable housing in this State. There is currently a severe shortage of affordable housing for extremely low-income households in Delaware, with only 38 affordable rental units available for every 100 extremely low-income households. In addition, studies have shown that people who use government subsidies to move from high-poverty neighborhoods to communities with more opportunity have measurable health improvements and the children in these families earn more in adulthood than children who remain in high-poverty neighborhoods. Also like SB 293, SS 1 for SB 293 delays the effective date of this Act to allow the opportunity for Delaware's 5 public housing authorities (PHAs) to do all of the following: 1. Streamline their procedures associated with housing vouchers. 2. Conduct outreach and education to landlords about how this Act changes the law. This outreach will include information explaining that while the law prohibits a landlord from having a blanket policy of not accepting government assistance to pay rent, it does not require a landlord to accept all applicants who receive rental assistance, such as applicants who have a history of evictions or not paying utility bills. SS 1 for SB 293 differs from SB 93 by as follows: • Adds whereas clauses that provide an expanded explanation of current law. • Adds whereas clauses that explain the process Delaware’s 5 PHAs are undertaking to streamline the procedures required when landlords accept housing vouchers. • Requires that the Delaware State Housing Authority provide a report by March 1, 2028, that contains the status of each streamlining recommendation and data comparing the utilization of vouchers before and after the effective date of this Act. • Provides a specific effective date of January 1, 2026. • Provides a sunset date, December 31, 2028, unless repealed or extended by a subsequent act of the General Assembly.AN ACT TO AMEND TITLE 6 AND TITLE 25 OF THE DELAWARE CODE RELATING TO FAIR HOUSING.
SS 1 for SB 13 w/ HA 1SignedS. McBrideHealthcare facility assessments are currently the second largest source of funding for states’ shares of Medicaid costs, behind general funds. Today, 49 states have at least one facility assessment in place, including Delaware, while 34 states and Washington D.C. have 3 or more provider taxes. Delaware is one of only 6 states without a facility assessment on hospitals, causing the state to miss out on critical Medicaid funding that most states are already able to access. This Act is a substitute for Senate Bill No. 13. Like Senate Bill No. 13, this Act creates the Hospital Quality Assessment, which places a 3.58% assessment on Delaware hospitals’ net patient revenues. Funds generated by the Hospital Quality Assessment must be utilized in one of two ways: (1) To increase the inpatient and outpatient payments to hospitals. (2) To develop or enhance funding for Medicaid initiatives, unlocking federal matching dollars. Funds may not be used to supplant or replace appropriations for programs in existence on the effective date of this Act, except for 25% of these funds, which may be used to support the general operations of the Medicaid program. Like Senate Bill No. 13, this Act also creates the Hospital Quality and Health Equity Assessment Commission (“Commission”), which includes state agency and hospital representation. The Commission is required to meet at least annually to monitor the implementation of the assessment. If the Centers for Medicare & Medicaid Services (CMS) determines that either the assessment or the expenditure of money does not satisfy eligibility requirements for federal financial participation or that modifications are necessary to assure continued eligibility for federal financial participation, the Commission shall develop and approve modifications to Subchapters II and III of Chapter 10 of Tile 16 of the Delaware Code and submit the modifications to the General Assembly. This Act differs from Senate Bill No. 13 as follows: (1) By directing the Department of Health and Social Services (“Department”) to administer the Hospital Quality Assessment. (2) By establishing a different method of calculating the assessment for a hospital that begins or ceases hospital operations or does not conduct hospital operations through a calendar year or fiscal year. (3) By prohibiting a hospital subject to the Hospital Quality Assessment from passing on the cost of the assessment to any patient, insurer, self-insured program, or other responsible party. (4) By requiring a hospital subject to the Hospital Quality Assessment to attest in writing to the Department that an oral or written, formal or informal agreement or arrangement does not exist to share, redirect, or redistribute Medicaid payments which would result in violation of federal or state law. (5) By updating the split in percentages of the funds collected from the Hospital Quality Assessment to reflect the wide range of federal match levels for services. The expected amount to be collected by the Assessment does not change as the result of the update. (6) By requiring the Registrar of Regulations to publish in the Register of Regulations a certification by the Commission under § 1034(d) and (e) of Title 16 of the Delaware Code, as contained in this Act. (7) By providing that appointments of members of the Minority Caucus of the House of Representatives and Senate are to be made by the Speaker of the House of Representatives and President Pro Tempore of the Senate, respectively. (8) By making modifications to the requirements for meetings of the Commission. (9) By providing that modifications to Subchapters II and III of Chapter 10 of Tile 16 of the Delaware Code recommended by the Commission take effect as of July 1 of the ensuing fiscal year unless rejected in full by an act of the General Assembly before that ensuing fiscal year. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act may be cited as the “Protect Medicaid Act of 2024”.AN ACT TO AMEND TITLES 16 AND 30 OF THE DELAWARE CODE RELATING TO HOSPITAL QUALITY ASSESSMENTS AND ESTABLISHMENT OF A HOSPITAL QUALITY AND HEALTH EQUITY FUND AND HOSPITAL QUALITY AND HEALTH EQUITY ASSESSMENT COMMISSION.
HB 419SignedHeffernanThis Act requires the Department of Services for Children, Youth, and Their Families (DSCYF) to provide new luggage to children in foster care to use for the transportation of their personal belongings when entering custody, moving from one placement to another, or exiting custody, and makes clear that disposable bags and trash bags may not be used for these purposes. It requires the Department to establish and maintain an inventory of new luggage for this purpose. The Department must annually provide a report containing a current accounting of supply inventory and inventory management procedures. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO NEW LUGGAGE FOR CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES.
HB 431 w/ HA 1SignedPhillipsA major environmental concern is the spread of pathogens and invasive species across water bodies. The use of live bait in both non-tidal and tidal waters can inadvertently result in the transfer of invasive species and pathogens to new waters. Freshwater ecosystems are particularly susceptible to invasive species spreading disease and destroying Delaware’s native species and freshwater habitats. This Act requires the Department of Natural Resources and Environmental Control, through regulations, to determine which species of live bait may be harvested, imported, transported, sold, or used, in the tidal and non-tidal waters of the State. This Act requires the Department to post all such promulgated regulations on the Department’s website. This Act also permits the Department, by regulation, to prohibit or restrict the importation or sale of live bait species from other states or countries. This Act is to be implemented the earlier of 6 months after enactment or notice by the Secretary of the Department to the Register of Regulations that final regulations have been adopted.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE USE AND REGULATION OF LIVE BAIT IN TIDAL AND NONTIDAL WATERS OF THE STATE.
HCR 148PassedHeffernanThis Concurrent Resolution requests that medical professionals who engage in the provision of prenatal or postnatal care, delivery, or infant care services to provide parents and caregivers resources on infant and child CPR and basic first aid training.REQUESTING MEDICAL PROFESSIONALS TO PROVIDE PARENTS AND CAREGIVERS WITH RESOURCES ON INFANT AND CHILD CPR AND BASIC FIRST AID TRAINING.
HB 433SignedOsienskiThis Act revises the experience rating methodology for assigning unemployment assessment rates to employers under the Unemployment Insurance Code in Delaware, replacing the current benefit wage ratio methodology with the benefit ratio methodology used by 19 other states. The new methodology is meant to be more responsive to changes in the economy over time, to better sustain the solvency of the Unemployment Trust Fund, and to be easier to administer. The unemployment assessment rate for an employer under this new methodology would be calculated by combining a benefit ratio assessment, an employer size add-on, and an employer industry add-on. The supplemental tax for operations and technology costs that is already included in the Unemployment Code would continue to be added to each employer's overall assessment rate. This bill also reduces new employer unemployment assessment rates and phases in a permanent taxable wage base over three years- $12,500 for calendar year 2025, $14,500 for calendar year 2026, and $16,500 for calendar year 2027 and thereafter. The new methodology would be in effect beginning calendar year 2027. Until the effective date of that new tax rate structure, this Act would also provide temporary relief to employers who pay unemployment tax assessments in calendar year 2025 and 2026 by reducing new employer tax rates, simplifying tax rate schedules, reducing or holding constant overall employer tax rates, and reducing the maximum earned rate. This Act also makes technical corrections to existing Code to conform to the Legislative Drafting Manual and reinserts a historical provision that applied only to 2023.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
HB 432 w/ HA 1SignedMinor-BrownThis Act updates provisions of the code covering the Delaware Institute of Medical Education Research (DIMER), which creates partnerships with out-of-state medical schools as an alternative to creating a state sponsored medical school. Specifically, this Act does the following: (1) Updates the name of the Jefferson Medical College of Thomas Jefferson University to “Sidney Kimmel Medical College of Thomas Jefferson University”; (2) Adds the Philadelphia College of Osteopathic Medicine as a DIMER medical school; (3) Alters and updates the composition of the DIMER Board and provides that all members will be appointed by the Governor; (4) Clarifies that a vacant Board position is not counted for quorum purposes; (5) Requires the Board Chair to be elected from the members of the Board, rather than appointed by the Chair of the Delaware Health Care Commission; (6) Requires the Board to select candidates for the Chair and Vice Chair from a nominating committee determined by the Board; and (7) Provides that the Board Chair and Vice Chair shall serve no more than 3 consecutive terms.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH.
HB 444SignedSchwartzkopfThis Act designates the Orange Crush as the State cocktail.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE COCKTAIL.
HB 423SignedSchwartzkopfThis Act permits a farm winery to apply for a license for use of a portion of the farm winery premises as a restaurant.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO FARM WINERIES.
HB 437SignedChukwuochaThis bill modifies the Delaware Commission of Veterans’ Affairs employee requirements to make the Executive Director an exempt position, and to allow the hiring of non-veteran employees when needed. This will positively impact veteran families by reducing the wait for interment in state veterans’ cemeteries. These changes also make technical corrections and clarify the commission’s authority to accredit claims representatives to support veterans in accessing their earned benefits.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMISSION OF VETERANS' AFFAIRS.
HB 439 w/ HA 1, HA 2SignedPhillipsDelaware law prohibits discrimination on the basis of protected characteristics in housing and property transactions. This Act would add "housing status" as a protected characteristic.AN ACT TO AMEND TITLES 6 AND 25 OF THE DELAWARE CODE RELATING TO HOUSING STATUS DISCRIMINATION IN HOUSING AND PROPERTY.
HB 440SignedPhillipsDelaware law prohibits discrimination on the basis of protected characteristics in employment and professional activities. This Act would add "housing status" as a protected characteristic. AN ACT TO AMEND THE DELAWARE CODE RELATING TO HOUSING STATUS DISCRIMINATION IN EMPLOYMENT AND PROFESSIONAL ACTIVITIES.
HB 442SignedK. JohnsonThis Act creates the Affordable Housing Production Task Force (“Task Force”). The purpose and mission of the Task Force is to investigate and make findings and rcommendations to the Governor and the General Assembly on how the State and local governments can increase the production of affordable rental units and homes in Delaware. The Task Force shall consist of 20 members some appointed by the Governor, some appointed by the President Pro Tempore of the Senate, some appointed by the Speaker of the House of Representatives, and some will serve as a member by virtue of their official position. The Co-Chairs of the Task Force will be (1) the member of the Delaware Senate appointed by the President Pro Tempore of the Senate, (2) the member of the Delaware House of Representatives appointed by the Speaker of the House of Representatives, and (3) the Director of the Delaware State Housing Authority. The Task Force must create, at a minimum, the following Sub-Committees: (1) Regulating and Permitting, (2) Finance and Development, (3) Construction, (4) Manufactured Housing, (5) Community Focus Groups. The Chairs of the Sub-Committees must be members of the Task Force but the members of the Sub-Committees do not have to be on the Task Force. A Sub-Committee may have a maximum of 9 members. This Act establishes the duties and responsibilities of the Co-Chairs of the Task Force and the requirements that will govern the administration of the Task Force. The first meeting of the Task Force must be held no later than 60 days after enactment of this Act. The Task Force must provide its Final Report by March 1, 2025. This Task Force will expire on the date it submits its Final Report unless its existence is continued by a subsequent act of the General Assembly.AN ACT CREATING AN AFFORDABLE HOUSING PRODUCTION TASK FORCE.
HB 411 w/ HA 1SignedD. ShortThis bill seeks to amend sections of Chapter 66 concerning the members of Delaware Volunteer Fire Departments. This bill will hold current members to the same standards as applicants with relation to criminal activity.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEMBERSHIP REQUIREMENTS FOR VOLUNTEER FIREFIGHTERS.
HS 1 for HB 387SignedDorsey WalkerThis Act is the result of a successful pilot project involving disadvantaged business enterprises in State contracts. In 2023, Section 189 of Senate Bill No. 35, as amended by Senate Amendment No. 2, authorized the Office of Management and Budget (OMB) to engage in a pilot program to include Disadvantaged Business Enterprises (DBE) as part of large public works projects. If an agency elects to award based on best value, this Act allows for projects, valued in excess of $30,000,000, to be scored using DBE usage of at least 10% but no more than 30%. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This House Substitute Bill for House Bill No.387 clarifies that some or all of the objective criteria shall be assigned a specified weight in determining best value. This House Substitute bill also amends the Synopsis.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISADVANTAGED BUSINESS ENTERPRISES IN THE STATE PROCUREMENT SYSTEM.
HCR 153PassedHeffernanThis House Concurrent Resolution directs the Department of Education and the Department of Health and Social Services to jointly produce a report outlining the creation of a student injury monitoring system. The system is intended to facilitate the sharing of injury information from medical professionals to school nurses, counselors, athletic trainers, and any other necessary medical professionals working in schools, focusing on injuries that require surgery, pain management, physical therapy, and concussions, while ensuring compliance with health information privacy laws. The report is to be submitted by August 31, 2025.DIRECTING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO PRODUCE A REPORT OUTLINING THE CREATION OF A STUDENT INJURY MONITORING SYSTEM.
HB 451SignedBushThis Act adds 911 dispatchers as “covered persons” for purposes of line of duty death benefits.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE OF DUTY DEATH BENEFITS.
HCR 163PassedHilovskyThis Concurrent Resolution honors the Marine Corps 249th Birthday on November 10, 2024.HONORING THE MARINE CORPS 249TH BIRTHDAY ON NOVEMBER 10, 2024.
HCR 160PassedMinor-BrownThis House Concurrent Resolution urges the establishment of a medical school in the State of Delaware; calls for the formation of a formal Steering Group to guide the planning and implementation of a medical school; encourages the pursuit of partnerships with established medical schools and other medical education programs; and commits to supporting efforts to secure necessary funding needed to establish a medical school.URGING THE ESTABLISHMENT OF A MEDICAL SCHOOL IN THE STATE OF DELAWARE.
HCR 157PassedMinor-BrownThis concurrent resolution urges all higher education institutions in the State of Delaware having nursing programs to pursue and establish ACME-accredited pathways for becoming Certified Nurse-Midwives and Certified Midwives.URGING DELAWARE'S HIGHER EDUCATION INSTITUTIONS TO PROVIDE MIDWIFERY EDUCATION PROGRAMS.
HCR 158PassedK. WilliamsThis concurrent resolution designates October of each year as “Dyslexia Awareness Month” in Delaware. According to the United States National Institute of Health, dyslexia is a learning disability that can hinder a person’s ability to read, write, spell, and sometimes speak. Dyslexia is the most common learning disability in children and persists throughout life with 10 percent of the population or one out of every 10 people in the United States suffering from dyslexia. Children with dyslexia who are identified as dyslexic and provided with effective reading instruction in kindergarten and first grade, will have significantly fewer problems learning to read at grade level than children who are not identified as dyslexic or provided help until third grade or after. Proper diagnosis, early and appropriate treatment, and support from family, teachers, and friends will greatly increase a child’s academic success and self-esteem; however, it is never too late for adults with dyslexia to learn to read, and process and express information more efficiently. October is National Dyslexia Awareness Month, reminding students and their parents that living with dyslexia can be tackled with early intervention. Each year during the month of October, conferences are held around the United States to promote awareness, research, and early identification of dyslexia. DESIGNATING OCTOBER AS “DYSLEXIA AWARENESS MONTH” IN DELAWARE.
HCR 159PassedK. WilliamsThis Concurrent Resolution commends and congratulates the Secretary of Education Scholars for 2024.COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION SCHOLARS FOR 2024.
HS 1 for HB 389SignedBushThis Substitute for House Bill No. 389, like House Bill No. 389, provides for an annual raffle license that will allow a licensee to hold up to 20 raffle events each year, requires the licensee to notify the Board at least 7 days prior to a raffle event, and requires a report to the Board after a raffle is conducted. This Substitute differs from House Bill No. 389 as follows: -It corrects the vote requirement. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. -It changes the annual raffle license fee from $100 to $300. -It adds a requirement that the report to the Board following the conclusion of a raffle must include all of the information required in a report after a game under section 1521 of Title 28. -It clarifies that the number of days in which a report after a game must be filed with the Board is increased from 30 to 60 if the game in question is a raffle event conducted by the holder of an annual raffle license. -It makes technical changes to conform with the standards of the Delaware Legislative Drafting Manual. -It specifies that the Act takes effect 6 months after its enactment into law.AN ACT TO AMEND TITLE 28 OF THE DELAWARE CODE RELATING TO CHARITABLE GAMING.
HCR 161PassedK. JohnsonThis resolution recognizes November 2024 as Gluten-Free Diet Awareness Month in Delaware.RECOGNIZING THE MONTH OF NOVEMBER 2024 AS GLUTEN-FREE DIET AWARENESS MONTH.
HCR 162PassedK. JohnsonThis House Concurrent Resolution recognizes the second week of October 2024 as Obesity Care Week in the State of Delaware. RECOGNIZING THE SECOND WEEK OF OCTOBER 2024 AS OBESITY CARE WEEK IN THE STATE OF DELAWARE.
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.
SA 1 to HS 1 for HB 383PassedS. McBrideThis Amendment removes Section 1 of this Act, which would prohibit discrimination against 340B drug distribution by manufacturers, third-party logistics providers, and wholesale distributors. This Amendment also does all the following: 1. Clarifies that an entity's contracted pharmacy is included in the protections under § 3374A of Title 18. 2. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. 
SA 1 to HS 2 for HB 212PassedPinkneyThis Amendment makes changes to how the rent increases are calculated including the percentages related to restricted rent increases in a single year. It also moves the relevant language to the section of the code currently related to rent increase calculations. Additionally, it clarifies the agency providing homeowner education and requires DEMHRA give a report on lot rental assistance to the General Assembly annually. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
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.
SS 1 for SB 82SignedWalshThis Act is a Substitute for Senate Bill No. 82. Both this Act and SB 82 require State programs to provide annual reports to the General Assembly about compliance with federal and State law and regulation that require meaningful access to services for individuals with limited English proficiency (LEP) and effective communication for individuals with disabilities. Both this Act and SB 82 provide support for language and communication assistance for individuals renting or purchasing a home or facing eviction or foreclosure. This Act and SB 82 create a short-term program within the Office of the Manufactured Housing Ombudsperson and the Department of Justice. This program will provide special language and communication assistance support for individuals with limited English proficiency and individuals with disabilities to better understand and participate in matters related to residential leases and evictions and home purchases and foreclosures. The Department of Justice is not required to spend more than $48,500 on translation and interpretation services, and auxiliary aids, in the fiscal year following 30 days after enactment. This Act differs from SB 82 as follows: (1) Some definitions are updated to conform more closely to federal law. Additionally, this Act narrows the definition of "individual with a disability" to be someone with a disability affecting communication, since this Act is designed to gather data and provide support related to effective communication. (2) This Act narrows the scope of agency programs about which reporting must occur. Instead of collecting information about agency-wide compliance, this Act will gather preliminary information about compliance by obtaining reports about a sample of agency programs. This Act requires the secretaries and directors of various departments and divisions to select and report about at least 2 operations, units, or services provided by their department or division. Certain enumerated entities under § 10604(b) of Title 29 will be required to report about their compliance. Also, the Department of Justice shall select 5 programs that will be required to submit reports. (3) In SB 82, programs had to complete narrative reports for the first 3 years after enactment. Beginning 4 years after enactment, the reporting programs were required to submit reports that required data collection. This Act keeps only the narrative reports. (4) Revises the special language and communication assistance program to allow the Department of Justice to create 1 program to fulfill its obligations under this Act to provide support for language and communication assistance for individuals renting or purchasing a home or manufactured home or facing eviction or foreclosure, as well as limits the program’s obligations to the extent of the appropriated funds received. (5) In SB 82, the special language and communication assistance program was to sunset 2 years after enactment unless otherwise extended, while the reporting requirements were to continue. In this Act, the entire Act sunsets 2 years after enactment unless extended by an act of the General Assembly. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO IMPROVING COMMUNICATION ASSISTANCE FOR INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY AND DISABILITIES.
HS 2 for HB 212 w/ SA 1SignedLonghurstHouse Substitute No. 2 to House Bill 212 prohibits manufactured home community owners from increasing rent if the rent was increased by 5 percent or more the previous year or rental period, instead permitting an increase capped at 3 percent. This Act does not prohibit a community owner from increasing rent to market rent in phases as called for in current law, even if doing so would otherwise violate the prohibition on increasing rent after a 5 percent or more increase. It also allows a greater increase where more than 50% of the homeowners use the property as a second residence. This Act clarifies that penalties of rent reduction and repayment of excess rent will be imposed for a community owner who increases rent in violation of any provision of Title 25, Chapter 70. It also requires community owners to annually provide certain information relating to the lot rental assistance program to its homeowners and to certify to DEMHRA its compliance with the program requirements, and allows DEMHRA to request further information about the program as needed. It requires enrollment in the lot rental assistance program to remain open year-round. It requires community owners to provide specified contact information to DEMHRA within 60 days of taking ownership, possession, or control of a manufactured housing community. This House Substitute No. 2 requires the Manufactured House Ombudsperson Office to hold 2 meetings in each county per year where it offers information about lot rental assistance and other programs and services homeowners may be eligible for.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING.
SB 195SignedPinkneyThe Delaware Medical Orders for Scope of Treatment “DMOST” was enacted in 2016 under HB 64 (148th). The DMOST form allows Delawareans to plan ahead for health-care decisions, express their wishes in writing, and both enable and obligate health care professionals to act in accordance with a patient’s expressed preferences. A DMOST form is different than an Advance Health-Care Directive because a DMOST form contains portable medical orders that respect the patient’s goals for care in regard to the use of CPR and other medical interventions. Currently, DMOST is being underutilized, despite efforts by advocates and the creation of a statewide, electronic registry for DMOST forms hosted by the Delaware Health Information Network (DHIN). This Act will improve the utilization of DMOST forms by health-care practitioners, health-care providers, emergency-care providers, and patients and their families by creating a DMOST Program at the Department of Health and Social Services (DHSS). This Act expands upon DHSS’ current responsibilities under DMOST by doing all of the following: 1. Providing ongoing education and training for health-care practitioners, health-care providers, emergency-care providers, and patients and their families. 2. Maintaining a website for information and education about DMOST. 3. Working with the DHIN to maintain the electronic registry. 4. Coordinating with the National POLST Collaborative regarding current best practices and research. (POLST, which stands for Physician Orders for Life-Sustaining Treatment, was the name given to the first tool developed for honoring patients' wishes for end of life treatment in 1991.) 5. Creating a DMOST Steering Committee, consisting of a broad group of stakeholders, to evaluate and improve the DMOST Program and the use of DMOST forms. The DMOST Steering Committee must produce an annual report containing data about the use of DMOST forms, trainings, public education and outreach, and current challenges and recommendations to improve the DMOST Program. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT.
SB 215 w/ SA 1, SA 2SignedMantzavinosThis Act requires the Department of Health and Social Services to inspect long-term care facilities on an annual basis.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO STATE INSPECTIONS OF LONG-TERM CARE FACILITIES.
HB 311 w/ HA 1, HA 2 + SA 1SignedRomerIn many states acts of violence have been committed with the use of firearms on college and university campuses that have resulted in both injury and death to students and faculty. This Act adds post-secondary colleges and universities to the Safe School Zone criminal offense so that any person who knowingly possesses a firearm, as defined in Title 11, while in or on a college or university facility or campus may be charged with this additional offense. The same exceptions set forth in the statute will apply to a college or university.This Act also adds commissioned security guards to the categories of individuals who may possess a firearm while acting in their official capacity within a Safe School Zone. A person convicted under this section will be guilty of a Class E felony. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO A SAFE SCHOOL ZONE.
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.
SB 232SignedGayIn light of the Federal Drug Administration’s recent approval of over-the-counter non-emergency contraceptive pills, this bill expands the contraceptive coverage laws to include over-the-counter non-emergency contraceptive pills.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR CONTRACEPTIVES.
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 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.
SB 25 w/ SA 1SignedHuxtableThis Act exempts contracts for the construction of affordable housing units from the 2% realty transfer tax imposed under 30 Del. C. § 5402(f).AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX.
SB 244SignedHuxtableThis Act allows a county that imposes a lodging tax to spend money from that tax on workforce and affordable housing programs. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES.
SB 262 w/ SA 2SignedPettyjohnThis Act permits trucks having 5 or more axles that are hauling farm produce grown in this State and traveling from the farm on which the farm produce is grown to a location at which the farm produce is to be processed or stored, or from a location at which the farm produce is processed or stored to an export facility within this State, to weigh up to 90,000 pounds or combined manufacturer’s gross combined weight rating (GCWR), whichever is less, before a penalty is assessed for exceeding weight restrictions. A truck hauling farm produce is granted this increased weight limit if the truck complies with several conditions aimed at ensuring public safety. Surrounding states have similar increased weight limits for hauling farm produce. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SIZE AND WEIGHT OF VEHICLES AND LOADS.
SB 270SignedParadeeThis Act is the statutory recognition of the recommendations set forth in the June 2, 2023, report of the DEFAC Benchmark Evaluation and Review Panel. This Act builds on the State’s existing appropriation limit methodology by formalizing and maintaining the flexibility inherent in the Budget Stabilization Fund process currently enabled by Executive Order No. 21, approved on June 30, 2018, and the last 6 operating budget acts, including § 65 of the fiscal year 2024 Operating Budget Act. Acknowledging this process in statute includes defining rules for deposits to and withdrawals from the Budget Stabilization Fund and adding an objective and stable measure of sustainable budget growth through an advisory index comprised of certain State economic indicators. This Act requires that only the Governor’s recommended Budget Appropriation Bill consider this methodology and detail proposed plans, if any, deemed necessary or desirable in relation to state revenues or reserve funding. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO BUDGET AND FISCAL REGULATIONS, ESTABLISHING A BUDGET STABILIZATION FUND, DEFINING DEPOSIT AND WITHDRAWAL STANDARDS FOR THE FUND, AND IMPOSING DEPOSIT AND WITHDRAWAL NORMS THROUGHOUT THE ANNUAL GOVERNOR’S RECOMMENDED BUDGET PROCESS.
HB 378 w/ SA 1SignedHensleyThis Act requires health spas selling subscription services online to provide a prospective buyer of such a subscription the right to cancel the automatic renewal online. The option to cancel is also to be presented on the website in a clear and conspicuous manner to simplify such cancellation for the buyer.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO HEALTH SPA REGULATION.
SB 265 w/ SA 1, SA 2SignedHansenThe Delaware Energy Solutions Act of 2024 authorizes processes necessary to help meet the net zero goals of the Climate Change Solutions Act of 2023. The bill facilitates a transition to carbon-free energy sources by (i) preparing for offshore wind to be a significant element of Delaware’s energy future, if cost is competitive with other potential sources, and (ii) increasing options for interconnecting renewable energy resources to the transmission grid. The bill authorizes the State Energy Office (SEO), with the approval of the Public Service Commission (PSC), to issue solicitations to procure offshore wind. A solicitation can be for a project that serves only Delaware, or in coordination with other states, and authorizes procurement of at least 800 megawatts but not more than 1,200 megawatts of power to Delaware, in a single or multiple solicitations. Solicitations proceed through the following steps: The SEO drafts a solicitation for wind energy if it believes market conditions would result in a bid of no more than 110 percent of the “Delaware Benchmark Price,” defined as the average price that Delmarva Power has paid for power and renewable energy compliance over the prior three years. The Renewable Energy Task Force, an existing public body, must be consulted on the structure and factors of the proposed solicitation. The PSC evaluates the proposed solicitation and determines in a public process, with public comment, if issuing the solicitation would be in the public interest. If so, PSC issues a Preliminary Order allowing the solicitation to proceed. Municipal utilities and rural electric cooperatives are provided an option to participate in the potential project. Third-party “Qualified Purchasers,” such as those that currently purchase electricity for Delaware industries and utilities, could also participate. After preliminary PSC approval, SEO issues the solicitation. Pricing is the key factor, and the returned bids will also include information about avoided greenhouse gas emissions as well as environmental, economic, health and electric grid benefits to Delaware. The SEO cannot proceed to negotiate a contract unless a bid comes back with a price at or below 110 percent of the Delaware Benchmark Price. If contract negotiations occur, SEO confers with PSC staff in finalizing the terms of the contract. PSC reviews the proposed purchase contract to verify that the bid meets all statutory and solicitation requirements, including the examination of the bid price to ensure it is no more than 110 percent of the Delaware Benchmark Price, and is competitive with other new renewable or carbon-free energy projects in the region. If PSC approval is granted, Delmarva Power and any public utility that elected to participate would amend their rates to pass on the costs or savings of the project to their customers. In addition to allowing offshore wind procurement, the bill enhances the PSC’s current Certificate of Public Convenience and Necessity (CPCN) process by giving the Commission authority to issue a CPCN in connection with renewable energy interconnection facilities, such as the transmission lines from an offshore wind project to a nearby substation, or the lines connecting a utility scale solar project (over 30 MW) to a nearby substation. The bill outlines the factors PSC should consider when granting a CPCN for renewable energy interconnection facilities. Additionally, the bill provides separate authority to the Delaware Department of Transportation to permit such facilities in a State-owned Right of Way under Title 17, once a CPCN is issued by the PSC. AN ACT TO AMEND TITLES 17, 26, AND 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ENERGY SOLUTIONS ACT OF 2024.
SS 1 for SB 245SignedHuxtableThe Office of Foreclosure Prevention and Financial Education and the Residential Mortgage Foreclosure Mediation Program were created in the wake of the 2008 financial crisis to assist homeowners at risk of foreclosure or already navigating the foreclosure process. Originally intended as temporary programs, the need for these programs is as critical as ever for those facing the loss of their homes. The programs have proven to be important resources in preserving home ownership and educating homeowners on their rights and responsibilities in times of economic contraction and in times of economic expansion. As a result of their successes, the General Assembly has extended the programs multiple times. It is clear that the need for these programs will continue for the foreseeable future. In recognition of this reality, this Act removes the expiration dates from the programs. Senate Substitute No. 1 for Senate Bill No. 245 makes the following substantive changes: (1) It adds a requirement that the notice of intent to foreclose include the phone number for the Delaware Attorney General’s Foreclosure Hotline and the contact information for Delaware State Housing Authority’s foreclosure prevention programs. (2) The required notice of intent to foreclose now directs homeowners to U.S. Housing and Urban Development Department Certified Housing Counselors for assistance. Like Senate Bill No. 245, Senate Substitute No. 1 for Senate Bill No. 245 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 RESIDENTIAL MORTGAGE FORECLOSURE AND THE OFFICE OF FORECLOSURE PREVENTION AND FINANCIAL EDUCATION.
SB 274SignedPettyjohnAffordable housing is key to building strong communities and neighborhoods. This act provides that the developer of a residential subdivision is provided a percentage credit towards the expense of offsite improvements to state-maintained highways consistent with the percentage of units set aside for affordable housing in a residential subdivision project.AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ACCESS TO STATE-MAINTAINED HIGHWAYS.
SS 1 for SB 22SignedHuxtableThis Act establishes the “Delaware Workforce Housing Program" (DWHP). Modeled after the Downtown Development District Program, the DWHP allows a qualified workforce housing investor to be reimbursed through a grant up to 20 percent of the capital costs associated with workforce housing units they create. To be eligible for a grant, the project must be located in Investment Levels 1 and 2 as established by the Delaware Strategies for State Policies and Spending. A grant may not be awarded for a housing unit that also uses a federal low-income or state low-income housing tax credit. This program will be administered by the Delaware State Housing Authority (DSHA) and requires the DSHA to provide an annual report on the effectiveness of the program. The Act provides the DSHA with the power to adopt regulations for the DWHP. The substitute bill differs from Senate Bill No. 22 by changing most references to the word “affordable” and replacing it with the word “workforce.” Accordingly, the substitute bill modifies “affordable housing unit” to “workforce housing unit” and modifies “qualified affordable housing investment” to “qualified workforce housing investment.” The change in terminology is to avoid confusion within the housing industry, where the word “affordable” is generally accepted to mean housing for a median income level of 80% and below. To be clear, this Act provides workforce housing for median income levels of 100% and below. References to “affordable” have been changed to “workforce” to reflect this distinction throughout the Act. The substitute further clarifies that, although DSHA may not award a DWH Grant for a housing unit that would also use a federal low-income or state low-income housing tax credit, DSHA may approve DWH Grants for workforce housing units in a multiple unit housing project so long as the DWH Grants are awarded to those specific units that do not use federal low-income or state low-income housing tax credits. The substitute allows for DSHA to use part of the allocations for the administrative costs of the DWHP. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ESTABLISHING THE DELAWARE WORKFORCE HOUSING PROGRAM.
SB 12 w/ SA 1SignedTownsendThis Act amends Delaware’s laws regarding release of persons accused of crimes (Chapter 21 of Title 11 of the Delaware Code) as required in conjunction with the enactment of an amendment to § 12 of Article I of the Delaware Constitution permitting preventive detention, as proposed by Senate Bill No. 11 of the 152nd General Assembly. This Act protects both defendants’ due process rights and public safety by establishing the list of circumstances for which defendants may be detained pretrial without the opportunity for release and providing adequate due process protections for detention-eligible defendants. This Act protects public safety by permitting courts to detain a defendant who is charged with an enumerated felony offense where no condition or combination of conditions of bail will reasonably assure a defendant’s appearance in court or the safety of a witness, a victim, or the community. This Act also protects defendants’ rights by doing the following: (1) Requiring the Attorney General to establish by proof positive or presumption great that the defendant committed the detention-eligible offense and by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. (2) Ensuring detention-eligible defendants are represented by counsel at the initial detention and subsequent hearings. (3) Requiring courts to hold a full preventive detention hearing within 10 days of the defendant’s arrest where defendants have the right to testify, to present evidence, and to cross-examine witnesses against them. (4) Requiring expedited review of the detention order by Superior Court. (5) Providing speedy trial protections for any defendant who is detained before adjudication due to preventive detention. This Act also does the following: (1) Improves procedural fairness by permitting courts to make transparent decisions about who to detain and who to release pretrial. (2) Strengthens the strong presumption of pretrial release under least restrictive conditions for those defendants who can safely be released in the community. This Act requires a greater than majority vote for passage because this Act is enabling legislation to an amendment to the Constitution which, when enacted, amends § 12 of Article I of the Delaware Constitution to require an affirmative vote of two-thirds of the members elected to each house of the General Assembly to create the list of detention-eligible offenses created by § 2116(b)(1) of Title 11 contained in this Act. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE AND CHAPTER 72, VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO PRETRIAL RELEASE AND DETENTION.
SB 283SignedBrownThis Act repeals the DELJIS Fund fee imposed on criminal defendants. The elimination of this fee was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. Any outstanding balances owed for this fee shall be discharged upon the Act’s effective date. Per the Study Group’s recommendation, the Act will become effective upon the specific appropriation of General Fund monies to replace DELJIS’s full spending authority of the repealed fee.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELJIS FUND.
SB 282SignedBrownThis Act repeals the Senior Trust Fund Fee, the Interstate Compact Fee, and the Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee imposed on criminal defendants. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly also intends to eliminate any outstanding balances owed on these fees.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ELIMINATION OF CERTAIN FEES.
SB 284SignedBrownThis Act discharges balances owed by individuals ordered to pay a probation supervision fee under § 6504(14) of Title 11 of the Delaware Code or a Public Defender fee under § 4607 of Title 29 of the Delaware Code. The probation supervision fee and Public Defender fee were repealed by Chapter 441 of Volume 83 of the Laws of Delaware, House Bill No. 244, as amended by House Amendment No. 2 (151st General Assembly). AN ACT TO DISCHARGE OUTSTANDING BALANCES OWED BY INDIVIDUALS FOR FEES REPEALED BY CHAPTER 441 OF VOLUME 83 OF THE LAWS OF DELAWARE.
HS 1 for HB 372 w/ HA 1Passed HouseCarsonThis Substitute bill clarifies that the definition of “day” does not include Saturday, Sunday, any federal holiday, or any State legal holiday when the specified number of days is 12 or less. When the specified number of days is more than 12 days, “day” means a calendar day. If the first or last day falls on a Saturday, Sunday, federal holiday, or State holiday under § 501 of Title 1, the date shall be extended to the next business day. This Substitute bill also clarifies that the definition of “guest” or “visitor” does not include a business invitee. This Substitute bill also removes the additional wetland provision in H.B. 372 and restores the original language in this section of the title.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOMES AND MANUFACTURED HOME COMMUNITIES ACT.
SB 289 w/ SA 1SignedHansenThis Act amends Title 16, Chapter 76 of the Delaware Code relating to energy conservation identified in county and municipal building and plumbing codes. Consistent with codes in other States, including New York, Rhode Island, and Washington, among others, this Act requires as a threshold that counties and municipalities must, at minimum, meet the threshold adopted by the Delaware Energy Office (“DEO”). The Act authorizes counties and municipalities to go above the threshold adopted by the DEO. This Act also amends Title 29, Chapter 80 of the Delaware Code by charging the Energy Efficiency Advisory Council and the Sustainable Energy Utility to collaborate to design programs to promote and support the development and construction of energy efficient housing, including programs to alleviate the potential increased upfront costs caused by the adoption of local stretch codes. AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ENERGY CONSERVATION.
SB 291SignedGayThis Act removes the registration of trade names for sole proprietorships, partnerships, and associations in the Superior Court prothonotaries and places registration of such trade names with the Division of Revenue. Additionally, this Act provides that the filing of certificates will be recorded electronically and the fee for such filing is $25.00. Under Superior Court Civil R. 77(h), the current filing fee is $25.00. This change updates the statute consistent with the current fee collected by the Superior Court.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS IN THE SUPERIOR COURT.
SB 295SignedGayThis Act strengthens the current practice of obtaining service letters for employment in child care facilities to protect children from workers who have engaged in prior acts that are prohibited by the Office of Child Care Licensing. The Act does all of the following: 1. Requires service letters used for child care facilities ask previous employers whether they would have any concerns about the employee providing care to children. 2. Requires service letters used for child care facilities ask previous employers whether the employee was ever warned, reprimanded, suspended, or discharged for any violations found in the Department of Education's Regulations for Early Care and Education and School-Age Centers. 3. Requires the Office of Child Care Licensing to report any suspected failure of an employer to adhere to the requirements of a service letter to the Department of Labor for review and possible civil penalties. 4. Clarifies the Department of Labor is the only party that can seek civil enforcement under this section. 5. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO SPECIAL EMPLOYMENT PRACTICES.
SB 78SignedLockmanThis Act exempts from school property taxes real estate owned by Todmorden Foundation and used for the purposes of affordable housing. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL PROPERTY TAX EXEMPTIONS.
SB 299SignedHoffnerUnder Title 29, Section 5805, no state employee, no state officer, and no private enterprise in which a state employee or state officer has a legal or equitable ownership of more than 10% (more than 1% in the case of a corporation whose stock is regularly traded on an established securities market) shall enter into any contract with the State (other than an employment contract) unless such contract was made or let after public notice and competitive bidding. However, the notice and bidding requirements do not apply to contracts involving $2,000 per year or less, provided that the terms of such contract reflect arms’ length negotiations. The exemption for contracts involving $2,000 per year or less went into effect in 1991 and has not been raised since. This act raises the exemption from $2,000 to $5,000 to take into account the effects of inflation. This act also deletes language in Section 5805(c) that is out-of-date.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC OFFICERS AND EMPLOYEES.
SB 300SignedGayThis Act requires crisis pregnancy centers in this state to provide notice if the center is not licensed by this state as a medical facility and does not have a licensed medical provider who provides or directly supervises, in person, the provision of services. A violation of this Act is an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II, Chapter 25 of Title 6.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CRISIS PREGNANCY CENTERS.
SS 1 for SB 228SignedLawsonThis Act is a substitute for Senate Bill No. 228. This Act achieves the intent of Senate Bill No. 228 by providing an exception to the general prohibition against semiautomatic pistols that have the ability to accept detachable ammunition magazines that attach at some location other than the pistol grip. This exception permits such a characteristic in the limited circumstance of using a rimfire pistol for competitive shooting or for practice shooting in preparation for competitive shooting. The characteristic is still prohibited outright for any centerfire pistols.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEMIAUTOMATIC PISTOLS.
HA 1 to HS 1 for HB 372PassedCarsonThis Amendment clarifies the definition of "day" when the period of time prescribed or allowed is more than 12 days. This Amendment also clarifies that the landlord is responsible for maintenance of utilities and services provided by the landlord up to the physical connection to the home. 
SB 309 w/ SA 1SignedGayThis Act adopts the Uniform Health-Care Decisions Act of 2023 (UHCDA 2023) to supersede the Uniform Health-Care Decisions Act of 1993, which Delaware enacted in 1996. The UHCDA 2023 was authored by the Uniform Law Commission (ULC) and was developed in a multiyear collaborative and non-partisan process to modernize and expand on the 1993 version of the act. The UHCDA 2023 maintains processes to address how health-care decisions can be made by or on behalf of individuals who lack capacity, including: (1) Allowing individuals to appoint agents to make health-care decisions for them should they become unable to make those decisions for themselves. (2) Allowing individuals to provide their health-care professionals and agents with instructions about their values and priorities regarding their health care and to indicate medical treatment they do or do not wish to receive. (3) Authorizing certain people to make health-care decisions for individuals incapable of making their own decisions, but who have not appointed agents. (4) Setting forth agent, default surrogate, and health-care professional rights and duties. The UHCDA 2023 reflects substantial changes in how health care is delivered, increases in non-traditional familial relationships and living arrangements, the proliferation of the use of electronic documents, the growing use of separate advance directives exclusively for mental health care, and other recent developments. Some updates to the Act include: (1) Removal of administrative barriers that make the creation of an advance health-care directive more difficult. (2) Addition of provisions to guide determinations of incapacity, which is important because an agent’s or default surrogate’s (surrogate’s) authority to make health-care decisions for a patient typically commences when the patient lacks capacity to make decisions. The Act modernizes the definition of capacity so that it accounts for the functional abilities of an individual and clarifies that the individual may lack capacity to make one decision but retains capacity to make other decisions. (3) Authorizing the use of advance directives exclusively for mental health care. (4) Modernizing default surrogate provisions that allow family members and certain other people close to a patient to make decisions in the event the patient lacks capacity and has not appointed a health-care agent. The new default surrogate provisions update the priority list in the 1993 Act to reflect a broader array of relationships and family structures. They also provide additional options to address disagreements among default surrogates who have equal priority. (5) Clarifying the duties and powers of surrogates. For example, to reduce the likelihood that an individual’s health-care needs will go unmet due to financial barriers, the Act authorizes a surrogate to apply for health insurance for a patient who does not have another fiduciary authorized to do so. (6) Modernizing the optional model form to be readily understandable and accessible to diverse populations. The form gives individuals the opportunity to readily share information about their values and goals for medical care. Thus, it addresses a common concern raised by health-care professionals in the context of advance planning: that instructions included in advance directives often focus exclusively on preferences for particular treatments, and do not provide health-care professionals or surrogates with the type of information about patients’ goals and values that could be used to make value-congruent decisions when novel or unexpected situations arise. The form addresses these concerns by providing options for individuals to indicate goals and values, in addition to specific treatment preferences. This Act also adopts some of the optional provisions suggested by the ULC, including that an agent or surrogate has limited ability to consent to the long-term placement of an individual in a nursing home without express authorization. Specifically, without express authorization, the agent or surrogate may not consent to the placement for more than 100 days over the individual’s contemporaneous objection unless (1) no alternative living arrangement is reasonably feasible or (2) the individual is terminally ill. The ULC suggested 100 days in recognition that the federal Medicare program covers up to 100 days of nursing home care for qualified beneficiaries. This Act does not authorize mercy killing, assisted suicide, or euthanasia. In addition to style changes throughout, this Act makes some modifications to the UHCDA 2023 that are consistent with Act and should not disrupt uniform interpretation. These modifications include: (1) Revising language to conform to Delaware court practices. (2) Providing surrogates with the authority to file insurance or benefit claims on behalf of the individual and to appeal such outcomes, in addition to the UHCDA 2023 allowance for a surrogate to apply for insurance or benefits on behalf of the individual. As under the UHCDA 2023, a surrogate does not have the duty to perform these actions and may only do so if no other fiduciary is authorized to do so. (3) Creating an additional disqualification that disallows a potential surrogate from serving if the individual has a pending Protection From Abuse petition against the potential surrogate, the individual has a Protection From Abuse order against the potential surrogate, or the potential surrogate is the subject of a civil or criminal order prohibiting or limiting contact with the individual. Section 2 of this Act adds a new Chapter 25B to the Delaware Code. Chapter 25B will contain Delaware-specific supplements to the UHCDA 2023. These Delaware-specific additions are being placed within their own chapter to promote uniform interpretation of the UHCDA 2023. Chapter 25B includes § 2502B, which relates to health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care. Section 2502B reinforces the work of the Non-Acute Medical Guardianship Task Force, created by Senate Concurrent Resolution No. 30 by the 150th General Assembly. That task force’s work resulted in the current § 2519 of Title 16, which offers a process and timeline whereby health-care institutions can take steps to help obtain a guardianship for patients who no longer require acute care and can be transferred to another type of health-care setting. While § 2502B retains the ability for a health-care institution to address the discharge of long-term stay patients without an authorized decisionmaker, it modifies the powers in the current § 2519 by doing all of the following: (1) Allowing health-care institutions to petition of the appointment of a guardian in instances beyond where an individual no longer needs acute care. (2) Reiterating that the health-care institution may only petition if they believe there is no less restrictive alternative that will meet the individual’s needs. (3) Streamlining notice requirements and changing who must receive these notices so that a health-care institution does not send a notice if there is a reasonably available surrogate. If there is a reasonably available surrogate and there is a dispute between the surrogate and the health-care institution about the treatment or level of care needed by an individual, then the parties should seek judicial relief under § 2526 of the UHCDA 2023 as opposed to using the guardianship process. The new Chapter 25B also contains a provision to encourage public awareness and use of advance mental health-care directives. Sections 3 through 11 of this Act update the Delaware Code in light of the adoption of the UHCDA 2023 by updating internal citations, updating terms to match the terms used in the UHCDA 2023, and ensuring a consistent list of default surrogate decisionmakers. This Act is effective immediately and is to be implemented 1 year from the date of enactment. AN ACT TO AMEND TITLE 12 AND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH-CARE DECISIONS.
SS 1 for SB 11PassedTownsendThis is a substitute for Senate Bill No. 11. Like Senate Bill No. 11, this Act is the first leg of a constitutional amendment to modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to enumerate certain felony offenses for which, or circumstances under which, pretrial release on bail may not be allowed. And, like Senate Bill No. 11, any statute designating a felony offense for which a person can be subjected to pretrial detention without bail must be enacted by an act of the General Assembly that receives the concurrence of a two-thirds majority of each House of the General Assembly. This Act differs from Senate Bill No. 11 by providing that if a law designates a felony offense as potentially not bailable under this Act, a law removing that designation must also be enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly. The current constitutional provision providing that only “capital offenses” are potentially not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, certain crimes that the Framers included as potentially not bailable are currently bailable. Presently, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. Like Senate Bill No. 11, this Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety while minimizing pretrial detention for those for whom detention is not required. Specifically, this Act, like Senate Bill No. 11, will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive or presumption of the accusation great, and other specifically identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof is positive or presumption of the accusation great. (3) Ensure that an additional condition precedent to bail being withheld in non-capital cases is a finding by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the person’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. This constitutional amendment, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a preventive detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code to prescribe by law the specific felony offenses, circumstances, and procedures under which detention without bail may occur. With this change, though, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this change does so by adopting the standards recommended by authoritative sources including the National Conference of State Legislatures, the Uniform Law Commission, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. Any legislation subsequently enacted or court procedures adopted to implement this constitutional amendment would have to require individualized, fact-governed decision-making by any court considering preventive detention to pass muster under the United States and Delaware Constitutions. Senate Bill No. 12, as introduced, is intended to do this. 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. 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.AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES.
SB 314 w/ SA 1SignedPinkneyThis Act removes “supervision” from the scope of practice of a master’s social worker. This Act also prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. The Board of Social Work Examiners (Board) determined that a master’s social worker lacks the education and experience needed to provide clinical supervision. Under this Act, an applicant for licensure as a licensed clinical social worker may still obtain supervision from a licensed psychologist or licensed psychiatrist where a licensed clinical social worker is not available, under the Board’s rules and regulations. This Act also adds a grandfathering provision so that an applicant or licensed clinical social worker who started or completed supervision with a master’s social worker on or before the enactment date of this Act satisfies the supervision requirement under § 3907(b)(4) of this title as long as the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title. The grandfathering provision also allows a master’s social worker who is supervising an applicant as of the enactment date of this Act to continue supervision under the applicant completes the 2-year supervised experience requirement. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS.
SB 316SignedWilsonThis Act creates an annexation process for the Town of Slaughter Beach to extend its boundaries in accordance with § 101 of Title 22 of the Delaware Code. There is an expedited process that requires only the Town Council’s approval if the following conditions are met: (1) All owners of a contiguous territory petition the Town for annexation. (2) If the annexation is advantageous to the Town and the territory proposed for annexation. If less than all the owners of a contiguous territory petition for annexation or if the annexation is determined to be disadvantageous to either the Town or the territory proposed for annexation, then the Town Council must decide whether to hold a special election to vote on the proposed annexation. If the Town Council passes a resolution to hold the special election, then it must proceed with the annexation if it is approved by the special election. Residents of the Town and the territory proposed for annexation who are age 18 years old and older may vote in the special election and have one vote. Property owners in the Town and the territory proposed for annexation may vote in the special election and have one vote regardless of whether the owner is an individual or a business entity and regardless of whether the owner owns multiple properties. If the annexation is approved, within 60 days, the Town Council must record a description and plot of the annexed territory in the Sussex County Recorder of Deeds. If the annexation is not approved, then the territory cannot be considered for annexation for a year from the date of the special election. Anyone opposing an approved annexation must bring an action before 60 days after the publishing or posting of notice of the annexation. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF SLAUGHTER BEACH RELATING TO ANNEXATION
SB 318SignedHuxtableThis bill enables the Delaware Nutrient Management Commission to regulate the application of nutrients to turf by commercial nutrient handlers. The law excludes athletic fields, golf courses, and land used in the production for sale of sod or seed and only applies to commercial nutrient handlers who are paid to apply such nutrients. This bill decreases the threshold of serviced acreage for which commercial nutrient handlers would need a certification to apply nutrients to turf. Allowing the Commission to oversee such conduct will further ensure that Delaware’s waterways are continually improved and maintained to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Section 1 of the bill grants the Commission the authority to regulate the application of nutrients to turf and defines turf. Section 2 of the bill broadens the Commission’s pool of potential officers to any appointed member not just the five appointed by the Governor. Section 3 of the bill provides greater detail as to whom the Commission regulates regarding turf and when, as well as setting forth constraints as to when and how certain nutrients can be applied. The commission will reduce the threshold for regulated commercial nutrient handlers from 10 acres of service area to ¼ acre (10,890 sq ft). The definition of commercial nutrient handler is expanded. The requirement of a nutrient management plan is eliminated for areas falling within these newly established constraints. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 3, CHAPTER 22 OF THE DELAWARE CODE RELATING TO THE DELAWARE NUTRIENT MANAGEMENT COMMISSION.
HA 1 to SS 1 for SB 269PassedK. WilliamsThis Amendment makes the conditions under which an animal welfare officer must seize and impound a dog consistent with the findings that the Justice of the Peace Court must make to declare a dog potentially dangerous under § 3077F(a) of Title 16 or dangerous under § 3076F(a) of Title 16. This Amendment also clarifies that the current provision that a dog may lose its potentially dangerous designation after a 24-month term applies only to dogs that are declared potentially dangerous prior to the effective date of the Act. Dogs deemed potentially dangerous on or after the effective date of the Act will retain the potentially dangerous designation permanently. Finally, the Amendment adds a Section 13, which provides that Sections 9 and 10 of the Act, pertaining to the findings necessary to declare a dog dangerous or potentially dangerous and the requirements the owners of those dogs must meet, apply only to actions filed on or after the effective date of this Act. 
HS 1 for HB 383 w/ HA 1, HA 2 + SA 1SignedHarrisThis substitute for House Bill 383 does the following: Like House Bill 383, Section 1 of this Act prohibits discrimination against 340B drug distribution by manufacturers, third-party logistics providers, and wholesale distributors. Violations are deemed an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Department of Justice has authority to promulgate regulations to implement the provisions of this Act. This Section differs from House Bill 383 by removing repackagers from the list of entities prohibited from engaging in 340B drug discrimination, authorizing the Board of Pharmacy to promulgate regulations and take disciplinary action against both licensees and holders of permits issued by the Board, and requiring covered entities, manufacturers, third-party-logistics providers, and wholesale distributors to publish annual reports on their websites and provide copies of the reports to the Board of Pharmacy, Speaker of the House, Senate President Pro Tempore, Office of the Governor, and members of the House and Senate Health Committees and Joint Finance Committee. Section 2 of this Act prohibits discrimination by pharmacy benefits managers against 340B covered entities. Violations are deemed unfair practices in the insurance business. Contracts purporting to include provisions in violation of this Act are deemed void and unenforceable. This Section differs from House Bill 383 by making technical changes to correct internal references and changing references to “health carriers” to reference “purchasers” instead. Section 3 of this Act contains severability language in the event that any provision or the application of the Act to a person or circumstance is deemed to be invalid. Section 4 of this Act contains non-preemption language to ensure that the Act can be read and interpreted to not conflict with other State or federal law.AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PROHIBITING DISCRIMINATION AGAINST 340B DRUGS AND COVERED ENTITIES BY MANUFACTURERS AND PHARMACY BENEFITS MANAGERS.
SB 329SignedBucksonThis Act defines “United States military pension” for the exclusion for taxable income.AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO EXCLUSION OF MILITARY PENSIONS FROM TAXABLE INCOME.
SS 1 for SB 301SignedGayLike Senate Bill No. 301, this Act, Senate Substitute No. 1 for Senate Bill No. 301 requires public universities in this state to provide access to medication for the termination of pregnancy and emergency contraception. The medication and contraception must be provided on-site, but consultation to provide them may be performed by a provider at the student health center or by a provider who is associated with a university-contracted external agency. This Act takes effect on July 1, 2025. Senate Substitute No. 1 for Senate Bill No. 301 differs from SB 301 as follows: - Defines the term "student." - Provides an exception for a university that does not have a student health center, including requirements that the university provide information and referral services to students and ensure that the university's health services website provides specified information relating to reproductive services. - Adds a requirement that universities maintain confidentiality of information a student provides relating to a request for a referral. - Removes references to private institutions of postsecondary education.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PROVIDING MEDICATION ABORTION PRESCRIPTION DRUGS AND EMERGENCY CONTRACEPTION.
SB 331SignedPooreThis Act revises §§ 4732 and 4733 of the Uniform Controlled Substances Act, Subchapter III, Chapter 47, Title 16 of the Delaware Code, pertaining to the regulation of the manufacture, distribution and dispensing of controlled substances. The revisions provide that out-of-state practitioners who wish to prescribe controlled substances in Delaware pursuant to a practice privilege, interstate compact license, telehealth registration, or military registration, must obtain a Delaware controlled substance registration. This Act will ensure that these out-of-state practitioners are subject to Delaware regulation with respect to prescribing controlled substances to Delaware patients.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.
SS 1 for SB 247SignedHuxtableThis Act creates a clearer and workable system for ensuring that manufactured home communities with health and safety violations and conditions that threaten the health and safety of people in the community cannot continue to raise rents on residents without fixing the conditions and providing a safe community for its residents. This substitute differs from the original bill in that it does the following: (1) Adds definitions to § 7003 for the whole chapter. (2) Creates a section that provides requirements for what a community owner must do when it receives a citation or experiences a failure of services related to water, sewer, or utilities distributed by the community owner, including having to fix the problem within 10 days or give detailed reasons why it cannot be completed in that timeframe as well as provide a surety bond for 150% of the estimated cost if it cannot be done in that timeframe. (3) Specifies that a community owner cannot impose a rent increase if it does not comply with the requirements of new section governing such repairs. (4) Changes the court in which community owners may dispute a citation for purposes of receiving a rent increase from Superior Court to the Justice of the Peace Court. This Substitute also makes the new version of § 7051A sunset on July 1, 2026. It reinserts the current version of § 7051A into the code on July 1, 2026, when the new version sunsets. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING.
HA 1 to SB 246PassedParker SelbyThis Amendment to Senate Bill No. 246 clarifies that manufactured homes are homes for which the Housing Repair and Modification Fund may be used. 
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. 
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.
HA 1 to SS 1 for SB 293PassedS. MooreThis Amendment revises this Act to reflect the Delaware State Housing Authority's receipt of the third-party consultant's recommendation report in May 2024 and makes the following changes based on those recommendations: 1. Requires that the public housing authorities adopt and implement the recommended standardized sequence of processing a Request for Tenancy Approval and that a landlord may deny a rental application if a public housing authority fails to comply with this process. 2. Makes this Act effective immediately but implemented the later of when the public housing authorities have implemented all of the short-term recommendations in the consultant's May 2024 report or January 1, 2026. 
HA 1 to HA 1 to SS 1 for SB 269PassedK. Williams This Amendment provides that Sections 9 and 10 of the Act, pertaining to dogs declared dangerous or potentially dangerous by the Justice of the Peace Court or by voluntary acceptance by the owner, apply only to dogs designated as dangerous or potentially dangerous on or after the effective date of the Act. This differs from House Amendment No. 1 to Senate Substitute No. 1 for Senate Bill No. 269 in that House Amendment No. 1 linked the effective date of Sections 9 and 10 to the filing of an action in the Justice of the Peace Court.  
HA 1 to SS 3 for SB 169PassedBushThis Amendment does all of the following: (1) Changes the time period for providing notice to the Department of Justice of a petition from 15 days to 90 days. (2) Clarifies that the Department of Justice can oppose a petition on the basis that the petitioner in fact committed the crime charged, and can introduce evidence of guilt in any hearing on the petition. Further, any relevant evidence, including evidence introduced at trial, the trial transcript, and any police or investigative reports can be introduced at this hearing. However, consistent with lines 63 and 64 of this Act, where there has been a prior finding from a court that the petitioner did not commit the crime that resulted in the conviction, or that there was not a crime committed, that finding is binding for purposes of the hearing. (3) Establishes that the State Treasurer, and not the Attorney General, shall report quarterly on the Wrongful Conviction Compensation Fund. (4) Makes technical changes to clarify the benefits that the State must provide to individuals who are released from incarceration as the result of the reversing, overturning, or vacating of one or more convictions. (5) Changes a requirement that may have conflicted with federal law by allowing the State to provide health and dental insurance at no cost to individuals either through Medicaid or through the Delaware Health Insurance Marketplace or other comparable insurance product. (6) Delays the effect of this Act until June 30, 2025. 
HA 1 to HB 453PassedLynnHouse Bill No. 453 protects Delaware’s fresh water supply while also reducing costs for small businesses and single-family residential homeowners by eliminating certain requirements relating to the installation of backflow prevention devices. This Amendment makes corrections to align with the Department of Natural Resources and Environmental Control’s Well Construction Regulation: 7301, Regulations Governing the Construction and Use of Wells. This Amendment also corrects the spelling of the word “preventers” on line 20.  

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

Committee
Administration

Senate Committee Report

Committee
Banking, Business, Insurance & Technology
Elections & Government Affairs
Finance
Housing & Land Use

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 301DefeatedDorsey WalkerThis Act is the first leg of an amendment to the Delaware Constitution to prohibit the imposition of the death penalty. 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 when the General Assembly amends the Delaware Constitution. AN ACT PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITING THE IMPOSITION OF THE DEATH PENALTY.
HB 453 w/ HA 1DefeatedLynnThis Act protects Delaware’s fresh water supply while also reducing costs for small businesses and single-family residential homeowners by eliminating the requirements for installation and yearly inspections of backflow preventors on low-hazard water users. However, an otherwise low hazard property that has fire sprinkler systems, in-ground lawn sprinklers, swimming pools, hot tubs, or similar systems connected to its fresh water supply will be required to install a backflow preventor. Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because it constitutes an implicit charter change, as the ordinances it seeks to override derive their authority from municipal charters. This Act also makes a technical correction on line 16. The word “shall” is changed to “must” 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 BUILDING AND PLUMBING.

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Lodhavia, RajalakshmiConfirmedMember, State Board of EducationNew