| HB 200 w/ HA 1 | Signed | Longhurst | This Act establishes a mental health services unit for Delaware high schools. The unit is phased in over 3 years, beginning in FY2024, to arrive at a final ratio of 250 full-time equivalent students grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 9-12 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in high schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for high school students. Districts and charters should prioritize the hiring of school counselors who provide mental health services over those who provide career counseling.
Conforming changes are also made to code sections dealing with mental health units for elementary and middle school students.
This Act also creates a reimbursement program to encourage current school employees to gain certifications or professional licensure in critical need mental health areas. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED MENTAL HEALTH SERVICES. |
| HB 209 w/ HA 1 + SA 3 | Signed | Lambert | This Act prohibits rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle. This Act abrogates the common law of loss of use to the extent that it applies to shared vehicle owners, peer-to-peer car sharing programs, and rental car companies and supersedes any other statute to the extent of a conflict. | AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CAR COMPANIES AND PEER-TO-PEER CAR SHARING. |
| SB 187 | Signed | Sturgeon | This Act ensures that educators hired after the effective date of this Act, who earned graduate degrees prior to becoming educators, receive credit on the salary schedule for those degrees regardless of the specific subject area of those degrees. Once an individual is employed as an educator, in order to receive credit for any graduate degrees earned after that time, such degree must be in the subject area in which the educator is employed. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION. |
| HS 1 for HB 5 w/ HA 1 | Signed | Longhurst | The State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports.
This House Substitute differs from the original HB 5 in that the deadline for application for a State Plan Amendment is extended to January 1, 2025. It also allows the Department of Education, the administrator of all reimbursements, to retain up to 5% of federal reimbursement dollars in order to defray administrative costs. Remaining funds shall be reimbursed to the local education agencies providing the services. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT OF SCHOOL-BASED BEHAVIORAL HEALTH SERVICES. |
| SS 1 for SB 212 | Signed | Brown | Like Senate Bill No. 212, Senate Substitute No. 1 for Senate Bill No. 212 codifies the Bureau of Health Equity (BHE) in the Division of Public Health, which includes the Office of Minority Health and the Office of Women’s Health. The purpose of the BHE is to ensure that everyone in Delaware will achieve their full health potential by eliminating health disparities, particularly among all racial and ethnic minority groups. The BHE works with communities to address social determinants of health, focusing on prevention, health, and wellness in the broader population instead of treatment focused on individuals. Health disparities are preventable differences in the quality of health or health care between 2 or more groups of people based on a shared characteristic of the individuals within each group, such as race, ethnicity, or socioeconomic status and the differences between the groups regarding access to health care or burdens, prevalence, or incidence of disease or violence.
Delaware has been recognized nationally for successfully reducing some health disparities, including being the first state to virtually erase racial disparities in colorectal cancer screening and treatment, by combining individual patient assistance from nurse navigators and care coordinators with community-based outreach efforts that used trusted messengers, including leaders of faith-based communities.
However, 10 years after achieving this success with colorectal cancer screening and treatment, many health disparities remain in Delaware. Codifying the BHE ensures that this critical work continues. In addition, this Act identifies the Primary Care Reform Collaborative and the Office of Value-Based Health Care Delivery as state entities that the BHE should collaborate with because these entities are addressing health disparities through insurance payments to providers.
This Act also makes technical corrections to § 7905 of Title 29.
Senate Substitute No. 1 for Senate Bill No. 212 differs from Senate Bill No. 212 as follows:
• Changes the Delaware Code designation for the BHE to § 7905B to avoid confusion with § 7905A in Chapter 79A of Title 29.
• Revises the definition of “health disparity”.
• Adds that a purpose of the BHE is to promote conditions that are vital to promote health and well-being.
• Removes the requirement that the BHE provide training on cultural competency because this is no longer a function that the BHE has the expertise or staff to provide. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BUREAU OF HEALTH EQUITY. |
| SB 25 w/ SA 1 | Signed | Huxtable | This 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 244 | Signed | Huxtable | This 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 246 w/ SA 1 + HA 1 | Signed | Huxtable | For 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. |
| SS 1 for SB 245 | Signed | Huxtable | The 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. |
| SS 1 for SB 22 | Signed | Huxtable | This 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 283 | Signed | Brown | This 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 282 | Signed | Brown | This 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 284 | Signed | Brown | This 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. |
| SS 1 for SB 293 w/ HA 1 | Signed | Lockman | The 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. |
| HB 444 | Signed | Schwartzkopf | This Act designates the Orange Crush as the State cocktail. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE COCKTAIL. |
| SS 1 for SB 247 | Signed | Huxtable | This 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. |
