Daily Report for 10/2/2024

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
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.
SJR 4 w/ HA 2SignedHoffnerThis Joint Resolution directs the Division of Motor Vehicles to opt into the FMCSA’s federal exemption that allows for first time CDL applicants seeking a school bus only endorsement on their driver’s license. An applicant’s school bus only endorsement would only apply to intrastate operation of a school bus. The Division of Motor Vehicles is directed to implement this policy by May 1, 2024. DIRECTING THE DIVISION OF MOTOR VEHICLES TO OPT INTO A FEDERAL EXEMPTION TO DEVELOP A "SCHOOL BUS ONLY - COMMERCIAL DRIVER'S LICENSE".
SB 233 w/ SA 1SignedWalshThis Act establishes employment protections for certain service employees during changes of ownership by requiring all of the following: 1. Notice to affected service employees at covered locations at least 15 days before a service contract is terminated, services are contracted out, or the property where they are employed is sold or transferred. This notice must state the event triggering the notice, information about the new awardee, purchaser, or transferee, and the service employee’s rights under this Act. 2. The successor employer must retain all affected service employees at a covered location for a 90-day transition period. The successor employer may not reduce any affected service employee's work hours in order to circumvent the protections under this Act and requires that a successor employer give an affected service employee a written offer of employment in English, Spanish, and in any language that is the first language spoken by at least 5% of the affected service employees. 3. Copies of the required notice and offer of employment must also be sent to the employee's collective bargaining representative, if any. This Act applies as follows: 1. To contractors who enter into a service contract for a covered location, if the contractor employs more than 4 service employees anywhere in the United States. 2. To service employees at covered locations. "Service employees" are individuals employed or assigned to a covered location on a full or part-time basis for at least 60 days in connection with the care or maintenance of a building or property, specific services at an airport, or food preparation services at a school that is an agency under § 6902 of Title 29. Service employees do not include managerial or professional employees, employees regularly scheduled to work less than 16 hours per week, or individuals who work on structural, electric, HVAC, or plumbing projects that require a permit. 3. To service contracts at the following locations: • A multi-family residential building with more than 50 units. • A commercial center, commercial or office complex, or office building occupying more than 100,000 square feet. • A cultural center or complex, including museums, convention centers, arenas, or performance halls. • An industrial site. • A pharmaceutical lab. • An airport or train station. • A health care facility that provides long-term, acute, or outpatient health-care services as these services are defined in § 7971 of Title 29. • A warehouse or distribution center. • A building operated by a State agency subject to the procurement requirements under Chapter 69 of Title 29. A successor employer may only retain fewer than all of the affected service employees during the transition period if the successor employer: 1. Finds that fewer service employees are required to perform the work than the predecessor employer had employed. 2. Retains service employees by seniority within each job classification. 3. Maintains a preferential hiring list of those service employees not retained. 4. Hires any additional service employees from the preferential hiring list, in order of seniority, until all affected service employees have been offered employment. A service employee who has been discharged or otherwise not retained in violation of the requirements under this Act may bring an action against a successor employer or an awarding authority and these violations are subject to punitive damages as follows: 1. For a first violation, an amount not exceeding $2,500. 2. For a second or subsequent violation, an amount not exceeding $5,000. 3. Each work week during which there is a day when a violation occurs constitutes a separate violation. 4. A court may also order back pay, compensatory damages, issue injunctive relief requiring that the successor employer comply with requirements under this Act, and award the service employee reasonable attorney fees and costs. This Act takes effect 90 days after enactment and applies to all contracts entered into or renewed after its enactment into law and is known as “The Service Worker Protection Act”.AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE SERVICE WORKER PROTECTION ACT.
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.
SB 259SignedPooreThis Act is a result of the Delaware Interscholastic Association ("DIAA") Task Force. Based on the findings of the task force, this Act updates and modernizes the DIAA Board of Directors' composition. This Act also makes technical corrections that conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.
SB 16SignedSokolaThe governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act implements the process of aligning the end of the term of each of the members of the Governor’s cabinet with the end of the Governor’s term by designating the principal officer of each executive department who is subject to the amendments to § 10 of Article III of the Delaware Constitution proposed by Senate Bill No. 15. The General Assembly’s intent in making this change is to require each member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of a Governor. This Act also makes the following consistent: (1) The method of determining the annual salary of members of the Governor’s cabinet, by providing that the General Assembly is to set the salary in the annual appropriations act, thereby conforming the Delaware Code to current practice. (2) The preference for members of the Governor’s cabinet being residents of this State on appointment, by removing from the Delaware Code the preference for residency for the Secretary of the Department of Safety and Homeland Security, the Secretary of the Department of Finance, the Secretary of the Department of Transportation, the Secretary of Labor, the Housing Director of the Delaware State Housing Authority, and the Secretary of the Department of State. Residency requirements for members of the Governor’s cabinet are being removed from the Delaware Code by this Act and replaced with a notation that residency requirements are as provided in the Delaware Constitution. Residency requirements for members of the Governor’s cabinet will now be consistent, requiring the members to be residents of this State within at most 1 year after appointment and to remain residents of this State or be deemed resigned from office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Because the next General Assembly must concur in the proposed amendment to the Delaware Constitution, this Act does not take effect until the passage of the second leg of the constitutional amendment in the 153rd General Assembly.AN ACT TO AMEND TITLE 14, TITLE 20, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.
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.
SB 275 w/ SA 1SignedTownsendThe purpose of this Act is to combat aggressive driving and dangerous speed differentials on targeted roadways. This Act prohibits vehicles from traveling in the left lane on the portions of State Route 1 or Interstate 495 that are an express highway, as defined in § 101 of Title 17, or a controlled access facility, as defined in § 172 of Title 17, except in any of the following circumstances: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle. (2) When necessary to enter, leave, or continue on the roadway. (3) When necessary due to an obstruction. (4) When necessary in response to emergency conditions. (5) When necessary due to traffic conditions or congestion. (6) To comply with other law or regulation. In addition to being prohibited from traveling in the left lane, a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds is further restricted to traveling only in the right-hand lane except in the same circumstances as when a vehicle may travel in the left lane. An operator who refuses, fails, or neglects to comply with § 4114A is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty of not less than $25 nor more than $75. (2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING ON A ROADWAY.
SB 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 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 292 w/ HA 2SignedSturgeonThis Act updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and improve information sharing between educational institutions and programs operating in this State, including local postsecondary institutions and programs and local education agencies, and the Department of Education (“Department”). Specifically, the Act does the following: (1) Provides that educational records of students, and personally identifiable information contained therein, may only be disclosed or redisclosed in accordance with FERPA and its implementing regulations. (2) Allows local education agencies and educational institutions and programs who outsource their data exchange and compliance with reporting requirements to the Department to consider the Department a school official as defined by FERPA regulations. This allows educational institutions and programs to disclose to the Department, without parental consent, information necessary for federal and state reporting when there is a legitimate educational interest. (3) Gives the Department authority to redisclose educational records for the purposes of ensuring the effectiveness of publicly funded programs and improving educational outcomes for students. Like initial disclosures, redisclosures must comply with FERPA and its implementing regulations. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF PUPILS' SCHOOL RECORDS.
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 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.
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.
HB 375SignedBaumbachThis Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee. Under this Act, the amount of the premium for a health-care insurance plan that this State will pay on behalf of eligible pensioners who were first employed as a regular officer or employee on or after January 1, 2025, and who are not subject to mandatory retirement, is changed as follows: 1. For eligible pensioners employed by the State for at least 15 years but less than 20 years at the time of retirement, 50% of the of the premium. 2. For eligible pensioners employed by the State for at least 20 years but less than 25 years at the time of retirement, 75% of the of the premium. 3. For eligible pensioners employed by the State for 25 or more years at the time of retirement, 100% of the of the premium. All other revisions to current law under this Act are technical changes to improve clarity and conform existing law to the standards of the Delaware Legislative Drafting Manual. These technical changes include the addition of new defined terms and the reorganization of existing law. In § 5201 of Title 29, this Act makes the following technical changes: 1. Revises the definitions of “eligible pensioner”, “plan”, and “regular officer or employee” to remove inconsistent language and align with each other and current law. 2. To avoid repeating phrases in § 5202 of Title 29, clarifies that only for purposes of the amount of the premium paid by the State for health-care insurance plans, the term “eligible pensioner” includes the eligible pensioner’s eligible spouse and dependents and defines the following terms: • “First employed” means the date when the eligible pensioner began work as a regular officer or employee. • “Mandatory retirement” means mandatory retirement for members of the State Police under § 8361 of Title 11. • “Maximum state share" means the amount of the premium that the State pays for a plan before the proration ratio is applied. • “Premium” means the total premium or subscription charge for a health-care insurance plan provided under Chapter 52 of Title 29. In § 5202 of Title 29, this Act makes technical changes to clarify current law regarding the amount of the premium for a health-care insurance plan that this State will pay on behalf of a regular officer or employee or an eligible pensioner by doing the following: 1. Creates the following terms: • “Proration ratio”, which means the percentage applied to the maximum state share. For eligible pensioners, the “proration ratio” is based on when the eligible pensioner was first employed and the number of years the eligible pensioner had been employed as a regular officer or employee at the time of retirement. • “Prorated state share”, which means the dollar amount that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner. The “prorated state share” is the product of multiplying the proration ratio with the maximum state share. 2. Revises subsection (a) to use the new terms defined under this Act. 3. Transfers the current provisions in paragraphs (b)(1) and (b)(2) that provide the maximum state share for eligible pensioners to subsection (a), so they are with the maximum state share for regular officers and employees. 4. Revises subsection (b) so that the proration ratio and how it is used to determine the prorated state share is explained in paragraph (b)(1) and the proration ratios are provided in paragraphs (b)(2) and (b)(3). • Paragraph (b)(2) lists all groups for whom the proration ratio is 100% because there are no deductions to the maximum state share. • Paragraph (b)(3) provides the proration ratios for eligible pensioners based on the date the eligible pensioner was first employed and years of employment as a regular officer or employee. These ratios clarify that for eligible pensioners who worked for less than the minimum number of years for the 50% proration ratio, the State does not pay anything towards the maximum state share.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAYMENT OF PREMIUM OR SUBSCRIPTION CHARGES BY ELIGIBLE PENSIONERS.
HB 376SignedBaumbachThis Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee. Under this Act, the state group health insurance program must include a pensioner coordination of benefits policy for eligible pensioners who were first employed by the State on or after January 1, 2015, and are eligible for health care coverage through their employer that is not through a plan under Chapter 52 of Title 29. The new pensioner coordination of benefits policy begins July 1, 2027, and must be comparable to the exiting coordination of benefits policy for the spouse of a state group health insurance program participant who is eligible for health care coverage through the spouse's own employer. This Act also codifies the existing spousal coordination of benefits policies for the state group health insurance program. The existing spousal coordination of benefits policies and the pensioner coordination of benefits policy created under this Act apply to all participants in the state group health insurance program, which includes regular officers or employees, eligible pensioners, and individuals eligible under § 5208 and § 5209 of Title 29. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.
HB 377Enact w/o SignBaumbachThis Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee (RHBAS). Under this Act, the State must continue to offer eligible pensioners first employed by the State as a regular officer or employee (first employed) before January 1, 2025, a plan that is comparable to the current Special Medicfill Medicare Supplement plan. However, for eligible pensioners first employed on or after January 1, 2025, the State may offer different Medicare supplement plans that are not high deductible plans. This Act differs from the RHBAS recommendation because it does not limit the plan for eligible pensioners first employed on or after January 1, 2025, to plans that are comparable to the current Medicare supplement Plan G and Plan L. This difference is because under this Act, the State will not be able to offer a different Medicare supplement plan to any eligible pensioners until January 1, 2040, and details about the Medicare supplement plans that will be available at that time is unknown. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to align with related legislation.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.
SB 305 w/ SA 1SignedSturgeonThis Act streamlines and modernizes the State Early Childhood Education Program in § 3001 of Title 14, also referred to as State-funded early care and education, as follows: (1) Adds definitions. (2) Provides the Department of Education (Department) with a general grant of authority to provide early childhood educational services. (3) Subject to available appropriations, § 3001(c) of this Act requires the Department to provide free, full-day early childhood educational services for preschool-age children who satisfy eligibility requirements developed by the Department. This provision incorporates elements of epilogue language from the FY 2024 Annual Appropriation Act regarding the Redding Consortium and the Early Childhood Assistance Program (ECAP). (4) Allows for common standards and processes across programs. (5) Requires the early childhood educational services under § 3001(c) to align with quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration. (6) Aligns the length of contracts with the Head Start program, while clarifying that contracts under this section must comply with State procurement standards under Chapter 69 of Title 29. (7) Updates the Code to reflect that the Department uses a quality improvement system instead of Delaware Stars for Early Success. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and for clarity. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.
SB 308SignedGayThis Act adopts the Uniform Special Deposits Act (“the Act”) authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2023 and has been adopted in 2 states and introduced in 3 other states. The Act addresses deposits at a bank where the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time that the deposit is created. An example of such an account is an escrow account holding funds that will be paid to one of two potential beneficiaries depending on the outcome of a contingency. Although such accounts are commonly used, the legal protections afforded them are uncertain. The fundamental purpose of the Uniform Special Deposits Act is to provide a vehicle that banks and their customers can elect to use providing greater legal certainty that the expectations of users will be respected. The Act provides a mechanism those that elect to be covered by the Act can use to avoid case law applied to special deposits that is murky and in some ways outdated in the context of modern banking. In determining whether a person is engaged in the business of banking to be considered a bank for purposes of the Act, the business of banking is intended to be construed broadly to include persons that may engage in limited functions that are part of or incidental to the business of banking, such as a trust company that engages in fiduciary and agency activities and has the power and authority to accept a special deposit. This Act takes effect on January 1, 2025.AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE UNIFORM SPECIAL DEPOSITS ACT.
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 307SignedTownsend This substitute bill for Senate Bill No. 307 clarifies the meaning of custom fabrication as first defined in Senate Substitute 1 for Senate Bill No. 102 in the 152nd General Assembly. That substitute bill modified the relationship between custom fabrication and the prevailing wage. This substitute removes custom fabrication as a term in Title 19 to avoid confusion of the term being defined differently in two different titles. Section 3 of this substitute bill becomes effective immediately. Sections 1, 2 and 4 of this substitute bill become effective January 1, 2025. AN ACT TO AMEND TITLE 19 AND TITLE 29 RELATING TO PREVAILING WAGE AND CUSTOM FABRICATION.
SS 1 for SB 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.
SB 319SignedMantzavinosThis Act changes the requirements for continuing education for doctors related to Alzheimer’s disease or other dementias to require that doctors must only complete 2 hours of this continuing education once. Doctors who do not have direct patient interactions with adult populations over the age of 25 or do not currently practice within the State of Delaware are exempt from this requirement.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO RELATING TO CONTINUING EDUCATION.
HS 2 for HB 168 w/ HA 1SignedK. WilliamsHouse Bill No. 168 creates a short-term rental lodging tax at the rate of 8% of the rent upon every occupancy of a short-term rental within the State. For purposes of collecting the lodging tax on short-term rentals, HB 168 creates an occupational license for a short-term rental listing service. It also authorizes New Castle and Sussex Counties to impose a lodging tax of no more than 3 percent on short-term rentals. House Substitute 2 to House Bill No. 168 is primarily different from House Bill No. 168 in that it decreases the tax rate on short-term rentals and uses different terms and definitions to identify the individuals responsible for collecting short-term rental taxes. Specifically, House Substitute 2 to House Bill No. 168 makes the following changes: (1) Requires accommodations intermediaries to obtain an occupational license and pay an annual licensing fee of $25.00; (2) Ensures that accommodations intermediaries are responsible for the collection and remittance of taxes under this Act and clarifies responsibilities for the collection and remittance of the tax; (3) Defines an accommodations intermediary; (4) Decreases the short-term rental tax rate from 8% to 4.5%; (5) Establishes the short-term rental tax in a new chapter within Title 30; (6) Clarifies that short-term rental taxes will be distributed as follows: 62.5% to the State General Fund; 12.5% to the Beach Preservation Fund of the Department of Natural Resources and Environmental Control; 12.5% to be designated in the proportion in which collected, to the duly established convention and visitors bureau in each county; and 12.5% to the Delaware Tourism Office; (7) Adds the Georgetown, Millsboro, Milton, Milford, and Western Sussex Chambers of Commerce to those organizations that determine the Sussex County Convention & Visitors Bureau; and (8) Updates effective dates for licensing, tax levy, and related obligations. AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO LODGING TAX.

New Legislation Introduced

No Introduced Legislation

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

No Senate Committee Assignments

House Committee Assignments

No House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records