Daily Report for 11/4/2024

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
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.
HB 275SignedMorrisonThis Act updates the definition of "sexual orientation" throughout the Delaware Code by adding asexuality and pansexuality. Asexuality refers to individuals with little to no sexual attraction to other individuals, although asexual individuals may desire emotionally intimate relationships with other individuals. Pansexuality refers to individuals who are attracted sexually or romantically, or both, to another individual regardless of that individual's sex or gender identity. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 6, TITLE 11, TITLE 18, TITLE 19, AND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF SEXUAL ORIENTATION.
HB 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 308 w/ HA 1SignedK. WilliamsThis Act mandates that employees of institutions of higher education and students receive training in sexual assault prevention. Although the current law makes training available, it has not been required. This Act further changes the reporting period in which academic institutions must report information on campus sexual assaults from the calendar year to the academic year. Finally, this Act requires the DOJ to post the annual reports from the previous 5 years on its website and to include the aggregate data from the previous 5 years in each report so that data trends are easily identified. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT POLICIES FOR INSTITUTIONS OF HIGHER EDUCATION.
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 18SignedOsienskiThis bill amends the Merit System of Personnel Administration by allowing for preference in hiring for casual seasonal employees who are performing the same job duties of a posted merit position. AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION.
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.
HB 332SignedK. WilliamsThis Act codifies the teacher academy pathways program that prepares students for careers in elementary and secondary education. Among other things, it requires the DOE to update and revise statewide standards and guidelines for teacher academies and provide technical assistance to local education agencies to meet those standards and guidelines. This Act further requires that teacher academies offer (1) value-added credits to students who have completed the credits required by the initial program of study; and (2) work-based immersion options. Finally, the DOE must publish an annual report summarizing each teacher academy program in the State, including the number of participants in the program and the number of participants who successfully transition to a program or institute of higher learning in the field of education. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMIES.
HS 2 for HB 252SignedK. WilliamsThis Substitute bill differs from House Bill No. 252 by placing the Delaware Institute of Higher Education year-long teacher residency program under Section 1312 of Title 14 rather than Section 1305.This Substitute bill grants graduates of the Delaware Institute of Higher Education teacher-residency program 1 year of experience credit in addition to any other experience granted under Section 1312. The goal of this Act is to incentivize a new graduate who has completed the year-long Delaware residency program to stay and teach in Delaware by elevating their starting pay grade level by giving them 1 year of experience credit.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SALARY STEP FOR COMPLETION OF TEACHER RESIDENCY PROGRAM.
HS 2 for HB 273 w/ SA 1SignedDorsey WalkerThis Substitute bill adds 5 additional speech-language diagnosis to the 2 diagnoses listed in H.B. 273 and references that all 7 speech-language diagnoses are classified in the International Classification of Diseases (ICD-10) for billing purposes. This Substitute bill broadens the definition of “child” from 1 year to first grade to include all children from birth to age 18. This Substitute bill deletes the definition of carrier since the term is not referred to in these new sections and clarifies that Section 2 refers to group and blanket health insurance policies not individual health policies. This Substitute bill also clarifies that the Act applies to all health insurance contracts delivered, issued for delivery, or renewed after December 31, 2024.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH COVERAGE FOR SPEECH THERAPY.
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.
HB 367SignedDorsey WalkerThis Act sunsets the Provider Advisory Board (“Board”) and is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Board. The Board was created in 2011 at JLOSC's recommendation when it reviewed the Office of Child Care Licensing ("OCCL"). The original purpose of the Board was to advise the OCCL regarding the adoption, promulgation, and amendment of rules and regulations required to carry out the Delaware Child Care Act, focusing on early care and education, family child care homes, and school age centers. In 2019, the Board's purpose was expanded to encourage OCCL to communicate with providers and encourage OCCL to enforce the Delaware Child Care Act in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations. In 2020, both the Board and the OCCL were moved from the Department of Service for Children, Youth and their Families to the Department of Education. The move has increased the frequency of communication between licensed child care providers and agency units, including the Office of Early Learning and the Delaware Early Childhood Council. JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which added the Board's duties to those of the Delaware Early Childhood Council. Before and since SB 135 was enacted, the OCCL has adopted, promulgated, or amended regulations in the absence of the Board's advice. The OCCL is meeting the needs the Board was intended to address, without the Board's assistance. For these reasons, JLOSC concluded that the Board is not fulfilling its statutory duties or meeting a state need, and that the Board should be sunsetted. This Act therefore sunsets the Provider Advisory Board. Because the Extended Learning Opportunities Subcommittee included a member from the Board, this Act also replaces that member with a licensed provider that serves children not yet kindergarten age. Otherwise, sunsetting the Board would have the unintended consequence of making the subcommittee a member short. Separate legislation fulfills JLOSC's recommendation that a third center-based early care and education provider be added to the Delaware Early Childhood Council.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD AND THE EXTENDED LEARNING OPPORTUNITIES SUBCOMMITTEE.
HB 368SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Provider Advisory Board ("Board"). Based on its findings, JLOSC recommended sunsetting the Board, which is addressed in separate legislation. This Act fulfills JLOSC's related recommendation, to add a third center-based early care and education provider to the Delaware Early Childhood Council ("DECC"). In 2023, JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which consolidated the functions of Board into the functions of DECC. The Board's review was held over to 2024, when JLOSC evaluated the implementation of SB 135. JLOSC concluded that consolidating the Board's duties into DECC was successful. JLOSC also concluded that, given the findings of its 2023 review of the Board and evaluation of the Board's activities since the enactment of SB 135, the Board is not meeting a state need. JLOSC therefore recommended sunsetting the Board and adding a third center-based early care and education provider to DECC. This Act fulfills the addition to DECC.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE EARLY CHILDHOOD COUNCIL.
HS 1 for HB 302SignedBoldenAccording to the American Cancer Society, prostate cancer is the second-leading cause of death from cancer in men. It is estimated that about 1 in 41 men will die of prostate cancer. According to ZERO Prostate Cancer, Black men face serious health care disparities regarding prostate cancer. 1 in 6 Black men will develop prostate cancer in their lifetime compared to 1 in 8 men overall. Black men are also 1.7 times more likely to be diagnosed with, and 2.1 times more likely to die from, prostate cancer than white men.  HB 302 requires all group, blanket, and individual health insurance policies to cover prostate screening for men at risk of prostate cancer. This Substitute bill broadens the definition of “prostate screening” to include any medically necessary and clinically appropriate method for the detection and diagnosis of prostate cancer, including a digital rectal exam and prostate specific antigen test, and associated laboratory work. This Substitute bill also clarifies the ages at which prostate screenings must be covered, consistent with the American Cancer Society guidelines, as follows: (1) Age 50 for men at average risk of developing prostate cancer; (2) Age 45 for men at high risk of developing prostate cancer, including African American men and men who have a first degree relative diagnosed with prostate cancer; and (3) Age 40 for men at even higher risk for prostate cancer, including men who have more than one first degree relative diagnosed with prostate cancer.  This Substitute bill also extends the effective date to health insurance policies modified after December 31, 2025, and makes technical corrections. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROSTATE CANCER SCREENING.
HB 371SignedK. WilliamsThis Act changes how the Insurance Commissioner and the State Treasurer provide for distributions from taxes collected by the Insurance Commissioner to be made to fire companies or departments in Delaware. The current method for reporting, calculating, and making distributions to fire companies or departments is complex to administer and can lead to incorrect payments. This Act simplifies the reporting process and provides a new method for calculating the funds distributed to fire departments and companies in the City of Wilmington, New Castle County outside of Wilmington, Kent County, and Sussex County. Specifically, it reduces the number of payments per year from two to one, gives the Insurance Commissioner more time to ensure the accuracy of insurer-reported financial data, and establishes detailed guidelines for how the funds should be distributed to the various fire companies or departments. This Act also makes changes to the reporting requirements related to payments made by the State Treasurer to the State Insurance Coverage Office. In addition, this Act amends the requirement related to the Delaware Volunteer Firefighter’s Association (“DVFA”) annual report to the Insurance Commissioner. This requirement is being amended because contrary to what the current statute states, the Insurance Commissioner does not use the report to calculate funding under this section. DVFA is now also required to send its annual report, which details the locations, apparatuses, and equipment maintained for its member fire companies or departments, to the State Fire Prevention Commission. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective January 1, 2025. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE STATE FIRE PREVENTION COMMISSION, FIRE COMPANIES OR DEPARTMENTS, AND THE STATE INSURANCE COVERAGE OFFICE.
HB 385SignedLonghurstThroughout 2023, the Code Revisors provided the General Assembly with potential technical corrections that the Code Revisors identified as the Code Revisors revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2023 or as the Code Revisors reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of those provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects a grouping and phrasing error in § 718(b) of Title 4 from House Bill No. 83 of the 136th General Assembly. Section 2. This section corrects a stylistic error in § 1304 of Title 4, from House Bill No. 2 of the 152nd General Assembly, by removing the redundant words “but not limited to” following “including” as recommended by the Delaware Legislative Drafting Manual. Sections 3 and 4. These sections correct errors in §§ 1314(b)(4)c. and 1354(e)(2) and (f), from House Bill No. 2 of the 152nd General Assembly, by making clear that the location of the licensed premises is relevant to the statutes, and not the location of the license itself. Section 5. This section corrects a stylistic error in § 3311(c)(2) of Title 5, from House Bill No. 97 of the 152nd General Assembly, by removing the impression that the “officer” immediately following must also be a “controlling person” with respect to applicants. Section 6. This section implements the intent of House Bill No. 131 of the 152nd General Assembly by deleting language in the concluding paragraph § 73-304(c) of Title 6 which had been improperly removed without striking in the original bill. Section 7. This section corrects an error in § 7502A(c) of Title 7, from House Bill No. 190 of the 152nd General Assembly, by making it more clear that notice to the Chair of revocation of a representative or designee should come from the entity or official authorizing them to act as representative or designee. Section 8. This section corrects a stylistic error in § 10002(16) of Title 7, from House Bill No. 99 of the 152nd General Assembly, by conforming the definition of “state agency” to the definition adopted in § 6902 of Title 29. Section 9. This section corrects a stylistic error in § 1101A(3)b.7. of Title 9, from House Bill No. 11 of the 151st General Assembly, by conforming a “911 communications” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 10. This section conforms § 1077(c) of Title 10, from Senate Bill No. 69 of the 137th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 11. This section corrects an error in § 4319(b) of Title 10, from House Bill No. 167 of the 152nd General Assembly, by making clear that a CISM (consultation, risk assessment, education, intervention, and other crisis intervention services) team member or trained peer support member need not be requested to disclose proceedings, communications, and records in order to decline producing only one category of those items so listed. Section 12. This section corrects an error in § 7209(a) of Title 10, from House Substitute No. 1 for House Bill No. 264 of the 151st General Assembly, by substituting “sexual violence protective order” (as referenced in § 7202 of Title 10) for the inaccurate reference to a “sexual violence protection order.” Section 13. This section corrects an error in § 7708(a) of Title 10, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in § 7701 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 14. This section corrects stylistic errors in § 472(c) of Title 11, from House Substitute No. 2 for House Bill No. 142 of the 152nd General Assembly, by rearranging existing language so that all qualifying language appears before the affected legal categories listed within the statute and by numbering the included categories to conform to Delaware Legislative Drafting Manual style. Section 15. This section corrects an error in § 612(d) of Title 11, from House Bill No. 343 of the 144th General Assembly, by recognizing in (d) the differing class C felony offense in paragraph (a)(12) of the section. Section 16. This section corrects an error in § 832(b)(2)a. of Title 11, from House Bill No. 78 of the 150th General Assembly, by revising an inaccurate internal reference. Section 17. This section corrects an error in § 1103D(a)(1)a. of Title 11, from House Bill No. 182 of the 152nd General Assembly, by correcting the impression that the definition of “torture” requires that the elements of §§ 1103, 1103A, 1103B, and 1103C all be present to satisfy paragraph (a)(1) of the section. Section 18. This section corrects a stylistic error in § 1334(a)(2) of Title 11, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 dispatchers” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 19 and 20. These sections correct an error in the present and future versions of § 1448(a)(11) of Title 11, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in Chapter 77 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 21. This section corrects an error in § 8404(a)(4)e. of Title 11, from House Bill No. 206 of the 152nd General Assembly, by adding the appropriate missing noun at the beginning of the paragraph and by conforming style to that recommended by the Delaware Legislative Drafting Manual. Section 22. This section conforms § 8531(2)a. of Title 11, from House Bill No. 385 of the 146th General Assembly, to § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 23. This section makes corrections in § 1318(f)(1) and (2) of Title 14, from House Bill No. 60 and House Bill No. 61 of the 152nd General Assembly, by addressing a sentence fragment, conforming formatting to the Delaware Legislative Drafting Manual, and aligning the notification process in paragraph (f)(2) of the section with that described in paragraph (f)(1) of the section. Section 24. This section makes corrections in § 2702(h)(1) and (j) of Title 14, from House Bill No. 3 of the 152nd General Assembly, by making clear that the differing definitions for an excused absence in paragraphs (h)(1) and (j)(1) of the section are exclusive to the subsections in which they appear and that the introductory paragraph to (j) of the section applies to that subsection alone and not to the entire statute. Section 25. This section makes a correction in § 4143(f)(4) of Title 14, from House Bill No. 198 of the 151st General Assembly, by redesignating that paragraph as subsection (g) of the section due to the fact that the paragraph is the only one in subsection (f) of the section not concerned with educational programming. Section 26. This section makes a corrections in § 1002A(9) of Title 16, from House Bill No. 403 of the 146th General Assembly, by conforming the language to the referenced facilities licensed in Chapter 11 of Title 16. Section 27. This section corrects stylistic errors in § 1161 of Title 16 as enacted by Senate Bill No. 115 of the 140th General Assembly, and as later amended, by conforming the formatting and language to accepted Delaware Legislative Drafting Manual style and by substituting language respectful to persons with disabilities as required by § 608 of Title 29. Section 28. This section implements the intent of House Substitute No. 1 for House Bill No. 193 of the 152nd General Assembly by striking language in § 3003L(6) of Title 16 which had been improperly removed without striking in the original bill. Section 29. This section makes a correction in § 3001Q(8) of Title 16, from House Bill No. 51 of the 152nd General Assembly, by substituting a specific reference to the statute which defines “long-term, acute, or outpatient health-care services” for a reference to Chapter 79 of Title 29 generally. Section 30. This section corrects stylistic errors in § 4769(a)(1) and (b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 system” reference to accepted style as approved by the Federal Communications Commission, by correcting gender-specific language, and by making adjustments in line with proper Delaware Legislative Drafting Manual style. Section 31. This section conforms § 5520(d) of Title 16, from Chapter 534 of the 118th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Sections 32 and 33. These sections correct stylistic errors in the present and future versions of § 9802 of Title 16 as enacted in Senate Substitute 1 to Senate Bill No. 1 of the 135th General Assembly, and as later amended, to conform to proper Delaware Legislative Drafting Manual style. Section 34. This section makes a correction in § 9903(j)(4) of Title 16, from House Bill No. 98 of the 152nd General Assembly, by making clear that the loan grant recipients are limited to either new primary care providers or new dental providers, and not to those institutions only providing both services. Section 35. This section corrects a stylistic error in § 10203(b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 Committee” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 36. This section conforms language in § 701(23) of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that utilized in the referenced § 1702 of that title. Section 37. This section conforms formatting and style in § 1702 of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 38. This section conforms language in § 1750(1) of Title 18, from Senate Substitute No. 1 for House Bill No. 146 of the 141st General Assembly, to proper Delaware Legislative Drafting Manual style. Section 39. This section conforms language in § 1774 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that utilized in the referenced § 5603 of that title. Section 40. This section conforms the formatting and style of § 5603 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that of the Delaware Legislative Drafting Manual. Section 41. This section conforms the formatting and style of § 6701B of Title 18, from House Bill No. 160 of the 151st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 42. This section corrects § 710(5), (27), and (29) of Title 19, from House Bill No. 184 of the 152nd General Assembly, by addressing the mistaken impression in those paragraphs that one might request verification “from” a court order or family medical leave record rather by submission of those documents. Section 43. This section makes clear in § 4803(c) of Title 21, from Senate Bill No. 68 of the 152nd General Assembly, that all car fitting stations sanctioned by the Office of Highway Services, not merely those operated by the Office, are eligible for referral for car seat guidance and education. Section 44. This section implements the intent of House Bill No. 165 of the 152nd General Assembly by removing language from § 2502(23)h. of Title 24 which had been improperly removed from the original bill without appropriate striking. Section 45. This section implements the intent of House Bill No. 117 of the 152nd General Assembly in § 2708(a)(1)a. and b. of Title 24 by substituting words inserted into the original bill without appropriate striking of present language and underlining of new insertions. Sections 46 and 47. These sections implement the intent of Senate Bill No. 141 of the 152nd General Assembly in § 3708(a)(3)d. of Title 24 by making a substitution which had been inserted into the original bill without appropriate striking of present language and underlining of the new insertion and by accordingly adjusting an affected internal reference in § 3709(a) of Title 24. Section 48. This section corrects stylistic errors in § 221(b)(3) of Title 26, from House Bill No. 69 of the 150th General Assembly, by conforming “911 Administrator for the State” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 49 and 50. These sections conform the language in § 904(a)(1) of Title 29, from House Bill No. 453 of the 151st General Assembly, to current practices of the Division. As noted in Section 64 of this Act, Section 49 is contingent upon enactment of House Bill No. 288 of the 152nd General Assembly. Sections 51 through 54. These sections correct stylistic errors in §§ 5501(l), 5522(a)(6), 5527(a)(1), and 5543(a)(3) of Title 29, from House Bill No. 179 of the 149th General Assembly, by conforming “911 operator” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 55. This section corrects language in § 7914A(c) and (g) of Title 29, from Senate Bill No. 49 of the 152nd General Assembly, by conforming a reference to the Governor’s Commission on Community and Volunteer Services in the introductory paragraph of (c) of the section to others in the statute and by correcting the impression in subsection (g) of the section that members may be appointed for having committed various enumerated misdeeds. Sections 56 and 57. These sections make corrections in §§ 7970(a)(2) and 7971(b)(5) of Title 29, from House Bill No. 208 of the 149th General Assembly, in order to properly refer to “long-term, acute, or outpatient health-care services” rather than to “long-term, acute, and outpatient health-care services” as referenced in § 122 of Title 16. Section 58. This section makes corrections in § 9008C of Title 29, from House Bill No. 129 of the 142nd General Assembly, by making stylistic changes to conform to appropriate Delaware Legislative Drafting Manual style and by removing an extraneous “both” from paragraph (3) of the section. Section 59. This section corrects an error in § 9011D(a)(3) of Title 29, from Senate Bill No. 161 of the 152nd General Assembly, by substituting an accurate updated internal reference. Section 60. This section makes corrections throughout § 9101 of Title 29, from House Bill No. 368 of the 131st General Assembly, by addressing inconsistent references to the name of the Cabinet Committee on State Planning Issues. Sections 61 and 62. These sections correct errors in Senate Bill No. 134 of the 152nd General Assembly by addressing a typo in § 10212(b)(4) of Title 29 and a grammar error in the introductory paragraph of § 10214(b) of Title 29. Section 63. This section corrects an error in the introductory paragraph of § 1812 of Title 30, from House Bill No. 442 of the 141st General Assembly, by removing the unnecessary statement that “(singular includes plural).” This general rule of construction is already contained in § 304(a) of Title 1. Section 64. This section corrects an error in § 5365(b) of Title 30, from House Bill No. 153 of the 142nd General Assembly, by removing an unnecessary “the” from the text. Section 65. This section makes enactment of House Bill No. 288 of the 152nd General Assembly, implementing the name change of the “Division of Research” to the “Division of Legislative Services,” a prerequisite for enactment of Section 50 of this Act, effective upon the same date as House Bill No. 288 as noted in Section 62 of that Act. AN ACT TO AMEND TITLE 4, TITLE 5, TITLE 6, TITLE 7, TITLE 9, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 18, TITLE 19, TITLE 21, TITLE 24, TITLE 26, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
HB 393SignedDorsey WalkerThis Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of Adult Protective Services ("APS"). JLOSC approved recommendations to modify several areas of the APS statute, Chapter 39 of Title 31. Based on the recommendations, this Act does all of the following: - Establishes timelines for when the Department of Health and Social Services ("Department") must begin an investigation after receiving a report concerning an allegation of abuse, neglect, or exploitation of an adult who is impaired or incapacitated. - Establishes the Department's responsibility to conduct ongoing training programs for relevant staff. - Removes the Adult Protective Services Advisory Council from section 3903, Title 31. This council is absorbed into the existing Council on Services for Aging and Adults with Physical Disabilities, through separate legislation. - Modifies the reporting requirement of § 3910(a), Title 31, to specifically establish that health-care professionals have a duty to file a report with the Department when the professional has reasonable cause to believe that an adult who is impaired or incapacitated is in need of protective services; clarifies that privilege does not relieve an individual from the duty to report. - Removes language in § 3904(d)(1) regarding a fee schedule and income criteria process that the Department has not used and does not plan to institute. - Makes many technical changes to modernize and conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.
HB 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.
HS 1 for HB 247 w/ SA 1SignedOsienskiThere were 139 traffic fatalities in Delaware in 2021, the highest number of traffic fatalities since 2006. Senate Concurrent Resolution 94 of the 151st Delaware General Assembly set a goal of no more than 100 traffic fatalities per year and tasked state agencies to meet that goal by 2025. Instead of moving towards meeting the General Assembly’s goal, however, traffic fatalities increased to 165 in 2022, deepening the crisis on Delaware’s roads. To reverse this situation, the “Everyone Gets Home Act” makes changes to the Delaware Code to sharpen the Department of Transportation’s focus on the three most common types of fatal crashes: intersection (including driveway); roadway departure; and mid-block pedestrian. This Act clarifies the Department’s authority to designate controlled-access facilities as a safety countermeasure for both intersection and midblock pedestrian crashes and, when the facility designation has received the consent of county government, requires counties to use their own authority to assist the Department in consolidating vehicle entrances and exits to and from the facility. In addition, this Act authorizes the Department to designate roadways as low-speed streets and low-speed local roads in order to address fatal roadway departure crashes related to vehicle speed, and permits counties to request such designations to meet their own traffic safety goals. Finally, this Act expands the Department’s discretion to deploy new traffic-control devices in order to reduce fatal crashes. This Substitute Bill differs from HB 247 in that it does the following: (1) Clarifies that designated low-speed local streets and roads must be designed and operated with a Safe System Approach, as adopted by the United States Department of Transportation. (2) Includes “implementing corridor access management” as a safety countermeasure on designated low-speed local streets or roads. (3) Requires the Department to receive approval from the local law-enforcement agency with jurisdiction over a road before the Department designates such road a low-speed local street or road pursuant to a county or municipal government request. (4) Clarifies that the Department has discretion to adopt various standards for traffic-control devices or applications, even if they are different from uniform state standards, so long as they reduce fatal or serious injuries or are in accordance with a Safe System Approach. (5) Authorizes the Department to acquire property rights along highways to consolidate commercial entrances or to create new commercial interconnections when the Department determines such consolidation or interconnection would likely improve safety. (6) Removes Section 1 from the bill, which required counties to withhold permits for buildings abutting a controlled-access facility if necessary to obtain consent for vehicle access to and from adjacent properties. (7) Removes language that defined “full” and “partial” controlled-access facilities, and removes these terms from the rest of the bill. (8) Removes Section 7 of the bill that authorized the Department to designate and establish partial or full controlled-access facilities in any unincorporated area where there is a high incidence of fatal crashes related to the presence of highway entrances or exits. (9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLES 9 AND 17 OF THE DELAWARE CODE RELATING TO TRAFFIC SAFETY.
HS 1 for HB 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.
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.

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