Delaware Legislature - In Lieu Legislation http://www.legis.delaware.gov/ Legislation In Lieu with the State of Delaware en-us Thu, 28 Mar 2024 17:57:27 -0400 https://legis.delaware.gov/BillDetail?legislationId=140827 Delaware - Lieu/Substituted SS 1 for SB 169 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL CONVICTION COMPENSATION AND SERVICES.

This Act is a substitute for Senate Bill No. 169. Like Senate Bill No. 169, this act does all of the following: This Act creates a process for compensating individuals who have been wrongfully convicted in the State. To obtain compensation, a petitioner must show (i) that the petitioner was pardoned, or, after the conviction was overturned, the charges were dismissed, or the petitioner was acquitted on retrial; or (ii) that the petitioner entered a Robinson plea after the conviction was overturned and that the petitioner was innocent of the crimes for which the petitioner was convicted. The prosecuting agency can prevent compensation by showing that petitioners were accomplices to the crimes at issue, or that petitioners intentionally “took the fall” for the true perpetrators. Successful petitioners are awarded damages based on the amount of time they served sentences of incarceration, parole, or registration on the sex offender registry solely as a result of the wrongful convictions, as well as reimbursement of fines, fees, and costs related to the wrongful conviction. The Act also provides an emergency stipend and post-release services for individuals who are released from incarceration and who receive pardons or whose convictions are overturned, vacated, or reversed. This Act differs from Senate Bill No. 169 in that it makes technical corrections and reorganizes sections for clarity. It also replaces “Alford” plea with “Robinson” plea to conform with Robinson v. State, 291 A.2d 279 (Del. 1972).]]>
Thu, 28 Mar 2024 17:57:27 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140883 Delaware - Lieu/Substituted HB 293 AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

Federal and Delaware law protect the right to vote and the rights of individuals with disabilities to have equal access to voting places and public facilities. Nonetheless, recent information suggests that a substantial number of polling places in Delaware are either inaccessible to persons with disabilities or lack accessible parking, infringing on the right of all eligible persons to vote in this State. This Act requires that the Department of Elections ensure that polling places selected for elections are accessible to voters with disabilities and elderly voters. It allows exceptions for states of emergency as determined by the Election Commissioner, or for circumstances in which no accessible polling place in a particular polling area is available and the Election Commissioner ensures that those voters impacted are provided with an alternative accessible polling place or alternative means for casting a ballot upon advance request.]]>
Thu, 28 Mar 2024 12:49:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130082 Delaware - Lieu/Substituted HS 1 for HB 55 AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE HOMELESS.

This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary. This Substitute differs from the original House Bill No. 55 in that it expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home and it eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code.]]>
Thu, 21 Mar 2024 12:57:51 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140805 Delaware - Lieu/Substituted HB 270 AN ACT TO AMEND TITLES 11 AND 24 OF THE DELAWARE CODE RELATING TO AMMUNITION.

This Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section. A violation of this section carries a penalty of $1,000 for a first offense, $5,000 for the second, and $10,000 for a third or subsequent offense. This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. The Act specifies that shoplifting is a class G felony, regardless of the value of the shoplifted goods, where the item shoplifted is ammunition. Finally, the Act increases the maximum monetary penalty to $1,000 for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect 1 year after its enactment. ]]>
Thu, 21 Mar 2024 12:57:51 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141032 Delaware - Lieu/Substituted HB 350 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL COSTS.

This Act creates the Diamond State Hospital Cost Review Board, which will be responsible for review and approval of annual hospital budgets beginning with budgets for calendar year 2026. Hospital budgets established under this process are required to adhere as closely to the spending benchmark as is reasonable given the hospital’s financial position and associated economic factors, promote efficient and economic operations of the hospital, and maintain the hospital’s ability to meet its financial obligations. As a temporary measure until the Board begins operations, hospitals are required to charge no more than 250% of Medicare costs to any payer for hospital services in calendar year 2025.]]>
Thu, 21 Mar 2024 12:57:51 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140956 Delaware - Lieu/Substituted HB 316 AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DEEP FAKES IN ELECTIONS.

This Act creates a new elections crime: “use of deep fake technology to influence an election.” Under this statute it would be a crime to distribute within 90 days of an election a “deep fake” – that is an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a class A misdemeanor, or if it is a repeat offense within 5 years, in which case it is a class E felony. Pursuant to § 5101 of Title 15, all offenses under this section are heard in Superior Court.]]>
Thu, 21 Mar 2024 12:57:51 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140941 Delaware - Lieu/Substituted HB 304 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION AND CRIMINAL BACKGROUND CHECKS.

This Act mandates that all individuals applying for employment with DTI undergo a state and federal criminal background check through the State Bureau of Identification. ]]>
Thu, 21 Mar 2024 12:57:50 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141097 Delaware - Lieu/Substituted SB 252 AN ACT TO AMEND TITLE 14 RELATING TO EDUCATOR PREPARATION PROGRAMS.

This Act requires that the Department of Education (Department) perform audits of educator preparation programs (program) to assess compliance with the evidence-based reading instruction requirements, known as the "science of reading", that were enacted on June 30, 2021, by Senate Bill No. 133 (151st). If a program is not compliant with these requirements, the audit findings must specifically identify each area in which the program is not compliant, and the Department must require that the program take corrective action for each non-compliant area. If a program is complaint with all of the science of reading requirements, the Department shall award the program a specific distinction. This Act also requires that the Department use these audits to identify how teacher preparation in reading instruction can be improved and that the audit findings be included in the reports the Department already publishes about educator preparation programs.]]>
Wed, 20 Mar 2024 16:36:42 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140926 Delaware - Lieu/Substituted HB 19 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act creates a background special license plate for the United Way of Delaware Pride Council. A background special license plate supports a cause and is available for purchase by the public at large, including members of the organization. The numbers, letters, or both, assigned must be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act requires a greater-than-majority vote for passage because Article VIII, §11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.]]>
Tue, 19 Mar 2024 12:32:45 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140777 Delaware - Lieu/Substituted HB 255 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE BOILER SAFETY PROGRAM.

This bill adds a representative from a major labor organization that represents workers performing boiler construction, installation, maintenance, and repair to the Council on Boiler Safety. ]]>
Thu, 14 Mar 2024 13:08:34 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140909 Delaware - Lieu/Substituted HS 1 for HB 13 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES.

Based on DNREC’s finalized regulations that require automakers to deliver an increasing amount of zero-emission vehicles for sale in Delaware by 2032, Substitute 1 to HB 13 requires the Executive Director of the SEU to administer a program that provides up to $1,000 per applicant for the purchase and installation of electric vehicle charging equipment at or near the applicant’s place of residence. It further requires that at least 25% of the awards given under this program go to low-income applicants. Substitute 1 to HB 13 further amends HB 13 by removing the requirement that DNREC create: (1) an assessment of the availability of residential charging stations; and (2) incentive programs based on that assessment. ]]>
Thu, 14 Mar 2024 13:08:34 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140854 Delaware - Lieu/Substituted HB 286 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO GENETICS BASED DISCRIMINATION.

This Act prohibits discrimination in life insurance based on genetic characteristics, genetic information, or the result of any genetic test that is not in a medical record as a basis for an individual's medical diagnosis or the basis of a medical diagnosis included in an individual's pertinent family history. In addition, this Act prohibits a person engaged in the business of life insurance from requesting, requiring, or purchasing information obtained from an entity providing direct-to-consumer genetic testing. This Act also makes corresponding corrections to § 2317 of Title 18 by revising the heading for clarity and the definition of "insurance" to conform with the terms and definitions used in Title 18. This Act is known as "The Ericka Byler Act".]]>
Wed, 13 Mar 2024 14:39:36 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140979 Delaware - Lieu/Substituted HS 1 for HB 273 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH COVERAGE FOR SPEECH THERAPY.

This 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 also broadens the definition of “child” from 1 year to first grade to include all children from birth to age 18.]]>
Wed, 13 Mar 2024 12:40:20 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140955 Delaware - Lieu/Substituted HS 1 for HB 252 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXPERIENCE CREDITS.

This 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.]]>
Wed, 13 Mar 2024 12:40:20 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130364 Delaware - Lieu/Substituted HB 149 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAXES.

This Act requires personal income tax brackets to be annually adjusted for cost-of-living increases. This will prevent tax rate increases resulting from cost-of-living pay increases that push lower income taxpayers into higher tax brackets. This is referred to as "bracket creep". Cost-of-living pay increases are intended to offset inflation and not create a greater tax burden on lower income taxpayers. Social justice requires that lower income taxpayers should not face both inflation and higher tax rates at the same time. This Act will be effective for tax years beginning after December 31, 2023.]]>
Tue, 12 Mar 2024 13:42:15 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140935 Delaware - Lieu/Substituted HB 22 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.

School personnel report that school safety is a significant issue that affects whether or not they stay in the profession. This Act makes intentionally or recklessly causing physical injury to an employee, contractor, or subcontractor of a public or private elementary or secondary school an assault in the second degree. This Act is known as “The School Personnel Protection Act”. ]]>
Tue, 12 Mar 2024 13:42:15 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140901 Delaware - Lieu/Substituted SB 212 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BUREAU OF HEALTH EQUITY.

This Act codifies the Bureau of Health Equity (BHE) in the Division of Public Health, which includes the Office of Minority Health and the Office of Women’s Health. The purpose of the BHE is to ensure that everyone in Delaware will achieve their full health potential by eliminating health disparities, particularly among all racial and ethnic minority groups. The BHE works with communities to address social determinants health, focusing on prevention, health, and wellness in the broader population instead of treatment focused on individuals. Health disparities are population-specific differences by disease and health outcome between 2 or more groups, which also means there is a higher burden of illness, injury, disability, or mortality experienced by one population group in relation to a reference group, quantified as differences in coverage, access, or quality of care. Delaware has been recognized nationally for successfully reducing some health disparities, including being the first state to virtually erase racial disparities in colorectal cancer screening and treatment, by combining individual patient assistance from nurse navigators and care coordinators with community-based outreach efforts that used trusted messengers, including leaders of faith-based communities. However, 10 years after achieving this success with colorectal cancer screening and treatment, many health disparities remain in Delaware. Codifying the BHE ensures that this critical work continues. This Act also makes technical corrections to § 7905 of Title 29, which contained these errors when the Office of Women’s Health was transferred from § 7905A of Title 29 in 2009. ]]>
Mon, 11 Mar 2024 14:48:36 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140818 Delaware - Lieu/Substituted HB 272 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO VETERANS' BENEFITS AND TRADE PRACTICES.

This act prohibits persons from receiving compensation for advising or assisting with veterans' benefits earned by serving our nation in the military. This bill would not prohibit persons or business entities from receiving compensation for advice to Veterans that is unrelated to veteran claims or services available to veterans from the V.A. or its accredited agencies. Investment, insurance, banking, and other advice or services not provided by the V.A. or its accredited agencies may be obtained by veterans and fees charged for such services.]]>
Thu, 07 Mar 2024 14:04:32 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140821 Delaware - Lieu/Substituted HB 273 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH COVERAGE FOR SPEECH THERAPY.

Parents are paying out of pocket for their children’s speech therapy for diagnosed phonological disorder and receptive language disorder since these 2 diagnoses are not covered under individual and group health plans. This Act would require speech therapy for these 2 developmentally delayed speech diagnoses for a child from age 1 until the earlier of age 6 or when the child is enrolled in first grade.]]>
Tue, 05 Mar 2024 12:46:24 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140885 Delaware - Lieu/Substituted HB 295 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DEALER PROCESSING FEES.

Currently Delaware has no cap on dealer processing fees which permits motor vehicle dealers to arbitrarily charge whatever amounts they wish leading to great discrepancy of these fees among dealers and a lack of protection for consumers. Currently Pennsylvania has a $449 statutory cap on dealer processing fees and Maryland has a $500 statutory cap. This Act defines “dealer processing fee”, sets a statutory cap of $475 on the dealer processing fee, and requires the dealer to disclose in the bill of sale, in 10-point type or larger, the amount of the fee and what is covered in the fee. This Act also makes technical corrections to conform existing law to the Delaware Legislative Drafting Manual.]]>
Tue, 05 Mar 2024 12:46:24 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=130245 Delaware - Lieu/Substituted HB 5 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT OF SCHOOL-BASED BEHAVIORAL HEALTH SERVICES.

The State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports.]]>
Thu, 29 Feb 2024 12:01:21 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140771 Delaware - Lieu/Substituted HB 252 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SALARY STEP FOR COMPLETION OF TEACHER RESIDENCY PROGRAM.

Currently, teachers who complete a year-long teacher residency program in Delaware under §1281 of Title 14 do not receive credit for the year-long residency towards their starting salary when they begin employment as a fully licensed and certified teacher the following year. This Act requires that a Delaware licensed and certified teacher, who has completed the program, and met all other requirements, including committing to teaching in a qualifying Delaware school, shall be paid at salary step 2 for the year following completion of the program.]]>
Thu, 29 Feb 2024 12:01:21 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=130285 Delaware - Lieu/Substituted HB 13 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES.

This Act directs DNREC, in consultation with DOT, to publish an assement of the availability of residential charging stations for electric vehicles, which shall include strategies to deploy additional charging stations in high-need areas. This Act further directs DNREC to develop incentive program that will improve the electric vehicle charging infrastructure based on gaps identified in the report, with a focus on single-family homes without access to designated off-street parking and multi-family dwellings.]]>
Thu, 29 Feb 2024 12:01:20 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140513 Delaware - Lieu/Substituted HB 203 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE EQUITY AND INCLUSION IN FINANCIAL LITERACY FOR ALL HIGH SCHOOL STUDENTS IN DELAWARE ACT.

With 60% of U.S. households living paycheck to paycheck, 40% of Americans having less than $300 in savings, 33% of Americans having saved nothing for retirement, 95% of Americans having not saved enough for retirement, and 87% of American teens admitting not understanding their finances, financial literacy education in Delaware high schools is needed. This Act, known as “The Equity and Inclusion in Financial Literacy for All High School Students in Delaware Act”, requires high schools to provide, at a minimum, a half credit course on financial literacy. And, beginning with students entering grade 9 in the 2025 through 2026 school year, successful completion of the course will be required to obtain a high school diploma. This Act requires the course include instruction which meets the financial literacy standards for high school students adopted by the Department of Education and on all of the following financial literacy topics: (1) Introduction to behavioral economics, including understanding the impact of life experiences and biases on personal money management decisions and habits. (2) Understanding the benefits of disciplined and regular savings to achieve financial goals and the power of compounding returns and interest. (3) Introduction to the why and how of different types of risk assessment and investing strategies that lead to sustainable and long-term financial success and a self-sufficient retirement, including introduction and explanation of the Delaware Earns Program. (4) Understanding personal budgeting. (5) Understanding and managing credit and debt, including credit scores; types of credit to include credit cards, auto loans, mortgages, student loans, payday loans, and title loans; the benefits and methods of debt avoidance and repayment; and the rule of 72. (6) Understanding financial institutions, including understanding banking services, brokerage services, account fees, and the difference between fiduciary and non-fiduciary advisors. (7) Understanding personal and payroll-related taxes and the impact on disposable income. (8) Understanding career options, including college vs. trade or technical school and entrepreneurship vs. employment. (9) Comparing financial systems, including what works and what does not and why. (10) Understanding philanthropy. (11) Insurance options. Section 3 of this Act requires the Department of Education to submit a report on the implementation of this Act to the Governor and General Assembly by May 1, 2026.]]>
Thu, 29 Feb 2024 12:01:20 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140584 Delaware - Lieu/Substituted SB 174 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PENSIONS FOR THE STATE JUDICIARY.

This Act adds Justices of the Peace, Commissioners, and Masters in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Member’s of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Masters in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Masters in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Master in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. This Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then.]]>
Thu, 29 Feb 2024 09:25:29 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140514 Delaware - Lieu/Substituted SB 164 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, PROBATION OFFICERS, AND PAROLE OFFICERS.

This Act would allow for correctional officers, probation officers, and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days after its enactment to allow for implementation. ]]>
Tue, 23 Jan 2024 12:10:02 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140457 Delaware - Lieu/Substituted SB 147 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.

The existing computer crimes of unauthorized access, theft of computer services, misuse of computer system, and destruction of computer equipment contain elements broad enough to include actions employees may take to investigate or document an employer’s violation of state or federal employment laws. In addition to criminal penalties, a civil action for treble damages may be brought against a person who violates these laws. Sometimes, when employees seek to investigate, explore, or pursue employment laws by providing evidence obtained from that employer’s computer systems, an employer will threaten to sue the employee because the employee’s possession of this evidence could be found to be a violation of these computer crimes. Because the potential damages for violating the computer crimes exceeds the compensation the employee would receive if their claim under the employment law is successful, the employee does not pursue their claim. This Act creates a narrow exception to these crimes so that a person is not guilty of a crime under §§ 932, 933, 935, or 936 of Title 11, if all of the following apply: (1) The employee’s actions were only for the purpose of investigating, exploring, or pursuing a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees. (2) Information obtained by the employee was only disclosed for the purpose of investigating, exploring, or pursuing a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees. This Act also clarifies that if an exemption under § 942 of Title 11 applies, a civil action under § 941 of Title 11 cannot be brought against a person for a violation of §§ 932, 933, 935, or 936 of Title 11.]]>
Thu, 18 Jan 2024 16:19:13 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140684 Delaware - Lieu/Substituted HB 244 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FUNDING FOR ATHLETIC TRAINERS.

This Act directs unit funding for every public high school in the State to have a full-time athletic trainer.]]>
Thu, 11 Jan 2024 12:56:41 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140432 Delaware - Lieu/Substituted HB 168 AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO LODGING TAX.

Section 1 of this bill requires every short-term listing service to obtain an occupational license and pay an annual licensing fee of $25.00. Section 2 of this bill defines short-term rental as any person who rents a bedroom or dwelling unit to overnight guests for a continuous period of 150 days or less using a short-term listing service. Short-term listing services is a person or business that facilitates or arranges the renting of short-term rental units on a website or through other means. This bill also makes the lodging tax that applies to all hotels, motels, and tourist homes apply to short-term rentals. The bill also sets forth the obligations of a short-term rental listing service which is primarily to remit data as required by the Division of Revenue and the tax collected pursuant to the statute. Section 3 of the bill authorizes New Castle and Sussex Counties to impose a lodging tax of no more than 3 percent on short-term rentals. Section 4 applies the Act to all rent for a short-term rental after December 31, 2023 collected by a short-term rental listing service.]]>
Thu, 04 Jan 2024 09:32:03 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140562 Delaware - Lieu/Substituted SB 169 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL CONVICTION COMPENSATION AND SERVICES.

This Act creates a process for compensating individuals who have been wrongfully convicted in the State. To obtain compensation, a petitioner must show (i) that the petitioner was pardoned, or, after the conviction was overturned, the charges were dismissed or the petitioner was acquitted on retrial; or (ii) that the petitioner entered an Alford plea after the conviction was overturned and that the petitioner was innocent of the crimes for which the petitioner was convicted. The prosecuting agency can prevent compensation by showing that petitioners were accomplices to the crimes at issue, or that petitioners intentionally “took the fall” for the true perpetrators. Successful petitioners are awarded damages based on the amount of time they served sentences of incarceration, parole, or registration on the sex offender registry solely as a result of the wrongful convictions, as well as reimbursement of fines, fees, and costs related to the wrongful conviction. The Act also provides an emergency stipend and post-release services for individuals who are released from incarceration and who receive pardons or whose convictions are overturned, vacated, or reversed.]]>
Thu, 04 Jan 2024 09:00:06 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140773 Delaware - Lieu/Substituted HB 253 AN ACT TO AMEND TITLES 16, 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO MAMMOGRAMS.

This Act requires health insurance companies, including State employee/retiree health plans and Medicaid, to cover annual mammograms for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s health care provider. It also prohibits mammography facilities from requiring that women, 40 years of age or older, provide the facility with the name of a healthcare provider in order to receive an annual screening mammogram.]]>
Thu, 14 Dec 2023 10:35:24 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140667 Delaware - Lieu/Substituted HB 242 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL VISITATION POLICY.

This act shall be known as "The No Patient Left Alone Act." It is intended to mitigate unintended negative impacts on patients and their families during a State of Emergency, pandemic, or infectious disease outbreak. This act would require hospitals to allow limited in-person visitation with patients, within designated parameters and limitations in the act. Hospitals would be able to: restrict the number of visitors a patient could receive daily; require visitors to undergo and pass a specified health screening; and use personal protective equipment while visiting. Hospitals must make personal protective equipment required available for visitors for purchase. Entry could be denied to visitors not complying with the requirements, that failed their health screenings, or who were found to have a communicable disease. Attending physicians would retain the authority to deny in-person visitation if they deemed their patients would be at risk for contracting an infectious disease or if they believed visitation posed a serious community health risk. Such determinations would be valid for up to seven days and subject to renewal. Hospitals could deny visitation if a federal order, law, or regulation required it. If a prospective hospital visitor were denied in-person visitation with a patient, the hospital would be required, to its best efforts, to develop alternate visitation protocols that would allow visitation to the greatest extent safely possible. This could include, but not be limited to, streaming audio and video. Hospitals could not prohibit in-person visitation by a religious counselor to a seriously ill or dying patient, providing that the counselor complied with all visitation mandates established pursuant to this act. A visit by a religious counselor would not be counted against any daily visitation limit set by the hospital. The Department of Health and Social Services would be responsible for overseeing the implementation, operation, and enforcement of this act. Hospitals could be subject to fines for violating the terms of this act, providing the violations continue after the hospitals have been informed of the need to take corrective action. This section does not create a civil cause of action against a hospital or physician. This measure would become effective 180 days after its enactment. ]]>
Fri, 30 Jun 2023 12:28:37 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140674 Delaware - Lieu/Substituted SB 193 AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO ALIMONY.

This act prohibits an individual from receiving alimony who is convicted of committing a violent felony, where the victim is their spouse or a child under the age of 18 of either party to the divorce or annulment proceeding. Under current Delaware law, an individual can engage in acts of abuse towards their partner or child and may nonetheless be awarded interim alimony or alimony pursuant to Delaware law. This Act mandates that such an unjust result shall be unequivocally prohibited. ]]>
Wed, 28 Jun 2023 18:09:41 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130024 Delaware - Lieu/Substituted SB 4 AN ACT TO AMEND TITLE 11, TITLE 13, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION.

This Act modernizes Delaware’s criminal justice system, especially its probation system, by doing the following: (1) Ending incarceration of probationers for technical violations. (2) Enabling the customization of conditions of probation to meet individual needs. (3) Requiring the collection and publication of community corrections data. (4) Investing in community-based re-entry programs. (5) Limiting probation terms to 1 year. Specifically, the Act does all of the following: Section 1 of this Act adds a definition for “wilful”, as used throughout the Act. Section 2 of this Act does the following: (1) Requires probation and parole officers to use the least liberty-restrictive means to enhance compliance to conditions. (2) Requires the probation and parole officers not impose special conditions with which a person cannot in good faith comply. Probation and parole officers must also assess whether the person has the necessary resources to comply with the condition. (3) Changes that any proceeds gained from seizures in conducting business with federal authorities must go to contracting with community-based re-entry programs providing evidence-based services. Section 3 of this Act does the following: (1) Removes the prohibition on an incarcerated person receiving access to the Department of Correction’s (“Department”) policy & procedure manuals. (2) Removes prohibition on the disclosure of Department policies and procedures except on the written authority of the Commissioner. Section 4 of this Act does the following: (1) Requires that a condition of probation established by Department may not involve a greater deprivation of liberty than is necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the person on probation. (2) Prohibits the imposition of a condition of supervision that requires paying court fines, fees, supervision-related fees, and supervision-mandated programs. (3) Authorizes the Department to use alternate methods of reporting such as audiovisual communications. (4) Requires the Department to not pursue sanctions for use of drugs or alcohol, failure to complete a program when the costs were unable to be met, failure to follow conditions when mental health conditions prevent compliance, and failure to comply with broad conditions that are impossible to follow. (5) Requires the Department to bear the cost of house arrest programs. (6) Sets criteria for the use of house arrest. Section 5 of this Act reduces the maximum length of the period of probation. Section 6 of this Act does the following: (1) Outlines the process for revoking probation, including the timing of revocation and requirements of revocation proceedings. (2) Requires that incarceration cannot be used for any technical violation and sets a limit on period of incarceration for other violations. Section 7 of this Act repeals the fee for a person applying for an interstate transfer of probation under the Interstate Compact for Adult Offender Supervision. Section 8 of this Act does the following: (1) Replaces the forfeiture of earned compliance credit with a process for withholding or revoking earned credits. (2) Repeals certain offenses being excluded from being able to gain earn compliance credit. (3) Requires the Department to provide those on probation with a supervision report with credit earned and time remaining on probation every 90 days. Section 9 through 12 of this Act requires the Statistical Analysis Center to publish data related to the probation system and racial disparities in the criminal justice system. Sections 13 through 16 of this Act removes the requirement that individuals on probation or parole must have permission before getting married. Section 17 repeals the restriction on the disclosure of public records in the Department’s possession when these records are sought by an inmate in the Department’s custody.]]>
Tue, 27 Jun 2023 16:22:29 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140716 Delaware - Lieu/Substituted HS 1 for HB 212 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING.

House Bill 212 prohibits manufactured home community owners from drastically increasing rent each year by prohibiting a community owner from increasing rent if the rent was increased by 5 percent or more the previous year or rental period. 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. 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. House Bill 212 requires community owners to annually provide certain information relating to the lot rental assistance program to DEMHRA as well as certify compliance with the program requirements, and allows DEMHRA to request further information about the program as needed. House Bill 212 also 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. 1 alters the prohibition from House Bill 212 on manufactured home community owners 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 Substitute also adds a requirement that landlords hold an annual meeting with homeowners in the month of August to provide the latter with information on available resources in coordination with the Office of the Manufactured Housing Ombudsman. This Substitute makes changes to the eligibility requirements for the lot rental assistance program. It clarifies that enrollment in the program is open during every month of a homeowner’s lease period. This Substitute requires that DEMHRA consult with interested community owners in developing a form to be used by community owners for the annual report of information relating to the lot rental assistance program. Finally, this Substitute closes a loophole in the existing law by imposing a rental increase limitation in circumstances where a homeowner qualified but was not provided with lot rental assistance during the immediately preceding rental period.]]>
Tue, 27 Jun 2023 12:40:23 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140476 Delaware - Lieu/Substituted HB 174 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT DISCIPLINE REFERRALS.

This Act requires that any student who has had 2 out-of-school suspensions in a school semester, or trimester, be referred to the school-based problem-solving team, located in the school the student is attending, for both academic and non-academic intervention, including any recommendations based on the team's assessment of the student.]]>
Mon, 26 Jun 2023 13:01:56 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140546 Delaware - Lieu/Substituted HB 212 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING.

This Act prohibits manufactured home community owners from drastically increasing rent each year by prohibiting a community owner from increasing rent if the rent was increased by 5 percent or more the previous year or rental period. 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. 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. The Act also also requires community owners to annually provide certain information relating to the lot rental assistance program to DEMHRA as well as certify compliance with the program requirements, and allows DEMHRA to request further information about the program as needed.]]>
Fri, 23 Jun 2023 13:18:30 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140405 Delaware - Lieu/Substituted HB 162 AN ACT TO AMEND TITLES 9, 12, 16, 24, AND 29 OF THE DELAWARE CODE RELATING TO HUMAN REMAINS.

This Act authorizes the process of natural organic reduction to be used in this State. Natural organic reduction is the gentle, respectful process that accelerates the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips, or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere. The process also uses 1/8 the energy of cremation. Section 3 of this Act removes "and by the Attorney General or a deputy attorney general" from § 3163 of Title 16, which was overlooked when Chapter 164 of Volume 68 of the Laws of Delaware was enacted, removing similar language in § 3159 of Title 16. Section 12 of this Act replaces the citation to § 3162 of Title 16 with a citation to § 3159. Section 3162 was transferred to § 3159 when Chapter 31 was reenacted by Chapter 274 of Volume 68 of the Laws of Delaware, but this citation was overlooked. This Act takes effect the earlier of 1 year from the date of the Act's enactment or notice in the Register of Regulations that final regulations to implement this Act have been adopted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. ]]>
Thu, 22 Jun 2023 12:50:30 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140578 Delaware - Lieu/Substituted HB 224 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEFINITIONS FOR THE DELAWARE CRIMINAL CODE.

This Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3).]]>
Thu, 22 Jun 2023 08:40:45 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140511 Delaware - Lieu/Substituted HB 205 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LAW ENFORCEMENT OFFICER BILL OF RIGHTS.

This Act makes a number of revisions to the Law-Enforcement Officer’s Bill of Rights in Title 11 of the Delaware Code. It adds part-time officers to the coverage of the chapter. It distinguishes between formal investigations and informal inquiries, but requires that even informal inquiries must comport with federal and State law, including NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) and Garrity v. New Jersey, 385 U.S. 493 (1967). This Act requires that a detailed narrative of an internal investigation must be prepared by an investigating agency and publicly posted in any case involving use of force that results in serious physical injury; the discharge of a firearm; a sustained finding of sexual assault; a sustained finding of dishonesty related to the reporting, investigation, or prosecution of a crime, or to the reporting, or investigation of, misconduct by another law-enforcement officer; or a sustained finding of domestic violence. Further, it requires that an investigation into officer misconduct must be completed, regardless of the employment status of the officer. I.e., even if an officer resigns or retires while an investigation is pending, the department must complete the investigation and report sustained findings of misconduct to the Police Officer Standards and Training Commission. The Act also allows a department to provide information to a complainant or victim of officer misconduct sufficient to reasonably address concerns regarding the investigation and its outcome. Finally, the Act requires, upon request of a defense attorney in a criminal or delinquency case, and through the Department of Justice, all records relating to sustained findings of misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification, or concealment of evidence by an officer who participated in the investigation or prosecution. It also provides that law-enforcement officer’s must be required, upon hire, to sign an agreement allowing the hiring agency to provide copies of that officer’s personnel file and disciplinary and investigative records with any other law-enforcement agency that makes an offer or conditional offer of hire to that officer in the future. The CJC will aggregate and post all of the narratives required to be prepared under this chapter on its website, along with an annual report of the following: (1) The number of public complaints and internal complaints relating to police misconduct that the department received each year, broken down by subject matter of the complaint; (2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation; (3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition. Records relating to any incident for which a detailed narrative is required to be prepared and posted must be preserved for at least 25 years.]]>
Wed, 21 Jun 2023 19:54:37 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140420 Delaware - Lieu/Substituted HB 167 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL RESOURCE OFFICER FUNDING.

This Act establishes school resource officer units to fund school resources officers in all Delaware public schools. Specifically, this Act funds at least 1 school resource officer in each school in a school district and each charter school, regardless of enrollment, and provides for additional school resource officers for schools with over 1,000 students. ]]>
Wed, 21 Jun 2023 12:31:07 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140639 Delaware - Lieu/Substituted SB 182 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE CONTRACTOR REGISTRATION ACT.

This Act does all of the following: (1) Grants the Department discretion to reject or accept an application that is incomplete or contains inaccurate information. (2) Permits a contractor to submit a new application for registration if the Department rejected the application because it was incomplete or contains inaccurate information. ]]>
Tue, 20 Jun 2023 16:33:21 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140503 Delaware - Lieu/Substituted SB 163 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.

This bill updates the State’s charter school law to codify the original intent of charter school flexibility. More specifically, the bill provides charter schools the ability to hire the leaders they deem beneficial to the success of the school’s educational program and the needs of students and staff. The bill creates new subsections in Section 507(c) of Title 14 of the Delaware Code to define the licensure and certification requirements more clearly within Chapter 5 of Title 14. Finally, the bill requires the Secretary of Education to work with the Delaware Charter Schools Network to create a qualified alternative licensure and certification pathway for charter school administrators engaged in the instruction of students (Instructional Administrators).]]>
Tue, 20 Jun 2023 16:33:13 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140553 Delaware - Lieu/Substituted HB 194 AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO PUBLIC CARRIERS.

This Act decreases the minimum amount of insurance to be required by taxicab drivers. SB 209, as amended, from the 151st General Assembly increased the required minimum insurance for all public carriers to $1,000,000 for death, bodily injury, and property damages and $1,000,000 for uninsured and underinsured insurance. This Act lowers the minimum amount of insurance required by taxicabs issued a medallion to $100,000 for death and bodily injury, $50,000 for property damages, and $300,000 for uninsured and underinsured insurance.]]>
Tue, 20 Jun 2023 12:43:27 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140522 Delaware - Lieu/Substituted HS 1 for HB 160 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO 988 BEHAVIORAL HEALTH CRISIS INTERVENTION SERVICES.

The National Suicide Hotline Designation Act of 2020 established 988 as the universal phone number for "the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline." This Act provides the framework to maximize the benefits of 988 and provide crucial support to Delawareans in need through the implementation of a practical, modern, and comprehensive, integrated crisis care system. This Act is a substitute for House Bill No. 160. Like House Bill No. 160 this Act does the following: (1) Created the Behavioral Health Crisis Services Board (“Board”) to provide oversight and input on the development of an integrated behavioral health crisis care system in this State. (2) Imposes a behavioral health crisis intervention services surcharge on business and residential telephone services, wireless telephone services, and prepaid wireless telephone services. The surcharge will create a dedicated funding source for behavioral health crisis services. The Behavioral Health Crisis Intervention Services Fund is created to receive the surcharge funds. Specifically, this Act establishes a 60-cent per month per line fee on phone lines and a 60-cent one-time fee on prepaid services. This Act differs from House Bill No. 160 as follows: (1) Models the behavioral health crisis intervention services surcharge after the existing E-911 surcharge and prepaid wireless E911 surcharge created under Chapter 101 of Title 16 of the Delaware Code. (2) Removes the creation of the Behavioral Health Crisis Communication Center and instead directs the Board to develop and recommend a plan for establishing, operating, and maintaining a behavioral health crisis communications center. The Board must submit the plan to the Governor and General Assembly within 12 months from the effective date of this Act. (3) Makes changes to the definition of “mobile crisis team”. (4) Makes changes to the composition of the Board to add the Executive Director of the Ability Network of Delaware and the Executive Director of each of Delaware’s Lifeline Centers. 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.]]>
Fri, 16 Jun 2023 15:42:27 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130201 Delaware - Lieu/Substituted SB 82 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO IMPROVING COMMUNICATION ASSISTANCE FOR INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY AND DISABILITIES.

This Act requires certain 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. The first report is due beginning December 1 following 30 days after the enactment of this Act. For the first 3 years after enactment, the reporting requirements are those located in § 10603(b) of Title 29. These reporting requirements allow programs to make estimates and are designed to gather information on compliance and any challenges while giving State programs time to prepare for collecting more detailed data in the future. Beginning 4 years after enactment of this Act, State programs that are required to report shall comply with the reporting requirements in § 10603(c) of Title 29. The reporting requirements in § 10603(c) require data collection about various aspects of program access and effective communication for individuals with LEP and disabilities. The reports provided under this chapter will inform the General Assembly regarding appropriations necessary to improve meaningful program access for individuals with limited English proficiency and effective communication for individuals with disabilities. This Act also creates 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 disabilities to better understand and participate in matters related to residential leases and evictions and home purchases and foreclosures. The program will expire 2 years after enactment of this Act unless extended by an act of the General Assembly. 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 enactment. This Act must be implemented no later than 30 days after enactment. ]]>
Thu, 15 Jun 2023 20:12:14 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130043 Delaware - Lieu/Substituted HB 73 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS TO RECOVER OVERPAID UNEMPLOYMENT BENEFITS.

This Act clarifies that when H.B. 149 of the 150th General Assembly was enacted, removing the 5-year statute of limitations for the Department of Labor to bring civil actions to recover unemployment overpayment debts, the General Assembly intended to entirely remove all statutes of limitations notwithstanding any other debt collection statute of limitations in the law or provided in Title 10 of the Delaware Code. This Act will not apply to overpayment debts that accrue 3 years or more prior to the date of enactment.]]>
Thu, 15 Jun 2023 12:52:32 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140532 Delaware - Lieu/Substituted HB 193 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONCUSSION PROTECTION IN YOUTH ATHLETIC ACTIVITES.

In 2016, the General Assembly passed HB 404, the Concussion Protection in Youth Athletic Activities Act (CPYAAA). This Act clarifies the requirements of CPYAAA and enables the Division of Public Health, in consultation with the State Council for Persons with Disabilities, to promulgate regulations to broadly implement the Act. This Amendment adds the requirement for non-scholastic athletic activity organizations to develop policies and procedures for advising athletes, coaches, officials, parents, and guardians of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion, as well as providing information about returning to academic and athletic events or activities after sustaining a concussion. ]]>
Wed, 14 Jun 2023 13:02:08 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130342 Delaware - Lieu/Substituted SS 1 for SB 8 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT.

This Act is a substitute for Senate Bill No. 8. Like Senate Bill No. 8, this act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations. This Act differs from Senate Bill No. 8 as it requires large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. This information must be provided at the time of service or prior to discharge and again with each billing statement. It also creates a minimum threshold for eligibility for payment plans, and it reduces the timeframe in which a bill under a payment plan may be first due. This Act also defines “medical assistance” and “time of service,” which were not defined in Senate Bill No. 8.]]>
Tue, 13 Jun 2023 18:14:43 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130304 Delaware - Lieu/Substituted SB 107 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE DOCUMENTATION FEE.

This Act clarifies that in calculating the document fee to be paid by the owner upon the sale, transfer, or registration of a new park trailer or mobile home that the owner shall be given an opportunity to demonstrate the retail value of the park trailer or mobile home. This Act also excludes furnishings, site modifications, geographical location, and other items that are not related to the actual value of the park trailer or mobile home from being included in the calculation. Finally, this Act provides a mechanism for those effected by the prior method of calculating the document fee to receive relief for what would amount to overpayments under this new calculation process. ]]>
Mon, 12 Jun 2023 15:45:24 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140508 Delaware - Lieu/Substituted HB 191 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE LANDLORD TENANT CODE.

It is the policy of this State that meaningful sanctions be imposed upon those who allow dangerous conditions and defects to exist in leased premises and that an effective mechanism be established for repairing these conditions and halting their creation. This Act allows tenants to bring an action of rent escrow to pay rent into the court because of asserted defects or conditions. Alternatively, the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for summary possession or an action for nonpayment of rent. This Act requires the tenant to give proper notice and allow the landlord the opportunity to effect repairs. This Act requires the court to make appropriate findings of fact and to make any order that justice of the case may require, which may include termination of the lease and return of the leased premises to the landlord, order that the action for rent escrow be dismissed, order that the amount of rent be reduced in amount determined by the court to be fair and equitable, or order the landlord to make the repairs or correct the conditions complained of by the tenant.]]>
Thu, 08 Jun 2023 18:35:17 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130307 Delaware - Lieu/Substituted SB 106 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MATERNAL MENTAL HEALTH.

This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual.]]>
Thu, 08 Jun 2023 13:51:02 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130130 Delaware - Lieu/Substituted HB 94 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO USE OF ELECTRONIC SPEED ENFORCEMENT DEVICES.

The expectation for speed enforcement, under Delaware's Motor Vehicle statute, are Delaware's law enforcement agencies. It is not always possible for law enforcement officers to effectively enforce the speed limitations due to a number of factors, including, but not limited to, officer availability and safety. This Act would enable the state, as well as counties and municipalities to more effectively enforce speed limits on roads in a residential district in which a Department of Transportation study, no more than 1 year old, documents that the 85th percentile speed on the road is 5 miles per hour or more than the posted speed limit or the road is in a designated work zone. For a violation to occur a motor vehicle must exceed the posted speed limit by 11 miles per hour or more. This Act would impose only civil penalties for violations and does not impose points on the owner or operator’s driver’s license. Jurisdiction for adjudicating alleged violations would be in the Justice of the Peace Court and there would only be a right of appeal to the Court of Common Pleas if the penalty exceeds $100. Any excess revenue not used for administration of the system, will be managed by the Office of Highway Safety and used only for purposes of education, enforcement, engineering and administration. This Act will sunset in 5 years if not extended by a subsequent act by the General Assembly.]]>
Thu, 08 Jun 2023 12:51:23 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140472 Delaware - Lieu/Substituted HS 1 for HB 142 <div>AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE<br><br>This bill precludes the so-called LGBTQ+ "panic" defense that seeks to partially or completely excuse or justify a defendant from full accountability for the commission of a crime on the grounds that the actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth of the victim is sufficient to explain, excuse, or justify the defendant's conduct, or contributes to or causes the defendant's mental state, or that the defendant’s reaction thereto constitutes a mental illness, mental defect, or mental disorder sufficient to excuse or justify the defendant's conduct (including under circumstances in which the victim made a nonviolent romantic or sexual advance toward the defendant or in which the defendant and the victim dated or had a romantic or sexual relationship). Sections 1 and 3 of this bill move the definitions for gender identity and sexual orientation currently in the hate crimes statute to the general definitions section of the Criminal Code to maintain standard definitions of these terms throughout the Criminal Code. Section 2 of this bill provides that in any prosecution or sentencing for an offense: (i) a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; (ii) for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; and (iii) a defendant does not suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant’s mental state relating to any questions of intent, knowledge, capacity to appreciate the wrongfulness of the defendant's conduct, disturbance of the defendant's thinking, feeling or behavior, culpability, willpower to choose whether to do or refrain from doing an act, or ability to distinguish right from wrong, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth. This bill does not preclude a defendant from availing themself of any defense permitted by the Delaware Criminal Code or other applicable Delaware law on bases other than those specifically precluded by this bill.</div> Wed, 07 Jun 2023 13:08:43 -0400 152 https://legis.delaware.gov/BillDetail?legislationId=140401 Delaware - Lieu/Substituted HB 160 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO 988 BEHAVIORAL HEALTH CRISIS INTERVENTION SERVICES.

The National Suicide Hotline Designation Act of 2020 established 988 as the universal phone number for "the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline." This Act provides the framework to maximize the benefits of 988 and provide crucial support to Delawareans in need through the implementation of a practical, modern, and comprehensive, integrated crisis care system. Under this Act, the proposed integrated crisis care system consists of a statewide 24/7 behavioral health crisis communications center capable of telephonic, text, and chat to receive communications made to 988. This Act requires the Division of Substance Abuse and Mental Health to ensure the availability of mobile crisis teams to respond to individuals in crisis and crisis stabilization programs operated by community-based providers to provide a place for an individual in crisis to go. To implement this framework, this Act establishes the Behavioral Health Crisis Services Board to provide additional oversight and input on the development of the system. This Act establishes the Behavioral Health Crisis Communications Center, a statewide and continuously operated communications hub for taking 988 and other communications related to behavioral health. The Center is under a partnership between the Division of Substance Abuse and Mental Health and the Department of Children, Youth, and Their Families to provide services to Delawareans of all ages. This Act establishes dedicated funding sources for behavioral health crisis services and creates the Behavioral Health Crisis Intervention Services Fund. Specifically, this Act establishes a 60-cent per month per line fee on phone lines and a 60-cent one-time fee on prepaid services. 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.]]>
Tue, 06 Jun 2023 12:50:22 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130008 Delaware - Lieu/Substituted SB 43 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DISPLAY OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS.

This Act adds additional State facilities and categories of establishments to § 787 of Title 11 which would be required to display public awareness signs about human trafficking. The additional State facilities and categories are as follows: (1) State service centers. (2) Wellness centers. (3) Residential child care facilities. (4) Transitional and independent living service providers for youth aging out of foster care. (5) Shelters for victims of domestic violence or sexual assault or individuals experiencing homelessness or food insecurity. (6) Hotels. (7) Convenience stores along a major highway. (8) Gas stations along a major highway. (9) Casinos. (10) Restaurants with liquor licenses. (11) Poultry processing plants. (12) Bus or train stations. (13) Bars. (14) Massage establishments. (15) Shopping malls. This Act provides definitions of some of the existing State facilities and categories of establishments where public awareness signs are required to be displayed, as well as some of the new State facilities and categories added by this Act. This Act repeals the requirement to display public awareness signs at “emergency care providers” and “adult entertainment facilities” in favor of using the terms “wellness center” and “adult entertainment establishment”, which are defined in this Act. This Act also includes specific locations on the premises where establishments that are hotels, casinos, restaurants with liquor licenses, poultry processing plants, massage establishments, and shopping malls must display a public awareness sign. This Act adjusts the process by which the Delaware Anti-Trafficking Action Council (Council) may designate establishments required to display public awareness signs. This Act allows the Council to promulgate regulations to do all of the following: (1) Designate other categories of establishments that must display public awareness signs in addition to the categories required under § 787 and this Act. (2) Designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed. (3) Change requirements for what must be included in a “public awareness sign”, as defined in this Act. The Act requires that the Council shall annually publish a list of categories of establishments that must display a public awareness sign and any specific location requirements for the purposes of providing notice. This Act makes the following clarifications: (1) The Department of Labor currently enforces the public awareness sign display requirement under § 787 through issuance of a fine. This Act clarifies that the fine is a civil penalty. (2) This Act distinguishes between the responsibilities of the Council and establishments, as well as rewrites the responsibilities to clarify the current law regarding the display of public awareness signs. This Act also establishes an enforcement process, including the requirement that establishments will receive a warning before any civil penalties are assessed. If an establishment does not correct the noncompliance identified in its warning, the establishment owner is subject to a civil penalty of not more than $500. On a second or subsequent failure by an establishment to correct the same or a substantially similar noncompliance, the establishment owner is subject to a civil penalty of not more than $2,500. The current fine under § 787 is $300 per violation. Additionally, in the event that the Council changes what must be in a public awareness sign through the promulgation of regulations, this Act creates a safe harbor so a change in the rules does not immediately result in an establishment being in noncompliance. The Department of Labor may promulgate regulations. This Act also requires the Department of Labor to submit an annual report about enforcement to the Council and the General Assembly. To make compliance with and enforcement of this Act feasible, a fiscal note is attached to this bill to finance the creation of the public awareness signs, which will be provided free to State of Delaware facilities and establishments that request them. Additionally, the fiscal note will fund positions within the Department of Labor to enforce the human trafficking public awareness sign display requirements. This Act takes effect immediately and is to be implemented 1 year from the date of this Act’s enactment to allow for the promulgation of regulations by the Department of Labor and the Council, as well as to ensure public awareness signs will be ready for distribution before implementation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Thu, 01 Jun 2023 17:20:15 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140383 Delaware - Lieu/Substituted SB 7 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE ENERGY OFFICE.

This Act updates and expands the duties of the State Energy Office (located in the Department of Natural Resources and Environmental Control’s Division of Climate, Coastal and Energy) to develop and implement state energy policy and programs, including those affecting the buildout of our statewide energy grid, collaborating with other agencies on data gathering and analysis, encouraging and promoting energy equity in energy planning and development, serving as a liaison with federal agencies and energy agencies in other states, conducting analysis of generating resource adequacy and integrated resource planning, participating in offshore wind transmission planning, and convening stakeholder meetings to implement the purposes of this chapter.]]>
Thu, 01 Jun 2023 17:20:05 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130139 Delaware - Lieu/Substituted HB 98 AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO NOTICE REQUIREMENTS FOR DNREC PERMITS.

This Act creates certain uniform, minimum requirements for public notice related to permits and permit renewals issued by the Department of Natural Resources and Environmental Control. In particular, at least 30 days must be provided for submission of public comment after the notice issues, the notice must include instructions for electronic submission of public comment, the permit application to which the notice applies must be available electronically and a link to a page where the application may be accessed electronically shall be provided in the text of the notice, a copy of the notice shall be posted on the Department’s website in addition to whatever other means of delivery is required for the notice, and elected officials whose district includes the location of the permitted activity must be individually notified by e-mail. Where the application materials are too voluminous to post online the Department may provide instructions for alternative access. Conforming changes are made to other parts of the Code that deal directly with public notice of permit applications. The Act is effective 180 days after its enactment.]]>
Thu, 01 Jun 2023 08:54:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130335 Delaware - Lieu/Substituted HB 142 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE

This bill precludes the so-called LGBTQ+ “panic” defense that seeks to partially or completely excuse or justify a defendant from full accountability for the commission of a crime on the grounds that the actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth of the victim is sufficient to explain, excuse, or justify the defendant’s conduct, or contributes to or causes the defendant’s mental state, or that the defendant’s reaction thereto constitutes a mental illness, mental defect, or mental disorder sufficient to excuse or justify the defendant’s conduct (including under circumstances in which the victim made a nonviolent romantic or sexual advance toward the defendant or in which the defendant and the victim dated or had a romantic or sexual relationship). Sections 1 and 3 of this bill move the definitions for gender identity and sexual orientation currently in the hate crimes statute to the general definitions section of the Criminal Code to maintain standard definitions of these terms throughout the Criminal Code. Section 2 of this bill provides that in any prosecution or sentencing for an offense: (i) a defendant is not justified in using force against another based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; (ii) for the purposes of determining whether there is a reasonable explanation or excuse for the existence of extreme emotional disturbance or other asserted mitigating factor or circumstance, such explanation or excuse is not reasonable if it is based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth; and (iii) a defendant does not suffer from a mental illness, mental defect, mental disorder, serious mental disorder, psychiatric disorder, or other impairment affecting or impacting the defendant’s mental state relating to any questions of intent, knowledge, capacity to appreciate the wrongfulness of the defendant’s conduct, disturbance of the defendant’s thinking, feeling or behavior, culpability, willpower to choose whether to do or refrain from doing an act, or ability to distinguish right from wrong, based on the discovery of, knowledge or belief about, or the potential or actual disclosure of the victim’s actual or perceived sexual orientation, sex, gender, gender identity, or sex assigned at birth.]]>
Thu, 01 Jun 2023 08:54:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130111 Delaware - Lieu/Substituted HB 114 AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO RECOVERY HOUSING.

Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. Furthermore, this Act establishes penalties for recovery residences engaged in kickbacks, inducements, patient brokering, and other unethical practices. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.]]>
Thu, 01 Jun 2023 08:54:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130205 Delaware - Lieu/Substituted HB 121 AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO THE CITY'S ABILITY TO AUTHORIZE ARTIFICIAL ENTITIES, LIMITED LIABILITY CORPORATIONS' PARTNERSHIPS AND TRUSTS TO VOTE IN MUNICIPAL ELECTIONS HELD IN SEAFORD.

This bill would allow the City of Seaford to authorize artificial entities, limited liability corporations' partnerships and trusts to vote in Municipal elections held in Seaford.]]>
Thu, 01 Jun 2023 08:54:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130344 Delaware - Lieu/Substituted SS 1 for SB 72 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This Act is a substitute for Senate Bill No. 72. Senate Bill No. 72 would have provided Delaware residents who are active members of a labor organization to claim a tax credit equal to the annual cost of maintaining their membership in the labor organization, not to exceed $500. This Act differs from Senate Bill No. 72 by providing that members of a labor organization may claim a tax deduction for their expenses, rather than a tax credit. ]]>
Thu, 18 May 2023 11:36:40 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130282 Delaware - Lieu/Substituted SB 103 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING INFRASTRUCTURE FOR RESIDENTIAL DWELLINGS.

Electric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate of 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. This Act will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gases to curtail global warming. Specifically, this Act achieves these goals by doing the following: (1) Requiring that newly constructed single-family and multi-family residential dwellings include certain electric vehicle charging infrastructure. (2) Providing county and municipal government enforcement of the electric vehicle charging infrastructure requirements of this Act. This Act expires on the date of publication in the Register of Regulations of a notice by the Secretary of the Department of Natural Resources and Environmental Control that the Regulations for State Energy Conservation Code, Regulation 2101 of Title 7 of the Delaware Administrative Code, which are adopted under § 7602 of Title 16 of the Delaware Code, have been updated to match or exceed the standards adopted by this Act. ]]>
Wed, 17 May 2023 16:50:02 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130208 Delaware - Lieu/Substituted SB 87 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX.

This Act makes the following changes to the realty transfer tax: (1) Clarifies that the exemption from the realty transfer tax for conveyances to or from an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code when the purpose of the conveyance is to provide owner-occupied housing to low and moderate income households applies to rehabilitating residential properties and reselling the properties without profit and to constructing residences on properties and reselling the properties without profit. (2) Exempts any portion of a conveyance in which it is the grantee’s intent to construct affordable housing units and the conveyances are financed using funding provided by the federal government, this State, or a county or municipality of this State for the purpose of constructing affordable housing units, defined as a residential dwelling for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development. (3) Exempts any portion of a conveyance financed through the federal Low Income Housing Tax Credit program. (4) Clarifies that individuals are first-time homebuyers if they intend to occupy the property being conveyed as their principal residence after the construction of a residence on the property to include circumstances where the residence cannot be built within 90 days after the property is purchased. This Act corrects the first-time homebuyer definition related to individuals purchasing as joint tenants or cotenants to replace “none” with “neither” to conform the number of joint tenants or cotenants indicated by the indefinite pronoun to the number indicated by the use of “both” later in the sentence. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 17 May 2023 16:46:57 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=129963 Delaware - Lieu/Substituted HB 60 AN ACT TO AMEND TITLES 18, 29, AND 31 RELATING TO BREAST CANCER SCREENING AND DIAGNOSTIC PROCEDURES.

This Act requires that all insurance policies issued or renewed in this State include coverage of supplemental and diagnostic breast examinations on terms that are at least as favorable as the coverage of annual screening mammograms. The Act covers all group, blanket, and individual health insurance policies as well as the State employee healthcare plan and Medicaid.]]>
Tue, 16 May 2023 12:46:00 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130263 Delaware - Lieu/Substituted SB 102 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PREVAILING WAGE.

This Act closes a loophole in the prevailing wage statute that was being used to pay workers below the prevailing wage by performing work offsite instead of onsite, regardless of whether it was necessary to do so. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]>
Fri, 12 May 2023 15:14:10 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130150 Delaware - Lieu/Substituted HB 110 AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR TERMINATION OF PREGNANCY.

Section 1 amends Title 31 to require all health benefit plans delivered or issued for Medicaid to cover services related to the termination of pregnancy. Coverage provided under this section is not subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and may not impose restrictions on services inconsistent with Subchapter IX, Chapter 17, of Title 24. It also moves the definition of “carrier” out of individual provisions and into the general definition section for the chapter. Sections 2 and 3 amend Title 18 to require both individual and group health carriers to cover services related to the termination of pregnancy with identical cost-sharing prohibitions. Additionally, Sections 2 and 3 make clear that a religious employer may obtain an exclusion from the carrier if the requirements conflict with the organization’s bona fide religious beliefs and practices. Section 4 amends Title 29 to charge the State Employee Benefits Committee with the duty to ensure that state employee plans provide coverage for services related to the termination of pregnancy. Coverage shall not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and shall not impose restrictions on such services inconsistent with protections placed in Subchapter IX, Chapter 17, of Title 24. This Act takes effect January 1 following its enactment into law. ]]>
Thu, 11 May 2023 12:41:53 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130138 Delaware - Lieu/Substituted SB 72 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

The purpose of this chapter is to allow residents of Delaware who are active members of a labor organization to claim a tax credit equal to the annual cost of maintaining their membership in the labor organization, not to exceed $500.]]>
Wed, 10 May 2023 17:41:58 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130102 Delaware - Lieu/Substituted SB 8 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT.

This Act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations.]]>
Tue, 09 May 2023 17:17:29 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130028 Delaware - Lieu/Substituted HB 66 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE PUBLIC EDUCATION PROFILES.

Each year, the Department of Education (Department) issues Delaware Public Education Profiles (Education Profiles), which are available on the Department’s website as the Delaware Report Card. The Delaware Report Card website provides data for all Delaware public schools, including charter schools, but can be viewed only on the basis of a selected school or school district. This Act ensures that parents and guardians can easily access and use this data to compare schools and school districts by requiring all of the following: 1. The ability to generate side-by-side comparisons of the Education Profiles for multiple schools or school districts so that data for multiple entities can be reviewed at the same time. 2. A link to the Education Profiles on both the home page of the Department’s website and the school choice website. 3. That the Education Profiles include a list of a career pathways offered at a high school and must continue to include proficiency rates. The changes to the Delaware Report Card under this Act must by implemented by the next date the Education Profiles are due, if that date is 6 months or more from enactment. If the next date the Education Profiles are due is less than 6 months from enactment, these changes must be implemented no later than in the following year’s Education Profiles. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual which includes revisions to clarify repetitive, confusing or contradictory language.]]>
Thu, 04 May 2023 12:50:25 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130196 Delaware - Lieu/Substituted SB 80 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO IMMIGRATION STATUS REQUIREMENTS FOR PROFESSIONAL LICENSES.

This Act codifies the current practice in Delaware of not requiring proof of citizenship or a specific immigration status on an application for a professional license. By affirmatively providing eligibility for professional licenses regardless of immigration status, this Act brings Delaware into compliance with a federal requirement in place since August 22, 1996, under 8 U.S.C.S. § 1621(d), and provides public notice of this policy.]]>
Tue, 02 May 2023 19:00:46 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130264 Delaware - Lieu/Substituted SS 1 for SB 42 AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BURIAL BENEFITS.

This Act is a substitute for Senate Bill No. 42. Like Senate Bill No. 42, this Act does all of the following: (1) Section 1 of this Act increases the burial benefit for individuals eligible to receive a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $10,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). (2) As a result of the increase in burial benefit made by Section 1 of this Act, the burial benefit for individuals eligible to receive a pension under the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code), Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code), and the early retirement option for state employees (Chapter 53 of Title 29 of the Delaware Code), and the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 of the Delaware Code, are also increased as these are all linked to the burial benefit amount established under § 5546 of Title 29. (3) Section 2 of this Act removes the requirement that the funeral expenses paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company be reasonable and not exceed a certain amount, resulting in a guaranteed $7,000 for funeral expenses. (4) Delays the effect of this Act until October 1, 2023, to provide time to implement this Act after the enactment of the fiscal year 2024 appropriations act containing the funding for this Act. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 42 as follows: (1) This Act does not increase the amount of funeral expenses paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company. (2) Consistent with legal interpretations of the existing law by state agencies, this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29.]]>
Tue, 02 May 2023 19:00:37 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130218 Delaware - Lieu/Substituted SB 2 <div>AN ACT TO AMEND TITLE 11, TITLE 24, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DEADLY WEAPONS.<br><br>This Act does the following: (1) Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. A holder of a valid concealed carry permit, a qualified law-enforcement officer, and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit. (2) Prohibits a licensed importer, manufacturer, or dealer, as well as unlicensed persons, from selling or transferring a handgun to an individual unless the individual has a handgun qualified purchaser permit. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (4) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records. (5) Requires the Department of Safety and Homeland Security to develop and administer a firearms training voucher program for low-income residents to provide low-income residents with a voucher to cover the costs of the firearms training course required under Section 1 of this Act. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is not implemented until the earlier of the following: (1) Six months from the date of the Act’s enactment. (2) The date of publication in the Register of Regulation of a notice by the Director of the State Bureau of Identification that the necessary processes have been established for implementation of the handgun qualified purchaser permit under Section 1 of this Act and the firearms training course under Section 5 of this Act.</div> Tue, 02 May 2023 11:32:40 -0400 152 https://legis.delaware.gov/BillDetail?legislationId=130006 Delaware - Lieu/Substituted SB 42 AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BURIAL BENEFITS.

Section 1 of this Act increases the burial benefit for individuals eligible to receive a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $10,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). As a result of the increase in burial benefit made by Section 1 of this Act, the burial benefit for individuals eligible to receive a pension under the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code), Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code), and the early retirement option for state employees (Chapter 53 of Title 29 of the Delaware Code), and the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 of the Delaware Code, are also increased as these are all linked to the burial benefit amount established under § 5546 of Title 29. Section 2 of this Act increases the burial benefit for a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company from $7,000 to $10,000. This burial benefit has not been increased since 2004 (See 74 Del. Laws, c. 339, § 1). Section 2 of this Act also provides that if a member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company is entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29, the member is not eligible for benefits under § 6750 of Title 18. The funeral benefit created under § 6750 of Title 18 was created before the burial benefit was created for the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code) and Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code). This change updates § 6750 of Title 18 to recognize the existence of these other burial benefits. This Act takes effect on October 1, 2023, to provide time to implement this Act after the enactment of the fiscal year 2024 appropriations act containing the funding for this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 26 Apr 2023 17:36:08 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130080 Delaware - Lieu/Substituted HB 83 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ORAL HEALTH SCREENINGS.

This Act requires every public school and charter school to provide students enrolled in kindergarten, who have not been seen by a dentist by time of school enrollment, with an oral health screening by the last student attendance day of each school year. Notification to the primary teacher and parent or guardian must be done within 7 school days and a copy of the oral health screening results sent home. A referral to a dentist, if required, will be provided by the Bureau of Oral Health and Dental Services. The Division of Public Health (DPH), through the Delaware Smile Check Program, offers school-based oral screenings, at no cost to the school districts, schools, including charter schools, or the students. This Act takes effect for the 2024-2025 school year.]]>
Wed, 26 Apr 2023 12:41:19 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130202 Delaware - Lieu/Substituted SB 83 AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMUNITY INVESTMENT VENTURE FUND.

This Act creates the Delaware Community Investment Venture Fund to develop opportunities for banking organizations and credit unions doing business in Delaware to better serve the needs of low to moderate income tracts in Delaware. The source of funds will be transfers from the Delaware State Bank Commissioner Regulatory Revolving Fund (established in Section 105 of Title 5), which currently has an amount in excess of that needed to cover the operating expenses of the Office of the State Bank Commissioner. The initial transfer will be up to $2.5 million, plus another $250,000 for expenses. Thereafter, additional transfers of up to $500,000 each fiscal year are authorized. No further transfers are authorized after June 30, 2028, unless further legislation is approved by the General Assembly.]]>
Wed, 26 Apr 2023 09:58:24 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130217 Delaware - Lieu/Substituted SB 95 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVER'S LICENSES.

This Act adds clarity to the statutory changes made by Senate Substitute 1 for Senate Bill 151 of the 151st General Assembly related to driver’s licenses for foster children. This Act clarifies that during the initial 6 months of a Learner’s Permit, a foster parent is only liable for the negligent driving of a foster child up to the limits of the foster parent’s insurance policy.]]>
Tue, 25 Apr 2023 18:29:07 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130011 Delaware - Lieu/Substituted SB 46 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MISSING PERSONS.

According to the National Center for Missing and Exploited Children, an estimated 800,000 children are reported missing each year. This Act revises this State's missing children laws to improve search efforts, increase collaboration between law enforcement agencies, and increase public information about missing children. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 19 Apr 2023 14:55:41 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=129961 Delaware - Lieu/Substituted SB 1 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

This Act creates a right to representation for tenants in evictions and other landlord-tenant actions. The disruptive displacement that accompanies eviction proceedings creates significant costs for state and local government related to shelter funding, education funding, health care provided in hospitals instead of community-based providers, transportation costs for homeless youth, and foster care. Evictions and disruptive displacement also have significant, well-documented, and long-lasting effects on the lives of individuals and families, including poorer physical and mental health, increased risk of homelessness, increased risk of employment loss, loss of personal property, damage to credit standing, and relocation into substandard housing. Further, evictions fall disproportionately on Black and Latinx families, who have also been the hardest hit by the COVID-19 crisis. Section 1 of this Act establishes a right to representation for evictions and other landlord-tenant actions for covered individuals with household incomes below 200% of the federal poverty guidelines. The Attorney General shall contract with legal services providers for the provision of representation in proceedings covered by this Act. The Right to Representation Coordinator will manage the contracts and work with community organizations to do outreach and education regarding the right to representation. Section 1 of this Act requires landlords to provide notice of the right to representation at periodic designated intervals in the tenancy and in eviction proceedings. Section 2 of this Act authorizes the creation of a residential eviction diversion program modeled after the Superior Court’s Residential Mortgage Foreclosure Mediation Program. Section 3 of this Act is a severability clause. Section 4 of this Act makes Sections 1 and 6 effective 120 days after the Act's enactment. Section 5 of this Act makes Section 2 of this Act contingent on funding. Section 6 requires the Coordinator to provide the General Assembly with a copy of the first annual report required under § 5605 of Title 25, as contained in this Act, to determine if additional funding is needed to address the fiscal impact of the Act on the Justice of the Peace Court.]]>
Thu, 23 Mar 2023 10:55:56 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=129959 Delaware - Lieu/Substituted HB 55 AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE HOMELESS.

This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary. ]]>
Tue, 14 Mar 2023 13:06:47 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130040 Delaware - Lieu/Substituted HB 100 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This bill creates a special license plate for the Delaware State Police which will be displayed on the active fleet at the discretion of the Superintendent of the State Police for the 100th Anniversary of the Division.]]>
Wed, 08 Mar 2023 16:34:41 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=129900 Delaware - Lieu/Substituted HB 33 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FUNDING FOR PREKINDERGARTEN SPECIAL EDUCATION.

This Act increases funding for preschool children with disabilities who are not counted in either "intensive" or "complex" special education units by revising the current ratio of 12.8 students per unit to 8.4 students per unit for children 3 years of age and older enrolled in a preschool program. This is the same ratio in effect as of July 1, 2023, for K-3 basic special education. The Act also creates a new “preschool 2” unit with a ratio of 7 students per unit. This is to accommodate 2-year-olds with disabilities who are enrolled in school district programs. The Office of Child Care Licensing requires a 1:7 ratio for classrooms that have 2-year-olds in them. The preschool funding change is effective July 1, 2023.]]>
Thu, 26 Jan 2023 12:34:14 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=129901 Delaware - Lieu/Substituted HB 34 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.

This Bill requires school boards, including charter schools, to permit public comment on each agenda item presented for a vote at a school board meeting. The public comment period must take place before the school board vote on an agenda item. The school board may reasonably restrict the time, place, and manner of the public comment period.]]>
Tue, 17 Jan 2023 12:32:30 -0500 152