Delaware Legislature - Out of Committee Legislation http://www.legis.delaware.gov/ Legislation Out of Comittee with the State of Delaware en-us Thu, 07 Mar 2024 14:04:32 -0500 https://legis.delaware.gov/BillDetail?legislationId=141001 Delaware House - Out of Committee Legislation HB 332 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMIES.

This Act codifies the teacher academy pathways program that prepares students for careers in elementary and secondary education. Among other things, it requires the DOE to update and revise statewide standards and guidelines for teacher academies and provide technical assistance to local education agencies to meet those standards and guidelines. This Act further requires that teacher academies offer (1) value-added credits to students who have completed the credits required by the initial program of study; and (2) work-based immersion options. Finally, the DOE must publish an annual report summarizing each teacher academy program in the State, including the number of participants in the program and the number of participants who successfully transition to a program or institute of higher learning in the field of education. ]]>
Wed, 27 Mar 2024 18:04:10 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141000 Delaware House - Out of Committee Legislation HB 331 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TEACHER ACADEMY SCHOLARSHIPS.

This Act creates a scholarship for students who have completed a Delaware Teacher Academy and are enrolled in a Delaware Educator Preparation Program. This scholarship supplements the Educator Support Scholarship and is intended to fill a $2500 funding gap for aspiring educators who are in their first year at an Educator Preparation Program. ]]>
Wed, 27 Mar 2024 18:04:06 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140945 Delaware House - Out of Committee Legislation HB 308 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT POLICIES FOR INSTITUTIONS OF HIGHER EDUCATION.

This Act mandates that employees of institutions of higher education and students receive training in sexual assault prevention. Although the current law makes training available, it has not been required. This Act further changes the reporting period in which academic institutions must report information on campus sexual assaults from the calendar year to the academic year. Finally, this Act requires the DOJ to post the annual reports from the previous 5 years on its website and to include the aggregate data from the previous 5 years in each report so that data trends are easily identified. ]]>
Wed, 27 Mar 2024 18:04:02 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141108 Delaware House - Out of Committee Legislation HS 1 for 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. This Substitute Bill differs from the original House Bill No. 350 as follows: It provides additional detail regarding the operation of the Board, budget modifications, and provides an appeal right to the Superior Court. It changes the application of the definition of hospital to exclude psychiatric facilities. Because hospitals may have different fiscal years, the deadline for the Board to issue a final decision on a budget is changed to 90 days before the start of a hospital’s fiscal year rather than a fixed date. The confidentiality provisions for hospital records have been updated. Technical corrections have been made. ]]>
Wed, 27 Mar 2024 18:03:56 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141045 Delaware House - Out of Committee Legislation HB 347 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY PLAN FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES

This Act entitles non-exempt Delaware Department of Transportation employees who work over 37.5 hours to be paid at time and a half. ]]>
Wed, 27 Mar 2024 18:03:51 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140964 Delaware House - Out of Committee Legislation HB 322 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMISSION ON ASIAN AND PACIFIC ISLANDER HERITAGE AND CULTURE.

This Act establishes the Delaware Commission on Asian and Pacific Islander Heritage and Culture.]]>
Wed, 27 Mar 2024 18:03:46 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141005 Delaware House - Out of Committee Legislation HB 339 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM PARTNERSHIP ACT.

This Act continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the “GP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the GP Act: Section 1 amends § 15-902 of the GP Act to permit a certificate of merger or a certificate of ownership and merger to state any amendments to the statement of partnership existence of a surviving domestic partnership in a merger (and in the case of a surviving domestic partnership that is a limited liability partnership, to the statement of qualification of such surviving domestic partnership) as are desired to be effected by the merger. This section also amends § 15-902 of the GP Act to require a domestic partnership that is causing a merger under § 15-902(m) of the GP Act to file a statement of partnership existence (if it has not already filed a statement of partnership existence). Section 2 provides that the amendments to the GP Act take effect on August 1, 2024. 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.]]>
Wed, 27 Mar 2024 18:03:42 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141008 Delaware House - Out of Committee Legislation HB 338 AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF DOMESTIC STATUTORY TRUSTS.

This Act continues the practice of amending periodically the Delaware Statutory Trust Act (“the Statutory Trust Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the Statutory Trust Act: Section 1 amends § 3801(e) of the Statutory Trust Act to confirm that any series of a statutory trust is bound by the governing instrument of such statutory trust regardless of whether the series executed the governing instrument. This amendment is not intended to imply that other references to “statutory trust” in the Statutory Trust Act do not include series thereof to the extent required by the context. Section 2 amends § 3806(b)(9) of the Statutory Trust Act to confirm that the governing instrument of a statutory trust may be amended as permitted by § 3825(f). Section 3 amends § 3806(l) of the Statutory Trust Act to conform the reference to the Investment Company Act of 1940 in this section to other references to the Investment Company Act of 1940 in the Statutory Trust Act. Section 4 adds a new § 3806(p) to the Statutory Trust Act to confirm that the trustees of a statutory trust may authorize the beneficial owners to direct the voting of securities held by the statutory trust. Many registered investment companies have implemented, or are considering implementing, forms of pass-through voting. Section 5 amends § 3811(c) of the Statutory Trust Act to conform the language to the analogous provision in the Delaware Limited Liability Company Act. Section 6 amends § 3815(b)(4) of the Statutory Trust Act to change a reference from “person” to “entity”. Section 7 amends § 3815(f) of the Statutory Trust Act to confirm that an amendment to a governing instrument or the adoption of a new governing instrument effected pursuant to § 3815(f) of the Statutory Trust Act may be effected only with respect to the governing instrument of the surviving or resulting statutory trust and not with respect to the governing instrument of a constituent statutory trust that is not the surviving or resulting statutory trust. Section 8 amends § 3820(g) of the Statutory Trust Act to provide that the approval of a conversion to a statutory trust, and the approval of the governing instrument of the statutory trust, are required to occur prior to the time a certificate of conversion to statutory trust becomes effective rather than prior to filing of the certificate of conversion to a statutory trust. Section 9 amends § 3822(g) of the Statutory Trust Act to provide that the approval of a domestication as a statutory trust, and the approval of the governing instrument of the statutory trust, are required to occur prior to the time a certificate of statutory trust domestication becomes effective rather than prior to filing of the certificate of statutory trust domestication. Sections 10, 11, and 12 amend §§ 3827, 3828, and 3829 of the Statutory Trust Act to clarify that §§ 3827, 3828, and 3829 apply to all of Chapter 38 of Title 12 of the Delaware Code rather than to only Subchapter I of Chapter 38. Section 13 provides that the amendments to the Statutory Trust Act take effect on August 1, 2024. ]]>
Wed, 27 Mar 2024 18:03:37 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141007 Delaware House - Out of Committee Legislation HB 337 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM LIMITED PARTNERSHIP ACT.

This Act continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “LP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the LP Act: Section 1 amends § 17-204 of the LP Act. Because Section 2 contains amendments that permit a certificate of merger or a certificate of ownership and merger to amend the certificate of limited partnership of a surviving domestic limited partnership in a merger to reflect the admission of one or more new general partners of the surviving domestic limited partnership in connection with the merger, Section 1 amends § 17-204 of the LP Act to require each new general partner to sign the certificate of merger or certificate of ownership and merger. Further, because Section 5 contains amendments that permit a certificate of merger of registered series to amend the certificate of registered series of a surviving registered series in a merger to reflect the association of one or more new general partners with the surviving registered series in connection with the merger, Section 1 amends § 17-204 of the LP Act to require each new general partner to sign the certificate of merger of registered series. Section 2 amends § 17-211 of the LP Act to permit a certificate of merger or a certificate of ownership and merger to state any amendments to the certificate of limited partnership of a surviving domestic limited partnership in a merger (and in the case of a surviving domestic limited partnership that is a limited liability limited partnership, to the statement of qualification of such surviving domestic limited partnership filed under § 15-1001 of the Delaware Revised Uniform Partnership Act) as are desired to be effected by the merger. Section 3 amends § 17-218(d) of the LP Act to confirm and clarify certain of the mechanisms for revoking termination of a protected series. Specifically, Section 3 amends § 17-218(d) to confirm and clarify that the references to “other persons” in § 17-218(d)(1) and (2) are references to other persons whose approval is required for such termination of the protected series pursuant to the partnership agreement. Section 4 amends § 17-221(f) of the LP Act to confirm and clarify certain of the mechanisms for revoking dissolution of a registered series. Specifically, Section 4 amends § 17-221(f) to confirm and clarify that the references to “other persons” in § 17-221(f)(1) and (2) are references to other persons whose approval is required for such dissolution of the registered series pursuant to the partnership agreement. Section 5 amends § 17-224 of the LP Act to permit a certificate of merger of registered series to state any amendments to the certificate of registered series of a surviving registered series in a merger as are desired to be effected by the merger. Section 6 amends § 17-806 of the LP Act to confirm and clarify certain of the mechanisms for revoking dissolution of a limited partnership. Specifically, Section 6 amends § 17-806 to confirm and clarify that the references to “other persons” in § 17-806(1) and (2) are references to other persons whose approval is required for such dissolution of the limited partnership pursuant to the partnership agreement. Section 7 provides that the amendments to the LP Act take effect on August 1, 2024. ]]>
Wed, 27 Mar 2024 18:03:33 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141006 Delaware House - Out of Committee Legislation HB 336 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LIMITED LIABILITY COMPANY ACT.

This Act continues the practice of amending periodically the Delaware Limited Liability Company Act (the “LLC Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the LLC Act: Section 1 amends § 18-209 of the LLC Act to permit a certificate of merger or a certificate of ownership and merger to state any amendments to the certificate of formation of a surviving domestic limited liability company in a merger as are desired to be effected by the merger. Section 2 amends § 18-215(d) of the LLC Act to confirm and clarify certain of the mechanisms for revoking termination of a protected series. Specifically, Section 2 amends § 18-215(d) to confirm and clarify that the references to “other persons” in § 18-215(d)(1) and (2) are references to other persons whose approval is required for such termination of the protected series pursuant to the limited liability company agreement. Section 3 amends § 18-218(f) of the LLC Act to confirm and clarify certain of the mechanisms for revoking dissolution of a registered series. Specifically, Section 3 amends § 18-218(f) to confirm and clarify that the references to “other persons” in § 18-218(f)(1) and (2) are references to other persons whose approval is required for such dissolution of the registered series pursuant to the limited liability company agreement. Section 4 amends § 18-221 of the LLC Act to permit a certificate of merger of registered series to state any amendments to the certificate of registered series of a surviving registered series in a merger as are desired to be effected by the merger. Section 5 amends § 18-806 of the LLC Act to confirm and clarify certain of the mechanisms for revoking dissolution of a limited liability company. Specifically, Section 5 amends § 18-806 to confirm and clarify that the references to “other persons” in § 18-806(1) and (2) are references to other persons whose approval is required for such dissolution of the limited liability company pursuant to the limited liability company agreement. Section 6 provides that the amendments to the LLC Act take effect on August 1, 2024. ]]>
Wed, 27 Mar 2024 18:03:28 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140966 Delaware House - Out of Committee Legislation HB 318 AN ACT TO AMEND TITLE 10 AND TITLE 19 OF THE DELAWARE CODE RELATING TO EXEMPTIONS IN BANKRUPTCY AND DEBT PROCEEDINGS.

This Act increases the exemption in bankruptcy and other debt proceedings for a debtor’s personal residence from $125,000 to $200,000. The exemption has been limited to $125,000 since 2012 while home prices have increased dramatically in the intervening years. It also increases the exemption for tools of the trade and for a vehicle to $25,000 from $15,000. This Act also exempts worker’s compensation awards under the laws of other states from attachment in bankruptcy or other proceedings in the same manner that a worker’s compensation award made under Delaware law is exempt. The Act takes effect on January 1, 2025.]]>
Wed, 27 Mar 2024 18:03:22 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140645 Delaware House - Out of Committee Legislation SB 183 AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO MILITARY JUDGES.

The Delaware National Guard is in need of military judges and wants to use qualified military judges who are retired from the Delaware National Guard.]]>
Wed, 27 Mar 2024 18:03:18 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140899 Delaware House - Out of Committee Legislation HB 310 AN ACT TO AMEND TITLES 6, 14, AND 29 OF THE DELAWARE CODE RELATING TO THE UNITED STATES SPACE FORCE.

The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 27 Mar 2024 18:03:14 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140875 Delaware Senate - Out of Committee Legislation SS 1 for 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 allows for correctional 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 following its enactment. The substitute bill changes the following from the original bill: (1) Adds an applicability section clarifying these privacy protections only apply for correctional officers who serve or have served with the Department of Correction on the enactment date. (2) Retains the original language of “publicly posts” as opposed to “knowingly posts”. (3) Changes the duration period of the written request to two years. (4) Clarifies that a correctional officer that is removed for cause or fired will have their written request immediately removed. (5) Allows for renewal of written requests by correctional officers who remain employed with the Department of Correction. (6) Allows for a correctional officer to revoke their written request. (7) Allows for a correctional officer who retires or leaves the job in good standing to obtain a two-year extension of their written request from the date of their retirement or date of leave.]]>
Wed, 27 Mar 2024 16:27:14 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140860 Delaware House - Out of Committee Legislation SB 207 AN ACT TO AMEND CHAPTER 170, VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT AND DRUG TESTING STRIPS.

This Act eliminates the sunset provision contained in Chapter 170, Volume 84 of the Laws of Delaware related to xylazine.]]>
Wed, 27 Mar 2024 16:22:24 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141039 Delaware House - Out of Committee Legislation HB 346 AN ACT TO AMEND TITLES 10 AND 24 OF THE DELAWARE CODE RELATING TO GENDER-AFFIRMING HEALTH CARE.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming health care. In summary, this Act does the following: (1) Clarifies that medical professionals who provide gender-affirming health care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State; (2) Prohibits health care providers from disclosing communications and records concerning gender-affirming health care without the patient’s authorization in any civil action or proceeding, with some exceptions; (3) Protects health care providers from out-of-state civil actions relating to gender-affirming health care treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware; and (5) Prohibits insurance companies from taking any adverse action against health care professionals who provide gender-affirming health care services.]]>
Wed, 27 Mar 2024 16:22:21 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140855 Delaware House - Out of Committee Legislation HB 287 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED LAW-ENFORCEMENT CANINES.

This act requires that an owner be reimbursed up to $1,500 annually for veterinary care expenses paid by the owner for the care of a law-enforcement canine retired from a police department of a political subdivision of the State of Delaware. The Department of Safety and Homeland Security is the implementing agency for this act.]]>
Wed, 27 Mar 2024 16:22:19 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141104 Delaware House - Out of Committee Legislation HB 190 AN ACT TO AMEND TITLES 16 AND 21 OF THE DELAWARE CODE RELATING TO ANIMAL POPULATION CONTROL PROGRAMS.

This bill updates the current law relating to the Spay Neuter Fund and the administration of that fund to make it easier to administer the fund and animal population control programs. Changes have also been made to conform to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 27 Mar 2024 16:22:16 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141120 Delaware Senate - Out of Committee Legislation SB 246 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE HOUSING REPAIR AND MODIFICATION FUND.

For over 30 years, the Delaware State Housing Authority (DSHA) has invested in home repair programs that make necessary repairs to improve the health and safety conditions in the homes of Delawareans. This Act codifies a “Housing Repair and Modification Fund,” which will be administered by DSHA and serve low- and very-low income homeowners in need of home repair assistance.]]>
Wed, 27 Mar 2024 16:05:09 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141119 Delaware Senate - Out of Committee Legislation SB 244 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES.

This Act allows a county that imposes a lodging tax to spend money from that tax on workforce and affordable housing programs. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]>
Wed, 27 Mar 2024 16:05:01 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141118 Delaware Senate - Out of Committee Legislation SB 25 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX.

This Act exempts contracts for the construction of affordable housing units from the 2% realty transfer tax imposed under 30 Del. C. § 5402(f).]]>
Wed, 27 Mar 2024 16:04:57 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141121 Delaware Senate - Out of Committee Legislation SB 22 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ESTABLISHING THE DELAWARE WORKFORCE HOUSING PROGRAM.

This Act establishes the “Delaware Workforce Housing Program" (DWHP). Modeled after the Downtown Development District Program, the DWHP allows a qualified workforce housing investor to be reimbursed through a grant up to 20 percent of the capital costs associated with workforce housing units they create. To be eligible for a grant, the project must be located in Investment Levels 1 and 2 as established by the Delaware Strategies for State Policies and Spending. A grant may not be awarded for a project that is also intended to qualify for a federal low-income or state low-income housing tax credit. This program will be administered by the Delaware State Housing Authority (DSHA) and requires the DSHA to provide an annual report on the effectiveness of the program. The Act provides the DSHA with the power to adopt regulations for the DWHP. ]]>
Wed, 27 Mar 2024 16:04:53 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141113 Delaware Senate - Out of Committee Legislation SB 248 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This Act clarifies that for purposes of the Family and Medical Leave Insurance Program, where an employee is co-employed by an employee leasing company or a professional employment organization, "employer" refers to the employer client of the employee leasing company or professional employment organization, and not to the employee leasing company or professional employment organization. This Act also defines "collective bargaining agreement" for purposes of the Family and Medical Leave Insurance Program and excludes from the definition of "employee" individuals who are covered by a collective bargaining agreement as a member of a labor organization, who receive employment benefits through the labor organization, and who, due to the nature of the industry in which they work, may never qualify as a covered individual under the Family and Medical Leave Insurance Program. . ]]>
Wed, 27 Mar 2024 16:04:50 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140928 Delaware Senate - Out of Committee Legislation SB 216 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG TERM CARE FACILITIES AND SERVICES AND CIVIL PENALTIES.

This Act increases the civil penalties for violations of the statutes in Title 16, Chapter 11 related to Long Term Care Facilities and the regulations adopted pursuant to it. For violations that the Department determines pose a serious threat to the health and safety of a resident, the minimum penalty in Section 1109 of Title 16 is increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation. For violations that do not constitute a serious threat to the health and safety of a resident, the maximum penalty is increased from $5,000 to $10,000 per violation. The civil penalties in Section 1109(a)(2) for violations that pose a serious threat to the health and safety of a resident were established in 1998 and have not been increased since then. The maximum civil penalty in Section 1109(c) for violations that do not constitute a serious threat to the health and safety of a resident was set at $10,000 in 1998, but was later reduced to $5,000 in 2000, and has not been increased since then. This Act also repeals the provision which places a cap on the civil penalties for continuing violations.]]>
Wed, 27 Mar 2024 16:04:46 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140876 Delaware Senate - Out of Committee Legislation HB 315 AN ACT TO AMEND TITLE 9, TITLE 14, AND TITLE 31 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.

This Act makes technical corrections to remove racist language and provisions from the Delaware Code. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and the current responsibilities of Delaware agencies.]]>
Wed, 27 Mar 2024 16:04:36 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140951 Delaware Senate - Out of Committee Legislation HB 24 w/ HA 1 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO CHARITABLE DONATIONS AND INCOME TAX RETURNS.

This Act creates a new charitable donation option on the Delaware income tax return. It allows taxpayers to direct a donation to the SL24: Unlocke the Light Foundation out of their state tax refund or in addition to the payment of owed tax. The Foundation works to educate the community to end the stigma, myths, and barriers surrounding mental health and to encourage productive conversations regarding mental health and wellness; provide uninsured and underinsured young people the means to get the critical and ongoing health services they need through the SL24 Mental Health Scholarship program; and provide access to trained Peer24 Team Members, Support Groups, and safe spaces like Sean’s House and Sean’s Rooms; The Act also removes the statutory limitation on the number of charitable funds that may be included on the income tax return. ]]>
Wed, 27 Mar 2024 16:04:32 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141079 Delaware Senate - Out of Committee Legislation SB 243 AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDENCROFT.

This Act deletes the current Charter of the Village of Ardencroft (the "Village") and replaces it with a new charter that differs in several respects. Among other changes, the Act changes the Village's governing body from the "Town Meeting" to the "Village Assembly." The Act also adds a requirement for residents to qualify as eligible voters. Under the current charter, eligible voters are persons 18 or older who have resided in the Village for a period of 30 consecutive days. The new charter provides that an "eligible voter" means a resident who is 18 years or older, and defines "resident" to mean a person who has resided in the Village for a period of 30 consecutive days and who currently resides in the Village for the majority of the calendar year. In addition, the Act clarifies that "resident" includes persons renting housing units in the village, as well as resident leaseholders. The Act decreases the minimum required number of regular meetings of the governing body from 6, under the current charter, to 4, under the new charter, and clarifies that they may be held virtually, in whole or in part, and that they are open to the public, which includes persons who are not eligible to vote. Finally, the Act removes the current charter's provisions concerning a town police force.]]>
Wed, 27 Mar 2024 16:04:29 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141026 Delaware Senate - Out of Committee Legislation SB 237 AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO COMPREHENSIVE PLANNING.

This Act amends the provisions in Title 9 of the Delaware Code relating to the county comprehensive plans for Sussex, Kent, and New Castle Counties, and Title 22 of the Delaware Code relating to municipal comprehensive plans for municipalities with populations greater than 2,000, to require that their comprehensive plans increase community resiliency and address the impacts of climate change. The Delaware Code provisions regarding county comprehensive plans are being amended to require that future land use plans reflect strategies that consider community resiliency and reduce the vulnerability of property, agriculture, infrastructure, and cultural and natural resources from the impacts of climate change, including extreme weather events, and that those strategies be informed by the Delaware Climate Action Plan and Implementation Plans as amended, and in consultation with the Office of State Planning and Coordination. The new provisions add “walking trails” to the mobility element to be considered, and require that consideration be given to alternatives to auto-centric development patterns, including transit services. County comprehensive plans must be consistent with the State Implementation Plan and consider designated State evacuation routes. The county comprehensive plans must also consider forests, habitat areas, and wildlife corridors. The housing element for county comprehensive plans must consider anticipated growth areas and be in conformance with the strategies reflected in future land use plans and encourage the development of new housing growth away from areas vulnerable to inland and coastal flooding. This Act will not take effect until November 15, 2026.]]>
Wed, 27 Mar 2024 16:04:25 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140943 Delaware Senate - Out of Committee Legislation SB 230 AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO COMMUNITY CANVASSING.

This Act clarifies that elected officials may not be prevented from engaging in constituent relations and that candidates for public office or staff or volunteers may not be prevented from engaging in election-related or similar activities in residential communities. ]]>
Wed, 27 Mar 2024 16:04:22 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140905 Delaware Senate - Out of Committee Legislation SB 214 AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of the Town of Millsboro to give the Town Council the authority to impose and collect a lodging tax. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.]]>
Wed, 27 Mar 2024 16:04:18 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140904 Delaware Senate - Out of Committee Legislation SB 213 AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLVILLE RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of the Town of Millville to restore the authority of the Town Council to impose and collect a lodging tax. This authority to impose and collect a lodging tax was enacted under Senate Bill No. 162 (150th) in 2019 but was inadvertently repealed under House Bill No. 138 (151st) in 2021. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.]]>
Wed, 27 Mar 2024 16:04:15 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141036 Delaware Senate - Out of Committee Legislation HS 2 for HB 252 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SALARY STEP FOR COMPLETION OF TEACHER RESIDENCY PROGRAM.

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, 27 Mar 2024 16:04:10 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140949 Delaware Senate - Out of Committee Legislation HB 312 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.

School board members are currently required to engage both in financial responsibility training and a training to understand educational and legal issues about due process and special education. This Act will require that a school board president inform each new member of the board of the training obligation. A school board president must also send a letter by January 15 of every year to any school board member who has not fulfilled the training obligation by January 1 following that member’s election or appointment. The Act also makes the special education due process training requirement explicit in the Code for members of a charter school board of directors as well as members of a traditional or vocational technical district school board. This training is already required for charter schools by regulation.]]>
Wed, 27 Mar 2024 16:04:07 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140946 Delaware Senate - Out of Committee Legislation HB 309 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO SPECIAL EMPLOYMENT PRACTICES FOR HEALTH CARE AND CHILD CARE FACILITIES.

This Act updates the definition of child care facility to reflect the move of the Office of Child Care Licensing from the Department of Services for Children, Youth & Their Families to the Department of Education. ]]>
Wed, 27 Mar 2024 16:04:01 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140919 Delaware House - Out of Committee Legislation SB 220 AN ACT TO AMEND TITLE 18 RELATING TO HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID.

Medicaid is generally the “payer of last resort,” meaning that Medicaid only pays claims for covered items and services if there are no other liable third-party payers for the same items and services. When Medicaid beneficiaries have one or more additional sources of coverage for health care services, third-party liability (TPL) rules govern the legal obligation of such third parties. Section 1902(a)(25)(A) of the Social Security Act defines third-party payers as health insurers, managed care organizations, and group health plans, among others. The federal Consolidated Appropriations Act of 2022 (CAA 2022), enacted March 15, 2022, increased state flexibility with respect to TPL. Section 202 of the CAA, 2022 amended section 1902(a)(25)(I) of the Act to require a state plan for medical assistance to provide assurances satisfactory to the Secretary that the state has state laws in place that bar responsible third-party payers (other than Medicare plans) from refusing payment for an item or service solely on the basis that such item or service did not receive prior authorization under the third-party payer’s rules. Specifically, if the responsible third party requires prior authorization for an item or service furnished to a Medicaid-eligible individual, the responsible third party must accept the authorization provided by the state that the item or service is covered under the state plan (or waiver of such plan) for such individual, as if such authorization was made by the third party for such item or service. Authorization by the state means that the item or service an individual received (and for which third-party reimbursement is being sought) is a covered service or item under the Medicaid state plan (or waiver of such plan) for that individual. The effective date for this new federal provision is January 1, 2024, with an exception for states that first need to pass state legislation to comply with the change in law. This bill is intended to update the provisions of Title 18, § 4003 to make them consistent with federal law contained in the Consolidated Appropriations Act of 2022. ]]>
Tue, 26 Mar 2024 13:29:02 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140804 Delaware House - Out of Committee Legislation HS 1 for HB 253 AN ACT TO AMEND TITLES 16, 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO MAMMOGRAMS.

This Act is a substitute for House Bill 253. Like HB 253, it 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. This substitute differs from HB 253 by updating Title 18, Section 3552 of the Delaware for consistency with the rest of the bill. Specifically, it requires insurance carriers to provide coverage for annual mammograms for cancer screening beginning at age 40 rather than age 50 and prohibits carriers from requiring a referral for these annual mammograms.]]>
Tue, 26 Mar 2024 13:28:59 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141114 Delaware House - Out of Committee Legislation HB 355 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.

This Act provides legal protections for financial institutions and other entities that provide financial or accounting services to cannabis-related businesses that are licensed or registered under Delaware law. Specifically, it clarifies that banks, credit unions, armored car services, and providers of accounting services are not subject to prosecution under Delaware law merely by providing lawful services to licensed businesses engaged in the production, distribution and sale of cannabis in Delaware. This Act aims to facilitate the operation of cannabis-related businesses by helping to ensure that such businesses have access to necessary financial and accounting services.]]>
Tue, 26 Mar 2024 13:28:56 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140952 Delaware House - Out of Committee Legislation HB 313 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MAMMOGRAMS.

This Act ensures that all female inmates in DDOC custody, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force. ]]>
Tue, 26 Mar 2024 13:28:54 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140864 Delaware House - Out of Committee Legislation SJR 4 DIRECTING THE DIVISION OF MOTOR VEHICLES TO OPT INTO A FEDERAL EXEMPTION TO DEVELOP A "SCHOOL BUS ONLY - COMMERCIAL DRIVER'S LICENSE".

This Joint Resolution directs the Division of Motor Vehicles to opt into the FMCSA’s federal exemption that allows for first time CDL applicants seeking a school bus only endorsement on their driver’s license. An applicant’s school bus only endorsement would only apply to intrastate operation of a school bus. The Division of Motor Vehicles is directed to implement this policy by May 1, 2024. ]]>
Tue, 26 Mar 2024 13:12:07 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141095 Delaware House - Out of Committee Legislation HB 352 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ENFORCEMENT AND REMOVAL OF ABANDONED VEHICLES.

This Act gives county code enforcement constables the authority to tow abandoned vehicles on private property.]]>
Tue, 26 Mar 2024 13:12:04 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141068 Delaware House - Out of Committee Legislation HS 2 for HB 13 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES.

This Act requires the Director of the Sustainable Energy Utility to administer a program to provide financial assistance to Delaware residents for the cost of purchase and installation of electric vehicle supply equipment. For a low-income applicant (meaning up to 300% of the federal poverty level for household income), financial assistance covering up to 90% of the purchase and installation costs may be covered. For all other applicants the program may offer assistance to cover up to 50% of the costs. ]]>
Tue, 26 Mar 2024 12:19:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140785 Delaware House - Out of Committee Legislation HB 256 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE EMISSIONS.

This act limits the repair waiver expenditure required by the Department of Natural Resources and Environmental Control to a uniform statewide amount of $450.]]>
Tue, 26 Mar 2024 12:19:22 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141115 Delaware House - Out of Committee Legislation HS 1 for 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. 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. Finally, the Act increases the maximum monetary penalty 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. This House Substitute No. 1 for House Bill No. 270 differs from the original in the following ways: It specifies that information related to theft and loss prevention policies and procedures is not subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905. It specifies that the content of loss and prevention policies are not a basis for denial of a deadly weapons dealer license. It reduces all of the monetary penalties. It removes the shoplifting enhancement. It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.]]>
Thu, 21 Mar 2024 12:57:51 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140902 Delaware House - Out of Committee Legislation HB 301 AN ACT PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITING THE IMPOSITION OF THE DEATH PENALTY.

This Act is the first leg of an amendment to the Delaware Constitution to prohibit the imposition of the death penalty. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution. ]]>
Wed, 20 Mar 2024 16:44:46 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140812 Delaware Senate - Out of Committee Legislation SB 198 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL FIGHTING.

This Act revises existing animal cruelty laws to include people who knowingly possess, own, buy, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting as guilty of a class E felony. This Act defines “animal fighting paraphernalia” and creates a list of considerations a court may use when assessing whether an item or object qualifies as animal fighting paraphernalia. ]]>
Wed, 20 Mar 2024 15:59:13 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140810 Delaware Senate - Out of Committee Legislation HB 267 w/ HA 1 AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO VIOLATIONS OF CHILD SUPPORT ORDERS.

This Act prohibits the Family Court from imposing a sentence of incarceration or ordering the suspension of a person’s license for failure to pay court-ordered child support unless it finds that the failure to pay is wilful and not due to an inability of the person to pay the support. This Act also makes technical corrections to correct a typographical error in existing code and to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 20 Mar 2024 15:59:09 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140809 Delaware Senate - Out of Committee Legislation HB 285 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.

This Act amends the Delaware Medical Marijuana Act by removing the requirement that a patient have a debilitating medical condition to qualify for a registry identification card, instead allowing health-care providers to make the determination of whether a patient has a diagnosed medical condition for which the patient would receive therapeutic or palliative benefit from the use of medical marijuana. As a result, this Act removes the CBD-rich and compassionate use programs, which previously allowed for the use of marijuana for the treatment of conditions that otherwise did not qualify a patient for a registry identification card. This Act allows patients aged 65 and older to self-certify their qualification for a registry identification card without a written certification from a health-care provider. This Act authorizes the Department to issue registry identification cards with 1-, 2-, or 3-year expiration dates. It also requires the issuance of a registry identification card with an indefinite expiration date where the qualifying patient has a terminal illness. This Act allows individuals with out-of-state registry identification cards or equivalent certifications who would qualify for a registry identification card in this State to use those cards or certifications for any purpose for which the person would be authorized to use a registry identification card issued under this chapter.]]>
Wed, 20 Mar 2024 15:59:00 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140816 Delaware Senate - Out of Committee Legislation HB 268 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ANNUAL BEHAVIORAL HEALTH WELL CHECKS.

House Bill No. 303, with House Amendment No. 2, from the 151st General Assembly created an annual behavioral health well check and required carriers to provide coverage for this service. In order to ensure providers of behavioral health well checks are fairly compensated, HB 303 required carriers to reimburse through common procedural technology (CPT) codes at the same billing rate. The cited CPT codes (99381-99387, 99391-99397) are used for services akin to a typical annual well visit for a new or established patient. Billing for the annual behavioral health well check under these CPT codes may impact the accuracy of state claims data from the Division of Medicaid and Medical Assistance (DMMA) to the Centers for Medicare and Medicaid Services. This Act amends Title 31 of the Delaware Code to allow DMMA to develop and implement new billing codes for a behavioral health well check. These developed codes must be comparable to the rates under the cited CPT codes. ]]>
Wed, 20 Mar 2024 15:58:57 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140852 Delaware Senate - Out of Committee Legislation HB 288 AN ACT TO AMEND THE DELAWARE CODE AND CHAPTER 168 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE DIVISION OF RESEARCH.

This Act changes the name of the Division of Research to the "Division of Legislative Services" (Division) to more fully reflect the tasks that the Division performs. In addition to legislative research, the Division's tasks include drafting bills, editing the Delaware Code, staffing task forces, printing bills and other materials for the General Assembly, providing constituent and legislator services through the Legislative Information Office, and publishing the Register of Regulations and Administrative Code. This Act also gives the Director of the Division a consistent job title throughout the Code. Section 28 and Section 43 of this Act change "Legislative Council" to the Division to conform the law to current practice. For reports that must be submitted to the Division, this Act makes consistent that those reports must be submitted to the Librarian of the Division, in addition to the Director. Section 62 delays the effect of this Act until November 6, 2024, to coincide with the start of the 153rd General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 20 Mar 2024 15:58:47 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140836 Delaware Senate - Out of Committee Legislation HB 279 w/ HA 1 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BEREAVEMENT LEAVE.

This Act allows school employees up to 5 days of bereavement leave under the same circumstances as permitted for state employees.]]>
Wed, 20 Mar 2024 15:58:38 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140808 Delaware Senate - Out of Committee Legislation HB 263 w/ HA 1 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO MEAL DEBT RESTRICTIONS ON STUDENT PARTICIPATION IN EXTRACURRICULAR ACTIVITIES.

This Act prohibits local education agencies and charter schools from prohibiting a student from participating in a school sponsored extracurricular activity on the basis the student has an outstanding debt for unpaid school meals.]]>
Wed, 20 Mar 2024 15:58:34 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140846 Delaware Senate - Out of Committee Legislation HB 284 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO WORKERS’ COMPENSATION INSURANCE.

This is a clean-up bill that moves certain workers’ compensation-related provisions in Chapter 25 of Title 18 to Chapter 26 of Title 18, the latter of which shall exclusively govern workers’ compensation filings. The bill also makes technical corrections to conform with the Legislative Drafting Manual. ]]>
Wed, 20 Mar 2024 15:58:26 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140845 Delaware Senate - Out of Committee Legislation HB 283 w/ HA 1 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE.

This bill reorganizes provisions within the Insurance Code to centralize licensing and filing fees within one statutory provision (§ 701) and reconciles differences between the licensing and filing fees set forth in § 701 and within the specific licensing statutes. This bill also creates new licensing or registration fees for reciprocal insurers and certified reinsurers to align the costs of processing applications for these insurers with similarly-licensed or accredited insurers and reinsurers.]]>
Wed, 20 Mar 2024 15:58:21 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140848 Delaware House - Out of Committee Legislation SB 205 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.

This Act promotes increased capital investment at Delaware casinos by restructuring the table games licensing fee reduction currently received by lottery agents to allow capital investments greater than the minimum amounts required under § 4815(b)(3)a. of Title 29 of the Delaware Code to count toward the allowable license fee reductions. For ease of administration, this Act also aligns time periods for both table games and video lottery calculations. ]]>
Wed, 20 Mar 2024 15:22:14 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=129979 Delaware House - Out of Committee Legislation HB 70 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEATH PENALTY.

This Act eliminates the death penalty in Delaware. As such, the penalty for a person who is convicted of first-degree murder for an offense that was committed after the person’s 18th birthday is imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.]]>
Wed, 20 Mar 2024 13:38:32 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141071 Delaware House - Out of Committee Legislation HS 1 for HB 255 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE BOILER SAFETY PROGRAM.

This Act makes several updates to the Boiler Safety Program. The Boiler Safety Program can issue certificates of compliance and the Secretary can grant variances. A 6th member is added to the Boiler Safety Council from associated labor unions. It adds an enforcement section for violators who fail to comply with Program requirements. This Act also makes technical corrections to conform with current drafting standards. Finally, the Act allows DNREC to establish fees for the Program that reasonably reflect the cost of the Program and defray its expenses. It therefore requires a 3/5 vote.]]>
Tue, 19 Mar 2024 15:00:57 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140820 Delaware House - Out of Committee Legislation SB 200 w/ SA 1 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROPERTY INSURANCE CONTRACTS.

This bill provides important consumer protections for property insurance contracts by improving the reliability of mailed notifications of policy cancellation or renewal. Section 1 of this bill requires insurers to deliver any homeowners’ notices of cancellation or nonrenewal by USPS certified mail or USPS Intelligent Mail barcode. Further, whereas currently an insurer can cancel or non-renew a policy because of two non-weather-related claims over the lifetime of the policy, this legislation provides a reasonable claims lookback period for non-weather-related claims, as is already the case for claims in other portions of this subsection of the Code. Section 2 of this bill precludes an insurance carrier from refusing to renew a homeowners’ policy based on non-weather claims unless 2 or more claims occur within the 36-month period immediately preceding the expiration of the current policy period.]]>
Tue, 19 Mar 2024 15:00:54 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140998 Delaware House - Out of Committee Legislation HB 329 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

This Act addresses the growing concern over the safety of emergency responders. It increases the penalties for persons who violate this section, which requires drivers to yield the right of way to an emergency vehicle making use of audible or visual signals, or a police vehicle using an audible signal only. The fines are increased and after two penalties, a person who violates this section will be subject to a 90-day suspension of their driver’s license. This change in fines and loss of driving privileges increases the penalty to make this a serious offense. This Act also clarifies that a driver who is unable to safely yield the right of way must slow to at least 20 miles per hour less than the posted speed limit. There have been numerous accidents causing personal injury and even death by inattentive drivers. Hopefully, this will help improve awareness and safety and avoid putting our Police, Fire, Ambulance, Paramedics, Fire Police, DelDOT employees, tow truck operators , utility crews and the distressed citizen broken down on our highways in jeopardy.]]>
Tue, 19 Mar 2024 12:20:49 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140954 Delaware House - Out of Committee Legislation HB 314 AN ACT TO AMEND TITLES 21 AND 24 OF THE DELAWARE CODE RELATING TO DRIVER’S LICENSES.

This Act does all of the following: (1) Allows for all licensed practitioners that are treating a driver for a medical condition to report findings which allows for Nurse Practitioner, Physician Assistant, or Physician to sign Division paperwork and mirrors verbiage found in Title 24; (2) Updates the name of Medical Council to Board of Medical Licensure and Discipline which ensures compliance with code in handling of individual cases; and (3) Changes the Secretary of Health and Social Services to Secretary of Transportation for determining the status of driver’s license for individuals with a potential medical condition which allows for quicker response and ensures the confidentiality of a driver. Lastly it removes a section from the Medical Licensure Act consistent with the other provisions of the bill.]]>
Tue, 19 Mar 2024 12:20:43 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140869 Delaware House - Out of Committee Legislation SB 20 AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 187 OF VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO DONATED LEAVE.

The primary purpose of this Act is to remove the requirement that a public school district employee who donates leave to another employee must donate 2 days of leave for the other employee to receive 1 day of leave. Further, this Act repeals Chapter 187 of Volume 81 of the Laws of Delaware ("this law"). Adopted in 2017, this law was designed to provide full-time employees of the State, including employees of school districts, with the ability to donate leave to other employees for use in connection with the birth or adoption of a child under 6 years of age. This law has never taken effect as the law does not take effect until the Office of Management and Budget ("OMB") receives a letter from the Internal Revenue Service ("IRS") stating that the tax treatment of the expansion of the donated leave program contemplated by this law will receive the same tax treatment as Delaware’s current donated leave program. OMB has not requested this letter from the IRS because, based on OMB's research, OMB does not believe this law would receive the same tax treatment by the IRS and because the General Assembly subsequently enacted Chapter 285 of Volume 81 of the Laws of Delaware, which provides 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger for those continuously employed for at least 1 year as full-time employees of this State, including employees of school districts. Sections 1 and 2 of this Act re-enact portions of Chapter 187 of Volume 81 of the Laws of Delaware that would have also applied to the existing donated leave program for catastrophic illness. Specifically these provisions are intended to do the following: (1) Clarify how much leave employees of a public school district who do not accrue annual leave must use before being eligible for donated leave. (2) Clarify the interaction between donated leave and leave available under the federal Family and Medical Leave Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including transferring existing definitions to a central definition section and transferring provisions that are substantive law out of defined terms. This Act is named in honor of Christopher Chujoy, a special education instructional aide in the Red Clay Consolidated School District. Mr. Chujoy was diagnosed in August 2022 with stage IV cancer. Mr. Chujoy used up all of his available sick time before his passing and his situation raised the issue that is the primary purpose of this Act.]]>
Wed, 13 Mar 2024 17:52:41 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140507 Delaware House - Out of Committee Legislation HB 189 AN ACT TO AMEND TITLE 15 AND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL ELECTIONS.

This Act makes clear that corporations and other artificial entities may not be given a vote in municipal elections. Section 1 of this Act prohibits a municipality from giving corporations and other artificial entities the right to vote within the municipality's charter. Section 2 amends the language that prohibits municipalities from amending charters that permit nonresident persons to vote to take away such rights under the provisions of Title 22, Chapter 8 applies only to the rights of nonresident natural persons, not to corporations or other artificial entities.]]>
Wed, 13 Mar 2024 17:03:56 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140883 Delaware House - Out of Committee Legislation 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.]]>
Wed, 13 Mar 2024 17:03:53 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140802 Delaware House - Out of Committee Legislation HB 275 AN ACT TO AMEND TITLE 6, TITLE 11, TITLE 18, TITLE 19, AND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF SEXUAL ORIENTATION.

This Act updates the definition of "sexual orientation" throughout the Delaware Code by adding asexuality and pansexuality. Asexuality refers to individuals with little to no sexual attraction to other individuals, although asexual individuals may desire emotionally intimate relationships with other individuals. Pansexuality refers to individuals who are attracted sexually or romantically, or both, to another individual regardless of that individual's sex or gender identity. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 13 Mar 2024 17:03:47 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140870 Delaware House - Out of Committee Legislation SB 210 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ENHANCED 911 EMERGENCY REPORTING SYSTEM SERVICE BOARD.

This Act establishes the Chief Information Officer of the Department of Technology and Information or their designee as a member of the Enhanced 911 Emergency Reporting System Service Board by virtue of their position. The Act clarifies the Chief Information Officer, or their designee serve on the board so long as they hold their position and do not require the advice and consent of the Senate.]]>
Wed, 13 Mar 2024 16:09:02 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140866 Delaware House - Out of Committee Legislation HB 333 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARTIFICIAL INTELLIGENCE COMMISSION.

This Act creates the Delaware Artificial Intelligence ("AI") Commission. This Commission shall be tasked with making recommendations to the General Assembly and Department of Technology and Information on AI utilization and safety within the State of Delaware. The Commission shall additionally conduct an inventory of all Generative AI usage within Delaware's executive, legislative, and judicial agencies and identify high risk areas for the implementation of Generative AI. The Commission will terminate 10 years from enactment unless extended by the General Assembly.]]>
Wed, 13 Mar 2024 16:09:00 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140990 Delaware Senate - Out of Committee Legislation SB 233 AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE SERVICE WORKER PROTECTION ACT.

This Act establishes employment protections for certain service employees during changes of ownership by requiring all of the following: 1. Notice to affected service employees at covered locations at least 15 days before a service contract is terminated, services are contracted out, or the property where they are employed is sold or transferred. This notice must state the event triggering the notice, information about the new awardee, purchaser, or transferee, and the service employee’s rights under this Act. 2. The successor employer must retain all affected service employees at a covered location for a 90-day transition period. The successor employer may not reduce any affected service employee's work hours in order to circumvent the protections under this Act and requires that a successor employer give an affected service employee a written offer of employment in English, Spanish, and in any language that is the first language spoken by at least 5% of the affected service employees. 3. Copies of the required notice and offer of employment must also be sent to the employee's collective bargaining representative, if any. This Act applies as follows: 1. To contractors who enter into a service contract for a covered location, if the contractor employs more than 4 service employees anywhere in the United States. 2. To service employees at covered locations. "Service employees" are individuals employed or assigned to a covered location on a full or part-time basis for at least 60 days in connection with the care or maintenance of a building or property, specific services at an airport, or food preparation services at a school that is an agency under § 6902 of Title 29. Service employees do not include managerial or professional employees, employees regularly scheduled to work less than 16 hours per week, or individuals who work on structural, electric, HVAC, or plumbing projects that require a permit. 3. To service contracts at the following locations: • A multi-family residential building with more than 50 units. • A commercial center, commercial or office complex, or office building occupying more than 100,000 square feet. • A cultural center or complex, including museums, convention centers, arenas, or performance halls. • An industrial site. • A pharmaceutical lab. • An airport or train station. • A health care facility that provides long-term, acute, or outpatient health-care services as these services are defined in § 7971 of Title 29. • A warehouse or distribution center. • A building operated by a State agency subject to the procurement requirements under Chapter 69 of Title 29. A successor employer may only retain fewer than all of the affected service employees during the transition period if the successor employer: 1. Finds that fewer service employees are required to perform the work than the predecessor employer had employed. 2. Retains service employees by seniority within each job classification. 3. Maintains a preferential hiring list of those service employees not retained. 4. Hires any additional service employees from the preferential hiring list, in order of seniority, until all affected service employees have been offered employment. A service employee who has been discharged or otherwise not retained in violation of the requirements under this Act may bring an action against a successor employer or an awarding authority and these violations are subject to punitive damages as follows: 1. For a first violation, an amount not exceeding $2,500. 2. For a second or subsequent violation, an amount not exceeding $5,000. 3. Each work week during which there is a day when a violation occurs constitutes a separate violation. 4. A court may also order back pay, compensatory damages, issue injunctive relief requiring that the successor employer comply with requirements under this Act, and award the service employee reasonable attorney fees and costs. This Act takes effect 90 days after enactment and applies to all contracts entered into or renewed after its enactment into law and is known as “The Service Worker Protection Act”.]]>
Wed, 13 Mar 2024 16:07:41 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140987 Delaware House - Out of Committee Legislation HB 326 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO THE DELAWARE HEALTH CARE COMMISSION.

Non-profit hospitals are granted tax-exempt status under the premise that they serve a vital role in promoting the health and well-being of the communities they serve. Community benefit spending is a means by which hospitals fulfill this obligation. Such spending includes activities like providing uncompensated care, supporting medical research, offering health education and prevention programs, subsidizing community clinics, and addressing social determinants of health. This Act requires Delaware’s non-profit hospitals to provide the state and public with an annual report outlining their community benefits spending, bringing Delaware in line with 31 other states, including all of Delaware’s neighboring states, that require reporting. This Act defines “community benefits program,” outlines the minimum contents that must be included in a community benefits activity report, and requires that the report be made available to the public and be submitted by January 31 of each year to multiple state entities. ]]>
Wed, 13 Mar 2024 11:27:33 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140890 Delaware House - Out of Committee Legislation HB 297 AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE CONSTRUCTION AND ACCEPTANCE OF NEW ROADS AND STREETS FOR STATE MAINTENANCE.

Due to the rapidly increasing costs of materials and labor, combined with the frequency in which developers have gone out of business or otherwise been unable to complete work required within developments, this Act increases the funding required to be secured by a developer to ensure the developer fulfills the developer's obligations to construct and complete improvements within a subdivision. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Tue, 12 Mar 2024 17:00:45 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140702 Delaware House - Out of Committee Legislation HB 247 AN ACT TO AMEND TITLES 9 AND 17 OF THE DELAWARE CODE RELATING TO TRAFFIC SAFETY.

There were 139 traffic fatalities in Delaware in 2021, the highest number of traffic fatalities since 2006. Senate Concurrent Resolution 94 of the 151st Delaware General Assembly set a goal of no more than 100 traffic fatalities per year and tasked state agencies to meet that goal by 2025. Instead of moving towards meeting the General Assembly’s goal, however, traffic fatalities increased to 165 in 2022, deepening the crisis on Delaware’s roads. To reverse this situation, the “Everyone Gets Home Act” makes changes to the Delaware Code to sharpen the Department of Transportation’s focus on the three most common types of fatal crashes: intersection (including driveway); roadway departure; and mid-block pedestrian. This Act clarifies the Department’s authority to designate controlled-access facilities as a safety countermeasure for both intersection and midblock pedestrian crashes and, when the facility designation has received the consent of county government, requires counties to use their own authority to assist the Department in consolidating vehicle entrances and exits to and from the facility. In addition, this Act authorizes the Department to designate roadways as low-speed streets and low-speed local roads in order to address fatal roadway departure crashes related to vehicle speed, and permits counties to request such designations to meet their own traffic safety goals. Finally, this Act expands the Department’s discretion to deploy new traffic-control devices in order to reduce fatal crashes.]]>
Tue, 12 Mar 2024 17:00:43 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140939 Delaware House - Out of Committee Legislation HB 302 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROSTATE CANCER SCREENING.

This Act requires all group, blanket, and individual health insurance policies to cover prostate screening for men at high risk for prostate cancer who are over the age of 40. Men at high risk for prostate cancer means African American men or those with a family history of prostate cancer.]]>
Tue, 12 Mar 2024 14:55:28 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=141003 Delaware House - Out of Committee Legislation HS 1 for HB 272 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO VETERANS' BENEFITS AND TRADE PRACTICES.

This act regulates persons who receive 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.]]>
Tue, 12 Mar 2024 14:55:16 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140863 Delaware House - Out of Committee Legislation SB 208 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MEDICAL NEGLIGENCE INSURANCE AND LITIGATION.

This bill amends Chapter 68 of Title 18, related to medical negligence insurance and litigation, to repeal those provisions of the law that are expired or that are no longer used as a matter of practice in medical negligence litigation.]]>
Tue, 12 Mar 2024 14:55:11 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140799 Delaware House - Out of Committee Legislation SB 197 w/ SA 1 AN ACT TO AMEND CHAPTER 256, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 29 OF THE DELAWARE CODE RELATING TO NATIVE PLANTS.

This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter 69 of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas. Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies. This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes: 1. Land purchased and managed as an historic property. 2. An appropriate habitat for zoo animals. 3. Agriculture. 4. Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road. 5. Botanical gardens. 6. Ecological research. 7. Flowering annuals within landscape beds. 8. With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture: wildlife plantings, land where a native species cannot thrive, and when necessary for trees. This Act also makes the Delaware Native Species Commission permanent.]]>
Tue, 12 Mar 2024 11:47:27 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140906 Delaware House - Out of Committee Legislation HB 14 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TROTLINE LICENSES.

This Act creates a new license for the use of trotlines in commercial crabbing. This Act prohibits a person from possessing a commercial crab pot license and trotline license at the same time. This Act requires a 3/5 vote by each chamber because it creates a license fee pursuant to Section 11(a) of Article VIII of the Delaware Constitution.]]>
Tue, 12 Mar 2024 11:47:24 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140656 Delaware House - Out of Committee Legislation SB 188 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INTERSTATE TEACHER MOBILITY COMPACT.

This Act enacts the Interstate Teacher Mobility Compact (ITMC). The Council of State Governments partnered with the Department of Defense and the National Association of State Directors of Teacher Education and Certification (NASDTEC) to support the mobility of licensed teachers through the development of this new interstate compact. The ITMC will create reciprocity among participant states and reduce barriers to license portability and employment. The Interstate Teacher Mobility Compact (ITMC) is an interstate occupational licensure compact. Interstate compacts are constitutionally authorized, legislatively enacted, legally binding agreements among states. The ITMC will allow teachers to use an eligible license held in a compact member state to be granted an equivalent license in another compact member state, lowering barriers to teacher mobility and getting teachers back into the classroom more seamlessly. The ITMC utilizes a different model than other interstate occupational licensure compacts. Compact member states submit licenses that are eligible for the compact and meet a set of criteria outlined in the legislation. To be eligible, a license must require a bachelor’s degree and completion of a state-approved program for teacher licensure like a teacher preparation program at a college or university. Furthermore, for a license to be eligible under the ITMC, the license must be unencumbered, which means it is not restricted, probationary, provisional, substitute, or temporary. Teachers holding a compact-eligible license can apply for licensure in another member state and receive the closest equivalent license without submitting additional materials, taking state-specific exams or completing additional coursework. Special carveouts were created for some populations in the ITMC to support equitable access. Due to the mobility patterns of military spouses, the barriers to receiving a license that would be considered unencumbered under the compact are much higher. Teachers meeting the definition of an eligible military spouse will be able to use a temporary or provisional license for the purposes of the ITMC. Career and Technical Education Teaching Licenses often do not require a bachelor’s degree as a requirement for licensure, so the compact allows these licenses to be considered eligible without that requirement. The ITMC will not close any existing pathways to teacher licensure or teacher mobility. The ITMC aims to provide additional tools to state licensing authorities to more efficiently license out of state teachers and get them into the classroom. State licensing authorities will also appoint their state’s representatives to the Interstate Teacher Mobility Compact Commission, which serves as the administrative body of the ITMC. In addition to the NASDTEC, the following organizations contributed to the development process for the ITMC: • National Association of Elementary School Principals. • American Association of Colleges for Teacher Education. • National Education Association. • Council of Chief State School Officers. • Education Commission of the States. • Southern Regional Education Board. • American Association of School Administrators. • National Conference of State Legislatures. • National Association of State Boards of Education. • National Governors Association. • National Council on Teacher Quality. • National School Boards Association. The ITMC must be enacted in 10 states to become effective. The ITMC has been enacted in 8 states and legislation to enact it is pending in 13 states.]]>
Wed, 06 Mar 2024 18:52:18 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140806 Delaware House - Out of Committee Legislation HB 264 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PATRONIZING A PROSTITUTE.

This Act makes the crime of “patronizing a prostitute” a class E felony rather than a misdemeanor where the person from whom prostitution is sought is a minor.]]>
Wed, 06 Mar 2024 12:37:21 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140813 Delaware House - Out of Committee Legislation SB 199 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO LARGE HEALTH CARE FACILITIES.

This Act further clarifies the application of the provisions of this chapter.]]>
Tue, 05 Mar 2024 17:09:07 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140978 Delaware House - Out of Committee Legislation HS 1 for 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 is a Substitute bill that in addition to defining “dealer processing fees” and setting a statutory cap of $475 on the dealer processing fee also clarifies that the fee does not include any fees payable to the Division of Motor Vehicles. This Substitute bill also adds the requirement that the dealer conspicuously disclose all required items in the bill of sale, in 10-point font or larger, if typed. This Act also makes technical corrections to conform existing law to the Delaware Legislative Drafting Manual.]]>
Tue, 05 Mar 2024 17:09:00 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140924 Delaware House - Out of Committee Legislation HS 1 for 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, which may be cited 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 to 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 enabling students to understand the impact of life experiences on personal money management decisions and habits. (2) Enabling students to understand 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 established under Chapter 38 of Title 19. (4) Enabling students to understand personal budgeting. (5) Enabling students to understand and manage 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) Enabling students to understand financial institutions, including banking services, brokerage services, account fees, and the difference between fiduciary and non-fiduciary advisors. (7) Enabling students to understand personal and payroll-related taxes and their impact on disposable income. (8) Enabling students to understand career options, including college vs. trade or technical school and entrepreneurship vs. employment. (9) Enabling students to understand philanthropy. (10) Insurance options.]]>
Thu, 29 Feb 2024 12:01:20 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140653 Delaware House - Out of Committee Legislation SB 187 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

This Act ensures that educators hired after the effective date of this Act, who earned graduate degrees prior to becoming educators, receive credit on the salary schedule for those degrees regardless of the specific subject area of those degrees. Once an individual is employed as an educator, in order to receive credit for any graduate degrees earned after that time, such degree must be in the subject area in which the educator is employed.]]>
Wed, 24 Jan 2024 17:09:45 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140798 Delaware House - Out of Committee Legislation HB 265 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CIVIL LIABILITY AND CIVIL PENALTY FOR PUBLISHING OR DISTRUBITON OF MATERIAL HARMFUL TO MINORS ON THE INTERNET.

This act requires a commercial entity that knowingly or intentionally provides pornography and other materials defined as harmful to minors to verify the age of individuals accessing the material. Civil liability and a civil penalty are imposed on commercial entities that fail to comply with verification requirements. Additionally, an internet provider or user of an interactive computer service on the internet is not subject to liability. This act is modeled after similar laws in Virginia, Utah, and Louisiana.]]>
Tue, 23 Jan 2024 13:50:29 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140834 Delaware House - Out of Committee Legislation HB 277 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPEED EXHIBITIONS.

This Act designates the Court of Common Pleas as the court with original jurisdiction of offenses under section 4172 of Title 21.]]>
Tue, 23 Jan 2024 11:25:07 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140726 Delaware Senate - Out of Committee Legislation SB 194 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRACTICE OF PHARMACY.

This Act allows pharmacists, under protocol approved by the Division of Public Health, to provide HIV pre-exposure and post-exposure prophylaxis treatments.]]>
Wed, 17 Jan 2024 16:07:59 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140823 Delaware House - Out of Committee Legislation HS 1 for HB 168 AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO LODGING TAX.

Substitute 1 to HB 168 applies the lodging tax to short-term rentals and requires an accommodations intermediary to obtain an occupational license and pay an annual licensing fee of $25.00. This bill defines an accommodations intermediary as a person or business that facilitates or arranges the renting of rooms or dwelling units to an occupant on a website or through other means, including the renting of properties subject to a timeshare plan. Under this Act, accommodations intermediaries must collect and remit taxes and data as required by the Division of Revenue. This Act further authorizes New Castle and Sussex Counties to impose a lodging tax of no more than 3 percent on short-term rentals. This bill is primarily different from the original in that it uses different terms and definitions to identify the individuals responsible for collecting short-term rental taxes.]]>
Thu, 04 Jan 2024 09:32:03 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=140720 Delaware Senate - Passed Legislation HA 1 to HB 119 This amendment clarifies that only the operator of a motor vehicle may be found in violation of the open container law. Passengers are not liable for violations under this section.]]> Tue, 27 Jun 2023 20:04:55 -0400 152 https://legis.delaware.gov/BillDetail?legislationId=140529 Delaware Senate - Out of Committee Legislation HB 192 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PROFICIENCY ON STUDENT ASSESSMENTS.

This Act requires that the superintendent, school leader, or equivalent chief school officer who oversees a school or a charter school where students have single-digit proficiency in English language arts or mathematics, or both, collaborate with the Department of Education and school building-level administration to create a short-term plan to raise performance so that the school no longer has single-digit proficiency. This Act also requires the creation of a long-term plan for how to further improve student performance on State assessments and increase the school’s overall student body achievement proficiency level. This Act does not apply to a school with a plan for comprehensive support and improvement (CSI) or targeted support and improvement (TSI) under 20 U.S.C. § 6311, a school participating in a locally established entity that requires the creation of a plan to improve school performance, or a school required to a create a plan to improve school performance under any other State or federal law. Single-digit proficiency is based on the most recent State assessment data reported under § 124A of Title 14. Under this Act, a superintendent, school leader, or equivalent chief school officer must present the short-term plan and the long-term plan at a school board meeting for approval by the school board. Additionally, the superintendent, school leader, or equivalent chief school officer must provide annual updates, including any proposed changes to the plans as well as information about implementation of the plans. Any changes to the plans must be approved by the school board. The plans must be displayed on the school’s website or webpage and the Department’s website. The short-term plan and the long-term plan must be presented at a school board meeting and displayed on the school’s website or webpage by May 1. The superintendent may stop providing updates about the plans once certain State assessment performance conditions are met. If a school subsequently ceases to meet performance conditions, then the plan must be revised to incorporate strategies to improve performance. This Act also requires the Department to submit an annual report that contains information on schools with single-digit proficiency and schools with an overall student body achievement proficiency level of less than 20% but greater than single-digit proficiency in English language arts or mathematics, including data from prior years. This Act is effective immediately and shall be implemented the first August 1 after enactment of this Act. ]]>
Tue, 27 Jun 2023 14:09:54 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140574 Delaware House - Out of Committee Legislation HB 223 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO CONTINUING EDUCATION FOR NURSING PROFESSIONALS.

This Act amends the continuing education requirements for nursing professionals, mandating that all nursing professionals receive at least one hour of continuing education in each reporting period on the recognition of sexual or physical abuse, exploitation, or domestic violence of vulnerable populations, or on the reporting obligations under the rules and regulations of the Board of Nursing. The Act removes the requirement for nursing professionals who work in adult gerontology to complete continuing education on the topic of diagnosis, treatment, and care of patients with Alzheimer's disease or other dementias.]]>
Fri, 23 Jun 2023 09:07:35 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140644 Delaware Senate - Out of Committee Legislation SB 180 AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of an amendment to the Delaware Constitution that does all of the following: (1) Under Section 1 of this Act, limits the disenfranchisement of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first. (2) Brings Section 1 of this Act into conformity with the United States Constitution and federal law. Section 1 of this Act specifically does all of the following: (1) Removes the ability of the General Assembly to impose the forfeiture of the right of suffrage as a punishment for a crime. (2) Removes the list of felonies resulting in permanent disenfranchisement. (3) Prohibits making the re-enfranchisement of an individual who is convicted of a felony contingent on the payment of a monetary payment of any kind. (4) Makes a conforming change based on proposed changes in Section 2 of this Act. (5) Updates the age at which a resident of this State is granted a right to vote to be 18 years or older, to conform the Delaware Constitution to the 26th Amendment to the United States Constitution. (6) Removes the durational residency requirements necessary to qualify to vote in this State. Durational residency requirements have been found unconstitutional because these requirements infringe on both the constitutional right to vote and the constitutional right to travel. See Dunn v. Blumstein, 92 S. Ct. 995 (1972) (finding 1-year residency requirement in a state and 3-month residency requirement in a county unconstitutional) and Marston v. Lewis, 93 S. Ct. 1211 (1973). A voter will still be required to be a resident at the time the voter registers. (7) Removes the literacy test requirement to qualify to vote in this State. Literacy tests have been used to disqualify Blacks and individuals who are immigrants or poor. Because of the discriminatory use of, and often subjective nature of, literacy tests, literacy tests are prohibited under federal law, see 52 U.S.C. § 10501, and likely unconstitutional under the 14th or 15th Amendment to the United States Constitution, see Oregon v. Mitchell, 91 S. Ct. 260 (1970). (8) Makes a technical correction to remove an unnecessary comma. Section 2 of this Act removes disenfranchisement as a punishment for violation of certain election offenses. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]>
Wed, 21 Jun 2023 15:39:08 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140655 Delaware House - Out of Committee Legislation HB 241 AN ACT TO AMEND TITLES 25 AND 31 OF THE DELAWARE CODE RELATING TO HOUSING AGREEMENT ADVISORS.

This Act makes clear that buyers and renters of residential real property have the right to be accompanied by advisors during all phases of the property transfer process, and requires sellers and landlords to provide written notice of this right to prospective buyers and tenants. This Act also provides for a civil penalty for landlords and their agents who fail to comply with this requirement. ]]>
Tue, 20 Jun 2023 19:54:11 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130236 Delaware House - Out of Committee Legislation SB 99 AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES.

This Act prohibits municipal ordinances that require the eviction of tenants for criminal activity by a tenant, member of the tenant's household, or a guest. This Act does not change a landlord's ability to exercise discretion and evict a tenant for criminal activity or other material lease violations under § 5513 of Title 25 and is consistent with, and avoids conflicts with, the protections for victims of domestic abuse, sexual offenses, or stalking under § 5316 of Title 25. This Act is a recommendation of the African American Task Force, established under Senate Bill No. 260 (150th General Assembly). In addition, the 2020 Statewide Analysis of Impediments to Fair Housing Choice, a report produced by the Delaware State Fair Housing Consortium, lists the removal of crime-free housing ordinances and legislation banning such ordinances as one of its goals for ensuring that people within the protected classes have equal access to housing. Currently, at least 6 municipalities in Delaware have crime-free housing ordinances. Generally, these ordinances require landlords to include an addendum on their lease agreements prohibiting a tenant, member of the tenant’s household, or a guest from committing a criminal activity within a specified distance of their unit. If a tenant, member of the tenant’s household, or a guest commits a certain number of criminal activities within a specified time period, the landlord must initiate eviction proceedings. If a landlord does not file to evict the tenant, the landlord may lose their rental license. Crime-free housing ordinances are problematic for the following reasons: 1. The definition of criminal activity is generally vague and open to interpretation, and may include low-level offenses such as trespassing, loitering, and disorderly conduct. 2. The standard for what is considered criminal activity does not require an arrest or conviction, and instead, can consist of merely an allegation or contact with the police. 3. These ordinances penalize victims of crime for seeking help from the police. 4. These ordinances can result in evictions of tenants based upon racially motivated complaints by neighbors. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.]]>
Thu, 15 Jun 2023 15:40:44 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140581 Delaware Senate - Out of Committee Legislation SB 173 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ARREST WITHOUT WARRANT FOR CERTAIN MOTOR VEHICLE VIOLATIONS.

The General Assembly previously restricted municipal, town, and city police departments from operating speed enforcement equipment outside of its corporate limits. This Act completely restricts the ability of municipal, town, and city police departments to make arrests for speeding that occurs outside of the municipality, town, or city’s corporate limits. This Act also defines “corporate limits” for the purposes of 21 Del. C. § 701. This Act requires a greater-than-majority vote for passage because Article IX, § 1 of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to enact or amend general incorporation laws and special acts of incorporation, including municipal charters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ]]>
Wed, 14 Jun 2023 16:01:33 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140565 Delaware Senate - Out of Committee Legislation SB 171 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DELAWARE STATE HOUSING AUTHORITY.

This bill repeals the requirement that the Housing Director provide notice of the allocation of Low-Income Housing Tax Credits and Housing Development Funds to the state senator, the state representative, and the chief executive officer of the local jurisdiction in which the project receiving the allocation is located. These notification requirements are duplicative of federal requirements to notify a jurisdiction’s chief executive officer of an allocation of Low-Income Housing Tax Credits. Additionally, such notification requirements are considered to be impediments to fair housing choice. The 2011 and 2020 Analysis of Impediments to Fair Housing Choice reports, identified the notification requirements as impediments to fair housing. The reports were jointly prepared by Delaware State Housing Authority and local governments that receive HUD funding in fulfillment of their obligation to conduct fair housing planning. Furthermore, the National Council of State Housing Agencies (NCSHA), a nonpartisan organization that represents state housing finance agencies, discourages the use of notification requirements in their 2017 Recommended Practices in Housing Credit Administration report. ]]>
Wed, 14 Jun 2023 16:01:24 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140496 Delaware House - Out of Committee Legislation HB 220 AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROTECTING DELAWARE’S NATURAL RESOURCES.

This is the first leg of an amendment to the Delaware Constitution to conserve, protect and maintain Delaware's natural resources, including its water, air, soil, flora, fauna, ecosystems and climate. This Amendment would create an inherent and inalienable right for all Delawareans to a clean and healthy environment. The Amendment would also declare the State, including all of its branches, agencies, and political subdivisions, as trustee of the State's natural resources. By enacting this amendment Delaware would join other States which have or are seeking similar provisions, in their respective Constitutions, creating the same inherent and inalienable rights for their citizens.]]>
Wed, 14 Jun 2023 13:44:06 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140542 Delaware House - Out of Committee Legislation HB 210 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SALE UNDER EXECUTION.

This bill provides that public sales of real estate may occur via an online auction process.]]>
Wed, 14 Jun 2023 13:43:44 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140404 Delaware House - Out of Committee Legislation HB 165 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DISCOVERY IN CRIMINAL CASES.

This bill codifies the prosecution’s obligation under Brady v. Maryland, a United State Supreme Court case, which requires the prosecution to provide evidence favorable to an accused. The purpose of this bill is to ensure the fairness and finality of criminal trials and guilty plea by requiring that the accused in every criminal case promptly receives all information and evidence favorable that is material to guilt or to punishment. The bill sets for what the prosecution must mandatorily disclose to the defense, which includes information relating to the credibility of a police officer and impeachment evidence of government witnesses such as favorable treatment of the witness’s criminal charges. The bill sets forth the process and timing of such disclosure and requires the prosecutor on the case to file a certificate of compliance with the Court. The bill provides a process by which the State can seek a protective order relating to the disclosure of information it must disclosure if the State can show that disclosure would create a substantial risk of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or embarrassment.]]>
Wed, 14 Jun 2023 13:42:40 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130369 Delaware House - Out of Committee Legislation HB 152 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MEMBERSHIP OF THE STATE EMPLOYEE BENEFITS COMMITTEE.

This Act revises the membership of the State Employee Benefits Committee by removing the Delaware retiree appointed by the Governor and adding 2 members who are eligible to receive health care insurance under Chapter 52 of Title 29 under a pension or retirement plan. The President Pro Tem of the Senate and the Speaker of the House of Representatives each appoint 1 of these members. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Tue, 13 Jun 2023 19:32:54 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140381 Delaware Senate - Out of Committee Legislation HB 153 AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CAMPAIGN CONTRIBUTIONS AND EXPEDITURES.

This bill permits political committees to make donations to any religious, charitable, educations or scientific organization exempt from Delaware income tax under Delaware tax laws or to any volunteer fire company.]]>
Wed, 07 Jun 2023 17:46:14 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130311 Delaware Senate - Out of Committee Legislation HS 1 for HB 66 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE PUBLIC EDUCATION PROFILES.

House Bill No. 66 adds required information to annual reports issued by the Department of Education (Department), currently known as School Performance Data Reports, and which are available on the Department’s website as the Delaware Report Card. Like House Bill No. 66, House Substitute No. 1 for House Bill No. 66 adds the following requirements: 1. That there is a link to these reports on both the home page of the Department’s website and the school choice website. 2. That these reports include a list of career pathways offered at a high school and must continue to include proficiency rates. House Substitute No. 1 for House Bill No. 66 reflects that the Department provides more education-related data than the annual reports required under existing law and that the Department has already made changes to their website in response to House Bill No. 66. The changes the Department has made makes education-related data more user friendly for the public, including links to the reports from more webpages and instructional videos to help people use the data. Specifically, House Substitute No. 1 for House Bill No. 66 differs from House Bill No. 66 as follows: 1. Does not require 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. This requirement is being removed because changes have been made to make these comparisons more accessible and because of the cost required to generate the side-by-side comparisons. 2. Changes the term “Education Profile” to “education-related data” to reflect the broad range of data that the Department publishes, in addition to the annual reports required under existing State and federal law. 3. Does not delay implementation of the new requirements. 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.]]>
Wed, 07 Jun 2023 17:00:49 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140475 Delaware Senate - Out of Committee Legislation SB 151 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MANDATORY DISCLOSURE OF INFORMATION IN LONG-TERM CARE FACILITIES OFFERING DEMENTIA CARE SERVICES.

This Act requires that all long-term care facilities that advertise, market, or otherwise promote that the facility provides dementia care services must complete a written notice on a form prepared by the Department of Health and Social Services. The Act identifies the required content that must be included in the written notice, establishes required dissemination procedures of the written notice for long-term care facilities, and authorizes DHSS to promulgate rules and regulations to carry out these provisions. Violations of this Act are Consumer Fraud violations. ]]>
Wed, 07 Jun 2023 17:00:32 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=140435 Delaware House - Out of Committee Legislation HB 175 AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide.]]>
Wed, 07 Jun 2023 13:22:05 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130362 Delaware House - Out of Committee Legislation HB 147 AN ACT TO AMEND TITLE 12, TITLE 25, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

This Act provides a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (TOD) deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed. This Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 17 states, the District of Columbia, and the U.S. Virgin Islands, and a substantially similar law has been enacted in 11 states. The Uniform Real Property Transfer on Death Act has been introduced in 5 states this year.]]>
Wed, 17 May 2023 17:04:46 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130232 Delaware House - Out of Committee Legislation HB 128 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This Act creates the following new tax brackets for taxable years after December 31, 2023.]]>
Wed, 17 May 2023 13:38:48 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130070 Delaware House - Out of Committee Legislation SB 3 AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

This Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and authorizes the General Assembly to enact general laws providing the circumstances, rules, and procedures for absentee voting in this State. This Act is in response to the Supreme Court’s decision in Albence v. Higgins, 2022 Del. LEXIS 377 (Del. 2022). This Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This oath or affirmation is in lieu of the oath or affirmation required under Section 3 of Article V of the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.]]>
Wed, 17 May 2023 13:27:00 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130281 Delaware House - Out of Committee Legislation HB 140 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO END OF LIFE OPTIONS.

This Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act uses terms and definitions that are consistent with other Delaware laws in Title 16, specifically Chapter 25 (regarding advance health-care directives) and Chapter 25A (regarding Delaware Medical Orders for Scope of Treatment). This Act provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. A mental illness or mental health condition is not a qualifying condition under this Act and a mental illness or mental health condition may be the reason that an individual does not have decision-making capacity and is thus, ineligible for medication to end their life in a humane and dignified manner. 3. Both the individual's attending physician or attending APRN and a consulting physician or consulting APRN must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician or attending APRN must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, palliative care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians or APRNs are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician or attending APRN must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician or attending APRN may prescribe the medication to end life. 9. The attending physician or attending APRN must provide the qualified patient with instructions about the proper safe-keeping and disposal of unused medication to end life in a humane and dignified manner under applicable state or federal guidelines. The United States Food and Drug Administration guidelines include using a medication collection site or a medication disposal pouch, that deactivates and renders drugs ineffective. 10. An insurer or health-care provider may not deny or alter health-care benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 11. A health-care institution may prohibit a physician or APRN from prescribing medication under this Act on the health-care institution's premises and a physician or APRN may to refuse to prescribe medication under this Act. 12. A request or prescription for or the dispensing of medication under this Act does not constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia. 13. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 14. The Department of Health and Social Services (DHSS) must develop rules and regulations to collect information regarding compliance with this Act and require health-care providers to file a report when medication to end life in a humane and dignified manner is prescribed or dispensed. DHSS may review samples of records maintained under this Act. The information DHSS collects must include the information necessary to assess a physician's or APRN's compliance with their responsibilities under this Act and DHSS has explicit authority to share information with the Division of Professional Regulation if DHSS suspects that a health-care provider failed to comply with the requirements under this Act. 15. DHSS must complete an annual statistical report of information collected under this Act, similar to public reports available in other states such as New Jersey where this end of life option is available. This report has the following purposes: • To assist the DHSS in its oversight responsibilities for this Act. • To assist the public in learning how well this new law is operating. 16. The Department of State may also promulgate regulations or develop forms and protocols necessary under this Act. 17. Allows the Office of Controlled Substances to provide reports of data in the prescription monitoring program to DHSS to assess compliance with this Act. This Act takes effect when final regulations required under this Act have been promulgated or July 1, 2024, whichever occurs earlier. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.]]>
Tue, 16 May 2023 16:45:55 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130298 Delaware Senate - Out of Committee Legislation SB 104 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.

This Act creates a separate offense for theft of a catalytic converter. A first offense of catalytic converter theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of theft of a catalytic converter within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of theft of a catalytic converter is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of theft of a catalytic converter within the previous 5 years is a class F felony, regardless of the value of the stolen property. ]]>
Wed, 10 May 2023 16:09:41 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130291 Delaware House - Out of Committee Legislation HB 8 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CLEAN CONSTRUCTION PREFERENCES FOR PUBLIC WORKS.

This Act directs state agencies to collaborate on the development and implementation of “clean construction preferences” that will allow for the incorporation and consideration of sustainability and carbon impact data in the award of public works contracts.]]>
Wed, 10 May 2023 14:57:58 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130254 Delaware Senate - Out of Committee Legislation SB 100 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESIGNATION OF VIOLENT FELONIES.

This Act adds Drug Dealing or Possession - Tier 3 to the list of violent felonies under section 4201(c) of Title 11 in recognition of the association of higher drug volumes and gun violence. Nothing in this act is intended to affect the violent felony status of pre-2019 Title 16 convictions, which are explicitly preserved in 11 Del. C. 4201(c). ]]>
Wed, 03 May 2023 17:06:00 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130279 Delaware Senate - Out of Committee Legislation SS 2 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 and Senate Substitute No. 1 for Senate Bill No. 42. Like Senate Bill No. 42 and Senate Substitute No. 1 for 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. (4) Section 3 of this Act 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 Substitute No. 1 for Senate Bill No. 42 as follows: (1) This Act increases to $10,000 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. This is consistent with Senate Bill No. 42. (2) Consistent with a legal interpretation 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. However, this Act makes changes to existing law to make this legal interpretation clear.]]>
Tue, 02 May 2023 19:00:37 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130098 Delaware Senate - Out of Committee Legislation HB 89 AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE AND CHAPTER 118 OF VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO PERSONAL INCOME TAXES.

Section 1 of this Act increases the standard deduction for personal income tax purposes of resident individuals and spouses of this State for tax years beginning after December 31, 2023. Section 3 of this Act increases the monetary filing thresholds resulting from the increases the standard deduction under Section 1. Sections 2 and 4 of this Act increase the refundable earned income tax credit to 7.5% of the corresponding federal earned income tax credit for tax years beginning on or after January 1, 2023, and clarify that a previously enacted refundable earned income tax credit of 4.5% of the corresponding federal earned income tax credit took effect for tax years beginning on or after January 1, 2021. ]]>
Tue, 02 May 2023 14:18:15 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130231 Delaware House - Out of Committee Legislation HB 127 AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO COUNTY FIRE PROTECTION FEES.

This Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 26 Apr 2023 16:30:02 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130170 Delaware House - Out of Committee Legislation HB 112 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILES.

In 2022, the General Assembly passed HB 115, which prohibits the criminal prosecution of children under the age of 12, and limits delinquency proceedings for children under 12 to a small set of very serious crimes. This Act clarifies that children under 12 may not be arrested or placed in a detention facility pending adjudication, except where the alleged crime is one of the enumerated exceptions.]]>
Wed, 26 Apr 2023 13:58:15 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130113 Delaware House - Out of Committee Legislation HR 10 RELATING TO THE PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES OF THE 152ND GENERAL ASSEMBLY.

This resolution creates the Permanent Rules of the House of Representatives. It is different from the Temporary Rules (House Resolution No. 3) in that it adds Rule 49 governing remote participation, restores Rule 12(b) with modification, and removes rules relating to emergency operations.]]>
Wed, 05 Apr 2023 13:50:55 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=130010 Delaware Senate - Out of Committee Legislation SB 45 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout. This Act mandates that the 2-week disqualification period does not apply if either: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.]]>
Wed, 29 Mar 2023 16:08:23 -0400 152
https://legis.delaware.gov/BillDetail?legislationId=129911 Delaware House - Out of Committee Legislation HB 41 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DIGITAL RIGHT TO REPAIR ACT.

This bill creates the Delaware Digital Right to Repair Act. Currently when an electronic product such as a phone or electronic game breaks, it is only allowed to be repaired by the manufacturer. Parts are not available whether you are a consumer or a local repair shop. This act requires the manufacturer to make parts, documentation, tools, and updates available on fair and reasonable terms.]]>
Tue, 07 Mar 2023 15:11:08 -0500 152
https://legis.delaware.gov/BillDetail?legislationId=129927 Delaware House - Out of Committee Legislation HB 50 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.

This Act creates a separate offense for the theft of mail, including packages, from a residential dwelling. A first offense of mail theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of mail theft, within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of mail theft is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of mail theft within the previous 5 years is a class F felony, regardless of the value of the property stolen. Where the value of the property is more than $50,000 but less than $100,000, mail theft is a class D felony. Where the value of the property is $100,000 or more, mail theft is a class B felony. Upon conviction, monetary restitution is required and a sentencing judge shall consider the imposition of community service.]]>
Wed, 18 Jan 2023 15:12:38 -0500 152