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Delaware Legislation


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152nd General Assembly 


House Bills

Number: HB 1
DHA Position: Oppose
Status: Became law on 4/24/2023 without the signature of the Governor 
 

An Act to amend Title 16 of the Delaware Code relating to Marijuana.  This Act removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. It further specifies that the adult sharing of a personal use quantity or less of marijuana is legal activity for those 21 years of age or older and that those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty. When transporting in a vehicle, those items must be in a closed container or otherwise not readily accessible to anyone inside the vehicle. The statute also specifies certain activities which remain unlawful. Finally, the definition of "personal use quantity" of marijuana is updated to include not only 1 ounce or less of leaf marijuana, but also equivalent amounts of marijuana product in other forms.
 

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Number: HB 2
DHA Position: Oppose
Status: Became law on 4/27/2023 without the signature of the Governor 

An Act to amend Titles 4, 11, 16 and 30 of the Delaware Code relating to Creation of the Delaware Marijuana Control Act.  The Delaware Marijuana Control Act regulates and taxes marijuana for recreational use in much the same manner as alcohol. It creates a framework for production, manufacture, and sale in a legal recreational marijuana industry…..HA 1:  1) Removes language relating to alcoholic liquor testing. (2) Corrects a typographical error. (3) Reinserts language relating to terms and conditions of employment with respect to marijuana that was present in previous versions of this bill. (4) Makes technical corrections relating to canopy grow area and licensing. (5) Gives the Division of Revenue power to set the form and manner of marijuana tax payments and the manner the tax appears on a consumer’s receipt at the time of sale. (6) Extends the privacy protections given to other tax returns and reports to the marijuana tax. (7) Replaces the Department of Justice with the Criminal Justice Council as the administrator of the Justice Reinvestment Fund. (8) Adds cross-references to Chapter 30 relating to the hierarchy of rules for tax administration, procedures and enforcement. (9) Adds a quarterly report from the Commissioner to the General Assembly regarding progress towards timely implementation of the Act.
HA 2 makes technical corrections and clarifications requested by the Office of the Governor.  

 

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Number: HB 3
DHA Position: None
Status: Assigned to Education Committee in Senate

An Act to amend Title 14 relating to School Attendance. According to a recent CDC survey, the COVID pandemic exacerbated an existing mental health crisis for students. One in 5 school aged children has a mental health condition, and 45% of children may have experienced a traumatic event. This bill provides for excused absences for the mental or behavior health of a student and requires that any student taking more than 2 such excused absences will be referred to a behavioral health specialist. This bill provides a supplemental tool to identify students struggling with mental and behavioral health issues and legitimizes these struggles faced by many students. Moreover, this bill makes clear that the mental and behavioral health of students is a priority in this State.
 

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Number: HB 4
DHA Position: None
Status: Assigned to Education Committee in Senate

An Act to amend Title 14 of the Delaware Code relating to Mental Health Services for School Trauma. This Act is Nolan’s Law. The purpose of this legislation is to provide more behavioral health supports to school districts and charter schools in the aftermath of a school-connected traumatic event, which is defined as the death of any student, educator, administrator, or other building employee of a public school. The Department of Education is charged with developing guidance, best practices, and written resources for schools dealing with a school-connected traumatic event. The Department must consult with behavioral health specialists and school-based mental health professional organizations such as NAMI, Delaware, Delaware Association of School Psychologists, Delaware School Counselors Association, and the School Social Workers Association of Delaware. The Department must finalize these items by January 1, 2024. This legislation also requires the Department to cover the costs of grief counseling offered to students for up to thirty days after a school-connected traumatic event. In an effort to create a more standardized approach for the occurrence of a school-connected traumatic event, this bill charges each school district and charter school to establish a detailed crisis response policy that must meet a minimum number of required policies and procedures. Policies must be adopted by the school district or charter and distributed to the Department of Education by September 1, 2024.  HA 2 expands the definition of "school-connected traumatic event" to include any "other traumatic event that affects a significant portion of the students in the school. It also specifies that the Department of Education is responsible only for grief counseling provided at the school and extends the period during which the Department must cover the cost of grief counseling to 45 days, with an option to renew for an additional 45 days. Finally, it requires that the Department provide a report each year to the JFC chairs and Education Committee chairs detailing the costs of grief counseling provided pursuant to this section.

 

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Number: HB 5
DHA Position: None
Status: Introduced and Assigned to Education Committee in House

An Act to amend Title 31 of the Delaware Code relating to Reimbursement of School-Based Behavioral Health Services. The State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports.
 

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Number: HB 6
DHA Position: None
Status: Introduced and Assigned to Education Committee in House

An Act to amend Title 14 of the Delaware Code relating to School Mental Health Services. This Act requires the State to fund a Mental Health Professional and Mental Health Coordinator position for each district and charter school by the 2024-25 school year. The Mental Health Professional and Mental Health Coordinator must develop partnerships with community-based organizations, work to establish collaborative relationships with the school, families, and local community, create an implementation plan, and undertake an assessment of the district's mental health needs.
 

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Number: HB 7
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to Amend Title 31 of the Delaware Code Relating to Pediatric Inpatient Behavioral Health Enhancement. This Act requires Delaware Medicaid to provide an enhancement to the acute care per diem rate for psychiatric facilities for hard to place pediatric behavioral health inpatients. The per diem enhancement is limited to an inpatient stay of 14 days. The applicability of the per diem enhancement is determined based on whether admission criteria is met. This Act also creates a Quality Oversight Committee designed to identify quality metrics for facilities admitting patients as well as provide biennial recommendations to the General Assembly’s Joint Finance Committee regarding eligibility categories and enhancement rates.
 

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Number: HB 11
DHA Position: None
Status: Introduced and Assigned to Natural Resources & Energy Committee in House

An Act to amend Title 16 of the Delaware Code relating to County Building Codes. This Act requires new commercial buildings with a foundation footprint of 50,000 square feet or greater to meet certain requirements to ensure that their roof is able to support solar energy infrastructure.  HA 1, which makes clear that solar-ready zones must comply with Appendix CA Solar-Ready Zone—Commercial of the International Energy Conservation Code or ASHRAE Standard 90.1, both of which are building standards. This amendment requires that the total solar-ready zone area shall not be less than 40 percent of the roof area, which is consistent with Appendix CA Solar-Ready Zone—Commercial of the International Energy Conservation Code, and erroneously omitted from House Bill No. 11, was Placed with the Bill.

 

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Number: HB 41
DHA Position: Support
Status: Out of Committee in House
 

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.  HA 1 which inserts language excluding motor vehicle manufacturers, manufacturers of motor vehicle equipment, and motor vehicle dealers from the bill was placed with the Bill.
 

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Number: HB 45
DHA Position: None
Status: Signed into Law 5/12/2023 

An Act to amend Title 14 of the Delaware Code relating to Developmental Screening.  This Act amends Chapter 30A of Title 14 to clarify that screening will not be conducted if a parent declines developmental screening or notifies the licensee that the child is already receiving early intervention services or special education and related services. It further clarifies that the childcare provider will conduct the screening where the parent or guardian fails to do so only upon receipt of parental consent. Because this section of the code has a version that is effective until July 1, 2024, and a version that is effective thereafter, the change appears in both versions to make clear that it is intended to change the pre and post-July 1, 2024 versions.
 

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Number: HB 46
DHA Position: None
Status: Signed into Law 5/25/2023
 

An Act to amend Title 18 of the Delaware Code relating to Credit for Reinsurance.  This bill reflects the National Association of Insurance Commissioner’s revisions to the Model Credit for Reinsurance Act giving the Commissioner express regulatory authority to address the handling and treatment of reinsurance agreements entered into, directly or indirectly, with life and health insurer-affiliated captives, special purpose vehicles or similar entities, including the authority to promulgate model regulations adopted by the NAIC that are required for the Department to meet accreditation.
 

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Number: HB 49
DHA Position: None
Status: Signed into Law 1/26/2023

An Act to amend Title 18 of the Delaware Code relating to Unemployment Benefits and Employer Assessments.  This Act provides post-pandemic related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes. This bill will increase the maximum weekly benefit amount payable to claimants seeking unemployment compensation benefits from the Delaware Department of Labor, Division of Unemployment Insurance from $400.00 a week to $450.00 a week. The funds necessary to pay the increased weekly benefit amounts will be paid from the Unemployment Trust Fund. Delaware currently pays unemployment claimants less per week in benefits than claimants are paid in each neighboring state. The maximum weekly benefit amount has not changed since 2019. The Governor’s agreement to allow federal pandemic funds to be used to replace the funds in the Unemployment Trust Fund that were depleted from the surge of pandemic related claims has made the Unemployment Trust Fund sufficiently solvent so as to allow the Department to offer unemployment tax relief measures to Delaware employers for a one-year period during calendar year 2023, at a time when employers continue to face post-pandemic rising economic challenges, supply chain problems, and difficultly in staffing. This Act will provide temporary relief to employers who pay unemployment tax assessments by reducing the new employer tax rates, reducing or holding constant overall employer tax rates, and reducing the maximum earned rate. This Act will also temporarily simplify the tax rate schedules that are used to calculate unemployment assessments paid by employers. The Department estimates that these unemployment tax assessment changes will reduce the tax obligation of employers an estimated $50 million in 2023. The various tax assessment relief provisions set forth in Sections 2 and 3 of this Act are retroactive to January 1, 2023 and are intended to be in effect for the full calendar year 2023.
 

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Number: HB 52
DHA Position: No Position
Status: Signed into Law 4/6/2023

An Act to amend Title 11 of the Delaware Code relating to the Adult Correction Healthcare Review Committee.  This bill adds a Delaware licensed psychiatrist as a voting member of the Adult Correction Healthcare Review Committee.
 

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Number: HB 54
DHA Position: Support
Status: Signed into Law 5/25/2023

An Act to amend Titles 18, 29 and 31 of the Delaware Code relating to Insurance Coverage of Epinephrine Autoinjectors. Currently, all health insurance plans subject to requirements under Delaware law must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the carrier's drug formulary for individuals who are 18 years of age or younger. This Act expands this requirement to all covered individuals, regardless of age, by January 1, 2024. This Act also makes a technical correction to §§ 3571Y of Title 18 to add standard language about applicability, which is already in § 3370D of Title 18.
 

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Number: HS 1 for HB 55
DHA Position: None
Status: Adopted in lieu of the original bill HB 55, and Assigned to Judiciary Committee in House

An Act to amend Title 6 and 31 of the Delaware Code relating to Individuals who are Homeless.  This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary. This Substitute differs from the original House Bill No. 55 in that it expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home and it eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code.
 

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Number: HB 55
DHA Position: Support with Amendment
Status: Substituted in House
 

An Act to amend Title 6 and 31 of the Delaware Code relating to Individuals who are Homeless.  This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary.
 

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Number: HB 56
DHA Position: No Position
Status: Introduced and Assigned to Education Committee in House
 

An Act to amend Title 14 of the Delaware Code relating to Tax Treatment of Certain Student Loan Repayments.  This Act makes a loan repayment under the Speech Language Pathologist Student Loan Repayment Program, the High Needs Educator Loan Payment Program, and the Mental Health Services Student Loan Repayment Program non-taxable for state income tax purposes.
 

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Number: HB 59
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to amend Title 16 of the Delaware Code relating to Establishing a Program for the Installation of Residential Drinking Water Purification Systems.  This Act establishes a residential drinking water purification system program to be administered through the Department of Health and Social Services.
 

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Number: HB 60
DHA Position: Support
Status: Substituted in House

An Act to amend Titles 18, 29 and 31 of the Delaware Code relating to Breast Cancer Screening and Diagnostic Procedures. This Act requires that all insurance policies issued or renewed in this State include coverage of supplemental and diagnostic breast examinations on terms that are at least as favorable as the coverage of annual screening mammograms. The Act covers all group, blanket, and individual health insurance policies as well as the State employee healthcare plan and Medicaid.
 

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Number: HS 1 for HB 60
DHA Position: None
Status: Adopted in lieu of the original bill HB 60, and Assigned to Appropriations Committee in House
 

An Act to amend Titles 18, 29 and 31 of the Delaware Code relating to Breast Cancer Screening and Diagnostic Procedures. To prevent Delawareans from facing exorbitant costs for potentially life-saving screenings and follow-up tests, and to allow providers to use clinical judgement in the use of breast cancer examination tools based on established national standards, this Act requires that all insurance policies issued or renewed in this State include coverage of supplemental and diagnostic breast examinations on terms that are at least as favorable as the coverage of annual screening mammograms. The Act covers all group, blanket, and individual health insurance policies (except specified accident, specified disease, hospital indemnity, Medicare supplement, long-term care or other limited benefit health insurance policies) as well as the State employee healthcare plan and Medicaid. This substitute bill differs from the original bill in that it makes technical corrections, excludes certain health, and adds to the definition of breast MRI.  HA 1, which changes the application date to December 31, 2024 was placed with the Bill.
 

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Number: HB 64
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

An Act to amend Title 29 of the Delaware Code relating to Health Care Insurance & Retirement Benefits.  This bill authorizes coverage for the spouse of a survivor who qualified to receive a deceased pensioner's retirement benefits prior to May 15, 2012.
 

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Number: HB 65
DHA Position: No Position
Status: Out of Committee in House

An Act to amend Title 14 of the Delaware Code relating to Bereavement Leave.  According to the Mayo Clinic, miscarriages occur in about 20% of all pregnancies, and generally, in the first 12 weeks. According to the Centers for Disease Control, 1 out of every 100 American pregnancies ends in stillbirth. Black women have a significantly higher risk of miscarrying— 43% higher when compared to white women. Black mothers are also more than twice as likely to experience stillbirth compared to Hispanic and white mothers. This bill provides State employees who suffer a miscarriage, stillbirth or other loss, a maximum of 5 days of paid bereavement leave. This Act shall be known as the "Sloane Hajek Act of 2023".  HA 1, which clarifies that this Act's definition of "other loss" only includes termination of pregnancy for therapeutic reasons was placed with the Bill.

 

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Number: HB 70
DHA Position: No Position
Status: Introduced and Assigned to Judiciary Committee in House

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.
 

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Number: HB 71
DHA Position: None
Status: Signed into Law 4/12/2023

An Act to amend Title 16 of the Delaware Code relating to the Lyme Disease Education Oversight Board.  This bill clarifies that the goal and function of the Lyme Disease Education Oversight Board includes Lyme Disease and other tick-related diseases. This Act supersedes the previous sunset provision that established the Board in House Bill 291 from the 148th General Assembly (80 Del. Laws c. 402 § 1) and extends the Board’s existence until 2032 unless otherwise provided by a subsequent act of the General Assembly.  HA 1 makes technical changes by changing “tick-related diseases” to “tickborne diseases”. This amendment also clarifies that the Lyme Disease Oversight Board expires on August 29, 2032 unless otherwise provided by a subsequent act of the General Assembly.

 

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Number: HB 73
DHA Position: None
Status: Out of Committee in House
 

An Act to amend Title 19 of the Delaware Code relating to Civil Actions to Recover Overpaid Unemployment Benefits.  This Act clarifies that when H.B. 149 of the 150th General Assembly was enacted, removing the 5-year statute of limitations for the Department of Labor to bring civil actions to recover unemployment overpayment debts, the General Assembly intended to entirely remove all statutes of limitations notwithstanding any other debt collection statute of limitations in the law or provided in Title 10 of the Delaware Code. This Act will not apply to overpayment debts that accrue 3 years or more prior to the date of enactment.
 

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Number: HB 74
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in House

An Act to amend Title 16 of the Delaware Code relating to Mandatory Reporting of Child Abuse.  This Act abrogates the privilege between priest and penitent in a sacramental confession relating to child abuse and neglect. It requires priests to report child abuse and neglect or to give or accept evidence in a judicial proceeding relating to child abuse or neglect.
 

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Number: HB 75
DHA Position: No Position
Status: Introduced and Assigned to Appropriations Committee n House

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2024; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
 

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Number: HB 76
DHA Position: None
Status: Introduced and Assigned to Appropriations Committee in House

AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2024 TO THE OFFICE OF MANAGEMENT AND BUDGET.
 

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Number: HB 80
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 31 of the Delaware Code relating to Coverage of Doula Services.  This Act requires that doula services be covered by Medicaid in Delaware by January 1, 2024. It follows up on HB 343 from the 151st General Assembly which required the Division of Medicaid and Medical Assistance to submit a plan for implementing this coverage and draws on that completed report.
 

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Number: HS 1 for HB 83
DHA Position: None
Status: Out of Committee in Senate
 

An Act to amend Title 14 of the Delaware Code relating to Oral Health Screening. This Act requires every public school and charter school to provide students enrolled in kindergarten with an oral health screening by the last student attendance day of each school year. Notification to the parent or guardian must be done and a copy of the oral health screening results sent home. A referral to a dentist, if required, will be provided by the Bureau of Oral Health and Dental Services. The Division of Public Health (DPH), through the Delaware Smile Check Program, offers school-based oral screenings, at no cost to the school districts, schools, including charter schools, or the students. This Substitute Bill takes out the requirement to advise teachers of the results of the oral health screenings, including Special Education Coordinators and Educational Diagnosticians of students with an IEP. This Substitute Bill also removes any follow-up requirements, by the school, with the student’s parent or guardian. The Substitute Bill also makes the school requirements, under this Act, contingent on the Delaware Smile Check Program remaining in effect or a comparable program to provide free oral health screenings to all enrolled kindergarten students. This Act takes effect for the 2024-2025 school year.
 

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Number: HB 83
DHA Position: None
Status: Substituted  in House
 

An Act to amend Title 14 of the Delaware Code relating to Oral Health Screenings.  This Act requires every public school and charter school to provide students enrolled in kindergarten, who have not been seen by a dentist by time of school enrollment, with an oral health screening by the last student attendance day of each school year. Notification to the primary teacher and parent or guardian must be done within 7 school days and a copy of the oral health screening results sent home. A referral to a dentist, if required, will be provided by the Bureau of Oral Health and Dental Services. The Division of Public Health (DPH), through the Delaware Smile Check Program, offers school-based oral screenings, at no cost to the school districts, schools, including charter schools, or the students. This Act takes effect for the 2024-2025 school year.
 

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Number: HB 89
DHA Position: None
Status: Out of Committee in Senate 

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.
 

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Number: HB 90
DHA Position: None
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An act to amend Title 6 of the Delaware Code relating to Medical Debt. This Act requires large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. Information must be provided at the time of service or prior to discharge, and again with each billing statement. When patients receive emergency care, information must be provided within 5 days of discharge. This Act becomes effective 1 year from the date of its enactment or when final regulations are adopted by the Secretary, whichever occurs first.
 

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Number: HB 99
DHA Position: None
Status: Out of Committee in House
 

An Act to amend Titles 7 and 29 of the Delaware Code relating to Climate Change. This Act, known as the Delaware Climate Change Solutions Act of 2023, follows the issuance of Delaware’s Climate Action Plan in 2021, and establishes a statutory target of greenhouse gas emissions reductions over the medium and long term to mitigate the adverse effects of climate change due to anthropogenic greenhouse gas emissions on the State. The Act establishes a process of regular updates to the Climate Action Plan to serve as the framework to achieve the targeted emissions reductions and develop resilience strategies for the State, creates Climate Change Officers in certain Key Cabinet-Level Departments who will assist DNREC in the ongoing implementation of the Climate Action Plan, requires State agencies to consider climate change in decision-making, rulemaking, and procurement, and requires an Implementation Report every 2 years on the progress of the State towards meeting the statutory targets.
 

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Number: HB 102
DHA Position: None
Status: Ready for Governor’s action

An Act to amend Title 17 of the Delaware Code Relating to Entrance Permits. This Act expedites the issuance of a temporary entrance permit for commercial and economic development projects. The Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 104
DHA Position: None
Status: Out of Committee in Senate

An Act to Amend Title 29 of the Delaware Code Relating to Land Use Planning. The state’s pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant.  HA 1 deletes the phrase “or otherwise” and replaces it with “or by ordinance” and deletes the phrase “or where an applicant voluntarily requests to participate under subsection (b) of this section” since it is duplicative of what is contained in subsection (b) of this section.  HA 1 deletes the phrase “or otherwise” and replaces it with “or by ordinance” and deletes the phrase “or where an applicant voluntarily requests to participate under subsection (b) of this section” since it is duplicative of what is contained in subsection (b) of this section.
 

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Number: HB 105
DHA Position: None
Status: Assigned to Legislative Oversight & Sunset Committee in Senate

An act to amend Title 21 of the Delaware Code relating to the Medical Practices Act.  This Act requires physicians who are discontinuing business, leaving the State, or terminating a patient-physician relationship for any other reason to notify affected patients at least thirty days prior to the discontinuation of services via first class mail and an electronic message if electronic communication is available. It removes the requirement that physicians ending a patient-physician relationship publish a notice in a newspaper of daily circulation. Notice sent to patients must include information about how the patient may obtain their medical records and information about other physician services in the area that are available to patients who will require continued medical care. This Act further adds that a patient receive notice by electronic message, if available, when a physician dies and has not transferred patient records to another health-care provider. Finally, this Act makes technical changes to create consistency with those sections being amended by SB 74 of the 152nd General Assembly, relating to the transfer of medical records in other health-care professions.  HA1 requires that physicians provide the Board of Medical Licensure and Discipline notice of how patients may obtain their old medical records when a physician's medical practice closes or the physician dies. It also clarifies that when a physician notifies a patient that the patient-physician relationship will be discontinued, the notice shall include the date the physician services will be discontinued. Finally, this Amendment makes this Act effective 6 months after its enactment.

 

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Number: HB 108
DHA Position: None
Status: Introduced and Assigned to Transportation Committee in House
 

An act to amend Title 21 of the Delaware Code relating to Driver’s Licenses.  This Act does all of the following: (1) Allows for all licensed independent 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 13; (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.
 

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Number: HB 110
DHA Position: None
Status: Substituted in House
 

An act to amend Title 18, 29 & 31 of the Delaware Code relating to Insurance Coverage for Termination of Pregnancy. Section 1 amends Title 31 to require all health benefit plans delivered or issued for Medicaid to cover services related to the termination of pregnancy. Coverage provided under this section is not subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and may not impose restrictions on services inconsistent with Subchapter IX, Chapter 17, of Title 24. It also moves the definition of “carrier” out of individual provisions and into the general definition section for the chapter. Sections 2 and 3 amend Title 18 to require both individual and group health carriers to cover services related to the termination of pregnancy with identical cost-sharing prohibitions. Additionally, Sections 2 and 3 make clear that a religious employer may obtain an exclusion from the carrier if the requirements conflict with the organization’s bona fide religious beliefs and practices. Section 4 amends Title 29 to charge the State Employee Benefits Committee with the duty to ensure that state employee plans provide coverage for services related to the termination of pregnancy. Coverage shall not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and shall not impose restrictions on such services inconsistent with protections placed in Subchapter IX, Chapter 17, of Title 24. This Act takes effect January 1 following its enactment into law.
 

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Number: HS 1 for HB 110
DHA Position: None
Status: Out of Committee in House

An act to amend Title 18, 29 & 31 of the Delaware Code relating to Insurance Coverage for Termination of Pregnancy. Section 1 amends Title 31 to require all health benefit plans delivered or issued for Medicaid to cover services related to the termination of pregnancy. Coverage provided under this section is not subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and must cover the full scope of services permissible under the law. It also moves the definition of “carrier” out of individual provisions and into the general definition section for the chapter. Sections 2 adds a definition of “religious employer.” Sections 3 and 4 amend Title 18 to require both individual and group health carriers to cover services related to the termination of pregnancy with identical cost-sharing prohibitions. Certain types of limited coverage plans are exempt from the requirement, and HDHP and catastrophic plans are exempt from the cost-sharing prohibitions if such requirements would cause them to lose their status and treatment under federal law. A religious employer may obtain an exclusion from the carrier if the requirements conflict with the organization’s bona fide religious beliefs and practices. Section 5 amends Title 29 to require coverage for services related to the termination of pregnancy under the state employee health plan. Coverage shall not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and shall apply to the full scope of services permissible under the law. The changes to Medicaid and the state employee health plan are effective January 1 of the year following enactment. The changes to insurance requirements for private group, blanket, and individual coverage are effective for policies issued, renewed, or altered after January 1, 2025. This substitute differs from the original bill as follows: (1) It makes several technical corrections; (2) It limits the permissible applications of referral, prior authorization, and in-network requirements to ensure full and timely access to covered services; (3) It explicitly states that the State will fund coverage of services for Medicaid recipients that are required under this Act for which federal funding may not be used; (4) It adds a definition of religious employer and requires a religious employer to cover services when the life or health of the mother is at risk; (5) It changes the effective and application dates of the coverage requirements.
 

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Number: HB 114
DHA Position: None
Status: Substituted in House
 

An act to amend Title 16 & 25 of the Delaware Code relating to Recovery Housing.  Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. Furthermore, this Act establishes penalties for recovery residences engaged in kickbacks, inducements, patient brokering, and other unethical practices. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.

 

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Number: HA 1 for HB 114
DHA Position: None
Status: Adopted in lieu of the original bill HB 114, and Assigned to Appropriations Committee in House

An act to amend Titles 16 and 25 of the Delaware Code relating to Recovery Housing.  Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.
 

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Number: HB 120
DHA Position: None
Status: Out of Committee in Senate
 

An act to amend Title 21 of the Delaware Code relating to Rules of the Road.  Speeding is a contributing factor in many serious injury motor vehicle crashes and roadway fatalities. This Act adds operating a motor vehicle at a speed of 90 miles an hour or more to the definition of reckless driving.
 

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Number: HB 125
DHA Position: None
Status: Introduced and Assigned to Education Committee in House

An act to amend Title 14 of the Delaware Code relating to Free School Meals.  During the COVID-19 pandemic the U.S. Department of Agriculture eased program restrictions to allow for free breakfast and lunch for all students. With the expiration of U.S. Department of Agriculture waivers on June 30, 2022, Delaware schools participating in the USDA School Breakfast Program and National School Lunch Program were required to return to pre-pandemic policies as they related to free breakfast and lunch meals. At present some Delaware schools and school districts provide free breakfast and lunch meals for all students because the schools qualify for Community Eligibility Provisions based on the percentage of students from low-income households. These schools are reimbursed by the U.S. Department of Agriculture using a formula. This Act would require all schools to offer all students free breakfast and lunch every school day. The Department would reimburse all schools for all expenses not reimbursed by the U.S. Department of Agriculture. The amount of reimbursement, by the Department, for each budget year, for each participating school, will be equal to the federal free reimbursable rate multiplied by the total number of eligible meals that the participating school serves during the applicable budget year minus the total amount of reimbursement for eligible meals served that the participating school receives under the School Breakfast Program and National School Lunch Program. This Act takes effect 30 days after publication in the Register of Regulations of the notice by the Controller General that funds have been appropriated to implement this Act.
 

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Number: HB 126
DHA Position: None
Status: Assigned to Health & Social Services Committee in Senate

An Act to amend Title 29 of the Delaware code relating to the Clean Water for Delaware Act.  This Act clarifies to whom the annual report must be sent and the date that the report must be submitted.
 

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Number: HB 128
DHA Position: None
Status: Out of Committee in House

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.
 

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Number: HB 133
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 18 of the Delaware code relating to Line-of-Duty Death Benefits.  First responders, including law enforcement officers, firefighters, emergency medical services (EMS) clinicians, and public safety telecommunicators, are crucial to ensuring public safety and health. First responders are at elevated risk for suicide because of the environments in which they work, their culture, and stress, both occupational and personal. This stress can be associated with a specific incident or an accumulation of day-to-day stress. Occupational stress in first responders is associated with increased risk of mental health issues, including hopelessness, anxiety, depression, post-traumatic stress, as well as suicidal behaviors such as suicidal ideation (thinking about or planning suicide) and attempts. Even during routine shifts, first responders can experience stress due to the uncertainty in each situation. During emergencies, disasters, pandemics, and other crises, stress among first responders can be magnified. Relationship problems have also been linked to a large proportion of suicides among the general population (42%). Because first responders can have challenging work schedules and extreme family-work demands, stress caused by relationship problems may also be magnified in this worker group. Suicide is ranked second for causes of death for law enforcement officers. As of December, 2022, there were 133 law enforcement suicides, and in 2021, there were 160. In November, 2022 alone, there were 9 police officer suicides in this country, including one from Delaware. Law enforcement officers face a 54 percent higher risk of suicide than the general population. An officer involved in a high stress event has a 70% chance of suicide following the next incident if intervention is not sought, but with intervention, the number drops to 3%. Police officers are also at an elevated risk for depression, substance abuse, and post-traumatic stress disorder. Law enforcement officers and firefighters are more likely to die by suicide than in the line of duty. A study of more than 1,000 firefighters found that nearly 50% had suicidal thoughts at some point during their career, and about 16% reported one or more suicide attempts. A survey of EMTs and paramedics in the United States round that 37% had contemplated suicide, and 6.6% had attempted it. EMS providers are 1.39 times more likely to die by suicide than the public. Studies have found that between 17% and 24% of public safety telecommunicators have symptoms of PTSD and 24% have symptoms of depression. A study in Massachusetts found that the suicide rate for corrections officers was at least 7 times higher than the national suicide rate. Another study showed that 10% of corrections officers considered taking their own life, and about 1 in 3 are dealing with PTDS and depression. For the National Guard, there were 117 suicides in 2021 compared to 121 in 2020. This bill makes clear that suicide is a death in the line of duty for Delaware’s first responders, police officers, firefighters, correctional officers and probation officers, and the National Guard.  HA 1, which makes clear there is a rebuttable presumption that a suicide of a first responder is a death in the line of duty, whether the first responder is on active duty or not at the time of the suicide, and the burden is on the employer to demonstrate that such death was not a death in the line of duty by a preponderance of the evidence. This amendment adds 9-1-1 dispatchers and retired first responders to the definition of covered person was placed with the Bill.
 

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Number: HB 136
DHA Position: None
Status: Assigned to Appropriations Committee in House
 

An Act to amend Title 30 of the Delaware Code relating to Personal Income Tax. While the exact number of nurse vacancies in Delaware fluctuates, healthcare providers agree that the current shortage is unsustainable. Nursing shortages lead to error, higher morbidity, and mortality rates. The American Association of Colleges of Nursing (AACN) outlines a number of contributing factors impacting the current national nursing shortage. One was a lack of nursing school faculty - including the preceptors that provide supervision and instruction for clinical practice. Since Delaware’s nursing education programs must require clinical learning experiences provided by these preceptors, nursing students have difficulty completing the required coursework necessary for degree and licensure. Section 1. This bill provides a nonrefundable tax credit of up to $1,000 and up to $5,000 for individual qualifying preceptors and clinical preceptors. Section 2. This Act shall be effective for tax years beginning on or after January 1, 2024.
 

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Number: HB 137
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 14 of the Delaware Code relating to Pupil and Student Identification Cards. This Act corrects the Delaware crisis text number and the National Suicide Prevention call or text line that is required to be printed on pupil identification cards for all public schools serving pupils in grades 7 to 12 and for all students attending public institutions of higher learning in Delaware. This Act takes effect for the 2023-2024 school year.
 

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Number: HB 140
DHA Position: None
Status: Out of Committee in House

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.
 

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Number: HB 150
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 31 of the Delaware Code relating to Medical Coverage for All Delaware Children.  This bill is the Cover All Delaware Children Act. Many children who are undocumented do not have access to routine or preventative healthcare, including vaccinations and physicals, because they cannot afford the services. Instead they may rely upon emergency room visits when untreated conditions worsen. Providing publicly funded healthcare coverage to low-income children greatly improves their health and long-term outcomes. Medicaid coverage is linked to fewer chronic conditions, better overall health, improved oral health, and fewer hospitalizations and emergency room visits. This Act directs the Department of Health and Social Services to develop and operate a limited medical assistance program for children in Delaware who are not otherwise covered, including children who are not documented. A child resident in the state whose family income is low enough that they would qualify on that basis for Medicaid or CHIP coverage but is not eligible for Medicaid or other federally funded coverage, is eligible for coverage and medical care under this Act. The coverage would be co-extensive with that provided by CHIP and Medicaid, except that it would not include in-patient care at a hospital or other healthcare facility. The Act also directs the State to submit a plan amendment to the Centers for Medicare & Medicaid Services so that the state can take advantage of the federal CHIP option to include coverage of pregnant women regardless of immigration status.
 

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Number: HB 154
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 6 of the Delaware Code relating to Personal Data Privacy and Consumer Protection. This bill creates the Delaware Personal Data Privacy Act. The Act delineates a consumer’s personal data rights and provides that residents of this State will have the right to know what information is being collected about them, see the information, correct any inaccuracies, or request deletion of their personal data that is being maintained by entities or people. This Act is modeled after existing frameworks for data privacy in other jurisdictions. This Act will apply to entities that conduct business in the State of Delaware who controlled or processed the personal data of not less than 35,000 consumers or controlled or processed the personal data of not less than 10,000 consumers and derived more than 20 percent of their gross revenue from the sale of personal data. This Act requires Delaware Department of Justice to engage in public outreach to educate consumers and the business community about the Act beginning at least 6 months prior to the effective date of the Act.
 

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Number: HB 160
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to amend Title 16 of the Delaware code relating to 988 Behavioral Health Crisis Intervention Services.  The National Suicide Hotline Designation Act of 2020 established 988 as the universal phone number for "the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline." This Act provides the framework to maximize the benefits of 988 and provide crucial support to Delawareans in need through the implementation of a practical, modern, and comprehensive, integrated crisis care system. Under this Act, the proposed integrated crisis care system consists of a statewide 24/7 behavioral health crisis communications center capable of telephonic, text, and chat to receive communications made to 988. This Act requires the Division of Substance Abuse and Mental Health to ensure the availability of mobile crisis teams to respond to individuals in crisis and crisis stabilization programs operated by community-based providers to provide a place for an individual in crisis to go. To implement this framework, this Act establishes the Behavioral Health Crisis Services Board to provide additional oversight and input on the development of the system. This Act establishes the Behavioral Health Crisis Communications Center, a statewide and continuously operated communications hub for taking 988 and other communications related to behavioral health. The Center is under a partnership between the Division of Substance Abuse and Mental Health and the Department of Children, Youth, and Their Families to provide services to Delawareans of all ages. This Act establishes dedicated funding sources for behavioral health crisis services and creates the Behavioral Health Crisis Intervention Services Fund. Specifically, this Act establishes a 60-cent per month per line fee on phone lines and a 60-cent one-time fee on prepaid services. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
 

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Number: HB 161
DHA Position: None
Status: Introduced and Assigned to Natural Resources & Energy Committee in House

An Act to amend Title 29 of the Delaware Code relating to Energy Efficiency Investment Fund.  This Act allows the Department of Natural Resources and Environmental Control to assist more small businesses and organizations in making energy efficiency improvements to their facilities by raising the proportion of those projects that can be funded through grants or loans by the Energy Efficiency Investment Fund. Currently, assistance is capped at 30% of the project cost up to $250,000, leaving an applicant to come up with the remaining 70% or more. This can be prohibitive for smaller entities. By raising the eligible proportion of the project cost to 60%, without changing the maximum funding, the Department can help more small businesses, local governments, and nonprofits reduce their operating costs and environmental impact.
 

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Number: HB162
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to amend Titles 9, 12, 16, 24 and 29 of the Delaware Code relating to Human Remains.  This Act authorizes the process of natural organic reduction to be used in this State. Natural organic reduction is the gentle, respectful process that accelerates the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips, or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere. The process also uses 1/8 the energy of cremation. Section 3 of this Act removes "and by the Attorney General or a deputy attorney general" from § 3163 of Title 16, which was overlooked when Chapter 164 of Volume 68 of the Laws of Delaware was enacted, removing similar language in § 3159 of Title 16. Section 12 of this Act replaces the citation to § 3162 of Title 16 with a citation to § 3159. Section 3162 was transferred to § 3159 when Chapter 31 was reenacted by Chapter 274 of Volume 68 of the Laws of Delaware, but this citation was overlooked. This Act takes effect the earlier of 1 year from the date of the Act's enactment or notice in the Register of Regulations that final regulations to implement this Act have been adopted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
 

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Number: HB 170
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in House

An Act to amend Titles 11, 16 & 29 of the Delaware Code relating to Human Trafficking of Children.  This Act does all of the following regarding suspected human trafficking of children: 1. Ensures the sharing of information between the Child Protection Accountability Commission (CPAC) and the Delaware Anti-Trafficking Action Council. 2. Expressly requires a multidisciplinary response to these cases, similar to child deaths and serious physical injury. 3. Even though human trafficking of children is child abuse, specifically delineates it throughout the child abuse multidisciplinary investigative response. 4. Codifies a review panel and oversight committee within CPAC for these cases, with the same authority, subpoena power, and immunities provided to the system that reviews child abuse deaths and near deaths. 5. Establishes that the Office of the Child Advocate will staff the review panel and oversight committee. This Act also makes minor technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 176
DHA Position: None
Status: Introduced and Assigned to Labor Committee in House

An act to amend Title 19 of the Delaware Code relating to Unemployment Compensation Deadlines.  This bill would extend various deadlines in the Unemployment Code. The intent is to provide claimants and employers additional time to receive and prepare a response or appeal of benefit determinations and other important documents that require a response, in an effort to reduce the incidents of late filed appeals and missed deadlines. This would benefit claimants and employers by providing more time, while also reducing the administrative burden to the Division of Unemployment Insurance of responding to late appeals and late filed documents. This bill also makes conforming changes to additional sections of the Unemployment Code that provide for delivery by mail or other delivery methods to provide flexibility to the Division and Board if they decide to send notices and other documents by email or other delivery methods to reduce mailing expenses and increase efficiency. Finally, this bill confirms Superior Court precedent that Code references to “days” mean “calendar days” unless otherwise specified.
 

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Number: HB 182
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in House

An act to amend Titles 11, 13, 16 and 31 of the Delaware Code relating to Child Abuse.  Sections 1 through 6 of this Act revise the State’s existing child abuse laws as follows: (1) Revises Child Abuse in the Third Degree by removing extraneous language and redesignating it as Child Abuse in the Fourth Degree. (2) Revises Child Abuse in the Second Degree by redesignating it as Child Abuse in the Third Degree and making it a class D felony. (3) Revises Child Abuse in the First Degree by removing extraneous language, adding a sentence enhancement for certain aggravating factors, and redesignating it as Child Abuse in the Second Degree. (4) Creates a new crime of Child Abuse in the First Degree, a class A felony, when a person intentionally or recklessly causes serious physical injury to a child and that injury causes permanent disfigurement, permanent impairment of health, or permanent loss or impairment of a bodily organ. (5) Creates a new crime of Child Torture, a class B felony. (6) Creates a new crime of Continuous Child Abuse when a person intentionally or recklessly engages in 3 or more acts of child abuse or child torture over a period of time not less than 3 weeks in duration. Sections 7 through 9 and 11 through 14 of this Act make conforming amendments to the Delaware Code based on the revisions made by Sections 1 through 6 of this Act. Section 10 of this Act designates Child Abuse in the First Degree and Child Abuse in the Second Degree as violent felonies.
 

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Number: HB 183
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in House
 

An act to amend Title 11of the Delaware Code relating to Endangering the Welfare of a Child.  This Act revises the existing crime of endangering the welfare of a child by providing or permitting a child to consume or inhale unprescribed controlled substances in the following ways: 1. Prohibits a person from intentionally, knowingly, or recklessly making controlled substances or prescription drugs available to a child through exposure, consumption, or inhalation. 2. Creates new penalties for endangering the welfare of a child through exposure, consumption, or inhalation of drugs. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
 

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Number: HB 184
DHA Position: None
Status: Introduced and Assigned to Labor Committee in House

An act to amend Title 19 of the Delaware Code relating to Discrimination in Employment.  Delaware law expressly prohibits employment discrimination based upon surviving domestic violence, sexual assault, or stalking. Such discrimination includes: (1) failing or refusing to hire or discharging an employee because the individual was a victim of domestic violence, sexual offense, or stalking; or (2) failing or refusing to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking. Current statute requires the victim of domestic violence, sexual assault, or stalking to provide verification to their employer. This bill provides employers with the option to require verification in order to receive accommodations.
 

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Number: HB 199
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

An act to amend Titles 16 and 29 of the Delaware Code relating to Temporary Nurse Staffing Agencies Serving Long-Term Care Facilities.  This bill grants authority to the Department of Health and Social Services (DHSS) to adopt regulations related to the operation of temporary nurse staffing agencies that staff temporary nurses in long-term care facilities in the State and assigns oversight within DHSS to the Division of Health Care Quality. The bill requires temporary nurse staffing agencies to (1) register annually with the Division of Health Care Quality; (2) validate the qualifications of all provided nurses provided; (3) maintain records of all provided nurses’ credentials, job requirements, and required immunizations; and (4) provide all such records upon request to DHSS and to the long-term care facility where the employee is placed. The bill also requires temporary nurse staffing agencies to report annually to DHSS regarding various factors, including its employee placements, costs charged to long-term care facilities, and wages paid to temporary nurses.
 

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Number: HB 200
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 14 of the Delaware Code relating to School-Based Mental Health Services. This Act establishes a mental health services unit for Delaware high schools. The unit is phased in over 3 years, beginning in FY2024, to arrive at a final ratio of 250 full-time equivalent students grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 9-12 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in high schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for high school students. Districts and charters should prioritize the hiring of school counselors who provide mental health services over those who provide career counseling. Conforming changes are also made to code sections dealing with mental health units for elementary and middle school students. This Act also creates a reimbursement program to encourage current school employees to gain certifications or professional licensure in critical need mental health areas.  HA 1, which provides clarification regarding services offered by school counselors and requires applicants for the mental health critical need reimbursement program to commit to working in Delaware schools for at least 3 years following receipt of license or certification was placed with the Bill.
 

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Number: HB 220
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

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.
 

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House Concurrent Resolutions

Number: HCR 1
DHA Position: No Position
Status: Passed in House & Senate

This Concurrent Resolution recognizes January 2023 as Human Trafficking Awareness Month in Delaware

 

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Number: HCR 2
DHA Position: None
Status: Passed in House & Senate

This Concurrent Resolution commemorates January 22nd, 2023 as the 50th Anniversary of the United States Supreme Court ruling in Roe v. Wade.
 

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Number: HCR 3
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution designates January 23, 2023, as "Maternal Health Awareness Day" in the State of Delaware.
 

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Number: HCR 4
DHA Position: None
Status: Passed in House & Senate

Cholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2023 as "World Cholangiocarcinoma Day" in Delaware.
 

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Number: HCR 5
DHA Position: None
Status: Passed in House & Senate
 

This concurrent resolution designates January 22-28, 2023 as Certified Registered Nurse Anesthetists' (CRNA) Week in the State of Delaware.
 

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Number: HCR 11
DHA Position: None
Status: Passed in House & Senate

This Resolution recognizes the pertinent work of social workers throughout Delaware and the entire country, encourages the creation and expansion of Social Work programs, and recognizes March 2023 as Social Work Month in the State of Delaware.
 

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Number: HCR 13
DHA Position: None
Status: Passed in House & Senate

This Concurrent Resolution recognizes the month of March 2023 as "National Developmental Disability Month" in Delaware.  SA 1 corrects the number of individuals in Delaware living with developmental disabilities and clarifies the impairments associated with developmental disabilities. This Amendment also corrects a typographical error.
 

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Number: HCR 15
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution designates March 14, 2023 as "Equal Pay Day" in the State of Delaware.
 

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Number: HCR 17
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution designates the 21st day of the Month of March, 2023 as “Rock Your Socks for World Down Syndrome Day” and celebrates the beauty and contributions that people with Down Syndrome make in Delaware.
 

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Number: HCR 21
DHA Position: None
Status: Passed in House & Senate

This concurrent resolution designates March 24, 2023 as Women and Girls in STEM Day in the State of Delaware.
 

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Number: HCR 31
DHA Position: None
Status: Passed in House & Senate

This concurrent resolution commemorates March 31st as International Transgender Day of Visibility.
 

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Number: HCR 34
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution recognizes April 2023 as “Autism Acceptance and Inclusion Month” and Autism Delaware's 25 years of service to the people of Delaware.
 

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House Joint Resolutions

Number: HJR 1
DHA Position: No Position
Status:

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House Resolutions

Number: HR 8
DHA Position: None
Status: Passed in House

This Resolution recognizes April 18, 2021 through April 24, 2021 as “National Medical Laboratory Professional Week”.

 

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Senate Bills

Number: SB 2
DHA Position: None
Status: Substituted in Senate

An Act to amend Titles 11, 24 and 29 of the Delaware Code relating to Deadly Weapons.  This Act does the following: (1) Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. A holder of a valid concealed carry permit, a qualified law-enforcement officer, and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit. (2) Prohibits a licensed importer, manufacturer, or dealer, as well as unlicensed persons, from selling or transferring a handgun to an individual unless the individual has a handgun qualified purchaser permit. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (4) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records. (5) Requires the Department of Safety and Homeland Security to develop and administer a firearms training voucher program for low-income residents to provide low-income residents with a voucher to cover the costs of the firearms training course required under Section 1 of this Act. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is not implemented until the earlier of the following: (1) Six months from the date of the Act’s enactment. (2) The date of publication in the Register of Regulation of a notice by the Director of the State Bureau of Identification that the necessary processes have been established for implementation of the handgun qualified purchaser permit under Section 1 of this Act and the firearms training course under Section 5 of this Act.
 

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Number: SS 1 for SB 2
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 11, Title 24, and Title 29 of the Delaware Code relating to Deadly Weapons. This Act is a substitute for Senate Bill No. 2. Like Senate Bill No. 2 this Act does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. A holder of a valid concealed carry permit, a qualified law-enforcement officer, and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit. (2) Prohibits a licensed importer, manufacturer, or dealer, as well as unlicensed persons, from selling or transferring a handgun to an individual unless the individual has a handgun qualified purchaser permit. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (4) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records. (5) Requires the Department of Safety and Homeland Security to develop and administer a firearms training voucher program for low-income residents to provide low-income residents with a voucher to cover the costs of the firearms training course required under Section 1 of this Act. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 2 as follows: (1) By increasing the time a handgun qualified purchaser permit is valid from 180 days to 1 year. (2) By requiring the Superior Court to schedule the de novo hearing within 15 days of the filing of the appeal rather than to hold the hearing within 21 days of the filing of the appeal. (3) By extending the implementation timeline of Sections 1 and 5 of this Act from a maximum of 6 months from the date of the Act’s enactment to a maximum of 18 months from the date of the Act’s enactment.  HA 1, which replaces the open-ended voucher program with a pilot program that will last 1 year and issue a maximum of 500 vouchers for low-income individuals who wish to take a firearms training course in order to apply for a permit to purchase. The Department of Homeland Security will issue a report at the end of the period detailing how many vouchers were issued, how many were used, the total cost of the program, and the number of requests, if any, received by the Department after the 500 voucher limit was reached, was placed with the Bill.
 

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Number: SB 8
DHA Position: None
Status: Substituted in Senate

An act to amend Title 6 f the Delaware Code relating to Medical Debt. This Act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations.
 

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Number: SS1 for SB 8
DHA Position: None
Status: Out of Committee in Senate

An Act to Amend Title 6 of the Delaware Code relating to Medical Debt.  This Act is a substitute for Senate Bill No. 8. Like Senate Bill No. 8, this act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations. This Act differs from Senate Bill No. 8 as it requires large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. This information must be provided at the time of service or prior to discharge and again with each billing statement. It also creates a minimum threshold for eligibility for payment plans, and it reduces the timeframe in which a bill under a payment plan may be first due. This Act also defines “medical assistance” and “time of service,” which were not defined in Senate Bill No. 8.
 

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Number: SB 9
DHA Position: None
Status: Assigned to Health & Human Development Committee in House

An act to amend Title 16 of the Delaware Code relating to Lead-Based Paint.  Although lead-based paint is prevalent in many Delaware residences and causes extraordinary neurological damage in children, including seizures, behavioral disorders, developmental delays, and cognitive disabilities, Delaware does not have a comprehensive system to eliminate lead-based paint from those residences where children are still exposed to lead. This Act creates such a system, including: (1) Creating a system by which all properties where a child who is found to have high blood lead levels live are promptly screened for lead-based paint and, where that paint is found, treated to abate or remediate the lead-based paint. (2) Prohibiting landlords of properties where the State has paid for lead-based paint abatement from raising rents on those properties for a period of 3 years. (3) Taking steps to ensure that neither landlords nor local governments present unreasonable delays to the abatement of lead-based paint. (4) Creating a dedicated fund for abatement and remediation of lead-based paint hazards so that all levels of state government can be held accountable for funding lead-based paint abatement efforts. (5) Expanding the duties of the Childhood Lead Poisoning Prevention Advisory Committee to include a plan for prompt inspection and, where necessary, abatement or remediation of lead-based paint in all pre-1978 rental properties.  SA 1 does all of the following: (1) Makes clear that the State assumes that when a child has an elevated blood lead level there is exposed lead paint in the house and is, therefore, doing an inspection rather than a risk assessment. (2) Makes clear that the owner of any multi-unit property or property that has been rented to a third party may pay the Delaware State Lead-Based Paint Program’s costs of abatement or remediation and, if the owner does so, the prohibition on rental fee increases does not apply to the owner.
 

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Number: SB 24
DHA Position: No Position
Status: Introduced and Assigned to Education Committee in Senate
 

An Act to amend Title 14 of the Delaware Code relating to the Seizure Safe Schools Act.  This Act requires all schools with a student diagnosed with a seizure disorder to train at least 2 employees in the administration of rescue medication or treatment prescribed to treat a student with a seizure disorder. Training includes the administration of a manual dose of prescribed electrical stimulation using a Vagus Nerve Stimulator magnet. A school nurse employed full-time by a school is not required to meet these training requirements but may serve as 1 of the 2 required employees that are trained in the administration of seizure rescue medications….
 

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Number: SB 27
DHA Position: None
Status: Signed into Law 4/26/2023

An Act to amend Title 10 of the Delaware Code relating to Limitation of actions for work, labor or personal services.  This Act increases the statute of limitations for filing an action for recovery upon a claim for unpaid wages from 1 year to 2 years, making it consistent with the statute of limitations under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. Many employees who are terminated spend the first period of unemployment attempting to secure other employment. After this focus on finding employment ends, 1 year may have passed or be about to pass, preventing employees who are owed wages from a previous employer from seeking legal redress. This Act applies to claims when the date of the accruing of the cause of action on which the action is based is on or after the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

 

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Number: SB 28
DHA Position: No Position
Status: Signed into Law 1/26/2023
 
 

An Act to amend Title 22 of the Delaware Code and Chapter 420 of Volume 83 of the Laws of Delaware relating to Dentistry and Dental Hygiene.  This Act provides that if a dentist holds a community health license to care for underserved populations through a federally-qualified health center or a government-operated dental clinic and continues to practice in compliance with § 1132B(b) of Title 24 of the Delaware Code, the dentist’s license is renewable and shall be renewed biennially by the State Board of Dentistry and Dental Hygiene. This Act also extends the due date for the Dental Care Access Task Force’s report to April 1, 2023.
 

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Number: SB 29
DHA Position: No Position
Status: Signed into Law 1/26/2023

An Act to amend Title 29 of the Delaware Code relating to the State Employee Benefits Consolidation Act.  To foster sustainability in state retiree healthcare benefits and the development of a plan for strong benefits beyond the current Medicare Supplement plan offered through January 1, 2024, this Act does all of the following: 1. Expands the membership of the State Employee Benefits Committee by adding a state retiree to the Committee and adding an additional representative from public sector union organizations; 2. Requires the Controller General to provide comprehensive biannual public reports to the General Assembly regarding the work of the State Employee Benefits Committee; and 3. Establishes the Retiree Healthcare Benefits Advisory Subcommittee of the State Employee Benefits Committee, whose membership will include three state retirees and four members of the General Assembly, and whose charge includes holding public meetings and issuing recommendations to the Governor and the General Assembly by May 1, 2023.  SA 1 precludes appointed members of the State Employee Benefits Committee from attending Committee meetings through a designee. This amendment also precludes appointed members of the Retiree Healthcare Benefits Advisory Subcommittee from attending Subcommittee meetings through a designee. The amendment adds to the duties of the Retiree Healthcare Benefits Advisory Subcommittee, by requiring the Subcommittee to evaluate options that would allow state retirees to maintain their current coverage, similar to residents in other states that offer a choice to buy into a Medicare Supplement plan.
 

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Number: SB 31
DHA Position: No Position
Status: Signed into Law 5/12/2023

An Act to amend Title 18 of the Delaware Code relating to Primary Care Coverage.  This Act corrects a technical error in SB 227 (149th General Assembly) by establishing requirements for group and blanket health insurance plans that align with existing requirements for individual and State employee health insurance plans. As introduced, SB 227 specified that coverage for chronic care management under all 3 of these health insurance plan types cannot be subject to patient deductibles, copayments, or fees. Senate Amendment 1 to SB 227 made various intentional changes to SB 227 but also accidentally deleted the line that applied this chronic care management requirement to group and blanket plans. SB 227, as amended, passed both chambers unanimously. As a result, since January 1, 2019, there has been an unintentional difference in the requirements between the plan types. This Act corrects that divergence. This Act applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2023.
 

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Number: SB 32
DHA Position: None
Status: Assigned to Education Committee in House

An Act to amend Title 14 of the Delaware Code relating to Education.  The bill adds visual impairments including blindness to the list of programs to be conducted on a 12-month schedule.  SA 1 places limits on the number of hours and days of student and teacher attendance for programs for children with certain disabilities. This amendment limits the number of teacher work days for Division of Visually Impaired teachers to not more than 226 days.

 

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Number: SB 33
DHA Position: None
Status: Ready for Governor's action

An Act to amend Title 29 of the Delaware Code relating to the Department of Services for Children, Youth and their Families.  This bill adopts a key recommendation of the Child Protection Accountability Commission Caseloads and Workloads final report approved on November 20, 2019, that Division of Family Services (DFS) caseload standards be reduced from 18 to 12 families per worker. Due to the volume of work generated by a caseload of 18 families, workers are significantly restricted in the time they can spend on critical case activities such as family engagement, assessment of safety, and face-to-face contact with children and families.
 

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Number: SB 35
DHA Position: None
Status: Signed into Law 1/26/2023
 

AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2023.  SA 2 removes language permitting a community workforce agreement to include a bona fide legal citizen of the State workforce requirement.
 

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Number: SB 36
DHA Position: None
Status: Ready for Governor for action

An Act to amend Titles 11 and 16 of the Delaware Code relating to 911 Dispatchers.  This Act provides a definition for 911 Dispatchers. While referenced in other sections of the Code, including being identified as a first responder in § 4319 of Title 11 for purposes of confidentiality of communications by first responders for critical incident stress management services, Dispatchers have not otherwise been defined.
 

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Number: SB 40
DHA Position: None
Status: Introduced and Assigned to Capital Improvement Committee in Senate

A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2024; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.

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Number: SB 43
DHA Position: None
Status: Substituted in Senate
 

An Act to amend Titles 11of the Delaware Code relating to the Display of Human Trafficking Awareness Signs.  This Act adds additional State facilities and categories of establishments to § 787 of Title 11 which would be required to display public awareness signs about human trafficking. This Act provides definitions of some of the existing State facilities and categories of establishments where public awareness signs are required to be displayed, as well as some of the new State facilities and categories added by this Act. This Act repeals the requirement to display public awareness signs at “emergency care providers” and “adult entertainment facilities” in favor of using the terms “wellness center” and “adult entertainment establishment”, which are defined in this Act. This Act also includes specific locations on the premises where establishments that are hotels, casinos, restaurants with liquor licenses, poultry processing plants, massage establishments, and shopping malls must display a public awareness sign.   SA 1, which does all the following: (1) Removes the mandate that the Department of Labor (Department) conduct enforcement. The Department still has enforcement authority but may exercise its discretion in whether to pursue enforcement. (2) Changes enforcement to a complaint-based system whereby the Department may inspect an establishment about which it receives a compliant. While the complaint-based system may be the main way that the Department will receive notice of possible noncompliance with public awareness sign requirements, the Department may still initiate inspections independent of a report from the Delaware Anti-Trafficking Action Council or a complaint. (3) Changes the enforcement process and timeframes as follows: When the Department conducts enforcement, it shall provide public awareness signs, if needed, to an establishment to immediately enable compliance with the public awareness sign display requirements. If, within 3 years, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance identified in the warning notice, then the Department shall assess a civil penalty against the noncompliant establishment. (4) Removes the safe harbor provision since all establishments will now receive copies of the proper signage during inspection, if new signs are needed. (5) Updates the civil penalty to conform to the changes made in the enforcement process and timeframes. (6) Names this Act the "Signs of Hope Act". This name reflects the purpose that the human trafficking public awareness signs serve: a way to reach, give hope, and save victims of human trafficking. (7) Removes repetitive language and corrects a grammatical error, was Placed with the Bill.
 

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Number: SS 1 for SB 43
DHA Position: None
Status: Adopted in lieu of the original bill SB 43, and Assigned to Finance Committee in Senate

An Act to amend Titles 11of the Delaware Code relating to the Display of Human Trafficking Public Awareness Signs.  This Act is a substitute for Senate Bill No. 43. Both this Act and SB 43 add additional State facilities and categories of establishments to § 787 of Title 11 which would be required to display public awareness signs about human trafficking. The additional State facilities and categories are as follows: (1) State service centers. (2) Wellness centers. (3) Residential child care facilities. (4) Transitional and independent living service providers for youth aging out of foster care. (5) Shelters for victims of domestic violence or sexual assault or individuals experiencing homelessness or food insecurity. (6) Hotels. (7) Convenience stores along a major highway. (8) Gas stations along a major highway. (9) Casinos. (10) Restaurants with liquor licenses. (11) Poultry processing plants. (12) Bus or train stations. (13) Bars. (14) Massage establishments. (15) Shopping malls. This Act is also the same as SB 43 in that it: (1) Provides definitions of some of the existing State facilities and categories of establishments where public awareness signs are required to be displayed, as well as some of the new State facilities and categories added by SB 43 (and retained by this Act). (2) Includes specific locations on the premises where establishments that are hotels, casinos, restaurants with liquor licenses, poultry processing plants, massage establishments, and shopping malls must display a public awareness sign. (3) Adjusts the process by which the Delaware Anti-Trafficking Action Council (Council) may designate establishments required to display public awareness signs. SB 43 and this Act allow the Council to promulgate regulations to designate other categories of establishments that must display public awareness signs in addition to the categories required under § 787 and this Act; designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed; and change requirements for what must be included in a “public awareness sign”, as defined in this Act. (4) Requires the Council to annually publish a list of categories of establishments that must display a public awareness sign and any specific location requirements for the purposes of providing notice. (5) Clarifies that enforcement fines are civil penalties. (6) Distinguishes between the responsibilities of the Council and establishments, as well as rewrites the responsibilities to clarify the current law regarding the display of public awareness signs. (7) Establishes an enforcement process, including the requirement that establishments will receive a warning before any civil penalties are assessed. The Department of Labor may promulgate regulations. (8) Requires the Department of Labor to submit an annual report about enforcement to the Council and the General Assembly. (9) This Act takes effect immediately and is to be implemented 1 year from the date of this Act’s enactment to allow for the promulgation of regulations by the Department of Labor and the Council, as well as to ensure public awareness signs will be ready for distribution before implementation. (10) This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 43 by: (1) Removing the mandate that the Department of Labor (Department) conduct enforcement. The Department still has enforcement authority but may exercise its discretion in whether to pursue enforcement. (2) Changing enforcement to a complaint-based system whereby the Department may inspect an establishment about which it receives a compliant. While the complaint-based system may be the main way that the Department will receive notice of possible noncompliance with public awareness sign requirements, the Department may still initiate inspections independent of a report from the Delaware Anti-Trafficking Action Council or a complaint. (3) Changing the enforcement process and timeframes as follows: When the Department conducts enforcement, it shall provide public awareness signs, if needed, to an establishment to immediately enable compliance with the public awareness sign display requirements. If, within 3 years, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance identified in the warning notice, then the Department shall assess a civil penalty against the noncompliant establishment. (4) Removing the safe harbor provision since all establishments will now receive copies of the proper signage during inspection, if new signs are needed. (5) Updating the civil penalty to conform to the changes made in the enforcement process and timeframes. The civil penalty is as follows: if an establishment does not correct the same, or a substantially similar, noncompliance identified in the warning notice, the establishment owner is subject to a civil penalty of not more than $500. On a second or subsequent failure by an establishment to correct the same, or a substantially similar, noncompliance identified in the warning notice, the establishment owner is subject to a civil penalty of not more than $2,500. The current fine under § 787 is $300 per violation. (6) Naming this Act the "Signs of Hope Act". This name reflects the purpose that the human trafficking public awareness signs serve: a way to reach, give hope, and save victims of human trafficking. (7) Removing repetitive language and correcting a grammatical error. To make compliance with and enforcement of this Act feasible, a fiscal note is attached to this bill to finance the creation of the public awareness signs, which will be provided free to State of Delaware facilities and establishments and to fund a Department of Labor enforcement position.
 

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Number: SB 45
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Titles 19of 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.
 

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Number: SB 51
DHA Position: None
Status: Out of Committee in House
 

An Act to amend Titles 19 of the Delaware Code relating to the Use of Single-Service Plastic Implements and Polystyrene Containers in Food Establishments.  This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. These restrictions take effect on July 1, 2025. This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers: 1. The definition of "polystyrene foam food service packaging" excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables. 2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 removes the exceptions for fire companies and nonprofit organizations from the prohibition on providing ready-to-eat food in polystyrene foam food service packaging.  HA 2 narrows the health-care provider exception from the prohibition on providing ready-to-eat food in polystyrene foam food service packaging to only food provided to a patient or resident.  HA 3 adds whereas clauses to Senate Bill No. 51 which provide additional information regarding the impact on and longevity of polystyrene in landfills. It clarifies that a food establishment’s license may not be suspended or revoked for violation of this chapter and delays the penalty provision to 1 year after the effective date and defines a violation of the chapter as a “core item” under the Delaware Food Code. Finally, it directs that by December 31, 2023, the DSWA shall submit a report regarding the use of and potential substitutes for polystyrene foam from food establishments and other sources, and the disposal challenges and recycling options for waste polystyrene foam, identifying steps which can be considered in order to achieve the goal of reducing or eliminating polystyrene foam being added to landfills or open dumps in the State.  HA 1, HA 2 & HA 3 were Placed with the Bill.


 

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Number: SB 52
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 29 of the Delaware Code relating to the Sterile Needle and Syringe Exchange Program.  This Act directs the State’s current needle exchange program to take a needs-based approach. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 55
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 29 of the Delaware Code establishing the Delaware Rare Disease Advisory Council.  This bill establishes the Delaware Rare Disease Advisory Council which, among other things, is intended to educate medical professionals, government agencies, legislators, and the public about rare diseases. There are about 7,000 known rare diseases, and they create major public health challenges. The Advisory Council is charged with engaging in activities intended to benefit rare disease patients in Delaware, including encouraging and securing funding for the development of new treatments for rare diseases.  SA 1, which makes the following changes to Senate Bill No. 55: 1) It establishes the Rare Disease Advisory Council within the Office of the Lt. Governor instead of the Department of Health and Social Services. 2) It amends the provision about the hospital administrator appointee to the Council by requiring that the appointee be from an acute care hospital in Delaware. 3) It increases the size of the Council from 11 members to 14 members, by adding the following: a) a second Delaware resident, who either has a rare disease or has experience caring for a person with a rare disease, b) an administrator from a biopharma manufacturer, and c) a licensed genetic counselor. 4) It establishes that staffing support for the Council will be provided by the University of Delaware Institute for Public Administration was placed with the Bill.
 

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Number: SB 58
DHA Position: None
Status: Assigned to Finance Committee in Senate

An Act to relating to the Removal of Copay Requitements for Families in Need.  Since the COVID-19 public health emergency, the Department has not charged copays for Delaware Families earning up to 200% of the federal poverty level and has reimbursed purchase of care providers for 15 absent days per child per month. These practices have been successful in stabilizing families and providing early learning programs for Delaware's needy families and children.
 

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Number: SB 59
DHA Position: None
Status: Assigned to Finance Committee in Senate

An Act to Establish a Statewide Rate of Purchase of Care for Child Care Providers.  This bill directs the Department to pay a statewide rate to all child care providers that is aligned with the New Castle County rate through existing program funds. This service provides support for families with children birth to 12 years of age with access to child care to enable the caretaker to hold a job, obtain training or meet the special needs of the parent or child. The bill would pay licensed child care providers statewide at the reimbursement rate of New Castle County as determined by the 2021 Delaware Local Child Care Market Rate Survey.
 

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Number: SB 66
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 20 of the Delaware Code relating to the Public Health Emergency Planning Commission.  This Act adds the Senate Minority Leader and the House Minority Leader as members of the Public Health Emergency Planning Commission (Commission). This Act also requires the Commission to meet within 30 days of the initiation a state of emergency due to a public health emergency for the purposes of discussing and evaluating, in an advisory capacity to the Governor, the response to the public health emergency. The Commission would be required to continue meeting at least every 30 days until the termination of the state of emergency due to a public health emergency. This Act also defines the term “Commission” in the subchapter-level definition section since the term “Commission” is used in multiple places within Subchapter V of Chapter 31 of Title 20. This Act also adds Commission governance procedures, including length of terms, filling vacancies, and defining quorum. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including updating agency names.
 

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Number: SB 68
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 30 of the Delaware Code relating to Occupant Protections.  This Act revises Delaware’s child safety seat requirements which currently requires an “appropriate” car seat or booster. Under this Act, children under 2 years and under 30 pounds must be seated in a rear-facing seat with a 5-point harness. Children under 4 years and under 40 pounds must be seated in either a forward facing or rear-facing seat with a 5-point harness. Children between the ages of 4 and 16, must be seated in a booster based upon the manufacturer’s guidelines or a seatbelt. This Act removes the existing fine for the first offense and requests law enforcement to provide a referral to the Office of Highway Safety car seat fitting station for guidance and education regarding proper use of a child restraint. Under this Act, the Department of Safety and Homeland Security is required to implement an awareness campaign within 180 days of enactment. The remainder of the Act will not take effect until 1 year following its enactment.
 

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Number: SB 72
DHA Position: None
Status: Substituted in Senate

An Act to amend Title 30 of the Delaware Code relating to Personal Income Tax.  The purpose of this chapter is to allow residents of Delaware who are active members of a labor organization to claim a tax credit equal to the annual cost of maintaining their membership in the labor organization, not to exceed $500.
 

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Number: SS1 for SB 72
DHA Position: None
Status: Substituted in Senate

An Act to amend Title 30 of the Delaware Code relating to Personal Income Tax.  This Act is a substitute for Senate Bill No. 72. Senate Bill No. 72 would have provided Delaware residents who are active members of a labor organization to claim a tax credit equal to the annual cost of maintaining their membership in the labor organization, not to exceed $500. This Act differs from Senate Bill No. 72 by providing that members of a labor organization may claim a tax deduction for their expenses, rather than a tax credit.  SA 1, which provides that the state tax deduction for union dues expires upon the expiration and non-extension of the suspension of miscellaneous itemized deductions under the federal Tax Cuts and Jobs Act (TCJA). The suspension of miscellaneous itemized deductions under the TCJA is currently scheduled to expire after the tax year ending December 31, 2025, was Placed with the Bill.
 

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Number: SS 2 for SB 72
DHA Position: None
Status: Assigned to Revenue & Finance Committee in House
 
 
 
 

An Act to amend Title 30 of the Delaware Code relating to Personal Income Tax.  In 2017, the federal Tax Cuts and Jobs Act (TCJA), Public Law No. 115-97, suspended many itemized deductions from individual federal taxes until January 1, 2026, including the itemized deduction for costs to maintain membership in a labor organization. Senate Bill No. 72 created a tax credit for resident individuals equal to the annual cost, not to exceed $500, to the individual to maintain membership in a labor organization. Senate Substitute No. 1 for Senate Bill No. 72 made the annual cost to a resident individual to maintain membership in a labor organization an itemized tax deduction, not to exceed $500. Senate Amendment No. 1 to SS 1 for SB 72 sunset this itemized deduction when the federal tax deduction for costs to maintain membership in a labor organization is restored. Like SS 1 for SB 72, Senate Substitute No. 2 for Senate Bill No. 72 creates an itemized tax deduction for the annual cost to a resident individual to maintain membership in a labor organization. SS 2 for SB 72 differs from SS 1 for SB 72 as follows: 1. It does not allow an individual to take this deduction if the individual has taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization. 2. It clarifies that this exemption does not include payments that are not deductible under federal law for amounts paid to or through a labor organization for employee benefits, pension contributions, other compensation, or that were used in connection with lobbying or political expenditures, or settlement or investigatory costs or assessments of a government entity. 3. Does not define “labor organization”, because under § 1101 of Title 30, it has the same meaning as when used in federal law in reference to federal income taxes. If an individual deducts any cost to maintain membership in a labor organization from their federal income tax return, that deduction flows through to the state return. By limiting this deduction to individuals who have not taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization, SS 2 for SB 72 does not need to sunset, because if federal law restores or creates a similar deduction in the future and an individual uses that deduction, the individual cannot claim the same deduction again on their state income tax return. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 74
DHA Position: None
Status: Assigned to Health & Human Development Committee in House

An Act to amend Title 30 of the Delaware Code relating to Health Records.  This Act establishes requirements for the handling of treatment records for all of the following health-care providers under Title 24: 1. Advanced Practice Registered Nurses (certified nurse practitioners), Chapter 19. 2. Licensees under the Board of Mental Health and Chemical Dependency Professionals, Chapter 30: mental health professional counselors and associate counselors, chemical dependency professionals, marriage and family therapists, professional art therapists. 3. Psychologists, Chapter 35. 4. Licensed Clinical Social Workers, Chapter 39. Under current law, a patient or client does not have a right or clear procedure by which to obtain a copy of their record when one of these practitioners closes a practice, dies, terminates a patient relationship, or is incapacitated. The requirements established under this Act are modeled on the patient record requirements and procedures for physicians and correspond with the changes that would be enacted under House Bill No. 105 (152nd). These requirements and procedures also apply when a patient or client requests copies of their records. Under existing law, the governing boards established under these chapters have authority to promulgate regulations, if necessary, to address intersections between the requirements under this Act and professional codes of ethics. Sections 5 through 8 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corrects the spelling of the word “health-care” to be consistent throughout these chapters.  SA 1 adds the provisions in HA 1 to HB 105 (152nd), which require the notice of an office closure to include the date services will cease and that when an office closes, notice must be provided to the applicable governing body explaining how former patients or clients may obtain their records. It also delays the effective date of SB 74 for 6 months. In addition to the requirements under HA 1 to HB 105, this Amendment requires the patient's or client's written consent before providing records to a new provider.
 

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Number: SB 80
DHA Position: None
Status: Substituted in Senate
 

An Act to amend Title 29 of the Delaware Code relating to Immigration Status Requirements for Professional Licenses.  This Act codifies the current practice in Delaware of not requiring proof of citizenship or a specific immigration status on an application for a professional license. By affirmatively providing eligibility for professional licenses regardless of immigration status, this Act brings Delaware into compliance with a federal requirement in place since August 22, 1996, under 8 U.S.C.S. § 1621(d), and provides public notice of this policy.
 

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Number: SS 1 for SB 80
DHA Position: None
Status: Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
 

An Act to amend Title 29 of the Delaware Code relating to Immigration Status Requirements for Professional Licenses. Senate Bill No. 80 codifies the current practice in Delaware of not requiring proof of citizenship or a specific immigration status on an application for a professional license. By affirmatively providing eligibility for professional licenses regardless of immigration status, Senate Bill No. 80 brings Delaware into compliance with a federal requirement in place since August 22, 1996, under 8 U.S.C.S. § 1621(d), and provides public notice of this policy. Senate Bill No. 80 also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Senate Substitute No. 1 for Senate Bill No. 80 differs from Senate Bill No. 80 by also codifying the current practice of allowing an applicant for a professional license who does not have a social security number to submit instead, an attestation stating that if the applicant obtains a social security number in the future, the applicant will update their application with that social security number.
 

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Number: SB 81
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in Senate

An Act to amend Title 10 of the Delaware Code relating to Wrongful Death Actions.  This statutory addition to Delaware’s Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."
 

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Number: SB 85
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in Senate

An Act to amend Titles 9, 10, 11, 22 and 24 of the Delaware Code relating to Carrying a Concealed Deadly Weapon.  On June 23, 2022, in New York State Rifle and Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the United States Supreme Court completely and dramatically changed the manner in which state-level gun laws are to be evaluated for constitutional sufficiency. Although not directly addressed in a definitive fashion the way other states' concealed carry laws were, Delaware's concealed carry law was mentioned by the Court in a manner signaling that certain flaws in our law must be immediately addressed. This Act is designed to address those issues raised by the Bruen decision in a manner meant to save Delaware's concealed carry law from a successful constitutional challenge. This Act addresses current constitutional deficiencies while maintaining public safety issues unique to Delaware. Section 20 of Article I of the Delaware Constitution guarantees that “a person has the right to keep and bear arms for defense of self, family home and state…”. Both the United States Supreme Court and the Delaware Supreme Court have recognized the right of self-defense to be fundamental and to have pre-dated the formation of our country. As of 2020, there were over 18,600,000 Americans with concealed carry permits and 24,400,000 adults living in states where no permit is required to carry a concealed firearm, which is a 420% increase in the number of adults living in states allowing the public carrying of a firearm since 1988. As of the beginning of 2021, there were 18 states where no permits were required to carry a concealed firearm, 25 states that were considered “shall issue” permit states, and 9 states that were considered “may issue” permit states. This Act brings Delaware law concerning the carrying of concealed deadly weapons into conformity with Section 20 of Article I of the Delaware Constitution by allowing a person who is 21 years of age or older and not a prohibited person under either Delaware law or the laws of the United States to carry a deadly weapon concealed on or about their person for the purpose of defending self, family, home, and State. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and conforming amendments in other provisions of the Delaware Code to account for the removal of the requirement to obtain a license to carry a concealed deadly weapon.
 

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Number: SB 86
DHA Position: None
Status: Out of Committee in House
 

An Act to amend Titles 21 of the Delaware Code relating to Rules of the Road.  Currently, every adult operating or riding as a passenger on a motorcycle is required to have a helmet in their possession and wear eye protection while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet and eye protection. This Act requires that everyone who obtains a new endorsement for a motorcycle on or after the effective date of this Act, or someone riding with the newly endorsed person, to wear a helmet and eye protection for the first 2 years after the newly endorsed person receives the endorsement. In 2022, Delaware experienced 10 motorcycle fatalities where the rider was not wearing a helmet. Over the last 5 years, among crashes involving a Delaware licensed motorcycle rider, 25% of fatal and serious injury crashes involved a rider in their first 2 years of having a motorcycle endorsement. Helmets and eye protection are already required for those operating with a temporary motorcycle instruction permit as required under § 2703 of Title 21 of the Delaware Code and no passengers are allowed. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. According to research from the National Highway Traffic Safety Administration, helmets are highly effective in protecting motorcycle riders’ heads in crashes and significantly reduce deaths and serious head injuries in crashes. This Act creates a civil penalty for violation of the helmet law, both the existing law and the law created by this Act.
 

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Number: SB 98
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to the Delaware health Care Commission Health Care Provider Loan Repayment Program. This Act allows Dental Clinicians possessing a DDS or DMDS to participate in the Health Care Provider Loan Repayment grant program. The Act also extends the time in which providers may apply for a Health Care Provider Loan Repayment grant from six months to two years following completion of their graduate education.
 

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Number: SB 101
DHA Position: None
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to the Uniform Controlled Substance Act.  This Bill amends the Uniform Controlled Substances Act to establish quantity tiers specific to drug offenses involving fentanyl. This update to the UCSA accounts for the high potency and lethality of fentanyl relative to other substances in its current statutory category, and the rise in deaths and suffering related to fentanyl throughout Delaware communities.
 

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Number: SB 102
DHA Position: None
Status: Substituted in Senate 

An Act to amend Title 29 of the Delaware Code related to the Prevailing Wage. This Act closes a loophole in the prevailing wage statute that was being used to pay workers below the prevailing wage by performing work offsite instead of onsite, regardless of whether it was necessary to do so. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SS 1 for SB 102
DHA Position: None
Status: Assigned to Labor Committee in House

An Act to amend Title 29 of the Delaware Code related to the Prevailing Wage.  This Act closes a loophole in the prevailing wage statute that was being used to pay workers below the prevailing wage by performing work offsite instead of onsite, regardless of whether it was necessary to do so. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 106
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to Maternal Mental Health. This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual.
 

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Number: SB 116
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 24 of the Delaware Code relating to a Physician Assistants Licensure Compact.
This Act adopts the PA Licensure Compact, which is an interstate occupational licensure compact for physician assistants (PAs). The purpose of the Compact is to strengthen access to medical services and enhance the portability of a license to practice as a physician assistant while safeguarding the safety of patients and complementing the existing authority of state licensing boards to license and discipline physician assistants. Under the Compact, a physician assistant licensed in a Compact member state may obtain a privilege to practice in another Compact member state. Physician assistants using a Compact privilege to practice in another state must adhere to laws and regulations of practice in that state and are under the jurisdiction of the regulatory board of the state in which they are practicing. The Compact contemplates the establishment of a PA Compact Commission, which will consist of one delegate from each member state and will administer the Compact, and a data system, for the purpose of maintaining a coordinated data and reporting system containing licensure, adverse action, and investigative information on licensed physician assistants in participating states. The Compact will take effect on the date of enactment by the seventh state. Currently, 1 state has enacted the Compact and at least 4 states, not including Delaware, are considering legislation to enact the Compact.
 

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Number: SB 119
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 13 and Title 31 of the Delaware Code relating to Guardianship of a Child. This Act amends Chapter 23, Title 13 relating to guardianship and permanent guardianship of a child. The Act does all of the following: 1. Repeals § 351, Title 31, and embeds the requirement for assessments of non-relative guardianship petitioners in Chapter 23, Title 13, the statute for guardianship of a child. 2. Revises the definition of relative for Chapter 23, Title 13, to include the relationships outlined in § 351, Title 31 for whom assessment is not required. This revision also expands eligibility for relative permanent guardianship petitioners. 3. Clarifies that when a parent consents to guardianship, a reason for establishing the guardianship is still required. 4. Moves the parental consent provision previously in § 2353(c) to § 2353(a)(1). 5. Creates separate grounds for granting guardianship when parental rights have been terminated and are vested in DSCYF or a licensed agency. 6. Requires parental consent or a Court order for a guardian or permanent guardian to relocate a child if it will materially affect a parent’s visitation. This provision mirrors the relocation provision in § 734, Title 13. 7. Adds an individual with whom a child in DSCYF custody is placed as a person eligible to serve as a permanent guardian. 8. Clarifies that either a TPR ground or a parent’s consent is required to grant a permanent guardianship. 9. Clarifies that a permanent guardianship petitioner must have the child placed with them for 6 months immediately preceding the filing of the petition. This requirement is also expanded to include relatives, unless the court finds just cause to waive the requirement for a relative petitioner. 10. Provides judicial discretion, where extraordinary circumstances are found, to grant permanent guardianship to a foster parent or individual with whom a child in DSCYF custody is placed when none of the other exceptions apply. 11. Makes minor technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual, including replacing "and/or" with the appropriate conjunction and using gender silent language.
 

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Number: SB 123
DHA Position: None
Status: Introduced and Assigned to Health & Social Services in Senate

An act to amend Title 16 of the Delaware Code relating to Patient Abuse. This Act provides that any adult day care facility required to be licensed under Chapter 1 of Title 16 is subject to the existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code.
 

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Number: HB 124
DHA Position: None
Status: Out of Committee in Senate

An act to amend Title 16 of the Delaware Code relating to the reporting of Child Abuse and Neglect. This Act clarifies when reports of child abuse or neglect, including suspected human trafficking of a child, are required to be made orally to the Department’s report line and when they may be made via the Department’s online reporting portal. This Act also clarifies that licensed professionals who make reports may not remain anonymous.
 

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Number: SB 127
DHA Position: None
Status: Introduced and Assigned to Health & Social Services in Senate

An act to amend Title 16 of the Delaware Code relating to Patient Abuse. This Act adds different levels of criminal liability based on the specifics of a case for directors or managers of facilities who fail to take corrective action to protect patients or residents from criminal activity.
 

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Number: SB 141
DHA Position: None
Status: Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate

An act to amend Title 24 of the Delaware Code relating to the Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers.  This Act establishes updated, detailed standards for the practice of hearing aid dispensing. Definitions are added to specify that the standards and requirements pertaining hearing aid dispensing apply to prescription hearing aids only and not to over-the-counter hearing aids. Hearing aid dispenser licensure requirements consist of a high school diploma, six months of on-the-job training, and a national exam. Currently, hearing aid dispensers are expressly prohibited from making medical diagnoses or audiologic evaluations, as set forth in 24 Del. C. § 3702(7). Input from stakeholders demonstrated that HADs were practicing outside the permissible scope of practice. Impermissible activities include cerumen management (wax removal), which is considered invasive, and treating tinnitus (ringing in the ears), which can indicate more complex medical issues. These conditions are appropriately treated by a physician, preferably a hearing specialist. Further, HADs frequently use medical diagnosis codes to ensure payment from insurance carriers, which conflicts with the medical diagnosis prohibition in the current law. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. This Act also clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree and successful completion of a national licensure examination. This Act clarifies that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act further amends provisions relating to examinations to comport with current practice. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 143
DHA Position: None
Status: Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate

An act to amend Title 18 of the Delaware Code relating to Health Insurance.  This Act makes several changes intended to improve the claims payment process by health insurers. Specifically, the Act: (i) codifies the definition of “clean claim” adopted in Department of Insurance regulations; (ii) requires an insurer to treat erroneously denied claims as timely filed without the provider having to resubmit the claim; (iii) requires carriers that engaged in coordination of benefits verify an insured’s other coverage is effective for the date and type of service associated with the applicable claim before taking any recovery action against a provider; (iv) requires that a carrier who recovers payment from a provider through coordination of benefits and thereafter receives reimbursement for the same claim from another insurer issue notice to the provider of the payment so that the provider may seek payment for the amount recovered; (v) allows a provider 12 months to submit a claim for reimbursement after a retroactive denial by a carrier; (vi) requires prompt payment of clean claims within 30 days and after a successful appeal by a provider from a carrier’s denial of payment, with interest accruing on late payments. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 145
DHA Position: None
Status: Introduced and Assigned to Labor Committee in Senate

An act to amend Title 19 of the Delaware Code relating to Damages for Employment Discrimination.  This Act increases the limits on the dollar amount of awards of compensatory or punitive damages, or both, in cases of employment discrimination, establishing specific caps based on the number of the respondent's employees. This Act also clarifies that the Superior Court may order equitable relief available under Title VII of the Civil Rights Act of 1964, as well as back pay and front pay, which is an award made for the period between the date of judgment and the date of reinstatement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 146
DHA Position: None
Status: Introduced and Assigned to Labor Committee in Senate

An act to amend Title 19 of the Delaware Code relating to Discrimination in Employment.  Under current law, an individual can file a charge of employment discrimination by sending the verified charge to the Delaware Department of Labor (Department). This Act clarifies that a verified charge of discrimination is deemed to be filed on the date it is sent to the Department. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 147
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in Senate

An act to amend Title 19 of the Delaware Code relating to Computer-Related Offenses.  The existing computer crimes of unauthorized access, theft of computer services, misuse of computer system, and destruction of computer equipment contain elements broad enough to include actions employees may take to investigate or document an employer’s violation of state or federal employment laws. In addition to criminal penalties, a civil action for treble damages may be brought against a person who violates these laws. Sometimes, when employees seek to investigate, explore, or pursue employment laws by providing evidence obtained from that employer’s computer systems, an employer will threaten to sue the employee because the employee’s possession of this evidence could be found to be a violation of these computer crimes. Because the potential damages for violating the computer crimes exceeds the compensation the employee would receive if their claim under the employment law is successful, the employee does not pursue their claim. This Act creates a narrow exception to these crimes so that a person is not guilty of a crime under §§ 932, 933, 935, or 936 of Title 11, if all of the following apply: (1) The employee’s actions were only for the purpose of investigating, exploring, or pursuing a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees. (2) Information obtained by the employee was only disclosed for the purpose of investigating, exploring, or pursuing a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees. This Act also clarifies that if an exemption under § 942 of Title 11 applies, a civil action under § 941 of Title 11 cannot be brought against a person for a violation of §§ 932, 933, 935, or 936 of Title 11.
 

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Number: SB 148
DHA Position: None
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An act to amend Title 19 of the Delaware Code relating to the Topical Medical Waste Reduction Act.  This Act allows a practitioner with the authority to prescribe medication to give the unused portion of topical medication used during treatment to a patient upon discharge or the conclusion of the visit. This Act is based on the Model Act created by the American Academy of Ophthalmology, which has been adopted in Illinois. During a procedure, practitioners may use only a few drops or small amount of medication from a container. Because regulations governing the ability to dispense the remaining portion of stock-item medications can be unclear or appear overly burdensome, many facilities do not allow the practitioner to dispense that container to the patient to take home with them. Instead, the practitioner must write a prescription for the patient and the medication that remains in the container is discarded. By allowing patients to take home provider-dispensed medication, this Act reduces waste and health-care costs and by eliminating the extra burden of going to the pharmacy to fill a prescription, this Act will better ensure medication compliance. This Act is known as "The Topical Medical Waste Reduction Act". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 150
DHA Position: None
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An act to amend Title 19 of the Delaware Code relating to Dementia Care Services in Long-Term Care Facilities.  This Act defines dementia care services and activity services, and it requires that all long-term care facilities that offer dementia care services have sufficient staff to meet the needs of each resident, including a sufficient number of dedicated activity staff. This Act also requires that the staff who work with residents receiving dementia care services complete dementia care services training and identifies certain requirements for such training.
 

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Number: SB 151
DHA Position: None
Status: Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate

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.
 

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Number: SB 152
DHA Position: None
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An act to amend Title 16 of the Delaware Code relating to the Rights of Long-Term Care Facility Residents.  This Act expands the rights of long-term care facility residents by ensuring that long-term care facility residents are entitled to care that recognizes cultural differences and preferences and that long-term care facility residents are made aware of their rights in a language and format that is accessible to the resident. This Act also requires the Department of Health and Social Services to prepare a standardized notice listing all rights detailed in § 1121 of Title 16 in a language and format that is accessible to each resident or their authorized representative. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 153
DHA Position: None
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An act to amend Titles 12, 14, 16 and 29 of the Delaware Code relating to Behavioral Health.  This Act makes changes to provisions related to behavioral health and the Division of Substance Abuse and Mental Health to reflect current practices.
 

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Number: SB 158
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in Senate

An act to amend Title 11 of the Delaware Code relating to Address Confidentiality.  This Act permits an individual who is a reproductive health care services provider or employee to apply for participation in Delaware's Address Confidentiality Program, which allows participants to keep their actual address confidential by applying to the Department of Justice for a substitute address to which all mail will be delivered. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 159
DHA Position: None
Status: Introduced and Assigned to Elections & Government Affairs Committee in Senate

An act to amend Title 29 of the Delaware Code relating to the Blood Bank.  This Act removes membership with the Blood Bank of Delaware as a recognized benefit by the State due to changes in policies in how hospitals and insurance companies bill for blood replacement and blood replacement procedures.
 

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Senate Concurrent Resolutions

Number: SCR 3
DHA Position: No Position
Status: Passed in Senate & House

This Senate Concurrent Resolution requests that the Division of Substance Abuse and Mental Health assess the feasibility of replacing the Delaware Psychiatric Center’s (“DPC”) facilities, including gathering input regarding DPC’s current and future needs, and provide a report detailing the findings of this work by December 31, 2023.

 

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Number: SCR 6
DHA Position: None
Status: Passed in Senate & House

This Senate Concurrent Resolution designates the week of February 27 to March 5, 2023, as "Eating Disorders Awareness and Prevention Week" in Delaware and encourages the Department of Health and Social Services to research methods to raise awareness of, prevent, and treat eating disorders.
 

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Number: SCR 7
DHA Position: None
Status: Passed in Senate & House

This Senate Concurrent Resolution recognizes February 28, 2023, as "Rare Disease Day" in Delaware.
 

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Number: SCR 12
DHA Position: None
Status: Passed in Senate & House

This Senate Concurrent Resolution declares that gun violence is a public health crisis, that ending the gun violence devastating Delaware is a policy priority and supporting policy and legislative solutions that will make schools safe, confront armed hate and extremism, prevent suicide, and center and support survivors of gun violence.
 

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Number: SCR 16
DHA Position: None
Status: Passed in Senate & House

This Concurrent Resolution recognizes March 2023 as "Kidney Month" in Delaware.
 

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Number: SCR 17
DHA Position: None
Status: Passed in Senate & House

This Senate Concurrent Resolution recognizes March 2023 as "Colorectal Cancer Awareness Month" in the State of Delaware.
 

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Number: SCR 22
DHA Position: None
Status: Passed in Senate & House

This resolution designates March 26, 2023, as "Epilepsy Awareness Day" in Delaware and calls upon State agencies and the people of Delaware to undertake suitable efforts to increase epilepsy awareness.
 

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Number: SCR 25
DHA Position: None
Status: Passed in Senate & House

This Resolution recognizes April 2023 as "Child Abuse Prevention Month" in the State of Delaware.
 

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Number: SCR 26
DHA Position: None
Status: Passed in Senate & House

This Resolution recognizes April 2023 as "Parkinson's Disease Awareness Month" in the State of Delaware.
 

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Number: SCR 30
DHA Position: None
Status: Passed in Senate & House

This Resolution recognizes April 11-17 2023, as "Black Maternal Health Awareness Week" in Delaware.
 

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Senate Joint Resolutions

Number: SJR 4
DHA Position: None
Status: Ready for Governor’s ActionSigned into Law 8/23/2021

This Senate Joint Resolution designates August 31, 2021 as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.

 

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Senate Resolutions

Number: SR 11
DHA Position: None
Status: Passed in Senate

This Senate Resolution urges our federal delegation to support legislation to deschedule marijuana.
 

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Previous Delaware General Assembly Legislation