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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: Support
Status: Signed into Law 8/16/2023

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.  HA 1 clarifies that after the second absence, the student must be referred to a school-based mental or behavioral health specialist. The amendment also requires the Department of Education to provide the technical ability so the Act can be implemented seamlessly.

 

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Number: HB 4
DHA Position: Support
Status: Signed into Law 8/16/2023

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: HS 1 for HB 5
DHA Position: None
Status: Signed into Law 8/7/2024

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. This House Substitute differs from the original HB 5 in that the deadline for application for a State Plan Amendment is extended to January 1, 2025. It also allows the Department of Education, the administrator of all reimbursements, to retain up to 5% of federal reimbursement dollars in order to defray administrative costs. Remaining funds shall be reimbursed to the local education agencies providing the services.  HA 1 removes the provision allowing the Department of Education to retain 5% of federal reimbursements to defray administrative costs and rephrases the requirement that reimbursements be used for school-based behavioral health programs and services.

 

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Number: HB 5
DHA Position: Support
Status: Substituted 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: Support
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: Support
Status: Stricken 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: No Position
Status: Signed into Law 8/3/2023

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 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.
 

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Number: HB 15
DHA Position: None
Status: Signed into Law 3/21/2024

An Act to amend Title 18 of the Delaware Code relating to Ovarian Cancer.  This Act requires all individual, blanket, and group health insurance policies to cover annual ovarian cancer screening tests for women at risk for ovarian cancer. It further expands the scope of monitoring tests available to women subsequent to ovarian cancer treatment.  HA 1 adds having a family history of breast cancer in a male relative or a personal history of polycystic ovarian cancer to the definition of “at risk for ovarian cancer.” It also strikes references to experimental or investigative services.

 

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Number: HB 16
DHA Position: None
Status: Signed into Law 10/9/2024

An Act to amend Titles 29 & 31 of the Delaware Code relating to Ovarian Cancer.  This Act requires that Medicaid and State employee health plans cover: (1) ovarian cancer monitoring tests for women treated for ovarian cancer; and (2) annual screening tests for women at risk for ovarian cancer.  HA 1 adds a family history of breast cancer in a male relative and a personal history of polycystic ovarian syndrome to the definition of "at risk for ovarian cancer".

 

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Number: HS 1 for HB 17
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act to amend Title 19 of the Delaware Code relating to Sick Time & Safety Leave.  This Act requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. For employers of fewer than 10 employees, the time may be unpaid, job-protected time instead of paid time. Accrued earned sick time and safety leave may be used by the employee for time off with pay at the employee’s same wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee’s family member and other specified purposes. Earned sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. Employers may cap the number of hours earned per year at 40, the carryover from one year to the next at 40 hours, and the maximum earned sick and safety leave an employee has access to at any one time at 40 hours. Employers may require employees to have been employed at least 90 days before they may take earned sick leave and safety time. Employers whose benefits packages already meet the minimum requirements of this Act are not required to offer anything additional. The Department of Labor will promulgate regulations governing operation of the Act and will enforce the provisions of the Act. Employers who violate the Act are subject to civil penalty of no less than $1,000 nor more than $5,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act. Where discrimination or retaliation is found to have occurred a penalty between $1,000 and $5,000 may be applied.  HA 1 clarifies that the law will take effect for those covered by a collective bargaining agreement in effect on January 1, 2027 on the expiration date in the contract or when the contract is subject to renewal/amendment/extension. In this case, the law might not take effect for some unionized employees for many years, if they are covered by a very long contract term.  HA 2 removes closure of a family member’s school or other facility and time to attend school-related functions and events from permissible uses of sick time and safety leave and makes conforming changes.  HA 3 changes the definition of “small business” to “an employer that employed less than 25 employees in this State during the previous 12 months.”  HA 1, HA 2 and HA 3 were placed with the Bill.


 

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Number: HB 17
DHA Position: None
Status: substituted in House

An Act to amend Title 19 of the Delaware Code relating to Sick Time & Safety Leave.  This Act requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. For employers with 9 or fewer employees, the time may be unpaid, job-protected time instead of paid time. Accrued earned sick time and safety leave may be used by the employee for time off with pay at the employee’s same wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee’s family member and other specified purposes. Earned sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. Employers may cap the number of hours earned per year at 40, the carryover from one year to the next at 40 hours, and the maximum earned sick and safety leave an employee has access to at any one time at 40 hours. Employers may require employees to have been employed at least 90 days before they may take earned sick leave and safety time. Employers whose benefits packages already meet the minimum requirements of this Act are not required to offer anything additional. The Department of Labor will promulgate regulations governing operation of the Act and will enforce the provisions of the Act. Employers who violate the Act are subject to civil penalty of no less than $2,000 nor more than $20,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act. Where discrimination or retaliation is found to have occurred a penalty between $20,000 and $50,000 may be applied.
 

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Number: HS 1 for HB 22
DHA Position: None
Status: Adopted in lieu of the original bill HB 22, and Assigned to Education Committee in House

An act to amend Title 11 of the Delaware Code relating to Assault.  School personnel report that school safety is a significant issue that affects whether or not they stay in the profession. This Act makes recklessly or intentionally causing physical injury to an employee, contractor, or subcontractor of a public or private elementary school or secondary school an assault in the second degree. This Act may be cited as “The School Personnel Protection Act”. This Act is a substitute for and differs from House Bill No. 22 by specifying that the person must recklessly or intentionally cause physical injury to the employee, contractor, or subcontractor while on school property or at a school-sponsored event in order for the provision to apply.
 

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Number: HB 24
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 30 of the Delaware Code relating to Charitable Donations and Income Tax Returns.  This Act creates a new charitable donation option on the Delaware income tax return. It allows taxpayers to direct a donation to the SL24: Unlock the Light Foundation out of their state tax refund or in addition to the payment of owed tax. The Foundation works to educate the community to end the stigma, myths, and barriers surrounding mental health and to encourage productive conversations regarding mental health and wellness; provide uninsured and underinsured young people the means to get the critical and ongoing health services they need through the SL24 Mental Health Scholarship program; and provide access to trained Peer24 Team Members, Support Groups, and safe spaces like Sean’s House and Sean’s Rooms; The Act also removes the statutory limitation on the number of charitable funds that may be included on the income tax return.  HA 1 restores the 21 charitable organization limit for the tax return and strikes an existing charitable donation option because that organization has been dissolved.

 

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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: No Position
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: No Position
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: No Position
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 2 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 and Civil Rights 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: HS 1 for HB 55
DHA Position: Support
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. 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: Support
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: Support
Status: Signed into Law 7/26/2023
 

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 changes the application date to December 31, 2024.
 

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Number: HB 64
DHA Position: No Position
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: Signed into Law 6/30/2023

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: No Position
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: No Position
Status: Substituted 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: HS 1 for HB 73
DHA Position: None
Status: Signed into Law 9/14/2023

An Act to amend Title 19 of the Delaware Code relating to Civil Actions to Recover Overpaid Unemployment Benefits.  This House Substitute No. 1 for House Bill 73 provides a 5-year statute of limitations for the Department of Labor to bring civil actions to recover nonfraud overpayment debts and no period of limitations to recover fraud overpayment debts. This portion of the Substitute will apply to overpayment debts for which the statute of limitations has not yet run, which includes those that accrued less than 3 years prior to the enactment of this Act. This Substitute expressly codifies the current law that there is no deadline for the Department to collect overpayment debts by offset of future benefits, by state Department of Revenue offset or by federal Treasury offset of tax refunds, the last of which is mandated by federal law. Finally, this Substitute creates an overpayment waiver program, effective retroactively to the start of the COVID-19 pandemic, to give the Department authority to waive non-fraud overpayments of traditional unemployment benefits resulting from either Department error or claimants receiving certain low-income public assistance.
 

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Number: HB 74
DHA Position: No Position
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: Signed into Law 8/9/2023

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: No Position
Status: Signed into Law 8/3/2023
 

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: No Position
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: No Position
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.  SA 1 deletes Section 1 of House Bill No. 89, which was intended to increase the standard deduction for Delaware income tax purposes.  SA 2 deletes Sections 1 and 3 of House Bill No. 89 to remove the provisions related to the standard deduction for Delaware income tax purposes.  SA 1 & SA 2 were placed with the Bill.



 

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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: No Position
Status: Signed into Law 8/3/2023
 

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.  HA 1 does all of the following: (1) Adjusts a “Whereas” clause for additional considerations to meet the State's climate goals; (2) Adjusts the timing of when DNREC would promulgate offset regulations; (3) Renames the Scientific Committee on Climate Scenarios to the Technical Climate Advisors; (4) Adjusts the list of recommendations by the Department in the Climate Action Plan to include offsets; (5) Requires that the names of the individuals who are Technical Climate Advisors be publicly posted at all times; (6) Adjusts to whom the Climate Action Plan and Climate Action Plan implementation reports are to be sent.

 

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Number: HB 102
DHA Position: None
Status: Signed into Law 6/20/2023

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: Signed into Law 6/20/2023

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: Signed into Law 8/9/2023

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: No Position
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: HS 2 for HB 110
DHA Position: No Position
Status: Signed into Law 9/9/2024

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. Section 2 adds a definition of “religious employer” to Title 18. 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 December 31, 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 requires federal funds to be used for Medicaid services wherever the use of federal funds is allowed and specifies State funds will otherwise be used for covered services; (4) It adds a definition of religious employer and requires a religious employer to cover services when the life or health of the covered individual is at risk; (5) It changes the effective and application dates of the coverage requirements; (6) It caps the benefit at $750 per year per covered individual for Medicaid; and for private insurance it allows the benefit to be limited to $750 per covered individual per year. The bill also makes a technical change by moving the definition of “carrier” out of individual sections of Chapter 5 of Title 29 and into the general definitions section for that chapter.
 

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Number: HS 1 for HB 110
DHA Position: No Position
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 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 110
DHA Position: No Position
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: 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: HS 1 for HB 114
DHA Position: No Position
Status: Signed into Law 8/1/2023

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.  SA 1 requires that certified recovery houses collect and report data on the destinations of former residents who complied with a request to leave or were removed from the certified recovery house. This Amendment also corrects a typographical error and revises § 5102(6) of Title 25 to use the term “certified recovery house” because that is the defined term under § 2201A of Title 16.

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Number: HB 118
DHA Position: No Position
Status: Signed into Law 9/20/2023

An act to amend Title 16 of the Delaware Code relating to the Prohibition of Smoking in Vehicles when a Minor is in the Vehicle.  Due to continuing concerns over the negative health effects secondhand smoke will have on the youth of Delaware, this bill adds Smoking Restrictions within vehicles if a person under the age of eighteen (18) is in the vehicle. Also, it makes clear that a police officer will not stop or detain a car solely on suspicion of having violated this Statute.  HA 1 removes a potential conflict between House Bill 118 and the rest of the Chapter by refining the chapter’s exception to private vehicles.  HA 2 clarifies that State and Local Police have the power to enforce this section of the Code.  SA 1-  House Bill No. 118 prohibits smoking in a vehicle if a person is not the sole occupant of the vehicle and a person in the vehicle is under 18 years of age. This Amendment lowers that age to under 16 years. This Amendment also rewrites House Amendment No. 1 to HB 118. Like HA 1 to HB 118, this Amendment revises the existing exceptions to the Clean Indoor Air Act under § 2904 of Title 16 so that these exceptions do not apply when a passenger in the vehicle is under the age when the restriction under § 2909 of Title 16 applies. In addition, this Amendment makes technical corrections to § 2904 to conform existing law to the standards of the Delaware Legislative Drafting Manual, including all of the following: 1. Uses standard language to introduce and explain the applicability of the paragraphs. 2. Corrects punctuation at the end of each paragraph and adds Oxford commas to lists within paragraphs. 3. Revises the exceptions under § 2904(1) into a list for clarity. 4. Corrects the spelling of the word “fundraising”. 

 

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Number: HB 119
DHA Position: Support
Status: Assigned to Corrections & Public Safety Committee in Senate

An act to amend Title 21 of the Delaware Code relating to Rules of the Road.  Delaware is one of five states that does not have an open container law, which is in direct violation of federal regulations. This Bill bans open containers of alcoholic beverages in motor vehicles and provides a civil penalty for an offense. A violation of this section would not be entered on an individual’s driving record.  HA 1 to HA 1 removes the phrase “or unsealed,” from the prohibition on open containers. HA 2 removes “unsealed” containers or receptacles from the bill’s prohibitions. The prohibition on “open” containers remains

 

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Number: HB 120
DHA Position: No Position
Status: Signed into Law 6/30/2023

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.  SA 2 creates a new penalty scheme for those convicted of the charge of Reckless Driving when it is based on speeding at more than 90 miles per hour.

 

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Number: HS 2 for HB 125
DHA Position: Support
Status: Assigned to Education Committee in Senate

An act to amend Title 14 of the Delaware Code relating to Free School Meals.  This House Substitute bill eliminates any reference to § 4137 in Title 11 since it will remain as a separate section in the Delaware Code. This House Substitute requires all public schools to offer only students who qualify for a reduced-price meal, under the federal School Breakfast Program and National School Lunch Program, a free breakfast and lunch every school day. This House Substitute also eliminates a requirement that all schools and local education agencies, who qualify, must participate in the federal Community Eligibility Provision, under 42 U.S.C. §1759a (a)(1)(F) since there is no such federal mandate. This Act also removes the requirement that a parent or guardian for each student complete a household income form since that requirement is already set forth in this title. This Substitute bill also removes the delayed effective date. This Act will take effect beginning the school year following its enactment.
 

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Number: HS 1 for HB 125
DHA Position: None
Status: Substituted 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 House Substitute differs from House Bill No. 125 in that it requires all schools to only offer students who qualify for a reduced-price meal a free breakfast and lunch every school day as opposed to all students regardless of whether they qualify for a reduced-price meal. This Substitute bill also requires all schools and local education agencies who qualify, to participate in the federal Community Eligibility Provision. 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 10 days after publication in the Register of Regulations of the notice by the Controller General that funds have been appropriated to implement this Act beginning with the 2026-2027 school year.
 

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Number: HB 125
DHA Position: No Position
Status: Substituted 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: No Position
Status: Signed into Law 8/3/2023

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: No Position
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: Support
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: Support
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: No Position
Status: Signed into Law 7/21/2023

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: Vetoed by the Governor 9/20/2024

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.  HA 1 extends the implementation deadline for this Act from July 1, 2024, to July 1, 2025.

 

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Number: HB 150
DHA Position: Support
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 152
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 29 of the Delaware Code relating to the Membership of the State Employee Benefits Committee.  This Act revises the membership of the State Employee Benefits Committee by removing the Delaware retiree appointed by the Governor and adding 2 members who are eligible to receive health care insurance under Chapter 52 of Title 29 under a pension or retirement plan. The President Pro Tem of the Senate and the Speaker of the House of Representatives each appoint 1 of these members. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 154
DHA Position: None
Status: Signed into Law 9/11/2023

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.  HA 1 provides that nonprofit organizations which are dedicated exclusively to preventing and addressing insurance crime are not covered by the Act. This amendment also provides that a consumer has the right to obtain a list of the categories of third parties to which the controller has disclosed the consumer’s personal data.  HA 4 makes changes to certain definition and makes changes to the enforcement provisions.  SA 1 makes the following changes to House Bill No. 154: 1) On lines 104 through 106, amends the definition of “Publicly available information”; 2) On line 124, deletes the reference to “national origin”; 3) After line 163, adds to the list of entities that the Bill does not apply to; 4) After line 203, adds to the list of information and data that the Bill does not apply to; and 5) On line 485, deletes the phrase “collect data directly from consumers” and substitutes “collect consumer data.” 



 

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Number: HB 160
DHA Position: None
Status: Substituted 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: HS 1 for HB 160
DHA Position: None
Status: Substituted 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. This Act is a substitute for House Bill No. 160. Like House Bill No. 160 this Act does the following: (1) Created the Behavioral Health Crisis Services Board (“Board”) to provide oversight and input on the development of an integrated behavioral health crisis care system in this State. (2) Imposes a behavioral health crisis intervention services surcharge on business and residential telephone services, wireless telephone services, and prepaid wireless telephone services. The surcharge will create a dedicated funding source for behavioral health crisis services. The Behavioral Health Crisis Intervention Services Fund is created to receive the surcharge funds. Specifically, this Act establishes a 60-cent per month per line fee on phone lines and a 60-cent one-time fee on prepaid services. This Act differs from House Bill No. 160 as follows: (1) Models the behavioral health crisis intervention services surcharge after the existing E-911 surcharge and prepaid wireless E911 surcharge created under Chapter 101 of Title 16 of the Delaware Code. (2) Removes the creation of the Behavioral Health Crisis Communication Center and instead directs the Board to develop and recommend a plan for establishing, operating, and maintaining a behavioral health crisis communications center. The Board must submit the plan to the Governor and General Assembly within 12 months from the effective date of this Act. (3) Makes changes to the definition of “mobile crisis team”. (4) Makes changes to the composition of the Board to add the Executive Director of the Ability Network of Delaware and the Executive Director of each of Delaware’s Lifeline Centers. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
 

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Number: HS 2 for HB 160
DHA Position: None
Status: Signed into Law 8/16/2023

An Act to amend Title 16 of the Delaware Code relating to 988 Behavioral Health Crisis Intervention Services.  The National Suicide Hotline Designation Act of 2020 established 988 as the universal phone number for "the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline." This Act provides the framework to maximize the benefits of 988 and provide crucial support to Delawareans in need through the implementation of a practical, modern, and comprehensive, integrated crisis care system. This Act is a second substitute for House Bill No. 160. Like House Bill No. 160 this Act does the following: (1) Created the Behavioral Health Crisis Services Board (“Board”) to provide oversight and input on the development of an integrated behavioral health crisis care system in this State. (2) Imposes a behavioral health crisis intervention services surcharge on business and residential telephone services, wireless telephone services, and prepaid wireless telephone services. The surcharge will create a dedicated funding source for behavioral health crisis services. The Behavioral Health Crisis Intervention Services Fund is created to receive the surcharge funds. Specifically, this Act establishes a 60-cent per month per line fee on phone lines and a 60-cent one-time fee on prepaid services. Like House Substitute No. 1 to House Bill No. 160, this Act does all of the following: (1) Models the behavioral health crisis intervention services surcharge after the existing E-911 surcharge and prepaid wireless E911 surcharge created under Chapter 101 of Title 16 of the Delaware Code. (2) Removes the creation of the Behavioral Health Crisis Communication Center and instead directs the Board to develop and recommend a plan for establishing, operating, and maintaining a behavioral health crisis communications center. The Board must submit the plan to the Governor and General Assembly within 12 months from the effective date of this Act. (3) Makes changes to the definition of “mobile crisis team”. (4) Makes changes to the composition of the Board to add the Executive Director of the Ability Network of Delaware and the Executive Director of each of Delaware’s Lifeline Centers. This Act differs from House Substitute No. 1 to House Bill No. 160 as follows: (1) Exempts State government from the behavioral health crisis intervention services surcharge. (2) Removes a provision that would permit an increase in the behavioral health crisis intervention services surcharge collected for prepaid wireless telecommunication services if the General Assembly increased the behavioral health crisis intervention services surcharge collected for residential and business telephone service, wireless service, and nontraditional communication service. (3) Removes the “crisis intervention service” definition. (4) Removes "Providing crisis intervention services." from the list of eligible expenditures for the Behavioral Health Crisis Intervention Services Fund and replaces it with "Establishing, operating, or contracting for crisis teams for adults and children.". 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: Signed into Law 7/21/2023

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: No Position
Status: Substituted 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: HS 1 for HB 162
DHA Position: None
Status: Signed into Law 5/16/2024

An Act to amend Titles 9, 12, 16, 24 and 29 of the Delaware Code relating to Human Remains.   House Bill 162 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 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. This Substitute No. 1 to HB 162 adds requirements to those already set forth in HB 162 for natural organic reduction facilities and changes the permissible chemical limits for final remains after natural organic reduction. This Substitute also sets forth circumstances that preclude remains from being admitted to a natural organic reduction facility. This Substitute defines “final remains” and “last remains” identically in Title 12 of the Delaware Code to allow for the use of either phrase throughout that Title. This Substitute also makes typographical and technical corrections to conform existing and drafted law to the standards of the Delaware Legislative Drafting Manual.   HA 3 deletes the restriction on remains that were previously embalmbed. This Amendment deletes a restriction on remains that the Board of Funderal Services determines are or are reasonably believed to be carrying a viral or other health risk, and adds a restriction on remains from an individual who had or is suspected of having a viral or other health risk that the Division of Public Health determines may not be eliminated in the process of natural organic reduction. This Amendment also makes additional technical changes to correct drafting errors.  




 

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Number: HB 170
DHA Position: None
Status: Assigned to Appropriations 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 171
DHA Position: No Position
Status: Signed into Law 7/21/2023

This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every three years. Existing statutory authorization to collect fees sunsets on December 31, 2023. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2024-2026, the total fee will be comprised of a base fee, user fee, and program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2024 through 2026, at which point the authority sunsets and would need to be reauthorized.
 

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Number: HB 175
DHA Position: None
Status: Out of Committee in House

This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide.
 

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Number: HB 176
DHA Position: No Position
Status: Signed into Law 8/9/2023

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 177
DHA Position: No Position
Status: Signed into Law 6/30/2023

An Act to amend Title 29 of the Delaware Code relating to Compassionate Leave.  This bill increases the amount of Compassionate Leave for eligible employees of the State upon the death of an immediate family member.  HA 1 removes Section 2 of House Bill No. 177.
 

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Number: HB 182
DHA Position: None
Status: Signed into Law 7/31/2023

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: Signed into Law 7/31/2023
 

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.  HA 1 clarifies that there is to be a connection between the child’s exposure to, consumption of, or inhalation of a controlled substance that is not prescribed to the child by a physician or of a prescription drug that is not a controlled substance but for which a prescription is required and the child’s death, serious physical injury, physical injury, or period of altered mental or physical state.
 

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Number: HB 184
DHA Position: No Position
Status: Signed into Law 7/25/2023

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.  HA 1 clarifies that the employer has the option to request verification from the employee in order for the employee to receive accommodations.

 

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Number: HB 185
DHA Position: None
Status: Signed into Law 9/21/2023

An Act to amend Title 29 of the Delaware Code relating to Health Care Insurance & Elimination of the State Share Waiting Period.  This legislation prioritizes recruitment and retention of State employees by removing the 3-month waiting period for the state to pay its share of premium or subscription charges for health care coverage under § 5202 of Title 29 for benefit eligible state employees hired on or after January 1, 2024 by revising the definition of a “regular office or employee.”
 

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Number: HB 186
DHA Position: None
Status: Signed into Law 10/18/2023

An Act to amend Title 11 of the Delaware Code relating to Individuals Required to Register as Sex Offenders for Acts Committed when they were Children.  This Act makes changes to the requirements for placement on the sex offender registry of individuals who are adjudicated delinquent of certain offenses. First, it reduces the number of offenses for which placement on the sex offender registry is mandatory and the Family Court has no discretion to relieve a person adjudicated delinquent from the requirement or to reduce the tier assigned. Mandatory registration is still required for all degrees of rape (first through fourth) and conspiracy or attempt to commit any degree of rape. This Act will also allow an individual placed on the registry to petition the Family Court to be relieved from the registration or placed on a lower tier, either at the conclusion of any required treatment or after the passage of 2 years for most offenses, or after the passage of 5 years for those offenses that still require mandatory registration. The ability to petition for a registry review hearing after the mandated review period will apply to anyone placed on the registry because of a juvenile delinquency adjudication, regardless of the date of that adjudication.  HA 1 ensures that violations of 11 Del. C. § 776 and § 778 are offenses for which placement on the sex offender registry is mandatory.
 

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Number: HS 1 for HB 193
DHA Position: Support
Status: Signed into Law 9/21/2023

An Act to amend Titles 14 and 16 of the Delaware Code relating to Concussion Protection in Youth Athletic Activities.  In 2016, the General Assembly passed HB 404, the Concussion Protection in Youth Athletic Activities Act (CPYAAA). This Act clarifies the requirements of CPYAAA and enables the Division of Public Health, in consultation with the State Council for Persons with Disabilities, to promulgate regulations to broadly implement the Act. This Amendment adds the requirement for non-scholastic athletic activity organizations to develop policies and procedures for advising athletes, coaches, officials, parents, and guardians of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion, as well as providing information about returning to academic and athletic events or activities after sustaining a concussion.
 

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Number: HB 193
DHA Position: None
Status: Substituted in House

An Act to amend Title 16 of the Delaware Code relating to Concussion Protection in Youth Athletic Activities.  In 2016, the General Assembly passed HB 404, the Concussion Protection in Youth Athletic Activities Act (CPYAAA). This Act clarifies the requirements of