This Act requires crisis pregnancy centers in this state to provide notice if the center is not licensed by this state as a medical facility and does not have a licensed medical provider who provides or directly supervises, in person, the provision of services. A violation of this Act is an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II, Chapter 25 of Title 6.
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.
This bill enables the Delaware Nutrient Management Commission to regulate the application of nutrients to turf by commercial nutrient handlers. The law excludes athletic fields, golf courses, and land used in the production for sale of sod or seed and only applies to commercial nutrient handlers who are paid to apply such nutrients. This bill decreases the threshold of serviced acreage for which commercial nutrient handlers would need a certification to apply nutrients to turf. Allowing the Commission to oversee such conduct will further ensure that Delaware’s waterways are continually improved and maintained to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Section 1 of the bill grants the Commission the authority to regulate the application of nutrients to turf and defines turf. Section 2 of the bill broadens the Commission’s pool of potential officers to any appointed member not just the five appointed by the Governor. Section 3 of the bill provides greater detail as to whom the Commission regulates regarding turf and when, as well as setting forth constraints as to when and how certain nutrients can be applied. The commission will reduce the threshold for regulated commercial nutrient handlers from 10 acres of service area to ¼ acre (10,890 sq ft). The definition of commercial nutrient handler is expanded. The requirement of a nutrient management plan is eliminated for areas falling within these newly established constraints. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Like Senate Bill No. 301, this Act, Senate Substitute No. 1 for Senate Bill No. 301 requires public universities in this state to provide access to medication for the termination of pregnancy and emergency contraception. The medication and contraception must be provided on-site, but consultation to provide them may be performed by a provider at the student health center or by a provider who is associated with a university-contracted external agency. This Act takes effect on July 1, 2025. Senate Substitute No. 1 for Senate Bill No. 301 differs from SB 301 as follows: - Defines the term "student." - Provides an exception for a university that does not have a student health center, including requirements that the university provide information and referral services to students and ensure that the university's health services website provides specified information relating to reproductive services. - Adds a requirement that universities maintain confidentiality of information a student provides relating to a request for a referral. - Removes references to private institutions of postsecondary education.
The Delaware Medical Orders for Scope of Treatment “DMOST” was enacted in 2016 under HB 64 (148th). The DMOST form allows Delawareans to plan ahead for health-care decisions, express their wishes in writing, and both enable and obligate health care professionals to act in accordance with a patient’s expressed preferences. A DMOST form is different than an Advance Health-Care Directive because a DMOST form contains portable medical orders that respect the patient’s goals for care in regard to the use of CPR and other medical interventions. Currently, DMOST is being underutilized, despite efforts by advocates and the creation of a statewide, electronic registry for DMOST forms hosted by the Delaware Health Information Network (DHIN). This Act will improve the utilization of DMOST forms by health-care practitioners, health-care providers, emergency-care providers, and patients and their families by creating a DMOST Program at the Department of Health and Social Services (DHSS). This Act expands upon DHSS’ current responsibilities under DMOST by doing all of the following: 1. Providing ongoing education and training for health-care practitioners, health-care providers, emergency-care providers, and patients and their families. 2. Maintaining a website for information and education about DMOST. 3. Working with the DHIN to maintain the electronic registry. 4. Coordinating with the National POLST Collaborative regarding current best practices and research. (POLST, which stands for Physician Orders for Life-Sustaining Treatment, was the name given to the first tool developed for honoring patients' wishes for end of life treatment in 1991.) 5. Creating a DMOST Steering Committee, consisting of a broad group of stakeholders, to evaluate and improve the DMOST Program and the use of DMOST forms. The DMOST Steering Committee must produce an annual report containing data about the use of DMOST forms, trainings, public education and outreach, and current challenges and recommendations to improve the DMOST Program. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act removes “supervision” from the scope of practice of a master’s social worker. This Act also prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. The Board of Social Work Examiners (Board) determined that a master’s social worker lacks the education and experience needed to provide clinical supervision. Under this Act, an applicant for licensure as a licensed clinical social worker may still obtain supervision from a licensed psychologist or licensed psychiatrist where a licensed clinical social worker is not available, under the Board’s rules and regulations. This Act also adds a grandfathering provision so that an applicant or licensed clinical social worker who started or completed supervision with a master’s social worker on or before the enactment date of this Act satisfies the supervision requirement under § 3907(b)(4) of this title as long as the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title. The grandfathering provision also allows a master’s social worker who is supervising an applicant as of the enactment date of this Act to continue supervision under the applicant completes the 2-year supervised experience requirement.
This Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states. This Act also strikes outdated language in the Consumer Fraud Act requiring cases to be filed in specific counties, as the Superior Court and the Court of Chancery have both eliminated their historical county filing requirement. Additionally, this Act fixes inconsistencies with the Summary Cease and Desist Order process, by clarifying that an alleged violator must request a hearing in order to trigger the Division of Consumer Protection’s obligation to hold a hearing. This Act further clarifies the Summary Cease and Desist Order process, such as by making explicit the alleged violator’s right to postpone a hearing and final order, changing the various 10 day requirements to 15 business days, and removing the requirement for a complaint to accompany the original summary cease and desist order.
This Act is a substitute for Senate Bill No. 174. Like Senate Bill No. 174, this Act adds Justices of the Peace, Commissioners in Superior Court, Family Court, and Court of Common Pleas, and Magistrates in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Members of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Magistrates in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Magistrates in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act also increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act also establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Magistrate in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act also includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. Like Senate Bill No. 174, this Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then. This Act differs from Senate Bill No. 174 as follows: (1) By updating the title “Master in Chancery” to “Magistrate in Chancery”, based on the passage of Senate Bill No. 179 (152nd General Assembly). (2) By changing the definition of “Commissioner” to define the term based on the Code sections authorizing the appointment of a Commissioner, rather than the powers of a Commissioner. (3) By clarifying that a Justice of the Peace, Commissioner, or Magistrate in Chancery who qualifies for the State Judicial Pension Plan on the effective date of this Act and elects to be covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period. (4) By renaming the title of Chapter 56, Title 29 of the Delaware Code to reflect changes made by this Act. (5) By changing the effective date of this Act to January 1, 2025.
This Act changes Delaware’s law related to liability insurance for rental vehicles. Under the Act, the minimum level of coverage required for a vehicle owner’s policy of liability insurance under § 2902 of this title is also required for a vehicle owner’s rental of a vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act allows for the delivery of alcoholic liquors from a restaurant, brewpub, tavern, taproom, or other entity with a valid on-premise license. In addition, this Act provides that the acts of a licensed consumer delivery permittee or a delivery driver are not attributable to the retailer.
This Act amends Delaware Code provisions which govern the Delaware Health Facilities Authority (DFHA). The changes to Sections 9203(6) and 9205 confirm that the DHFA’s purpose and authority is to finance projects in the State of Delaware and not elsewhere. The change to Section 9204(a) confirms that appointed members of the DHFA “hold over” following the expiration of their terms until their successors have been appointed and accepted appointment, addressing a practical issue that has arisen previously. The change to Section 9204(b) cures an arguable ambiguity, clarifying that appointed members of the DHFA also may hold positions as DHFA officers. The change to Section 9208 corrects a minor technical error.
This Act clarifies the Auditor of Account’s duties and powers by amending § 2901 of Title 29 to define “audit” to include performance audits, and by amending §§ 2906 and 2909 of Title 29 to change "postaudit" to "audit." This Act also clarifies that audits must be conducted using standards issued by the U.S. Government Accountability Office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
