Delaware Bills

passed both · Delaware · Senate Jun 25, 2024

SCR 197: RECOGNIZING THE MONTH OF JUNE 2024 AS MYASTHENIA GRAVIS AWARENESS MONTH IN THE STATE OF DELAWARE.

This bill designates June 2024 as Myasthenia Gravis Awareness Month in Delaware to highlight a neuromuscular disorder that causes muscle weakness and fatigue. The resolution aims to increase public understanding of the condition's symptoms, such as drooping eyelids and breathing difficulties, to encourage early detection and support for affected individuals. By officially recognizing this month, the state intends to draw attention to the disease and the advocacy work of organizations like the Muscle Movement Foundation.

in committee · Delaware · House Jun 25, 2024

HB 438: AN ACT TO AMEND TITLES 13 AND 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This Act makes changes to the Paid Family and Medical Leave Program. It removes the employer as the party responsible for making eligibility determinations and claims decisions and instead reallocates this responsibility to the Department of Labor and gives the Department authority to enter into contracts with other entities to review and adjudicate claims for benefits. This Act makes other changes throughout Chapter 37 of Title 19 concerning eligibility criteria and requirements for the Paid Family and Medical Leave Program. It clarifies that schools are not exempt from being considered employers; clarifies that family leave benefits are not payable for time taken after the death of an individual for whom an employee is on approved family leave; removes the ability of employers with fewer than 25 employees to elect to provide reduced parental leave; removes a provision that results in the aggregation and potential capping of benefits for employees who work multiple jobs with the potential for employees to pay more in contributions and receive less in benefits than they would otherwise be due; requires the Department to set contribution rates, statewide average weekly wages, and maximum benefits; removes a provision authorizing employers to require that payment be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of disability or family care leave under a collective bargaining agreement or employer policy; removes a provision allowing employers to require employees to use accrued paid time off before accessing family and medical leave benefits and count that accrued paid time off toward the total length of leave allowed under Chapter 37 of Title 19; authorizes an employee an option to use a private review process of a private plan’s denial of benefits prior to appealing to the Department; clarifies that denials of claims are subject to the appeal provisions of the Administrative Procedures Act; and clarifies that employers who violate the requirements of Chapter 37 of Title 19 are subject to a penalty only where the violation is due to wilful misconduct or gross negligence. This Act makes changes to ensure that child support obligations are fulfilled and benefit checks account appropriately for child support deductions and to allow the Department to make garnishments to enforce judgments obtained under this chapter. This Act also updates relevant sections of Title 13 to allow for child support deductions of PFMLA benefits as appropriate. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Jun 25, 2024

SB 333: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEX OFFENDER COMMUNITY NOTIFICATION.

This Act eliminates the requirement that a school, school district, or licensed child care provider keep community notifications in a binder. Instead, schools, school district, or licensed child care providers are required to provide all of the following information upon request by staff, faculty, or a legal guardian: 1. Notification that searchable records available to the public can be obtained at a police agency or the Delaware State Bureau of Identification (“SBI”). 2. Notification that the public can register for community notifications on the Delaware Sex Offender Central Registry website. 3. The URL for the Delaware Sex Offender Central Registry website. Additionally, the school, school district, or licensed child care provider must post the information on its website. If it does not have website, then the school, school district, or licensed child care provider must send the information to staff, faculty, and a legal guardian of an enrolled child in writing at least annually. The Act also clarifies that sex offender registry information must be available on the Internet on the Delaware Sex Offender Central Registry website. The requirement that schools, school districts, and licensed child care providers keep binders was enacted in 2002, based on recommendation from the Community Notification Task Force that schools have a role in community awareness. However, this requirement has created financial, administrative, and emotional burdens for staff who maintain the binders. The binders are rarely reviewed by the public and they do not necessarily provide up-to-date information or information on sex offenders in the immediate geographic area of the school, school district, or licensed child care provider. Additionally, in its March 31, 2002, report, the Community Notification School Task Force found that schools do not have the expertise to answer inevitable questions regarding the nature of particular offenses or the risk posed by particular offenders, and that it is not an appropriate role for educators to answer those questions. Federal Sex Offender Registration and Notification Act (“SORNA”) guidelines require law enforcement to keep a registry of sex offenders and to provide public notification. Specifically, the guidelines require law enforcement to notify schools, but do not require schools to provide access to sex offender records. Instead, federal law enacted in 2006, 34 U.S.C. § 20920, requires states to provide public access to sex offender registry information on the Internet. The SBI maintains the Delaware Sex Offender Central Registry on its website, which allows the general public to find information about registered sex offenders by searching the offender’s information or by searching in a geographic radius. The website also allows the public to sign up for e-mail notifications regarding sex offenders who appear on the website. The website is updated every Friday. It is easily accessible to most of the public, including on computers at public libraries. Additionally, the public can request sex offender registry information in-person at a Delaware State Police troop. The public also can call the SBI for information. Certain municipal police agencies, such as the City of Dover Police Department and the Newark Delaware Police Department, also provide access to community notifications for offenders located in the municipality on the agency’s website. Law-enforcement agencies are better equipped than schools or licensed childcare providers to answer questions about the registry. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Jun 25, 2024

SB 334: AN ACT TO AMEND TITLE 11 AND TITLE 28 OF THE DELAWARE CODE RELATING TO THE UNLAWFUL DISCHARGE OF FIREARMS.

This bill amends Chapter 5, Title 11 of the Delaware Code related to the unlawful discharge of firearms within the State. The bill recognizes the potential danger of such discharges which occur during target shooting and other related firearm skill events when in proximity to neighboring residences and businesses, thereby increasing the risk of injury or death. The bill includes language to allow discharge of firearms under certain conditions, including the use of an artificial or natural barrier, allows for less required distance for archery equipment, and exempts lands designated as training areas by the Department of Natural Resources, the Delaware National Guard, the Department of Corrections, or other law enforcement agency which are primarily used for the training of firearms and firearm safety. This bill is consistent with safety zone language associated with legal hunting as stated in Title 7 of the Delaware Code § 723. This bill also repeals § 903 of Title 28 of the Delaware Code related to the regulation of shooting galleries.

passed both · Delaware · Senate Jun 25, 2024

SCR 192: COMMEMORATING THE 30TH ANNIVERSARY OF THE DELAWARE CENTER FOR THE INLAND BAYS.

This Senate Concurrent Resolution commemorates the 30th anniversary of the Delaware Center for the Inland Bays, an organization established in 1994 to protect and restore the state's Inland Bays watershed. The bill formally recognizes the center's three decades of work with partners to preserve water quality, restore shorelines, and educate the public about local ecosystems. It does not create new laws or alter existing policies but serves as a ceremonial acknowledgment of the center's contributions to environmental conservation in Delaware.

signed · Delaware · Senate Jun 25, 2024

SB 20: AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 187 OF VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO DONATED LEAVE.

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

passed · Delaware · House Jun 25, 2024

HB 192: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PROFICIENCY ON STUDENT ASSESSMENTS.

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

passed both · Delaware · House Jun 25, 2024

HCR 154: RECOGNIZING SEPTEMBER 2024 AS SICKLE CELL DISEASE AWARENESS MONTH IN THE STATE OF DELAWARE.

This legislative resolution designates September 2024 as Sickle Cell Disease Awareness Month in Delaware to highlight the health condition and its impact on the community. The document provides background information on the disease, noting that it affects over 3,000 residents in the state and that the vast majority of patients are from minority backgrounds. It also mentions current efforts by local healthcare providers and a planned statewide data collection program to improve care and policy. Ultimately, the bill serves as a formal acknowledgment rather than a law that changes funding or medical procedures.

passed both · Delaware · Senate Jun 25, 2024

SB 15: AN ACT PROPOSING AN AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.

The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act is the first leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16, as introduced, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement: (1) The Department of Education. (2) The Department of Military Affairs / Delaware National Guard. (3) The Office of Management and Budget. (4) The Department of Health and Social Services. (5) The Department of Natural Resources and Environmental Control. (6) The Department of Agriculture. (7) The Department of Safety and Homeland Security. (8) The Department of Finance. (9) The Department of Transportation. (10) The Department of Labor. (11) The Delaware State Housing Authority. (12) The Department of State. (13) The Department of Correction. (14) The Department of Services for Children, Youth and Their Families. (15) The Department of Technology and Information. (16) The Department of Human Resources. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Jun 24, 2024

HB 445: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REVERSE KEYWORD SEARCHES AND COURT ORDERS.

Reverse keyword court orders enable the government to obtain technology search data without identifying any specific person as to which there is probable cause to believe they have committed or will imminently commit a crime. The profusion of electronic devices and apps in recent years has allowed recordation of numerous details of citizen’s everyday lives, that the government should not be permitted to collect and review at will. Such general searches allow the government to sweep in personal information about hundreds or thousands of people who are not suspected of having committed any crime. These searches are an invasion of privacy, have a potentially chilling effect on civil liberties, and sidestep requirements for individualized suspicion that are otherwise required for a lawful search. This Act would prohibit law enforcement and courts from requesting, issuing, or enforcing reverse-keyword court orders and reverse keyword requests. It also creates a private right of action for an individual whose personal information was obtained in violation of this Act and requires the suppression of evidence derived from an unlawful or reverse-keyword search.

in committee · Delaware · Senate Jun 21, 2024

SB 191: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE FAIRNESS IN GIRLS’ SPORTS ACT.

This Act generally requires a student athlete to compete for athletic teams or in sports associated with their biological sex, as determined at or near birth and based on the student’s birth certificate or other government record if a birth certificate is unobtainable. An exception is permitted to allow female athletes to compete in male sports if a corresponding female sport is not available. To facilitate this Act, a school district, charter school, or Delaware Interscholastic Athletic Association member school must designate an athletic team or sport sponsored by the school district, charter school, or Delaware Interscholastic Athletic Association member school based on the biological sex of students.

in committee · Delaware · House Jun 21, 2024

HB 427: AN ACT TO AMEND TITLES 6 AND 11 OF THE DELAWARE CODE RELATING TO HOME CONSTRUCTION CONTRACTS.

This Act protects consumers by regulating home improvement contracts. Among other things, this Act provides the buyer with a right to cancel home improvement contracts within 3 days (5 days for those over the age of 62 or with a disability); limits contract deposits and material deposits; and time periods in which construction must begin. It also prohibits confessions of judgments and hasty debt transfers. Where the court finds a party to a home improvement contract wilfully violates a provision of this new subchapter, the court must award to the prevailing party costs, expenses, and reasonable attorneys’ fees. This Act also creates a requirement that individuals convicted of 2 or more offenses of home improvement fraud after January 1, 2025, must be subject to debarment. This debarment will preclude these individuals from operating a business which engages in home improvement services or from employing other individuals to engage in home improvement services. Debarred individuals may work for a company which engages in home improvement themselves, so long as they are not in control of the company in question. This bill also enhances penalties for home improvement fraud for those with prior convictions for home improvement fraud; and creates enhanced penalties for individuals who engage in home improvement services while operating companies which are not registered with the Delaware Department of Labor’s Contractor Registry. This Substitute differs from the original House Bill No. 427 in that it eliminates original lines 156-181 which contained sentencing enhancements that the Act would otherwise have added for those convicted of home improvement fraud who are found not to have complied with the home improvement protections set forth in Chapter 36 of Title 19. It changes the definition of “debarment” in original line 113 and “qualifying conviction” in original lines 131-133 to provide greater clarity. It changes the enhanced penalties for violations of home improvement fraud from those set forth in original lines 137-143.

Bill results