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in committee · Delaware · House May 22, 2024

HB 394: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH PLANNING AND RESOURCES MANAGEMENT.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Delaware Health Resources Board, which this Act renames the Delaware Health Resources Advisory Board ("Advisory Board"). Based on the research, review, and discussion of both the JLOSC and a task force created to assist the JLOSC's research, JLOSC approved recommendations to change the Advisory Board into an advisory council and move the Advisory Board's decision-making authority to the Delaware Health Care Commission's executive director. In addition to those approved recommendations, this Act also implements JLOSC's approval to amend the Advisory Board's statute in the following ways: - Renames the certificate of public review process to the nationally-recognized name of "certificate of need." - Clarifies procedures and review considerations, including removing the Health Resources Management Plan ("Plan") and codifying relevant sections of the Plan. The Plan will be replaced by a statewide health-care facility utilization study, be conducted on a biennial basis, and include utilization information to process certificate of review applications. - Adjusting for inflation, updates the monetary threshold that triggers the requirement for a certificate of need application. The monetary threshold has not been updated since 2007. - Removes references to the Bureau of Health Planning and Resources Management, because staff support was transferred in 2012 to the Delaware Health Care Commission and DHSS, Office of the Secretary. This Act takes effect 6 months after the date of enactment. This Act does not apply to applications that are submitted before the enactment date of this Act.
passed both · Delaware · House May 22, 2024

HCR 139: RECOGNIZING THE MONTH OF JUNE AS NATIONAL HOMEOWNERSHIP MONTH IN DELAWARE.

This bill designates June 2024 as National Homeownership Month in Delaware to highlight the importance of home ownership for families and communities. It does not change any laws or create new programs but serves as a formal acknowledgment of the state's existing housing initiatives and economic goals. The resolution cites statistics on housing affordability and recent assistance programs to underscore the need for continued support in helping residents become homeowners.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Stell Selby (D)
in committee · Delaware · House May 22, 2024

HB 244: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FUNDING FOR ATHLETIC TRAINERS.

This Act directs phased in unit funding for every school or district to have an athletic trainer. A school or district with less than 3 sports teams must submit an application to the Department of Education should it wish to receive partial funding for an athletic trainer position. The State Board of Education may review any objection to the Department’s decision.
Tim Dukes (R) Bryan Shupe (R) Stell Selby (D) Ron Gray (R) Nicole Poore (D)
in committee · Delaware · Senate May 21, 2024

SB 224: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A FIREARM IN A SAFE SCHOOL ZONE.

This Act exempts an employee of a private school from the Safe School Zone law if the employee is designated by the employee’s private school employer to provide security for the school and the employee holds a Delaware concealed carry permit. This Act also makes technical corrections to conform to existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Wilson (R) Frank Cooke (D) Tim Dukes (R) Rich Collins (R) Stell Selby (D)
passed both · Delaware · Senate May 21, 2024

SCR 169: RECOGNIZING MAY 22, 2024 AS NATIONAL MARITIME DAY.

This bill designates May 22, 2024, as National Maritime Day within the State of Delaware. It serves as a commemorative resolution honoring the historical and economic importance of the maritime industry to the nation and the state. The measure does not create new laws or alter existing policies but simply officially recognizes the date for observance.
Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Bill Carson (D) Stell Selby (D)
in committee · Delaware · House May 21, 2024

HB 413: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE OFFICER ARREST POWERS.

This Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables a police officer to make arrests for certain serious offenses committed in the officer's presence when the officer is off-duty, if the officer is operating a police vehicle equipped with emergency lights and a siren. (2) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence, reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (3) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 permitted motor vehicle offenses, the registration number, description, and number of occupants of the vehicle. (4) Enables an off-duty police officer to make an arrest at any location in the State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.
Frank Cooke (D) Shannon Morris (R) Valerie Giltner (R) Bill Carson (D) Stell Selby (D)
passed both · Delaware · House May 21, 2024

HCR 136: PROCLAIMING THE WEEK OF MAY 19TH THROUGH MAY 25, 2024, AS DELAWARE GROWN WEEK.

This concurrent resolution proclaims the week of May 19-25, 2024, Delaware Grown Week. Ten years ago, the General Assembly first partnered with the Delaware Department of Agriculture to establish this annual observation to facilitate better, healthier relationships between Delaware farmers and local consumers. Delaware Grown Week is celebrated annually, the third full week of May. Successful passage of this resolution will continue this worthy collaboration.
in committee · Delaware · House May 21, 2024

HB 415: AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE EXPERIENCING HOMELESSNESS.

This Act ensures 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, many of which are existing constitutional rights, 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 law enforcement Internal Affairs if necessary. These entities already exist and administer Delaware’s Fair Housing and Equal Accommodations laws. This act is intended to prohibit discrimination on the sole basis that one is experiencing homelessness. It does not give preferential treatment to those experiencing homelessness, but merely prohibits discriminatory treatment. The complaint process requires that conciliation is attempted before a public hearing is held, as set forth in lines 151-160 and 167-169. This Act is a successor to House Bill No. 55, and differs from that bill in the following ways: 1) The new Chapter it creates is entitled “Anti-Discrimination Provisions for Individuals Experiencing Homelessness” instead of “Bill of Rights for Individuals Experiencing Homelessness.” 2) Defines the term reasonable search. 3) Expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home. 4) Eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code. 5) Clarifies that the right to seek or maintain housing does not preclude or limit a municipality’s enforcement of its housing, building, and sanitation laws. 6) Changes the right to occupy a motor vehicle or recreational vehicle, provided that the vehicle is legally parked "on public property" to "in a public parking lot." 7) Confirms that the right to be free from discrimination by landlords on the basis of experiencing homelessness does not preclude a landlord’s consideration of any other factor that is permissible under State or federal law. 8) Removes the provision that the Commission and the Division may consult with state, county, and municipal officials, and other interested parties, to learn the extent, if any, to which discriminatory acts exist in the State, county, or municipality, and whether and how state, county, or municipal enforcement programs might be utilized to combat the discrimination. 9) Mandates reporting on the Division's educational activities. 10) Provides that upon preliminary confirmation that the party alleged to have engaged in a discriminatory act is a law enforcement officer or law enforcement agency, the Division shall refer the matter to the applicable Internal Affairs department (instead of the Department of Justice) for further appropriate investigation and resolution. 11) Provides that the Commission shall issue an annual report identifying organizations who has committed three or more substantiated violations of § 4504A of this title in a 12 month period. 12) Clarifies that judicial review is done in accordance with the Administrative Procedures Act. 13) Provides respondents with a cause of action for damages, including attorneys’ fees, costs, and punitive damages, against a complainant who abuses the process set forth in the act.
passed both · Delaware · House May 21, 2024

HCR 137: RECOGNIZING MAY 2024 AS "FOSTER CARE MONTH" IN THE STATE OF DELAWARE.

This bill designates May 2024 as "Foster Care Month" in Delaware to honor the contributions of foster families and raise awareness about the foster care system. It directly affects foster parents, the children they care for, and the broader community by encouraging recognition and support for these families throughout the month. The measure does not change any laws or funding but serves as a symbolic gesture to highlight the importance of foster care and the dedication of those involved.
passed both · Delaware · House May 21, 2024

HCR 129: RECOGNIZING THE HISTORIC SACRIFICES AND ONGOING CONTRIBUTIONS OF DELAWARE’S DIRECT SUPPORT PROFESSIONALS SERVING VULNERABLE ADULTS WITH INTELLECTUAL/DEVELOPMENTAL DISABILITIES.

This resolution recognizes the importance and expertise of Direct Support Professionals to the State of Delaware on the occasion of May 21st as “Direct Support Professional” Advocacy Day, co-sponsored by the Ability Network of Delaware A Team Delaware.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Sherry Dorsey Walker (D)
in committee · Delaware · Senate May 20, 2024

SB 23: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO HOUSING.

Accessory dwelling units (ADUs), also known as in-law units or garage apartments, are valuable and convenient forms of housing that can help to increase Delaware’s housing supply. In order to expand affordable housing opportunities, this Act requires local governments to permit the construction of ADUs within their jurisdictions without prohibitive barriers or onerous application or zoning requirements. This substitute differs from the original by removing requirements related to the size of the single-family dwelling, clarifying requirements related to additional parking, making exceptions for aesthetic requirements within historic districts, allowing water and sewer impact fees, and allowing for local regulations that do not otherwise violate this Act. This Act carries a 2/3 vote requirement as it may indirectly affect municipal charters.
Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D) Kerri Harris (D) Spiros Mantzavinos (D)
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