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passed both · Delaware · Senate Jun 30, 2023

SCR 102: ESTABLISHING THE FIREARM DEFINITION TASK FORCE.

This Resolution establishes the Firearm Definition Task Force (“Task Force”) to do all of the following: (1) Determine the impact of the change to the definition of “firearm” under § 222 of Title 11 of the Delaware Code proposed by House Substitute No. 1 for House Bill No. 224 on the Delaware Criminal Code and other Delaware Code provisions relying on the definition of “firearm”. (2) Make findings and recommendations on a revision to the definition of “firearm” for purposes of the Delaware Criminal Code and any necessary changes to the Delaware Criminal Code or Delaware Code based on the Task Force’s recommended definition. (3) Draft or amend legislation to implement the Task Force’s findings and recommendations. (4) Submit a final report no later than January 5, 2024.
Brian Pettyjohn (R) Bryan Townsend (D)
signed · Delaware · Senate Jun 30, 2023

SB 160: A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2024; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2024 Bond and Capital Improvements Act.
Ed Osienski (D) Dave Wilson (R) Bryant Richardson (R) Ron Gray (R) Nicole Poore (D)
signed · Delaware · House Jun 30, 2023

HB 94: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO USE OF ELECTRONIC SPEED ENFORCEMENT DEVICES.

The expectation for speed enforcement, under Delaware's Motor Vehicle statute, are Delaware's law enforcement agencies. It is not always possible for law enforcement officers to effectively enforce the speed limitations due to a number of factors, including, but not limited to, officer availability and safety. The original Act enabled the State, as well as counties and municipalities to more effectively enforce speed limits on roads in a residential district in which a Department of Transportation study, no more than 1 year old, documents that the 85th percentile speed on the road is 5 miles per hour or more than the posted speed limit or the road is in a designated work zone. For a violation to occur a motor vehicle must exceed the posted speed limit by 11 miles per hour or more. This Act would impose only civil penalties for violations and does not impose points on the owner or operator’s driver’s license. Jurisdiction for adjudicating alleged violations would be in the Justice of the Peace Court and there would only be a right of appeal to the Court of Common Pleas if the penalty exceeds $100. Any excess revenue not used for administration of the system, will be managed by the Office of Highway Safety and used only for purposes of education, enforcement, engineering and administration. This Act will sunset in 5 years if not extended by a subsequent act by the General Assembly. This Act is a substitute for and differs from House Bill No. 94 in that it eliminates enforcement by Delaware State Police, anywhere other than work zones, and limits approval and implementation of the speed monitoring system to residential districts in New Castle County and municipalities. This Act also requires payment of voluntary assessments to be made to the entity designated on the summons, which may be the Department of Safety and Homeland Security or the county or city where the speed camera was located.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Bryan Shupe (R) Pete Schwartzkopf (D)
signed · Delaware · Senate Jun 30, 2023

SB 68: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OCCUPANT PROTECTIONS.

This Act revises Delaware’s child safety seat requirements which currently requires an “appropriate” car seat or booster. Under this Act, children under 2 years and under 30 pounds must be seated in a rear-facing seat with a 5-point harness. Children under 4 years and under 40 pounds must be seated in either a forward facing or rear-facing seat with a 5-point harness. Children between the ages of 4 and 16, must be seated in a booster based upon the manufacturer’s guidelines or a seatbelt. This Act removes the existing fine for the first offense and requests law enforcement to provide a referral to the Office of Highway Safety car seat fitting station for guidance and education regarding proper use of a child restraint. Under this Act, the Department of Safety and Homeland Security is required to implement an awareness campaign within 180 days of enactment. The remainder of the Act will not take effect until 1 year following its enactment.
Frank Cooke (D) Tim Dukes (R) Pete Schwartzkopf (D) Ron Gray (R) Nicole Poore (D)
signed · Delaware · Senate Jun 30, 2023

SB 74: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH RECORDS.

This Act establishes requirements for the handling of treatment records for all of the following health-care providers under Title 24: 1. Advanced Practice Registered Nurses (certified nurse practitioners), Chapter 19. 2. Licensees under the Board of Mental Health and Chemical Dependency Professionals, Chapter 30: mental health professional counselors and associate counselors, chemical dependency professionals, marriage and family therapists, professional art therapists. 3. Psychologists, Chapter 35. 4. Licensed Clinical Social Workers, Chapter 39. Under current law, a patient or client does not have a right or clear procedure by which to obtain a copy of their record when one of these practitioners closes a practice, dies, terminates a patient relationship, or is incapacitated. The requirements established under this Act are modeled on the patient record requirements and procedures for physicians and correspond with the changes that would be enacted under House Bill No. 105 (152nd). These requirements and procedures also apply when a patient or client requests copies of their records. Under existing law, the governing boards established under these chapters have authority to promulgate regulations, if necessary, to address intersections between the requirements under this Act and professional codes of ethics. Sections 5 through 8 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corrects the spelling of the word “health-care” to be consistent throughout these chapters.
Pete Schwartzkopf (D) Stephanie Hansen (D) Dave Sokola (D) Sarah McBride (D) Jack Walsh (D)
signed · Delaware · House Jun 30, 2023

HB 144: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS COMPENSATION

This Act increases the number of members of a limited liability corporation who are eligible for exemption from workers compensation reimbursement from four to eight, making the number equal to the number of officers in a traditional corporation who are eligible for exemption.
Nicole Poore (D) Jack Walsh (D) Val Longhurst (D) Brian Pettyjohn (R) Danny Short (R)
signed · Delaware · House Jun 30, 2023

HB 111: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VEHICLES.

This Act increases the length of time for a valid temporary tag from 60 days to 90 days. This Act also adds a new provision requiring temporary tags be issued through a temporary tag system, approved by the Division of Motor Vehicles, to further reduce fraud in the issuance of temporary tags, unless the Division of Motor Vehicles determines the temporary tag issuer must continue using temporary registration plates.
Ed Osienski (D) Shannon Morris (R) Bill Carson (D) Ron Gray (R) Jack Walsh (D)
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