This Act discontinues the Delaware State Education Association centennial limited edition special license plate and replaces it with an updated special license plate of the Delaware State Education Association. A special license plate supports a cause and is available for purchase by the public at large, including by members the beneficiary organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act does not affect the validity of Delaware State Education Association centennial limited edition special license plates issued previously under § 2140G of Title 21; Delaware State Education Association centennial special license plates that are otherwise valid remain valid. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.
This House Concurrent Resolution requests the Department of Labor to evaluate the feasibility of apprenticeship programs for school-based mental health professionals and submit a report to certain members of the General Assembly, the Office of Management and Budget, and the Controller General by November 1, 2026.
This Act increases the penalty when an individual commits theft by impersonating a family member of the victim. A person convicted of a violation of this section shall be imprisoned for not less than 60 days. The minimum sentence under this section may not be suspended.
This Act establishes the position of a Title IX Coordinator in the Department of Education, whose purpose is statewide support, guidance, and oversight related to and providing for the enforcement of compliance with Title IX as it pertains to athletics in Delaware’s public schools serving grades 6 through 12. The Title IX Coordinator must do the following: 1) Offer annual Title IX training for school district and charter school Title IX coordinators, administrators, athletic directors, and coaches. 2) Provide non-legal technical Title IX assistance to school districts, schools, and charter schools, including model policies and best practices. 3) Collect and analyze data from school districts and charter schools to evaluate compliance with Title IX. 4) Identify, create, and maintain model Title IX policies and procedures. 5) Act as a liaison between public schools and federal agencies on updated rules and guidance. 6) Prepare a written report by December 1 of each year summarizing activities, findings, and recommendations for improving Title IX compliance and submit it to the Governor, General Assembly, and post publicly on the Department of Education website. This Act requires school districts and charter schools to annually post and report to the Department of Education the following information: 1) participation rates by sex in interscholastic and intramural athletics; 2) budget and expenditure information for boys’ and girls’ sports programs; and 3) other information determined necessary by the Coordinator to evaluate compliance. The Coordinator may issue systemic or school-specific non-legal guidance or request a school district, school, or charter school to engage in a strategic plan for improvement to address Title IX compliance. The Department of Education, in collaboration with the Delaware Interscholastic Athletic Association, will establish rules and regulations to implement and enforce the Act. The Act provides that the Department of Education must request sufficient funding to support the Coordinator position and necessary upgrades to the Department’s data system to enable collection and analysis of athletics budget and expenditure data disaggregated by sex.
This Act does all of the following: (1) Establishes a regulatory framework for substance use harm reduction programs that provides immunities for program providers and staff. (2) Modifies the definition of drug paraphernalia. (3) Decriminalizes possession of paraphernalia for individuals who use drugs, while retaining prohibitions for paraphernalia used in the manufacturing or distribution of drugs and the selling of certain drug paraphernalia. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Substitute for House Bill No. 84 prohibits employers from requiring meetings or communications the purpose of which is to convey the employer’s political or religious views, including views regarding unionization. The Act enumerates several situations to which the prohibition does not apply, including the communication of religious views by a religious employer, the communication of political views by a political party or organization, and training required to comply with civil rights laws and occupational safety and health laws. The statute also clarifies that the following communications are outside the scope of the prohibition: (1) An employer communicating to its employees any information that the employer is required by law to communicate, but only to the extent of that legal requirement; (2) An employer communicating to its employees any information that is necessary for those employees to perform their job duties; (3) An institution of higher education, or any agent, representative, or designee of that institution, meeting with or participating in any communications with its employees that are part of coursework, any symposia, or an academic program at that institution; (4) An employer that is a public entity communicating to its employees any information related to a policy of the public entity or any law or regulation that the public entity is responsible for administering; and (5) A tax exempt organization, as defined under United States Internal Revenue Code § 501(c)(3) communicating with its employees about policy issues that are relevant to the organization, its mission, or the people the organization serves, provided such communication is done in a non-partisan manner. The provision is added to the existing chapter dealing with discrimination in employment, and the Department of Labor is empowered to investigate employer practices, make rules and regulations, and commence civil actions if necessary. The Department of Labor is instructed to update, within 90 days of the effective date of this Act, the notices it prepares for use by employers regarding unlawful discrimination in employment to include the provisions of this Act.
This Act clarifies and refines the criminal jurisdiction of Family Court. First, this Act alters the definition of “family” by removing the requirement that both parties be residents of this state. Second, this Act provides concurrent criminal jurisdiction in Family Court and the Court of Common Pleas for certain criminal offenses where the parentage of a child in common is in dispute. Finally, this Act provides Family Court and the Court of Common Pleas with concurrent criminal jurisdiction over non-felony, adult criminal cases that include charges that fall within both Family Court’s and Court of Common Pleas’ jurisdiction. This Act requires a greater than majority vote for passage because Section 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to confer jurisdiction of a misdemeanor on the Family Court. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act revises Delaware law governing behavioral health treatment provider organizations by establishing a comprehensive statutory framework governing licensing, oversight, enforcement, client rights, provider duties, incident reporting, and investigations relating to behavioral health treatment services. The Act consolidates and modernizes statutory provisions governing behavioral health treatment oversight and clarifies the Division of Substance Abuse and Mental Health's authority to license programs, investigate incidents, and enforce compliance with this chapter. This Act is a substitute for and differs from Senate Bill No. 161 by doing all of the following: (1) Expands the definition of the protection and advocacy system to reference all applicable federal protection and advocacy statutes. (2) Revises the client rights provisions by reorganizing and clarifying the rights framework, adding rights related to discharge planning and continuing care, clarifying the standard for permissible limitations on client rights, including a requirement that any limitation be for the shortest duration feasible, and revising the standard governing the use of restrictive intervention to align with existing Delaware law. (3) Expands standing to enforce client rights to include clients and their authorized representatives in addition to the Attorney General and the protection and advocacy system. (4) Adds a savings clause clarifying that nothing in this Act abrogates the rights and requirements applicable to long-term care facilities under Chapter 11 of Title 16. (5) Adds elopement to the definition of incident for purposes of the incident reporting requirements. (6) Modifies the provisions relating to the protection and advocacy system by expanding the system's access authority to reference all applicable federal and State law, adding a requirement that the Division notify the protection and advocacy system no more than 72 hours after receiving a report of a client death, authorizing staff to make discretionary reports to the protection and advocacy system, and extending anti-retaliation protections to staff who report to or cooperate with the protection and advocacy system. (7) Adds a framework for the confidentiality of incident reports and investigation records while authorizing the Division to publish aggregate, de-identified information regarding incidents and trends across the behavioral health system. (8) Adds an injunctive relief pathway allowing the Department to seek a temporary restraining order in the Court of Chancery when a provider organization's activities create an imminent risk of substantial harm to clients. (9) Updates language throughout to reflect current person-centered terminology consistent with the preferences of the disability community. (10) Makes technical and conforming changes for clarity and consistency. 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 create a new crime within the jurisdiction of any inferior court of this State.
Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education. 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.
This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).
This legislation is intended to ensure that individuals can, for a period of 15 days, rescind approval of a settlement in a personal injury case involving a motor vehicle accident if the individual was unrepresented at the time of settlement and if payment is returned upon rescission. This Act also requires notice to be given to an unrepresented individual of their right of recission in the release of liability. These changes will allow an individual greater ability to make an informed decision. This Act becomes effective on 6 months after its enactment into law. This Act is a substitute for Senate Bill No. 189. The Act differs from Senate Bill No. 189 in that it provides a rescission period of 15 days, rather than 60 days; it refers to “motor vehicle accidents” rather than “automobile accidents”; it adds a new subsection to make clear that the insurer may withhold any future settlement proceeds until it receives confirmation that the check or settlement proceeds have been returned; and it corrects a typo.
This Act requires the Department of Health and Social Services, in conjunction with the Department of Education, to develop or obtain informational materials concerning menstrual disorders to be provided upon request to school districts for purposes of educating students about menstrual disorders and their symptoms, and to ensure at least every 2 years the effectiveness of the information, that the information is up-to-date, and that any electronic links provided to access information and links contained therein are valid. The materials and information must be made available on a website maintained by the Department. Schools must, at a minimum, put posters containing the URL to the website maintained by the Department where the materials and information can be found, and may also distribute materials and information directly or provide students with flyers containing URLs, QR codes, or other links from which the students may access the information.
