This Act prohibits individual, group, state employee, and Medicaid health plans from differentiating in the reimbursement rate of a health service based on whether the service was provided by a certified registered nurse anesthetist or by a physician.
This adds knowingly “operating”, “conducting”, or “advertising” prostitution businesses as acts that constitute promoting prostitution in the second degree under under § 1352 of Title 11. This Act also defines “illicit massage establishment” and clarifies that a person may be guilty of promoting prostitution in the second degree under § 1352 of Title 11 for managing, supervising, and controlling an illicit massage establishment. Likewise, under this Act, a person may be guilty of promoting prostitution in the second degree for operating, conducting, or advertising an illicit massage establishment. This Act defines “illicit massage establishment” as an establishment that facilitates prostitution using the cover of either of the following: (1) A massage establishment, as defined in § 5302 of Title 24. (2) A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered. This Act’s definition is based on those used by national and state human trafficking prevention organizations. Law enforcement has noted a trend where an illicit massage establishment is shut down only to be reopened again by the same operators. By ensuring it is clear that promoting prostitution in the second degree is an available offense to charge, this Act intends to dissuade the operation and reopening of illicit massage establishments. This Act updates internal references elsewhere in the Code to account for the addition of subsections in § 1352 to remove the undesignated paragraph. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
An increasing number of schools and workplaces are investing in implementing artificial intelligence (AI) technology and extended reality (XR) technology, including virtual reality and augmented reality, to effectively teach children and train employees. In schools, AI and XR technologies help provide immersive and personalized learning experiences that enhance student engagement, proficiency, and mastery in core subjects. Recent studies and surveys show that using AI and XR technologies in schools leads to better student outcomes, including improved academic performance, higher test scores, and increased motivation. And AI technology, like Khanmigo, supports educators by reducing administrative burdens and allowing educators to focus on student needs. This helps prevent burnout and reduce turnover rates. Therefore, investing in implementing these technologies in Delaware public schools will support Delaware’s educational priorities, including increasing literacy, STEM proficiency, and career readiness. This Act establishes a 3-year pilot program, called the Artificial Intelligence and Extended Reality in Schools Pilot Program (Program), to invest in using AI and XR technologies to improve education in Delaware schools. The Program is administered by the Delaware Department of Education (DOE). The DOE shall provide funding and offer technical support for participating schools to procure and safely implement AI and XR products that improve student outcomes and engagement, support educators in meeting student needs, and reduce workloads and administrative burdens on educators. Within 180 days following the date of this Act’s enactment into law, the DOE must do all of the following: 1. Invite up to 12 schools to participate in the program. The schools selected must include 1 elementary school from each of the counties and from the City of Wilmington, 1 middle school from each of the counties and from the City of Wilmington, and 1 high school from each of the counties and from the City of Wilmington. 2. Form a committee to study best practices in other states and countries for using AI and XR technologies in schools and review and recommend AI and XR products that best meet the needs of Delaware students and educators. The products recommended must safeguard data and follow state and federal guidelines for privacy and security. 3. In collaboration with the Department of Technology & Information and the Delaware Department of Justice, finalize contracts to procure the recommended AI and XR products. Additionally, the DOE may consult with technology privacy and safety experts to make sure that the contracts meet privacy and safety requirements. Schools participating in the Program shall provide data that DOE and participating local education agencies consider necessary to help assess the Program’s effectiveness. The data may include certain quantitative, qualitative, and personalized metrics. The DOE shall prepare a final report that includes the data provided by the schools, the DOE’s analysis of the data, the DOE’s recommendations for improving the Program, and the DOE’s recommendation on whether the Program should be expanded or adjusted. The DOE shall submit the final report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services prior to the meeting of the Delaware Legislative Oversight Committee. This Act expires 3 years after the end of the 2026-2027 school year, unless extended by a subsequent action of the General Assembly.
The Truth in E-Bike Marketing Act protects Delaware consumers from purchasing an electric moped or electric motorcycle with the belief that the device may be used in the same way as an electric bicycle, addressing a growing area of market confusion. It prohibits dealers from advertising high-powered motor vehicles using terms like "electric bicycle" or “e-bike” and also requires that sellers provide clear, written disclosures regarding the vehicle's legal classification, maximum power, and the necessity for registration, licensing, and insurance. The bill classifies failure to provide these disclosures as an unlawful business practice. Finally, the bill clarifies that mopeds may not be operated on public pathways, bike lanes, or sidewalks and that crashes involving electric bicycles or mopeds must be identified on the state’s crash reporting website. House Substitute 1 to HB 439 makes the following changes: 1. Changes the term “dealer” to “commercial seller”. 2. Clarifies that this Act applies to electric mopeds and electric motorcycles. 3. Removes the provision requiring the DMV to approve the disclosure statement that must be provided to buyers. 4. Removes the provision requiring a copy of the signed disclosure statement be provided to the DMV. 5. Places the new section of Delaware Code created in Section 3 of this Act into its own chapter.
This Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims. To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act adds the definition of child-serving entity for the purpose of requiring a service letter verification from any child-serving entity where an employee may have worked. “Child-serving entity” is already defined in § 309 of Title 31 and includes DSCYF, residential child-care facilities, public and private schools, youth camps, summer schools, and other entities. If a previous employer fails to respond to a service letter, this Act also requires that the prospective employee report the failure to respond to the DOL.
This Act clarifies that the grant of exclusive jurisdiction to the Superior Court over violations of 11 Del C. § 1444 (possessing a destructive weapon), applies only to an adult defendant. Jurisdiction over minors remains with the Family Court.
This Act is the first leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections. 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. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.
Senate Bill No. 188, enacted during this General Assembly, clarified that the law-enforcement agency practice of purchasing firearms for that agency’s law-enforcement officers for use by the officers in their official duties is exempted from the background check requirements under §§ 1448A, 1448B, and 1448D of Title 11 under our State’s permit to purchase firearms laws. This Act provides the same exemption from background check requirements for a qualified constable agency representative. A qualified constable agency representative means a constable working for an employer, as defined under § 5602 of Title 24, that has authorized the procurement of handguns by the constable on behalf of any constables working for that employer. For purposes of this Act, “constable” means an individual who satisfies all of the following: (1) Commissioned under Chapter 56 of Title 24. (2) Licensed to carry a firearm by the Professional Licensing Section of the Delaware State Police. (3) Authorized by the Constable Board of Examiners to carry a firearm in the performance of the constable’s official duties. This Act also makes void a permit to purchase and gives the Director of the State Bureau of Identification (SBI) permission to revoke a permit to purchase if the person is no longer a qualified constable agency representative.
This Act is a substitute for Senate Bill No. 300. Like SB 300, this Act requires firearm dealers to obtain a state license to sell or transfer firearms under Chapter 9B instead of the license to sell deadly weapons under Chapter 9 of Title 24. Like SB 300, this Act does all of the following: -Establishes in statute factors that make a person ineligible to obtain a state license to sell or transfer firearms or to serve as a responsible person for a state license holder (licensee). -Heightens and adds more specific security requirements. -Heightens and centralizes recordkeeping and reporting requirements. -Requires background checks for contractors and volunteers with access to the licensee's firearms or performing certain tasks for a licensee. -Establishes training requirements. -Includes a recurring inspection by the DSP to ensure licensees are in compliance with State law. -Establishes civil penalties and possible license revocation in the event of violations. This Act differs from Senate Bill No. 300 as follows: -Changes the definition of firearm to reference 11 Del. C. § 222. -Removes the license fee ranges that are dependent on the number of firearms sold or transferred and instead sets flat and established license fees at $300 for an initial license and $250 to renew a state license. This Act makes corresponding changes throughout to account for the change in license fee structure. -Removes the licensee requirement to report firearm trace information to the Attorney General and the Attorney General’s publication of an annual report. Instead, firearm trace information will be provided as part of a licensee’s renewal application and will be provided to the General Assembly by the Delaware State Police (DSP). -Background checks are required once every 2 years, instead of annually. Relatedly, the background check obtained by a licensee or responsible person is valid for 2 years for purposes of applying for an initial license or a license renewal under this chapter. -Establishes December 31 of each year as the date that license renewal applications are due. Initial licenses that are granted after January 1 of each year may receive a prorated license fee. This Act makes corresponding changes throughout to account for the date change. -Changes the DSP report about licensee status from an annual report due by December 1 to a biennial report due on March 1. -Adds that the Delaware Department of Justice also has general investigative authority to investigate a breach of Chapter 9B. Under SB 300, only DSP had this authority. -Removes the requirement that a licensee maintain all security system recordings for at least 3 years. DSP shall promulgate regulations that establish how long a licensee shall maintain recordings. -The General Assembly shall expend any money collected in the Firearm Licensing Fund in furtherance of implementing this Act and Chapter 9 of Title 24. -Delays implementation and gradually phases in the requirements in this Act, beginning by July 1, 2028, with DSP notification to people with valid special licenses to sell deadly weapons under Chapter 9 of Title 24 about the changes in law and the potential that a license under this Act may be required. Changes made by this Act to Delaware’s licensing system are in recognition of a growing body of evidence that demonstrates that firearms dealers’ sales practices affect the probability of firearms entering the illegal market, and that policies designed to hold dealers accountable can curtail illegal use of firearms and the concomitant crimes. According to the Johns Hopkins University Center for Gun Violence Solutions, utilizing data from the Centers for Disease Control, firearms are used in 78% of homicides that occur in Delaware. In addition to loss of life, firearm violence has an economic impact, costing Delawareans $1.3 billion per year, which amounts to $1,236 per resident. An article in the Journal of Urban Health found that in-state trafficking was 64 percent lower in places with strong firearm dealer regulations and oversight. A study published in the American Journal of Public Health, examining 20 years of data, found that state licensing requirements and laws requiring or allowing inspections or audits of firearm dealers were independently associated with significantly lower firearm homicide rates. The ATF has oversight over firearms dealers, but its efforts are insufficient. Though the ATF aims to inspect firearm dealers at least every three years, at the rate inspections are performed, a dealer can expect inspection only once every 9 years. ATF data reveals that, when they occur, dealer inspections generally yield a large number of violations. In sum, the frequency of violations and the rarity of inspections allow the possibility that dealers are violating law each year without any corrective action by the ATF. According to data compiled by Brady United, there is State-specific evidence to suggest Delaware’s firearm licensing system would benefit from reform to protect the health and safety of our residents. According to 2017 through 2021 ATF data, 6,626 firearms were recovered in Delaware by law enforcement, after either having been used in a crime, found at a crime scene, or where the purchase or possession of the firearm was itself illegal (“crime guns”). Half of these crime guns were recovered by law enforcement within 3 years of retail purchase, which is indicative of potential firearm trafficking. The data also raises concerns about potential straw purchasing in our State, as there was a mismatch in the identity of the firearm purchaser and firearm possessor during a criminal offense in 72% of the traceable cases. Furthermore, 67% of the firearms recovered by law enforcement in this State were sourced from in-State firearm dealers. Delaware is also a significant supplier of crime guns to other states, most significantly Maryland (12.2% of the crime guns recovered come from Delaware dealers) and Pennsylvania (8.9% if the crime guns recovered come from Delaware dealers).
This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter. The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following: (1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license. (2) Fails to meet the requirements of this subchapter or any applicable regulation. (3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following: a. An application for a license or a license renewal. b. Any data or document submitted to the Department. c. Records required to be kept under this subchapter or under applicable regulation. (4) Refuses to allow representatives or agents of the Department to inspect any of the following: a. All or any portion of the animal shelter. b. Any documents, records, or files required to be maintained by the animal shelter. (5) Does not correct a previously identified violation. (6) Has unpaid fees or fines. (7) Has a history of noncompliance with animal welfare laws or applicable regulations. The Department has discretion to issue provisional licensure for an applicant seeking license renewal. An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation. This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. 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 Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027.
This Act defines terms used in Chapter 66, Title 16 of the Delaware Code for clarity. It also provides the State Fire Prevention Commission with the authority to receive and review criminal history records of applicants and members to determine whether the applicant or member is prohibited from serving as a member of a fire company. An applicant or member is not qualified to serve as a member if the individual’s criminal history record includes a crime listed in this Act, including felonies, specified financial or property crimes, sex crimes, specified crimes against a victim who is acting in the lawful performance of the victim’s duty, or crimes involving controlled substances or designer drugs. This Act updates the criminal history record language in Chapter 66, Title 16 to ensure Delaware law meets the requirements of the Federal Bureau of Investigation in requesting federal criminal history records. This Act also makes technical corrections to make existing law conform to the standards of the Delaware Legislative Drafting Manual.
