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.
Like the original bill, Senate Substitute 1 for Senate Bill 314 modernizes the Rape Shield provisions in Title 11 of the Delaware Code, §§ 3508 and 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence. This Senate Substitute differs from the original in that it establishes a separate procedure under § 3508(b) of Title 11 to address prior false accusations of unlawful sexual conduct by the complaining witness, providing a distinct set of standards for handling the unique issues surrounding this type of evidence.
This Act recognizes that the Public Education Funding Committee’s (PEFC) recommended hybrid model formula to determine public education funding is good public policy and that implementation of the hybrid model should not be delayed any longer than absolutely necessary. As such, this Act provides authority for the Department of Education (Department) to begin making the changes to systems that are necessary to implement the hybrid model for Fiscal Year 2028. This Act also encourages that, in collaboration with the PEFC, the Department incorporate elements of the hybrid model in the development of the Governor’s Recommended Budget for Fiscal Year 2028 for consideration by the 154th General Assembly. However, during this transition, a school district or charter school should not receive a state appropriation for Fiscal Year 2028 that is lower than the amount that school received in Fiscal Year 2027. The PEFC was established under Senate Concurrent Resolution No. 201 (152nd General Assembly) on June 27, 2024, and then re-established under House Concurrent Resolution No. 2 (153rd General Assembly) on January 21, 2025, to conduct a comprehensive review of public education funding for all students and populations served by school districts and charter schools (public schools) and develop a roadmap of recommendations to implement improvements to the public education funding system. The PEFC’s recommends adopting a new public education funding framework, known as the “hybrid model”, that combines the current, resource-based funding formula with a student-based, weighted funding model. The hybrid model will improve equity in public school funding and facilitate gains in student achievement by increasing flexibility in how public schools may use appropriated money. The PEFC recommendations include accountability measures as an important balance to the increased flexibility and that the equalization formula must be modernized.
This Act makes a technical correction to the optional special powers form in the Uniform Health Care Decisions Act in Title 16. Currently, the existing language in the form implies any number of days can be written in to the advance directive when designating a maximum length of time for a mental health care related admission. However, under § 2518(e) of Title 16, an agent or default surrogate may not consent to voluntary admission of an individual to a facility for mental health treatment for longer than 72 hours. This Act removes the open-ended language in the form, so that a voluntary admission to a mental health facility by an agent may not exceed 72 hours.
Under Senate Concurrent Resolution No. 201 (152nd General Assembly) and House Concurrent Resolution No. 2 (153rd General Assembly), the Public Education Funding Commission (Commission) has studied how to improve Delaware's public education funding policies so that public school funding is equitable and appropriated in a manner that allows public schools, including both school districts and charter schools, to not only spend all money that is appropriated but to do so in a manner that best meets the needs of the students in each school. This Act implements the Commission’s recommendation that the Public Education Funding Commission be established as a permanent body. As set forth in Senate Bill No. 302 (153rd General Assembly), the Commission recommended that the General Assembly enact what is known as the hybrid formula. The hybrid formula combines elements of the current funding calculations with a weighted needs-based approach that provides additional funding for students who receive career and technical education or special education services, who are multilingual learners, and who live in low-income households. Codified, the Commission will have a crucial role in implementing and maintaining the benefits of the hybrid model by continually reviewing the hybrid model, including the amounts of the required weights, if school spending of state appropriations complies with the applicable requirements, and making recommendations for improvements. The continual review of public education funding by the Commission will allow adjustments to be made on a gradual and incremental basis as needed.
This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.
This Act creates a presumption that parents are not liable for the care, maintenance, and support of children committed to DSCYF, or admitted to a service provided by DSCYF. The Family Court may order child support payments only if child support will not pose a barrier to parent reunification.
This Act adds requirements for persons who collect single-stream recycling from single and multi-family residential or source-separated customers and requires commercial businesses to assess all wastes and evaluate costs associated with disposal of recyclable materials. The Act also removes responsibilities associated with recycling grants and low interest loans, which are no longer available. The Act adds a new provision to facilitate stakeholder engagement with the Department of Natural Resources and Environmental Control and the Delaware Solid Waste Authority, while removing the establishment and associated responsibilities of the Recycling Public Advisory Council. Section 7 of the Act removes specific civil and administrative penalties, allowing the Department to utilize enforcement authority already established in Chapter 60, Section 6005 and details the responsibilities of the Department and the Authority to provide an annual report to the Governor and General Assembly regarding the status of recycling activities in the state. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
HB 365 creates a new Delaware Indigenous Affairs Commission to represent and support the state's Indigenous population. The bill amends state laws to formally establish this commission, which will serve as an official body to advance the interests of Native Americans in Delaware. Following committee review, the legislation was reported favorably by four members and unfavorably by one, indicating ongoing evaluation before final passage.
This Act clarifies the pay schedule for school-based occupational therapists. Due to varying program lengths, such as accelerated programs, and the different methods of how colleges and universities award credits, it is challenging to accurately and equitably determine the appropriate lane on the salary schedule for school-based occupational therapists. This Act creates a uniform baseline for school-based occupational therapists on the salary schedule in a manner similar to other school-based clinicians such as audiologists and speech-language pathologists.
This Act is a Substitute for House Bill No. 320. Like House Bill No. 320, this Substitute Act is the first leg of an amendment to the Delaware Constitution to make necessary technical corrections identified by the Code Revisors and the Division of Legislative Services during the incorporation of amendments to the Delaware Constitution enacted during the first session of the 153rd General Assembly. This Substitute Act differs from House Bill No. 320 by removing the authority to make certain limited technical amendments to the Delaware Constitution without the concurrence of the next General Assembly. Specifically, Sections 1 through 11 of this Act makes the following specific technical corrections: (1) In Sections 1 and 2 of this Act, makes changes to §§ 17A and 17 B of Article II by removing an unnecessary “by” before “fraternal societies” in both Sections (lines 6 and 17), adding “Internal” to clarify in both Sections that the cited provision is in the Internal Revenue Code (lines 10 and 22, and making changes in Section 1 to ensure consistency with similar language in Section 2 (lines 10 and 11). (2) In Section 3 of this Act, amends § 10 of Article III to correct errors caused by the enactment of House Bill No. 10 (153rd General Assembly) and Senate Bill No. 15 (153rd General Assembly) (lines 29 to 30). (3) In Section 4 of this Act, amends § 19 of Article III to add a comma (line 35). (4) In Section 5 of this Act, amends § 35 of Article IV remove unnecessary commas and add an Oxford comma (lines 42, 46, and 51). (5) In Section 6 of this Act, amends § 37 of Article IV to remove a duplicate “the” (line 59). (6) In Section 7 of this Act, amends § 1 of Article V to remove a duplicate comma (line 67). (7) In Section 8 of this Act, amends § 4 of Article V to remove a duplicate “the” (line 76). (8) In Section 9 of this Act, amends § 8 of Article V to remove an unnecessary “and” (line 125) and to add subsection designations to § 8 to increase readability and enable pinpoint amendments in the future. (9) In Section 10 of this Act, amends § 10 of Article VIII to remove a duplicate “an act” (line 144). (10) In Section 11 of this Act, amends § 2 of Article IX to add a “the” (line 148). 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 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.
