Rep. Sean Matthews

Maddy summaryThis bill updates overtime pay rules for non-exempt employees working for the Delaware Department of Transportation. Starting July 1, 2024, these workers will receive time-and-a-half pay for any hours worked beyond 37.5 hours in a single week. The change applies specifically to the DOT and ensures that overtime compensation begins once an employee exceeds the standard 37.5-hour threshold.

In light of the Federal Drug Administration’s recent approval of over-the-counter non-emergency contraceptive pills, this bill expands the contraceptive coverage laws to include over-the-counter non-emergency contraceptive pills.

This Act creates a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpose of being prohibited from obtaining a firearm. An individual on the Registry may request removal from the Registry no sooner than 30 days after the individual is entered on the registry. Once an individual requests removal from the Registry, the individual must be removed from the Registry no sooner than 30 days after the removal request. A person who transfers a firearm to an individual in violation of this section is guilty of a class A misdemeanor for a first offense and a class G felony for a subsequent offense. An individual who makes a false statement or representation regarding their identity when requesting inclusion or removal from the Registry shall be guilty of a class A misdemeanor. House Substitute No. 1 for House Bill No. 342 differs from House Bill No. 342 as follows: (1) Defines the terms “firearm” and “transfer” to increase clarity and ensure consistency with other parts of the Code; (2) Clarifies that unlicensed persons are also prohibited from selling a firearm to an individual enrolled on the Registry; (3) Requires a licensed dealer to facilitate the Registry check on behalf of the unlicensed seller in the same way it completes a background check on behalf of the unlicensed seller under § 904A of Title 24; (4) Clarifies that a person, rather than an individual, may be liable for selling a firearm to an individual enrolled on the Registry; (5) Clarifies that a person must knowingly sell or transfer a firearm to an individual on the Registry to be in violation of this Act; and (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

In many states acts of violence have been committed with the use of firearms on college and university campuses that have resulted in both injury and death to students and faculty. This Act adds post-secondary colleges and universities to the Safe School Zone criminal offense so that any person who knowingly possesses a firearm, as defined in Title 11, while in or on a college or university facility or campus may be charged with this additional offense. The same exceptions set forth in the statute will apply to a college or university.This Act also adds commissioned security guards to the categories of individuals who may possess a firearm while acting in their official capacity within a Safe School Zone. A person convicted under this section will be guilty of a Class E felony. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act makes several changes to the Code relating to the Department of Finance. Section 1 removes a bond requirement for Division of Revenue officers, agents, or employees for faithful performance of their duties. Sections 2 and 3 enable the Department of Finance and the Division of Revenue to fully administer and enforce taxes where jurisdiction is assigned by the Delaware Code without reference to any specific Title. This avoids the need to revise applicable provisions of Title 30 (by enumerating each applicable title) when changes to the law make the Department responsible for the administration and enforcement of tax and tax-related laws established outside of Title 30. Section 4 provides the Division of Revenue the ability to collect the lodging tax imposed under § 8112 of Title 9 on behalf of a county in the State of Delaware and enter into an agreement with a county in the State of Delaware to coordinate the collection process. Sections 5 and 6 transfer and reorganize the personal income tax aspects of the Organ and Bone Marrow Transplantation Tax Credit statute to appear within the appropriate personal income tax subchapter in Chapter 11 of Title 30. Section 7 replaces the term “trailer park” with “recreational vehicle park” to clarify license procedures. This Act makes technical changes to existing Code to conform with the Delaware Legislative Drafting Manual.

This bill makes the unsafe storage of a firearm in a vehicle a class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk. This bill also provides that compliance with unsafe storage of a firearm in a vehicle is a defense to carrying a concealed deadly weapon.

This Act ensures that educators hired after the effective date of this Act, who earned graduate degrees prior to becoming educators, receive credit on the salary schedule for those degrees regardless of the specific subject area of those degrees. Once an individual is employed as an educator, in order to receive credit for any graduate degrees earned after that time, such degree must be in the subject area in which the educator is employed.

This Act repeals the DELJIS Fund fee imposed on criminal defendants. The elimination of this fee was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. Any outstanding balances owed for this fee shall be discharged upon the Act’s effective date. Per the Study Group’s recommendation, the Act will become effective upon the specific appropriation of General Fund monies to replace DELJIS’s full spending authority of the repealed fee.

This Act discharges balances owed by individuals ordered to pay a probation supervision fee under § 6504(14) of Title 11 of the Delaware Code or a Public Defender fee under § 4607 of Title 29 of the Delaware Code. The probation supervision fee and Public Defender fee were repealed by Chapter 441 of Volume 83 of the Laws of Delaware, House Bill No. 244, as amended by House Amendment No. 2 (151st General Assembly).

This Act repeals the Senior Trust Fund Fee, the Interstate Compact Fee, and the Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee imposed on criminal defendants. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly also intends to eliminate any outstanding balances owed on these fees.