Rep. Sean Matthews

Maddy summaryHB 279 updates Delaware state law to grant school employees up to five days of bereavement leave, aligning their benefits with those already available to state employees. This change ensures that teachers and other school staff receive the same time off to handle family deaths as their counterparts in the state workforce. The legislation was passed by both the House and Senate and was signed into law by the Governor in August 2024.

This Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act increases the exemption in bankruptcy and other debt proceedings for a debtor’s personal residence from $125,000 to $200,000. The exemption has been limited to $125,000 since 2012 while home prices have increased dramatically in the intervening years. It also increases the exemption for tools of the trade and for a vehicle to $25,000 from $15,000. This Act also exempts worker’s compensation awards under the laws of other states from attachment in bankruptcy or other proceedings in the same manner that a worker’s compensation award made under Delaware law is exempt. The Act takes effect on January 1, 2025.

This Act removes the sunset provision in Chapter 453, Volume 83 of the Laws of Delaware relating to the program established under §9011A of Title 29 to assist individuals who are in or have experienced foster care in Delaware with driver education, driver licensing, and motor vehicle insurance and associated barriers and costs. The Act also amends §9011A of Title 29 to clarify the scope and administration of the program, and amends the definition of “youth in foster care” under §3921 of Title 18 to maintain consistency with 29 Del. C. §9011A(g)(1).

This Act increases the civil penalties for violations of the statutes in Title 16, Chapter 11 related to Long Term Care Facilities and the regulations adopted pursuant to it. For violations that the Department determines pose a serious threat to the health and safety of a resident, the minimum penalty in Section 1109 of Title 16 is increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation. For violations that do not constitute a serious threat to the health and safety of a resident, the maximum penalty is increased from $5,000 to $10,000 per violation. The civil penalties in Section 1109(a)(2) for violations that pose a serious threat to the health and safety of a resident were established in 1998 and have not been increased since then. The maximum civil penalty in Section 1109(c) for violations that do not constitute a serious threat to the health and safety of a resident was set at $10,000 in 1998, but was later reduced to $5,000 in 2000, and has not been increased since then. This Act also repeals the provision which places a cap on the civil penalties for continuing violations.

This Substitute Bill requires the Department of Health and Social Services to maintain a public registry of assisted living facilities that are accredited and/or certified to provide memory care services by an approved independent accrediting organization. This Act also authorizes DHSS to promulgate rules and regulations to carry out these provisions, and it defines memory care services and secured memory care unit. Violations of this Act are subject to enforcement actions under Chapter 11 of Title 16 and are a basis for the nonrenewal of a facility’s license. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Maddy summaryThis bill updates Delaware's rules for inspecting long-term care facilities, requiring the Department of Health and Social Services to examine each facility at least once every 15 months. To maintain a statewide average inspection frequency of every 12 months, the department can charge extra fees to cover the costs of additional inspections needed when violations are found. Inspectors have the authority to enter facilities without prior notice, interview residents and staff, review records, and verify that previous issues have been fixed. The law also prohibits former employees or relatives of facility staff from participating in inspections of their former or current workplaces to ensure impartiality.

This Act is a substitute for Senate Bill No. 150. Like Senate Bill No. 150, this Act requires included facilities have sufficient staff to meet the needs of each resident and requires dementia care services training for staff. This Act differs from Senate Bill No. 150 in the following ways: (1) it removes the definition of activity services; (2) it defines direct care, secured memory care unit, and memory care services; (3) it requires that assisted living facilities providing dementia care services to residents in a secured memory care unit create a staffing plan that ensures the facility has sufficient staff to meet the scheduled, reasonably foreseeable unscheduled, and evolving needs of residents and; (4) it charges the Department of Health and Social Services with reviewing the staffing plan during each annual inspection and during any other inspection in which the Department deems it relevant; (5) it revises initial dementia care services training requirement by limiting the requirement to individuals that provide care in a secured memory care unit of an assisted living facility, creating separate training requirements, both in terms of duration and content, for individuals that provide direct care and non-direct care to residents receiving dementia care services in secured memory care units of assisted living facilities; (6) it revises the annual dementia care services training requirement to mirror initial dementia services training requirements; (7) it establishes dementia care services training requirements for individuals employed by temporary staffing agencies; (8) it gives the Department of Health and Social Services the discretion to accept other required dementia care services training to satisfy the dementia care services training requirements; (9) it details the transferability of training between facilities and temporary staffing agencies; and (10) it narrows the scope from all long-term care facilities to only assisted living facilities.

This Act is a substitute for Senate Bill No. 151. Like Senate Bill No. 151, this Act requires included facilities to disclose information related dementia care services in the form determined by the Department of Health and Social Services, and it establishes requirements for the dissemination of that information. Like Senate Bill No. 151, any violation of this Act is an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 of the Delaware Code. This Act differs from Senate Bill No. 151 in the following ways: (1) it narrows the scope of the disclosure requirements to apply only to assisted living facilities that advertises, markets, or otherwise represents that the facility provides dementia care services; (2) it revises the definition of dementia care services, and defines direct care, memory care services, and secured memory care unit; (3) it replaces the term agent with the term authorized representative; (4) it revises the list of information that must be included in the disclosure form; (5) it clarifies the Department’s and the facility’s role in preparing and completing the disclosure; (6) it removes the requirement that an included facility must publish the disclosure on the facility’s website; and (7) it grants the Department of Health and Social Services the authority to investigate potential violations and refer cases to the Department of Justice.

The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.