This bill amends the Merit System of Personnel Administration by allowing for preference in hiring for casual seasonal employees who are performing the same job duties of a posted merit position.
Throughout 2023, the Code Revisors provided the General Assembly with potential technical corrections that the Code Revisors identified as the Code Revisors revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2023 or as the Code Revisors reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of those provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects a grouping and phrasing error in § 718(b) of Title 4 from House Bill No. 83 of the 136th General Assembly. Section 2. This section corrects a stylistic error in § 1304 of Title 4, from House Bill No. 2 of the 152nd General Assembly, by removing the redundant words “but not limited to” following “including” as recommended by the Delaware Legislative Drafting Manual. Sections 3 and 4. These sections correct errors in §§ 1314(b)(4)c. and 1354(e)(2) and (f), from House Bill No. 2 of the 152nd General Assembly, by making clear that the location of the licensed premises is relevant to the statutes, and not the location of the license itself. Section 5. This section corrects a stylistic error in § 3311(c)(2) of Title 5, from House Bill No. 97 of the 152nd General Assembly, by removing the impression that the “officer” immediately following must also be a “controlling person” with respect to applicants. Section 6. This section implements the intent of House Bill No. 131 of the 152nd General Assembly by deleting language in the concluding paragraph § 73-304(c) of Title 6 which had been improperly removed without striking in the original bill. Section 7. This section corrects an error in § 7502A(c) of Title 7, from House Bill No. 190 of the 152nd General Assembly, by making it more clear that notice to the Chair of revocation of a representative or designee should come from the entity or official authorizing them to act as representative or designee. Section 8. This section corrects a stylistic error in § 10002(16) of Title 7, from House Bill No. 99 of the 152nd General Assembly, by conforming the definition of “state agency” to the definition adopted in § 6902 of Title 29. Section 9. This section corrects a stylistic error in § 1101A(3)b.7. of Title 9, from House Bill No. 11 of the 151st General Assembly, by conforming a “911 communications” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 10. This section conforms § 1077(c) of Title 10, from Senate Bill No. 69 of the 137th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 11. This section corrects an error in § 4319(b) of Title 10, from House Bill No. 167 of the 152nd General Assembly, by making clear that a CISM (consultation, risk assessment, education, intervention, and other crisis intervention services) team member or trained peer support member need not be requested to disclose proceedings, communications, and records in order to decline producing only one category of those items so listed. Section 12. This section corrects an error in § 7209(a) of Title 10, from House Substitute No. 1 for House Bill No. 264 of the 151st General Assembly, by substituting “sexual violence protective order” (as referenced in § 7202 of Title 10) for the inaccurate reference to a “sexual violence protection order.” Section 13. This section corrects an error in § 7708(a) of Title 10, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in § 7701 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 14. This section corrects stylistic errors in § 472(c) of Title 11, from House Substitute No. 2 for House Bill No. 142 of the 152nd General Assembly, by rearranging existing language so that all qualifying language appears before the affected legal categories listed within the statute and by numbering the included categories to conform to Delaware Legislative Drafting Manual style. Section 15. This section corrects an error in § 612(d) of Title 11, from House Bill No. 343 of the 144th General Assembly, by recognizing in (d) the differing class C felony offense in paragraph (a)(12) of the section. Section 16. This section corrects an error in § 832(b)(2)a. of Title 11, from House Bill No. 78 of the 150th General Assembly, by revising an inaccurate internal reference. Section 17. This section corrects an error in § 1103D(a)(1)a. of Title 11, from House Bill No. 182 of the 152nd General Assembly, by correcting the impression that the definition of “torture” requires that the elements of §§ 1103, 1103A, 1103B, and 1103C all be present to satisfy paragraph (a)(1) of the section. Section 18. This section corrects a stylistic error in § 1334(a)(2) of Title 11, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 dispatchers” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 19 and 20. These sections correct an error in the present and future versions of § 1448(a)(11) of Title 11, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in Chapter 77 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 21. This section corrects an error in § 8404(a)(4)e. of Title 11, from House Bill No. 206 of the 152nd General Assembly, by adding the appropriate missing noun at the beginning of the paragraph and by conforming style to that recommended by the Delaware Legislative Drafting Manual. Section 22. This section conforms § 8531(2)a. of Title 11, from House Bill No. 385 of the 146th General Assembly, to § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 23. This section makes corrections in § 1318(f)(1) and (2) of Title 14, from House Bill No. 60 and House Bill No. 61 of the 152nd General Assembly, by addressing a sentence fragment, conforming formatting to the Delaware Legislative Drafting Manual, and aligning the notification process in paragraph (f)(2) of the section with that described in paragraph (f)(1) of the section. Section 24. This section makes corrections in § 2702(h)(1) and (j) of Title 14, from House Bill No. 3 of the 152nd General Assembly, by making clear that the differing definitions for an excused absence in paragraphs (h)(1) and (j)(1) of the section are exclusive to the subsections in which they appear and that the introductory paragraph to (j) of the section applies to that subsection alone and not to the entire statute. Section 25. This section makes a correction in § 4143(f)(4) of Title 14, from House Bill No. 198 of the 151st General Assembly, by redesignating that paragraph as subsection (g) of the section due to the fact that the paragraph is the only one in subsection (f) of the section not concerned with educational programming. Section 26. This section makes a corrections in § 1002A(9) of Title 16, from House Bill No. 403 of the 146th General Assembly, by conforming the language to the referenced facilities licensed in Chapter 11 of Title 16. Section 27. This section corrects stylistic errors in § 1161 of Title 16 as enacted by Senate Bill No. 115 of the 140th General Assembly, and as later amended, by conforming the formatting and language to accepted Delaware Legislative Drafting Manual style and by substituting language respectful to persons with disabilities as required by § 608 of Title 29. Section 28. This section implements the intent of House Substitute No. 1 for House Bill No. 193 of the 152nd General Assembly by striking language in § 3003L(6) of Title 16 which had been improperly removed without striking in the original bill. Section 29. This section makes a correction in § 3001Q(8) of Title 16, from House Bill No. 51 of the 152nd General Assembly, by substituting a specific reference to the statute which defines “long-term, acute, or outpatient health-care services” for a reference to Chapter 79 of Title 29 generally. Section 30. This section corrects stylistic errors in § 4769(a)(1) and (b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 system” reference to accepted style as approved by the Federal Communications Commission, by correcting gender-specific language, and by making adjustments in line with proper Delaware Legislative Drafting Manual style. Section 31. This section conforms § 5520(d) of Title 16, from Chapter 534 of the 118th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Sections 32 and 33. These sections correct stylistic errors in the present and future versions of § 9802 of Title 16 as enacted in Senate Substitute 1 to Senate Bill No. 1 of the 135th General Assembly, and as later amended, to conform to proper Delaware Legislative Drafting Manual style. Section 34. This section makes a correction in § 9903(j)(4) of Title 16, from House Bill No. 98 of the 152nd General Assembly, by making clear that the loan grant recipients are limited to either new primary care providers or new dental providers, and not to those institutions only providing both services. Section 35. This section corrects a stylistic error in § 10203(b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 Committee” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 36. This section conforms language in § 701(23) of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that utilized in the referenced § 1702 of that title. Section 37. This section conforms formatting and style in § 1702 of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 38. This section conforms language in § 1750(1) of Title 18, from Senate Substitute No. 1 for House Bill No. 146 of the 141st General Assembly, to proper Delaware Legislative Drafting Manual style. Section 39. This section conforms language in § 1774 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that utilized in the referenced § 5603 of that title. Section 40. This section conforms the formatting and style of § 5603 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that of the Delaware Legislative Drafting Manual. Section 41. This section conforms the formatting and style of § 6701B of Title 18, from House Bill No. 160 of the 151st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 42. This section corrects § 710(5), (27), and (29) of Title 19, from House Bill No. 184 of the 152nd General Assembly, by addressing the mistaken impression in those paragraphs that one might request verification “from” a court order or family medical leave record rather by submission of those documents. Section 43. This section makes clear in § 4803(c) of Title 21, from Senate Bill No. 68 of the 152nd General Assembly, that all car fitting stations sanctioned by the Office of Highway Services, not merely those operated by the Office, are eligible for referral for car seat guidance and education. Section 44. This section implements the intent of House Bill No. 165 of the 152nd General Assembly by removing language from § 2502(23)h. of Title 24 which had been improperly removed from the original bill without appropriate striking. Section 45. This section implements the intent of House Bill No. 117 of the 152nd General Assembly in § 2708(a)(1)a. and b. of Title 24 by substituting words inserted into the original bill without appropriate striking of present language and underlining of new insertions. Sections 46 and 47. These sections implement the intent of Senate Bill No. 141 of the 152nd General Assembly in § 3708(a)(3)d. of Title 24 by making a substitution which had been inserted into the original bill without appropriate striking of present language and underlining of the new insertion and by accordingly adjusting an affected internal reference in § 3709(a) of Title 24. Section 48. This section corrects stylistic errors in § 221(b)(3) of Title 26, from House Bill No. 69 of the 150th General Assembly, by conforming “911 Administrator for the State” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 49 and 50. These sections conform the language in § 904(a)(1) of Title 29, from House Bill No. 453 of the 151st General Assembly, to current practices of the Division. As noted in Section 64 of this Act, Section 49 is contingent upon enactment of House Bill No. 288 of the 152nd General Assembly. Sections 51 through 54. These sections correct stylistic errors in §§ 5501(l), 5522(a)(6), 5527(a)(1), and 5543(a)(3) of Title 29, from House Bill No. 179 of the 149th General Assembly, by conforming “911 operator” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 55. This section corrects language in § 7914A(c) and (g) of Title 29, from Senate Bill No. 49 of the 152nd General Assembly, by conforming a reference to the Governor’s Commission on Community and Volunteer Services in the introductory paragraph of (c) of the section to others in the statute and by correcting the impression in subsection (g) of the section that members may be appointed for having committed various enumerated misdeeds. Sections 56 and 57. These sections make corrections in §§ 7970(a)(2) and 7971(b)(5) of Title 29, from House Bill No. 208 of the 149th General Assembly, in order to properly refer to “long-term, acute, or outpatient health-care services” rather than to “long-term, acute, and outpatient health-care services” as referenced in § 122 of Title 16. Section 58. This section makes corrections in § 9008C of Title 29, from House Bill No. 129 of the 142nd General Assembly, by making stylistic changes to conform to appropriate Delaware Legislative Drafting Manual style and by removing an extraneous “both” from paragraph (3) of the section. Section 59. This section corrects an error in § 9011D(a)(3) of Title 29, from Senate Bill No. 161 of the 152nd General Assembly, by substituting an accurate updated internal reference. Section 60. This section makes corrections throughout § 9101 of Title 29, from House Bill No. 368 of the 131st General Assembly, by addressing inconsistent references to the name of the Cabinet Committee on State Planning Issues. Sections 61 and 62. These sections correct errors in Senate Bill No. 134 of the 152nd General Assembly by addressing a typo in § 10212(b)(4) of Title 29 and a grammar error in the introductory paragraph of § 10214(b) of Title 29. Section 63. This section corrects an error in the introductory paragraph of § 1812 of Title 30, from House Bill No. 442 of the 141st General Assembly, by removing the unnecessary statement that “(singular includes plural).” This general rule of construction is already contained in § 304(a) of Title 1. Section 64. This section corrects an error in § 5365(b) of Title 30, from House Bill No. 153 of the 142nd General Assembly, by removing an unnecessary “the” from the text. Section 65. This section makes enactment of House Bill No. 288 of the 152nd General Assembly, implementing the name change of the “Division of Research” to the “Division of Legislative Services,” a prerequisite for enactment of Section 50 of this Act, effective upon the same date as House Bill No. 288 as noted in Section 62 of that Act.
This Act requires the Department of Human Resources to develop an executive branch policy restricting nepotism in state employment and prohibiting supervision of a state employee by a relative. It further requires the legislative and judicial branches, as well as offices headed by other elected officials to develop and implement comparable policies.
This Act is the product of the work of the Firearms Definition Task Force (“Task Force”), which was created by this General Assembly under Senate Concurrent Resolution No. 102. The Task Force found that while a more limited definition of “firearm” that is consistent with the common understanding of the term is required, a more nuanced approach than that taken in House Substitute No. 1 for House Bill No. 224 is also required. As a result, this Act does the following: (1) Adopts the definition of “firearm” proposed by House Substitute No. 1 for House Bill No. 224. (2) Creates a definition for a new term, “projectile weapon”, defined as those weapons previously included in the definition of a firearm, but which are not within the common understanding of a firearm. (3) Makes clear that a “projectile weapon” is a deadly weapon. (4) Amends the Criminal Code, criminal procedure provisions of Title 11, the Beau Biden Gun Violence Prevention Act (§ 1448C of Title 11 of the Delaware Code), the protection from abuse proceedings law (§§ 1041 through 1048 of Title 10 of the Delaware Code), the sexual violence protective order law (Chapter 72 of Title 10 of the Delaware Code), the lethal violence protective order law (Chapter 77 of Title 10 of the Delaware Code), and other provisions in Title 6, Title 10, and Title 24 of the Delaware Code to appropriately distinguish between when a law is intended to just apply to a firearm or to a firearm and a projectile weapon.
This bill names the hill east of Mill Creek situated on New Castle County parcel number 08-025-00-018 as “Lieutenant McMichael’s Hill of Eminence”. This was the site of the action during the Revolutionary War that was the most impactful combat event that occurred on Delaware soil.
Federal and Delaware law protect the right to vote and the rights of individuals with disabilities to have equal access to voting places and public facilities. Nonetheless, recent information suggests that a substantial number of polling places in Delaware are either inaccessible to persons with disabilities or lack accessible parking, infringing on the right of all eligible persons to vote in this State. This substitute, like House Bill No. 293, requires that the Department of Elections ensure that polling places selected for elections are accessible to voters with disabilities and elderly voters. This substitute adds a provision that in addition to being accessible, the accessibility features are available to voters in any election. Like House Bill No. 293, this substitute allows certain exceptions for states of emergency, or for circumstances in which no accessible polling place in a particular polling area is available and the Election Commissioner ensures that those voters impacted are provided with an alternative accessible polling place or alternative means for casting a ballot upon advance request. This substitute limits the states of emergency that would allow an exception to natural disasters or other emergencies that render a polling place unsafe or unusable. This substitute also adds a provision allowing any person with information that the Department has not complied with this section to file an administrative complaint with the Department.
This Act eliminates animal noise and noise disturbances from the Noise Control and Abatement Chapter in Title 7. This Act clarifies the authority of the Office of Animal Welfare and Department of Agriculture to enforce all state laws relating to the protection and control of animals with, as occasion requires, the assistance of police officers. This Act also adds restrictions concerning barking dogs with other provisions concerning dogs currently being enforced by the Office of Animal Welfare. This Act does not prohibit municipalities from enforcing their own dog laws or ordinances if they have their own enforcement agency. This Act clarifies that police officers shall assist the Office of Animal Welfare, as occasion requires, with the enforcement of all State and local dog control laws. This Act prohibits the owner or person in possession or control of a dog from allowing the dog to bark for an extended period, defined as continuously for 15 minutes or more, or intermittently for 30 minutes or more. The Act exempts barking dogs if:(1) a person is trespassing on private property;(2) an animal is intruding on private property; (3) the dog is being teased or provoked. The Act exempts dogs located in:(1)animal shelters; (2) pet stores; (3) dog grooming facilities; (4) veterinarian offices; (5) animal clinics. The Act also exempts dogs engaged in:(1) dog training;(2) dog exhibition; (3) lawful performance competitions; (4) hunting; (5) herding. Civil penalties are a written warning for the first violation, $50 for a second violation, if it occurs more than 7 days after the first violation, $100 for a third violation and $150 for all subsequent violations. This Act is effective 1 year after enactment.
Maddy summaryThis bill clarifies which courts have the authority to hear cases involving illegal speed exhibitions in Delaware. It designates the Court of Common Pleas as the primary court for these offenses, removing the previous ability for Justice of the Peace Courts to try them. However, the law allows a Superior Court to handle the case if the speed exhibition charge is combined with a more serious felony. This change ensures that lower courts do not process these specific violations unless they are part of a larger, more complex legal case.
This Act corrects, clarifies, and amends Title 29, Chapter 69 which articulates state procurement guidelines and procedures. The changes to the chapter realign some responsibilities from the Director of the Office of Management and Budget to the Director of the Section of Government Support Services (Section) within the Office of Management and Budget. Additional chapter amendments include the addition of processes to Subchapter VI, Professional Services, and authorizes the Section to lead some mandatory use Professional Services contracting efforts. The Professional Services changes made are similar to the processes and procedures as identified in other subchapters of Chapter 69. The changes will not impact the vendor community.
Like House Bill No. 286, House Substitute No. 1 for House Bill No. 286 prohibits discrimination in life insurance based on genetic characteristics, genetic information, or the result of any genetic test. House Substitute No. 1 for House Bill No. 286 differs from House Bill No. 286 as follows: 1. Provides a definition of “direct-to-consumer genetic testing”. 2. Allows the use of any genetic information that is in an individual's medical record or application for life insurance. 3. Allows a person engaged in the business of life insurance to request that an individual share genetic information from a direct-to-consumer genetic testing or to request that an individual provide written consent for entity to provide that information. 4. Allows an entity that provides direct-to-consumer genetic testing to share information with a person engaged in the business of life insurance but only with the written consent of the individual. 5. Clarifies that a person engaged in the business of life insurance may not do any of the following: a. Require that an individual take a genetic test. b. Require that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing or provide written consent for the entity to provide that information. c. Take into consideration the refusal by an individual to take a genetic test, provide genetic information received from direct-to-consumer genetic testing, or provide written consent to share information from direct-to-consumer genetic testing. Like HB 286, HS 1 for HB 286 also does all of the following: 1. Makes corresponding corrections to § 2317 of Title 18 by revising the heading for clarity and the definition of "insurance" to conform with the terms and definitions used in Title 18. 2. Is known as "The Ericka Byler Act”.
