Rep. Paul Baumbach

This Act is the Delaware Libraries for All Act. It explicitly adds “public libraries” to the definition of “place of public accommodation” for purposes of Delaware’s Equal Accommodations Law. It also directs the Delaware Library Consortium to develop and adopt common policies concerning collection, development, and other topics in order to ensure equitable access and the right to read for all Delawareans.

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.

This bill amends Chapter 68 of Title 18, related to medical negligence insurance and litigation, to repeal those provisions of the law that are expired or that are no longer used as a matter of practice in medical negligence litigation.

Early, sustained exposure to peanut and egg proteins in the infant diet significantly reduces the risk that an infant will develop a peanut or egg allergy, saving lives and future health care costs. Following multiple clinical studies, the current guidance of the American Academy of Allergy, Asthma, and Immunology and the American College of Allergy, Asthma, and Immunology, which is followed by pediatricians, recommends that by age 6 months, all infants should be introduced to both peanut and egg protein and that unless contraindicated, all infants should regularly consume peanut and well-cooked egg protein until they reach the age of 1 year, to reduce the risk of developing peanut or egg allergies. This Act requires that all health insurance plans subject to requirements under Delaware law, including Medicaid, provide coverage, at no cost when prescribed to infants, of at least 1 early peanut allergen introduction dietary supplement and at least 1 early egg allergen introduction dietary supplement. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2025.

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 creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section. This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. Finally, the Act increases the maximum monetary penalty for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect 1 year after its enactment. This House Substitute No. 1 for House Bill No. 270 differs from the original in the following ways: It specifies that information related to theft and loss prevention policies and procedures is not subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905. It specifies that the content of loss and prevention policies are not a basis for denial of a deadly weapons dealer license. It reduces all of the monetary penalties. It removes the shoplifting enhancement. It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.

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 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).