Rep. Ed Osienski

This is a substitute for House Bill No. 326. Non-profit hospitals are granted tax-exempt status on the premise that they serve a vital role in promoting the health and well-being of the communities they serve. Community benefit spending is a means by which hospitals fulfill this obligation. Such spending includes activities like providing uncompensated care, supporting medical research, offering health education and prevention programs, subsidizing community clinics, and addressing social determinants of health. Like House Bill No. 326, this substitute bill requires Delaware’s non-profit hospitals to provide the state and public with an annual report outlining their community benefits spending, bringing Delaware in line with 31 other states, including all of Delaware’s neighboring states, that require reporting. Like House Bill No. 326, this substitute bill defines “community benefits program,” outlines the minimum contents that must be included in a community benefits activity report, and requires that the report be made available to the public. This substitute contains provisions allowing the report to be submitted electronically to State officials on an annual basis. It differs from the original bill in that the deadline for submitting the report is changed from January 31 of each year to 30 days after a hospital files a federal Form 990. This substitute also contains technical changes to reference and accord with appropriate law and regulations, and broadens the list of information that must be included in the community benefits report.

This Bill would reinstate language formerly in the Delaware Code which would permit insurance agents to issue checks to policyholders in time sensitive situations without having to qualify as claims adjusters. This practice would be subject to regulation by the Department of Insurance.

This Act creates the Study Group to Review and Recommend Compensatory Payments for Certain Tax-Exempt Properties Owned by the State to review and evaluate § 8318 of Title 29 and make recommendations regarding the eligibility criteria that should be used to determine which municipalities to receive compensatory payments for tax-exempt property owned by this State ("compensatory payments"), the amount that should be appropriated for compensatory payments, the formulas used to calculate compensatory payments, and how to periodically review this appropriation, eligibility criteria, and formulas no less than every 10 years.

This Act creates a new charitable donation option on the Delaware income tax return. It allows taxpayers to direct a donation to the SL24: Unlocke the Light Foundation out of their state tax refund or in addition to the payment of owed tax. The Foundation works to educate the community to end the stigma, myths, and barriers surrounding mental health and to encourage productive conversations regarding mental health and wellness; provide uninsured and underinsured young people the means to get the critical and ongoing health services they need through the SL24 Mental Health Scholarship program; and provide access to trained Peer24 Team Members, Support Groups, and safe spaces like Sean’s House and Sean’s Rooms; The Act also removes the statutory limitation on the number of charitable funds that may be included on the income tax return.

Maddy summaryThis bill designates July 26, 2024, as "Americans with Disabilities Act Day" in Delaware to honor the anniversary of the federal civil rights law that protects people with disabilities. The resolution does not change any laws or create new regulations but serves as a symbolic gesture to raise awareness about disability rights and inclusion. It encourages the state to inform residents about the importance of equitable treatment for individuals with disabilities and reaffirms a commitment to promoting accessibility.

This resolution recognizes June 2024, as Alzheimer's and Brain Awareness Month and urges all Delawareans to wear purple to help spread awareness of Alzheimer's and all other dementias.

The primary purpose of this Act is to remove the requirement that a public school district employee who donates leave to another employee must donate 2 days of leave for the other employee to receive 1 day of leave. Further, this Act repeals Chapter 187 of Volume 81 of the Laws of Delaware ("this law"). Adopted in 2017, this law was designed to provide full-time employees of the State, including employees of school districts, with the ability to donate leave to other employees for use in connection with the birth or adoption of a child under 6 years of age. This law has never taken effect as the law does not take effect until the Office of Management and Budget ("OMB") receives a letter from the Internal Revenue Service ("IRS") stating that the tax treatment of the expansion of the donated leave program contemplated by this law will receive the same tax treatment as Delaware’s current donated leave program. OMB has not requested this letter from the IRS because, based on OMB's research, OMB does not believe this law would receive the same tax treatment by the IRS and because the General Assembly subsequently enacted Chapter 285 of Volume 81 of the Laws of Delaware, which provides 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger for those continuously employed for at least 1 year as full-time employees of this State, including employees of school districts. Sections 1 and 2 of this Act re-enact portions of Chapter 187 of Volume 81 of the Laws of Delaware that would have also applied to the existing donated leave program for catastrophic illness. Specifically these provisions are intended to do the following: (1) Clarify how much leave employees of a public school district who do not accrue annual leave must use before being eligible for donated leave. (2) Clarify the interaction between donated leave and leave available under the federal Family and Medical Leave Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including transferring existing definitions to a central definition section and transferring provisions that are substantive law out of defined terms. This Act is named in honor of Christopher Chujoy, a special education instructional aide in the Red Clay Consolidated School District. Mr. Chujoy was diagnosed in August 2022 with stage IV cancer. Mr. Chujoy used up all of his available sick time before his passing and his situation raised the issue that is the primary purpose of this Act.

This Act creates a new state-level Department of Veterans’ Affairs, headed by a cabinet-level Secretary appointed by the Governor with the advice and consent of the Senate. The Department will take over most of the duties currently handled by the Commission on Veterans’ Affairs and its staff. The Commission will continue in its current form, but under the Department of Veterans’ Affairs rather than the Department of State, and it will continue to advise on the duties of the Department and make recommendations regarding the welfare of veterans in the State. The Department will assume the assets and liabilities of the Commission and current staff of the Commission will become staff of the Department.

This bill provides important consumer protections for property insurance contracts by improving the reliability of mailed notifications of policy cancellation or renewal. Section 1 of this bill requires insurers to deliver any homeowners’ notices of cancellation or nonrenewal by USPS certified mail or USPS Intelligent Mail barcode. Further, whereas currently an insurer can cancel or non-renew a policy because of two non-weather-related claims over the lifetime of the policy, this legislation provides a reasonable claims lookback period for non-weather-related claims, as is already the case for claims in other portions of this subsection of the Code. Section 2 of this bill precludes an insurance carrier from refusing to renew a homeowners’ policy based on non-weather claims unless 2 or more claims occur within the 36-month period immediately preceding the expiration of the current policy period.

Maddy summaryThis bill is a concurrent resolution that officially designates June 2024 as Pride Month in Delaware. It does not create new laws or change state policies but serves to acknowledge the historical significance of the LGBTQ+ community and its ongoing fight for equality. The text highlights the progress made since the 1969 Stonewall riots while noting that discrimination and hate crimes against LGBTQ+ individuals, particularly transgender people, remain concerns. By recognizing this month, the legislature aims to show support for the community and reaffirm its commitment to fairness and dignity for all Delaware residents.