Rep. Cyndie Romer

This Act is a substitute for Senate Bill No. 2. Like Senate Bill No. 2 this Act does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. A holder of a valid concealed carry permit, a qualified law-enforcement officer, and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit. (2) Prohibits a licensed importer, manufacturer, or dealer, as well as unlicensed persons, from selling or transferring a handgun to an individual unless the individual has a handgun qualified purchaser permit. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (4) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records. (5) Requires the Department of Safety and Homeland Security to develop and administer a firearms training voucher program for low-income residents to provide low-income residents with a voucher to cover the costs of the firearms training course required under Section 1 of this Act. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 2 as follows: (1) By increasing the time a handgun qualified purchaser permit is valid from 180 days to 1 year. (2) By requiring the Superior Court to schedule the de novo hearing within 15 days of the filing of the appeal rather than to hold the hearing within 21 days of the filing of the appeal. (3) By extending the implementation timeline of Sections 1 and 5 of this Act from a maximum of 6 months from the date of the Act’s enactment to a maximum of 18 months from the date of the Act’s enactment.

House Bill 162 authorizes the process of natural organic reduction to be used in this State. Natural organic reduction is the gentle, respectful process that accelerates the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips, or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere. The process also uses 1/8 the energy of cremation. Section 3 removes "and by the Attorney General or a deputy attorney general" from § 3163 of Title 16, which was overlooked when Chapter 164 of Volume 68 of the Laws of Delaware was enacted, removing similar language in § 3159 of Title 16. Section 12 of this Act replaces the citation to § 3162 of Title 16 with a citation to § 3159. Section 3162 was transferred to § 3159 when Chapter 31 was reenacted by Chapter 274 of Volume 68 of the Laws of Delaware, but this citation was overlooked. This Act takes effect the earlier of 1 year from the date of the Act's enactment or notice in the Register of Regulations that final regulations to implement this Act have been adopted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. This Substitute No. 1 to HB 162 adds requirements to those already set forth in HB 162 for natural organic reduction facilities and changes the permissible chemical limits for final remains after natural organic reduction. This Substitute also sets forth circumstances that preclude remains from being admitted to a natural organic reduction facility. This Substitute defines “final remains” and “last remains” identically in Title 12 of the Delaware Code to allow for the use of either phrase throughout that Title. This Substitute also makes typographical and technical corrections to conform existing and drafted law to the standards of the Delaware Legislative Drafting Manual.

Maddy summaryThis legislative resolution designates the month of May as National Critical Care Awareness and Recognition Month in Delaware. It aims to honor the dedication of medical professionals who treat patients with life-threatening conditions in intensive care units. The bill does not change laws or funding but serves to publicly acknowledge the efforts of critical care teams and raise awareness about their vital work.

Maddy summaryThis bill designates May 2024 as "Community Action Month" in Delaware to recognize the work of Community Action Agencies. It specifically highlights the state's First State Community Action Agency, which has operated since 1966 to help residents facing poverty through housing assistance, job training, and utility support. The resolution serves as a formal acknowledgment of these organizations' efforts rather than creating new laws or funding.

This act regulates persons who receive compensation for advising or assisting with veterans' benefits earned by serving our nation in the military. This bill would not prohibit persons or business entities from receiving compensation for advice to Veterans that is unrelated to veteran claims or services available to veterans from the V.A. or its accredited agencies. Investment, insurance, banking, and other advice or services not provided by the V.A., or its accredited agencies may be obtained by veterans and fees charged for such services.

Maddy summaryThis bill designates May 2024 as Mental Health Awareness Month in Delaware to highlight the importance of mental well-being across all age groups. It calls on citizens and government agencies to increase awareness and support for mental health resources, citing statistics on the prevalence of mental illness and the impact of the pandemic. The resolution also references recent legislative efforts to fund mental health counselors in schools, emphasizing the need for early identification and treatment of mental health conditions.

This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator: Photographic evidence must be taken to document the unauthorized parking of a vehicle before it can be towed. Tow companies and storage facilities must publicly display their rates. Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county. A maximum total towing and storage rate of $500 is imposed. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours. Individuals must be allowed to retrieve at no cost personal belongings from vehicles held in storage. Tow companies and storage facilities must accept credit cards. Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle. Tow companies are liable for property damage sustained due to a non-consensual tow or storage. Tow companies may not patrol for illegally parked cars. Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.

Maddy summaryThis bill officially designates May 2024 as Cystic Fibrosis Awareness Month in Delaware to highlight the disease and support research efforts. It does not change laws or require any new funding, but instead serves as a symbolic gesture to raise public understanding of cystic fibrosis, which affects the lungs and digestive systems of thousands of people. The resolution directs that a copy of the proclamation be given to the Cystic Fibrosis Foundation, aligning with the national theme of fostering community unity around the disease.

Senate Concurrent Resolution No. 99 (152nd) created the Victims’ Bill of Rights Committee (VBR Committee) to perform a comprehensive review of the Victims’ Bill of Rights (VBR) and make recommendation to clarify the VBR, strengthen protections for victims, and ensure that state agencies have the necessary mechanisms, administration, and funding to successfully implement the VBR. To facilitate in-depth review and discussion, the VBR formed the following 4 subgroups: The Victim Safety Subgroup, The Rights of Special Victims Subgroup, The Victims’ Rights to Information and Notification Procedures Subgroup, and the Victims’ Compensation and Administration Subgroup. This Act revises the Victims’ Bill of Rights and the Victims’ Compensation Assistance Program based on the recommendations in the February 27, 2024, Victims’ Bill of Rights Committee Final Report. Section 1 revises Chapter 94 of Title 11 (“this chapter”), the Victims’ Bill of Rights, by making technical changes for clarity and by adding substantive policy provisions that either codify existing practices or create new rights and responsibilities as follows: Substantive changes that establish the following new rights or responsibilities: • To extend these rights to more victims, adds additional offenses to the definition of "crime" for this chapter and includes any offense that is the basis for abuse, domestic violence, or a sexual violence protective order. • Adds a complaint process that a victim or witness can use if a law-enforcement agency fails to comply with this chapter. • Adds the victim’s or witness’s school to the personal information that must be kept confidential. • Provides victims the right to have a victim advocate present at all proceedings related to the crime. • Requires that victim services professionals inform a victim if the victim services professional is required to share information disclosed by the victim that is relevant to the investigation and to whom that information must be disclosed. • Provides rights to victims regarding information about the location, status, and preservation of biological evidence. • Provides a right to submit a victim impact statement that is separate from the current right to participate in the pre-sentence report process. • Updates the manner in which victims receive notifications under this chapter by allowing law-enforcement agencies to send notifications electronically and requiring DELJIS to create the mechanism by which law-enforcement agencies can send these notifications by email. Victims will be able to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible. • Requires that the Department of Justice create a website where the rights of victims and witnesses under this chapter are explained in a user-friendly manner, in English and in Spanish, and in a format that is as accessible as possible for individuals with disabilities. This website must include information about rights victims or witnesses have under other sections of the Code. • Strengthens the annual report requirements for law-enforcement agencies regarding compliance with this chapter by adding specific information that must be included in each report. The individual law-enforcement agency reports must be compiled by the Criminal Justice Council (CJC) into 1 final report and posted on the CJC webpage. • Extends to witnesses the current requirement that the court to provide a waiting area for victims that is separate and secure from the defendant, the defendant’s relatives, and defense witnesses. • Provides witnesses with the same right to the prompt return of property from law-enforcement that currently exists for victims. Substantive changes that codify existing practices: • Updates the definition of “law-enforcement agencies” to include police, the Department of Justice, and the Department of Correction, including probation and parole. • Expands the definition of “representative of the victim” to include members of the victim’s family if the victim is deceased and the parent, guardian, or custodian of a victim who is unable to meaningfully participate in proceedings. It also clarifies the representative of the victim if the victim or the deceased victim’s sibling is in the custody of the Department of ‘Services for Children, Youth, and their Families. • Revises and expands the definition of victim services to include the broad array of assistance that is available to victims of crime. • States that the remedy for a victim or witness if a law-enforcement agency fails to comply with this chapter is to file a writ of mandamus under § 564 of Title 10. • Provides victims and witnesses the right to express safety concerns while attending proceedings at court and to request reasonable measures to ensure their safety, including modifications to standard practices, policies, and procedures. • Provides the right for immigrant victims and witnesses not to be detained by law enforcement or turned over to federal immigration authorities unless there is a judicial warrant. • Requires that the Delaware Criminal Justice Information System (DELJIS) provide a summary of a crime victim’s rights and information about victim services that is printed on the back of the victim’s copy of the initial incident report. • Repeals the applicability of this chapter to qualifying neighborhood or homeowners’ associations. Technical changes: • Reorganizes existing provisions so that rights of all victims are in subchapter I. by transferring the rights of victims with cognitive disabilities from subchapter II. • Reorganizes existing provisions so that rights of all witnesses are in subchapter II. by transferring the rights of witnesses from subchapter I and correspondingly redesignates subchapter II as the Rights of Witnesses to Crime. The rights provided to victims and witnesses with cognitive disabilities are incorporated in the applicable subchapter. • When possible, instead of listing each specific offense included in the definition of “crime”, offenses are included in this definition by subchapter or subpart. • Transfers rights applicable to all crime victims under § 9404 through § 9408 of Title 11 to § 9403 of Title 11. • Repeals unnecessary definitions and language that repeats rights provided in another section of this chapter or elsewhere in the Code. Section 2 revises § 9002 of Title 11 to combine funeral and burial expenses into 1 category of pecuniary loss to simplify approval of payments for these expenses. Section 3 makes corresponding changes to the job title of the victim services personnel who are members of the Victims’ Compensation Assistance Program Advisory Council under § 9003 of Title 11. Section 3 also makes technical corrections to § 9003 and adds standard language regarding the conduct of meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting. Section 4 repeals the requirement that unencumbered balances in excess of $6,000,000 in the Victims’ Compensation Fund at the end of each fiscal year be deposited in the General Fund. Section 5 provides a delayed implementation date to provide the Department of Justice time to create the informational websites for victims and witnesses required under § 9414(c) and (d) of Title 11. Section 6 makes the requirement under § 9414(a)(4) of Title 11 that DELJIS create the mechanism by which law-enforcement agencies can send notifications by email contingent upon an appropriation of the funds necessary to fulfill this requirement and then provides 18 months to implement this requirement. This Act also makes additional technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill names the Newark Regional Transportation Center after United States Senator Thomas R. Carper.