Rep. Cyndie Romer

This statutory addition to Delaware’s Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."

The expectation for speed enforcement, under Delaware's Motor Vehicle statute, are Delaware's law enforcement agencies. It is not always possible for law enforcement officers to effectively enforce the speed limitations due to a number of factors, including, but not limited to, officer availability and safety. The original Act enabled the State, as well as counties and municipalities to more effectively enforce speed limits on roads in a residential district in which a Department of Transportation study, no more than 1 year old, documents that the 85th percentile speed on the road is 5 miles per hour or more than the posted speed limit or the road is in a designated work zone. For a violation to occur a motor vehicle must exceed the posted speed limit by 11 miles per hour or more. This Act would impose only civil penalties for violations and does not impose points on the owner or operator’s driver’s license. Jurisdiction for adjudicating alleged violations would be in the Justice of the Peace Court and there would only be a right of appeal to the Court of Common Pleas if the penalty exceeds $100. Any excess revenue not used for administration of the system, will be managed by the Office of Highway Safety and used only for purposes of education, enforcement, engineering and administration. This Act will sunset in 5 years if not extended by a subsequent act by the General Assembly. This Act is a substitute for and differs from House Bill No. 94 in that it eliminates enforcement by Delaware State Police, anywhere other than work zones, and limits approval and implementation of the speed monitoring system to residential districts in New Castle County and municipalities. This Act also requires payment of voluntary assessments to be made to the entity designated on the summons, which may be the Department of Safety and Homeland Security or the county or city where the speed camera was located.

According to the Mayo Clinic, miscarriages occur in about 20% of all pregnancies, and generally, in the first 12 weeks. According to the Centers for Disease Control, 1 out of every 100 American pregnancies ends in stillbirth. Black women have a significantly higher risk of miscarrying— 43% higher when compared to white women. Black mothers are also more than twice as likely to experience stillbirth compared to Hispanic and white mothers. This bill provides State employees who suffer a miscarriage, stillbirth or other loss, a maximum of 5 days of paid bereavement leave. This Act shall be known as the "Sloane Hajek Act of 2023".

This Act updates the makeup and duties of the Council of Apprenticeship and Training to meet the current needs of the DOL, the apprenticeship workforce, and employers. It clarifies the duties of the Council, the membership of the Council, and term limits for council members.

This resolution recognizes the month of October 2023 as Breast Cancer Awareness Month.

This Act requires law-enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty to the Office of Animal Welfare that is discovered while performing their responsibilities in child welfare cases. This Act also provides immunity to people who in good faith, report suspected animal cruelty. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act adds the following acts against a person's companion animal or service animal to the definition of abuse for protection from abuse proceedings: 1. Engaging in cruelty. 2. Inflicting physical injury. 3. Engaging in a course of alarming or distressing conduct. In addition, this Act provides specific authority for the Court to include provisions in a protection from abuse order that grant a petitioner exclusive care, custody, or control of a companion animal and order a petitioner to stay away from the companion animal. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act clarifies former HB 148 from the 151st General Assembly by defining the start and end date of the 4 year lookback period that determines if a municipality, governmental unit, the University of Delaware, or Delaware State University is subject to reimbursement for an employee’s training expenses when the employee is hired by another municipality, governmental unit, the University of Delaware, or Delaware State University.

This Act requires Family Court to award possession and provide for the care of companion animals when dividing marital property after considering the well-being of the companion animal. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act increases funding for preschool children with disabilities who are not counted in either "intensive" or "complex" special education units by revising the current ratio of 12.8 students per unit to 8.4 students per unit for preschool children included in the basic unit count. This is the same ratio in effect as of July 1, 2023, for K-3 basic special education. The Act also consolidates the K-3 Basic Special Education Unit with the 4-12 Basic Special Education Unit as the ratio is the same for each group as of July 1, 2023. This substitute bill is different from original HB33 in that it omits the “Preschool 2 Basic Special Education Unit.” The preschool funding change is effective July 1, 2023.