This Concurrent Resolution commemorates January 22nd, 2023 as the 50th Anniversary of the United States Supreme Court ruling in Roe v. Wade.
This Act requires all schools with a student diagnosed with a seizure disorder to train at least 2 employees in the administration of rescue medication or treatment prescribed to treat a student with a seizure disorder. Training includes the administration of a manual dose of prescribed electrical stimulation using a Vagus Nerve Stimulator magnet. A school nurse employed full-time by a school is not required to meet these training requirements but may serve as 1 of the 2 required employees that are trained in the administration of seizure rescue medications. This Act requires all school employees, bus drivers, and other relevant school personnel, with direct contact and supervision of students to be trained every 2 years in administering first aid to a student suffering from a seizure. Age-appropriate training shall also be provided to all students. A parent of a student diagnosed with a seizure disorder shall collaborate with the school to create a seizure action plan. The seizure action plan shall include written authorization to administer seizure rescue medication or treatment and specific instructions for administering medication and treatment from the student’s health care provider. The seizure action plan shall be effective for 1 school year. The seizure action plan shall be in addition to a § 504 plan or individualized education program if such a plan or program is required. The Department of Education shall adopt required training programs for staff administering seizure medication or treatment that are consistent with training programs and guidelines developed by the Epilepsy Foundation of Delaware or a similar nonprofit. Education programs for school staff and students shall also be consistent with training programs developed by the Epilepsy Foundation of Delaware or similar nonprofit. The Department of Education shall promulgate regulations for the development and content of a seizure action plan and other rules necessary to implement this chapter. Any person that provides assistance under this chapter to a student suffering from a seizure is not liable in any criminal or civil action, unless such acts or omissions are wilful or grossly negligent. This Act is effective immediately and is to be implemented 1 year from the date of the Act’s enactment, or by notice of the Secretary of the Department of Education that final regulations have been published in the Register of Regulations, whichever is earlier.
This Senate Concurrent Resolution honors and recognizes the leadership, achievements, and sacrifices of Dr. Martin Luther King, Jr. and urges all citizens of the First State to participate fittingly in the observance of Dr. Martin Luther King, Jr. Day on January 16, 2023.
The bill requires that third-party cost-sharing assistance utilized by patients is applied toward the enrollee's health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to patient’s deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024.
House Bill No. 293 requires that meetings of public bodies that are open to the public must provide an opportunity for public comment. Meetings of a public body of the General Assembly are excluded from the requirement to provide an opportunity for public comment because under § 9 of Art. II of the Delaware Constitution, the rules of proceedings for legislative meetings are established by the Senate and House of Representatives of each General Assembly. House Substitute No. 1 for House Bill No. 293 differs from House Bill No. 293 by revising the limitations a public body may impose on public comment as follows: 1. It requires that the time for public comment provide a meaningful opportunity for the public to engage with the public body. 2. Allows a public body to impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each person providing public comment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.
This Act amends Delaware’s Whistleblower Protection Act to preclude an employer from reporting or threatening to report an employee’s citizenship or immigration status or a family members citizenship or immigration status to a federal, state, or local agency, in response to the employee engaging in a protected activity under Delaware’s Whistleblower Act.
This Act modernizes the hate crime statute and consolidates related offenses together with the hate crime statute in the Criminal Code. Changes to the hate crime statute include: (1) That the hate crime be motivated, in whole or in part, on a bias. This reflects instances where a hate crime is committed but is only motivated in part by hate in addition to another component. (2) That the focus be on the defendant’s belief or perception. Currently our law focuses on the victim’s actual race, gender, religion, or other immutable characteristic, rather than focusing on the state of mind of the defendant. This change refocuses the inquiry on the defendant’s state of mind, and specifically, what the defendant believes to be true at the time the act was committed. (3) Prohibiting any crime committed in whole or in part on a belief or perception of an immutable characteristic of a group. This Act adds “group” to make clear that a hate crime can be committed because of the hate towards a group at large. In addition, this Act does the following: (1) Combines and updates the existing desecration and desecration of a burial place sections maintaining the existing penalties. (2) Establishes a right of civil remedies to allow individuals to seek relief from hate crime, desecration, and religious symbol burning related injury. (3) Requires law enforcement to report violations and investigations of violations of hate crimes to the Division of Civil Rights and Public Trust. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act deletes from the Delaware Code a derogatory and highly offensive term for Italian-, Spanish-, and Portuguese-American immigrants.
This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
This Substitute Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.
