Rep. Bill Carson

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.

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.

This Act clarifies various aspects of the State’s unclaimed property laws, specifically: Section 1 clarifies and confirms current practice regarding the definition of “foreign country” or “foreign jurisdiction.” Section 2 clarifies and confirms current practice regarding the definition of “owner.” This section is not intended to limit holder reimbursement claims, where a holder seeks to claim from the state previously reported property that the holder returned to the owner subsequent to the filing of the report. Section 3 conforms Delaware's unclaimed property statute more closely to the 2016 Revised Uniform Unclaimed Property Act (RUUPA), clarifying that foreign-addressed property that is reportable to (or specifically exempted by) a foreign country is not reportable to Delaware. This section applies to reports filed and property remitted after the effective date of this Act. This Section shall not be construed to allow for holder refunds under 12 Del. C. § 1144 for reports filed or property remitted prior to the effective date of this Act. Section 4 limits the filing of amended reports by holders seeking a refund of property when claims have been filed and paid on the property; when the original report was filed in conjunction with an examination or voluntary disclosure agreement submission; or after 3 years, when the holder seeks a refund due to an error in a cost of goods sold (COGS) calculation, as it usually pertains to the reporting of gift card property. This section is not intended to limit holder reimbursement claims, where a holder seeks to claim from the state previously reported property that the holder has since returned to the owner. Section 5 clarifies when the owner notice requirements enacted on February 2, 2017, took effect. Section 6 clarifies and confirms current practice that holders must pay and deliver property at the same time they file their report. Section 7 section enacts provisions that have allowed Texas to successfully pursue claims in bankruptcy for unclaimed property reported, but not paid to the state, prior to a bankruptcy, should Delaware pursue similar claims in the future. Section 8 clarifies the state’s indemnification obligations and definition of good faith generally and specifically for property reported "early" (before the full dormancy period has run). This section also establishes that the State Escheator may enter into written indemnification agreements with holders requesting to report and remit property "early" (before the full dormancy period has run). The amendment of this section to clarify the State Escheator’s complete discretion to grant or deny early escheatment requests under § 1155(b) merely recognizes the unreviewable discretion already provided under that section. Section 9 clarifies and confirms current practice, allowing the State Escheator to decline to take custody of physical property, including savings and bearer bonds, any property that may present a future litigation risk to the state, worthless or nonfreely transferable securities, and virtual currency for which no ready public market exists. Section 10 clarifies and confirms current practice, allowing the State Escheator to submit an affidavit after a review of business records and procedures as evidence of owner notice and publication. Section 11 eliminates inefficient administrative processes and ensures that unclaimed property reported as owned by state agencies and discretely presented component units included in the state’s annual comprehensive financial report of the state remains in the state’s General Fund to be allocated only via the conventional legislative budget process. This section is similar to a statute adopted by Illinois. Section 12 clarifies and confirms current practice that during an examination, the State Escheator may send or direct a holder or agent to send an owner notice letter (commonly called a “due diligence letter”) in the format specified by the State for any item identified as potential unclaimed property, including items that may be part of a sample population in conjunction with estimation, extrapolation, and statistical sampling, even if the item is not or would not be reportable to Delaware. Section 13 clarifies that requests to the Secretary of Finance to review certain discretionary determinations of the State Escheator during expedited examinations must be submitted in writing within 30 days of the State Escheator’s determination. Section 14 clarifies and confirms current practice that Voluntary Disclosure Agreements administered by the Secretary of State must comply with all provisions of this title. Section 15 states that Sections 1, 3, 6, 7, 8, and 9 of this Act take effect on enactment. Section 16 states that it is the intent of the General Assembly that Sections 5, 10, 12, 13, and 14 of this Act take effect upon enactment and also apply retroactively to any claims, examinations, voluntary disclosure agreements, or litigation pending as of the effective date of this Act. Section 17 states that it is the intent of the General Assembly that Sections 2, 4, and 11 of this Act take effect upon enactment and also apply retroactively to reports filed or property remitted prior the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill reorganizes provisions within the Insurance Code to centralize licensing and filing fees within one statutory provision (§ 701) and reconciles differences between the licensing and filing fees set forth in § 701 and within the specific licensing statutes. This bill also creates new licensing or registration fees for reciprocal insurers and certified reinsurers to align the costs of processing applications for these insurers with similarly-licensed or accredited insurers and reinsurers.

This Act requires that individual, blanket, and group health insurance carriers cover drug treatment for the associated conditions of metastatic cancer in the same way treatment for metastatic cancer is covered. Specifically, it requires insurance companies to cover any FDA approved drug prescribed to treat the side effects of metastatic cancer treatment and prohibits insurance companies from mandating that patients first fail to respond to a different drug or prove a history of failure of such drug. Technical changes are also made to comply with the Delaware Legislative Drafting Manual.

This is a clean-up bill that moves certain workers’ compensation-related provisions in Chapter 25 of Title 18 to Chapter 26 of Title 18, the latter of which shall exclusively govern workers’ compensation filings. The bill also makes technical corrections to conform with the Legislative Drafting Manual.

On military installations subject to exclusive federal jurisdiction, the investigation and prosecution of juveniles for alleged violation of federal crimes is conducted in the federal court system. The federal court system often tries juveniles as adults and it lacks juvenile-focused resources. Federal law, however, permits the State to accept concurrent jurisdiction over juvenile matters on military installations if a request is made by a United States official and the Governor, via Executive Order, accepts the request. This Act provides the statutory authority for the State to accept concurrent jurisdiction over crimes or delinquent acts involving juveniles on military installations located in the State. According to this Act, if the Governor accepts a request for concurrent criminal juvenile legislative jurisdiction from a United States official, a State agency or local government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibility related to the concurrent criminal juvenile legislative jurisdiction. This Substitute bill adds “delinquent acts” to those juvenile matters the Family Court has jurisdiction to adjudicate within a military installation. It also clarifies that offenses within a military installation that are adjudicated in Family Court must have been committed while the child was under the age of 18. This Substitute bill also provides concurrent jurisdiction for those criminal offenses involving a child in which the child has been determined to be amenable to prosecution as an adult in Superior Court. This Substitute bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The United States Department of Agriculture runs a voluntary program that provides risk management coverage to dairy producers that pays out based on the difference between the national price of milk and the average cost of feed. This Act enables the Delaware Department of Agriculture, subject to the availability of funding, to reimburse eligible dairy operators in the state for the cost of the premium to enroll in the USDA program.

This Act establishes the Delaware Agricultural Production Assistance Program. The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre. The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers. The Department would administer the Program. The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.