Rep. Josue Ortega

This Act requires that when all or part of the tenant’s rent is paid from a state fund for reentry services, a landlord must assist the tenant in completing a discharge plan to attempt to provide a warm handoff before terminating the tenant’s lease. This Act also closes a loophole in existing law that allows unlicensed or uncertified operators of residential housing to claim exemption from the Residential Landlord-Tenant Code, including the procedural requirements for an eviction. Existing laws prohibit someone from losing their housing without notice because • A landlord must comply with the notice and judicial procedure under the Residential Landlord-Tenant Code, Part III, Title 25. • Licensed health care providers must provide discharge planning before an individual is required to leave a residential treatment program under § 1127, § 5161, and § 3004J of Title 16. • Certified recovery homes must make a reasonable effort to connect a resident with appropriate services when terminating the resident’s admission agreement under § 2206A of Title 16. Section 1 of this Act closes a loophole in current law that allows some landlords to claim their tenants are excluded under § 5102(1) of Title 25 from the protections required before eviction under the Residential Landlord-Tenant Code without being required to provide discharge planning or connecting the resident with appropriate services. This Act revises 3 of the exclusions by using the modern terms and where possible, the applicable licensing law for this State, to prevent housing providers from claiming exclusion from the Residential Landlord-Tenant Code even if the provider is not licensed or certified to provide services. This Act does not apply to or revise the exclusions to the Residential Landlord-Tenant Code under paragraphs (4) through (6) of § 5102 of Title 25, including the existing exclusion for certified recovery houses. Section 2 of this Act creates new requirements under § 5512A of Title 25 if all or part of a tenant’s rent is paid using money from a State reentry fund. Before or with the first payment, the person responsible for payments from the fund must provide the landlord with an explanation of these requirements, contact information, and the model discharge plan. The Department of Health and Social Services (DHSS), in consultation with the Department of Justice (DOJ), must create a model discharge plan. Then, before terminating the tenant’s lease, the landlord must assist the individual in creating a discharge plan that includes shelter or housing and provide notice that the tenant’s lease is being terminated as follows: • To the person making rent payments from the fund. • If the landlord knows that the tenant is under the supervision of the Department of Correction, to the Department of Correction and the local law enforcement agency. If a landlord fails to comply with the discharge planning and notice requirements, the landlord is debarred from receiving payments from any State reentry fund for 1 year. If the landlord is receiving payments from a State reentry fund for any other tenants, those tenants are not responsible for the share of the rent that was paid by the fund and have the option to do any of the following: • Continue the tenancy without payments from the fund. If the tenant chooses to continue their tenancy, the amount of their rent becomes the tenant’s share of the rent, calculated by subtracting the amount paid by the fund from the total rent under the rental agreement. • Terminate the lease immediately. • Terminate the lease with 30 to 60 days notice. These requirements are enforceable by the Department of Justice and also by the Justice of the Peace Court, because the contents of an eviction complaint must include a brief statement of compliance with the requirements under § 5512A(c) and copies of all required notices. Section 3 of this Act is a technical clarification to clarify that “this Code” and “Landlord-Tenant Code” both refer to the Residential Landlord-Tenant Code under Part III of this title. Both “this Code” and “Landlord-Tenant Code” are used throughout Chapter 51 through Chapter 59 of Title 25 as abbreviations of the Residential Landlord-Tenant Code and under § 101 of Title 1, “this Code” could also refer to the entire Delaware Code. Section 4 of this Act makes the new requirements for reentry funds under § 5512A of Title 25 applicable to the rental of single rooms in owner-occupied buildings under § 5512 of Title 25. Section 4 also reorganizes the existing language in § 5512 because as 1 sentence, the current language is difficult to understand. This Act takes effect 6 months after enactment to provide time for DHSS and DOJ to develop the model discharge plan and for agencies, including the Department of Correction and local law enforcement agencies, to develop policies and procedures necessary to implement and respond to notification under these requirements. The new requirements under § 5512A of Title 25 apply to rental agreements entered into on or after 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 Act is known as “The Grace Peterson Act”.

Maddy summaryThis Delaware bill allows a staff member to attend a virtual meeting from an anchor location instead of a public body member. The change updates the rules for virtual meetings in Title 29 of the Delaware Code to include this specific staffing arrangement. It directly affects public bodies in the state by modifying how they conduct remote sessions. The legislation was passed by both the House and Senate to formalize this procedural adjustment.

This Act changes the statutory speed limit for residential districts to 20 miles per hour. This Act provides a 5-year window for signage to be updated.

This Act clarifies that penalties associated with section 4512 of Title 21, relating to truck parking, are applicable to parking violations in both residence and non-residence districts. This Act further clarifies that truck tractors (with and without attached trailers) may be prohibited from stopping, standing, or parking on highways in the same manner as trailers and semitrailers.

This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for pregnant persons at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the pregnant person’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act adds any act that contains the characteristics of a hate crime to the definitions of crimes for the purposes of the Victims Compensation Assistance Program.

This Act prohibits the Department of Corrections from entering into contracts with any for-profit entity for the use of inmate labor. This Act does not apply to § 6533 of Title 11 relating to outside employment and work release.

This Act amends Title 23 of the Delaware Code to increase the maximum draft limit applicable to sixth class pilots from 27 feet to 29 feet, enabling the safe pilotage of deeper-draft vessels and aligning pilotage standards with modern shipping practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act provides limited immunity from prosecution for persons who seek to report a sexual offense. Under this Act a person who is a victim or witness or otherwise seeks law enforcement assistance in relation to a sexual offense may not be charged, arrested, or prosecuted, or issued a civil citation for low-level crimes relating to drug or alcohol use or possession. This Act also provides that a person’s probation or pretrial release status may not be revoked or changed based on an incident for which the person would receive the limited immunity from prosecution provided under this statute.

Senate Substitute No. 1 for Senate Bill 208 differs from Senate Bill No. 208 in the following 9 ways: 1. Makes technical corrections, including changing § 3508A and § 3509A to § 3508B and § 3509B to avoid confusion with existing code sections in Chapter 35A of Title 24 of the Code, correcting the title for § 3509 and § 3509B, and making changes to use consistent language and structure. 2. Adds cognitive rehabilitation to the list of evidence-based therapeutic interventions under the practice of psychology. 3. Adds cognitive therapy to the list of therapies that are included as examples of evidence-based interventions. 4. Replaces "organic brain syndromes" with the modern term " brain-based disorders". 5. Adds programs accredited by the Canadian Psychological Association to the list of degree programs that are accepted by the Board of Examiners of Psychologists (Board) for licensure or registration under Chapter 35 of Title 24 of the Code. This makes it easier for individuals from Canada to be licensed or registered under Chapter 35 of Title 24 of the Code. 6. Removes from the qualifications of applicants for licensure as a licensed psychology associate the requirement that a master’s degree must be from a program with a minimum of 60 graduate semester hours, because the qualifications of applicants for licensure as a psychologist do not include a required number of semester hours for doctoral degree programs. The Board determines the qualifications of applicants, including whether the applicant’s degree is from a program that meets the requirements listed in § 3508 and § 3508B of Title 24. 7. In the scope of practice of a licensed psychology associate, replaces "general measures of cognitive abilities and achievement" with "measures of intellectual ability". This clarifies that a licensed psychology associate may not administer neuropsychological tests. 8. Updates registration as a doctoral-level psychological assistant under § 3509 and registration as a master's-level psychological assistant under § 3509B to reflect modern practice. The applicant for registration, not the supervising psychologist or supervising licensed psychology associate, is responsible for providing to the Board evidence of the applicant's qualifications for registration. Similar updates are made throughout Chapter 35 of Title 24 to reflect that the individual applying for registration is applying rather than the supervising psychologist or licensed psychology associate. 9. Removes the requirement for applicants for licensure or registrations under Chapter 35 of Title 24 to submit the applicant’s criminal history reports from the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) to the Board. The Board directly receives electronic copies of each applicant’s criminal history reports from the SBI and the FBI, as provided in § 3508(b)(1), § 3508B(b)(1), §3509(b)(1), and §3509B(b)(1). Like SB 208, this Act adds 2 additional psychology professionals regulated under Chapter 35 of Title 24: (1) a licensed psychology associate and (2) a master’s-level psychological assistant. This Act also renames the psychological assistant registered under § 3509 of Title 24 to “doctoral-level psychological assistant” to mark the difference in education between the existing psychological assistant and the master’s-level psychological assistant added by this Act. This Act also changes § 3511 to clarify that licensing through reciprocity does not apply to individuals registered under § 3509 and § 3509B. A licensed psychology associate may independently practice at a master’s-level of education and training, subject to the limitations listed under § 3508B(e) added by this Act. The Board of Examiners of Psychologists (Board) may grant a license to practice as a licensed psychology associate if an applicant meets certain qualifications, including holding a master’s degree in psychology from an accredited school, completing an internship, obtaining at least 2 years of supervised professional experience, and achieving a passing score on a Board-approved examination. A licensed psychology associate is subject to the same standards as a psychologist licensed under Chapter 35 of Title 24, including handling of patient records, mandatory reporting, character and fitness requirements, and professional discipline. A licensed psychology associate also may be granted a license by reciprocity. An individual who is seeking further licensure under Chapter 35 of Title 24 may register as a master’s-level psychological assistant. A master’s-level psychological assistant may perform specific functions, appropriate for the assistant’s level of education and training, under the supervision of a licensed psychologist or licensed psychology associate. The supervising licensed psychologist or supervising licensed psychology associate may apply to the Board for registration of a master’s-level psychological assistant and shall provide to the Board evidence that the individual presented for registration has the required master’s-level of education and training, that the individual will receive appropriate training and supervision, that the individual meets character and fitness requirements. The supervising psychologist or licensed psychology associate must also give the Board a statement outlining the specific functions the master’s-level psychological assistant will perform under supervision. The individual seeking registration must provide a statement, under oath, that the individual will not practice independently, will perform only the specific functions outlined in the statement submitted by the supervising psychologist or supervising licensed psychology associate, and will not represent that the individual is a licensed psychologist or licensed psychology associate. A master’s-level psychological assistant is subject to the same professional standards and professional discipline as a doctoral-level psychological assistant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Technical changes include removing deadlines that have passed and are no longer relevant, changing language to increase clarity and consistency, and changing the structure of certain paragraphs to increase readability and organization. Additionally, to clarify that all applicants for licensure or registration under Chapter 35 of Title 24 must provide criminal background checks, this Act moves the provision requiring applicants to provide fingerprints to obtain a criminal background report from § 3514 of Title 24 to the qualification requirements for each individual licensee or registrant under § 3508, § 3508B, § 3509, and § 3509B of Title 24. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act is effective on its enactment and is to be implemented the earlier of the following: 1. Twelve months from the date of enactment. 2. Notice by the Board of Examiners of Psychology published in the Register of Regulations that final regulations to implement this Act have been adopted.