Rep. Kerri Harris

The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act implements the process of aligning the end of the term of each of the members of the Governor’s cabinet with the end of the Governor’s term by designating the principal officer of each executive department who is subject to the amendments to § 10 of Article III of the Delaware Constitution proposed by Senate Bill No. 15. The General Assembly’s intent in making this change is to require each member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of a Governor. This Act also makes the following consistent: (1) The method of determining the annual salary of members of the Governor’s cabinet, by providing that the General Assembly is to set the salary in the annual appropriations act, thereby conforming the Delaware Code to current practice. (2) The preference for members of the Governor’s cabinet being residents of this State on appointment, by removing from the Delaware Code the preference for residency for the Secretary of the Department of Safety and Homeland Security, the Secretary of the Department of Finance, the Secretary of the Department of Transportation, the Secretary of Labor, the Housing Director of the Delaware State Housing Authority, and the Secretary of the Department of State. Residency requirements for members of the Governor’s cabinet are being removed from the Delaware Code by this Act and replaced with a notation that residency requirements are as provided in the Delaware Constitution. Residency requirements for members of the Governor’s cabinet will now be consistent, requiring the members to be residents of this State within at most 1 year after appointment and to remain residents of this State or be deemed resigned from office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Because the next General Assembly must concur in the proposed amendment to the Delaware Constitution, this Act does not take effect until the passage of the second leg of the constitutional amendment in the 153rd General Assembly.

This Act implements a recommendation from the December 31, 2023, Report of the Retiree Healthcare Benefits Advisory Subcommittee. Under this Act, the amount of the premium for a health-care insurance plan that this State will pay on behalf of eligible pensioners who were first employed as a regular officer or employee on or after January 1, 2025, and who are not subject to mandatory retirement, is changed as follows: 1. For eligible pensioners employed by the State for at least 15 years but less than 20 years at the time of retirement, 50% of the of the premium. 2. For eligible pensioners employed by the State for at least 20 years but less than 25 years at the time of retirement, 75% of the of the premium. 3. For eligible pensioners employed by the State for 25 or more years at the time of retirement, 100% of the of the premium. All other revisions to current law under this Act are technical changes to improve clarity and conform existing law to the standards of the Delaware Legislative Drafting Manual. These technical changes include the addition of new defined terms and the reorganization of existing law. In § 5201 of Title 29, this Act makes the following technical changes: 1. Revises the definitions of “eligible pensioner”, “plan”, and “regular officer or employee” to remove inconsistent language and align with each other and current law. 2. To avoid repeating phrases in § 5202 of Title 29, clarifies that only for purposes of the amount of the premium paid by the State for health-care insurance plans, the term “eligible pensioner” includes the eligible pensioner’s eligible spouse and dependents and defines the following terms: • “First employed” means the date when the eligible pensioner began work as a regular officer or employee. • “Mandatory retirement” means mandatory retirement for members of the State Police under § 8361 of Title 11. • “Maximum state share" means the amount of the premium that the State pays for a plan before the proration ratio is applied. • “Premium” means the total premium or subscription charge for a health-care insurance plan provided under Chapter 52 of Title 29. In § 5202 of Title 29, this Act makes technical changes to clarify current law regarding the amount of the premium for a health-care insurance plan that this State will pay on behalf of a regular officer or employee or an eligible pensioner by doing the following: 1. Creates the following terms: • “Proration ratio”, which means the percentage applied to the maximum state share. For eligible pensioners, the “proration ratio” is based on when the eligible pensioner was first employed and the number of years the eligible pensioner had been employed as a regular officer or employee at the time of retirement. • “Prorated state share”, which means the dollar amount that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner. The “prorated state share” is the product of multiplying the proration ratio with the maximum state share. 2. Revises subsection (a) to use the new terms defined under this Act. 3. Transfers the current provisions in paragraphs (b)(1) and (b)(2) that provide the maximum state share for eligible pensioners to subsection (a), so they are with the maximum state share for regular officers and employees. 4. Revises subsection (b) so that the proration ratio and how it is used to determine the prorated state share is explained in paragraph (b)(1) and the proration ratios are provided in paragraphs (b)(2) and (b)(3). • Paragraph (b)(2) lists all groups for whom the proration ratio is 100% because there are no deductions to the maximum state share. • Paragraph (b)(3) provides the proration ratios for eligible pensioners based on the date the eligible pensioner was first employed and years of employment as a regular officer or employee. These ratios clarify that for eligible pensioners who worked for less than the minimum number of years for the 50% proration ratio, the State does not pay anything towards the maximum state share.

Delaware law prohibits discrimination on the basis of protected characteristics in housing and property transactions. This Act would add "housing status" as a protected characteristic.

The Delaware Medical Orders for Scope of Treatment “DMOST” was enacted in 2016 under HB 64 (148th). The DMOST form allows Delawareans to plan ahead for health-care decisions, express their wishes in writing, and both enable and obligate health care professionals to act in accordance with a patient’s expressed preferences. A DMOST form is different than an Advance Health-Care Directive because a DMOST form contains portable medical orders that respect the patient’s goals for care in regard to the use of CPR and other medical interventions. Currently, DMOST is being underutilized, despite efforts by advocates and the creation of a statewide, electronic registry for DMOST forms hosted by the Delaware Health Information Network (DHIN). This Act will improve the utilization of DMOST forms by health-care practitioners, health-care providers, emergency-care providers, and patients and their families by creating a DMOST Program at the Department of Health and Social Services (DHSS). This Act expands upon DHSS’ current responsibilities under DMOST by doing all of the following: 1. Providing ongoing education and training for health-care practitioners, health-care providers, emergency-care providers, and patients and their families. 2. Maintaining a website for information and education about DMOST. 3. Working with the DHIN to maintain the electronic registry. 4. Coordinating with the National POLST Collaborative regarding current best practices and research. (POLST, which stands for Physician Orders for Life-Sustaining Treatment, was the name given to the first tool developed for honoring patients' wishes for end of life treatment in 1991.) 5. Creating a DMOST Steering Committee, consisting of a broad group of stakeholders, to evaluate and improve the DMOST Program and the use of DMOST forms. The DMOST Steering Committee must produce an annual report containing data about the use of DMOST forms, trainings, public education and outreach, and current challenges and recommendations to improve the DMOST Program. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is a substitute for Senate Bill No. 174. Like Senate Bill No. 174, this Act adds Justices of the Peace, Commissioners in Superior Court, Family Court, and Court of Common Pleas, and Magistrates in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Members of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Magistrates in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Magistrates in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act also increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act also establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Magistrate in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act also includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. Like Senate Bill No. 174, this Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then. This Act differs from Senate Bill No. 174 as follows: (1) By updating the title “Master in Chancery” to “Magistrate in Chancery”, based on the passage of Senate Bill No. 179 (152nd General Assembly). (2) By changing the definition of “Commissioner” to define the term based on the Code sections authorizing the appointment of a Commissioner, rather than the powers of a Commissioner. (3) By clarifying that a Justice of the Peace, Commissioner, or Magistrate in Chancery who qualifies for the State Judicial Pension Plan on the effective date of this Act and elects to be covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period. (4) By renaming the title of Chapter 56, Title 29 of the Delaware Code to reflect changes made by this Act. (5) By changing the effective date of this Act to January 1, 2025.

This Act allows for the delivery of alcoholic liquors from a restaurant, brewpub, tavern, taproom, or other entity with a valid on-premise license. In addition, this Act provides that the acts of a licensed consumer delivery permittee or a delivery driver are not attributable to the retailer.

This Act codifies the Delaware Hispanic Commission (“Commission”). The Commission was created by former Governor Jack Markell in Executive Order Number 28 to combine and streamline the duties of the former Governor’s Council on Hispanic Affairs and the former Governor’s Consortium on Hispanic Affairs. Under the executive order, the Commission’s duty is to advise the Governor, the Governor’s Cabinet, and members of the General Assembly on matters that are important to people of Hispanic descent in Delaware. Under this Act, the Commission will perform the same duties it has since its creation by the Governor. Codifying the Commission will create equity with other heritage commissions created under Title 29. Codifying the Commission will also help the Commission to perform its duties by creating long-term stability, allowing the Commission’s members to be appointed by a variety of stakeholders, and giving the Commission guidance from the Delaware Department of State. Under this Act, the Commission keeps all current members through June 30, 2028, and the Commission membership consists of the Governor’s appointees who serve at the Governor’s pleasure. All Commission officers who are currently serving will remain in office through June 30, 2028. After June 30, 2028, 17 members will be appointed to the Commission according to § 4502 of Title 29, and a chair and vice chair will be elected according to § 4502 of Title 29.

Maddy summaryThis bill requires businesses selling third-party gift cards in Delaware to show customers a warning about potential scams. The law gives sellers the choice to display this notice either at the point of sale or at the gift card display area. By allowing distributors to decide where to place the warning, the bill aims to inform buyers about fraud risks without mandating a specific location for the message.

This Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales. To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act. This Act goes into effect on enactment and is to be implemented the earlier of the following: (1) 1 year from the date of the Act’s enactment. (2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted. This Act may be cited as “The Consumer Choice Milk Act“.

Maddy summaryThis bill creates a new permanent state commission dedicated to Asian and Pacific Islander heritage and culture in Delaware. The nine-member group will be appointed by the Governor, the Speaker of the House, and the Senate President Pro Tempore, with members required to be citizens of Asian or Pacific Islander descent who live, work, or own businesses in the state. The commission will operate without pay and will focus on promoting cultural awareness, strengthening community ties, and advising state officials on policies that benefit Asian and Pacific Islander residents. It will be organized under the Secretary of State and may form subcommittees to collaborate with other local organizations.