Rep. Kerri Harris

Maddy summaryThis bill designates July 26, 2024, as "Americans with Disabilities Act Day" in Delaware to honor the anniversary of the federal civil rights law that protects people with disabilities. The resolution does not change any laws or create new regulations but serves as a symbolic gesture to raise awareness about disability rights and inclusion. It encourages the state to inform residents about the importance of equitable treatment for individuals with disabilities and reaffirms a commitment to promoting accessibility.

This Act is a substitute for House Bill No. 147. Like House Bill No. 147, this Act provides a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (TOD) deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 18 states (including Virginia) and the District of Columbia and the U.S. Virgin Islands, and a substantially similar law has been enacted in 11 states. The Uniform Real Property Transfer on Death Act is pending before 3 state legislatures and has been enacted in New Hampshire and Utah this year. This Act differs from House Bill No. 147 as follows: (1) By making clear that a transfer of death deed takes precedence over any contrary instruction in a will to transfer the same property. (2) By making clear in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) By authorizing the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose property has transferred to the beneficiary by transfer on death deed. (4) By authorizing a beneficiary to file with the Register of Wills the death certificate of a person whose property has transferred to the beneficiary by transfer on death deed. (5) By making abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to property and may disclose that death certificate to the Register of Wills to prove the person’s legal right to property. (6) Under Section 3 of this Act, clarifying that an individual who executed a transfer on death deed does not die seized of the property and, therefore, the property is not required to be included on an inventory and appraisal to the Register of Wills. (7) Making a clarification in § 5402 of Title 30 contained in Section 5 of this Act. (8) Delaying the effect of this Act until 90 days 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 is the first leg of an amendment to the Delaware Constitution to make technical corrections to the Delaware Constitution. First, this Act makes the language of the Delaware Constitution gender silent. Senate Bill No. 97 (152nd General Assembly), enacted as Chapter 42 of Volume 84 of the Laws of Delaware, directed the Code Revisors to use gender silent techniques to ensure masculine or feminine pronouns are not used in Delaware Code unless the usage requires otherwise. Thus, instead of drafting a law to say, “The Governor may appoint an individual if he or she deems him or her qualified”, following gender silent techniques the law would say, “The Governor may appoint an individual if the Governor deems the individual qualified.” This technique has the added benefit of providing clarity as many times use of multiple masculine or feminine pronouns can result in confusion as to which noun the pronouns refer. This Act would apply this same drafting technique to the Delaware Constitution. This action is consistent with the General Assembly’s amendment of the Constitution in 1999 following the adoption of a law directing the Code Revisors to gender neutralize or otherwise ensure that a solely masculine or feminine designation never occurs unless it could only apply to one gender. Second, this Act makes additional technical corrections identified by the General Assembly's Division of Research. Specifically, these technical corrections include the following: (1) Officially authorizing the headings for each Section of the Delaware Constitution as the headings are contained in the “Constitution of the State of Delaware, Adopted 1897, As Amended”, as published by the Delaware Code Revisors in the Delaware Code. The headings for each Section of the Delaware Constitution are not original to the Constituiton adopted in 1897. These headings were added during the 1953 revision to the Delaware Code. Since the 1953 revision to the Delaware Code, publication of the Constitution has included headings for each Section of the Delaware Constitution in the version of the Delaware Constitution published in the Delaware Code. Almost immediately after the 1953 revision to the Delaware Code, the General Assembly began enacting new constitutional amendments with headings and amending existing Sections of the Delaware Constitution using the headings provided or making amendments to the headings provided. However, these headings were not officially authorized by the General Assembly. Consistent with § 306 of Title 1 of the Delaware Code, the intent of authorizing all headings in the Delaware Constitution is for the purpose of convenient reference, not as an interpretive tool for the courts. (2) Based on the adoption of headings for each Section of the Delaware Constitution, removing existing Section numbers and relying instead on the adopted headings. (3) Consistently using the series (Oxford) comma. (4) Implementing a consistent hierarchy scheme and naming, consistent with the Delaware Code. (5) Implementing a consistent scheme for naming, capitalization, and citing of references to provisions of the Delaware Constitution. (6) Implementing a consistent scheme for numbers used for time, dates, and money by using the numerical form of the number only. (7) Capitalizing consistent with standard capitalization rules. (8) Replacing references to “this amended Article IV of this Constitution” with “this Article”. (9) Replacing references to “this amended Article IV of this Constitution becomes effective” with “May 14, 1951”, which is the date the referenced amendments took effect. (10) Removing usages of “but not limited to”. (11) Removing from § 8 of Article IV a definition providing that “Supreme Court”, as used in § 4 of Article V, means the Superior Court and replacing “Supreme Court” in § 4 of Article V with “Superior Court” for clarity. (12) Removing § 11(c) of Article VIII from the Constitution. This provision was not intended to be included in the Constitution as it was drafted as a separate bill section of the bill that proposed and concurred in the constitutional amendment creating § 11(a) and (b). It was intended to apply only to taxes or licenses fees authorized by the General Assembly but not yet effective and so not intended to be included in the Constitution. (13) Inserting the effective date of the constitutional amendment that enacted § 12 of Article VIII for clarity. (14) Correcting misspellings and misused words. (15) Making corrections to Section headings. (16) Making technical changes to § 4A of Article V, including to remove an “either” that is inappropriately used in a list of more than 2 items. (17) Removing the hyphen in “Lieutenant Governor” and “Attorney General”. (18) Changing references to “the State” to “this State”. (19) Removing usages of “said”. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

This resolution designates October 9-16, 2024, as “Dyspraxia Awareness Week" in the State of Delaware, affirming the importance of widespread awareness and support for individuals with dyspraxia, and encouraging expanded efforts to foster a culture of inclusivity and understanding in Delaware.

Maddy summaryThis bill is a symbolic resolution that designates June 26, 2024, as "Staff Appreciation Day" within the Delaware House of Representatives. It directly affects the legislative staff members who support the institution's daily operations, acknowledging their essential role in managing the legislative process. The text highlights the staff's dedication, multitasking abilities, and contributions during challenging times, including the COVID-19 pandemic. By passing this resolution, the House formally expresses gratitude for the hard work and commitment of its employees without changing any laws or policies.

This Act repeals the option of providing health care insurance to state pensioners under Medicare part C, known as a Medicare Advantage Plan. 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 Delaware Medicare Supplement Selection Act".

The primary purpose of this Act is to remove the requirement that a public school district employee who donates leave to another employee must donate 2 days of leave for the other employee to receive 1 day of leave. Further, this Act repeals Chapter 187 of Volume 81 of the Laws of Delaware ("this law"). Adopted in 2017, this law was designed to provide full-time employees of the State, including employees of school districts, with the ability to donate leave to other employees for use in connection with the birth or adoption of a child under 6 years of age. This law has never taken effect as the law does not take effect until the Office of Management and Budget ("OMB") receives a letter from the Internal Revenue Service ("IRS") stating that the tax treatment of the expansion of the donated leave program contemplated by this law will receive the same tax treatment as Delaware’s current donated leave program. OMB has not requested this letter from the IRS because, based on OMB's research, OMB does not believe this law would receive the same tax treatment by the IRS and because the General Assembly subsequently enacted Chapter 285 of Volume 81 of the Laws of Delaware, which provides 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger for those continuously employed for at least 1 year as full-time employees of this State, including employees of school districts. Sections 1 and 2 of this Act re-enact portions of Chapter 187 of Volume 81 of the Laws of Delaware that would have also applied to the existing donated leave program for catastrophic illness. Specifically these provisions are intended to do the following: (1) Clarify how much leave employees of a public school district who do not accrue annual leave must use before being eligible for donated leave. (2) Clarify the interaction between donated leave and leave available under the federal Family and Medical Leave Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including transferring existing definitions to a central definition section and transferring provisions that are substantive law out of defined terms. This Act is named in honor of Christopher Chujoy, a special education instructional aide in the Red Clay Consolidated School District. Mr. Chujoy was diagnosed in August 2022 with stage IV cancer. Mr. Chujoy used up all of his available sick time before his passing and his situation raised the issue that is the primary purpose of this Act.

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 is the first leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16, as introduced, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement: (1) The Department of Education. (2) The Department of Military Affairs / Delaware National Guard. (3) The Office of Management and Budget. (4) The Department of Health and Social Services. (5) The Department of Natural Resources and Environmental Control. (6) The Department of Agriculture. (7) The Department of Safety and Homeland Security. (8) The Department of Finance. (9) The Department of Transportation. (10) The Department of Labor. (11) The Delaware State Housing Authority. (12) The Department of State. (13) The Department of Correction. (14) The Department of Services for Children, Youth and Their Families. (15) The Department of Technology and Information. (16) The Department of Human Resources. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates a rental housing registry for the State of Delaware that is searchable by the public. In addition to basic information about the rental unit, the landlord must provide the results of any lead-based paint inspection or risk assessment of a unit constructed before January 1, 1978.

Maddy summaryThis bill removes the expiration date for Delaware's existing laws regarding xylazine, a drug often found in the opioid crisis. By deleting the specific clause that set the current regulations to end on November 29, 2024, the legislation ensures these rules remain in effect indefinitely. The changes directly impact state health officials and law enforcement who rely on these statutes to manage drug testing and control substance issues. Once signed by the governor, the state maintains its legal framework for addressing xylazine without needing to renew it annually.