Rep. Kerri Harris

This Act requires that all rental units constructed before January 1, 1978, are certified as lead free or lead safe by a specific deadline. Lead inspectors must be approved by the State to conduct inspections and if necessary, lead abatement and remediation. A certificate exemption may be issued for no more than 6 months. If the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Beginning July 1, 2026, every rental until constructed prior to January 1, 1978, shall include a disclosure as to whether the rental unit has been certified as lead safe or lead free. To help eligible landlords obtain lead certification or remediate their units, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants shall be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. This Act also establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. This Act also does the following: (1) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (2) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (3) Requires landlords to show proof that their unit is certified as lead free or lead safe in accordance with this Act prior to filing a complaint for possession with JP Court. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months.

This Act creates a new state-level Department of Veterans’ Affairs, headed by a cabinet-level Secretary appointed by the Governor with the advice and consent of the Senate. The Department will take over most of the duties currently handled by the Commission on Veterans’ Affairs and its staff. The Commission will continue in its current form, but under the Department of Veterans’ Affairs rather than the Department of State, and it will continue to advise on the duties of the Department and make recommendations regarding the welfare of veterans in the State. The Department will assume the assets and liabilities of the Commission and current staff of the Commission will become staff of the Department.

This bill provides important consumer protections for property insurance contracts by improving the reliability of mailed notifications of policy cancellation or renewal. Section 1 of this bill requires insurers to deliver any homeowners’ notices of cancellation or nonrenewal by USPS certified mail or USPS Intelligent Mail barcode. Further, whereas currently an insurer can cancel or non-renew a policy because of two non-weather-related claims over the lifetime of the policy, this legislation provides a reasonable claims lookback period for non-weather-related claims, as is already the case for claims in other portions of this subsection of the Code. Section 2 of this bill precludes an insurance carrier from refusing to renew a homeowners’ policy based on non-weather claims unless 2 or more claims occur within the 36-month period immediately preceding the expiration of the current policy period.

This Senate Concurrent Resolution recognizes the importance of community health workers as well as “Community Health Improvement Week” in the State of Delaware.

This Act moves the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly, as have the dates for notice of filing fees and background checks. Section 4 changes the “closed” period in which a voter is not allowed to change his or her political affiliation to match the 60-day limit in 15 Del. C. § 3189 for presidential primaries. This Act is applicable to all primary elections after December 31, 2025.

Maddy summaryThis bill is a formal resolution that honors the high school girls who participated in the 2024 Delaware Girls State program held in Dover. It specifically names and commends the individual delegates from various schools across the state for their involvement in learning about the legislative process. The document also thanks the American Legion Auxiliary Department of Delaware for sponsoring the event and expresses hope that some participants will pursue future careers in public service.

Maddy summaryThis legislative resolution designates Wednesday, June 12, 2024, as Women Veterans Day throughout the State of Delaware. The measure directly affects the state's official calendar and serves to acknowledge the historical contributions and sacrifices of women who have served in the U.S. military. By passing this concurrent resolution, the Delaware General Assembly formally recognizes the service of over 7,000 women veterans residing in the state. The text highlights key milestones in women's military service, such as the 1948 law that allowed women to serve as permanent regular members of the armed forces. This action is a commemorative gesture rather than a change to laws or government operations.

This Act creates the Diamond State Hospital Cost Review Board, which will be responsible for an annual review of hospital budgets and related financial information. The Board will have 7 members: 6 appointed by the Governor and confirmed by the Senate, and the Executive Director of the Delaware Healthcare Association. This Act creates a requirement that hospitals submit yearly budgets, audited financial statements, and related financial information to the Board for review. Where a hospital fails to meet the state’s budget benchmark for increases in hospital costs it is required to engage with the Board on a performance improvement plan. If the Board and the hospital cannot agree on an improvement plan or where the hospital fails to successfully implement a performance plan, the Board may require the hospital to have its future budget approved by the Board. The submission of hospital budget and financial information will begin in 2025 for calendar year 2026. In reviewing performance improvement plans or proposed budgets, the Board will consider adherence as closely to the spending benchmark as is reasonable given the hospital’s financial position and associated economic factors, the promotion of efficient and economic operations of the hospital, and maintenance of the hospital’s ability to meet its financial obligations and provide quality health care. As a temporary measure until the Board begins operations, hospitals are required to charge no more than 250% of Medicare costs to any payer for hospital services in calendar year 2025. This Substitute Bill incorporates all of the following changes which were incorporated into House Substitute No. 1 for House Bill No. 350: It provides additional detail regarding the operation of the Board, budget modifications, and provides an appeal right to the Superior Court. It changes the application of the definition of hospital to exclude psychiatric facilities. Because hospitals may have different fiscal years, the deadline for the Board to issue a final decision on a budget is changed to 90 days before the start of a hospital’s fiscal year rather than a fixed date. The confidentiality provisions for hospital records have been updated. Technical corrections have been made. In addition, House Substitute No. 2 contains the following changes: It adds a performance improvement plan process as an interim step prior to requiring a hospital to submit a proposed budget for approval or modification by the Board. With this change, the Board will only accept and review budget information in its first year of operation in 2025. In 2026, it may direct hospitals to submit a performance improvement plan. It exempts hospitals that are exclusively rehabilitative hospitals. It changes the composition of the Board as set forth above. It exempts hospitals who derive 45% or more of their revenue or whose patient population has 5% or less Medicare patients from the 2025 reference pricing provision. It extends the interim reference pricing period to include 2026 and prohibits balance billing in reference pricing period.

Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events. This Act repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly intends to eliminate any outstanding balances owed on these fees.

This Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and authorizes the General Assembly to enact general laws providing the circumstances, rules, and procedures for absentee voting in this State. This Act is in response to the Supreme Court’s decision in Albence v. Higgins, 2022 Del. LEXIS 377 (Del. 2022). This Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This oath or affirmation is in lieu of the oath or affirmation required under Section 3 of Article V of 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 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.