Rep. Danny Short

This Act increases the civil penalties for violations of the statutes in Title 16, Chapter 11 related to Long Term Care Facilities and the regulations adopted pursuant to it. For violations that the Department determines pose a serious threat to the health and safety of a resident, the minimum penalty in Section 1109 of Title 16 is increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation. For violations that do not constitute a serious threat to the health and safety of a resident, the maximum penalty is increased from $5,000 to $10,000 per violation. The civil penalties in Section 1109(a)(2) for violations that pose a serious threat to the health and safety of a resident were established in 1998 and have not been increased since then. The maximum civil penalty in Section 1109(c) for violations that do not constitute a serious threat to the health and safety of a resident was set at $10,000 in 1998, but was later reduced to $5,000 in 2000, and has not been increased since then. This Act also repeals the provision which places a cap on the civil penalties for continuing violations.

This Substitute Bill requires the Department of Health and Social Services to maintain a public registry of assisted living facilities that are accredited and/or certified to provide memory care services by an approved independent accrediting organization. This Act also authorizes DHSS to promulgate rules and regulations to carry out these provisions, and it defines memory care services and secured memory care unit. Violations of this Act are subject to enforcement actions under Chapter 11 of Title 16 and are a basis for the nonrenewal of a facility’s license. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Maddy summaryThis bill updates Delaware's rules for inspecting long-term care facilities, requiring the Department of Health and Social Services to examine each facility at least once every 15 months. To maintain a statewide average inspection frequency of every 12 months, the department can charge extra fees to cover the costs of additional inspections needed when violations are found. Inspectors have the authority to enter facilities without prior notice, interview residents and staff, review records, and verify that previous issues have been fixed. The law also prohibits former employees or relatives of facility staff from participating in inspections of their former or current workplaces to ensure impartiality.

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.

This Act creates the Affordable Housing Production Task Force (“Task Force”). The purpose and mission of the Task Force is to investigate and make findings and rcommendations to the Governor and the General Assembly on how the State and local governments can increase the production of affordable rental units and homes in Delaware. The Task Force shall consist of 20 members some appointed by the Governor, some appointed by the President Pro Tempore of the Senate, some appointed by the Speaker of the House of Representatives, and some will serve as a member by virtue of their official position. The Co-Chairs of the Task Force will be (1) the member of the Delaware Senate appointed by the President Pro Tempore of the Senate, (2) the member of the Delaware House of Representatives appointed by the Speaker of the House of Representatives, and (3) the Director of the Delaware State Housing Authority. The Task Force must create, at a minimum, the following Sub-Committees: (1) Regulating and Permitting, (2) Finance and Development, (3) Construction, (4) Manufactured Housing, (5) Community Focus Groups. The Chairs of the Sub-Committees must be members of the Task Force but the members of the Sub-Committees do not have to be on the Task Force. A Sub-Committee may have a maximum of 9 members. This Act establishes the duties and responsibilities of the Co-Chairs of the Task Force and the requirements that will govern the administration of the Task Force. The first meeting of the Task Force must be held no later than 60 days after enactment of this Act. The Task Force must provide its Final Report by March 1, 2025. This Task Force will expire on the date it submits its Final Report unless its existence is continued by a subsequent act of the General Assembly.

Maddy summaryThis Senate Concurrent Resolution creates the Delaware Restoring the Family Unit Task Force to study how state laws affect family stability. The group is designed to examine specific policies in taxation, welfare, education, and recidivism to identify any factors that might discourage marriage or family unity. Its members include legislators, state agency heads, and community representatives who will meet to review these issues and submit a report with recommendations by March 2025. Although the resolution was introduced in June 2024, it was defeated by the Senate and did not become law.

Survivors of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations, shall be permitted to file those claims in the Superior Court of this State at any time. This is intended to apply retroactively.

This Act is the statutory recognition of the recommendations set forth in the June 2, 2023, report of the DEFAC Benchmark Evaluation and Review Panel. This Act builds on the State’s existing appropriation limit methodology by formalizing and maintaining the flexibility inherent in the Budget Stabilization Fund process currently enabled by Executive Order No. 21, approved on June 30, 2018, and the last 6 operating budget acts, including § 65 of the fiscal year 2024 Operating Budget Act. Acknowledging this process in statute includes defining rules for deposits to and withdrawals from the Budget Stabilization Fund and adding an objective and stable measure of sustainable budget growth through an advisory index comprised of certain State economic indicators. This Act requires that only the Governor’s recommended Budget Appropriation Bill consider this methodology and detail proposed plans, if any, deemed necessary or desirable in relation to state revenues or reserve funding.

Maddy summaryThis bill creates a one-time tax credit for small businesses in Delaware that have survived the COVID-19 pandemic. To qualify, a business must have been located in the state and employed 25 or fewer full-time employees as of December 31, 2019, while also being in good standing with tax filings as of January 1, 2024. Eligible businesses can claim a credit equal to 25% of their 2019 gross receipts when filing their 2024 or later state income tax returns, provided they apply by December 1, 2024. The legislation aims to provide financial relief to these specific businesses without speculating on broader economic outcomes.

Because of the serious consequences of the drug overdose epidemic, this Senate Concurrent Resolution respectfully requests a report from the Delaware Department of Education to follow up on the recommendations contained in the 154-page Delaware Drug Prevention Curriculum Task Force Report.