This Act requires additional reporting and disclosure related to the use of mechanical restraint and seclusion in public schools. While public school personnel cannot use mechanical restraint or seclusion on students in absence of a waiver, law-enforcement officers can. This Act requires the Department of Education to collect data from public schools about the use of mechanical restraint and seclusion, in addition to the physical restraint data that is already collected. The Department of Education shall include the mechanical restraint and seclusion data in its annual report. This Act adds a specific date by which the annual report is due. Additionally, the annual report must be submitted to certain entities, including the Delaware School Boards Association and the boards of education of school districts and the boards of directors of charter schools. This Act also adds mechanical restraint and seclusion to the parental notice requirement and special procedures and safeguard requirements that already exist for use of physical restraint. Though § 4112F defines “chemical restraint”, chemical restraint cannot be performed by anyone in a public school. Therefore, this Act does not add chemical restraint to data collection, reporting, parental notification, or safeguard requirements. Furthermore, this Act adds a definition of school resource officer (SRO) to clarify that SROs are law-enforcement officers. This Act requires the Department of Education to amend its regulations in accordance with the definitions in this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including correctly formatting lists and revising § 4112F(d) of Title 14, the subsection addressing particular training requirements for SROs, to account for the creation of a definition of SRO. One technical correction in § 4112F(d) is changing a “shall not” to a “may not” as it applies to the prohibition against the use of SROs who have not complied with mandated training requirements. According to Rule 12 in the Legislative Drafting Manual, “shall not” should be avoided in legislative drafting. Furthermore, both “may not” and “must not” are proper ways to express a prohibition in the Delaware Code. They convey the same level of mandatory prohibition except that “may not” qualifies a verb in active voice while “must not” qualifies an inactive verb or an active verb in passive voice. This technical correction still prohibits school districts and charter schools from using an SRO who has not satisfied the training requirements in § 4112F(d). This Act takes effect on August 1, 2025.
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This Substitute to HB 91 differs from HB 91 in that it further expands free breakfasts in schools participating in the federal School Breakfast Program by making them available to all students, regardless of household income, but does not expand free lunch income eligibility. The Department of Education shall reimburse a public school providing free breakfasts. The reimbursement must be equal to the federal free reimbursement rate multiplied by the total number of breakfasts that the participating public school serves during the applicable budget year minus the total amount of reimbursement for breakfasts served during the applicable budget year that the participating public school receives under the School Breakfast Program. This Act does not apply to schools participating in the federal Community Eligibility Provision, Provision 1, Provision 2, or Provision 3 special assistance certification and reimbursement alternatives. This Act takes effect immediately and is to be implemented beginning July 1, 2026.
This Act is a substitute for Senate Bill No. 156. Like Senate Bill No. 156, this Substitute prohibits the reporting of medical debt to consumer reporting agencies and prohibits any medical debt from being included on a consumer report. Since 2023, at least 9 other states have passed laws that prohibit or restrict the reporting of medical debt on credit reports, including California, New Jersy, and Virginia. This Act differs from Senate Bill No. 156 in that it (1) adds language to the purpose section of the statute making it clear that the intent of the chapter is for medical debt not to be used in credit, employment, or housing decisions; (2) removes the proposed definition of medical debt information and instead adds a definition of medical debt; and (3) removes the proposed prohibition language on using a credit report containing medical debt information from being used when making decisions regarding someone’s credit, employment, or housing.
This Act is intended to supplement protections under federal law for members of the military, their families, and veterans by adding “military status” as a protected class for purposes of the State’s public accommodations, housing, insurance, education, and employment laws. Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual. This House Substitute No. 1 adds language to clarify that distinctions or differential treatment based on military status that are allowed by State law or regulation, federal law or regulation, or government contract, are not unfair or discriminatory practices. It also updates existing statutory language that was changed by 84 Del. Laws c 429.
This Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor.
This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund. This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year.
Energy Storage Systems provide benefits to the electric grid, including grid stabilization, managing peak energy demand, and providing backup power during outages. Energy Storage Systems can provide substantial cost savings to residential, commercial, and industrial electricity customers. The construction of Energy Storage Systems will promote economic growth and job creation in Delaware. This resolution directs the Delaware Sustainable Energy Utility (DESEU) to initiate and undertake a study to assess and analyze the costs and benefits of the adoption of Energy Storage Systems, both in front of and behind the meter, by all electric public utilities in Delaware. The resolution also directs the DESEU to conduct a pilot program and provide guidance and a level of funding, to be determined by the DESEU, to support Delmarva Power & Light Company, the Delaware Municipal Electric Corporation, the Delaware Electric Cooperative, and one independent power producer to deploy at least one battery storage pilot project in Delaware to serve their Delaware service territory. The DESEU is to submit a comprehensive report detailing the findings from the battery storage pilot program and the cost-benefit study and analysis of Energy Storage Systems in Delaware on or before June 1, 2026.
This Act requires the Delaware Public Service Commission to ensure that all regulated utilities do not use customer funds to subsidize unregulated activities for example, lobbying activities, political contributions, charitable contributions, and certain advertising and public relations activities. This Act places a cap on annual capital expenses in the amount of $125 million for electric distribution companies. This Act also contains a severability clause.
Maddy summarySB 61 requires Delaware's representatives on the PJM Interconnection (a regional electricity grid operator) to publicly disclose their votes during PJM meetings or when considering specific matters. This applies directly to Delaware's utility regulators or officials serving on PJM's governing body. The bill mandates that all votes cast by Delaware representatives be made publicly available, increasing transparency about how the state participates in regional energy decisions. The policy change is procedural, focusing solely on disclosure requirements without altering voting rules or outcomes.
Public utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorized the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business. Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases.