Sen. Spiros Mantzavinos

This House Joint Resolution directs the Department of Health and Social Services (“DHSS”) to explore participating in the federal Restaurant Meals Program (RMP). The RMP is an option that states may incorporate into their Supplemental Nutrition Assistance Program (SNAP) to ensure that SNAP recipients who are senior citizens, disabled, or unhoused, or other eligible family members of those participants, may use their SNAP benefits to buy hot foods or hot prepared meals. These populations may otherwise experience barriers that prevent them having the opportunity to access a nutritious and sustaining meal. This Joint Resolution also requires DHSS to provide a report to the General Assembly as to its findings.

This Act updates the Board of Nursing’s enabling act to allow the Board to issue confidential letters of concern to licensees who have acted in manner warranting concern but have not violated the Board’s statute or regulations. The purpose of the letter of concern is to encourage the licensee to improve such practice. The bill further allows the Board to require any licensee who receives 3 or more letters of concern to appear before the Board for a hearing to assess the licensee’s competency, at which time the letters of concern would no longer be confidential.

This Act requires health care employers to implement a smoke evacuation system for surgical procedures that generate surgical smoke. This Substitute for House Bill No. 173 clarifies that the Division of Health Care Quality is responsible for enforcement of this chapter.

This Act makes several changes to the Delaware Nursing Home Residents Quality Assurance Commission ("Commission"): - Modernizes the Commission name to the "Delaware Residents’ Protection Commission." The Joint Legislative Oversight and Sunset Committee, during its review of the Commission from 2020-2022, recommended the Commission change its name to something shorter that is easier to remember. - Better delineates the Commission's duties. - Adds provisions to streamline the Commission's operations, including removal of a member who consistently misses meetings and approving Commission action on the affirmative vote of a majority of members present at a meeting. - Gives the Commission the authority to seek grants to support the Commission's operations. - Allows for the establishment of subcommittees to more effectively and efficiently meet the needs of the Commission - Clarifies the Commission’s responsibility to advocate for residents of monitored facilities, work with other agencies and groups to promote systemic reform, and act as an informational resource for the public. - Authorizes the Commission to hold a virtual meeting with a physical location open to the public if a Commission staff member is present at the anchor location. This Act has an effective date of 90 days after the date of enactment into law, to provide the Commission with time to transition from the existing membership to the membership that this Act establishes. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Like Senate Substitute No. 1 for Senate Bill No. 155, Senate Substitute No. 2 for Senate Bill No. 155 differs from Senate Bill No. 155 by doing the following: - Changes the term "long-term care facility" to "monitored facility." - Removes language relating to Administrative Office of the Courts. - Adds 2 members to the Commission: the President of LeadingAge New Jersey/Delaware and the Director of State Governor Affairs, Delaware, of the Alzheimer's Association, Delaware Valley Chapter. - Makes a technical change to the provision relating to virtual meetings. In addition, Senate Substitute No. 2 for Senate Bill No. 155 differs from Senate Bill No. 155 as follows: - Maintains the Gubernatorial appointments as they exist in current law. - Amends a Commission duty so that, under this Act, the Commission provides education and recommends policies aimed at improving the quality of care, quality of life, and safety of residents of monitored facilities.

The Public Health Emergency Planning Commission was established in 2002 and directed to deliver to the Governor a plan for responding to a public health emergency that addressed at least 21 specific provisions. Since then, that single plan has evolved into an overarching Public Health Emergency Operations Coordination Plan, which is a strategic plan that provides a broad context for the execution of public health emergency response and recovery. There are over 70 additional “plans” or annexes that provide additional procedural guidance that have been developed by DHSS in partnership with other state agencies and external stakeholders such as hospitals. The Public Health Emergency Operations Coordination Plan will still be updated every 2 years by DHSS and other state agency and private partners. The Public Health Emergency Planning Commission will be renamed the Public Health Emergency Planning Council. It will review the Public Health Emergency Operations Coordination Plan every 2 years. It will also continue in its advisory capacity to the Governor whenever a public health emergency is declared. It must meet within 30 days of the declaration of a state of emergency due to a public health emergency, and at least every 30 days until the public health emergency is lifted. In the absence of a public health emergency the Council must meet at least once a year. This Act also makes technical corrections to existing statutory language.

This Act enters Delaware into the Social Work Licensure Compact. This will allow social workers to obtain a multistate license among the member states. Delaware will join the Compact Commission that is comprised of membership of all states that have enacted the Compact. Enough states have enacted the Compact that the Commission has been created and the applications for licensure could start in late 2025. Currently, at least 24 states have joined the Compact, while another 18 have pending legislation to enact the Compact, including Maryland and Pennsylvania. This Substitute changes the Chapter and Section numbers to place the Chapter in a more appropriate place in the code, and it corrects internal references to the new section numbers.

This Act provides that privilege between a policyholder or claimant and an insurance company is not waived simply because information is submitted by companies to the Insurance Commissioner, whether or not the information is redacted.

This Act amends the provisions of Title 29 of the Delaware Code § 7915 relating to the Council for Services for Aging and Adults with Physical Disabilities. This Act adds a Conflict of Interest Policy to § 7915 to ensure compliance with the Older Americans Act Final Rule and must be enacted into law by October 1, 2025.

This Joint Resolution directs the Delaware State Housing Authority to create a pilot program for the purpose of providing technical assistance related to zoning ordinance reform to local governments in Delaware. The goal of this pilot program is to help participating local governments identify and implement zoning practices that increase the supply of affordable housing and support goals such as equitable development and economic growth throughout this State. By giving local governments the technical assistance needed to modernize zoning ordinances, this pilot program will help Delaware close its affordable housing gap while allowing local governments the flexibility to adapt best practices to meet their jurisdictional needs. If successful, this pilot program will establish model policies for local government zoning ordinance reforms that can be expanded across this State.

Section 1 of this Act amends§ 3301(d) of Title 12 by adding to the definition of “fiduciary” enforcers of purpose trusts under § 3556 of Title 12 that are acting in a fiduciary capacity, by adding to the definition of "nonfiduciary" enforcers of purpose trusts under § 3556 of Title 12 that are not acting in a fiduciary capacity, and by clarifying that others that are not acting in a fiduciary capacity are also nonfiduciaries. Section 2 of this Act amends § 3315(b) of Title 12 so that the statute now states expressly the practical effect of a discretionary interest in a trust merely being an expectancy, which is that a beneficiary of such an interest cannot compel a distribution from the trust. The statute continues to provide, however, that the standard of review under § 3315(a) of Title 12 applies in a suit by a beneficiary for abuse of discretion. Section 2 of this Act also deletes in 2 instances the use of the word “trustee” as being redundant because “fiduciary,” as defined in § 3301 of Title 12, already includes a trustee. Section 3 of this Act amends § 3326 of Title 12 to state expressly within the statute that a modification of a trust by consent while the trustor is living (under§ 3342 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder. Section 3 of this Act also amends § 3326 to state expressly within the statute that a nonjudicial settlement agreement (under§ 3338 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder where the trust’s governing instrument is silent concerning both resignation and the appointment of successor trustees or other officeholders. It is intended that these express statements in § 3326 of Title 12 will reduce the need to resort to a court petition to effectuate the resignation and resulting appointment. Section 4 of this Act amends § 3556 of Title 12 so that the statute: (1) Expressly states that a person is not deemed to be a beneficiary of a purpose trust solely by virtue of receiving disbursements from the purpose trust. (2) Defines the term “enforcer” and permits the governing instrument of a purpose trust to grant the enforcer or some other person exclusive standing to enforce the terms of a purpose trust. (3) Provides that an enforcer will serve as a fiduciary of the purpose trust unless the governing instrument provides otherwise. (4) States that a person that accepts an appointment as enforcer submits to personal jurisdiction in Delaware. (5) If there are no identifiable beneficiaries of the purpose trust, authorizes the enforcer to act as an “interested person” in the context of a nonjudicial settlement agreement under§ 3338 of Title 12 or a nonjudicial modification under§ 3342 of Title 12. The changes in Section 4 of this Act were made to update Delaware law consistent with modern purpose trust statutes in other jurisdictions. Section 5 of this Act amends § 3580 of Title 12 to add to the definition of “trustee” for purposes of Subchapter VII of Chapter 35 of Title 12 by expressly including enforcers of purpose trusts under§ 3556 of Title 12. Section 6 of this Act amends § 1513 of Title 13 to address an ambiguity inherent in the situation where one spouse makes a gift in trust for the other spouse. This Section clarifies that in such circumstance, the donee’s interest in the trust is not marital property unless the trust agreement provides otherwise. Section 7 of this Act provides an effective date.