Sen. Spiros Mantzavinos

This Act changes how the Insurance Commissioner and the State Treasurer provide for distributions from taxes collected by the Insurance Commissioner to be made to fire companies or departments in Delaware. The current method for reporting, calculating, and making distributions to fire companies or departments is complex to administer and can lead to incorrect payments. This Act simplifies the reporting process and provides a new method for calculating the funds distributed to fire departments and companies in the City of Wilmington, New Castle County outside of Wilmington, Kent County, and Sussex County. Specifically, it reduces the number of payments per year from two to one, gives the Insurance Commissioner more time to ensure the accuracy of insurer-reported financial data, and establishes detailed guidelines for how the funds should be distributed to the various fire companies or departments. This Act also makes changes to the reporting requirements related to payments made by the State Treasurer to the State Insurance Coverage Office. In addition, this Act amends the requirement related to the Delaware Volunteer Firefighter’s Association (“DVFA”) annual report to the Insurance Commissioner. This requirement is being amended because contrary to what the current statute states, the Insurance Commissioner does not use the report to calculate funding under this section. DVFA is now also required to send its annual report, which details the locations, apparatuses, and equipment maintained for its member fire companies or departments, to the State Fire Prevention Commission. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective January 1, 2025.

This bill names the hill east of Mill Creek situated on New Castle County parcel number 08-025-00-018 as “Lieutenant McMichael’s Hill of Eminence”. This was the site of the action during the Revolutionary War that was the most impactful combat event that occurred on Delaware soil.

This Act authorizes the creation of Family Justice Centers within Delaware to provide victims of crime with a single source to obtain resources and support services.

This Act establishes a right to counsel for indigent parents in DSCYF custody proceedings. Parent representation will primarily be provided by a legal services entity contracted with the Family Court, but may also be provided by the Office of Defense Services or a private attorney appointed by the Court.

This Act prohibits the Family Court from imposing a sentence of incarceration or ordering the suspension of a person’s license for failure to pay court-ordered child support unless it finds that the failure to pay is wilful and not due to an inability of the person to pay the support. This Act also makes technical corrections to correct a typographical error in existing code and to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Senate Bill No. 288 of the 151st General Assembly (Chapter 371 of Volume 83 of the Laws of Delaware) created a pilot program whereby motorcyclists are permitted to use pulsating headlights as a way to alert other drivers of their presence, without allowing the use of flashing lights that would otherwise be used on emergency vehicles. SB 288 contained a sunset clause providing that the pilot program would expire on January 1, 2025, unless the General Assembly took action to extend or remove the sunset clause. This Act extends the sunset clause until June 30, 2030. The main reason for the extension is that many motorcycle owners have and are continuing to replace their lights with LED technology... up until 2024 the technology of a modulating device was not available for the LED lights only standard lighting had that option. To be able to better see if the pulsating lighting is effective the pilot program should be extended to adequately gauge what the new LED systems effectiveness is.

Federal and Delaware law protect the right to vote and the rights of individuals with disabilities to have equal access to voting places and public facilities. Nonetheless, recent information suggests that a substantial number of polling places in Delaware are either inaccessible to persons with disabilities or lack accessible parking, infringing on the right of all eligible persons to vote in this State. This substitute, like House Bill No. 293, requires that the Department of Elections ensure that polling places selected for elections are accessible to voters with disabilities and elderly voters. This substitute adds a provision that in addition to being accessible, the accessibility features are available to voters in any election. Like House Bill No. 293, this substitute allows certain exceptions for states of emergency, or for circumstances in which no accessible polling place in a particular polling area is available and the Election Commissioner ensures that those voters impacted are provided with an alternative accessible polling place or alternative means for casting a ballot upon advance request. This substitute limits the states of emergency that would allow an exception to natural disasters or other emergencies that render a polling place unsafe or unusable. This substitute also adds a provision allowing any person with information that the Department has not complied with this section to file an administrative complaint with the Department.

This Act requires health spas selling subscription services online to provide a prospective buyer of such a subscription the right to cancel the automatic renewal online. The option to cancel is also to be presented on the website in a clear and conspicuous manner to simplify such cancellation for the buyer.

This Act is a substitute for House Bill 253. Like HB 253, it requires health insurance companies, including State employee/retiree health plans and Medicaid, to cover annual mammograms for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s health care provider. It also prohibits mammography facilities from requiring that women, 40 years of age or older, provide the facility with the name of a healthcare provider in order to receive an annual screening mammogram. This substitute differs from HB 253 by updating Title 18, Section 3552 of the Delaware for consistency with the rest of the bill. Specifically, it requires insurance carriers to provide coverage for annual mammograms for cancer screening beginning at age 40 rather than age 50 and prohibits carriers from requiring a referral for these annual mammograms.

Maddy summaryThis bill clarifies which courts have the authority to hear cases involving illegal speed exhibitions in Delaware. It designates the Court of Common Pleas as the primary court for these offenses, removing the previous ability for Justice of the Peace Courts to try them. However, the law allows a Superior Court to handle the case if the speed exhibition charge is combined with a more serious felony. This change ensures that lower courts do not process these specific violations unless they are part of a larger, more complex legal case.