Presently, Title 29 of the Delaware Code § 5813(c) requires public officers to file financial disclosure forms on March 15 of each year. However, in certain years, for example, 2025, the statute calls for financial disclosures to be filed over the weekend, because March 15, 2025 fell on a Saturday. On weekends, the assistance of the Public Integrity Commission may not be available. This Act changes the deadline for filing financial disclosures to “on or before the third Wednesday of March” which will be a weekday and a regular business day. This Act also clarifies the statute by expressly stating that the financial disclosures may be filed “on or before” the new deadline, in keeping with the current practice of the Public Integrity Commission.
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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.
This Act provides that, for purposes of Title 29 of the Delaware Code, Section 5527, related to the amount of monthly ordinary service or disability pension, a member of the General Assembly who is elected on Election Day in November and serves through the next Election Day in November will receive full-service credit for that term. Thus, the Act provides that a member of the House of Representatives who served five, two-year terms and, for each term, was elected on Election Day in November and served through the next Election Day in November will be credited with ten years of service. Likewise, the Act provides that a member of the Senate who served five, four-year terms and, for each term, was elected on Election Day in November and served through the next Election Day in November will be credited with twenty years of service.
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.
The Delaware National Guard provides financial assistance to eligible service members for certain postsecondary education tuition and fees. Under the current education benefits program, the Delaware National Guard reimburses service members for tuition and fees the service members have already paid. But young service members often cannot take advantage of this program because they cannot afford to pay upfront for tuition and fees. This also hurts Delaware National Guard recruiting efforts because potential service members may choose to join National Guard programs in other states that do not require service members to pay upfront for tuition and fees. Keeping the Delaware National Guard fully staffed is essential to responding to state emergencies. Lack of staff also leads the Department of Defense to shift positions from the Delaware National Guard to other states that can recruit at higher levels than Delaware. This results in reduced mission capability in Delaware and less federal funding coming to Delaware. This Act amends the existing code relating to Delaware National Guard education benefits by switching from a system that reimburses service members to a system that pays certain tuition and fees, on behalf of a service member, directly to a Delaware postsecondary institution. This change allows more service members to use education benefits, which will improve Delaware National Guard recruiting and retention, and enhance the professional education qualifications of its members. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and clarifies that the tuition assistance provided for Delaware private postsecondary institutions is based on the average tuition for state-supported postsecondary institutions. This Act is effective immediately and is implemented on July 1, 2026, to allow updates to rules, regulations, and forms for the Delaware National Guard tuition assistance program.
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 creates a breastfeeding and lactation program within the DOC to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided.
Senate Bill 166, passed in 2022, created the Prescription Opioid Impact Fund as part of an overall structure that would both maximize the monies paid by settling Opioids defendants to Delaware and to create a structure whereby those settlement monies could be managed and distributed on a statewide basis through a stakeholder-informed process. The complete legislation is found at Title 16 of the Delaware Code, Chapter 48B, Sections 4801B through 4809B. Chapter 48B applied to settlements with entities, and did not apply to bankruptcies. This is because the bankruptcy process itself extinguishes claims and thus provides the necessary “global peace” for settling parties. At the time SB 166 was passed, it was contemplated that, in the context of the Purdue Pharma bankruptcy, the Sackler family members would obtain this type of bankruptcy-style discharge and release. However, in the summer of 2024, the United States Supreme Court ruled that such a discharge was impermissible. This decision thus required that the states negotiate a non-bankruptcy settlement with the Sacklers, which the Delaware Department has since been pursuing diligently. As announced on January 23, 2025, the Delaware Department of Justice has reached a proposed settlement-in-principle with Purdue Pharma and the Sackler family. In order to once again maximize the amount of Sackler money that Delaware will receive, it is now necessary to update the statutory bar created by the SB 166 to account for the fact that the Sackler family members are “individuals” not “entities." Consequently, the Delaware Department of Justice is recommending the amendments to Chapter 48B of Title 16 reflected in this Act.
The purpose of this Act is to protect medical providers in the State from out-of-state lawsuits and investigations that threaten the practice of medicine in the State. To that end this Act does the following: 1) Clarifies that physicians, physician assistants, and nurses that provide lawful healthcare services in the State do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state. 2) In a civil action or proceeding, prohibits any healthcare provider from disclosing communications and records concerning healthcare services unless the patient authorizes such disclosure, with some exceptions. 3) Provides protections from civil and criminal actions that arise in another state that are based on the provision of health care services that are legal in Delaware. 4) Creates a cause of action for persons against whom a judgment was entered in another state based upon that person allegedly providing, receiving, or helping another person to provide healthcare services that are lawful in Delaware. (This does not apply to an action where no part of the acts that formed the basis for liability occurred in Delaware.) 5) Prohibits an insurer from taking an adverse action against a healthcare provider or organization for performing or providing healthcare services that are lawful in this State. 6) Prohibits any State or local agency, commission, board, or department from assisting a federal law-enforcement agency, another state’s law-enforcement agency, a private citizen, or a quasi-law-enforcement agency in relation to an investigation or inquiry concerning the lawfulness of healthcare services, if such services would be lawful as provided if they occurred entirely in the State.
Maddy summaryHB 209 is a procedural bill that updates a reference in Delaware's Title 18 (health care laws) to align with current federal regulations under the Patient Protection and Affordable Care Act (ACA). It does not change any healthcare policies or affect residents directly; it only corrects a cross-reference within state law. The bill's sole purpose is to ensure Delaware's legal citations match the latest federal ACA regulatory framework. This is a technical update with no substantive policy impact.