Sen. Jack Walsh

This Act serves to clean up certain sections of the Board’s Practice Act. Required statutory language omitted due to oversight have been added, such as standards for reciprocity, issuance and renewal of licenses, and hearing procedures. The requirements for a public Board member have been clarified. Finally, inapplicable terms, such as “master” elevator mechanic, have been removed. This Act requires passage by a 3/5 majority because it authorizes the Board to set fees for licensure and licensure renewals. This Act makes technical changes to comply with the standards of the Delaware Legislative Drafting Manual.

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.

Like House Bill No. 286, House Substitute No. 1 for House Bill No. 286 prohibits discrimination in life insurance based on genetic characteristics, genetic information, or the result of any genetic test. House Substitute No. 1 for House Bill No. 286 differs from House Bill No. 286 as follows: 1. Provides a definition of “direct-to-consumer genetic testing”. 2. Allows the use of any genetic information that is in an individual's medical record or application for life insurance. 3. Allows a person engaged in the business of life insurance to request that an individual share genetic information from a direct-to-consumer genetic testing or to request that an individual provide written consent for entity to provide that information. 4. Allows an entity that provides direct-to-consumer genetic testing to share information with a person engaged in the business of life insurance but only with the written consent of the individual. 5. Clarifies that a person engaged in the business of life insurance may not do any of the following: a. Require that an individual take a genetic test. b. Require that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing or provide written consent for the entity to provide that information. c. Take into consideration the refusal by an individual to take a genetic test, provide genetic information received from direct-to-consumer genetic testing, or provide written consent to share information from direct-to-consumer genetic testing. Like HB 286, HS 1 for HB 286 also does all of the following: 1. Makes corresponding corrections to § 2317 of Title 18 by revising the heading for clarity and the definition of "insurance" to conform with the terms and definitions used in Title 18. 2. Is known as "The Ericka Byler Act”.

This Joint Resolution directs the Division of Motor Vehicles to opt into the FMCSA’s federal exemption that allows for first time CDL applicants seeking a school bus only endorsement on their driver’s license. An applicant’s school bus only endorsement would only apply to intrastate operation of a school bus. The Division of Motor Vehicles is directed to implement this policy by May 1, 2024.

Healthcare facility assessments are currently the second largest source of funding for states’ shares of Medicaid costs, behind general funds. Today, 49 states have at least one facility assessment in place, including Delaware, while 34 states and Washington D.C. have 3 or more provider taxes. Delaware is one of only 6 states without a facility assessment on hospitals, causing the state to miss out on critical Medicaid funding that most states are already able to access. This Act is a substitute for Senate Bill No. 13. Like Senate Bill No. 13, this Act creates the Hospital Quality Assessment, which places a 3.58% assessment on Delaware hospitals’ net patient revenues. Funds generated by the Hospital Quality Assessment must be utilized in one of two ways: (1) To increase the inpatient and outpatient payments to hospitals. (2) To develop or enhance funding for Medicaid initiatives, unlocking federal matching dollars. Funds may not be used to supplant or replace appropriations for programs in existence on the effective date of this Act, except for 25% of these funds, which may be used to support the general operations of the Medicaid program. Like Senate Bill No. 13, this Act also creates the Hospital Quality and Health Equity Assessment Commission (“Commission”), which includes state agency and hospital representation. The Commission is required to meet at least annually to monitor the implementation of the assessment. If the Centers for Medicare & Medicaid Services (CMS) determines that either the assessment or the expenditure of money does not satisfy eligibility requirements for federal financial participation or that modifications are necessary to assure continued eligibility for federal financial participation, the Commission shall develop and approve modifications to Subchapters II and III of Chapter 10 of Tile 16 of the Delaware Code and submit the modifications to the General Assembly. This Act differs from Senate Bill No. 13 as follows: (1) By directing the Department of Health and Social Services (“Department”) to administer the Hospital Quality Assessment. (2) By establishing a different method of calculating the assessment for a hospital that begins or ceases hospital operations or does not conduct hospital operations through a calendar year or fiscal year. (3) By prohibiting a hospital subject to the Hospital Quality Assessment from passing on the cost of the assessment to any patient, insurer, self-insured program, or other responsible party. (4) By requiring a hospital subject to the Hospital Quality Assessment to attest in writing to the Department that an oral or written, formal or informal agreement or arrangement does not exist to share, redirect, or redistribute Medicaid payments which would result in violation of federal or state law. (5) By updating the split in percentages of the funds collected from the Hospital Quality Assessment to reflect the wide range of federal match levels for services. The expected amount to be collected by the Assessment does not change as the result of the update. (6) By requiring the Registrar of Regulations to publish in the Register of Regulations a certification by the Commission under § 1034(d) and (e) of Title 16 of the Delaware Code, as contained in this Act. (7) By providing that appointments of members of the Minority Caucus of the House of Representatives and Senate are to be made by the Speaker of the House of Representatives and President Pro Tempore of the Senate, respectively. (8) By making modifications to the requirements for meetings of the Commission. (9) By providing that modifications to Subchapters II and III of Chapter 10 of Tile 16 of the Delaware Code recommended by the Commission take effect as of July 1 of the ensuing fiscal year unless rejected in full by an act of the General Assembly before that ensuing fiscal year. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act may be cited as the “Protect Medicaid Act of 2024”.

This resolution directs health care professional licensure boards to review their existing professional licensure application language to revise or remove all intrusive and stigmatizing language around mental health care and treatment and replace it with language that meets the threshold requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990), by focusing on present functional impairment and the ability to perform the essential requirements of the applicant’s profession with or without a reasonable accommodation. This resolution builds on the progress that the State of Delaware made in removing structural barriers to clinicians seeking mental health and wellbeing treatment through the enactment of Senate Bill 300 in 2022. The resolution also directs each licensure board and the Division of Professional Regulation to submit a report to the General Assembly by February 28, 2025 regarding the boards' review of their applications and certifying that the applications comply with the Americans with Disabilities Act.

The purpose of this Act is to combat aggressive driving and dangerous speed differentials on targeted roadways. This Act prohibits vehicles from traveling in the left lane on the portions of State Route 1 or Interstate 495 that are an express highway, as defined in § 101 of Title 17, or a controlled access facility, as defined in § 172 of Title 17, except in any of the following circumstances: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing overtaking and passing another vehicle. (2) When necessary to enter, leave, or continue on the roadway. (3) When necessary due to an obstruction. (4) When necessary in response to emergency conditions. (5) When necessary due to traffic conditions or congestion. (6) To comply with other law or regulation. In addition to being prohibited from traveling in the left lane, a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds is further restricted to traveling only in the right-hand lane except in the same circumstances as when a vehicle may travel in the left lane. An operator who refuses, fails, or neglects to comply with § 4114A is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty of not less than $25 nor more than $75. (2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.

This Act establishes employment protections for certain service employees during changes of ownership by requiring all of the following: 1. Notice to affected service employees at covered locations at least 15 days before a service contract is terminated, services are contracted out, or the property where they are employed is sold or transferred. This notice must state the event triggering the notice, information about the new awardee, purchaser, or transferee, and the service employee’s rights under this Act. 2. The successor employer must retain all affected service employees at a covered location for a 90-day transition period. The successor employer may not reduce any affected service employee's work hours in order to circumvent the protections under this Act and requires that a successor employer give an affected service employee a written offer of employment in English, Spanish, and in any language that is the first language spoken by at least 5% of the affected service employees. 3. Copies of the required notice and offer of employment must also be sent to the employee's collective bargaining representative, if any. This Act applies as follows: 1. To contractors who enter into a service contract for a covered location, if the contractor employs more than 4 service employees anywhere in the United States. 2. To service employees at covered locations. "Service employees" are individuals employed or assigned to a covered location on a full or part-time basis for at least 60 days in connection with the care or maintenance of a building or property, specific services at an airport, or food preparation services at a school that is an agency under § 6902 of Title 29. Service employees do not include managerial or professional employees, employees regularly scheduled to work less than 16 hours per week, or individuals who work on structural, electric, HVAC, or plumbing projects that require a permit. 3. To service contracts at the following locations: • A multi-family residential building with more than 50 units. • A commercial center, commercial or office complex, or office building occupying more than 100,000 square feet. • A cultural center or complex, including museums, convention centers, arenas, or performance halls. • An industrial site. • A pharmaceutical lab. • An airport or train station. • A health care facility that provides long-term, acute, or outpatient health-care services as these services are defined in § 7971 of Title 29. • A warehouse or distribution center. • A building operated by a State agency subject to the procurement requirements under Chapter 69 of Title 29. A successor employer may only retain fewer than all of the affected service employees during the transition period if the successor employer: 1. Finds that fewer service employees are required to perform the work than the predecessor employer had employed. 2. Retains service employees by seniority within each job classification. 3. Maintains a preferential hiring list of those service employees not retained. 4. Hires any additional service employees from the preferential hiring list, in order of seniority, until all affected service employees have been offered employment. A service employee who has been discharged or otherwise not retained in violation of the requirements under this Act may bring an action against a successor employer or an awarding authority and these violations are subject to punitive damages as follows: 1. For a first violation, an amount not exceeding $2,500. 2. For a second or subsequent violation, an amount not exceeding $5,000. 3. Each work week during which there is a day when a violation occurs constitutes a separate violation. 4. A court may also order back pay, compensatory damages, issue injunctive relief requiring that the successor employer comply with requirements under this Act, and award the service employee reasonable attorney fees and costs. This Act takes effect 90 days after enactment and applies to all contracts entered into or renewed after its enactment into law and is known as “The Service Worker Protection Act”.

This Act is a Substitute for Senate Bill No. 82. Both this Act and SB 82 require State programs to provide annual reports to the General Assembly about compliance with federal and State law and regulation that require meaningful access to services for individuals with limited English proficiency (LEP) and effective communication for individuals with disabilities. Both this Act and SB 82 provide support for language and communication assistance for individuals renting or purchasing a home or facing eviction or foreclosure. This Act and SB 82 create a short-term program within the Office of the Manufactured Housing Ombudsperson and the Department of Justice. This program will provide special language and communication assistance support for individuals with limited English proficiency and individuals with disabilities to better understand and participate in matters related to residential leases and evictions and home purchases and foreclosures. The Department of Justice is not required to spend more than $48,500 on translation and interpretation services, and auxiliary aids, in the fiscal year following 30 days after enactment. This Act differs from SB 82 as follows: (1) Some definitions are updated to conform more closely to federal law. Additionally, this Act narrows the definition of "individual with a disability" to be someone with a disability affecting communication, since this Act is designed to gather data and provide support related to effective communication. (2) This Act narrows the scope of agency programs about which reporting must occur. Instead of collecting information about agency-wide compliance, this Act will gather preliminary information about compliance by obtaining reports about a sample of agency programs. This Act requires the secretaries and directors of various departments and divisions to select and report about at least 2 operations, units, or services provided by their department or division. Certain enumerated entities under § 10604(b) of Title 29 will be required to report about their compliance. Also, the Department of Justice shall select 5 programs that will be required to submit reports. (3) In SB 82, programs had to complete narrative reports for the first 3 years after enactment. Beginning 4 years after enactment, the reporting programs were required to submit reports that required data collection. This Act keeps only the narrative reports. (4) Revises the special language and communication assistance program to allow the Department of Justice to create 1 program to fulfill its obligations under this Act to provide support for language and communication assistance for individuals renting or purchasing a home or manufactured home or facing eviction or foreclosure, as well as limits the program’s obligations to the extent of the appropriated funds received. (5) In SB 82, the special language and communication assistance program was to sunset 2 years after enactment unless otherwise extended, while the reporting requirements were to continue. In this Act, the entire Act sunsets 2 years after enactment unless extended by an act of the General Assembly.

This Act updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and improve information sharing between educational institutions and programs operating in this State, including local postsecondary institutions and programs and local education agencies, and the Department of Education (“Department”). Specifically, the Act does the following: (1) Provides that educational records of students, and personally identifiable information contained therein, may only be disclosed or redisclosed in accordance with FERPA and its implementing regulations. (2) Allows local education agencies and educational institutions and programs who outsource their data exchange and compliance with reporting requirements to the Department to consider the Department a school official as defined by FERPA regulations. This allows educational institutions and programs to disclose to the Department, without parental consent, information necessary for federal and state reporting when there is a legitimate educational interest. (3) Gives the Department authority to redisclose educational records for the purposes of ensuring the effectiveness of publicly funded programs and improving educational outcomes for students. Like initial disclosures, redisclosures must comply with FERPA and its implementing regulations. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.