Bills adding services for women, children clear legislature
Bills requiring healthcare coverage for postpartum help, mammograms and peanut allergy prevention, and a bill giving legal protections for fertility treatments all passed the Senate June 18 and now await Gov. John Carney’s signature.
Senate Majority Whip Elizabeth Lockman, D-Wilmington, celebrated the passage of the quartet of House bills in a press release.
“To me, it’s no coincidence that we are making strides in protecting healthcare for women and infants at a time when the Delaware General Assembly has more women – and more Black women – than ever before,” she said. “I want to thank all of the strong, passionate female leaders who worked hard to advance these policy changes and break down the barriers that have threatened the health and well-being of families across our state for far too long.”
All the bills unanimously passed the Senate except for HB 374, which passed the Senate 20-1. The bill passed the House 29-11 with one absent May 21 to provide the same legal protections for fertility treatment that are afforded providers of contraceptive and abortion services.
HB 345 passed the House March 26 by a vote of 37-0 and four absent to require Medicaid coverage for additional postpartum visits with a doula upon recommendation of a licensed practitioner or clinician.
HB 313 passed the House March 28 by a 39-0 vote and two absent to ensure that all female inmates in Delaware Department of Correction custody, at Level IV or V, receive annual or biennial screening mammograms as recommended by the U.S. Preventive Services Task Force.
HB 274 passed the House May 7 by a 23-6 vote with seven not voting and five absent to require that all health insurance plans, including Medicaid, provide coverage – at no cost when prescribed to infants – of at least one early peanut allergen introduction dietary supplement and at least one early egg allergen introduction dietary supplement.
Awaiting governor signature
SS 1 for SB 248 passed the House 39-2 June 13 after passing the Senate April 18 by a vote of 19-0 with one not voting and one absent to clarify the Family and Medical Leave Insurance Program where an employee is co-employed by an employee leasing company or a professional employment organization that "employer" refers to the employer client of the employee leasing company or professional employment organization, and not to the employee leasing company or professional employment organization. This act also defines collective bargaining agreement for purposes of the Family and Medical Leave Insurance Program and excludes from the definition of employee individuals who are covered by a collective bargaining agreement as a member of a labor organization, who receive employment benefits through the labor organization, and who, due to the nature of the industry in which they work, may never qualify as a covered individual under the Family and Medical Leave Insurance Program.
SS 2 for SB 150 with SA 1 unanimously passed the House June 13 after doing the same in the Senate May 22 to define dementia care services and activity services, and require that all long-term care facilities that offer dementia care services have sufficient staff to meet the needs of each resident, including a sufficient number of dedicated activity staff. This act also requires that the staff who work with residents with dementia complete dementia care services training and identifies certain requirements for such training.
SS 1 for SB 151 unanimously passed the House June 13 and the Senate May 22 to require that all long-term care facilities that advertise, market or otherwise promote that the facility provides dementia care services must complete a written notice on a form prepared by the Department of Health and Social Services.
SB 231 unanimously passed the House June 13 and the Senate May 14 to establish a program to help a young person in foster or state care get a driver’s license, auto insurance and meet other costs.
SB 267 unanimously passed the House June 13 and passed the Senate May 7 19-0 with two absent to clarify the state’s unclaimed property laws, specifically regarding the definition of foreign country or foreign jurisdiction.
SB 268 unanimously passed the House June 13 and passed the Senate May 7 19-0 with two absent to update the Uniform Transfer on Death Security Registration Act.
SB 213, sponsored by Sen. Gerald Hocker, R-Ocean View, unanimously passed the House June 13 and passed the Senate 19-1 with one absent April 25 to allow Millville to impose and collect a lodging tax.
SB 214 unanimously passed the House June 13 after passing the Senate 19-1 with one absent April 25 to allow Millsboro to impose and collect a lodging tax.
SB 235 unanimously passed the House June 18 and passed the Senate March 21 20-0 with one absent to require Delaware to participate in a national clearing house that tracks commercial driving licenses, and prohibit CDL licenses if the driver has violated drug and alcohol laws.
SB 238 unanimously passed the House June 18 and the Senate March 27 to add "victim of kidnapping" to the definition section of the Address Confidentiality Act, allowing for kidnapping victims to become eligible for the protections offered by the Address Confidentiality Program.
HB 87 with HA 1 and SA 2 unanimously passed the House June 18 for a second time with a Senate amendment and the Senate June 11 to establish the Delaware Agricultural Production Assistance Program. The program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10 per acre.
SS 1 for SB 252 unanimously passed the House June 18 and the Senate April 23 to require that the Department of Education perform audits of educator preparation programs to assess compliance with the evidence-based reading instruction requirements, known as the “science of reading,” that were enacted in 2021.
SB 285 unanimously passed the House June 18 and the Senate May 21 to eliminate the requirement that Justice of the Peace Court constables reside within Delaware. The residency requirement was established when constables were independent officers, and had their own bonding requirements and penalties for failure to do the business of the court. Constables are now employees of the Justice of the Peace Court and the residency requirement is no longer needed.
SS 1 for SB 304 unanimously passed the House June 18 and passed the Senate May 23 18-3 to make changes to nonacademic training requirements for school district and charter school personnel to help ensure that mandatory trainings are relevant to student needs and based on best practices.
HS 1 for HB 326 unanimously passed the Senate June 18 and the House May 9 38-0 with three absent to require Delaware’s nonprofit hospitals to provide the state and public with an annual report outlining their community benefits spending, bringing Delaware in line with 31 other states, including all of Delaware’s neighboring states, that require reporting. This act defines community benefits program, outlines the minimum contents that must be included in a community benefits activity report, and requires that the report be made available to the public and be submitted by Jan. 31 of each year to multiple state entities.
HB 324 unanimously passed the Senate June 18 and passed the House March 19 by a 33-4 vote with four absent to make several changes to the code relating to the Department of Finance, removing bond requirements for Division of Revenue employees, and allowing them to enforce taxes even if there is no reference to a specific title in Delaware code.
HB 18 unanimously passed the Senate June 18 and the House March 14 to amend the Merit System of Personnel Administration by allowing preferential hiring for casual seasonal employees who are performing the same job duties of a posted merit position.
HS 1 for HB 19 unanimously passed the Senate June 18 and passed the House March 26 by 34-1 vote with six absent to create a background special license plate for the United Way of Delaware Pride Council.
HB 314 unanimously passed the Senate June 18 and passed the House March 28 by a vote of 39-0 with two absent to change the secretary of the Department of Health and Social Services to secretary of the Department of Transportation for determining the status of a driver’s license for individuals with a potential medical condition, which allows for quicker response and ensures the confidentiality of a driver.
HB 349 unanimously passed the Senate June 18 and passed the House by a vote of 38-0 with three absent May 14 to codify that the Superior Court Veterans’ Treatment Court is a qualified rehabilitation program for persons seeking to have their driver's licenses reinstated after a DUI.
House passed
HB 155 with amendments passed the House June 18 by a 25-16 vote to make the unsafe storage of a firearm in a vehicle a Class A misdemeanor if the person knowingly leaves a firearm unattended in a vehicle and the firearm is not stored in a locked box or container, a firearms rack that is on the motor vehicle, or locked in the trunk. The bill passed both the House and Senate in 2023 but returned to the House and then again to the Senate with another amendment.
Senate passed
HS 2 for HB 273 with SA 1 passed the Senate 16-5 June 18 but returns to the House with the Senate amendment after originally passing the House 29-8 with four absent March 19 to add five additional speech-language diagnoses to the two diagnoses listed in HB 273, and references that all seven speech-language diagnoses are classified in the International Classification of Diseases for billing purposes.
SS 1 for SB 247 passed the Senate June 18 by a vote of 20-0 and one not voting to protect residents of manufactured housing communities from landlords who seek to impose rent increases even while refusing to address outstanding health and safety violations.
SB 309 passed the Senate June 18 by a 19-2 vote to adopt the Uniform Health-Care Decisions Act of 2023 to supersede the Uniform Health-Care Decisions Act of 1993, and allow individuals to appoint agents to make healthcare decisions for them should they become unable to make those decisions for themselves.
SB 270 passed the Senate June 18 by a 20-0 vote and one absent to codify the budget stabilization fund, define deposit and withdrawal standards for the fund, and impose deposit and withdrawal norms throughout the annual governor’s recommended budget process.
SB 274 passed the Senate June 18 by a 20-0 vote and one absent to provide that the developer of a residential subdivision is provided a percentage credit toward the expense of off-site improvements to state-maintained highways consistent with the percentage of units set aside for affordable housing in a residential subdivision project.
Defeated
SCR 100 was defeated in the Senate June 13 by a 6-5 vote with seven not voting and three absent. SCR 100 was an application for a Convention of the States to impose fiscal restraints and limit the power and jurisdiction of the federal government, and to limit the terms of office for officials and members of Congress.
SB 3 with HA 2 was defeated in the House by receiving less than a two-thirds vote June 13 for the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and authorize the General Assembly to enact general laws providing the circumstances, rules and procedures for absentee voting in Delaware. The act passed the Senate 15-5 in 2023, but failed 25-10 with six not voting in the House. The bill returns to the Senate but still must receive two-thirds vote in successive assemblies in order to become law.
Bills in committee
House Administration
SB 299 unanimously passed the Senate June 13 to address notice and bidding requirements for state contracts to $5,000.
SB 316 unanimously passed the Senate June 13 to create an annexation process for the Town of Slaughter Beach to extend its boundaries.
HS 1 for HB 387 would allow a state agency to weight a public works project of more than $30 million by up to 30% for a Disadvantaged Business Enterprise that is applying for a state contract.
House Appropriations
HB 391 would repeal three fees that currently fund videophone systems used by state and local agencies; personnel, equipment, and training expenses related to judicial branch security; and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group, which also recommended replacement of lost revenue for affected agencies as needed with general funds.
SS 1 for SB 245 unanimously passed the Senate May 16 to remove the expiration dates for the Office of Foreclosure Prevention and Financial Education and the Residential Mortgage Foreclosure Mediation Program to assist homeowners at risk of foreclosure or already navigating the foreclosure process.
SB 283 unanimously passed the Senate May 21 to repeal the DELJIS Fund fee imposed on criminal defendants. The act would become effective upon the specific appropriation of general fund monies to replace DELJIS’s full spending authority of the repealed fee.
SB 12 with SA 1 unanimously passed the Senate May 22 to protect both defendants’ due process rights and public safety by establishing the list of circumstances for which defendants may be detained pretrial without the opportunity for release and providing adequate due process protections for detention-eligible defendants. This act protects public safety by permitting courts to detain a defendant who is charged with an enumerated felony offense where no condition or combination of conditions of bail will reasonably assure a defendant’s appearance in court or the safety of a witness, a victim, or the community.
HB 435 would create a talent retention program for teachers that includes tax credits for education loan expenses up to a maximum of $1,000 for an associate degree, $4,000 for a bachelor's degree, and $6,000 for a graduate or post-graduate degree for up to four consecutive years.
House Economic Development/Banking/Insurance & Commerce Committee
HB 446 would prevent a consumer reporting agency from furnishing a consumer report if the report is being obtained due to an inquiry regarding a residential mortgage loan.
House Education Committee
SB 311 unanimously passed the Senate June 13 to provide the ability for charter schools to hire the administrators that they deem beneficial to the success of the school’s education program and the needs of students and staff.
House Revenue & Finance Committee
HB 448 would allow Delaware residents age 60 and older to deduct their full pensions or other qualified retirement income from State taxable income.
Senate Banking, Business, Insurance & Technology
HS1 for HB 383 with HA 1 and HA2 passed the House June 13 by a 37-1 vote with three absent to prohibit discrimination against 340B drug distribution by manufacturers, repackagers, third-party logistics providers, and wholesalers. Violations are deemed an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice.
Senate Elections & Government Affairs
HB 319 with HA3 passed the House June 13 by a 38-1 vote with two absent to require the Department of Human Resources to develop an executive branch policy restricting nepotism in state employment and prohibiting supervision of a state employee by a relative. It further requires the legislative and judicial branches, as well as offices headed by other elected officials to develop and implement comparable policies. The amendment simplifies the provision relating to adoption of an anti-nepotism policy in parts of state government outside of the executive branch.
HB 396 unanimously passed the House June 13 to amend Delmars charter.
HB 398 unanimously passed the House June 13 to amend the City of Seaford Charter to remove the section regarding Fire Department Appropriations, specifically, the City Council's authority to set aside or appropriate up to 10% of real estate taxes to provide for and maintain the equipment of the Seaford Volunteer Fire Department.
HB 414 unanimously passed the House June 13 to amend Frankford charter
HB 124 passed the House June 18 by 35-4 with two absent to eliminate animal noise and noise disturbances from the Noise Control and Abatement Chapter in state code. This bill adds restrictions concerning barking dogs with other provisions concerning dogs currently being enforced by the Office of Animal Welfare, and does not prohibit municipalities from enforcing their own dog laws or ordinances if they have their own enforcement agency. This bill clarifies that police officers shall assist the Office of Animal Welfare, as occasion requires, with the enforcement of all State and local dog control laws.
HB 291 with HA2 unanimously passed the House June 18 to require the Department of Elections to keep a record of donors’ employers and their job title but this information will not be considered a public record under FOIA. This amendment also requires a reporting party who has knowingly accepted an unlawful contribution to return it to the donor rather than pay it to the state treasurer for deposit in the general fund.
HB 390 passed the House with 39 votes and two absent June 18 to name the hill east of Mill Creek 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.
Senate Environment, Energy & Transportation Committee
HS1 for HB 247, the “Everyone Gets Home Act,” unanimously passed the House June 13 to sharpen the Department of Transportation’s focus on the three most common types of fatal crashes: intersection (including driveway); roadway departure; and mid-block pedestrian. This act clarifies DOT’s authority to designate controlled-access facilities as a safety countermeasure for both intersection and midblock pedestrian crashes and, when the facility designation has received the consent of county government, requires counties to use their own authority to assist the DOT in consolidating vehicle entrances and exits to and from the facility. The act authorizes the DOT to designate roadways as low-speed streets and low-speed local roads, permits counties to request such designations, and expands the DOT’s discretion to deploy new traffic-control devices in order to reduce fatal crashes.
HB 397 passed the House with 39 votes and two absent June 18 to allow the Department of Transportation to obtain fee simple ownership of land encumbered by right-of-ways, previously conveyed to the Department by permanent easement, when such right-of-ways are part of a current Department project.
HB 416 passed the House June 18 with 38 votes and three absent to raise the gross vehicle weight rating of a low-speed vehicle from less than 2,500 pounds to 3,000 pounds or less.
HB 431 with HA1 unanimously passed the House June 18 to require the Department of Natural Resources and Environmental Control, through regulations, to determine which species of live bait may be harvested, imported, transported, sold, or used, in the tidal and non-tidal waters of the State, and allow the department, by regulation, to prohibit or restrict the importation or sale of live bait species from other states or countries.
HB 416 passed the House June 18 with 38 votes and three absent to raise the gross vehicle weight rating of a low-speed vehicle from less than 2,500 pounds to 3,000 pounds or less.
Senate Executive Committee
SB 331 would require the Department of Health and Social Services, in consultation with persons interested in the sale and pricing of prescription drugs as well as interested federal and state officials and agencies, to design and implement a wholesale prescription drug importation program for the benefit of, and that generates savings for Delaware residents.
HS1 for HB 147 with HA1 unanimously passed the House June 18 to provide a mechanism for the nonprobate transfer of real estate. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death deed designating a beneficiary who will automatically receive the real estate on the owner's death without a probate procedure. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the deed.
HB 264 passed the House June 18 by 37-1 with two not voting and one absent to make “patronizing a prostitute” a class E felony rather than a misdemeanor where the person from whom prostitution is sought is a minor.
HB 265 with amendments passed the House June 18 by 31-5 with four not voting and one absent to require a commercial entity that knowingly or intentionally provides pornography and other materials defined as harmful to minors to verify the age of individuals accessing the material. Civil liability and a civil penalty are imposed on commercial entities that fail to comply with verification requirements. Additionally, an internet provider or user of an interactive computer service on the internet is not subject to liability. This act is modeled after similar laws in Virginia, Utah, and Louisiana.
HB 400 passed the House June 18 with 40 votes and one not voting to move the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly, as have the dates for notice of filing fees and background checks.
HB 423, sponsored by Rep. Pete Schwartzkopf, D-Rehoboth Beach, passed the House with 39 votes and two absent June 18 to permit a farm winery to apply for a license for use of a portion of the farm winery premises as a restaurant.
HB 428 passed the House with 39 votes and two absent June 18 to clarify state procurement guidelines.
HB 433 unanimously passed the House June 18 to revise the experience rating methodology for assigning unemployment assessment rates to employers under the Unemployment Insurance Code in Delaware. According to the bill, the new methodology is meant to be more responsive to changes in the economy over time, to better sustain the solvency of the Unemployment Trust Fund, and to be easier to administer.
Senate Finance Committee
HS2 for HB 125 passed the House by 39 votes with two absent June 11 to require all schools to offer all students free breakfast and lunch every school day. The state Department of Agriculture would reimburse all schools for all expenses not reimbursed by the U.S. Department of Agriculture.
HB 16 with HA1 passed the House June 11 with 39 votes and two absent to require that Medicaid and state employee health plans cover ovarian cancer monitoring tests for women treated for ovarian cancer; and annual screening tests for women at risk for ovarian cancer.
HB 86 passed the House by 39 votes with two absent June 11 to establish 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.
HB 280 with HA1 passed the House June 11 with 39 votes and two absent to repeal the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof on the State to prove all elements of a forfeiture case by a preponderance of the evidence. The bill also prohibits the forfeiture of currency less than $500; prohibits forfeiture unless a criminal charge is brought; requires the person holding seized property to be financially responsible for all fees associated therewith in the event the property is ordered by the court to be returned; and allows a claimant property owner who substantially prevails in a forfeiture proceeding to recover reasonable attorney’s fees and costs.
Senate Health & Social Services
HS2 for HB 300 unanimously passed the House June 13 to require all assisted living facilities that are not subject to CMS regulations maintain accreditation from an independent accrediting organization approved by the Department of Health and Social Services, that assisted living facilities that provide dementia care services maintain a certification for the provision of dementia care services from an approved independent accrediting organization, and that all assisted living facilities must submit proof of accreditation and, if applicable, certification to the department. This act also authorizes DHSS to promulgate rules and regulations to carry out these provisions, and it defines dementia care services and secured dementia care unit.
HB223 with HA2 and 3 passed the House June 13 with 39 votes and three absent to amend the continuing education requirements for nursing professionals, mandating that they receive at least one hour of continuing education in each reporting period on the recognition of sexual or physical abuse, exploitation, or domestic violence of vulnerable populations, or on the reporting obligations under the rules and regulations of the Board of Nursing. The bill removes the requirement for nursing professionals who work in adult gerontology to complete continuing education on the topic of diagnosis, treatment, and care of patients with Alzheimer's disease or other dementias.
HB 362 passed the House June 13 with 38 votes and three absent to require coverage of doula services under private health insurance plans.
HB 419 passed the House with 39 votes and two absent June 18 to require the Department of Services for Children, Youth, and Their Families to provide new luggage to children in foster care to use for the transportation of their personal belongings when entering custody, moving from one placement to another, or exiting custody, and makes clear that disposable bags and trash bags may not be used for these purposes. It requires the Department to establish and maintain an inventory of new luggage for this purpose. The Department must annually provide a report containing a current accounting of supply inventory and inventory management procedures.
HB 425 passed the House with 39 votes and two absent June 18 to move the Office of Medical Marijuana, which is currently under the Department of Health and Social Services, to the Office of the Marijuana Commissioner within the Department of Safety and Homeland Security. Under this act, the marijuana commissioner, not DHSS, will be responsible for administering the Delaware Medical Marijuana Act, which includes registration and certification of safety compliance facilities and compassion centers; issuing registry identification cards; registering qualifying patients and designated caregivers; and updating rules and regulations under the Delaware Medical Marijuana Act.
Senate Judiciary Committee
HB 70 to eliminate the death penalty in Delaware passed the House June 18 by a 33-8 vote. The penalty for a person who is convicted of first-degree murder for an offense that was committed after the person’s 18th birthday is imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.
HB 311 with HA1 and HA2 passed the House 24-16 with one absent June 13 to add post-secondary colleges and universities to the Safe School Zone criminal offense so that any person who knowingly possesses a firearm, as defined in Title 11, while in or on a college or university facility or campus may be charged with this additional offense. The same exceptions set forth in the statute will apply to a college or university. This Act also adds commissioned security guards to the categories of individuals who may possess a firearm while acting in their official capacity within a Safe School Zone. A person convicted under this section will be guilty of a Class E felony.
HB 340 unanimously passed the House June 18 to authorize the creation of Family Justice Centers within Delaware to provide victims of crime with a single source to obtain resources and support services.
HB 408 with HA1 and HA2 passed the House June 18 by 29-11 with one absent to create a temporary conversion license for existing medical marijuana compassion centers to operate for recreational marijuana purposes, and sets forth requirements to obtain a conversion license and to operate under such a license.
HB 426 passed the House with 39 votes and two absent June 18 to give doula or midwife services to pregnant women in DOC custody, at Level IV or V, in order to create a birth plan that includes a statement identifying a preferred childcare provider and whether the new mother wishes to express breast milk for the child. This bill also requires DOC to publish an annual report regarding the use of doula and midwifery services within the department.
