Signed into law

HS1 for HB 162 with HA3 passed the Senate by a 37-2 vote with one absent to authorize the process of natural organic reduction to be used in Delaware to accelerate the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere, according to the bill. The substitute bill defines “final remains” and “last remains.” The bill  passed the House Jan. 23 by a 37-2 vote with 1 not voting and 1 absent.

SB 159 removes membership with the Blood Bank of Delaware as a recognized benefit by the State due to changes in policies in how hospitals and insurance companies bill for blood replacement and blood replacement procedures.

Senate passed

SS1 for SB11 unanimously passed the Senate May 22 as the first leg of a constitutional amendment to modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to enumerate certain felony offenses for which, or circumstances under which, pretrial release on bail may not be allowed. The bill moves toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety while minimizing pretrial detention for those for whom detention is not required. Specifically, the act would retain the express declaration of a general right to have bail set in a criminal case, and provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive or presumption of the accusation great, and other specifically identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof is positive or presumption of the accusation great. 

SB12 with SA1 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.

SB 295 unanimously passed the Senate May 22 to strengthen the current practice of obtaining service letters for employment in child care facilities to protect children from workers who have engaged in prior acts that are prohibited by the Office of Child Care Licensing. 

SS2 for SB 150 with SA1 unanimously passed the Senate May 22 to define dementia care services and activity services, and requires 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 receiving dementia care services complete dementia care services training and identifies certain requirements for such training.

SS1 for SB 151 unanimously passed 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.

SJR 6 passed the Senate May 22 with 19 votes and two absent to direct 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.

SB 296 passed the Senate May 22 by 19 votes with two absent to amend the Delaware Antitrust Act to provide indirect purchasers who have been harmed by violations of the Delaware Antitrust Act the ability to sue for damages. Indirect purchasers of a product or service in the chain of distribution are often the ones who bear the burden of any overcharges from antitrust violations such as price-fixing. Direct purchasers and others in the chain of distribution of the affected product or service often have the ability to pass the overcharge through the chain of distribution to end users. 

Awaiting governor signature

SB 20 passed the House May 21 by 38 votes with three absent to address donating leave by public school district employees. The bill passed the Senate March 5 by 20 votes with one absent.

SB 264 unanimously passed the House May 21 to remove the sunset provision relating to the electrical and natural gas utility distribution system improvement charge. The bill passed the Senate May 7 by 19 votes with two absent 

HB 334 with HA1 passed the Senate 16-5 May 21 to make changes to the Delaware Marijuana Control Act by changing operating times, require ID badges for establishments, require employee training, and other license requirements. The bill passed the House 29-10 with two absent March 19.

SB 200 with SA1 and HA1 unanimsouly passed the Senate May 21 to remove the requirement that notices related to nonpayment of premium and offers to renew a homeowners policy be delivered by certified mail or USPS Intelligent Mail barcode. As amended, Senate Bill No. 200 will now require that only cancellation notices unrelated to nonpayment of premiums and notices of an insurer’s intent not to renew be delivered by certified mail or USPS Intelligent Mail barcode. The bill unanimously passed the Senate March 12, but returned with HA1. The bill passed the House with 38 votes and three absent May 16.

HB 322 unanimsouly passed the Senate May 21 to establish the Delaware Commission on Asian and Pacific Islander Heritage and Culture. The bill passed the House with 39 votes and two absent.

HB 336 passed the Senate May 16 with 19 votes and two absent and passed the House with 38 votes and three absent April 23 to amend the Delaware Limited Liability Company Act.

HB 337 passed the Senate May 16 with 20 votes and one absent and passed the House with 38 votes and three absent April 23 to amend the Delaware Revised Uniform Limited Partnership Act.

HB 338 passed the Senate May 16 with 20 votes and one absent and passed the House with 38 votes and three absent April 23 to amend the Delaware Statutory Trust Act.

HB 339 passed the Senate May 16 with 20 votes and one absent and passed the House with 38 votes and three absent April 23 to amend the Delaware Revised Uniform Partnership Act. 

Bills in committee

House Administration Committee

HB 410 would establish the Legislative Hall Art and History Advisory Commission to advise and make recommendations to the Legislative Council regarding art, monuments, and historical exhibits to be displayed in Legislative Hall or on the grounds of Legislative Hall. 

HB 375 would set insurance premiums paid by the state for new employees on or after Jan. 1, 2025. For eligible pensioners employed by the state for at least 15 years but less than 20 years at the time of retirement, 50% of the premium; for those employed at least 20 years but less than 25 years at the time of retirement, 75%; and 100% for those for 25 years or more. 

HB 376 would include new pensioner coordination of benefits policy beginning July 1, 2027, and must be comparable to the existing coordination of benefits policy for the spouse of a state group health insurance program participant who is eligible for health care coverage through the spouse's own employer. This act also codifies the existing spousal coordination of benefits policies for the state group health insurance program. 

HB 377 would continue to offer eligible pensioners first employed by the state as a regular officer or employee (first employed) before Jan. 1, 2025, a plan that is comparable to the current Special Medicfill Medicare Supplement plan. However, for eligible pensioners first employed on or after Jan. 1, 2025, the state may offer different Medicare supplement plans that are not high deductible plans.

HB 400 would 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 398 would 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 ten percent of real estate taxes to provide for and maintain the equipment of the Seaford Volunteer Fire Department.

SS1 for SB 174 unanimously passed the Senate May 15 to add Justices of the Peace, commissioners in Superior Court, Family Court, and Court of Common Pleas, and magistrates in Chancery to the state judicial pension plan, amends the definition of state judiciary so that Justices of the Peace, commissioners, and magistrates in Chancery are included.

House Appropriations Committee

HB 292 would require the Department of Elections to review every political committee’s contribution and expense report and to note the report, on the Department’s website, as either “Submitted but Not Reviewed” or “Reviewed and Final”. If the Department discovers any violations of this chapter, it must work with the candidate to rectify the violations. Once the violations are corrected and the candidate submits an amended report the report’s status shall be updated on the Department’s website and clearly marked as “Reviewed and Final”. This Act will apply to all contribution and expense reports submitted after February 1, 2025.

HB 399 would create a state-level Department of Veterans’ Affairs, headed by a cabinet-level Secretary appointed by the Governor with the advice and consent of the Senate. The Department will take over most of the duties currently handled by the Commission on Veterans’ Affairs and its staff. The Commission will continue in its current form, but under the Department of Veterans’ Affairs rather than the Department of State, and it will continue to advise on the duties of the Department and make recommendations regarding the welfare of veterans in the State. The Department will assume the assets and liabilities of the Commission and current staff of the Commission will become staff of the Department. 

HB 394 has to do with the Delaware Health Resources Advisory Board.

House Economic Development/Banking/Insurance & Commerce Committee

SB 272 with SA1 unanimously passed the Senate May 16 to require health insurance providers to provide the same reimbursement to pharmacists that is already provided to other providers performing the same services at the same rates as advanced practice registered nurses and physician assistants.

SB 291 unanimously passed the Senate May 21 to remove the registration of trade names for sole proprietorships, partnerships, and associations in the Superior Court prothonotaries and places registration of such trade names with the Division of Revenue. The filing of certificates will be recorded electronically and the fee for such filing is $25. 

SB 231 unanimously passed 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 other costs. 

HB 406 sponsored by Rep. Pete Schwartzkopf, D-Rehoboth Beach would grant the Division of Alcohol and Tobacco Enforcement the ability to enter into offers in compromise with importers to resolve alleged violations of state law and Office of the Delaware Alcoholic Beverage Control Commissioner Rules. 

HB 408 would 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. 

House Education Committee

SB 279 unanimously passed the Senate May 21 to add that ballistic resistant film may be used in addition to ballistic resistant glass for a safety feature of a new school or major renovation.

SB 297 unanimously passed the Senate May 21 to acknowledge the importance of diversity and inclusivity in education by requiring the Department of Education to update content standards and regulations using a nonexhaustive list of racial, ethnic, and cultural groups.

House Judiciary Committee

SB 282 with SA1 unanimously passed the Senate May 21 to repeal the Senior Trust Fund Fee, the Interstate Compact Fee, and the Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee imposed on criminal defendants, and eliminate any outstanding balances owed on these fees.

SS1 for SB 269 unanimously passed the Senate May 21 to civil penalties for violations of laws related to dogs that run at large, dogs that bite a person or domestic animal while running at large, and dogs that are declared dangerous or potentially dangerous. It also expands the requirements for keeping or maintaining a dangerous or potentially dangerous dog to include provisions related to liability insurance, licensing, vaccination, microchipping, and leashing. 

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 284 unanimously passed the Senate May 21 to discharge balances owed by individuals ordered to pay a probation supervision fee under state law.

SB 285 unanimously passed the Senate May 21 to eliminate the requirement that Justice of the Peace Court constables reside within the State of 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. 

SS1 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.

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.

HB 412 would allow law enforcement officers to submit a written request that their personal information not be publicly released. The written request may be submitted directly by a law enforcement officer to a person or government agency or the law enforcement agency employing the officer may submit a written request on behalf of the officer. 

HB 413 would allow enhanced statewide jurisdiction for police officers, including county and municipal police officers. Enables a police officer to make arrests for certain serious offenses committed in the officer's presence when the officer is off-duty, if the officer is operating a police vehicle equipped with emergency lights and a siren; adds three additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence, reckless driving, aggressive driving, and overtaking and passing a stopped school bus; and requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime.

HB 415 would sets forth rights for homeless individuals, many of which are existing constitutional rights, and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to law enforcement Internal Affairs if necessary.

House Labor Committee

SB 239 with SA1 unanimously passed the Senate May 14 to remove the 5-year term limit imposed upon hearing officers appointed by the Secretary of Labor. It also removes the political party affiliation rule when considering new candidates that held that the number of officers from one major political party shall not exceed a majority of one. The act removes references to reappointments and clarifies that the removal of a hearing officer is made consistent with the State Merit Rules.

House Natural Resources & Energy Committee

HB 422 would require an environmental justice impact report in order to get a permit for a new facility, expansion, or renovation in an overburdened community. This includes commercial, municipal, and industrial businesses.

House Public Safety & Homeland Security Committee

HB 407 establishes an application process, policies, procedures, operational instructions, and requirements for licensed transporters to obtain and use transporter license plates when transporting vehicles. 

SB 206 with SA1 unanimously passed the Senate May 16 to allow use of green lights on municipal owned-and-operated snow removal equipment and vehicles during winter weather operations.

HB 409 would define a unique vehicle as one not manufactured to meet all Federal Motor Vehicle Safety Standards in effect for the model year in which it was manufactured or which does not meet the requirements of the Division of Natural Resources and Environmental Control emissions inspection program.

HB 416 would raise the gross vehicle weight rating of a low-speed vehicle from less than 2,500 pounds to 3,000 pounds or less.

HB 417 would remove statute of limitations to allow survivors of child sexual abuse that occurred in Delaware to file suit against their abusers in the Superior Court at any time. This is intended to apply retroactively.

House Sunset Committee

SB 277 unanimously passed the Senate May 16 to require the Board of Massage and Bodywork not issue initial certifications to practice as a certified massage technician for applications received after December 31, 2024.

Senate Banking, Business, Insurance & Technology

HB 317 passed the House with 38 votes and three absent May 21 to create a requirement for all sellers of third-party gift cards to display a notice of potential scams involving gift cards.

HS1 for HB 272 with HA1 and HA3, sponsored by Rep. Hilovsky, would not prohibit persons or business entities from receiving compensation for advice to Veterans that is unrelated to veteran claims or services available to veterans from the V.A. or its accredited agencies.

HB 371 passed the House May 16 with 39 votes and two absent to change 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. 

HB 378 passed the House May 16 with 37 votes and three absent to require health spas selling subscription services online to provide a prospective buyer of such a subscription the right to cancel the automatic renewal online.

Senate Education Committee

SB 311 would 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. 

Senate Elections & Government Affairs

HB 254 with HA1 unanimously passed the House May 14 to amend the charter of the Town of Millville.

SB 299 addresses notice and bidding requirements for state contracts to $5,000.

Senate Environment, Energy & Transportation Committee

HB 373 passed the House May 21 with 38 votes and three absent to allow the Office of Highway Safety to solicit and receive subscriptions, donations, and other funds from individuals or organizations for the purpose of implementing highway safety programs and projects that support the mission of reducing traffic fatalities and injuries in Delaware.

Senate Finance Committee

SJR7 would direct the Office of Child Care Licensing to adopt an electronic record and filing system that will modernize the State’s child care system. 

SB44 with SA1 would establish the Office of New Americans to help improve the lives and economic prosperity of new Americans who come to Delaware and of all Delawareans generally.

HS1 for HB 5 with HA1 unanimously passed the House May 16 to charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation.

SB 78 would exempt from school property taxes real estate owned by Todmorden Foundation and used for the purposes of affordable housing. 

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. 

HB 200 with HA1 passed the House with 39 votes and two absent May 9 to establish a mental health services unit for Delaware high schools. The unit is phased in over three years, beginning in FY2024, to arrive at a final ratio of 250 full-time equivalent students grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 9-12 for employment of a full-time school psychologist.

Senate Health & Social Services

HB 204 with HA1 passed the House with 39 votes and two absent to grant authority to the Department of Health and Social Services to adopt regulations related to the operation of temporary staffing agencies that staff temporary nurses and other staff positions in long-term care facilities in the state and assign oversight within DHSS to the Division of Health Care Quality. 

Senate Housing and Land Use

HB 363 passed the House May 14 with a 34-2 with two absent to require a landlord who provides a dwelling place to a person as part of their employment compensation to provide them with a disclosure form advising them of the conditions and requirements for occupancy and vacancy of the premises once they are no longer employed by the landlord. The disclosure must inform the tenant employee that the landlord must offer the tenant, within 5 business days of termination by the employer, the opportunity to enter into a written rental agreement, if no rental agreement is in effect already. No offer for a rental agreement is necessary if the tenant employee is terminated for cause. The landlord may condition the rental agreement on the person financially qualifying as a tenant and meeting the landlord’s income, credit, or other financial requirements for renting the unit. This Act also lengthens the time period the landlord must wait before bringing a summary possession action against a formerly employed tenant from 15 days to 30 days unless the termination is for cause.

SB 310 would update procedures governing the transfer of a manufactured home located in a manufactured home community in order to provide a clearer process and reduce ambiguities that allowed some community owners to prevent the transfer of a lease or a home as well as prevent family members from inheriting the investment made by a deceased family member in a home.

Senate Judiciary Committee

HB 374 passed the House 29-11 with one absent May 21 to provide the same legal protections afforded providers of contraceptive and abortion services to providers of fertility treatment.

SB 312 would protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation. Specifically, the act combats the problem of strategic lawsuits against public participation, also called “SLAPPs.” A SLAPP may come in the form of a defamation, invasion of privacy, nuisance, or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities.

SS1 for SB 224, sponsored by Sen. Brian Pettyjohn, R-Georgetown, removes private schools from the Safe School Zone law.