This Act creates a scholarship for students who have completed a Delaware Teacher Academy and are enrolled in a Delaware Educator Preparation Program. This scholarship supplements the Educator Support Scholarship and is intended to fill a $2500 funding gap for aspiring educators who are in their first year at an Educator Preparation Program. No more than 35 scholarships may be awarded. The scholarship will be expanded based on interest and funding in subsequent school years and will continue as funding is available.
This Bill updates Title 11 of the Delaware Code relating to animal cruelty. After 2 misdemeanor violations of this section, currently class A misdemeanors, all further violations are to be upgraded to class F felonies. Also, after the first felony violation of the statute, currently a class F felony, which involves intentionally killing or causing serious injury to any animal in violation of the statute, all further violations are to be upgraded to class E felonies. Also, any person convicted of a felony violation a second time shall be prohibited from owning or possessing any animal for the remainder of their life without exception.
Senate Substitute 1 for SB 168 allows for the delivery of alcoholic liquors from any entity with a valid off-premise license. In addition, this substitute provides that acts of a licensed consumer delivery permittee or a delivery driver are not attributable to the retailer. This substitute bill differs from SB 168 in that it clarifies that § 516 of Title 4 applies to package stores, restaurants, and clubs, and not to hotels, grocery stores, convenience stores, drug stores, tobacco retailers, or cigar stores. This substitute bill also separates a subsection into two parts, addressing curbside sales and deliveries, for purposes of clarity. In addition, this substitute bill provides that a third-party delivery vendor may charge package stores no more than a single, flat rate that is applicable to all package stores that enter into a delivery contract with the third-party delivery vendor—that is, the third-party vendor may not charge a different rate to different stores, or a different rate for different deliveries from the same store. Finally, this substitute bill provides that it takes effect 6 months after its enactment.
This Act removes the Director of Autism Resources ("Autism Resources"), formerly the "Statewide Director of the Delaware Autism Program," as a member of the Interagency Autism Committee ("ICA"). Autism Resources falls under the Department of Education, and changing this member to a representative of the Department lends more flexibility in selecting a member to represent the Department. This Act also removes the Delaware Family Voices member, because Delaware Family Voices now falls under the Parent Information Center, who already has representation on the ICA. In addition, under this Act the ICA or DNEA may make recommendations on the family and self-advocate ICA positions for consideration by the Governor. This Act also updates the appointing authority for ICA members that represent non-governmental entities, because the power of appointment cannot be delegated to an entity which is not a part of the state government. See State ex rel. James v. Schorr, 65 A.2d 810, 812 (Del. 1948). This Act also makes technical changes to make existing law conform with the standards of the Delaware Legislative Drafting Manual.
This Act repeals Subchapter X of Title 11 which established the Delaware Sentencing Accountability Commission (Commission) and recodifies the Commission under Chapter 89A of Title 11. This Act modernizes the Commission’s mission, establishes the membership of the Commission, codifies the Commission’s overall power and authority, and creates a duty for the Commission to provide a data report annually.
This Act extends certain limitations on the publication by law-enforcement of the name and photograph of crime suspects. Currently the Code prohibits the publication of the name and photograph of a juvenile suspect unless the juvenile is charged with a violent felony and the publication is necessary to protect the public’s safety. This Act would prohibit the release or publication of an adult suspect’s name or photograph unless the individual is charged with or suspected of a felony and the release is necessary to protect the public’s safety.
This Act directs the Department of Safety and Homeland Security (DSHS) to develop a Firearm Responsibilities Notice for distribution to gun purchasers to ensure dissemination of important information relating to safe and lawful handling of firearms. It mandates that licensed importers, manufacturers, and dealers cannot sell, transfer, or deliver a firearm to another person without requiring the buyer to review and sign a Firearm Responsibilities Notice. Licensed dealers that provide background checks to facilitate a sale between unlicensed persons are also responsible for providing a copy of the Firearm Responsibilities Notice to the prospective buyer and retaining a copy of the Firearm Responsibilities Notice signed by the prospective buyer. The purpose of the Firearm Responsibilities Notice is to deter straw purchases and other illegal transfer of firearms, to ensure awareness of Delaware’s gun safety laws, and to increase the reporting of lost or stolen firearms. The Firearm Responsibilities Notice is also intended to prevent accidental shootings by providing information on gun safety and available gun safety courses. It is also designed to reduce suicides by providing the national suicide prevention hotline number. This bill requires licensed firearm dealers to securely maintain a record of all signed Firearm Responsibilities Notices. This bill tasks the Department with creating the Firearm Responsibilities Notice, in consultation with the Department of Justice and other stakeholders, posting the Firearm Responsibilities Notice to its website, and providing (free of charge) the Firearm Responsibilities Notice to licensed importers, licensed manufacturers, and licensed dealers in the State. All licensed deadly weapons dealers in this State are mandated to keep and securely store signed Firearm Responsibilities Notices for at least 3 years as part of the records required to be kept and maintained in the place of business at all times. A violation of provisions of Title 24 relating to records or background checks for sales between unlicensed persons is already a misdemeanor, punishable by a maximum fine of $250 or $500 and 6 months imprisonment. This law will expand the scope of those misdemeanors, thus requiring a 2/3 vote. The bill is effective 180 days after enactment. The DSHS is required to conduct outreach to licensed importers, licensed manufacturers, and licensed dealers in Delaware prior to the effective date to make them aware of the new requirements imposed by this Act and provide access to the Firearm Responsibilities Notice as developed by the Department.
This Act is a substitute for Senate Bill No. 196. Like Senate Bill No. 196, this Act requires long-term care facilities to fully disclose ownership information for the facility and disclose ownership information to residents prior to the transfer of ownership of a facility. This Act differs from Senate Bill No. 196 in the following ways: 1. It changes the definition of "facility owner" to align with federal regulations. 2. It modifies the requirements for a long-term care facility to include a list of facility owners on marketing and promotional materials, instead requiring that the list of facility owners be found on the long-term care facility's website, and that any marketing or promotional materials include a statement directing recipients of the materials to the facility's website for a list of owners. 3. It amends the timeline for a long-term care facility to disclose a proposed transfer of ownership to no more than 30 calendar days after receiving approval of required modification of ownership and control paperwork from the Department. 4. It clarifies the requirements of both current and proposed new facility owners in disclosing a transfer of ownership to residents and, if applicable, authorized representatives of residents of the long-term care facility. 5. It modifies the requirement that the disclosure of disciplinary actions against the facility to be limited to those actions resulting from incidents that threatened the health, safety, or welfare of a resident. 6. It removes an explicit statement of the Department's authority to delay or deny the transfer of a license due to previous disciplinary actions. 7. It exempts nonprofit corporations from having to disclose certain information. 8. It explicitly exempts the requirements of this Act from applying to certain actions that began prior to the effective date of this Act.
This Act fosters the humane treatment of animals and prevents animal cruelty by prohibiting retail pet stores from selling dogs or cats. It further authorizes retail pet stores to collaborate with animal shelters and animal rescue organizations to offer space to showcase dogs or cats for adoption. The Office of Animal Welfare will be responsible for enforcing this Act. Retailers will receive a civil penalty of no more than $500 for each prohibited sale. This Act takes effect 6 months after its enactment into law.
House Bill No. 155 provided that State Public Integrity Commission reports be made available to the public on the Commission's website. House Substitute 1 for HB 155 clarified that reports filed with the State Public Integrity Commission, as well as those prepared by it, must be published on the Commission’s website. It also changes the effective date of the Act to January 1 after its enactment into law. House Substitute 2 for HB 155 does all of the same, as well as adds a requirement that public officers annually report in their financial disclosure report to the Public Integrity Commission, which will be published by the Commission, any travel expenses which include transportation, lodging, entertainment, food and beverage, which in aggregate total in excess of $250, paid for by any third party, not including the State. The recipient may rely on representations of value made by the source of the expense payments.
This Act institutes a State nontidal wetlands program to include additional wetlands that are no longer regulated at the federal level. The State wetlands program will cover both tidal and nontidal wetlands, and in that manner fill in gaps in federal jurisdiction under the Clean Water Act and mitigate the uncertainty surrounding the limits to federal jurisdiction and improve efficiencies in the wetland permitting processes. Section 1 of the Act makes a number of changes to Chapter 66 of Title 7 of the Delaware Code: Section 1 adds definitions to § 6603 of Title 7, including for "aquatic habitat functions and services"; "Community Water Access Structure"; "Delaware Wetland Screening Tool," which is a screening tool o be developed in regulations to determine whether an area has the potential to qualify as a wetland; "Exceptional Value Wetlands", which are wetlands that are unique or high functioning, that support flora or fauna that are endangered or threatened, that are located in public water supply Source Water Protection Areas, or located within designated natural areas; "foot bridge"; "linear utility infrastructure projects"; "mitigation"; "normal residential gardening and lawn and landscape maintenance"; "pilings"; "unique wetlands," meaning wetlands that are categorized by the Department of Natural Resources and Environmental Control (DNREC) as Coastal Plain seasonal ponds, inner-dune depression meadows, peatland fens, Piedmont stream valley wetlands, bald cypress swamps, Atlantic white cedar swamps, or black ash seepage swamps; "voluntary wetland habitat restoration project"; and "wetland walkway". In addition, the definition of "wetlands" is revised to include all tidal and nontidal wetlands in the State, and will be further clarified in regulations adopted by DNREC. Section 1 also amends § 6604 of Title 7 to provide that an applicant for a wetlands permit has the burden of proving whether a proposed activity is within tidal or nontidal wetlands. In addition, Section 1 amends § 660 of Title 7, concerning activities that are exempt from permit requirements under Chapter 66 of Title 7. Under the Act, the following activities are exempt: farming, provided certain requirements are met, including that farming or an intent to farm has been conducted on the land in the prior 10 years on a rolling basis; silvicultural activities permitted by the Department of Agriculture; conservation practices on lands that are engaged in programs through certain federal or state governmental agencies; hunting, fishing, trapping, and duck blinds; wildlife nesting structures; mosquito control activities authorized by the DNREC; construction of certain drainage ditches, tax ditches, swales, and other drainage features; artificial ponds and borrow pits; construction of directional aids to navigation; placing of boundary stakes; foot bridges; normal residential gardening and lawn and landscape maintenance. In addition, other activities are conditionally exempt: certain activities that would be allowed under a nationwide permit issued by the United States Army Corps of Engineers; nontidal wetlands equal to or less than a contiguous 0.50 acres, provided certain criteria are met; work performed by a state, county, or municipal government or conservation district, or such an entity's designated contractor, on nontidal wetlands in the Delaware Atlantic Coastal Plains Province with a contributing drainage area of less than 800 acres; maintenance, reconstruction, or retrofitting work performed by or with the assistance of any state, county, or municipal government or conservation district in nontidal wetlands; certain work in agricultural drainage ditches; the creation or maintenance of certain ponds constructed in uplands; and wetland walkways, under certain conditions. Section 1 also amends § 6607 of Title 7, concerning the procedures, regulations, and application fees associated with permit applications. The Act provides that initial regulations promulgated under Chapter 66 will establish the Delaware Wetland Screening Tool. Further, in addition to the regulations the Secretary of DNREC is already directed to adopt, the Secretary is instructed to adopt regulations affording additional protections to Exceptional Value Wetlands; reducing duplication with the permitting requirements of the U.S. Army Corps of Engineers; improving the State's ability to account for impacts from wetlands permitting actions; promulgating mitigation strategies to facilitate no overall net loss in wetland acreage and function and to protect the State's resilience to the impacts of climate change; and establishing general permits for common and environmentally beneficial activities with minimal environmental impact. Section 1 further amends § 6607 concerning the timeline for DNREC issuing a decision regarding a permit application Section 1 creates a new § 6621, establishing the Wetlands Regulatory Advisory Committee. The Committee is directed to assist DNREC in developing the initial regulations required under Chapter 66 of Title 7 and to evaluate the permitting processes for activities regulated by state and federal agencies. The Committee is to be made up of 23 members, including the County Administrator or County Executive, or the County Administrator's or County Executive's designee; representatives from the Delaware Farm Bureau, the conservation districts, various environmental advocacy groups, an environmental justice organization, the Home Builders Association of Delaware, the Delaware Association of Realtors, the American Council of Engineering Companies of Delaware, the Delmarva Chicken Association, a general business group, a private wetlands consultant certified by the Society of Wetlands Scientists, and members from higher education institutions with specialization in wetlands science, agricultural economics, and with knowledge of forestry or soil conservation. The Committee is directed to review DNREC's implementation of the initial regulations required by Chapter 66 and provide a final report recommending legislative or regulatory improvements. Section 2 of the Act deletes Chapter 66A of Title 7 of the Delaware Code, "Nontidal Wetland Standards," which had created a Wetlands Advisory Committee to assist the Secretary of the Department of Natural Resources and Environmental Control in developing wetland protection priorities for the State and identifying a comprehensive approach for improving nontidal wetland conservation, restoration, and education to recommend to the General Assembly, and to evaluate the permitting process for activities regulated by state and federal agencies. Section 3 of the Act provides that activities in private nontidal subaqueous lands authorized under a nationwide permit issued by the U.S. Army Corps of Engineers and in effect in the state are exempt from any requirements under Chapter 72 of Titel 7 of the Delaware Code, if a water quality certification has been received from the Department of Natural Resources and Environmental Control, where necessary. Section 4 of the Act provides that §§ 6621 and 6622 of Section 1 of the Act, and Section 2 of the Act, are effective upon enactment; Section 3 of the Act is effective 60 days after enactment; and the remaining provisions of the Act are effective upon the adoption of initial regulations by the Department of Natural Resources and Environmental Control.
This Act is a Substitute for Senate Bill No. 13. Like Senate Bill No. 13, this Substitute Act amends Title 16 and Title 6 of the Delaware Code relating to hospital charity care and financial assistance and does the following: (1) Section 1 of the Act amends § 9311 of Title 16 to exempt certain hospitals from the existing charity care requirement and require these hospitals to comply with the new financial assistance requirements under Section 2 of this Act. A hospital that provides exclusively psychiatric services, rehabilitative services, or long-term acute care services remains subject to the charity care requirement. (2) Section 2 of the Act creates a new Subchapter VII of Chapter 99 of Title 16, §§ 9961 through 9966, establishing minimum financial assistance standards for hospitals and facility-based providers. The subchapter requires full financial assistance for Delaware residents with household income at or below 300% of the federal poverty level, a 75% discount above 300% and at or below 350%, and a 50% discount above 350% and at or below 400%, and requires each hospital to maintain a medical hardship policy providing a 50% minimum discount with an income ceiling of at least 500% of the federal poverty level. Eligibility determinations are valid for at least 1 year, transfer among hospitals and facility-based providers, and suspend collection activity while an application or appeal is pending. Hospitals must provide notice in languages spoken by more than 5% of the hospital's service area, screen patients for financial assistance, report annually to the Diamond State Hospital Cost Review Board (“Board”), and publish a financial assistance policy addressing presumptive eligibility, the application process, Medicaid coordination, and patient refunds. The Board administers the subchapter and conducts compliance reviews, the Division of Health Care Quality may take licensure action on a finding of noncompliance, and the obligations run with the hospital license. (3) Section 3 of the Act amends § 2505J of Title 6 to prohibit a medical creditor or medical debt collector from taking extraordinary collection action against a patient who qualifies, or whom the creditor has reason to know likely qualifies, for financial assistance. (4) Section 4 of the Act amends § 2508J of Title 6 to restrict collection communications, litigation, and debt referrals or sales by a medical creditor or medical debt collector that knows or should know that a patient’s financial assistance application or appeal is pending. (5) Section 5 of the Act amends § 2511J of Title 6 to make noncompliance with the new subchapter, or a patient’s eligibility for financial assistance, a complete defense in a civil action to collect medical debt, and to bar entry of a default judgment in any such action without an affidavit from a responsible officer of the hospital attesting that the patient was offered financial assistance screening. (6) Section 6 of the Act provides that the minimum financial assistance standards under § 9962(a) and (b) of Title 16 take effect on January 1, 2027, and that all other provisions take effect on the earlier of notice by the Diamond State Hospital Cost Review Board, published in the Register of Regulations, that final implementing regulations have been adopted, or July 1, 2027. This Substitute Act differs from Senate Bill No. 13 as follows: (1) Alphabetizes definitions in Section 2 of this Substitute Act and makes other technical corrections throughout this Substitute Act. (2) Clarifies that hospital services do not include services provided by a facility-based provider at a location that is not the hospital, an off-campus location operated under the hospital's license or Medicare provider agreement, or a freestanding emergency department affiliated with the hospital. (3) Makes clear that financial assistance is available to a patient for the patient responsibility portion. (4) Makes clear that a hospital or facility-based provider may bill a financially qualified patient’s insurance for hospital services. (5) Requires that a hospital that issues a written eligibility notice include with the notice supporting documentation provided by the patient. (6) Provides that written notice must be in print or electronic form, as determined by the patient. (7) Provides that a patient seeking financial assistance or medical hardship must apply for financial assistance. (8) Specifies that the Diamond State Hospital Cost Review Board must develop regulations related to the requirement that a recipient of financial assistance must be a Delaware resident. (9) Moves the Division of Health Care Quality’s power to impose civil monetary penalties for the violation of Subchapter VII of Chapter 99 of Title 16 into § 9965 of Title 16 (within Subchapter VII of Chapter 99 of Title 16) rather than adding it to § 1007 of Title 16. As a result, the amendment to § 1007 of Title 16 contained in Section 3 of Senate Bill No. 13 is removed from this Substitute Act. The Division’s power is the same power the Department of Health and Social Services has under Chapter 10 of Title 16.
