Sen. Kyra Hoffner

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.

Under Title 29, Section 5805, no state employee, no state officer, and no private enterprise in which a state employee or state officer has a legal or equitable ownership of more than 10% (more than 1% in the case of a corporation whose stock is regularly traded on an established securities market) shall enter into any contract with the State (other than an employment contract) unless such contract was made or let after public notice and competitive bidding. However, the notice and bidding requirements do not apply to contracts involving $2,000 per year or less, provided that the terms of such contract reflect arms’ length negotiations. The exemption for contracts involving $2,000 per year or less went into effect in 1991 and has not been raised since. This act raises the exemption from $2,000 to $5,000 to take into account the effects of inflation. This act also deletes language in Section 5805(c) that is out-of-date.

This Act creates the Delaware Wrongful Conviction Compensation and Service Act. The Act provides compensation and reintegration services to individuals who have served sentences of incarceration, wrongful incarceration in a psychiatric institution, parole, probation, and sex offender registration in the State for crimes that they did not commit. An individual claiming wrongful conviction or, if deceased, that individual's heirs, may bring a petition for compensation in Delaware Superior Court. A petitioner who makes the required showing is entitled to damages based on the type and period of wrongful incarceration, probation, parole, or registration, and other amounts, such as reasonable attorney fees in obtaining relief, subject to requirements of proof. However, a petitioner is not entitled to such compensation if the Department of Justice establishes that the petitioner was an accomplice in the commission of the crime or that the petitioner intentionally and voluntarily caused the conviction at issue by committing perjury or fabricating evidence at trial in order to prevent the conviction of the true perpetrator. In addition, an individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction is entitled to emergency assistance and services. Senate Substitute 3 for SB 169 differs from SS 2 for SB 169 in that it provides that a petitioner who served time in a psychiatric institution is eligible to apply for relief. Senate Substitute 3 for SB 169 also provides that in all cases, in order to be compensated, a petitioner must establish by a preponderance of the evidence that the petitioner did not commit the crime that resulted in the conviction or that there was no crime committed. This provision differs from Senate Substitute 2, which required this showing only for a petitioner who entered a Robinson plea or entered a plea of no contest. In addition, Senate Substitute 3 for SB 169 provides that persons who were pardoned are not eligible for post-release services under the Act. Finally, Senate Substitute 3 for SB 169 provides that any award under the Act must be offset by any amounts the petitioner has recovered in a civil action or settlement of a civil action for wrongful conviction or imprisonment. If, after receiving an award under the Act, a petitioner subsequently recovers in such a civil action or settlement, the petitioner must reimburse the State to the extent of the amounts awarded in the civil action or settlement of the civil action.

Maddy summaryThis bill designates the week of September 22-29, 2024, as "Frontotemporal Degeneration Awareness Week" throughout the state of Delaware. The resolution aims to increase public knowledge about frontotemporal degeneration, a rare and incurable brain disease that affects behavior, speech, and movement, often leading to delayed diagnoses. By officially recognizing this specific time period, the state encourages community engagement and support for those living with the condition and their families.

This Act codifies rights afforded to persons with disabilities that are under guardianships pursuant to Chapters 39 and 39A in Title 12 of the Delaware Code. This Act also grants persons with disabilities the ability to motion the Court of Chancery for equitable relief for any violations of these rights.

This resolution requests the Division of Medicaid and Medical Assistance to study and issue a report assessing the home care industry in Delaware. The DMMA is requested to use specified home care codes for their report and conduct various analyses. The DMMA is requested to make their report available for the public.

This Concurrent Resolution designates May 27, 2024, as “Brain Cancer Awareness Day” in the State of Delaware. “Brain Cancer Awareness Day” brings attention to the experiences of individuals affected by brain cancer and empowers them to share their stories, which helps overcome stigmas, corrects misconceptions, fosters a supportive community for patients and their families, and helps patients and caregivers to navigate their journey with greater knowledge and support by sharing resources, support networks, and information about available services. “Brain Cancer Awareness Day” is critical to educating the public about brain cancer and to supporting research funding for effective brain cancer treatments including targeted therapies, immunotherapies, and ultimately a cure.

This Act updates the 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.

This Concurrent Resolution proclaims May 16, 2024, as "Home Care Advocacy Day" in Delaware to recognize the dedication and hard work of caregivers, to emphasize the critical importance of access to quality home care services for Delaware’s aging residents to live independently and age with dignity, and to advocate for policies and resources that support the delivery of high-quality, person-centered care in the home setting.

The Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County.