Sen. Darius Brown

This Act clarifies that security film is distinct from ballistic-resistant materials, and adds that school construction will satisfy the requirements of § 2306(b) if ballistic-resistant materials are used in the required locations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act safeguards elections in this State by strengthening fairness and impartiality in both the conduct of elections and the enforcement of election laws. Election protections are strengthened because this Act updates Title 15 so that the terms and procedures reflect modern vocabulary, technology, and best practices. Most of the revisions in this Act are technical, clarifications, or conform existing law to current practices in regard to determining an individual’s place of residence, requirements for electronic voting system software, performing audits of election results, and adjudicating or curing deficient absentee ballots. Section 1 revises the terms and definitions for Title 15 as follows: • Repeals obsolete terms. • Revises current terms and definitions to accurately reflect the organization of the Department of Elections (Department), the use of electronic voting systems, and conform to drafting standards. • Adds additional defined terms that are already used in Title 15, to provide consistency and clarity in this State’s election laws. Section 1 also codifies how the Department determines residency for purposes of registering to vote and to be a candidate for office in a new § 103 of Title 15. This new section provides that an individual’s place of residence is fixed and is a place that the individual physically inhabits and requires that residence be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. This section specifically provides for all the following: • An individual’s place of residence when the individual’s sleeping area or place of habitation is not a traditional residence associated with real property. • An individual does not lose their place of residence if the individual intends to return after an absence, such as for education, military service, incarceration, or obtaining or providing medical care. • If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facia evidence of a change in residence. • An individual’s residence changes and the individual forms a new residence if the individual inhabits a new location with the intent to remain there indefinitely, registers to vote based on residence at a new location, or votes based on residence at a new location. • How a dispute regarding an individual’s place of residence is determined and appealed. Section 2 updates the requirements for electronic voting systems to incorporate best practices and increase the clarity of these requirements. The increased clarity provides transparency regarding both the Department’s compliance with these requirements and the accuracy of election results. The current requirements were enacted in 2019 (82 Del. Laws, c. 170) to provide a framework to use when the current electronic voting devices were first acquired. These voting devices have now been used in several election cycles so the requirements can be updated to reflect that experience and the ongoing improvements to voting technology. Specifically, these updates: • Transfers Chapter 50A of Title 15 to Chapter 50 of Title 15. • Provide for the designation of the software, which includes the version of that software, that must be installed on voting devices before each statewide general election. • Expands the criteria that must be considered when designating the software that must be used on voting devices, including the experiences of other jurisdictions that have already used the software. The expanded criteria also provides certainty and stability instead of relying on the continued existence of a federal certifying entity. • Requires that no later than July 1 of an odd numbered calendar year, the State Election Commissioner (Commissioner) must designate the software required for the next statewide general election and that this software can be used for elections held during the next 2 years. • Explicitly allows the Commissioner to change the designated version of voting device software if necessary to address a material security flaw in the previously designated software. • Transfers the requirements under § 4508 of Title 15 to § 5010(a)(1)b. of Title 15. • Consolidates notice requirements under § 5010 of Title 15 for when voting devices will be tested and repeals language about party designees that is obsolete because this testing is open to the public. • Revises current law that is confusing or imprecise, including dividing the current audit section into 4 sections. The first audit section, § 5014, provides the audit requirements that are applicable to all audits of elections results (audits). The following 3 sections provide the requirements for audits after elections for specific offices: § 5015 applies to state or county offices, § 5016 applies to City of Wilmington offices, and § 5017 applies to school district elections. • Repeals provisions that unnecessarily repeat requirements in other sections. Section 3 updates § 4972(b) of Title 15 to align with the use of modern scanning devices, to reflect that absentee ballots are the only hand-marked paper ballots that are used in all elections, and to use the updated defined terms in Section 1 of this Act. Section 3 also codifies the current procedure used to adjudicate votes on an absentee ballot if the ballot scanning device is unable to determine the voter’s intent and connects the rules under § 4972(b) with the procedures for tabulating absentee ballots under § 5510 of Title 15. Section 4 revises Chapter 55 of Title 15 to codify the procedures the Department currently follows under Regulation 200 of Title 15 of the Delaware Administrative Code when an absentee ballot is deficient. This procedure requires that the Department indicate on the ballot envelope that the ballot is deficient and to offer the voter an opportunity to cure certain deficiencies before the polls close on the day of the election, allowing the ballot to be counted. Section 4 also revises § 5510(d)(1)b. by adding a reference to the rules for adjudicating absentee ballots under § 4972(b) of Title 15. Sections 5 through 9 of this Act make corresponding changes to other sections in Title 15 to align with the revisions made under Sections 1 and 2 of this Act and modern election practices. Specifically, Section 5 makes corresponding changes to the defined terms regarding candidate residency in § 3114 of Title 15 to align with the revisions under Section 1 of this Act. Section 6 repeals the sentence in § 4508 of Title 15 because it is transferred to § 5010(a)(1)b. of Title 15. Section 7 aligns the language regarding an individual voter’s place of residence in § 4941 of Title 15 with the revisions under Section 1 of this Act. Section 8 revises § 4948 of Title 15, regarding provisional ballots, as follows: • Makes corresponding changes to the defined terms to align with the revisions in Section 1 of this Act. • Makes technical changes to be consistent with existing law, such as clarifying where a different procedure is followed for primary elections and repealing confusing language. • Repeals the requirement that provisional ballots are required when a court orders a polling place to be kept open beyond the normal time for closing so that people voting under that court order can vote for all offices on the ballot. Section 9 revises § 4980 of Title 15 to reference the transferred and revised audit requirements in Chapter 50 of Title 15. Finally, all Sections of this Act include technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act adds minor league baseball players to the existing exemptions from state minimum wage and recordkeeping standards. After minor league players formed a union in 2022, minor league players represented by the Major League Baseball Players Association (MLBPA) signed their first collective bargaining agreement with Major League Baseball (MLB) in 2023. This exemption actualizes that existing collective bargaining agreement between the players union and MLB.

This Act is the first leg of a constitutional amendment to hold a special election when there is a vacancy in the office of Lieutenant Governor, unless that vacancy occurs between July 1 of the year in which the Lieutenant Governor is chosen and the date the Lieutenant Governor’s term begins. This Act is modeled after the process of holding a special election for a vacancy for a member of the General Assembly. As with special elections for the General Assembly, the details of the special election process for the Lieutenant Governor will be made part of Title 15 by separate legislation introduced along with the second leg of this constitutional amendment in the 154th General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill directly responds to New Castle County Council Resolution 26-018 by expressly authorizing New Castle County Council to establish a right of tenure for New Castle County’s Assistant County Attorneys and other professional legal staff by ordinance. Like the similar rights granted to the employees of the State of Delaware Department of Justice and the City of Wilmington’s legal staff, these rights will serve to promote recruitment and retention of high-quality legal professionals, promote continuity of legal services, and further the public’s interest in the provision of independent legal advice.

This Act amends Title 23 of the Delaware Code to increase the maximum draft limit applicable to sixth class pilots from 27 feet to 29 feet, enabling the safe pilotage of deeper-draft vessels and aligning pilotage standards with modern shipping practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Concurrent Resolution urges the Delaware Department of Human Resources to develop a statewide educational strategy on menopause to support public and private organizations and to improve understanding of menopause’s impact on Delaware’s workforce. This report is due no later than June 30, 2027.

Maddy summaryThis bill designates September 2026 as "Veterans Suicide Prevention Month" in Delaware to raise awareness about veteran mental health. It is a symbolic resolution that does not create new laws, assign funding, or change existing policies. The measure was passed by both the Senate and the House to formally acknowledge the issue during that specific month.

The Health Care Professional Access Act requires carriers to participate in uniform processes with specific timetables to create speed-to-market for health care professionals. Currently, health care professionals may be employed for 6 months or more with no ability to collect insurer reimbursement due to lengthy carrier credentialing process. Ensuring uniformity across carriers, as well as relevant procedural standards, will help attract and retain health care professionals in our state, enable movement between practices and the creation of new ones, and ensure nondiscrimination in credentialing decisions. Under this Act, credentialing processes are limited to 45 days. This Act additionally provides for provisional credentialing, whereby reimbursement ability is provided even more quickly for certain health care professionals, including FQHCs, and in designated shortage areas which currently include mental health professionals statewide and primary and dental care in Kent and Sussex Counties, or is offered if timelines are not met. Oversight of compliance with this Act falls to the applicable regulatory agency. The Act also ensures specific processes and health care professional rights during a carrier’s intent to terminate a credential. More than 30 states have credentialing standards in law, with additional jurisdictions considering relevant legislation. Components of this legislation are derived from the National Association of Insurance Commissioners’ Health Care Professional Credentialing Verification Model Act. This substitute differs from the original in that it does the following: - Clarifies that it applies to those carriers that require credentialing and does not require carriers to create a credentialing process if they do not already do so; - Clarifies the process for credentialing of health care professionals whose primary or home state is not Delaware and prefer to use the credentialing process in their primary or home state; - Allows a carrier to require earlier recredentialing to address activity that could disqualify a health care professional from credentialing; - Allows for certain electronic delivery of recredentialing notices; - Simplifies the language for the basis to deny, suspend, nonrenew, or terminate a health care professional’s to align with NCQA standards; - Clarifies that the penalties and remedies in this Act are in addition to those already otherwise available; and - Makes technical changes to information about CAQH.

This Act does all of the following: (1) Establishes a regulatory framework for substance use harm reduction programs that provides immunities for program providers and staff. (2) Modifies the definition of drug paraphernalia. (3) Decriminalizes possession of paraphernalia for individuals who use drugs, while retaining prohibitions for paraphernalia used in the manufacturing or distribution of drugs and the selling of certain drug paraphernalia. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.