Sen. Ray Seigfried

This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right that may not be denied or abridged on the basis of gender or any basis protected under Art. 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex. Under this Act, all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses. This Act also clarifies that the right to marry does not infringe upon the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution. Like Senate Substitute No. 1 for Senate Bill No. 100, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 by explicitly connecting the right to marry with the equality of rights provided under Art. 1, § 21 of the Delaware Constitution on the basis of race, color, national origin, or sex. In addition, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 as follows: • Clarifies that the right to marry applies to marriages that are legally valid under the laws of this State. • Clarifies that treating all legally valid marriages equally means that all laws of this State that are applicable to marriage, married spouses, or the children of married spouses apply equally to marriages that are legally valid under the laws of this State. • Removes the need for gender-specific provisions by including gender in the first sentence. • Revises the language clarifying that the right to marry does not infringe on the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution to apply to the entire section and to remove the example. 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 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.

This Act establishes 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.

Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report. This Act takes effect 180 days after its enactment.

This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract. A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations. The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.

This Act establishes the Delaware African American Heritage and Culture Commission (“Commission”). The Commission is tasked with being a statewide resource dedicated to preserving and sharing Delaware's African American culture and heritage.

This Act is a substitute for Senate Bill No. 319 and makes all of the following changes: 1. Changes the definition of “hormone replacement therapy” to clarify that hormone replacement therapy must be approved by the United States Food and Drug and Administration. 2. Removes pellet medication from the definition of “hormone replacement therapy” because it is not currently approved by the United States Food and Drug and Administration for treating menopause or perimenopause. 3. Makes technical corrections. Like Senate Bill No. 319, this substitute requires individual health insurance plans, group and blanket health insurance plans, the state employee health plan, and state Medicaid insurance to cover medically necessary diagnostic services and treatment for menopause, perimenopause, and symptoms of menopause or perimenopause, including all of the following: 1. Consultation and diagnostic testing. 2. Hormonal therapies, including hormone replacement therapy and bioidentical hormone treatments, that are approved by the United States Food and Drug Administration. 3. Non-hormonal treatments, including selective serotonin reuptake inhibitors, serotonin-norepinephrine reuptake inhibitors, neurokinin B antagonists, and other medications to manage menopause symptoms. 4. All drugs, devices, and combination products approved by the United States Food and Drug Administration for the treatment of menopause and perimenopause symptoms. 5. Therapy to treat menopause induced by a hysterectomy. 6. Behavioral health care services. 7. Pelvic floor physical therapy. 8. Bone health treatments due to hormonal changes related to menopause and perimenopause, including screenings and medications. 9. Preventative services for early detection and treatment of health conditions related to menopause and perimenopause, including osteoporosis and cancer. 10. Counseling and education regarding menopause management. Additionally, an insurer or carrier must provide clear and accessible information about covered diagnostic services and treatment for menopause, perimenopause, and menopause and perimenopause symptoms to each covered individual or Medicaid recipient. Menopause and perimenopause diagnostic and treatment benefits or assistance must be provided to the same extent as benefits or assistance for other medical conditions, but coverage for medically necessary hormone replacement therapy provided under this Act may not be any of the following, except as otherwise provided by federal Medicaid law: 1. Denied or limited, if the use of the hormone replacement therapy is supported by national clinical guidelines, national standards of care, or peer-reviewed medical literature for the treatment of menopause, perimenopause, or menopause and perimenopause symptoms. 2. Subject to prior authorization or step therapy requirements. The Act provides a religious exemption for group and blanket health policies. If the coverage requirement conflicts with a religious employer’s bona fide religious beliefs or practices, the religious employer may request a coverage exclusion for the coverage required under Section 2 of this Act and an insurer shall grant the exclusion. A religious employer who is granted an exclusion must give its employees reasonable and timely notice of the exclusion. This Act applies to all policies, contracts, or certificates that are issued, renewed, modified, altered, amended, or reissued after December 31, 2027.

This Act amends Chapter 12B of Title 6 relating to Computer Security Breaches to clarify when businesses must provide notice of a computer security breach to the Attorney General.

This Act permits the State to bury or cremate an unclaimed body or remains of an indigent individual without requiring written consent of the next of kin or other legally responsible party. This statutory change will reduce costs, conserve cemetery space, and reduce environmental impacts by limiting formaldehyde exposure in the soil.

This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.

This Act directs the Division of Consumer Protection to establish a Home Improvement Dispute Resolution process through which a person who purchases home improvement services or materials from a contractor can initiate a dispute resolution process with the assistance of the Division. To be eligible for the dispute resolution process, the buyer must first send the contractor a written request to resolve the dispute and allow the contractor 20 days to respond. If the dispute is not resolved or the contractor fails to respond, the buyer may submit an application to the Division for assistance. Upon receiving notice from the Division that the buyer has initiated the dispute resolution process, a contractor must participate in good faith in the process. If the contractor fails to respond to the notice or fails to participate in good faith, it is deemed a violation of the Consumer Fraud Act and a notice will also be sent to the Department of Labor. A contractor who fails to participate in good faith in the dispute resolution process may also have their certificate of registration denied, suspended, or revoked. This Act also establishes that a buyer who initiates a civil action for damages incurred as a result of a violation of the Consumer Fraud Act related to a home improvement contract may be awarded actual damages, court costs, and reasonable attorneys fees. A buyer who initiates a civil action may also obtain up to treble damages if the buyer completed the steps to be eligible for the dispute resolution process, if the buyer made an offer of settlement at least 10 days prior to filing the civil suit and the contractor rejected the offer, if the offer was for less than the buyer is ultimately awarded by the court, and if the court holds that the contractor’s violation was wilful. This Act takes effect immediately and is to be implemented 6 months from the date of enactment.