This Act prohibits the Department of Corrections from entering into contracts with any for-profit entity for the use of inmate labor. This Act does not apply to § 6533 of Title 11 relating to outside employment and work release.
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 continues the practice of amending periodically the Delaware Statutory Trust Act (the “Statutory Trust Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the Statutory Trust Act: Section 1 adds a new § 3802(d) to the Statutory Trust Act to clarify that a subscription for a beneficial interest may be irrevocable if the subscription states it is irrevocable to the extent provided by the terms of the subscription. Section 2 amends § 3803(c) of the Statutory Trust Act to provide that advisers, as defined in § 3313 of Title 12 of the Delaware Code, shall receive the same liability protections as officers, employees, managers and other persons acting pursuant to § 3806(b)(7) or § 3806(i) of the Statutory Trust Act. Section 3 amends § 3805 of the Statutory Trust Act to include the word “statutory” before the word “trust” in the heading. Section 4 amends § 3806(b) of the Statutory Trust Act, which relates to the provisions that may be included in a governing instrument, to clarify that the limitation on those provisions is that they cannot be contrary to any provision or requirement of the Statutory Trust Act and not just to Subchapter I thereof. Section 4 also amends § 3806(b)(9) of the Statutory Trust Act to confirm that a governing instrument may be amended in connection with a division of a statutory trust as specifically contemplated by § 3825(f) of the Statutory Trust Act. Section 5 amends § 3806(o) of the Statutory Trust Act to provide that § 3806(o) applies to ratification or waiver of a void or voidable act or transaction by any trustee, beneficial owner or other person in respect of a statutory trust, in addition to acts or transactions by a statutory trust. This Section also amends § 3806(o) to provide that ratification or waiver pursuant to § 3806(o) may be express or implied, including by the statements, action, inaction, or acquiescence of or by trustees, beneficial owners or other persons. Further, this Section amends § 3806(o) to clarify that in a circumstance in which § 3806(o) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 3806(o) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 3806(o), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 6 amends § 3807 of the Statutory Trust Act, which addresses certain duties of a registered agent of a statutory trust. Amended § 3807 specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 3807 defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 7 amends § 3808(c) of the Statutory Trust Act to confirm and clarify certain of the mechanisms for revoking dissolution of a statutory trust. Specifically, this Section amends § 3808(c) to confirm and clarify that the references to “other persons” in § 3808(c)(1) and (2) are references to other persons whose approval is required for such dissolution of the statutory trust pursuant to the governing instrument. Section 8 amends § 3808(f) of the Statutory Trust Act. Currently, § 3808(c) of the Statutory Trust Act permits revocation of dissolution of a statutory trust prior to the filing of a certificate of cancellation of the certificate of trust in the office of the Secretary of State; however, the Statutory Trust Act does not currently address revocation of dissolution of a series prior to the completion of the winding up of the series. This amendment adds new language to permit revocation of dissolution of a series prior to the completion of the winding up of the series. Section 9 amends § 3809 of the Statutory Trust Act, which relates to the application of Delaware trust law, to clarify that those laws are applicable to statutory trusts except to the extent otherwise provided in the governing instrument of a statutory trust or to the extent otherwise provided in the Statutory Trust Act and not just in Subchapter I thereof. Section 10 amends § 3810(d) and (e) of the Statutory Trust Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 10 also amends § 3810 of the Statutory Trust Act to include the word “statutory” before the word “trust” in §3810(d) and to clarify that § 3810 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 11 and Section 12 amend § 3812 of the Statutory Trust Act, which relates to filing of certificates, to clarify that § 3812 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 13 amends § 3813(a)(3) of the Statutory Trust Act, which relates to the payment of certain fees, to clarify that § 3813(a)(3) applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 14 amends § 3815(b)(4) of the Statutory Trust Act to permit a certificate of merger to state any amendments to the certificate of trust of a surviving domestic statutory trust in a merger as are desired to be effected by the merger. This Section also amends § 3815(b)(5) of the Statutory Trust Act to provide that a certificate of trust must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic statutory trust. Section 15 amends § 3825(h) of the Statutory Trust Act. Currently, among other requirements, a certificate of division must state the name and business address of the division contact and the name and address of the division trust where the plan of division is on file. Because this information may change over time, this amendment permits or requires the filing of a certificate of amendment of certificate of division to amend the name or business address of the division contact or the name and address of the division trust where the plan of division is on file. The requirement to update such information in a certificate of division ends after the expiration of a period of 6 years following the effective date of the division. Section 16 amends § 3825(l)(1) of the Statutory Trust Act to clarify that pursuant to a division, a dividing trust is divided into distinct and independent division trusts as such term is used in the Statutory Trust Act. Section 16 also amends § 3825(l)(9) of the Statutory Trust Act. Currently, under § 3825 of the Statutory Trust Act, a dividing trust does not need to survive a division. This amendment confirms that a dividing trust need not be a surviving trust. Section 17 amends § 3852(a)(1)e. of the Statutory Trust Act to include the words “foreign statutory” before the word “trust”. Section 18 amends § 3881(c) of the Statutory Trust Act to confirm that the definition of “associate” of a person includes any investment fund or other collective investment vehicle or separate account managed or advised by the person specified. Section 19 amends § 3881(d)(1) of the Statutory Trust Act to reflect that beneficial interests are not control beneficial interests until after a control beneficial interest acquisition. This Section also amends §3881(d)(2) of the Statutory Trust Act to replace the words “target shares” with the words “beneficial interests” and to replace the words “target party” with the words “statutory trust which is not the surviving or resulting person”. Section 20 amends § 3881(e)(2) of the Statutory Trust Act to clarify that reductions in the outstanding beneficial interests of a statutory trust for any reason can cause beneficial interests that previously were not control beneficial interests to become control beneficial interests. This Section also amends § 3881(e)(2) of the Statutory Trust Act to confirm that, except as provided in § 3881(e)(2)a. and §3881(e)(2)b. of the Statutory Trust Act, beneficial interests in the range of voting power below ten percent of all voting power are not control beneficial interests. Section 21 amends § 3881(f) of the Statutory Trust Act to delete redundant language. Section 22 amends § 3882 of the Statutory Trust Act to clarify that approvals and exemptions, unless otherwise explicitly provided, cover all of the beneficial interests acquired at any time within the range of voting power to which such approval or exemption applies. This amendment also removes the requirement that beneficial interests acquired within 90 days or acquired in a series of related transactions be considered acquired in the same acquisition. Section 23 amends § 3883(b) of the Statutory Trust Act to confirm that approvals and exemptions of beneficial interests from Subchapter III of the Statutory Trust Act can occur before, at the time of, or after the acquisition of such beneficial interests. Section 24 amends § 3888 of the Statutory Trust Act to expand the categories of information that a holder of beneficial interests or an associate of such a holder must disclose to the trustees in connection with determinations by the trustees relating to control beneficial interests and control beneficial interest acquisitions and authorizes the trustees to adopt procedures that the trustees reasonably believe are necessary or desirable to determine whether and how many control beneficial interests will be or have been voted in violation of Subchapter III of the Statutory Trust Act. Section 25 provides that the proposed amendments to the Statutory Trust Act take effect on August 1, 2026.
This Act makes various changes related to Juvenile Probation and Parole Officers employed by the Department of Services for Children, Youth, and Their Families (DSCYF) in the Division of Youth Rehabilitative Services’ Serious Juvenile Offender (SJO) Unit. Juvenile Probation and Parole Officers in the SJO Unit are specialized staff who are responsible for monitoring the highest-risk youth. Unlike the majority of the Division’s Community Services staff monitoring youth on pretrial supervision or aftercare, the officers in the SJO Unit are sworn law enforcement officers authorized to carry a firearm and enforce warrants. This Act does not change the existing powers and duties of DSCYF Juvenile Probation and Parole Officers, but instead updates Delaware Code to align with their position classification. This Act adds Juvenile Probation and Parole Officers employed by DSCYF to the Police Officers’ and Firefighters’ Employment Relations Act (POFERA). This will allow the officers in the SJO Unit to seek union representation under the Fraternal Order of Police like the Department of Correction’s Probation and Parole Officers, the DSCYF Juvenile Probation and Parole Officers’ closest state agency counterparts. This Act also adds DSCYF employees to the existing statute that enables Department of Correction employees to receive a service pension after 25 years if they internally promote after 20 years of credited service. This Act also changes references throughout Delaware Code to be consistent with the position classification name and makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.
New Castle County's Human Resources Advisory Board is responsible for making recommendations to the Chief Human Resources Officer, the County Executive, and County Council on ways to improve human resources administration in County government. This Act increases Board membership from 3 to 7 members and reduces members' terms from 6 to 4 years. The Board will tangibly benefit from these changes, which will bring with them alternative views and will lead to a healthy challenge and improvement to existing policies and processes. This Act also provides that a member who is serving when this Act is enacted may complete the member's 6-year term, and the member's successor and each successor thereafter will serve the 4-year term provided under this Act. Finally, this Act makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act strengthens procedural protections for pharmacies, pharmacists, and consumers related to regulation of a pharmacy benefits manager by doing all of the following: Adds definitions for the terms “chronic or long-term condition”, “net amount”, “purchaser”, “recoupment”, “similarly situated contracted pharmacy”, and “wholesale invoice audit.” Applies audit notice requirements uniformly and ensures access to an appropriate point of contact. Requires a pharmacy benefits manager to provide a list of records that the auditing entity seeks to audit at least 5 business days before an audit. Limits activities to once every 12 months and sets standards for wholesale invoice audits. Ensures audit costs are borne solely by the pharmacy benefits manager. Clarifies that a pharmacy can appeal the amount of any reimbursement and that a contracted pharmacy’s representative can take actions and receive notices related to appeals on behalf of a pharmacy. Extends pharmacies’ ability to appeal from 10 days to 40 days to account for entities that complete retroactive billing. When an appeal is denied, requires the parties to provide a detailed reason for the denial and specific information about how the pharmacy can appeal the denial to the Department of Insurance. Prohibits retaliation by a pharmacy benefits manager when a pharmacist or pharmacy discloses information to a government agency or during a proceeding if the person who disclosed the information had reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law. Requires that a pharmacy benefits manager must provide at least 60 days’ notice before amending a contract with a pharmacy or pharmacist. Clarifies that the prohibition against spread pricing applies to all purchasers contracting with pharmacy benefits managers. Changes the reporting requirements for rebates so that pharmacy benefits managers must file the required reports annually instead of quarterly. This change will reduce the amount of incorrect or unclear reporting because rebates are aggregated and reported at the end of the period of time under each contract. Amends national drug acquisition cost compliance to refer to the date of service. Prohibits pharmacy benefit managers from unit-of-use requirements inconsistent with smallest package size availability and manufacturer recommendations. Requires that pharmacy benefit managers may not require pharmacies to dispense therapeutically equivalent or alternative drugs that cost the enrollee more out of pocket than the prescribed drug except for medical reasons. Ensures that enrollee-identifiable or prescriber-identifiable information is not transferred to or shared with affiliated pharmacies for any commercial purpose other than those defined. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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.
Senate Substitute No. 1 for Senate Bill 208 differs from Senate Bill No. 208 in the following 9 ways: 1. Makes technical corrections, including changing § 3508A and § 3509A to § 3508B and § 3509B to avoid confusion with existing code sections in Chapter 35A of Title 24 of the Code, correcting the title for § 3509 and § 3509B, and making changes to use consistent language and structure. 2. Adds cognitive rehabilitation to the list of evidence-based therapeutic interventions under the practice of psychology. 3. Adds cognitive therapy to the list of therapies that are included as examples of evidence-based interventions. 4. Replaces "organic brain syndromes" with the modern term " brain-based disorders". 5. Adds programs accredited by the Canadian Psychological Association to the list of degree programs that are accepted by the Board of Examiners of Psychologists (Board) for licensure or registration under Chapter 35 of Title 24 of the Code. This makes it easier for individuals from Canada to be licensed or registered under Chapter 35 of Title 24 of the Code. 6. Removes from the qualifications of applicants for licensure as a licensed psychology associate the requirement that a master’s degree must be from a program with a minimum of 60 graduate semester hours, because the qualifications of applicants for licensure as a psychologist do not include a required number of semester hours for doctoral degree programs. The Board determines the qualifications of applicants, including whether the applicant’s degree is from a program that meets the requirements listed in § 3508 and § 3508B of Title 24. 7. In the scope of practice of a licensed psychology associate, replaces "general measures of cognitive abilities and achievement" with "measures of intellectual ability". This clarifies that a licensed psychology associate may not administer neuropsychological tests. 8. Updates registration as a doctoral-level psychological assistant under § 3509 and registration as a master's-level psychological assistant under § 3509B to reflect modern practice. The applicant for registration, not the supervising psychologist or supervising licensed psychology associate, is responsible for providing to the Board evidence of the applicant's qualifications for registration. Similar updates are made throughout Chapter 35 of Title 24 to reflect that the individual applying for registration is applying rather than the supervising psychologist or licensed psychology associate. 9. Removes the requirement for applicants for licensure or registrations under Chapter 35 of Title 24 to submit the applicant’s criminal history reports from the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) to the Board. The Board directly receives electronic copies of each applicant’s criminal history reports from the SBI and the FBI, as provided in § 3508(b)(1), § 3508B(b)(1), §3509(b)(1), and §3509B(b)(1). Like SB 208, this Act adds 2 additional psychology professionals regulated under Chapter 35 of Title 24: (1) a licensed psychology associate and (2) a master’s-level psychological assistant. This Act also renames the psychological assistant registered under § 3509 of Title 24 to “doctoral-level psychological assistant” to mark the difference in education between the existing psychological assistant and the master’s-level psychological assistant added by this Act. This Act also changes § 3511 to clarify that licensing through reciprocity does not apply to individuals registered under § 3509 and § 3509B. A licensed psychology associate may independently practice at a master’s-level of education and training, subject to the limitations listed under § 3508B(e) added by this Act. The Board of Examiners of Psychologists (Board) may grant a license to practice as a licensed psychology associate if an applicant meets certain qualifications, including holding a master’s degree in psychology from an accredited school, completing an internship, obtaining at least 2 years of supervised professional experience, and achieving a passing score on a Board-approved examination. A licensed psychology associate is subject to the same standards as a psychologist licensed under Chapter 35 of Title 24, including handling of patient records, mandatory reporting, character and fitness requirements, and professional discipline. A licensed psychology associate also may be granted a license by reciprocity. An individual who is seeking further licensure under Chapter 35 of Title 24 may register as a master’s-level psychological assistant. A master’s-level psychological assistant may perform specific functions, appropriate for the assistant’s level of education and training, under the supervision of a licensed psychologist or licensed psychology associate. The supervising licensed psychologist or supervising licensed psychology associate may apply to the Board for registration of a master’s-level psychological assistant and shall provide to the Board evidence that the individual presented for registration has the required master’s-level of education and training, that the individual will receive appropriate training and supervision, that the individual meets character and fitness requirements. The supervising psychologist or licensed psychology associate must also give the Board a statement outlining the specific functions the master’s-level psychological assistant will perform under supervision. The individual seeking registration must provide a statement, under oath, that the individual will not practice independently, will perform only the specific functions outlined in the statement submitted by the supervising psychologist or supervising licensed psychology associate, and will not represent that the individual is a licensed psychologist or licensed psychology associate. A master’s-level psychological assistant is subject to the same professional standards and professional discipline as a doctoral-level psychological assistant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Technical changes include removing deadlines that have passed and are no longer relevant, changing language to increase clarity and consistency, and changing the structure of certain paragraphs to increase readability and organization. Additionally, to clarify that all applicants for licensure or registration under Chapter 35 of Title 24 must provide criminal background checks, this Act moves the provision requiring applicants to provide fingerprints to obtain a criminal background report from § 3514 of Title 24 to the qualification requirements for each individual licensee or registrant under § 3508, § 3508B, § 3509, and § 3509B of Title 24. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act is effective on its enactment and is to be implemented the earlier of the following: 1. Twelve months from the date of enactment. 2. Notice by the Board of Examiners of Psychology published in the Register of Regulations that final regulations to implement this Act have been adopted.
This bill adds a new crime of application insurance fraud under the criminal code to include fraudulent statements submitted in support of an application to obtain or renew insurance or made for purposes of obtaining a commission or other payment from an insurer. This bill makes application-related insurance fraud a class A misdemeanor unless the benefits wrongfully obtained or sought to be obtained is at least $1,000, in which case application insurance fraud is a class G felony.
This bill allows auction houses that are licensed by the Delaware Office of the Alcoholic Beverage Control Commissioner to auction spirits, so long as the spirits being auctioned are not made available for sale in any licensed facility or store.
