Handgun permit bill returns to Senate
A handgun permit bill returned to the Delaware Senate March 14 after passing the House with four new amendments.
The amendments added to the House bill, which passed March 7 by a 23-16 vote, increase a valid permit to two years, eliminate training requirements for competitive shooters or those employed who receive legal training, and exempts application and permit information from the Freedom of Information Act.
Senate Republicans, however, added 15 amendments to the bill March 13. These amendments make clear a person’s due-process rights to retain a permit; allow an aggrieved party sufficient time to identify, meet with and retain competent legal counsel; require prompt issuance of a permit if certain criteria are met by a handgun-qualified purchaser; confirm that the State Bureau of Investigation is to grant the purchase permit if no grounds exist for a denial subsequent to an investigation. They also shorten the timeframe in which a hearing in the Justice of the Peace Court must proceed if an aggrieved person requests a hearing after revocation or denial of a purchase permit; create a remedy for a person denied a permit to recover from SBI $1,000 in liquidated damages per day for each day beyond the 30-day requirement, attorneys fees incurred for pursuing relief in Superior Court, court costs, and interest at the legal rate. The amendments remove language to create a registry of Delawareans who own firearms, prevent SBI from retaining certain information and eliminate language that would permit law enforcement agencies to create a firearm owner registry. They also change the effective date of the legislation until the Firearms Transaction Approval Process is fully implemented by SBI and other Delaware governmental entities, and also state the act does not become effective until the Registrar of Regulations publishes final regulations related to the act. Finally, the amendments create a burden of proof for a dispute in which the sufficiency of an employer's firearm training is challenged. This amendment also directs that an applicant with training from multiple employers shall be able to rely upon all training received for determining whether the applicant has received sufficient training.
The Senate convened after the Cape Gazette deadline.
Other legislation
Senate passed
• SB 203 passed the Senate 19-2 March 13. The bill would change the penalty for official misconduct from a Class A misdemeanor to a graded system, where the penalty is commensurate with the gravity of the misconduct.
• SB 220 unanimously passed the Senate March 13. The bill would cover third-party insurance payments for people who also qualify for Medicaid, including barring third parties from refusing payment for an item or service if it is approved under Medicaid.
• SR 18 unanimously passed March 7 to designate March 2024 as National Multiple Myeloma Awareness Month.
Signed into law March 7
• HB 276, sponsored by Rep. Pete Schwartzkopf, D-Rehoboth Beach, was signed into law March 7 by Gov. John Carney. The bill makes changes to the Safe Recreation Zone and school zones pertaining to weapons.
• HB 250 creates a special license plate for the University of Delaware Athletics Community and Campus Recreation.
• SB 122 authorizes the Office of the Child Advocate and Office of the Investigation Coordinator to provide child victim data and information to the Office of Investigative Services during presentence investigations of defendants convicted of felony child abuse, endangering the welfare of a child, or death of a child.
• SB 121 codifies that the Child Protection Accountability Commission, in conjunction with the Department of Services for Children, Youth, and their Families, is responsible for developing, maintaining and conducting child abuse mandatory reporting, multidisciplinary response and related trainings.
Bills in committee
House Administration Committee
• HB 330 increases the amount of the annual appropriation to prefund future state employee retiree health insurance as recommended by the Retiree Healthcare Benefits Advisory Subcommittee of the State Employee Benefits Committee. This appropriation must be included in the plan for proposed expenditures that the director of the Office of Management and Budget submits to the governor and in the governor's Budget Appropriation Bill. This act also revises existing law to allow the current practice of making the annual payment to the OPEB Fund of 1% of the operating budget appropriations for the prior fiscal year in a supplementary appropriation.
• HB 341, sponsored by Rep. Bryan Shupe, R-Milford, would prohibit an appropriation for grant-in-aid to a nongovernmental entity that employs a member of the Joint Finance Committee, since the JFC is charged with preparing the annual grants-in-aid act. The bill also prohibits appropriation for funding under the annual capital improvement act to a nongovernmental entity that employs a member of the Joint Committee on Capital Improvement, since the Joint Committee on Capital Improvement is charged with preparing the annual Capital Improvement Act.
• HB 350 would create the Diamond State Hospital Cost Review Board to review and approve annual hospital budgets beginning in 2026. Hospital budgets established under this process are required to adhere as closely to the spending benchmark as is reasonable given the hospital’s financial position and associated economic factors, promote efficient and economic operations of the hospital, and maintain the hospital’s ability to meet its financial obligations. As a temporary measure until the board begins operations, hospitals are required to charge no more than 250% of Medicare costs to any payer for hospital services in calendar year 2025.
• HB 344, introduced March 13, would randomize ballot placement based on a California system to determine ballot placement for candidates.
House Appropriations Committee
• HB 237 is the first leg of a constitutional amendment to increase the number of justices of the Supreme Court to seven, and to require that at least two must be from each county. The seventh justice may be from any county.
• HS 1 for HB 5 would charge the Department of Health and Social Services to apply to the Centers for Medicare and Medicaid Services for a state plan amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports. The bill was reported out of the House Education Committee March 6.
• HB 125 would require all schools to offer all students free breakfast and lunch every school day. The state Department of Agriculture would reimburse all schools for all expenses not reimbursed by the U.S. Department of Agriculture.
House Economic Development/Banking/Insurance & Commerce Committee
• SB 200 with SA 1 unanimously passed the Senate March 12 to remove the requirement that notices related to nonpayment of premium and offers to renew a homeowners policy be delivered by certified mail or USPS Intelligent Mail barcode. As amended, SB 200 would require that only cancellation notices unrelated to nonpayment of premiums and notices of an insurer’s intent not to renew be delivered by certified mail or USPS Intelligent Mail barcode.
House Education Committee
• HB 332 would codify the teacher academy pathways program that prepares students for careers in elementary and secondary education, and require teacher academies offer value-added credits to students who have completed the credits required by the initial program of study; and work-based immersion options.
• HB 335 would require any general salary increase, salary supplement or one-time adjustment payable to public school employees likewise be payable to charter school employees.
• HS 1 for HB 22, aka the School Personnel Protection Act, would make recklessly or intentionally causing physical injury to an employee, contractor or subcontractor of a public or private elementary school or secondary school a second-degree assault.
House Health & Human Development Committee
• HB 345 would require Medicaid coverage for additional postpartum visits with a doula upon recommendation of a licensed practitioner or clinician.
• HB 246, introduced March 13, would give the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming healthcare. The act would protect medical professionals who provide gender-affirming healthcare from being disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this state. The bill also prohibits healthcare providers from disclosing communications and records concerning gender-affirming healthcare without the patient’s authorization in any civil action or proceeding, with some exceptions. It protects healthcare providers from out-of-state civil actions relating to gender-affirming healthcare treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases. It creates a cause of action for recuperation of out-of-state judgments relating to gender-affirming services that are lawful in Delaware, and prohibits insurance companies from taking any adverse action against healthcare professionals who provide gender-affirming healthcare services.
House Judiciary Committee
• HB 327 would protect victims of sexual assault, discrimination or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination or harassment. The first part of this act protects assault victims from defamation lawsuits by: 1. Placing a higher burden of proof on the complainant, even if the complainant is a private figure; and 2. Entitling a prevailing defendant to attorney’s fees and costs, triple the amount of actual damages, and punitive damages. The second part of this act prohibits any provision in a settlement agreement that prevents the disclosure of information related to a claim of sexual assault, harassment or discrimination.
• HB 337 would amend the Delaware Revised Uniform Limited Partnership Act.
• HB 336 would amend the Delaware Limited Liability Company Act.
• HB 338 would amend the Delaware Statutory Trust Act.
• HB 339 would amend the Delaware Revised Uniform Partnership Act.
• HB 342 would create a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpose of being prohibited from obtaining a firearm. An individual on the registry may request removal no sooner than 30 days after being placed on the registry. Once an individual requests removal from the registry, the individual must be removed no sooner than 30 days after the removal request. An individual who transfers a firearm to a person in violation of this section is guilty of a Class A misdemeanor for a first offense and a Class G felony for a subsequent offense. An individual who makes a false statement or representation regarding their identity when requesting inclusion or removal from the registry shall be guilty of a Class A misdemeanor.
• SA 1 to SS 1 for SB 147 passed the Senate March 7 by a 12-8 vote with one absent. The bill creates an exception for computer crimes, and provides that an employee is not guilty of a crime if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees and the information obtained by the employee was only disclosed for this purpose. The bill clarifies that if an exemption to a crime applies, an employer may not bring a civil action against a current or former employee. SS 1 for SB 147 does not include destruction of computer equipment, under this exemption.
House Public Safety & Homeland Security Committee
• HB 328, sponsored by Rep. Danny Short, R-Seaford, extends a pilot program for pulsating headlights used by motorcycles to Jan. 1, 2025.
• HB 329, sponsored by Rep. Jeff Hilovksy, R-Millsboro, increases penalties against drivers who fail to yield the right of way for emergency vehicles.
• SJR 4 unanimously passed the Senate March 12 to direct DMV to develop a school bus-only commercial driver’s license.
House Revenue & Finance Committee
• HS 1 for HB 149, sponsored by Rep. Rich Collins, R-Millsboro, would require personal income tax brackets to be annually adjusted for cost-of-living increases.
Senate Banking, Business, Insurance & Technology
• SB 234 would extend the timeframe for a customer to apply for a document fee credit refund from 15 days to 30 days. This change will improve customer service by allowing a customer more time to submit the applicable paperwork.
• HA 1 to HB 283 reorganizes provisions within the insurance code to centralize licensing and filing fees within one statutory provision, reconciles differences between the licensing and filing fees, and establishes new licensing or registration fees for reciprocal insurers and certified reinsurers to align the costs of processing applications for these insurers with similarly licensed or accredited insurers and reinsurers.
• HB 284 is a clean-up bill relating to certain workers’ compensation-related provisions.
Senate Education Committee
• HB 279 with HA 1 unanimously passed the House March 12 to allow school employees up to five days of bereavement leave under the same circumstances as permitted for state employees.
• HA 1 to HB 263 unanimously passed the House March 7 to prohibit local education agencies and charter schools from prohibiting a student from participating in a school-sponsored extracurricular activity on the basis the student has an outstanding debt for unpaid school meals.
Senate Elections & Government Affairs
• SB 237 would require municipalities with populations greater than 2,000 to increase community resiliency and address the impacts of climate change in their comprehensive plans.
• SJR 6 would direct healthcare professional licensure boards to review existing professional licensure application language to revise or remove all intrusive and stigmatizing language around mental health care and treatment and replace it with language that meets the threshold requirements of the Americans with Disabilities Act of 1990.
Senate Environment, Energy & Transportation Committee
• SB 231 would establish a program to help a young person in foster or state care get a driver’s license, auto insurance and other costs.
Senate Executive Committee
• HB 281 with HA 3 unanimously passed the House March 12 to allow a plan under Medicare Part C, a Medicare Advantage Plan, as an option for eligible pensioners who are first hired on or after Jan. 1, 2025, if the plan is selected and adopted by the State Employee Benefits Committee as a regulation under the Administrative Procedures Act.
• HB 288 unanimously passed the House March 12 to change the Division of Research to the Division of Legislative Services.
• HB 282 with HA 1 and HA 2 passed the House March 12 to address procedural requirements for the State Employee Benefits Committee.
Senate Finance Committee
• HA 1 to HB 87 moved out of the Senate Agriculture Committee March 13 to Senate Finance. The bill establishes the Delaware Agricultural Production Assistance Program. The program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10 per acre. The bill unanimously passed the House March 7.
Senate Health & Social Services
• SB 240 introduced March 13 would require the Division of Medicaid and Medical Assistance to produce a report by March 31, 2025, that documents home care services as measured using the most common billing codes for the home care industry.
Senate Judiciary Committee
• SB 238 introduced March 13 would add "victim of kidnapping" to the definition section of the Address Confidentiality Act, allowing for kidnapping victims to become eligible for the protections offered by the Address Confidentiality Program.
Senate Labor Committee
• SB 239, introduced March 13, would remove the five-year term limit imposed upon hearing officers appointed by the secretary of labor. It also removes the political party affiliation rule when considering new candidates that held that the number of officers from one major political party shall not exceed a majority of one. The act removes references to reappointments and clarifies that the removal of a hearing officer is made consistent with state merit rules.
Concurrent resolutions
• HCR 86 unanimously passed both House and Senate March 7 recognizing the Easterseals/CAI Volleyball Challenge occurring March 9 at William Penn High School and April 20 at Delaware State University, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families.
• HCR 87 recognizes the holy month of Ramadan and muslim residents of this state as they observe Ramadan passed both the House and Senate March 6.
• HCR 88, sponsored by Rep. Stell Parker-Selby, D-Milton, passed the House March 6 designating March 8th, 2024 as International Women’s Day in Delaware.
• HCR 89 designating March 2024 as Women’s History Month unanimously passed the House March 13.
• HCR 90 passed both houses March 12 making the day Equal Pay Day in Delaware.
• HCR 91 recognizing March 13 as Kappa Alpha Psi Day at the Capitol passed the House and Senate March 13.
• SCR 122 passed both houses March 12 making March 11-15 Civic Learning Week.
• SCR 119 to establish a Student Behavior and School Climate Task Force, which passed along party lines, 14-3 March 5, with three not voting and one absent, passed the House March 12 by voice vote. Before SCR 119 passed the Senate, another SCR to establish a task force on school discipline, sponsored by Sen. Eric Buckson, R-Dover South, was defeated along party lines – six Republicans voted in favor, but 14 Democrats did not vote and one was absent.
