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Delaware Legislation

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149th General Assembly - Session

House Bills

HB 1 - Unlawful Employment Practices

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Bill Number: HB 1 
Description: An Act to amend Title 21 of the Delaware Code relating to Unlawful Employment Practices.  This Act builds on some of the legislation passed by the 148th General Assembly that addressed the wage gap between men and women. When employers ask prospective employees for their wage or salary history, it perpetuates disparities in pay based on gender from one job into another. This Act prohibits employers from inquiring into a prospective employee's compensation history. A prospective employee may voluntarily disclose the information if he or she wishes to do so, and the bill explicitly permits discussion and negation of compensation expectations between an employer and prospective employee, so long as the employer does not affirmatively seek compensation history in the course of discussion and negotiation. An employer is permitted to seek and confirm such information after an offer, including compensation, has been negotiated, made, and accepted if the prospective employee authorizes disclosure of that information in writing. The effective date of the bill is delayed by 6 months to allow employers to update their policies.
Bill Status: Introduced in House and Assigned to Labor Committee


DHA Position: No Position

HB 3 - Family Leave

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Bill Number: HB 3 
Description: An Act to amend Title 21 of the Delaware Code relating to Family Leave.  This legislation requires that all full-time employees of the State, including employees of school districts, continuously in the employ of the state for at least one year, shall be eligible for 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger. Both parents would be eligible for such leave. Employees shall continue to have the right, as they do under current law, to use accrued sick leave for maternity and paternity purposes. This legislation leaves intact the rights of persons adopting a child over 6 years of age to take unpaid leave. Due to lack of adequate paid family leave policies, many parents must return to work sooner than is optimal for the health of mothers (in the case of biological birth) and children. Granting paid leave will contribute to the establishment of parent-child bonds, breastfeeding establishment, and allow infants to receive vaccines and develop stronger immune systems prior to entering daycare. Further, a more generous leave policy will increase the productivity of workers and reduce employee turnover. This Act takes effect January 1, 2019. The Office of Management and Budget is directed to establish guidelines for the implementation of this Act.
Bill Status: Introduced and Assigned to House Administration Committee in House


DHA Position: No Position

HB 14 - Rules of the Road

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Bill Number: HB 14 
Description: An Act to amend Title 21 of the Delaware Code relating to the Rules of the Road.  Under current Delaware law, every adult operating or riding a motorcycle is required to have a helmet in his or her possession while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet. This Act requires that every person, regardless of age, who operates or rides a motorcycle wear a helmet while doing so. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. Of the 49 motorcycle fatalities in Delaware since 2014, just over half of the motorcyclists, 28, were wearing helmets at the time of the crash.
Bill Status: Public Safety & Homeland Security Committee in House


DHA Position: No Position

HB 21 - Nondiscrimination in Access to Organ Transplantation

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Bill Number: HB 21With HA 2 
Description: An Act to amend Title 16 of the Delaware Code relating to Nondiscrimination in Access to Organ Transplantation.  This Act takes steps to ensure that individuals with disabilities are not denied access to organ transplant procedures based solely on their disability. Historically, individuals with disabilities have sometimes been denied access to life-saving organ transplants based on assumptions that people with disabilities are less worthy of care, or assumptions that the lack support services and/or the ability to follow post-transplant treatment plans. This bill prohibits denying a person with a disability a referral, evaluation and recommendation for transplantation solely on the basis of a non-medically significant disability and notes that persons who have the necessary support system to comply with post-transplant medical requirements should not have the inability to independently comply with those requirements held against them. The Act does not require referrals, recommendations or performance of medically inappropriate organ transplants. It affirms the state's commitment to the elimination of discrimination on the basis of disability.  HA 2 rewords a portion of the declaration of intent to clarify that this Act is intended to prevent future discrimination rather than rectify any known past discrimination in this State, and provides a mechanism for addressing discrimination in violation of this section in a state court, possibly expediting the resolution of such claims and making a life-saving difference in the organ transplant process. This amendment also makes a technical clarification.
Bill Status: Passed in House

Out of Committee in Senate


DHA Position: No Position

HB 25 - Appropriations for the Expense of the State Government for the Fiscal Year Ending June 30, 2018

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Bill Number: HB 25 
Description: An Act making Appropriations for the Expense of the State Government for the Fiscal Year Ending June 30, 2018; specifying certain procedures, conditions and limitations for the expenditure of such funds; and amending certain pertinent statutory provisions.  This Bill is the Fiscal Year 2018 Appropriation Act.  
Bill Status: Appropriations Committee in House


DHA Position: No Position

HB 28 - Practice of Dental Hygiene

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Bill Number: HB 28 
Description: An Act to amend Title 24 of the Delaware Code relating to the Practice of Dental Hygiene.  According to the American Dental Association, approximately 1/3 of Americans face challenges accessing dental care, where access challenges include difficulty getting to a dental office and overcoming financial barriers. In order to increase access to basic dental services, this bill will allow for dental hygienists to travel to certain facilities and provide dental hygiene services. Under existing law, a dental hygienist may only act under the general supervision of a dentist in the dental office, state institutions, or schools. Prior to offering these services, the facility owner/operator and the patient/legal guardian must approve of the dental services to be provided, and adequate safeguards must be provided, including the referral to a licensed dentist for consultation. This bill also updates the definition of the practice of dental hygiene services.
Bill Status: Administration Committee in House


DHA Position: No Position

HB 29 - Judgements

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Bill Number: HB 29 
Description: An Act to amend Title 10 of the Delaware Code relating to Judgements.  This bill establishes a writ of attachment of tax refunds and lottery winnings. This bill provides a procedure for interception of tax refunds and lottery winnings by the Department of Finance for judgments resulting from a breach of a residential or commercial rental agreement. This bill provides for the opportunity to contest the amount owed in regards to funds seized pursuant to a writ of attachment of tax refunds or lottery winnings. The bill directs the Department of Finance to work with the Courts to develop an electronic system relating to the collection of judgments through tax refunds and lottery winnings. The bill also directs the Courts and Department of Finance to work together and make a recommendation as to the amount of a special fee that is meant to offset the development, implementation and administration of the collection of judgments through tax refunds and lottery winnings. The Department and Finance are directed to provide a report to the General Assembly by January 10, 2018 regarding the costs of administrating this provision and an appropriate off-setting fee to be charged for issuance of the writ described herein. Sections 1 and 2 of the bill will not take effect until ongoing funds are provided to develop, implement and administer Sections 1 and 2, and until legislation is passed implementing the new fee.  HA 1 which clarifies that any portion of a tax refund that is comprised of a refundable earned income tax credit is not eligible for seizure. It further clarifies that Sections 1 and 2 of the Act will not take effect until ongoing funds are provided to develop, implement and administer Sections 1 and 2, including the Courts and Department of Finance’s operational cost associated with the program was placed with the Bill; HA 2 establishes that the priority for intercepts of tax refunds and lottery winning pursuant to a writ of attachment issued under Section 5033 of Title 10 and administered through Section 545A of Title 30 shall be fourth in priority, behind taxes owed to the state, debts owed to state agencies (including the Division of Child Support Services), and tax claims from other states were placed with the Bill.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 30 - Information Return Filing Deadlines

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Bill Number: HB 30 
Description: An Act to amend Title 30 of the Delaware Code related to Information Return Filing Deadlines.  This Act conforms Delaware’s deadlines for filing certain information returns to those established in the Internal Revenue Code. In an effort to combat identity theft and taxpayer fraud, federal filing dates were recently changed. For example, starting in 2017 the federal deadline for an employer to file aggregated W-2 data with the IRS will be January 31, which is the same date on which W-2s are distributed to individual taxpayers. Prior to this change, the IRS did not receive W-2 data until March 1 meaning that there has been a one-month window in which it could not readily confirm the authenticity of W-2s filed with taxpayers’ returns. Like other states and the IRS, Delaware has had to devote considerable resources to combating fraud and identity theft. By conforming to the new federal standard, Delaware will have data on hand that will help identify and isolate fraudulent filings. As the State’s employers will already be required to comply with the new federal deadlines, conforming Delaware’s filing dates will result in no additional administrative burden.
Bill Status: Revenue & Finance Committee in House


DHA Position: No Position

HB 35 - Board of Massage and Bodywork

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Description: An Act to amend Title 24 of the Delaware Code relating to the Board of Massage and Bodywork.  This bill sets forth a framework for the licensing, regulation and inspection of business establishments that provide massage and bodywork services. This bill places oversight of any business offering massage services in the hands of the Board of Massage and Bodywork. Specifically, it defines “massage establishment,” and grants authority to the Board of Massage and Bodywork to grant or deny licensure of such establishments and adopt regulations pertaining to the licensure, maintenance and standards to be applied to such establishments. It provides authority for the Division or Professional Regulation to inspect such establishments without any advance notice or concurrent criminal investigation. This bill imposes criminal and civil penalties, including injunctive relief, fines, and imprisonment, for the unlicensed practice of massage and bodywork and the operation of an unlicensed massage establishment.  HA 1 clarifies that hospitals are not intended to be regulated under this section. HA 1 to HA 1 excludes hospitals and other facilities separately licensed under Title 16 from the definition of “massage establishment.”   HA 2 to HA 1 corrects the Amendment to give the authority to adopt regulations to the Secretary of the Department of Health and Social Services because it is the Secretary who has the legal authority to promulgate regulations not the Director of the Division of Public Health.  
Bill Status: Passed in House
Introduced and assigned to Sunset Committee in Senate


DHA Position: No Position

HS 1 for HB 36 - Offenses Related to Children

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Bill Number: HS 1 for HB 36 
Description: An Act to amend Title 11 of the Delaware Code relating to Offenses Related to Children.  Although minors are prohibited from purchasing tobacco, it is not technically wrong for a minor to possess or consume tobacco. This bill will make the possession, use, or consumption of tobacco by a minor subject to penalties relating to education and community service.
Bill Status: Adopted in lieu of the original bill HB 36, and Assigned to Judiciary Committee in House


DHA Position: No Position

HB 36 - Board of Massage and Bodywork

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Bill Number: HB 36 
Description: An Act to amend Title 24 of the Delaware Code relating to the Board of Massage and Bodywork.  This bill sets forth a framework for the licensing, regulation and inspection of business establishments that provide massage and bodywork services. This bill places oversight of any business offering massage services in the hands of the Board of Massage and Bodywork. Specifically, it defines “massage establishment,” and grants authority to the Board of Massage and Bodywork to grant or deny licensure of such establishments and adopt regulations pertaining to the licensure, maintenance and standards to be applied to such establishments. It provides authority for the Division or Professional Regulation to inspect such establishments without any advance notice or concurrent criminal investigation. This bill imposes criminal and civil penalties, including injunctive relief, fines, and imprisonment, for the unlicensed practice of massage and bodywork and the operation of an unlicensed massage establishment.
Bill Status: Substituted by HS 1 for BH 36 in House


DHA Position: No Position

HB 39 - Concurrent Jurisdiction

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Bill Number: HB 39With HA 2 
Description: An Act to amend Title 10 of the Delaware Code relating to Concurrent Jurisdiction.  This Act extends Family Court's jurisdiction under Chapter 50, Title 16, over a youth who has a mental condition and requires services or treatment but is not amenable to or compliant with such services. This Act applies only to youths who are under the custody of the Department of Children, Youth and Their Families when they turn 18 years old and, prior to turning 18 years old, were identified as having or diagnosed with a mental condition as defined in § 5001 of Title 16. Jurisdiction under this Act does not require DSCYF to provide foster care board extension payments or stipends to a youth. This Act has no effect on a youth reaching the age of majority at 18 years or on DSCYF's custody over a youth terminating by operation of law when the youth turns 18 years old.HA 2 clarifies that a youth subject to concurrent jurisdiction under § 930 of Title 10 must be identified or diagnosed with a mental condition at the time the youth turns 18 years of age. This Amendment also provides that the Superior Court has the discretion, rather than an obligation, to transfer a case to the Family Court under § 930. 
Bill Status: Passed in House
Assigned to Judicial & Community Affairs Committee in Senate


DHA Position: No Position

HB 40 - Mental and Behavioral Health Transition Plans

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Bill Number: HB 40 
Description: An Act to amend Title 13 of the Delaware Code relating to Mental and Behavioral Health Transition Plans.  This Act authorizes the Family Court to order the Department of Health and Social Services ("DHSS") to determine whether a child who is 17 years old or older and in the custody of the Department of Services for Children, Youth and Their Families ("DSCYF") qualifies for adult mental or behavioral health services. If the child does qualify for adult mental or behavioral health services, this Act authorizes the Family Court to order that DHSS coordinate with DSCYF to develop and implement a transition plan for mental or behavioral health services for the child.
Bill Status: Passed in House
Assigned to Judicial & Community Affairs Committee in Senate


DHA Position: No Position

HB 45 - Consumer Protection

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Bill Number: HB 45 
Description: An Act to amend Title 29 of the Delaware Code relating to Consumer Protection.  This Act clarifies (i) how personal jurisdiction shall be obtained over nonresident respondents in administrative proceedings brought by the Director of Consumer Protection pursuant to Section 2523, Title 29 of the Code, and (ii) the manner in which service of process may be made upon respondents in those proceedings. This Act also empowers administrative hearing officers appointed under Section 2523(b), Title 29 to issue subpoenas upon request of the parties to the administrative proceeding, in order to enable the parties to present evidence not otherwise available to them.  HA 1 clarifies that if a non-party is not subject to subpoena, the administrative hearing officer is permitted to issue a commission so that evidence can be obtained from a jurisdiction where the non-party is subject to subpoena or other process. This amendment also provides that the administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose an undue burden or expense on the person subject to the subpoena or commission.  HA 2 removes the ability of the Attorney General to appoint a Deputy Attorney General to act as the administrative hearing officer to adjudicate charges brought by the Director of Consumer Protection and instead requires the Attorney General to appoint a third party hearing officer to act as the administrative hearing officer to avoid conflicts of interest.  HA 1 & HA 2 were placed with the Bill.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 46 - DNA Analysis and Data Bank

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Bill Number: HB 46 
Description: An Act to amend Title 29 of the Delaware Code relating to DNA Analysis and Data Bank.  Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act.
Bill Status: Public Safety & Homeland Security Committee in House


DHA Position: No Position

HB 50 - School Nurses

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Bill Number: HB 50 
Description: An Act to amend Title 14 of the Delaware Code relating to School Nurses.  This Act seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive state funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a “match tax”, to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.
Bill Status: Appropriations Committee in House


DHA Position: No Position

HB 57 - Limited Liability Companies

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Bill Number: HB 57 
Description: An Act to amend Title 6 of the Delaware Code relating to Limited Liability Companies.  To obtain obedience to federal laws protecting national security, with the help of registered agents, this Bill will prevent the use of our Limited Liability Act by persons and nations identified by federal agencies as a threat to this country. The bill also seeks to prevent existing limited liability company owners who are on the lists of prohibited persons or governments, but may have formed a Delaware LLC already, from getting involved in industries in which the federal government has placed restrictions on certain investments. Requiring clearance from the Committee on Foreign Investments in the U.S. for their plans will enable the Secretary to waive this provision when it is received. Registered agents must be the parties to screen for identified threats because those with a contract with the Department of State enter applications on its computers on a regular basis. CFIUS seldom prevents investments, (two since 1989 to be precise) but it may ask for mitigation in some way to reduce the potential threat involved. This Act will not impact the ability of almost any applicant to easily form an LLC nor does it require any companies to disclose more information to the Secretary of State in its application for certification than is now required.
Bill Status: Re-assigned to Judiciary Committee in House


DHA Position: No Position

HB 61 - Personal Income Tax

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Bill Number: HB 61 
Description: An Act to amend Title 30 of the Delaware Code relating to Personal Income Tax.  This bill will add 4 new check-off donation boxes on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to one of the following organizations: Food Bank of Delaware, Sussex County Habitat for Humanity, Central Delaware Habitat for Humanity, or Habitat for Humanity of New Castle County.
Bill Status: Passed in House
Assigned to Finance Committee in Senate


DHA Position: No Position

HB 64 - Family Leave

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Bill Number: HB 64 
Description: An Act to amend Title 29 of the Delaware Code relating to Family Leave.  Mothers who give birth to monoamniotic twins are often hospitalized as early as 26 weeks into the pregnancy due to the risk of complications of having twins share a single amniotic sack. Mothers who give birth to multiples of 3 or more often have the same issue of requiring extensive medical pre-natal care. As a result, the benefits provided under the federal Family and Medical Leave Act (FMLA) are often exhausted by the time the mother and children are discharged from the hospital. This bill provides that mothers who are full time state employees may have up to six weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted.
Bill Status: Passed in House
Assigned to Elections & Government Affairs Committee in Senate.


DHA Position: No Position

HB 65 - Child Support

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Bill Number: HB 65 
Description: An Act to amend Title 13 of the Delaware Code relating to Child Support.  In many circumstances persons who owe child support have received monetary awards in the form of a court settlement, verdict, judgment, or under a worker’s compensation award. This Bill requires a prevailing litigant to advise his attorney or insurance carrier of any outstanding child support arrears owed and directs the attorney, insurance carrier or other paying agent to pay the proceeds up to the arrears owed to DCSS to satisfy any outstanding arrearages owed to the custodian. If child support arrears or retroactive support is owed, the lien, up to the amount of child support arrears or retroactive support owed, must first be paid before any funds (excluding the first $1,000 of net proceeds) may be released to the prevailing party.  HA 1 which adds an effective date of 60 days after enactment was placed with the Bill.
Bill Status: Introduced and Assigned to Health & Human Development Committee in House


DHA Position: No Position

HB 74 - Designated caregivers for a minor qualifying patient under the Medical Marijuana Act

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Bill Number: HB 74 
Description: An Act to amend Title 16 of the Delaware Code relating to Designated caregivers for a minor qualifying patient under the Medical Marijuana Act.  A minor child that is a qualifying patient may need, in addition to their parents, a designated caregiver who is not their parent when the parents work and cannot regularly get to school to administer medicine. This bill expands the class of persons who can be designated caregivers to a minor qualifying patient. This bill would allow grandparents, aunts, uncles, and siblings, all over age 21, as persons who may be designated caregivers for a minor patient.
Bill Status: Introduced and Assigned to Health & Human Development Committee in House


DHA Position: No Position

HB 82 - The Board of Mental Health and Chemical Dependency Professionals

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Bill Number: HB 82With HA 1 
Description: An Act to amend Title 16 of the Delaware Code relating to The Board of Mental Health and Chemical Dependency Professionals.  Sections 1-4 clarify the type of supervised experience applicants are required to obtain in order to be qualified for licensure and eliminates the requirement that reciprocal applicants be certified by a national organization prior to being qualified for licensure. Additionally, section 2 eliminates a pending criminal charge as a basis to deny licensure. Section 5 changes the law governing chemical dependency professionals to eliminate a pending criminal charge as a basis to deny licensure. Sections 6-9 clarify the type of supervised experience applicants are required to obtain in order to be qualified for licensure and eliminates the requirement that reciprocal applicants be certified by a national organization prior to being qualified for licensure. Additionally, section 7 eliminates a pending criminal charge as a basis to deny licensure.  HA 1 restores the Board’s ability to consider pending criminal charges as a basis to deny licensure.
Bill Status: Passed in House
Passed in Senate
Awaiting the Governor's Signature


DHA Position: Support

HB 91 - Controlled Substances

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Bill Number: HB 91With HA 1, HA 2 
Description: An Act to amend Title 16 of the Delaware Code relating to Controlled Substances.  This Act would enhance the ability of the prescription monitoring program to make informed determinations as to prescribers who may be making extraordinary prescriptions of opiates or other controlled substances, and to refer such cases to law enforcement or professional licensing organizations for further review. The Act would also provide a more usable standard for provision of specified information to law enforcement agencies upon a showing of need.
Bill Status: Passed in House


DHA Position: Support

HB 100 - Treatment for Substance Abuse

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Bill Number: HB 100 
Description: An Act to amend Title 6, 16, 18 and 31 of the Delaware Code relating to Treatment for Substance Abuse.  The denial by private and public health benefit administrators of adequate coverage for substance abuse treatment has been identified as a major source of failed treatment efforts by persons addicted to controlled substances. These denials have also been identified as a cause of the shortage of adequate treatment facilities in Delaware. This Act seeks to ensure that persons with private and public insurance coverage have the ability to insist that they receive the substance abuse coverage to which they are entitled by law and by their insurance plans. It does so by (1) allowing the Department of Justice to provide legal assistance where appropriate to persons seeking benefits from the state’s Medicaid program, traditional health plans, or from employer-funded health benefit plans (which are exempt from state regulation), (2) requiring the state’s Medicaid program and private insurance carriers to provide notice to persons who are denied substance abuse treatment of the possibility of legal assistance in challenging those claim denials, and (3) permitting the Department of Justice to use funds in its Consumer Protection Fund to offset the cost of providing medical and legal expertise to DOJ and the Department of Insurance for the purpose of assisting persons with controlled substance addictions who are seeking treatment. This Act contains a sunset provision so that the General Assembly can assess the impact of its provisions on private and public health care costs and effective treatment of substance abuse before making its provisions permanent.
Bill Status: Passed in House
Assigned to Health, Children & Social Services Committee in Senate


DHA Position: Support

HB 104 - Services for Adults with Intellectual and Developmental Disabilities

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Bill Number: HB 104 
Description: An Act to amend Title 29 of the Delaware Code relating to Services for Adults with Intellectual and Developmental Disabilities.  The state is currently funding providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to providers according to the recommendations of the market study, so that by fiscal year 2020 the state would fund providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), which along with the corresponding costs of program oversight, direct supervision of DSPs, and training, are essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities.
Bill Status: Introduced and Assigned to Health & Human Development Committee in House


DHA Position: No Position

HB 110 - Creating the Delaware Marijuana Control Act

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Bill Number: HB 110 
Description: An Act to amend Title 29 of the Delaware Code relating to Services for Adults with Intellectual and Developmental Disabilities.  The state is currently funding providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to providers according to the recommendations of the market study, so that by fiscal year 2020 the state would fund providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), which along with the corresponding costs of program oversight, direct supervision of DSPs, and training, are essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities.
Bill Status: ReAssigned to Revenue & Finance Committee in House


DHA Position: Oppose

HB 114 - Bodily Injury and Property Damage Coverage on Motor Vehicles

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Bill Number: HB 114 
Description: An Act to amend Title 21 of the Delaware Code relating to Bodily Injury and Property Damage Coverage on Motor Vehicles.  The purpose of this amendment is to better protect the motorists of the State of Delaware by raising the minimum automobile bodily injury and property damage limits to reflect the current economic conditions. The minimum automobile liability limits have not been raised in the State of Delaware since July 19, 1983. Most motor vehicle policies sold in Delaware provide $10,000 for property damage coverage. Bodily injury insurance proceeds are frequently used to cover the cost of not only pain and suffering, but an injured person’s medical expenses and lost wages, which have increased since 1983. For example, $15,000 in 1983 is equivalent to $35,960.54 in 2016, based on the federal Consumer Price Index – Urban statistics for 1983 and 2016. In addition, $30,000 in 1983 is equivalent to $71,921.08 in 2016.
Bill Status: Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House


DHA Position: No Position

HB 120 - Insurance Coverage for Certain Cancer Treatments

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Bill Number: HB 120 
Description: An Act to amend Title 18 of the Delaware Code relating to Insurance Coverage for Certain Cancer Treatments.  This Act requires health insurance policies to cover any medically appropriate drug approved by the FDA for the treatment of stage 4 metastatic cancer without requiring a patient to first prove that the patient failed to respond to a different drug or drugs. This Act is based on a similar bill in Georgia that was inspired by President Jimmy Carter’s recent battle with cancer.
Bill Status: Introduced in House and Assigned to Economic Development/Banking/Insurance /Commerce Committee


DHA Position: No Position

HB 140 - Infants with Prenatal Substance Exposure

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Bill Number: HB 140 
Description: An Act to amend Title 16 of the Delaware Code relating to Infants with Prenatal Substance Exposure.  This non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.
Bill Status: Introduced and Assigned to Judiciary Committee in House


DHA Position: No Position

HCR 10 - March 2017 as “Eye Donor Month” in Delaware

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Bill Number: HCR 10 
Description: This House Concurrent Resolution recognizes March 2017 as “Eye Donor Month” in Delaware and recognizes the 60th anniversary of the Lions Eye Bank of Delaware Valley.
Bill Status: House & Senate Passed


DHA Position: No Position

HCR 11 - March 17, 2017 as "Phelan-McDermid Syndrome Awareness Day" in Delaware

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Bill Number: HCR 11 
Description: This resolution proclaims March 17, 2017 as "Phelan-McDermid Syndrome Awareness Day" in Delaware.
Bill Status: House & Senate Passed.


DHA Position: No Position

HCR 13 - Rare Disease Day in Delaware.

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Bill Number: HCR 13 
Description: This House Concurrent Resolution recognizes March 22, 2017, as “Rare Disease Day” in Delaware.
Bill Status: House & Senate Passed


DHA Position: No Position

HCR 16 - April 4, 2017, as "Equal Pay Day."

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Bill Number: HCR 16 
Description: This Concurrent Resolution recognizes April 4, 2017, as "Equal Pay Day."
Bill Status: House & Senate Passed.


DHA Position: No Position

HR 7 - March 30, 2017 as "Doctors' Day

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Bill Number: HR 7 
Description: This resolution designates March 30, 2017 as "Doctors' Day" to recognize the valuable contributions made by physicians in Delaware.
Bill Status: House Passed


DHA Position: No Position

HR 9 - April 2017 as Autism Awareness Month

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Bill Number: HR 9 
Description: This Resolution recognizes April 2017 as Autism Awareness Month.
Bill Status: Passed in House


DHA Position: No Position

Senate Bills


SB 10 - Minimum Wage

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Bill Number: SB 10 
Description: An act to amend Title 19 of the Delaware Code relating to Minimum Wage.  This Act increases the minimum wage required to be paid in this State by 50 cents a year beginning in 2017 and ending in 2020. After 2020, the minimum wage required to be paid in this State increases based on cost-of-living adjustments under the federal Social Security Act.This Act also makes technical corrections to conform to existing law related to the State’s deferral to the federal minimum wage to the guidelines of the Delaware Legislative Drafting Manual. In addition, this Act requires that employers pay an increased minimum wage based on cost-of-living adjustments under the federal Social Security Act in any year in which the federal minimum wage does not increase.
Bill Status: Introduced and Assigned to Labor Committee in Senate


DHA Position: No Position

SB 15 - A Bond and Capital Improvements Act - FY 2018

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Bill Number: SB 15 
Description: A Bond and Capital Improvements Act of the State of Delaware and certain of it’s authorities for the Fiscal Year ending June 30, 2018; authorizing the issuance of general obligation bonds of the State; appropriating funds from the transportation trust fund; authorizing the issuance of revenue bonds of the Delaware Transport Authority; appropriating special funds of the Delaware Transportation Authority; appropriating general funds of the State; reprogramming certain funds of the State;  directing the deposit of certain funds of the general fund; specifying certain procedures, conditions and limitations for the expenditure of such funds; and amending certain statutory provisions.  This Bill is the Fiscal Year 2018 Bond and Capital Improvements Act.  
Bill Status: Introduced and Assigned to Capital Improvement Committee in Senate


DHA Position: No Position

SB16 - Bond and Capital Improvements Act - FY 2017

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Bill Number: SB16 
Description: An Act to amend the Laws of Delaware relating to the Bond and Capital Improvements Act of the State of Delaware and certain of its Authorities for the Fiscal Year ending June 30, 2017.  This Act amends the Fiscal Year 2017 Bond and Capital Improvements Act to 1) authorize the expenditure of prior year Community Redevelopment Funds for public safety purposes in the City of Wilmington; 2) clarify the applicability of prevailing wage provisions on Community Transportation Fund and Municipal Street Aid projects; 3) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects 4) allow for the use of certain operating funds of local school districts as a match for school construction; 5) allow Cape Henlopen to transfer certain unobligated major capital improvement funds for the Sussex Consortium Building project; and 6) to authorize the Office of Management and Budget to execute loand collateral-related documents related to the New Castle County Courthouse parking facility.
Bill Status: Signed into Law 2/2/2017


DHA Position: No Position

SB 17 - Anatomical Gifts

Number:
Description:
Status:
Bill Number: SB 17 
Description: An Act to amend Title 16 of the Delaware Code relating to Anatomical Gifts.  This bill provides for research or transplantation of organs and other anatomical gifts as authorized under federal law among donors who have tested positive for exposure to HIV and intended recipients who have also tested positive for exposure to HIV. Delaware is currently the only state that has laws prohibiting the use of HIV positive organs for HIV positive recipients entirely, including the use of organs as part of a research protocol.
Bill Status: Awaiting the Governor's Signature.


DHA Position: No Position

SB 24 - Medical Marijuana

Number:
Description:
Status:
Bill Number: SB 24 
Description: An Act to amend Title 16 of the Delaware Code relating to Medical Marijuana.  This Act removes the requirement that a psychiatrist be the physician who signs the written certification in support of an applicant's application for medical marijuana and adds anxiety to the list of debilitating conditions which a person can have to be eligible for medical marijuana. This Act also makes technical corrections to the statute.
Bill Status: Out of Committee in Senate


DHA Position: Oppose

SB 26 - Business Tax Credits and Deductions

Number:
Description:
Status:
Bill Number: SB 26 
Description: An Act to amend Title 30 of the Delaware Code relating to Business Tax Credits and Deductions.  This Act creates a one-time $100 tax credit per unit for any business purchasing and placing an automatic external defibrillator in service in the State.
Bill Status: Passed in Senate

Assigned to Revenue & Finance Committee in House


DHA Position: Support

SB 30 - Campaign Finance, Reporting and Disclosure

Number:
Description:
Status:
Bill Number: SB 30 
Description: An Act to amend Title 15 of the Delaware Code relating to Campaign Finance, Reporting and Disclosure This Act requires political committees to report a contributor’s occupation and employment information. This is already a requirement in federal campaign finance law. If only a contributor’s name and address are disclosed (without occupation and employer), it is difficult to determine which industry, company, or group is funding a candidate. This will assist in furthering transparency and disclosure in the electoral process. It also addresses the obligation of the reporting candidate and treasurer.
Bill Status: Introduced and Assigned to Elections & Government Affairs Committee in Senate


DHA Position: No Position

SB 35 - Adoption of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act

Number:
Description:
Status:
Bill Number: SB 35 
Description: An Act to amend Title 16 of the Delaware Code relating to the Adoption of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act.  With REPLICA, EMS personnel will be able to respond across state borders within the provision of their duties on a short term, intermittent basis on a privilege to practice under approved circumstances. REPLICA promotes compliance with the laws governing EMS personnel practice in each member state, home and remote, and gives states the ability to hold providers accountable from both. EMS personnel covered by REPLICA include those responding to calls for assistance across state lines as part of their duty, covering large scale planned events such as staffing concerts, sporting events, or large scale unplanned events where federal agencies are dispatched to support details, for example, wild land firefighting teams. REPLICA comes into effect on the date on which the compact statute is enacted into law in the 10th member state. Seven states have enacted REPLICA, including Virginia. Benefits of REPLICA include: REPLICA extends the privilege to practice under authorized circumstances and on a limited basis to EMS Providers; REPLICA enables the ready exchange of information between states through a Coordinated Database regarding EMS personnel licensure, adverse actions, and significant investigatory information; REPLICA promotes the highest level of public protection to patients and to EMS personnel in our state’s EMS System. State EMS Offices will now know who is coming into their state; and REPLICA provides a unique opportunity to support members of the military and their spouses with a clear and timely pathway by which to become licensed.
Bill Status: Out of Committee in Senate.


DHA Position: Support

SB 39 - Board of Medical Licensure and Discipline

Number:
Description:
Status:
Bill Number: SB 39 
Description: An Act to amend Title 16 of the Delaware Code relating to the Board of Medical Licensure and Discipline.  This Act is the result of the recommendation made by the Joint Legislative Oversight and Sunset Committee in its review of the Board of Medical Licensure and Discipline ("the Board") that the Division of Professional Regulation amend applicable statutes that are outdated and unnecessary, to provide for consistency with § 8735, Title 29 of the Delaware Code, relating to administrative procedures. Specifically, this Act permits the Board to utilize non-board member medical licensees as coinvestigators when specialties are required to opine on the disciplinary cases, as long as the co-investigator is licensed in the specialty at issue; creates administrative licensure for medical professionals who do not wish to practice medicine but serve as administrators in the state to applicants who meet all qualifications for licensure except active practice hours; removes antiquated language from Title 17 regarding hearing procedures and instead reiterates hearings are conducted pursuant to the Administrative Procedures Act; and deletes references to the removed language. Finally, this Act makes minor modifications to each of the sub-councils organized under the Board, to standardize procedures across each of the five councils.  
Bill Status: Out of Committee in Senate


DHA Position: Support

SB 40 - Insurance Company Disclosure Requirements

Number:
Description:
Status:
Bill Number: SB 40 
Description: An Act to amend Title 18 of the Delaware Code relating to Insurance Company Disclosure Requirements.  This legislation adopts the NAIC’s Corporate Governance Annual Disclosure Model Act, and requires Delaware-domiciled insurers to provide to the Commissioner on an annual basis a summary of the insurer’s or insurance group’s corporate governance structures, policies and practices to permit the Commissioner to gain and maintain an understanding of the insurer’s corporate governance framework.
Bill Status: Out of Committee in Senate


DHA Position: No Position

SB 41 - Coverage for Serious Mental Illness and Drug Alcohol Dependency

Number:
Description:
Status:
Bill Number: SB 41With SA 1 
Description: An Act to amend Title 18 of the Delaware Code relating to the Coverage for Serious Mental Illness and Drug Alcohol Dependency.  In an effort to reduce overdose deaths relating to the growing epidemic of opioid addiction, this Act requires carriers to provide coverage for medically necessary inpatient treatment of alcohol and drug dependencies and prohibits carriers from imposing precertification, prior authorization, pre-admission screening, or referral requirements for the diagnosis and treatment, including in-patient treatment, of drug and alcohol dependencies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.SA 1 requires access to a 5 day emergency supply of prescribed medications covered under
Bill Status: Passed in Senate

Assigned to Economic Development/Banking/Insurance/Commerce Committee in House


DHA Position: Support

SB 43 - Licensure Art of Therapists

Number:
Description:
Status:
Bill Number: SB 43 
Description: An Act to amend Title 24 of the Delaware Code relating to the Licensure Art of Therapists.  This Act regulates the practice of art therapy, amending 24 Del. C. §30 by adding Subchapter ‘V. Professional Art Therapists,’ administered under the Delaware Board of Mental Health and Chemical Dependency Professionals. The Art Therapy Practice Act will serve and protect the public by defining the scope of practice of art therapy; setting minimum standards of qualification, education, training, and experience for art therapists; and maintaining certain standards in the delivery of art therapy services. This bill also provides to assist the Delaware Board of Mental Health and Chemical Dependency Board in licensing art therapists by the appointment of a voluntary Art Therapy Advisory Board, amending 24 Del. C. §3006(a).
Bill Status: Introduced and Assigned to Elections & Government Affairs Committee in Senate


DHA Position: No Position

SB 44 - Uniform Controlled Substances Act

Number:
Description:
Status:
Bill Number: SB 44 
Description: An Act to amend Title 16 of the Delaware Code relating to the Uniform Controlled Substances Act.  This Bill clarifies that every prescriber holding a controlled substance registration must be registered with the Prescription Monitoring Program. Further, prescribers who receive a CSR (controlled substances registration) for the first time must register with the Prescription Monitoring Program within 90 days.
Bill Status: Out of Committee in Senate


DHA Position: Support

SB 45 - Uniform Controlled Substances Act.

Number:
Description:
Status:
Bill Number: SB 45 
Description: An Act to amend Title 16 of the Delaware Code relating to the Uniform Controlled Substances Act.  This Bill adds 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700) to Schedule I of the Uniform Controlled Substances Act. U-47700, also known as “Pink,” is a synthetic opioid recently encountered by law enforcement and public health officials and is being abused for its opioid properties. It is available over the Internet and is marketed as a “research chemical.” The safety risks to users are significant and the public health risks include large numbers of drug treatment admissions, emergency room visits and fatal overdoses. On November 14, 2016, the Federal Drug Enforcement Agency temporarily placed U-47700 in Schedule I for a two-year period, finding that this synthetic opioid has a high potential for abuse, no currently accepted medical use in treatment in the United States and lacks accepted safety for use under medical supervision. By Emergency Order dated December 15, 2016, the Secretary of State temporarily placed U-47700 in Schedule I. This Order is effective for 120 days. The permanent addition of U-47700 to Schedule I is required in the interest of public protection.
Bill Status: Out of Committee in Senate


DHA Position: Support

SB 48 - Naloxone

Number:
Description:
Status:
Bill Number: SB 48 
Description: An Act to amend Title 16 of the Delaware Code relating to Naloxone.    Under this Act, a pharmacist who dispenses narloxone under an established set of circumstances is not subject to disciplinary or other adverse action under any professional licensing statute or criminal liability, or liable for damages related to injuries or death sustained in connection with administering the drug, unless it is established that the pharmacist caused the injuries or death wilfully, wantonly, or by gross negligence.
Bill Status: Out of Committee in Senate


DHA Position: Support

SB 49 - Homeless Persons

Number:
Description:
Status:
Bill Number: SB 49 
Description: An Act to amend Title 6 of the Delaware Code relating to Homeless Persons.  An individual's housing status should not be a basis for discrimination. This bill establishes a "Homeless Individual's Bill of Rights" that provides rights to protections for individuals experiencing homelessness, including protections from discrimination while in public and while seeking access to housing, employment, and temporary shelter. This bill vests important investigatory and enforcement authority with the State's Division of Human Relations and the State Human Relations Commission, similar to their roles with Delaware's Equal Accommodations Law and Delaware's Fair Housing Act.
Bill Status: Introduced and Assigned to Judicial & Community Affairs Committee in Senate


DHA Position: No Position

SB 54 - Juvenile Expungements

Number:
Description:
Status:
Bill Number: SB 54 
Description: An Act to amend Title 10 of the Delaware Code relating to Juvenile Expungements.  The continued existence and dissemination of juvenile criminal histories hampers an individual’s ability to become a successful and a productive member of society. These criminal histories are a hindrance to employment, education, housing and credit. It is often difficult for indigent children, especially children in foster care, to overcome the hurdles required to obtain an expungement. The act modifies the discretionary expungement provisions to allow more children the ability to petition the Court for an expungement. These changes allow the Court to consider an expungement where the child has demonstrated rehabilitation. These provisions will enable a greater number of deserving youth the ability to move beyond their past and recognizes that most youth mature out of offending behavior. This legislation builds on a bill passed by a bipartisan group of lawmakers during the 148th General Assembly. Senate Bill 198 streamlined the process for an individual to expunge their juvenile record. This proposed expansion would create a fair catch-all provision for those seeking an expungement to their juvenile record in cases where they were found delinquent in multiple cases as juveniles, but had not been adjudicated or convicted of another crime since.
Bill Status: Out of Committee in Senate


DHA Position: No Position

SB 55 - Private investigative, private security and armored car agencies

Number:
Description:
Status:
Bill Number: SB 55 
Description: An Act to amend Title 24 of the Delaware Code relating to private investigative, private security and armored car agencies.  This Act provides greater clarity of language, condenses duplicative statutes and deletes statues that are irrelevant to daily operations of the Professional Licensing Section’s regulation of private security, private investigative and armored car agencies.
Bill Status: Introduced and Assigned to Sunset Committee in Senate


DHA Position: No Position

SB 59 - A Multistate Nurse Licensure Compact

Number:
Description:
Status:
Bill Number: SB 59 
Description: An Act to amend Title 24 of the Delaware Code relating to A Multistate Nurse Licensure Compact.  This Act replaces the current multistate nurse licensure compact with an enhanced version. The enhanced Nurse Licensure Compact allows for registered nurses and licensed practical nurses to have one multistate license, with the privilege to practice in their home state and other compact states. Under the enhanced version, all nurses practicing under a multistate license must meet a minimum set of licensure requirements, including a fingerprint federal criminal background check. Nurses who fail to meet these requirements will not be eligible for a multistate license, and multistate privileges will be removed from nurses when disciplinary actions are taken against a home state multistate license. If Delaware fails to enact the enhanced nurse multistate licensure compact, Delaware nurses with current multistate licenses will no longer be permitted to practice in states that have enacted the enhanced version. Currently, 13 states have adopted this enhanced Compact and legislation to adopt it is pending in 15 other states.
Bill Status: Introduced and Assigned to Sunset Committee in Senate


DHA Position: No Position

SCR 9 - March 2017 as “Colorectal Cancer Awareness Month”

Number:
Description:
Status:
Bill Number: SCR 9 
Description: This Concurrent Resolution designates March 2017 as “Colorectal Cancer Awareness Month” in the State of Delaware.
Bill Status: Senate  & House Passed


DHA Position: No Position

SCR 14 - Dr. Vincent G. Lobo

Number:
Description:
Status:
Bill Number: SCR 14 
Description: This Resolution honors Dr. Vincent G. Lobo of Harrington and Bethany Beach for his long and distinguished career as a doctor of optometry, doctor of osteopathic medicine, and public-spirited citizen, and congratulates him upon his receipt of a prestigious award from his alma mater, the Philadelphia College of Osteopathic Medicine.
Bill Status: Senate & House Passed


DHA Position: No Position

Previous Delaware General Assembly Legislation
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