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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: Substituted in House by HS 1 for HB 1


DHA Position: No Position

HS 1 for HB 1 - Unlawful Employment Practices

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Bill Number: HS 1 for 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 an applicant's compensation history. An applicant 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 applicants, 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. The effective date of the bill is delayed by 6 months to allow employers to update their policies.
Bill Status: Awaiting the Governor's Signature


DHA Position: No Position

HB 2 - Equal Protection

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Bill Number: HB 2 
Description: An Act proposing an amendment to Article I of the Delaware Constitution relating to Equal Protection.  This Act is the first leg of an amendment to the Delaware Constitution to provide for equal protection. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment based on discrimination to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values. Currently, while the federal and many state constitutions afford equal protection, Delaware’s constitution fails to do so.
Bill Status: Stricken in House


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 5 - Equal Rights

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Bill Number: HB 5 
Description: An Act to amend Article 1 of the Delaware Constitution relating to Equal Rights.  This Act is the first leg of an amendment to the Delaware Constitution to provide for equal rights. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment arising from historical bias to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values.
Bill Status: Defeated 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: Awaiting Governor's Signature


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.  SA 2 removes the requirement that a licensed massage and bodywork therapist or certified massage technician be on the premises at all time the establishment is open, allowing receptionists and other office staff to continue working any time the establishment is open. 
Bill Status: Passed in House
Passed 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: 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:
Awaiting Governor's Signature


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:
Awaiting Governor's Signature


DHA Position: No Position

HB 45 - Consumer Protection

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Bill Number: HB 45With HA 1 
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.  
Bill Status: Passed in House

Passed in Senate


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
Out of Committee in Senate


DHA Position: No Position

HB 64 - Family Leave

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Bill Number: HB 64With SA 2 
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.SA 2 ensures that mothers who have pregnancy complications that warrant prolonged or extended hospitalization of the mother or the infant in the antepartum or immediate postpartum period are protected under the statute.
Bill Status: Awaiting Governor's Signature


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: Signed into Law 5/2/2017


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.  HA 1 ensures that expertise on the PMP Advisory Committee regarding patient privacy laws and regulations is provided by the Department of Justice.  HA 2 clarifies that there must be an affirmative showing of need for law enforcement to obtain identifying information.
Bill Status: Signed into Law 5/30/2017


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: Signed into Law 5/30/2017


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: Out of Committee in House


DHA Position: Oppose

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

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Bill Number: HB 114With HA 1 
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.  HA 1 better protects the motorists of the State of Delaware by raising the minimum automobile bodily injury and property damage limits to reflect the current economic conditions, since the they have not been raised in the State of Delaware since July 19, 1983. 
Bill Status: Awaiting Governor's Signature


DHA Position: No Position

HB 120 - Insurance Coverage for Certain Cancer Treatments

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Bill Number: HB 120With HA 1 
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.  HA 1 adds the treatment of cancers other than stage 4 advanced, metastatic cancers and requires that the use of the drug is supported by national clinical guidelines, national standards of care, and peer reviewed medical literature for the treatment of the cancer or targeted therapy. This Amendment also prohibits the use of this Act as a basis for limiting or excluding coverage for a drug approved by the FDA for treatment of a medical condition not covered under this Act.
Bill Status: Awaiting Governor's Signature


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: Assigned to Appropriations Committee in House


DHA Position: Support

HB 151 - Hate Crimes

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Bill Number: HB 151 
Description: An Act to amend Title 11 of the Delaware Code relating to Hate Crimes.  This Act revises Delaware’s hate crime statute to make law enforcement, firefighters and emergency personnel protected classes. Nationwide we have seen unprecedented number of unprovoked attacks upon our first responders. This Act provides additional protection for those who serve to protect our communities.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 160 - End of Life Options

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Bill Number: HB 160 
Description: An Act to amend Title 16 of the Delaware Code relating to End of Life Options.  The Delaware End of Life Options Act provides an additional option which terminally ill adults nearing their death can decide to select, to lessen their pain and suffering. The bill clarifies the procedures necessary for making the request, including 1) the presentation of all end of life options which include comfort care, hospice care, and pain control, 2) a physician’s evaluation, 3) medical confirmation by a second physician, 4) psychiatric/psychological counseling when indicated, 5) the passage of two waiting periods, and 6) the completion of a formally witnessed request for prescribed medication. The bill provides many safeguards to ensure the patient is making an informed decision, the right to rescind any request for medication, and immunity for persons participating in good faith compliance with the procedures. When the process is followed with its safeguards, the terminally ill patient is provided the right to receive medication to peacefully end the patient’s life in a humane and dignified manner.
Bill Status:

Out of Committee in House



DHA Position: Oppose

HB 164 - Human Trafficking

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Description:
Status:
Bill Number: HB 164 
Description: An Act to amend Title 11 of the Delaware Code relating to Human Trafficking.  This bill dissolves the Human Trafficking Coordinating Council and reestablishes it as the Human Trafficking Interagency Coordinating Council. The bill establishes the members of the Council and the chair and vice-chair. The bill also requires that a public awareness sign must be displayed at locations designated by the Council.  HA 1 which replaces one representative of the Administrative Office of the Courts to be appointed by the State Court Administrator with two representatives of the Judicial Branch, as appointed by the Chief Justice. This amendment also changes the number of at-large members from 5 to 4 was placed with the Bill.  HA 1 replaces one representative of the Administrative Office of the Courts to be appointed by the State Court Administrator with two representatives of the Judicial Branch, as appointed by the Chief Justice. This amendment also changes the number of at-large members from 5 to 4.
 
Bill Status: Out of Committee in House


DHA Position: No Position

HB 171 - Speech/language Pathologists, Audiologists and Hearing Aid Dispensers

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Description:
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Bill Number: HB 171 
Description: An Act to amend Title 11 of the Delaware Code relating to Speech/language Pathologists, Audiologists and Hearing Aid Dispensers.  This Bill amends the Board composition to provide that a slot may be filled by an audiologist or by a hearing aid dispenser which shall address the challenge in locating a hearing aid dispenser to serve on the Board. Further, this Bill adds a definition for the “practice of hearing aid dispensing” to set forth the appropriate scope of practice for hearing aid dispensers, based on their training and qualifications, in the interest of public protection. This Bill also strikes references to audiology and speech pathology aides because the Board does not license or regulate these professions. The requirements for licensure and license renewal, for speech/language pathologists and audiologists, have been amended in the interests of clarity. Upon application, a speech/language pathologist must submit proof of current certification from the American Speech and Hearing Association (“ASHA”) and audiologists must submit proof of either current ASHA certification or board certification from the American Board of Audiology. 
Bill Status: Out of Committee in House


DHA Position: Support with Amendment

HB 172 - Health Insurance

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Description:
Status:
Bill Number: HB 172 
Description: An Act to amend Title 11 of the Delaware Code relating to Health Insurance.  This Bill limits a health insurer’s right to overpayment recovery to two years from the date of the original payment. The time limit does not apply where there is fraud or other intentional misconduct, when overpayment recovery is initiated by a self-insured plan, or where required by a federal or state plan. The bill also requires 30 days’ notice to healthcare providers regarding an attempt to recover overpayment as well as requiring insurers to have policies and procedures allowing challenge to the alleged overpayment. This bill affects all lines of health insurance including both individual and group policies.  HA 1 revises subsection (a) to modify the notification that a health insurer or a health plan must provide in connection with overpayment recovery efforts, and also adds “waste and abuse” to subsection (c).
 
Bill Status: Out of Committee in House


DHA Position: Support

HB 180 - Breaches of Security Involving Personal Information

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Description:
Status:
Bill Number: HB 180 
Description: An Act to amend Title 6 of the Delaware Code relating to Breaches of Security Involving Personal Information.  This Act amends Chapter 12B of Title 6 to update Delaware's law regarding computer security breaches by doing the following: 1. Creating a requirement that any person who conducts business in Delaware and maintains personal information must safeguard that information. 2. Updating the definition of breach of security by including the unauthorized access, use, modification, or disclosure of personal information and the information that is included in the definition of personal information. 3. Adding definitions for encryption. 4. Creating a "safe harbor" if the data included in an breach is encrypted or protected by an encryption key that prevents the data from being read or used. 5. Strengthening the consumer protections when a security breach is discovered including requiring that the entity that experienced the breach provide identity theft protection services if Social Security Numbers were included in the information breached. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual, including the use of the term "person" to mean both an individual and an artificial entity.
Bill Status: Substituted in House


DHA Position: No Position

HS 1 for HB 180 - Breaches of Security Involving Personal Information

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Description:
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Bill Number: HS 1 for HB 180 
Description: An Act to amend Title 6 of the Delaware Code relating to Breaches of Security Involving Personal Information.  This Act revises HB 180 to reflect input from a wide group of stakeholders. This Substitute Act differs from HB 180 as follows: Terminology has been revised to be more accurate and consistent. A definition of "person" is added and includes government, consistent with current law. A definition of “determination of breach of security” is added. Marriage certificates, full birth dates and birth certificates, shared secrets and security tokens, and digital or electronic signatures are removed from the definition of "personal information." An application for health insurance is removed from the definition of personal information because all of the information in an application that is of concern is separately listed in the definition of personal information. Removes the requirement that the Department of Justice develop regulations and a model form of notice. Clarifies how to provide notice if a breach involves login credentials of an email account that is the basis of the breach. Clarifies that notice of a breach can be provided after 60 days from discovery when it is determined at a later time that the breach includes additional residents. Provides examples of federal laws that can be complied with to constitute compliance with this chapter. Removes the private right of action for the failure of a person to provide notice under this chapter. The Common Law cause of action for actual damages as a result of a breach is unaffected by this change.
Bill Status: Assigned to Economic Development/Banking/Insurance/Commerce Committee in House


DHA Position: No Position

HB 181 - Child Abuse and Neglect

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Description:
Status:
Bill Number: HB 181 
Description: An Act to amend Title 6 of the Delaware Code relating to Child Abuse and Neglect.  This Act makes updates to how reports of child abuse and neglect are handled by the various members of the multidisciplinary team; codifies the multidisciplinary team and case. The Act adds additional duties to the Investigation Coordinator, law enforcement, the Department of Justice and the Division of Family Services that are current best practices but not required by law; reorganizes the section pertaining to the Division of Family Services to reflect current best practices; allows nurse practitioners to take emergency protective custody; and makes technical corrections to conform existing law to standards of the Delaware Legislative Drafting Manual.
Bill Status: Passed in House

Out of Committee in Senate


DHA Position: Support

HB 200 - Medicaid and Home Health Care

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Description:
Status:
Bill Number: HB 200 
Description: An Act to amend Title 29 of the Delaware Code relating to Medicaid and Home Health Care.  This bill sets a minimum reimbursement rate for home health care nursing services paid for by Medicaid-contracted organizations. The rate shall be at least equal to the rate set by the Division of Medicaid for equivalent services. Home care nurses and aides give Delawareans with disabilities the option to remain at home with their families and prevents unnecessary use of higher-cost hospitals, nursing homes and rehabilitation facilities.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 201 - Telemedicine

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Description:
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Bill Number: HB 201 
Description: An Act to amend Title 24 of the Delaware Code relating to Telemedicine.  This Act clarifies that after a physician-patient relationship has been properly established in accordance with this section, subsequent communications and treatment may be conducted as the doctor and patient deem appropriate. As with all practice of medicine, such subsequent interactions must still meet the standard of care for the given field of medicine. The Act also clarifies that this statute is not intended to limit the practice of radiology or pathology – fields in which it has long been standard for an off-site specialist to examine records created by a treating physician or technician.
Bill Status: Passed in House
Assigned to Health, Children & Social Services Committee in Senate


DHA Position: Support

HB 203 - Diabetes

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Description:
Status:
Bill Number: HB 203 
Description: An Act to amend Title 24 of the Delaware Code relating to Diabetes.  This Act directs the Division of Medicaid and Medical Assistance, Division of Public Health, and Office of Management and Budget – Human Resources Management (“the Agencies”) to report to the General Assembly every 2 years the impacts and costs associated with diabetes. The first report is due by June 30, 2019. The report shall include: (1) Data reflecting the prevalence and burden of diabetes in Delaware. (2) Activities related to diabetes programs and initiatives throughout the State. (3) An estimate of the financial impact of diabetes on each of the Agencies. (4) The number of people impacted or served by each of the Agencies with regard to diabetes, including programs and initiatives designed to reach individuals with diabetes and prediabetes. (5) A description of each of the Agencies’ implemented programs and activities aimed at improving diabetes care and preventing the disease, and an assessment of the expected benefits and outcomes for each program and activity. (6) Current funding levels for each of the Agencies to implement programs and activities aimed at reaching individuals with diabetes and prediabetes. (7) Each of the Agencies’ individual plans, including recommendations to address the prevention and control of diabetes, the intended outcomes of the recommendations, and estimates of the funding and time required to implement the recommendations.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 208 - Division of Long Term Care Residents Protection

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Description:
Status:
Bill Number: HB 208 
Description: An Act to amend Title 24 of the Delaware Code relating to the Division of Long Term Care Residents Protection.  This Act renames the Division of Long Term Care Residents Protection to the Division of Health Care Quality and strengthens the Division's ability to protect Delawareans receiving long term, acute, or outpatient health care. The new name better describes the Division which now includes not only long term care, but also acute and outpatient care facilities and agencies. The Division monitors the quality of care delivered by health care facilities and agencies throughout the state. Definitions are added to include the acute and outpatient care descriptions. Flexibility is added to the report the Division is required to prepare. This Act adds the ability of the Division to request and receive EMS records when performing an investigation that involves a transfer of a consumer, resident, or patient from one care setting to another. An interagency transfer form format is required to ensure better transitions of care for persons as they move from one health care setting to another. This Act gives the Division Director subpoena power so that appropriate records may be obtained during an investigation and so that witnesses may be compelled to appear for a hearing. Finally, this Act adds the requirement for Prescribed Pediatric Care Centers to complete the background checks on employees. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 210 - Delaware Medical Marijuana Act

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Description:
Status:
Bill Number: HB 210 
Description: An Act to amend Title 16 of the Delaware Code relating to the Delaware Medical Marijuana Act.  This bill allows minors subject to debilitating medical conditions not specifically listed in § 4906A(b) the same petition process to have their condition considered as that allowed for adults.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 211 - Enlargement of the Composition and Scope of Health Information available to the Drug Overdose Fatality Review Commission

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Description:
Status:
Bill Number: HB 211 
Description: An Act to amend Title 16 of the Delaware Code relating to Enlargement of the Composition and Scope of Health Information available to the Drug Overdose Fatality Review Commission.  Section one of this Act would grant access to data from the prescription monitoring program to the Drug Overdose Fatality Review Commission, which would significantly enhance the Commission’s ability to meet its statutory duties. In addition, this section of the amendment broadens the pool of individuals from the Division of Forensic Science who may be designated as members to the Commission. This section of the amendment also clarifies the scope of records that may be compelled for production by the Commission. Sections two and three of this Act allows the Drug Overdose Fatality Review Commission to obtain and review medical records, including mental health and substance abuse records, in furtherance of its statutory duties and in compliance with Delaware’s privacy and confidentiality laws.
Bill Status: Passed in House

Out of Committee in Senate


DHA Position: No Position

HB 219 - Invasive Medical Procedures

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Description:
Status:
Bill Number: HB 219 
Description: An Act to amend Title 16 of the Delaware Code relating to Invasive Medical Procedures.  The 146th General Assembly gave the Department of Health and Social Services the authority to promulgate regulations and require accreditation for facilities that perform invasive medical procedures. The current terminology and definition of an “invasive medical procedure” has been frequently misinterpreted and caused a great deal of confusion in the medical community. This Act revises the current language to be consistent with terminology used by accreditation organizations and other states, replacing the term “invasive medical procedure” with the term “office-based surgery”. In addition, this Act clarifies the definition to ensure that all facilities that perform such procedures do so in a safe and sanitary environment. Finally, this Act adds a requirement that the approved accreditation organizations shall report, at a minimum, findings of surveys and complaint and incident investigations, and data for all office-based surgical facilities to the Department. This Act also updates Title 24 where the term "invasive medical procedure" is used and § 122(3) of Title 16 is referenced.  HA 1 which clarifies that accreditation documents provided under this paragraph are not subject to the Freedom of Information Act. This protects the proprietary information contained in these documents while allowing the Department access to the documents to ensure public safety, was placed with the Bill.
 
Bill Status: Out of Committee in House


DHA Position: No Position

HB 220 - Drug Abuse

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Description:
Status:
Bill Number: HB 220 
Description: An Act to amend Title 16 of the Delaware Code relating to Drug Abuse.  This act establishes the Addiction Action Committee as a means to establish a comprehensive, coordinated strategy to address addiction in Delaware. The committee is authorized to make recommendations on a comprehensive approach to address and monitor the addiction crisis.
Bill Status: Passed in House
Assigned to Health, Children & Social Services Committee in Senate


DHA Position: No Position

HB 225 - Division of Long Term Care Residents Protection

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Description:
Status:
Bill Number: HB 225 
Description: An Act to amend Title 16 of the Delaware Code relating to the Division of Long Term Care Residents Protection.  House Bill No. 208 of the 149th General Assembly changes the name of the Division of Long Term Care Residents Protection to the Division of Health Care Quality. This Act updates the name of the Division where it appears in the Delaware Code and takes effect upon the enactment of House Bill No. 208. House Bill No. 195 revises Chapter 11 of Title 16, removing references to a specific Division in 2 sections. This Act clarifies that the name change in those sections sunset upon the enactment of House Bill No. 195.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 240 - Taxes on Personal Income

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Description:
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Bill Number: HB 240 
Description: An Act to amend Title 30 of the Delaware Code relating to Taxes on Personal IncomeSections 1 and 7 of this Act update from $400 to $800 the threshold which triggers the penalty for insufficient payment of estimated tax. The current threshold has been in place since 2000. Because it has not been modified in almost 20-years, the penalties generated as a result of this low threshold are often trivial amounts, which frustrate taxpayers. However, despite the penalties’ low dollar amounts, they still require significant resources to administer and resolve. Sections 1and 7 also provide for an inflation adjustment for the threshold ensuring that it will automatically keep pace with future economic trends. Section 2 of this Act increases tax rates in all existing brackets by 0.15 to 0.4 percentage points and creates a new bracket of 6.95% at $150,000. Section 3 of this Act raises the eligibility age from 60 to 65 in one-year increments over a five-year period for the $12,500 exclusion from income of pensions and other retirement income. Section 4 of this Act eliminates itemized deductions and increases the standard deduction amount from $3,250 to $5,000 for single and married taxpayers filing separately and from $6,500 to $10,000 for taxpayers filing joint returns. In addition, Section 4 reduces from $110 to $85 the amount of the personal credit. Lastly, Section 4 raises the eligibility age from 60 to 65 in one-year increments over a five-year period for the extra, age-based personal credit. Sections 5 and 6 of this Act update cross references.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 241 - Taxes on Alcoholic Beverages

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Bill Number: HB 241 
Description: An Act to amend Chapter 5, Title 4 of the Delaware Code relating to Taxes on Alcoholic Beverages. This Act increases the State’s alcoholic beverage tax rates. The rate for beer increases by 2¢ per 12 ounce can. The rate for wine increases by approximately 3¢ per 5 ounce serving. The rate for spirits containing more than 25% ethyl alcohol by volume increases by 15¢ per 750 ml bottle.HA 1, which changes the tax rates for beer, cider, wine and ethyl alcohol was placed with the Bill.
 
Bill Status: Out of Committee in House


DHA Position: No Position

HB 242 - Tobacco Product, including Vapor Product, Taxation and Licensing

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Bill Number: HB 242 
Description: An Act to amend Title 30 of the Delaware Code relating to Tobacco Product, including Vapor Product, Taxation and Licensing. This Act adds a definition of vapor products to Chapter 53, Title 30 (regarding Tobacco Product Tax), includes vapor products as a type of tobacco product, and makes other amendments to the Chapter to require those who deal in vapor products to obtain licenses just like those who deal in traditional tobacco products and to impose a tax on vapor products. This Act also increases the tax on tobacco products. Specifically, this Act does the following related to tobacco product and vapor product taxes: (1) Increases the tax on cigarettes from $1.60 to $2.10 per 20 cigarette pack. (2) Increases the tax on all tobacco products other than vapor products, moist snuff, and cigarettes from 15% of the wholesale price to 30% of the wholesale price. (3) Imposes a tax of 5 cents per fluid millimeter of vapor product. (4) Increases the tax on moist snuff from 54 cents per ounce to 92 cents per ounce. This Act also increases the fees charged for retail tobacco product licenses and tobacco product vending machine licenses. 
Bill Status: Out of Committee in House


DHA Position: No Position

HB 245 - Grant-in-aid Committee

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Description:
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Bill Number: HB 245 
Description: An Act to amend Title 29 of the Delaware Code relating to Grant-in-aid Committee.  This bill is intended to provide the General Assembly with the ability to review and evaluate the performance and achievements of the grant-in-aid recipients.
Bill Status: Introduced and Assigned to House Administration Committee in House


DHA Position: No Position

HB 247 - Council on Services for Aging Adults with Physical Disabilities

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Description:
Status:
Bill Number: HB 247 
Description: An Act to amend Title 29 of the Delaware Code relating to the Council on Services for Aging Adults with Physical Disabilities.  This bill sets forth revisions to the composition of the Council on Services for Aging and Adults with Physical Disabilities.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 248 - Urgent Care Facilities

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Bill Number: HB 248 
Description: An Act to amend Title 29 of the Delaware Code relating to Urgent Care Facilities.  This Act removes from the definition of “free standing emergency departments” those emergency departments that are owned by an existing, licensed hospital in this State that has already been authorized and licensed to provide emergency services. This Act also makes technical changes.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 250 - Opioid Tax

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Description:
Status:
Bill Number: HB 250 
Description: An Act to amend Title 30 of the Delaware Code relating to Opioid Tax.  This Act imposes a tax on the first sale of opioids in the State at a rate of 10% of the purchase price. Prescription drugs used exclusively for the treatment of opioid addiction are excluded from the tax.
Bill Status: Introduced and Assigned to Revenue & Finance Committee in House


DHA Position: No Position

HJR 5 - Emergency room wait times

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Bill Number: HJR 5With HA 1 
Description: Relating to improving medical outcomes by establishing statewide metrics for emergency room wait times.  This resolution directs the Delaware Emergency Medical Services Oversight Council and the Office of Emergency Medical Services to establish statewide metrics for emergency room wait times, with such information being publicly reported on a regular basis and available to emergency responders.HA 1 clarifies the authority and scope of the work of the Delaware Emergency Medical Services Oversight Council
Bill Status: Passed in House
Assigned to Health Children & Social Services Committee in Senate


DHA Position: No Position

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

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Status:
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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Description:
Status:
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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Status:
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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Description:
Status:
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

HCR 19 - April 2017 as National Donate Life Month

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Status:
Bill Number: HCR 19 
Description: This concurrent resolution recognizes April 2017 as National Donate Life Month and recognizes the generosity of donors and their families. It further encourages all Delawareans to become designated organ, eye, and tissue donors.
Bill Status: House & Senate Passed.


DHA Position: No Position

HCR 28 - Speech-language pathologists and audiologists

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Bill Number: HCR 28 
Description: This Concurrent Resolution recognizes and commends speech-language pathologists and audiologists throughout this State for their work with citizens of this State to lead independent, productive, and fulfilling lives.
Bill Status: House & Senate Passed.


DHA Position: No Position

HCR 40 - November, 2017, as “Lung Cancer Awareness Month” in Delaware.

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Description:
Status:
Bill Number: HCR 40 
Description: This Resolution recognizes the month of November, 2017, as “Lung Cancer Awareness Month” in Delaware.
Bill Status: Passed in House & Senate


DHA Position: No Position

HCR 44 - week of September in 2017 as “Awareness Week for the Prevention, Recognition, and Treatment of Prenatal Substance Exposure in Infants and to Support Healthy Families in Delaware.

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Description:
Status:
Bill Number: HCR 44 
Description: This concurrent resolution designates the third week of September in 2017 as “Awareness Week for the Prevention, Recognition, and Treatment of Prenatal Substance Exposure in Infants and to Support Healthy Families in Delaware.
Bill Status: Passed in House


DHA Position: No Position

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

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


DHA Position: No Position

HR 13 - May 10, 2017 as "National School Nurse Day" in Delaware

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Description:
Status:
Bill Number: HR 13 
Description: This Resolution recognizes the important work of school nurses and declares May 10, 2017 as "National School Nurse Day" in Delaware.
Bill Status: House Passed


DHA Position: No Position

Senate Bills


SB 3 - Vital Statistics

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Bill Number: SB 3 
Description: An act to amend Title 16 of the Delaware Code relating to Vital Statistics.  This Act replaces the stillbirth certificate with a certificate of birth resulting in stillbirth, clarifies what documentation is required upon the occurrence of a stillbirth, and makes technical corrections to the Vital Statistics laws to accurately reflect current practices. This Act does not change the current reporting requirements regarding births or deaths. This Act shall be known as "Lorenzo's Law" in memory of Lorenzo Joseph DiSalvo who was born on July 3, 2016. Lorenzo is the son of Kimberly Ann DiSalvo and Chad William DiSalvo. His maternal grandparents are Thomas and Cheryl Favoroso and paternal grandparents are Joseph (deceased) and Marla DiSalvo.
Bill Status: Passed in Senate
Out of Committee in House


DHA Position: No Position

SS1 for SB 5 - Codifying U.S. Supreme Court Precedent relating to the Termination of Pregnancy

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Status:
Bill Number: SS1 for SB 5 
Description: An act to amend Title 24 of the Delaware Code Codifying U.S. Supreme Court Precedent relating to the Termination of Pregnancy.  The United States Supreme Court’s decisions in Roe v. Wade and subsequent cases established that access to abortion is a constitutional right and that states may not prohibit abortion prior to viability. As a result of these decisions, and the exercise of prosecutorial discretion by the Attorney General, see Del. Op. Att’y Gen. No. 73-030, § III (Apr. 12, 1973), the Delaware Code's prohibitions against abortion are unconstitutional, and thus unenforceable. This Substitute makes Delaware’s laws on abortion consistent with the scope of the right protected by the United States Constitution and the practice in Delaware for the past 43 years. In doing so, this Act permits the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly. This Substitute differs from Senate Bill No. 5 as follows: (1) It clarifies lines 31 through 34 related to fetal anomalies. (2) It notes, on lines 79 through 81, that informed consent for a procedure under this subchapter is required by § 4408-1.0 through 10.0, Title 16 of the Delaware Administrative Code. (3) It makes clear that nothing in this Substitute is to be construed to affect the continued effectiveness of the Parental Notice of Abortion Act, Subchapter VIII of Chapter 17 of Title 24 of the Delaware Code.
Bill Status:
Signed into Law 6/8/2017


DHA Position: No Position

SB 5 - Codifying U.S. Supreme Court Precedent relating to the Termination of Pregnancy

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Description:
Status:
Bill Number: SB 5 
Description: An act to amend Title 24 of the Delaware Code Codifying U.S. Supreme Court Precedent relating to the Termination of Pregnancy.  The United States Supreme Court’s decisions in Roe v. Wade and subsequent cases established that access to abortion is a constitutional right and that states may not prohibit abortion prior to viability. As a result of these decisions, and the exercise of prosecutorial discretion by the Attorney General, see Del. Op. Att’y Gen. No. 73-030, § III (Apr. 12, 1973), the Delaware Code's prohibitions against abortion are unconstitutional, and thus unenforceable. This Act modernizes Delaware’s laws on abortion to be consistent with the scope of the right protected by the United States Constitution and the practice in Delaware for the past 43 years. In doing so, this Act permits the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly.
Bill Status: Substituted in Senate by SS 1 for SB 5


DHA Position: No Position

SB 10 - Minimum Wage

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Status:
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: Out of Committee in Senate


DHA Position: No Position

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

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Status:
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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Description:
Status:
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

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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: Signed into Law 4/25/2017


DHA Position: No Position

SB 24 - Medical Marijuana

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Description:
Status:
Bill Number: SB 24With SA 1 
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.  SA 1 removes the provision adding anxiety to the list of debilitating conditions for which a person can be eligible for medical marijuana. 
Bill Status: Passed in Senate
Out of Committee in House


DHA Position: Oppose

SB 26 - Business Tax Credits and Deductions

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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

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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: Out of 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 35With SA 1 
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.  SA 1 corrects an incorrect reference; clarifies that the Compact is effective immediately because 10 states have adopted it; and provides a mechanism for coordinating the implementation of REPLICA in Delaware.
Bill Status: Passed in Senate.
Out of Committee in House


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: Passed in Senate

Out of Committee in House


DHA Position: Support

SB 40 - Insurance Company Disclosure Requirements

Number:
Description:
Status:
Bill Number: SB 40With SA 1 
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.  SA 1 removes references to the International Association of Insurance Supervisors.
Bill Status:
Passed in Senate
Out of Committee in House


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 the health benefit plan for the treatment of serious mental illnesses.
Bill Status: Signed into Law 5/30/2017


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: Substituted in Senate by SS 1 for SB 43


DHA Position: No Position

SS1 for SB 43 - Licensure Art of Therapists

Number:
Description:
Status:
Bill Number: SS1 for SB 43With SA 1 
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 placing control of the profession under the Board of Mental health and Chemical Dependency Professionals and amending Chapter 30 of Title 24 by adding Subchapter V. Professional Art Therapists. 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 Act also requires the Board of Mental Health and Chemical Dependency to appoint one or more credentialed volunteer art therapists to advise and assist the Board in matters pertaining to art therapists.  SA 1 clarifies that an Associate Art Therapist does not have to take the national certification exam prior to licensure. In addition, the Amendment inserts a grandfathering clause requiring those who had graduated with a master's degree prior to January 2013, to have a minimum of 48 graduate semester credit hours or 72 quarter-hour credits to qualify for licensure. The Amendment also adds an effective date of 180 days after its enactment in law. 
 
Bill Status: Passed in Senate


DHA Position: No Position

SB 44 - Uniform Controlled Substances Act

Number:
Description:
Status:
Bill Number: SB 44With SA 1 
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.  
SA 1 enhances the capabilities of the Prescription Monitoring Program, and the addition of the NPI numbers for dispensers and prescribers will eliminate the need for PMP staff to manually match and aggregate prescribers for analysis. 
Bill Status: Passed in Senate
Out of Committee in House


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: Awaiting the Governor's Signature


DHA Position: Support

SB 48 - Naloxone

Number:
Description:
Status:
Bill Number: SB 48With HA 1 
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.  HA 1 permits pharmacists to dispense naloxone without being subject to disciplinary or other adverse action under any professional licensing law, criminal liability, or liability related to injuries or death sustained in connection with dispensing the naloxone, unless it is established that the pharmacist caused injuries or death due to unreasonable care, willfully, wantonly, or by gross negligence. 
Bill Status: Awaiting Governor’s Signature


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

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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: Awaiting Governor's Signature


DHA Position: No Position

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

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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: Passed in Senate
Out of Committee in House


DHA Position: No Position

SB 59 - A Multistate Nurse Licensure Compact

Number:
Description:
Status:
Bill Number: SB 59With SA 1 
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.  SA 1 repeats the Compact's effective date (lines 445 through 448 of Senate Bill No. 59) to clarify that the current Chapter 19A of Title 24 remains in effect until the new Multistate Nurse Licensure Compact becomes effective. It also requires the Director of the Division of Professional Regulation to notify the Registrar of Regulations if the Compact becomes effective before December 31, 2018, because 26 states have adopted it.
Bill Status: Passed in Senate

Out of Committee in House


DHA Position: Support

SB 63 - Board of Nursing

Number:
Description:
Status:
Bill Number: SB 63With SA 1 
Description: An Act to amend Title 24 of the Delaware Code relating to the Board of Nursing. Section 1 updates the Delaware Code relating to the Board of Nursing (“Board”) by eliminating conflicting definitions of an “advanced practice registered nurse” in the Code, correcting inaccurate cross-references, and eliminating references to the Joint Practice Committee, a now defunct body, and replacing such references with the newly enacted Advanced Practice Registered Nurse Committee. Section 2 corrects the Delaware Code to use the correct defined term, “advanced practice registered nurse” rather than “advanced practice nurse,” which is deleted by Section 1 of this Act. Section 3 adds passage of the national examination to the qualifications for licensure as a registered nurse currently listed in § 1910, Title 24. Section 4 eliminates reference to the national examination for registered nurses in § 1911, Title 24. Section 5 makes a technical correction to make it clear that “state” and “territory” as referenced in § 1912, Title 24 means a state or territory of the United States. Additional changes of this type are made in Sections 8 and 12. Section 6 adds passage of the national examination to the qualifications for licensure as a licensed practical nurse currently listed in § 1914, Title 24. Section 7 eliminates reference to the national examination for licensed practical nurses in § 1915, Title 24. Each Section of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.   SA 1 (1) Clarifies the definition of an advanced practice registered nurse and eliminates redundant provisions in the current definition. (2) Adds a provision to the nursing statute mandating that all licensees self-report when they are arrested or convicted of a crime substantially related to the practice of nursing. (3) Further clarifies the endorsement provision for APRNs allowing the Board to grant licensure to highly qualified and experienced out of state nurses. Finally, while this Amendment cannot amend the synopsis of Senate Bill No. 63, it is noted that Section 13 of Senate Bill No. 63 does not alter the substantive meaning of § 1936(c) of Title 24, but rather corrects grammatical errors and awkward language.
Bill Status: Passed in Senate
Out of Committee in House


DHA Position: No Position

SB 65 - Conversion Therapy

Number:
Description:
Status:
Bill Number: SB 65 
Description: An Act to amend Titles 24 and 29of the Delaware Code relating to Conversion Therapy.  Conversion therapy is a practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy has been rejected by all mainstream medical and mental health organizations, and there is no credible evidence that it is effective. Moreover, this practice poses enormous health risks to LGBTQ youth, including an increased sense of shame, guilt, hopelessness, stress, and anger, thus increasing the risk of anxiety, depression, and self-harm. The harm done by conversion therapy can last well into adulthood. Therefore, this Act makes it unprofessional conduct or a ground for discipline for individuals granted a certificate to practice medicine under Chapter 17 of Title 24 or licensed under Chapter 19 of Title 24 (regarding nurses), Chapter 30 of Title 24 (regarding mental health and chemical dependency professionals), Chapter 35 of Title 24 (regarding psychologists), and Chapter 39 of Title 24 (regarding clinical social work examiners) to engage in conversion therapy with a child or to refer a child to a practitioner in another jurisdiction to receive conversion therapy. This Act also prevents the Department of Services for Children, Youth and Their Families from engaging in conversion therapy with a child or recommending that a child receive conversion therapy. Additionally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Status: Passed in Senate

Out of Committee in House


DHA Position: Support

SB 67 - Tobacco Products

Number:
Description:
Status:
Bill Number: SB 67 
Description: An Act to amend Titles 11 and 30 of the Delaware Code relating to Tobacco Products.  Tobacco traffickers move black market contraband cigarettes or other tobacco products purchased from low tax states to be sold in higher tax states, facilitated by individuals or through organized groups. The potential financial gain of tobacco smuggling is immediately apparent. Legal entities pay significant taxes on their product, including $1.01 per pack in federal excise tax; $1.60 per pack of 20 cigarettes and a 15% tax rate of the wholesale purchase price of other tobacco products in Delaware state tax; and typically $0.60 per pack to a settlement fund for health care costs incurred by the states because of tobacco use by their citizens. Manufacturers and distributors of contraband tobacco products reap substantial profits by avoiding federal and state excise taxes. Because of the tremendous profits often associated with cigarette trafficking, organized criminal groups use the proceeds to launder or conceal the proceeds of other criminal offenses. Delaware law currently allows up to 9 packs of cigarettes to be brought into the state without requiring them to be taxed by Delaware; all cigarettes over 9 packs must be taxed.  The current penalty for selling, acquiring, holding, owning, or possessing cigarettes is a fine of up to $1,000, imprisonment of up to 90 days in jail, or both. This Act establishes that offenses related to cigarette trafficking are class G felonies, and increases the penalties for cigarette trafficking as follows (“the updated penalties”): (1) For the first offense, by a fine of not less than $250 per package but not more than $10,000 total, imprisonment of up to 2 years, or both. (2) For a subsequent offense, by a fine of not less than $350 per package but not more than $30,000 total, imprisonment of up to 2 years, or both. (3) Mandatory seizure of a vehicle used in the first or subsequent offenses. This Act also increases from 10 to 20 the number of packs of cigarettes a person may possess on which the Delaware tax has not been paid or tax stamp has not been affixed. This Act takes effect 60 days after the date of enactment.
Bill Status: Out of Committee in Senate


DHA Position: No Position

SB 68 - Emergency Planning & Community Right to Know Act

Number:
Description:
Status:
Bill Number: SB 68 
Description: An Act to amend Title 16 of the Delaware Code relating to the Emergency Planning & Community Right to Know Act.  The primary purpose of this bill is to provide for an increase in fees collected with annual hazardous chemical inventory reports submitted by facilities. The bill also makes certain technical corrections. Sections 1 and 2 of the bill add the term “safety data sheets,” where applicable, so that the terminology in Chapter 63, Section 3 of this bill would increase the current fee per hazardous chemical from $40 to $60, and per extremely hazardous substance from $80 to $100, starting in 2018. Existing fee amounts are maintained for reports submitted late for back years. The fees were originally established in 1991, and have remained unchanged for 26 years. Section 4 of this bill removes an unneeded provision that conflicts with the purpose of the fees as stated within Chapter 63. Section 5 inserts an exemption provision omitted when Chapter 63 was originally established, and provides alignment with related federal reporting requirements.
Bill Status: Passed in Senate
Out of Committee in House


DHA Position: No Position

SB 75 - Trafficking of an Individual, Forced Labor, and Sexual Servitude

Number:
Description:
Status:
Bill Number: SB 75 
Description: An Act to amend Title 11 of the Delaware Code relating to Trafficking of an Individual, Forced Labor, and Sexual Servitude.  This Act updates Delaware's human trafficking crime to prohibit the same acts that are included in the federal Justice for Victims of Trafficking Act of 2015.  HA 1 which removes patronizes from the acts being added to Delaware's human trafficking crime to avoid confusion because the crime of patronizing a victim of sexual servitude already exists in this statute, in paragraph (b)(4) was placed with the Bill.
 
Bill Status: Passed in Senate
Out of Committee in House


DHA Position: No Position

SB 100 - Coverage for Serious Mental Illness and Drug and Alcohol Dependency

Number:
Description:
Status:
Bill Number: SB 100 
Description: An Act to amend Title 18 of the Delaware Code relating to Coverage for Serious Mental Illness and Drug and Alcohol Dependency.  Individuals who receive health care via Medicaid deserve the same dedication to treatment of substance abuse disorders as individuals who receive health care via private insurance. This Act extends the same access to treatment of a substance use disorder within the Medicaid framework that Senate Bill 41 of the 149th General Assembly afforded to individuals covered by private health insurance. This Act also clarifies that Medicaid health plans must use the full set of American Society of Addiction Medicine criteria when determining whether “medical necessity” exists for the placement, continued stay, and transfer/discharge of patients with a substance use disorder in treatment programs. Additionally, this Act aligns protections relating to services, specifically 5 days of treatment in detox centers and 30 days of treatment in Intensive Outpatient Programs, with the residential treatment option that is protected pursuant to Senate Bill 41 of the 149th General Assembly.
Bill Status: Stricken in Senate


DHA Position: No Position

SB 101 - Retired Research Animals

Number:
Description:
Status:
Bill Number: SB 101 
Description: An Act to amend Title 16 of the Delaware Code relating to Retired Research Animals.  Every year, over 100 million animals are used as subjects of scientific and medical research, as well as for educational purposes. This Act requires research facilities that receive public funding to offer their cats and dogs for adoption instead of euthanizing them when they are no longer needed. Permitting private placement adoptions allows students or staff members of the institution to adopt these animals directly without waiting for a formal adoption process through the rescue organization or shelter. For dogs and cats not adopted by students or staff, this Act creates a clear path to transition cats and dogs from the laboratory or testing facility to an adoption center by requiring the research institution to enter into a contract with an animal rescue group or shelter that can offer these animals the possibility of living out the rest of their lives in a loving home.SA 1 which removes the immunity provision from SB 101, and SA 2 which allows research facilities the option of contracting with another organization to comply with this Act and also allows a research facilities to operate their own adoption program, were placed with the Bill.
 
Bill Status: Out of Committee in Senate


DHA Position: No Position

SB 105 - Child Helmet Requirements

Number:
Description:
Status:
Bill Number: SB 105With SA 1 
Description: An Act to amend Title 21 of the Delaware Code relating to Child Helmet Requirements.  Persons under age 18 must wear a helmet when operating or riding as a passenger on a bicycle, motorized skateboard or scooter, all terrain vehicle (ATV), off-highway vehicle (OHV), or electric personal assistive mobility device (EPAMD). See Title 21 Del. C. §§ 4198K, 4198N, 6823, and 4098O respectively. This bill would achieve consistency by requiring moped and triped operators and passengers to wear a helmet if under age 18. This legislation is an initiative of the State Council for Persons with Disabilities Brain Injury Committee to reduce the incidence of brain injuries among minors.  SA 1 is a technical amendment to make the bill consistent with the drafting manual.
Bill Status: Passed in Senate

Assigned to Public Safety & Homeland Security Committee in House



DHA Position: No Position

SB 109 - Coverage for Serious Mental Illness and Drug and Alcohol Dependency

Number:
Description:
Status:
Bill Number: SB 109 
Description: An Act to amend Title 18 and Title 31of the Delaware Code relating to Coverage for Serious Mental Illness and Drug and Alcohol Dependency.  Individuals who receive health care via Medicaid deserve the same dedication to treatment of substance abuse disorders as individuals who receive health care via private insurance. This Act extends the same access to treatment of a substance use disorder within the Medicaid framework that Senate Bill 41 of the 149th General Assembly afforded to individuals covered by private health insurance, except that a 72 hour supply instead of 5 day supply of emergency medication is required. This Act also clarifies that Medicaid health plans must use the full set of American Society of Addiction Medicine criteria when determining whether “medical necessity” exists for the placement, continued stay, and transfer/discharge of patients with a substance use disorder in treatment programs. Additionally, this Act aligns protections relating to services, specifically 5 days of treatment in detox centers and 30 days of treatment in Intensive Outpatient Programs, with the residential treatment option that is protected pursuant to Senate Bill 41 of the 149th General Assembly.
Bill Status: Passed in Senate

Out of Committee in House


DHA Position: No Position

SB 111 - Establishment of the Behavioral Health Consortium

Number:
Description:
Status:
Bill Number: SB 111With SA 1 
Description: An Act to amend Title 16 of the Delaware Code relating to the Establishment of the Behavioral Health Consortium.  This bill establishes the Behavioral Health Consortium that will provide oversight and coordination of the State’s private and public bodies to address behavioral health issues in Delaware.  SA 1 makes changes based on stakeholder feedback and offers clarification of the legislative intent pertaining to the education community. Specifically, it identifies the DOE as an agency that the Consortium will engage with to gather specific expertise and it clarifies that the representative of the education community must be someone who works directly to improve behavioral health in a Delaware school district.
Bill Status: Passed in Senate


DHA Position: No Position

SB 120 - Nursing Facilities and Similar Facilities

Number:
Description:
Status:
Bill Number: SB 120 
Description: An Act to amend Title 16 of the Delaware Code relating to Nursing Facilities and Similar Facilities.  This bill would prevent an employer operating a nursing facility or similar facility from employing or continuing to employ a person with an adjudication of delinquency deemed disqualifying by DHSS's regulations.
Bill Status: Introduced and Assigned to Health Children & Social Services 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

SCR 23 - May 2017, Cystic Fibrosis Awareness Month in Delaware

Number:
Description:
Status:
Bill Number: SCR 23 
Description: This Resolution proclaims May 2017, Cystic Fibrosis Awareness Month in Delaware.
Bill Status: Senate & House Passed


DHA Position: No Position

SCR 24 - May 2017 as “Healthy Vision Month

Number:
Description:
Status:
Bill Number: SCR 24 
Description: This concurrent resolution recognizes the month of May 2017 as “Healthy Vision Month” in the State of Delaware.
Bill Status: Passed in Senate & House


DHA Position: No Position

SCR 25 - Month of May is Melanoma and Skin Cancer Detection and Prevention Month in Delaware

Number:
Description:
Status:
Bill Number: SCR 25 
Description: This resolution continues to raise awareness that the month of May is Melanoma and Skin Cancer Detection and Prevention Month in Delaware and celebrates new research predicting lower melanoma rates.
Bill Status: Passed in Senate & House


DHA Position: No Position

Previous Delaware General Assembly Legislation
Legislative Terms

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