Delaware Bills

signed · Delaware · House Jun 30, 2021

HB 265: AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2022 APPROPRIATIONS ACT; AMENDING THE FISCAL YEAR 2022 ONE-TIME SUPPLEMENTAL APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2022. Section 1 – Government Units and Senior Centers $27,599,217 Section 2 – One-Times and Community Agencies $28,158,601 Section 3 – Fire Companies $7,059,096 Section 4 – Veterans Organizations $431,348 GRAND TOTAL $63,248,262

signed · Delaware · House Jun 30, 2021

HB 250: AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2022 Appropriations Act.

signed · Delaware · House Jun 30, 2021

HJR 5: THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2021.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2021.

signed · Delaware · Senate Jun 30, 2021

SB 56: AN ACT TO AMEND THE DELAWARE CODE RELATING TO EDUCATIONAL OPPORTUNITY FUNDING.

This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools.

signed · Delaware · Senate Jun 30, 2021

SB 200: A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2022; 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 TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2022 Bond and Capital Improvements Act.

signed · Delaware · Senate Jun 30, 2021

SB 7: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BAIL.

This substitute bill incorporates the provisions of Senate Amendment 2 to the original bill, including reiterating in the Whereas statements the existing law that requires persons arrested for a violent felony while out on bail awaiting trial for a previous violent felony to be held without bail. It also updates the language regarding the courts' obligation to review bail to reflect current practice and requires reporting on such cases and racial impact by the Criminal Justice Council in its annual report. Finally, it provides a sunset provision so that the bill expires when the constitutional amendment regarding bail is enacted.

signed · Delaware · House Jun 23, 2021

HB 160: AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PRESERVING TELEHEALTH AND ADOPTING THE INTERSTATE MEDICAL LICENSURE COMPACT.

This Act, known as the Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter applicable to all health-care providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic. The Act carries through many of the changes embodied in the Covid-19 telehealth legislation passed by the 150th General Assembly in 2020 (HS 1 for HB 348 with HA1, signed 7/17/20), which will otherwise expire on July 1, 2021. The changes made in HB 348 that are made permanent by this Act include: 1. Removing all existing Title 24 statutory requirements that patients present in-person before telemedicine services may be provided. This Act continues the suspension of those requirements, but specifies that the requirement that a patient present in-person prior to the delivery of telemedicine services and telehealth is excused only under circumstances rendering an in-person examination impractical or when there is already an existing relationship established. 2. Modernizing the modality of permissible telemedicine and telehealth services; instead of limiting telehealth to interactions that must involve both audio and visual technology; this Act preserves flexibility for situations where patients do not have access to broadband connections or smartphones and need to consult with a physician by landline or audio-only cell phone, subject to existing professional standard of care requirements. Audio and visual visits will continue to be the preferable method for delivery of telehealth and telemedicine services. This Act also consolidates telehealth and telemedicine scope of practice, which currently appear in each separate chapters of Title 24 pertaining to regulated practitioners in order to provide consistent telehealth practice across license categories. This is increasingly important for facilitating integrated health-care services delivery, but it does not limit any of the existing authority of the State’s professional licensing boards in Title 24 to regulate their respective licensed professions and occupations. This Act adopts the Interstate Medical Licensure Compact (IMLC) in Delaware, joining the 29 States that are already members of the IMLC, including many of our neighboring states (Maryland is a member; Pennsylvania is in process of implementing the Compact; New Jersey has introduced IMLC legislation). https://www.imlcc.org/participating-states/ The long-term benefits of telehealth are best realized when accompanied by cross-state medical licensure capabilities available through adoption of the Interstate Medical Licensure Compact. The Compact creates a voluntary, expedited pathway to state licensure for physicians who want to practice medicine in multiple states. An eligible physician can qualify to practice medicine in multiple states by completing one application within the Compact, and receipt of separate licenses from each state in which the physician intends to practice. The Compact does not change the scope of Delaware’s authority to regulate physician practice under the existing Medical Practice Act. It simply creates another pathway for licensure.

signed · Delaware · House Jun 17, 2021

HB 198: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BLACK HISTORY EDUCATION.

This Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12. This Act incorporates contemporary events into discussions of Black History and the tools of experience.

signed · Delaware · House Jun 15, 2021

HB 84: AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY RELATING TO TOWN COUNCIL, MUNICIPAL ELECTIONS, AND ORGANIZATION OF TOWN COUNCIL.

This bill removes from §C-5 (Town Council) of the Charter of the Town of South Bethany sections regarding qualifications of Town Council Members, terms of office, and Prohibition of Employment with the Town and relocates the sections to §C-6. It also amends §C-6 (Municipal Elections) to conform with the mandatory provisions of Delaware Code, Chapter 75 of Title 15 of the Delaware Code (entitled “Municipal Elections); adds a requirement that the Town post a Notice of Solicitation of Candidates at least 20 days prior to the Town’s candidate filing deadline; changes the Town’s Notice of Election requirement to include posting such notice on the Town website and one newspaper of general circulation, while no longer requiring notice to be posted in 5 public places; changes the date of the annual election for municipal offices to the second Saturday in May; renames all references of “Freeholder” to “Property Owner”; removes “spouse of a freeholder” as a qualification to vote in an election; denies Trusts, Corporations, Partnerships and Limited Liability Corporations (LLCs) the right to vote; revises the definition of “resident of town” to include a person who has physically resided in the town corporate limits for at least 30 days prior to the election; requires persons appearing to vote to present proof of identity and address; allows personal recognition of a voter by a majority of Election officers at the polling place to attest to a voter’s identity and address; removes the requirement a Notice of Intention of Candidacy be filed 45 days before the election; requires the Town to submit the names of candidates to the Department of Election within one day of the filing deadline; allows the Mayor to call a Special Meeting regarding candidate eligibility 20 days before the election; requires a candidate for a municipal office to file a Certificate of Intention establishing a campaign committee with the State Election Commissioner; allows the Board of Elections to declare candidates elected where the number of qualified candidates are equal to or less than the number of seats up for election; adds a provision barring members of the Board of Elections from being elected officials or immediate family members of elected officials; and adds new procedures for Election Day. The bill also removes references to Town Aldermen; removes the option of the Town Council Secretary and Treasurer not being members of the Town Council; renames the President pro-tempore as the Mayor pro-tempore; further expands the definition of “sudden emergency”; allows the City Treasurer to be assisted by Town Staff in their responsibilities; removes the requirement that an audit of town funds be performed upon the expiration of a Treasurer’s term in office; requires a member to pay at the member’s own expense if they retain counsel at a hearing for a forfeiture of office; requires notice requirement of Special Meetings be made in accordance with the provisions of the Delaware Freedom of Information Act; and authorizes the Town Council to allow participation and vote by remote electronic access to the extent permitted by a state of emergency and the Delaware Freedom of Information Act. This Act requires a greater than majority vote for passage because §1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.

signed · Delaware · House Jun 15, 2021

HB 111: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE DISCRIMINATION BASED ON PRE-EXPOSURE PROPHYLAXIS MEDICATION TO PREVENT HIV INFECTION.

Individuals who are at very high risk of getting HIV can take pre-exposure prophylaxis (“PrEP”) medication to reduce the risk of HIV transmission. PrEP medication reduces the risk of HIV transmission by up to 99% if taken daily. This Act prohibits discrimination because an individual takes PrEP medication in the issuance or renewal of disability, long-term care, and life insurance.

signed · Delaware · Senate Jun 15, 2021

SB 44: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION.

This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jun 15, 2021

HB 95: AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF EPINEPHRINE AUTOINJECTORS.

This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.

Bill results