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signed · Delaware · House Jun 3, 2021

HB 55: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE GUN SHOP PROJECT.

In 2009, New Hampshire was the first state to develop a statewide "Gun Shop Project," reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project's primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for dealers and consumers of licensed deadly weapons in Delaware. The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Project's annual report in the Coalition's annual report. The Division of Substance Abuse and Mental Health, which staff the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sarah McBride (D) Kim Williams (D) Val Longhurst (D) Bryan Townsend (D) Sean Matthews (D) · 29 co-sponsors
in committee · Delaware · House Jun 3, 2021

HB 208: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS AND HEARING AID DISPENSERS.

This Act establishes updated, detailed standards for the practice of hearing aid dispensing. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. The Board is given the authority to establish by rule and regulation standards for the sale of hearing aids. This Act will provide clarity and guidance for the public and for hearing aid dispensers. These changes track statutory language used in neighboring states, such as Maryland, Pennsylvania, and New Jersey. This Act clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act states that a hearing aid applicant may be supervised by either an audiologist or hearing aid dispenser during the training period. This Act amends provisions relating to examination to comport with current practice. This Act provides that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act requires licensees to update their addresses with the Board. Finally, this Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Madinah Wilson-Anton (D) Kyle Gay (D) · 4 co-sponsors
signed · Delaware · Senate Jun 3, 2021

SB 23: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act creates a special license plate for those citizens who wish to support pollinator habitat creation and conservation. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.
Stephanie Hansen (D) Dave Sokola (D) Debra Heffernan (D) · 7 co-sponsors
signed · Delaware · House Jun 3, 2021

HB 4: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RABIES CONTROL.

Section 1 clarifies the definitions for animal exposed to rabies, control and observation, exotic animals, human exposed to rabies, owner, rabid animal, rabies vector species, strict quarantine, scratch, and suspect rabid animal. Section 2 clarifies the reporting requirements for a medical practitioner, hospital, veterinarian, or other person with knowledge of a person or animal suspected of being exposed to rabies. Section 3 requires veterinarians providing rabies vaccines to be licensed veterinarians and removes the Department of Natural Resources and Environmental Control from the list of entities authorized to inspect a cat or ferret owner’s certificate of a valid rabies vaccination. Section 4 provides that no licensed veterinarian or other person may vaccinate a native wild animal, a native wild animal hybrid, an exotic mammal or an exotic mammal hybrid with a rabies vaccine not intended for use in that animal except when specifically approved by the Department of Agriculture. Section 6 modifies the requirements for management of animals exposed to rabies including requirements for reports of suspected rabies exposure, requirements for release of quarantine, reporting of conditions of quarantine, disposition during quarantine, and surrender of dogs, cats, or ferrets for quarantine. Section 7 clarifies the responsibility and liability of an owner of an animal known or suspected to have exposed a human to rabies. Section 7 also establishes that law enforcement canines are not subject to being quarantined after biting a person if such bit occurred while the dog was being used for a law enforcement purpose. Section 10 removes the provision allowing the Director of Division of Public Health to require the reporting of all cases where humans were bitten by an animal known to transmit rabies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.
Bill Carson (D) Bruce C. Ennis (D) · 3 co-sponsors
signed · Delaware · House Jun 3, 2021

HB 73: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND PAROLE RECOMMENDATONS FOR HOUSE ARREST.

This Act reflects a recommendation of the 2019 Comprehensive Reentry Plan and Progress Report which allows the Department of Corrections, Probation and Parole officers the flexibility to recommend to a court house arrest (Level IV home confinement) for any probation violator in appropriate circumstances. Under current law, Probation and Parole may not recommend house arrest (Level IV home confinement) for a person who violates probation if the person was initially convicted of a “violent crime.” Accordingly, recommendations pertaining to probation violations for persons convicted of a “violent crime” are limited to Levels 1-3 (a lower level of supervision) or Level V (incarceration) which may be excessive and costly. The Act also makes non-substantive changes to existing law to make it conform to the Legislative Drafting Manual.
Melissa Minor-Brown (D) Eric Morrison (D) Marie Pinkney (D) · 4 co-sponsors
signed · Delaware · Senate Jun 3, 2021

SB 76: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS.

This Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths. This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity.
Stephanie Hansen (D) Sarah McBride (D) David Bentz (D) Laura Sturgeon (D) Bryan Townsend (D) · 15 co-sponsors
signed · Delaware · Senate Jun 3, 2021

SB 41: AN ACT TO AMEND THE CHARTER OF THE TOWN OF GEORGETOWN RELATING TO ELECTIONS.

This Act amends the Charter of the Town of Georgetown to more closely align with State municipal election requirements. This Act also adjusts the timing for the filing of Statements of Candidacy to be reflective of and in alignment with other timelines. This Act modernizes notice requirements to utilize the Town website, which will provide broader notice to the public. This Act also amends the procedure for handling an election resulting in a tie vote; a tie vote will be resolved by special election, rather than a decision by the Board of Elections, to promote a democratic resolution. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Brian Pettyjohn (R) Ruth Briggs King (R) · 2 co-sponsors
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