Delaware Bills

signed · Delaware · House Jun 18, 2019

HB 105: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE CONTRACTS.

Step therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication. This Act does not apply to state or federal governmental plans.

Melissa Minor-Brown (D) Nicole Poore (D) David B. McBride (D) · 20 co-sponsors

in committee · Delaware · House Jun 14, 2019

HB 227: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO KENT COUNTY ZONING.

Zoning laws address what land uses are allowed in a zoning district. In Kent County, many uses are not automatically allowed but may be allowed as conditional uses. This bill makes it clear that a use not automatically allowed or prohibited must be considered as a conditional use.

in committee · Delaware · House Jun 14, 2019

HB 117: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF HARMFUL FLAME RETARDANTS.

This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. This Act does not apply to the resale of these items. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act takes effect on July 1, 2020. Like House Substitute No. 1 for House Bill No. 117, this Act makes technical changes to House Bill No. 117 for internal consistency and for consistency with other provisions of the Code. This Substitute differs from House Substitute 1 for House Bill No. 117 as follows: 1. It allows the electronic components within children’s products and upholstered furniture to contain the prohibited chemicals. 2. Revises the definition of “flame retardant chemical” to include only the harmful chemicals prohibited under this Act. 3. Makes additional technical corrections.

in committee · Delaware · House Jun 14, 2019

HB 224: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.

This bill expands upon the companion bill (House Bill No. 130 as amended of the 150th General Assembly) relating to the use of single-use plastic bags. This bill prohibits the use of single use paper bags and works to lessen consumption of single use bags in favor of having consumers utilize reusable bags. The purpose of the bill, as detailed in the preamble, is to further clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on certain stores providing single-use paper bags at check-out.

passed both · Delaware · Senate Jun 13, 2019

SCR 20: HONORING USO DELAWARE FOR ITS IMPORTANT AND INSPIRING WORK SUPPORTING MILITARY MEMBERS AND THEIR FAMILIES.

This resolution honors USO Delaware for their important and inspiring work supporting military members and their families.

passed both · Delaware · House Jun 13, 2019

HCR 49: RECOGNIZING THE YOUNG MEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2019 SESSION OF DELAWARE'S BOYS STATE.

This Resolution recognizes the young men participating in the 2019 session of Delaware's Boys State and commends its sponsor, the American Legion Department of Delaware.

in committee · Delaware · House Jun 13, 2019

HB 223: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE SCHOOL DISTRICTS, VOCATIONAL SCHOOL DISTRICTS, CHARTER SCHOOLS AND THE SCHOOL CHOICE PROGRAM.

Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.

signed · Delaware · Senate Jun 13, 2019

SB 27: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.

This Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.

Paul Baumbach (D) · 21 co-sponsors

in committee · Delaware · House Jun 13, 2019

HB 189: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE FAMILY COURT OF THE STATE OF DELAWARE.

This Act adds to the definition of “abuse” conduct that constitutes the violations of: - Driving a vehicle while under the influence or with a prohibited alcohol or drug content, as defined in Title 11. - Violation of privacy as it is defined in Title 11 and relates to the nonconsensual dissemination of visual depictions containing nudity or sexual acts, conduct popularly referred to as “revenge porn.” This Act also adds to the definition of “interference with custody” conduct that encompasses withholding a child in contravention of a child custody order.

in committee · Delaware · House Jun 13, 2019

HB 217: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO POST-EMPLOYMENT RESTRICTIONS ON FORMER MEMBERS OF THE GENERAL ASSEMBLY.

This Act is intended to promote, maintain, and bolster the public’s confidence in the integrity of State government, particularly as it relates to the employment of former members of the General Assembly within State government. This Act achieves this goal by prohibiting a former member of the General Assembly from being appointed to or employed in a position in a State agency for 1 year after the former member’s final term of office if either of the following applies: (1) The position was created during the former member’s final term of office. (2) The compensation for the position was increased, other than by an appropriation by the General Assembly that applies to all similarly situated State employees, during the former member’s term of office and the former member did not hold the position during the former member’s term of office. Existing law provides that a former member who knowingly or wilfully violates this Act is guilty of a misdemeanor and may be punished by imprisonment of not more than 1 year and by a fine not to exceed $10,000.

in committee · Delaware · Senate Jun 13, 2019

SB 157: AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORATION NETWORK COMPANIES.

This bill requires Transportation Network Company (“TNC”) drivers to affix permanent license plates clearly displaying their license plate number to the front of their vehicle. This bill also requires that TNC drivers display an illuminated sign so as to identify the vehicle as a TNC vehicle at night. Further, this bill creates a requirement that once a TNC driver ceases to be employed or work for a TNC, that driver must return any illuminated signs provided by the TNC. If a TNC driver fails to do so, the TNC is required to report in writing that driver’s name and last physical address to the Delaware Transit Corporation.

signed · Delaware · House Jun 13, 2019

HB 94: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT LIENS ON INSURANCE CLAIM PAYMENTS.

This Act will increase payments of child support arrears or retroactive support from payments for settlements and awards from negligence, personal injury, and workers compensation cases by requiring that all insurers share information with an insurance claim data collection organization. The Division of Child Support Services ("Division") uses an insurance claim data collection organization to match individuals who are in arrears on child support or who owe retroactive child support with individuals with insurance claims based upon negligence, personal injury, or workers' compensation cases. The data collection organization performs a data match of the claimants provided by insurers and child support obligors provided by the Division. The data collection organization provides reports of matches to the Division so that the Division can issue a lien against the insurance claim to collect the child support arrears or retroactive support. Currently, some insurers voluntarily submit claim information to the insurance claim data collection organization and in 2018, $424,977 in unpaid child support was collected through this process. This Act requires that all insurers submit claim information to the insurance claim data collection organization and is expected to collect an additional $150,000 - $200,000 in unpaid child support. This Act also allows written notice of a lien or action to perfect the lien to be sent by electronically or by first class mail to conform to industry practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results