Delaware Bills

signed · Delaware · House Jul 21, 2017

HB 202: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO HORSE RACING.

This Act addresses new requirements on fingerprinting and criminal history reports from the Federal Bureau of Investigation and allows the Thoroughbred Racing Commission to continue its long standing practice of obtaining fingerprints and criminal history reports from the State Bureau of Information for individuals seeking to be licensed to participate in horse racing in Delaware.

signed · Delaware · House Jul 21, 2017

HB 211: 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.

signed · Delaware · Senate Jul 21, 2017

SB 87: AN ACT TO AMEND TITLES 13 AND 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL ENROLLMENT OF CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.

This Act updates the school stability law for children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) following passage of the federal Every Student Succeeds Act (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). ESSA requires Delaware to eliminate the provision “awaiting foster care placement” under § 202(c), Title 14 in accordance with the federal McKinney Vento Homeless Assistance Act by December 10, 2017, and instead create a distinct provision regarding school stability for children in the custody of DSCYF. [42 U.S.C. §§ 11431 to 11435; ESEA section 1111(g)(1)(E)(i)-(iii)), 20 U.S.C. §6311(g)(1)(E)]. This Act clarifies that children in the custody of DSCYF remain entitled to attend their school of origin if it is in their best interests to do so, or are eligible for immediate enrollment in a new school. Sections 1, 2, and 3 of this Act take effect on the effective date of final regulations published in the Register of Regulations and promulgated under authority granted by § 202A(d) of Title 14, which is created by Section 2 of this Act.

signed · Delaware · Senate Jul 21, 2017

SB 55: 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.

signed · Delaware · Senate Jul 21, 2017

SB 73: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS.

This Act provides clearer language concerning license requirements, gives licensees a much clearer understanding of prohibited acts, discipline and penalties; and grants the ability of the Professional Licensing Section to promulgate regulations, and additional powers needed to oversee this chapter.

signed · Delaware · House Jul 21, 2017

HJR 4: ESTABLISHING DELAWARE CERTIFICATES OF MULTI-LITERACY TO HONOR AND RECOGNIZE DELAWARE HIGH SCHOOL STUDENTS WHO HAVE ATTAINED HIGH LEVELS OF PROFICIENCY IN ONE OR MORE WORLD LANGUAGES IN ADDITION TO ENGLISH.

This resolution requires a Delaware Certificate of Multi-literacy be established. The criteria for such certificate is to be developed by the Department of Education no later than August 30, 2017.

signed · Delaware · House Jul 21, 2017

HB 167: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING THE SALE OF COOKING WINE AND ALCOHOLIC LIQUORS.

“Cooking wine” contains alcohol but has been exempted from alcohol regulation by the federal government (Alcohol and Tobacco Tax and Trade Bureau) and many states as long as it contains no more than 20% alcohol by volume and no less than 1.5% salt, thereby making it unfit for beverage consumption. This Act adds cooking wine to the list of exempted liquids from the alcohol regulation. This Act provides that DATE may investigate allegations of misuse of § 725 of this title and refer the matter to the Commissioner for a hearing if the manufacturer or seller disagrees with DATE’s determination.

signed · Delaware · Senate Jul 21, 2017

SB 39: AN ACT TO AMEND TITLE 24 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. Specifically, the Act add a duty to report unprofessional conduct to Respiratory Care Practitioners, permits the Genetic Counselor Advisory Council and the Regulatory Council for Physician Assistants to waive their quarterly meeting requirement with the approval of the Board; clarifies that temporary licenses may be granted by each of the councils under the signature of the Executive Director and the council chair; and permits council members appointed to fill vacancies to serve out those vacancies, along with two three-year terms. The language submitted for this Act has not been corrected to conform the Act to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 21, 2017

HB 173: AN ACT TO AMEND TITLE 11, 16 AND 29 OF THE DELAWARE CODE RELATED TO DANGEROUS ANIMALS AND ANIMAL WELFARE LAWS.

This bill further consolidates animal welfare law enforcement roles and responsibilities under Title 16. The Office of Animal Welfare enforces all animal control and animal cruelty laws of this state. Upon the transfer of such responsibilities to the Office of Animal Welfare, officers were given greater enforcement authority than previously assigned under the Delaware State Constable Board. As such, animal welfare officers were removed from the Board’s oversight and the additional laws enforced previously as constables need to be added to the section of the code that defines officer authority, specifically when enforcing animal fighting laws and laws pertaining to dangerous animals. Other laws, like the dog control law, needed to be brought up to date with current Office of Animal Welfare authority. Additionally, the bill updates the Dangerous Dog Law to allow for more thorough investigation prior to civil filings, adds code provisions concerning dogs that repeatedly attack or threaten to attack people and animals in the community, creates steps for ensuring compliance to court rulings, and establishes a deadline for filing appeals after dangerous dog (with euthanasia) rulings.

vetoed · Delaware · House Jul 20, 2017

HB 85: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.

This bill eliminates the use of an enrollment preference for students living within a 5-mile radius of a charter school. This change was supported by a majority vote of the Enrollment Preferences Task Force established by House Bill No. 90 of the 147th General Assembly. The Act will take effect immediately. For any charter school using the 5-mile preference at the time of enactment, the school is required to eliminate the preference through notification to the authorizer prior to the 2018-2019 school year. The bill allows a new preference for students located in the portion of the regular school district that is geographically contiguous with the location of the charter school.

signed · Delaware · Senate Jul 20, 2017

SB 48: 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.

signed · Delaware · House Jul 19, 2017

HB 94: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF LIBRARIES.

This bill updates the statute governing the Delaware Division of Libraries, revising terminology to reflect the varied roles of Delaware libraries in the 21st Century. The bill also codifies existing responsibilities of the Division of Libraries related to coordination of state library technology.

Bill results