Delaware Bills

signed · Delaware · Senate Sep 10, 2021

SB 88: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK AND THE PROTECTION AND USE OF INFORMATION.

This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes. This Act largely tracks current law regarding the use of health care claims data that DHIN holds. It requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish. This Act maintains and enhances language that requires DHIN to disclose individually-identifiable patient information only with direct patient consent or for purposes permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations (“HIPAA”). This Act also provides additional protections to consumers, by codifying DHIN’s general practice of providing Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Sep 10, 2021

SB 128: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK CHAPTER.

This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's (“JLSOC”) task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended amending the Delaware Health Information Network's ("DHIN") chapter to conform existing law with the standards of the Delaware Legislative Drafting Manual. This Act makes technical corrections to the DHIN chapter, including the following: - Using active voice where possible. - Using the singular where appropriate since, under § 304 of Title 1, “words used in the singular include the plural.” - Converting block paragraphs into lists where possible, without changing the substance of the existing law, to enhance clarity and readability. - Replacing “party” with “person” for consistency since, under § 302 of Title 1, “person” is defined as including “corporations, companies, associations, firms, partnerships, societies and joint-stock companies, as well as individuals.” This Act makes one substantive change to DHIN's chapter, in clarifying the circumstances under which the Governor may suspend or remove a member or otherwise consider a member as having resigned from the DHIN Board of Directors. Under this Act, the provision relating to suspension, removal, or resignation of a DHIN Board member is updated to be consistent with similar provisions for other boards. Section 8 of this Act does not take effect if Senate Bill No. 88 of the 151st General Assembly is enacted into law before January 1, 2023, and § 10312(3), Title 16 of Section 11 of this Act does not take effect if Senate Bill No. 119 of the 151st General Assembly is enacted before January 1, 2023. Both SB 88 and SB 119 are also the result of JLOSC’s review of DHIN, and both address substantive matters. The enactment of SB 88 or SB 119 override the technical corrections made in this Act, and the effective date clauses in Sections 15 and 16 of this Act reflect that policy. This Act takes effective the January 1 after its enactment, to accommodate the enactment of the other bills currently pending before the 151st General Assembly relating to JLOSC’s review of DHIN.

signed · Delaware · House Sep 10, 2021

HB 221: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF KENT COUNTY GOVERNMENT.

This Act codifies procedure for the appointment of a County Administrator by the Kent County Levy Court and specifies the powers and duties of that position. Section 2 of the Act strikes Section 5001 of Title 9 relating to Kent County because it is a duplicate of existing Section 4117 of Title 9. Section 3 strikes 4112 relating to employment of county officers, as authority over hiring is now vested in the County Administrator pursuant to new Section 4108(d)(1). Section 4 updates the provision relating to the Kent County Engineer so that position is hired by the County Administrator rather than the Levy Court.

signed · Delaware · Senate Sep 8, 2021

SB 171: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES.

This Act provides additional procedures necessary to ensure that incarcerated individuals who were residents of Delaware immediately before their date of incarceration are counted for reapportionment and redistricting purposes at their last known residence as required by law. Specifically, this Act does the following: 1. Clarifies that this law applies to individuals incarcerated in a state correction facility in Delaware. 2. Designates the Department of Elections as the state agency in charge of geocoding the last known residence of these incarcerated individuals. 3. Requires the Department of Correction to provide last known residence information in its possession to the Department of Elections by September 15 of the year of a federal decennial census after the general election of 2022. 4. Requires the Department of Elections to make reasonable efforts to correct last known residence data that is not geocodable. If the Department is not able to geocode the last known address of an incarcerated individual, the Department shall establish the address of the incarcerated individual as the State correctional facility where the individual is incarcerated. 5. Requires the Department of Elections to provide the geocoded last known residence data to the General Assembly by January 15 of the year following a federal decennial census after the general election of 2022. Additionally, Section 2 of this Act makes clear that, while the deadlines in the amended version of § 804A of Title 29 of the Delaware Code only apply prospectively, because the deadlines have passed for purposes of redistricting for the general election of 2022, the intent is that the amended version of § 804A of Title 29 apply for purposes of redistricting for the general election of 2022 and the Department of Correction and Department of Election provide the necessary data as soon as practicable. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Aug 23, 2021

SJR 4: DESIGNATING AUGUST 31, 2021, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE.

This Senate Joint Resolution designates August 31, 2021 as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.

signed · Delaware · Senate Aug 10, 2021

SB 160: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE AND LINE-OF-DUTY DISABILITY POLICIES FOR CERTAIN EMERGENCY RESPONDERS.

This allows a policy to be purchased by the Insurance Coverage Office to cover cancer for active Volunteer Firefighters, Paid Firefighters, Fire Marshals, Fire Instructors, Fire Police, EMTs, and Paramedics of the State of Delaware exclusive of those in private sector. This policy will be funded by an assessment calculated based on reporting of gross premiums by insurers writing certain lines of insurance under § 705 of Title 18. The benefits will provide a lump sum for early and advance stages of cancer and monthly income benefits for 36 months.

signed · Delaware · House Aug 10, 2021

HB 223: AN ACT TO AMEND TITLES 21 AND 25 OF THE DELAWARE CODE RELATING TO POSSESSORY AND OTHER CERTAIN LIENS ON MOTOR VEHICLES.

This Act clarifies that when a motor vehicle is subject to a possessory lien either through towing or because of failure to make payment to a garage owner for services rendered to the motor vehicle, the possessory lien does not extend to personal property located in the motor vehicle, and such property shall be returned to the owner if the owner claims the items prior to the sale of such vehicle This Act also clarifies that “abandoned personal property” does not include personal property inside an abandoned motor vehicle if the owner of the personal property files an answer to a Petition seeking full title and interest to the personal property.

signed · Delaware · Senate Aug 10, 2021

SB 55: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SCHOOL ACCESS TO EPINEPHRINE AUTOINJECTORS.

This Act creates emergency access to epinephrine that allows an institution of higher education to acquire and stock a supply of epinephrine autoinjectors if an employee or agent has completed a training program. This Act allows the individual who has completed the training program to provide an epinephrine autoinjector to someone experiencing anaphylaxis for immediate self-administration or administer an epinephrine autoinjector to someone experiencing anaphylaxis. Before an individual administers an epinephrine autoinjector under this Act, the individual must notify EMS immediately, and after administration, must report the administration to the prescribing health-care provider. This Act also makes technical corrections to conform existing law to the creation of the new subchapter and to the standards of the Delaware Legislative Drafting Manual..

signed · Delaware · Senate Aug 10, 2021

SB 117: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND PURPLE STAR SCHOOLS.

This bill allows schools and school districts to submit an application to the Department of Education to have a school designated as a Purple Star School.

signed · Delaware · Senate Aug 4, 2021

SB 93: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATED TO CONSUMER CONTRACTS.

This Act provides protections for consumers in connection with contracts with automatic renewal provisions. Multiple states have enacted laws regulating the automatic renewals of contracts, often described as "evergreen" clauses. These state laws are aimed at protecting consumers from unknowingly entering into these types of agreements by requiring that evergreen clauses be presented in a clear and conspicuous manner and that sellers of such contracts provide notice to consumers about an upcoming renewal. This Act also requires sellers of such contracts to provide consumers with a means to cancel the contract that is at least as easy to use as the means available to sign up for the contract. It also updates the language of the enforcement provision in Subchapter IV, Chapter 27 of Title 6 of the Delaware Code. This Act is a substitute for and differs from Senate Bill No. 93 by extending the length of covered contracts from 6 months to 12 months. It also adds audio disclosure to the definition of "clearly and conspicuously" and removes the provision stating that a cancellation that is in the same medium as the medium used to enter the contract is considered "cost effective, timely, and easy to use." It further specifies that a consumer who signs up for a covered contract online must be able to cancel online. The substitute eliminates the requirement that businesses notify consumers the date at which the contract will automatically renew if not canceled and establishes a right to cure. It also adds matters subject to the jurisdiction of the Federal Communications Commission to the exempted entities. Finally, the effective date is changed to January 1, 2022.

signed · Delaware · Senate Jul 30, 2021

SB 79: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PROPERTY INSURANCE POLICIES.

This bill establishes the timeframe within which a property insurer must give prior written notice of its intent to cancel a policy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 30, 2021

SB 80: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO ASSIGNABILITY OF INSURANCE CONTRACTS.

This Act adds a provision addressing the assignability of rights under property insurance policies and authorizes a property insurance carrier to limit a policy’s assignability only to those persons or entities that have the legal authority to represent an insured. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results