Delaware Bills

signed · Delaware · House Apr 13, 2021

HB 33: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHYSICIAN ASSISTANTS.

This bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. The bill retains a 1:4 ratio of physician assistants to physicians, unless a regulation of the Board increases or decreases the number. This limit of 1:4 does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department. This bill adds 2 physician assistants members recommended by the Regulatory Council for Physician Assistants to the Board of Medical Licensure and Discipline in lieu of 2 public members. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.

signed · Delaware · Senate Apr 13, 2021

SB 32: AN ACT TO AMEND THE DELAWARE CODE RELATING TO DISCRIMINATION.

A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Apr 1, 2021

HB 37: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PUBLIC HEALTH EMERGENCY CREDITS.

Delaware, like the rest of the country and the world, has been struggling with the COVID-19 pandemic since March of 2020. The worst outbreaks have occurred in facilities where people live and/or work in tight communal settings – long-term care facilities, prisons, and meat processing plants. There is no real way to prevent an outbreak and the spread of a highly contagious disease inside a prison where inmates share cells, communal recreation and dining spaces, and in some instances reside in large bunk rooms. Furthermore, the COVID-19 pandemic has severely disrupted the operations of the prisons as they struggle with staff shortages due to illness and quarantines, and curtail activities to reduce opportunities for community spread within the prison. This bill seeks to address both the COVID-19 pandemic as well as any future public health emergency that impacts prison operations and conditions by creating a “public health emergency credit” that would automatically be awarded when a public health emergency is declared. Credits would be awarded at the rate of 6 months for every month served during the public health emergency up to a maximum reduction in sentence of 1 year. This has the practical effect of moving forward release dates for inmates whose release would come within the next year regardless of the emergency. This will reduce the prison population in an orderly and fair manner, relieving pressure on staff and creating better conditions for those inmates who remain incarcerated to socially distance and control the spread of infectious disease. By applying additional credit towards sentence completion, this legislation also recognizes that the conditions of confinement during a public health emergency like the current one can be considered significantly more punishing – since visitation, communications, programming, and recreation are all significantly negatively impacted by the emergency conditions and modifications to operations.

passed · Delaware · Senate Mar 31, 2021

SB 63: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING.

This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol. The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals. This Act also makes technical changes to Part IV of Title 16, to reflect its current structure more accurately.

in committee · Delaware · House Mar 31, 2021

HB 45: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act increases from 3 to 5 the number of establishments at which a brewery-pub that is licensed in Delaware may brew, bottle, and sell beer. It also increases from 3 to 5 the number of licenses a brewery-pub may have for the sale of off-premises consumption, or from 2 to 4 if the licensee also holds a microbrewery license. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Mar 30, 2021

SB 69: AN ACT TO AMEND CHAPTER 268, TITLE 82 OF THE LAWS OF DELAWARE RELATING TO DEATH CERTIFICATES.

Under House Bill No. 354, which was enacted by the 150th General Assembly, death certificates may be electronically filed with the Delaware Vital Events Registration System until March 30, 2021. This Act removes the sunset provision, so that death certificates may continue to be electronically filed.

in committee · Delaware · House Mar 30, 2021

HB 110: AN ACT TO AMEND TITLE 14 RELATING TO TRANSPORTATION OF PUPILS.

Current Delaware regulations provide that transportation benefits must be provided for students in grades K through 6 who live 1 or more miles from the schools to which district administrators would normally assign them. In grades 7 through 12, the same students are entitled to transportation benefits if they live 2 or more miles from their assigned public schools. See 14 Del. Admin. C. § 1150-12.1. This Act expands transportation benefits to students in grades 7 and 8 who live 1 or more miles from the public schools to which district administrators would normally assign them. This Act takes effect upon enactment and allows immediate implementation while also providing schools until September 1, 2023, to implement. In addition, this Act does the following: - Amends the section header for § 2905, Title 14 to more accurately reflect the section’s subject matter. - Clarifies the Department of Education’s authority to promulgate rules and regulations regarding the transportation of students who are in public elementary and secondary schools. Section 2905 already expressly grants promulgation authority to the Department regarding nonpublic, nonprofit schools. - Clarifies that the new provision of transportation benefits for students in grades K through 8 applies only to students who attend the public school in which their enrollment is based on the residences of their parents; it does not apply to students who attend charter schools or, by choice, schools in different districts. - Makes several technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual, including changes to consistently refer to “students” instead of using both “students” and “pupils” within the same section.

in committee · Delaware · House Mar 25, 2021

HJR 2: ESTABLISHING A LEGISLATIVE BUILDING COMMITTEE FOR THE PURPOSE OF STUDYING AND RECOMMENDING A PLAN TO ADDRESS THE TECHNOLOGY, SECURITY, AND SPACE NEEDS FOR LEGISLATIVE HALL.

This House Joint Resolution establishes the Legislative Building Committee for the purpose of studying and recommending a plan to address the technology, security, and space needs for Legislative Hall.

in committee · Delaware · House Mar 18, 2021

HCR 14: REQUESTING THAT THE SENIOR PROPERTY TAX CREDIT STATUTORY MAXIMUM BE RETAINED.

This Concurrent Resolution requests that the budget bill prepared by the Joint Finance Committee keep the Senior Property Tax Credit at its statutorily enacted level of the lesser of 50%, or $500, rather than lower the maximum credit amount through epilogue language, until such time as a means-tested program can be implemented.

passed · Delaware · Senate Mar 17, 2021

SB 59: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE.

This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.

in committee · Delaware · House Mar 16, 2021

HB 116: 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 · House Mar 10, 2021

HB 69: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO AUTHORIZING A PILOT PROGRAM TO ISSUE GRANTS FOR THE INSTALLATION OF RESIDENTIAL DRINKING WATER PURIFICATION SYSTEMS.

This bill establishes a 2-year residential drinking water purification system pilot program to be administered through the Department of Health and Social Services with funding through the Drinking Water State Revolving Fund.

Bill results