Rep. Mike Smith

This Act makes several adjustments to the law prohibiting drag racing and other speed contests. Many individuals lawfully gather to share their enthusiasm for vehicles and may do so while abiding the rules of the road and without otherwise endangering persons or property. However, others have taken their enthusiasm into dangerous directions that often results in damage to property, injury, or death. For example, Kirkwood Highway has experienced an uptick in large crowds engaged in dangerous driving behavior and as the result of a drag racing event at the Christiana Mall Fashion Center, there was a vehicular fatality. Whether by drag racing, trick or stunt riding, conducting burnouts in intersections, doing donuts in parking lots, or taking over roadways to showboat, these dangers are further amplified by the crowd size that follows and the attempted notoriety sought through social media posts. The intent of the statute is to promote law-enforcement’s ability to enforce the statute, eliminate prior inadvertent loopholes in the current statute regarding geographic and vehicle type limitations, update the statute to reflect current dangerous driving trends and behavior, and ultimately serve as a deterrent for future unsafe behavior. The current statute incorporates potential penalties for the individual and their licensing status, but it does not address the actual vehicle, as the tool and mechanism that is central to the dangerous behavior. This Act enhances existing penalties and promotes public safety by restricting drivers charged with these dangerous driving behaviors access to their vehicles. • First, while a first offense remains an unclassified misdemeanor, a subsequent offense becomes a Class A Misdemeanor. The minimum applicable fines are substituted for mandatory community service instead. • Second, for the purpose of this statute, a subsequent offense is defined as one occurring within 5 years from a prior offense, rather than the default of 2 years set forth in 21 Del. C. § 713. • Third, the statute expands the list of prohibited conduct to better encompass existing dangerous driving behavior, like tire burnouts in intersections that are not part of races and the dangers to persons or property they pose. • Fourth, within the context of 21 Del. C. § 4101(a)(3), the statute more clearly defines the geographic enforceability of the statute on non-highway property, such as commercial parking lots, while still allowing commercial property or other owners to consent to the use of their property for these purposes. • Fifth, the statute expands the types of vehicles that the provision addresses, to include ATV’s and OHV, which are excepted from the 21 Del. C. § 101 definition of vehicles, but which are also used to engage in this behavior. Non street-legal vehicles are often used to participate in the dangerous driving behavior. • Sixth, recognizing that law-enforcement resources, crowd size, environmental factors, and other safety concerns do not always allow law-enforcement to prioritize on-scene engagement with single vehicles while the behavior in this statute is occurring, the Act expands law-enforcement’s ability to later investigate and arrest for violations of this statute. Under the current statute, violators, when contemplating commission of such offenses, might rely on the fact that law-enforcement safety and resource concerns might dictate that the violators cannot be apprehended on scene or that chasing them might be too dangerous to do. This Act expands the definition of “witnessed” by a law-enforcement officer, under 21 Del. C. § 701(a), to include after the fact review of video surveillance or any other video that captures the violation. • Seventh, the Act allows for the vehicles used, as the mechanism by which the dangerous behavior is conducted, to be impounded, de-registered, otherwise immobilized, or even eligible for forfeiture proceedings under certain conditions. As the same time, the Act does not prohibit an innocent owner from applying for return of the vehicle from the Court, under certain conditions, if their vehicle is used in a violation of this statute.

This bill amends the notice provision of the Administrative Procedures Act to include copies of the regulatory flexibility analysis and the economic impact statement. It also creates the requirement of an Economic Impact Statement and what it will contain. Further, the timeline for review of regulations is spelled out with an emphasis on minimizing the economic impact caused by regulations.

The bill requires that third-party cost-sharing assistance utilized by patients is applied toward the covered person’s health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to the patient's deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024.

Currently, there is ambiguity whether a person who is 14 or 15 years of age can be employed by restaurants, hotels, or dining facilities that serve alcoholic liquors. This bill removes that ambiguity and makes it clear that persons 14 and 15 years of age can be employed in such places where alcoholic liquors are served, but cannot be involved in the sale or service of alcoholic liquor.

This Act revises Chapter 12 of Title 3 of the Delaware Code which governs the use of pesticides. This Act will direct the Department of Agriculture to classify neonicotinoid pesticides designed or intended for use in outdoor applications as restricted use pesticides and establish a list of chemicals that belong to the neonicotinoid class of chemicals to be included under this classification. Neonicotinoid pesticides are suspected of having adverse effects on pollinating insects and may contribute to the disappearance of bee populations, commonly referred to as "colony collapse disorder." Under the Act, as a restricted use pesticide, neonicotinoids designed for outdoor use could only be purchased and used by certified and licensed pesticide applicators, or persons working under the direct supervision of a certified and licensed pesticide applicator.

This resolution recognizes the Easterseals/CAI Volleyball Challenge occurring May 14 at William Penn High School, an event that raises funds for an organization providing services and support to Delawareans with disabilities and senior citizens and their families.

This resolution recognizes April 11-17, 2022 as "Black Maternal Health Awareness Week" in Delaware.

This Resolution recognizes April 2022 as "Child Abuse Prevention Month" in the State of Delaware.

This Concurrent Resolution recognizes March 29, 2022 as "National Vietnam War Veterans Day" in Delaware.

This Resolution recognizes April 2022 as "Parkinson's Disease Awareness Month" in the State of Delaware.