Rep. Mike Smith

This Act expands the eligibility for Line-of-Duty disability benefits to all firefighters or emergency medical technicians (EMT) who are a member of a volunteer or municipal fire department in this State or a designated first responder, including firefighters and EMTs who are volunteers, partly paid or full-time employees, plus all fire service instructors or fire marshals employed by this State. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

In 2009, New Hampshire was the first state to develop a statewide "Gun Shop Project," reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project's primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for dealers and consumers of licensed deadly weapons in Delaware. The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Project's annual report in the Coalition's annual report. The Division of Substance Abuse and Mental Health, which staff the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act amends the Delaware Viatical Settlements Act by permanently removing the bond requirements for viatical settlement brokers and updating a reference to "life settlement brokers" by replacing it with "viatical settlement brokers".

This Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.

This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency. Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.

Currently the Delaware Code does not permit alcoholic beverage license holders to brew hard seltzers or other non-malt based products that they are otherwise allowed to brew as a result of obtaining a Federal Brewer’s Notice. This Act permits Delaware brewery-pub and microbrewery license holders to brew, bottle and sell hard seltzers and other fermented beverages made from malt substitutes and includes specific tax on fermented beverages. The language of the Act also mirrors the federal definition of a malt-substitute product.

The National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day. Senate Bill No. 87 was not drafted as an amendment to the Delaware Code and so was not included in the Delaware Code. This Act codifies Senate Bill No. 87 into § 408 of Title 29 to conform § 408 with existing Delaware and federal law in recognition of this State's commitment to our Veterans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates a special license plate for members of the nonprofit organization, atTAcK addiction. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This House Resolution honors the memory and celebrates the life of the Honorable Pierre S. “Pete” du Pont IV, Governor of Delaware from 1977 to 1985, who departed this life on the eighth day of May 2021.

This Concurrent Resolution creates an Aging-in-Place Working Group that will develop a plan to guide policies designed to promote successful aging-in-place for seniors in Delaware. The group will deliver preliminary recommendations to the General Assembly by March 30, 2022.