Rep. Mike Smith

The Department of Health and Human Services (“DHSS”) was established in 1970 by legislative enactment with a broad and crucial mandate: to supervise the health, wellbeing, and life of Delaware citizens. In the decades since, the population of Delaware has increased, and the needs of Delaware citizens have required increasingly complex and costly medical interventions, particularly for those most vulnerable among us, such as the elderly and those suffering from addiction. To serve this broad array of individual needs, DHSS has adapted to provide personalized and individualized services to citizens at a level of direct care. Additionally, the broad language of DHSS’ authorizing statute has required it to maintain focus on other policy initiatives, such as promoting public health and administering healthcare through Medicaid while maintaining compliance with state and Federal laws and regulations, which themselves have grown in complexity. Given the advancements in both individualized care and the policy landscape, the inevitable conclusion is that DHSS’ dual roles must be separated into two separate Departments with Cabinet-level representation. Doing so will ensure that Delawareans receive high-quality care on an individualized basis, and will recommit a separate agency to its important policy objectives, such as maximizing efficiency and reducing the cost associated with waste that arises when an agency’s functions become too manifold for the agency to be efficient and effective. This Bill establishes a committee of members from various state agencies, as well as the legislative and executive branches and individuals representing the healthcare industry and Delaware citizens. The strategic mission of this Committee is to implement a separation of DHSS’ current organizational structure into two separate cabinet-level Agencies. The Bill also establishes a timeline for action by the Committee that will encourage it to act quickly and with clear direction to maximize efficiency and reduce the costs associated with waste.

Diwali is a 5-day festival of lights, celebrated by millions of Hindus, Sikhs, and Jains across the world. The dates for Diwali change each year, but it usually falls in October or November. Fireworks are an essential component of Diwali and the third day of Diwali is the height of the festival. In recognition of the many Indo-Americans living in Delaware, this Act permits the sale and possession of sparklers and ground-based sparkling devices during a 30-day period before and including the third day of Diwali and the use of these items on the third day of Diwali.

Both the Delaware Strategic Fund (Title 29, Chapter 87A, Subchapter II) and the Delaware Technical Innovation Fund (Title 29, Chapter 87A, Subchapter III) provide funding for Delaware businesses, including new businesses in growing technology-related fields. The Delaware Strategic Fund is intended to assist in the development of startup strategies such as seed capital and incubator programs. The Delaware Technical Innovation Fund is intended to promote coordination with Delaware’s institutions of higher education and the private sector to commercialize innovative products and processes developed by small businesses. This act encourages Delaware’s institutions of higher education to assist foreign-born, student entrepreneurs, who are engaged in the development of new businesses and technologies in Delaware, to provide them with assistance in maintaining proper legal status within the United States. Presently, thirteen universities in six states offer Global Entrepreneur in Residence Programs which have been successful in assisting foreign-born, student entrepreneurs in creating new businesses, new jobs, and attracting additional capital investment for their development and expansion. This act will add a provision comparable to those found in Global Entrepreneur Residence Programs within the existing frameworks provided by the Delaware Strategic Fund and the Delaware Technical Innovation Fund. This will encourage the creation and development of new businesses and new technologies in Delaware, without creating a new program with new funding needs. This Bill also includes a 3-year sunset provision.

This bill creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view requests for grants-in-aid and to develop the grants-in-aid appropriations bill.

This Act requires captive insurance companies to pay premium taxes on or before April 15 of each year. This Act complements House Bill No. 289 of the 149th General Assembly (Chapter 251, Volume 81 of the Laws of Delaware) by ensuring that captive insurers’ annual statements and payment of premium taxes are both due by the same date.

Thirty-three states and the District of Columbia have established a process for compensating individuals who have been wrongly convicted. This Act creates such a process for Delaware.

This joint resolution is designed to establish a task force to study and make findings concerning the recruitment and retention of volunteer firefighters.

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 (“Project”), under which the Division of Substance Abuse and Mental Health (“Division”) must develop relevant materials that may be posted conspicuously and available for distribution at Delaware gun shops. This Act requires the Division to promulgate regulations that establish and govern a mechanism to track participation in and efficacy of the Project, and authorizes the Division to promulgate other regulations, such as how the training will be offered and taken, as needed.

This bill expands upon the companion bill (House Bill No. 130 as amended of the 150th General Assembly) relating to the use of single-use plastic bags. This bill prohibits the use of single use paper bags and works to lessen consumption of single use bags in favor of having consumers utilize reusable bags. The purpose of the bill, as detailed in the preamble, is to further clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on certain stores providing single-use paper bags at check-out.

This Act adds to the definition of “abuse” conduct that constitutes the violations of: - Driving a vehicle while under the influence or with a prohibited alcohol or drug content, as defined in Title 11. - Violation of privacy as it is defined in Title 11 and relates to the nonconsensual dissemination of visual depictions containing nudity or sexual acts, conduct popularly referred to as “revenge porn.” This Act also adds to the definition of “interference with custody” conduct that encompasses withholding a child in contravention of a child custody order.