Rep. Danny Short

This Act is the first leg of a Constitutional Amendment reflecting the recommendations of the Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) on Potential Fiscal Controls and Budget Smoothing Mechanisms established as per House Joint Resolution 8 of the 149th General Assembly (Panel). This Act would build upon the State’s existing appropriation limit methodology by moving the Budget Reserve Account into a newly defined Budget Stabilization Fund, defining rules for deposits to and withdrawals from said Budget Stabilization Fund, and adding a check of the appropriation limit against an index comprised of relevant indicators of growth of the State’s economy. The Panel further recommended that any final adoption of the structural budget reforms included in this Act be accompanied by statutory enactment of structural reforms to the Personal Income Tax by broadening the tax base as initially recommended by the DEFAC Advisory Council of Revenues report dated May 2015 and further detailed in the Panel’s report dated June 1, 2018.

Immunity from liability for individuals rendering emergency care is addressed in many sections of the Delaware Code. There are several separate statutes providing immunity for specific professions and even for lay individuals providing specific types of assistance. Section 6715 of Title 16 provided immunity to “Firemen, policemen or volunteer ambulance or rescue squad members rendering emergency care” until it was transferred to § 6801 of Title 16 in 1971. Section 3001G of Title 16 provides immunity to peace officers who administer naloxone to an individual whom the officer believes is undergoing an opioid-related drug overdose. Currently, 1 statute, § 6801 of Title 16, addresses 3 topics: (1) lay person, Good Samaritan, immunity for rendering emergency care; (2) emergency responder immunity for rendering emergency care; and (3) the establishment of the Advanced Life Support Standards Committee. The current statute does not clearly identify the emergency responders that are provided immunity and, because of changes in how emergency services are funded, could be interpreted to exclude any person receiving compensation for their work, including firefighters and police officers. This Act amends § 3001G of Title 16 to include all public safety personnel and to reference the general immunity statute for public safety personnel, which provides the exact same level of immunity, to avoid potential conflicts between the immunity statutes and provide consistent immunity protection public safety personnel. Section 3001G of Title 16 does not need to specifically provide immunity to lay individuals who administer naloxone under the Community-Based Naloxone Access Program because lay individuals have immunity for administering naloxone under the general Good Samaritan statute, § 6801 of Title 16. This Act clarifies § 6801 of Title 16 by breaking it into 3 different statutes, 1 statute for each topic, but does not substantively change the law because this Act: (1) Clarifies the individuals covered by the statute without conflicting with the other immunity statutes across the Delaware Code. (2) Does not change the acts for which individuals have immunity and thus continues to provide immunity for acts such as administering CPR or naloxone. (3) Does not change who is intended to be covered by the current language § 6801 of Title 16. (4) Does not change the standard for immunity. As in the current law, the individual only has immunity if the individual did not cause the injuries or death wilfully, wantonly, or recklessly or by gross negligence. (5) Clarifies that lay individuals have immunity when rendering emergency care. (6) Clarifies that public safety personnel rendering emergency care have immunity if the individual has current, relevant training or certification. Specifically, this Act: (1) Amends § 3001G of Title 16 to include all public safety personnel and to reference the general immunity statute for public safety personnel and makes technical corrections to § 3001G of Title 16 to conform to the standards of the Legislative Drafting Manual. (2) Revises § 6801 of Title 16 so that it continues to provides immunity to lay individuals, also known as Good Samaritans, who render emergency care. It uses the same immunity standard as in the current § 6801 of Title 16. (3) Moves the immunity for emergency responders to Chapter 97 of Title 16, the Emergency Medical Services Systems Chapter. This allows the definitions in Chapter 97, Title 16 to apply to the immunity provision so it is consistent and clear that public safety personnel mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and rescue personnel, communications and dispatch specialists, and other public employees and emergency service providers charged with maintaining the public safety. It uses the same immunity standard as in the current § 6801 of Title 16. (4) Continues to use a general statement of emergency care or rescue assistance rather than list specific acts. This allows the law to cover any situation, whether or not the specific nature of the assistance is anticipated by the General Assembly, and allows for the law to cover new medical treatment or forms of assistance. (5) Provides a definition for the term law-enforcement officers in Chapter 97 of Title 16, where the term is used but not defined. (6) Removes language from the current statute that excludes care provided on the premises of a hospital or clinic because that distinction is not necessary after the statute is separated to clearly define who receives immunity under this statute. In addition, other sections of the Delaware Code provide immunity for physicians, nurses, and physician assistants who provide emergency care, so those individuals no longer need to be included in this section for when they provide assistance outside of their places of employment. (7) Does not require lay individuals to have training to have immunity but does require that public safety personnel have any current training that is required and relevant to the assistance provided to have immunity. This is because public safety personnel acting in their official capacity often receive some form of compensation for the assistance. (8) Moves the Advanced Life Support Standards Committee to Chapter 97 of Title 16 and makes technical corrections to the language in the current § 6801 of Title 16 to conform to the standards of the Delaware Legislative Drafting Manual and to accurately refer to the Division of Public Health, but does not make any substantive changes.

This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

This act is the first leg of a constitutional amendment that protects parental rights.

This Bill would allow all on-premises licensees who sell a bottle of alcohol (other than beer) to place a cap on the bottle and allow patrons to take it home with them for consumption later. Delaware was one of the first states to recognize that it was important that patrons who purchase a bottle of wine have the opportunity to take the remainder of the bottle home with them rather than face the choice of drinking more than they should and driving, or leaving part of the bottle they had paid for at the premise.

This legislation, the Angel Investor Job Creation and Innovation Act for Small Technology Companies, creates an incentive for qualified angel investors to invest capital in qualified Delaware small technology companies..

Designating February 6, 2018 as "Ronald Reagan Day" in Delaware

This bill would allow for a student to participate in the Inspire Scholarship Program for eight continuous semesters instead of the current six. This would allow a student to use Inspire Scholarships for each of the semesters during a traditional college program.

The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Also, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization. The Delaware Legislature has the constitutional authority to make this judgment as shown in U.S. Supreme Court decisions as detailed in this Act. In enacting this legislation Delaware is not asking the Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Recognizing the beneficial value of being in nature and fishing, this bill expands the list of fishing license exceptions to include residents of long term care facilities who are accompanied by the facility's controlling person.