Sen. Stephanie Hansen

This constitutional amendment removes outdated constitutional language related to voter qualifications. The voting age has been 18 since the 1970's under federal law which superseded state law. Additionally this constitutional amendment clarifies the General Assembly's authority to enact general laws relating to voting by absentee ballot.

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.

Unmanned aircraft systems are capable of introducing contraband into detention facilities without undergoing correctional officer inspections. This bill seeks to prohibit the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone.

Senate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act through June 2020. This Act extends the Historic Preservation Tax Credit Act through June 2030 and puts the provision regarding the effective date in the statute.

This bill establishes in-person early voting for the State of Delaware. Registered voters will be allowed to vote in-person for at least 10 days prior to an election, up to and including the Saturday and Sunday immediately prior to the election at locations determined by the Commissioner. The Commissioner is also charged with determining whether such voting should occur by voting machine or paper ballot. All other procedures relating to conducting voting are the same as for election day voting. For statewide elections the statute directs that there must be at least one in-person polling place in each county, and an additional location in the city of Wilmington. This Act takes effect on January 1, 2020.

Every year, over 100 million animals are used as subjects of scientific and medical research, as well as for educational purposes. As recently as 2015, over 19,000 cats and over 61,000 dogs were used in research. In Delaware in 2015, 82 cats and 85 dogs were used in research. While some dogs and cats are still obtained from Class B dealers, most dogs used in research today are bred either in laboratories or by private companies that sell strictly to labs. After these animals are used, they may be euthanized even though they may still be healthy and suited for adoption. This Act requires research facilities that receive public funding to offer their cats and dogs for adoption instead of euthanizing them when they are no longer needed. Permitting private placement adoptions allows students or staff members of the institution to adopt these animals directly without waiting for a formal adoption process through the rescue organization or shelter. For dogs and cats not adopted by students or staff, this Act creates a clear path to transition cats and dogs from the laboratory or testing facility to an adoption center by requiring the research institution to enter into a contract with an animal rescue group or shelter that can offer these animals the possibility of living out the rest of their lives in a loving home.

This Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund, funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-in and carry-out facility. This Act also makes technical corrections to conform existing law to the Delaware Legislative Drafting Manual.

This Act adopts the Uniform Law Commission’s Revised Uniform Athlete Agents Act (“Revised Act”), revising Chapter 54, Title 24 of the Delaware Code, which is based on the Uniform Law Commission’s Uniform Athlete Agents Act (“Uniform Act”). In the early 2000s, Delaware and 42 other states adopted the Uniform Act. Delaware’s version of the Uniform Act included a Board of Athlete Agents Examiners (“Board”), which was sunsetted by the Joint Legislative Oversight and Sunset Committee in 2012 and removed from the Delaware Code by Senate Bill 184 of the 146th General Assembly (78 Del. Laws, c. 376). In addition to removing provisions related to the Board, Senate Bill 184 also removed provisions requiring athlete agents doing business in Delaware to be registered and subject to administrative oversight. In 2015, the Uniform Law Commission adopted the Revised Act to enhance protections for student athletes and educational institutions, create a uniform body of athlete agent registration information, and simplify the registration process. The changes made to the Uniform Act by the Revised Act became necessary as athlete agent tactics have become more advanced and the industry has become more sophisticated. The need for the Revised Act is highlighted by a recent FBI investigation into athlete agent activities related to the college basketball programs at a number of Division I schools. The Revised Act provides additional safeguards for student athletes by requiring that athlete agents be licensed and that agency contracts contain specific notice provisions. The Revised Act has been enacted by 11 states, with 3 of those enactments occurring this year, passed both chambers of the Minnesota legislature, and is currently being considered in the North Carolina legislature.

This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is assessed on manufacturers of prescription opioids as follows: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed against manufacturers who exceed a threshold of MME dispensed each quarter. 3. The Fee is assessed as follows: • One penny per MME for a prescription opioid dispensed and reported in the PMP. • One-quarter of a penny per MME for a prescription opioid that is a generic. The money in the Prescription Opioid Impact Fund must be spent on the following activities: 1. Opioid addiction prevention. 2. The following opioid addiction services: • Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. • Treating substance use disorder for the under-insured and uninsured. • Emergency assistance relating to prescription opioids, including purchasing Naloxone. 3. Research regarding opioid addiction and treatment. 4. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. The Addiction Action Committee will award grants and contracts from the money in the Fund, based upon priorities developed in consultation with the Behavioral Health Consortium. A standing subcommittee of the Addiction Action Committee that does not contain any State employees will make the recommendations regarding the awards of the grants and contracts. This Substitute Bill differs from Senate Bill No. 176 as follows: • Adds additional whereas clauses to further explain the background for the Fund and Fee. • Gives responsibility for the Fee to the Secretary of State instead of the Secretary of the Department of Health and Social Services, because the PMP and the Controlled Substances Act are under the Secretary of State. • Removes the ability to use the funds from the Fee for Medicaid, and restricts appropriations to specifically-listed activities. • Prohibits using the Fund to supplant existing State funding. • Permits a manufacturer to challenge an invoice for a prescription opioid impact fee through the existing appeal process under the Controlled Substances Act. • Gives responsibility for appropriating funds from the Fund to the Addiction Action Committee. • Lowers the amount of the impact fee for generic drugs. • Establishes a minimum threshold before manufacturers are assessed the Fee. • Removes the restriction on raising prices to consumers because the Fee is unlikely to materially increase the price of prescription drugs because those prices are set on a national basis. • Provides explicitly that the Attorney General may recover interest and reasonable attorney fees and costs in a successful lawsuit to enforce this Act. • Clarifies that the Secretary of State develops the rules and regulations for implementing the Fee. And the Addiction Action Committee, with the Secretary of the Department of Health and Social Services, develops the rules and regulations for implementing the Fund. • Revises the reporting requirements on how money from the Fund is spent. • Provides clear permission to share the PMP data with the Addiction Action Committee, Secretary of State, and Attorney General for the purposes of administering and enforcing this chapter.

This Act prohibits a person from purchasing, selling, offering for sale, possessing with intent to sell, or importing with intent to sell ivory or rhinoceros horn, except as specified. A violation of this Act or any rule, regulation, or order adopted under this Act is a misdemeanor subject to fines, imprisonment, or both, as specified in this Act. In addition to the specified criminal penalties, this Act authorizes the Department of Natural Resources and Environmental Control ("the Department") to impose a civil penalty of up to $10,000 for a violation of this Act or any rule, regulation, or order adopted under this Act. This Act authorizes the Department to permit the purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if not prohibited by federal law. This Act does not apply to ivory or rhinoceros horn that is part of a gun, knife, musical instrument, or antique, as long as the ivory or rhinoceros horn component in the item is a fixed component of a larger manufactured item and is not, in its current form, the primary source of value of the item. The requirement that a bona fide antique be at least 100 years old is not a rolling time frame, but is to be a 100 year look back from the effective date of this Act. This Act takes effect 6 months after its enactment into law.