This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. This Act does not apply to the resale of these items. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act takes effect on July 1, 2020. Like House Substitute No. 1 for House Bill No. 117, this Act makes technical changes to House Bill No. 117 for internal consistency and for consistency with other provisions of the Code. This Substitute differs from House Substitute 1 for House Bill No. 117 as follows: 1. It allows the electronic components within children’s products and upholstered furniture to contain the prohibited chemicals. 2. Revises the definition of “flame retardant chemical” to include only the harmful chemicals prohibited under this Act. 3. Makes additional technical corrections.
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This resolution honors USO Delaware for their important and inspiring work supporting military members and their families.
Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.
This bill requires Transportation Network Company (“TNC”) drivers to affix permanent license plates clearly displaying their license plate number to the front of their vehicle. This bill also requires that TNC drivers display an illuminated sign so as to identify the vehicle as a TNC vehicle at night. Further, this bill creates a requirement that once a TNC driver ceases to be employed or work for a TNC, that driver must return any illuminated signs provided by the TNC. If a TNC driver fails to do so, the TNC is required to report in writing that driver’s name and last physical address to the Delaware Transit Corporation.
This Concurrent Resolution designates May 2019 as “ALS Awareness Month” in Delaware.
This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 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 on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.
This resolution congratulates the class 2018-2019 Eagle Scouts for having attained the highest rank one can earn in the Boy Scouts of America.
The use of genetic information in disqualifying coverage for non-health insurance products is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic information in the issuance or renewal of disability, long-term care, and life insurance by doing the following: 1. Clearly explains what constitutes discrimination under this Act. 2. Allows the results of genetic information approved by the Insurance Commissioner to be used for disability or long-term care insurance in a manner that is reasonably related to anticipated claims experience. 3. Prohibits sharing the results of direct-to-consumer genetic tests with insurers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act fully exempts property taxes for disabled veterans with a 100% VA rated service-connected, permanent and total disability or disabled veterans who are receiving 100% disability compensation due to individual unemployability. The 100% rating and disability compensation is determined by the United States Department of Veterans Affairs. The disabled veteran must be legally domiciled in the State for 3 consecutive years and own and occupy the real property as his or her primary place of residence to qualify for the exemption. This exemption only applies to the county portion of property taxes and not school taxes.
In a case of first impression, the Superior Court ruled, contrary to "common knowledge" of Delaware Criminal laws, that criminal impersonation requires proof that a real person (a human being who has been born and is alive) has been impersonated; in other words, one cannot impersonate a fictitious person. Evans v. State, Del. Super., April 30, 2019. This Act provides that criminal impersonation occurs when one impersonates a real or fictitious person.