Sen. Russ Huxtable

This Act revises §§ 4732 and 4733 of the Uniform Controlled Substances Act, Subchapter III, Chapter 47, Title 16 of the Delaware Code, pertaining to the regulation of the manufacture, distribution and dispensing of controlled substances. The revisions provide that out-of-state practitioners who wish to prescribe controlled substances in Delaware pursuant to a practice privilege, interstate compact license, telehealth registration, or military registration, must obtain a Delaware controlled substance registration. This Act will ensure that these out-of-state practitioners are subject to Delaware regulation with respect to prescribing controlled substances to Delaware patients.

Due to the rapidly increasing costs of materials and labor, combined with the frequency in which developers have gone out of business or otherwise been unable to complete work required within developments, this Act increases the funding required to be secured by a developer to ensure the developer fulfills the developer's obligations to construct and complete improvements within a subdivision. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is the Delaware Libraries for All Act. It explicitly adds “public libraries” to the definition of “place of public accommodation” for purposes of Delaware’s Equal Accommodations Law. It also directs the Delaware Library Consortium to develop and adopt common policies concerning collection, development, and other topics in order to ensure equitable access and the right to read for all Delawareans.

This Act sunsets the Technology Investment Council ("TIC"). The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed TIC in 2022 and, as a result of the review, JLOSC sponsored House Bill No. 357 of the 151st General Assembly. HB 357 updated TIC's statute to streamline operations and prevent redundancies. In February 2024, TIC submitted a memorandum to JLOSC, explaining all of the following: - Redundancies with other State boards or committees, procedures, and efficiencies remain. And, ensuring that TIC has a quorum to conduct business during meetings continues to be a challenge. - Six of the 9 TIC members also serve on the Government Efficiency and Accountability Review ("GEAR") Board, including the Chief Justice, Director of the Office of Management and Budget, Secretary of Finance, Secretary of the Department of Health and Social Services, the Controller General, and the Chief Information Officer of the Department of Technology and Information ("DTI"). - GEAR has a subcommittee specifically dedicated to IT efficiency and releases an annual report detailing the progress in this focus area. - TIC convened only once in 2023. - TIC's goals are achieved through DTI processes and collaboration with agencies, OMB, and GEAR. - With no objection from TIC members, DTI requested that JLOSC support the sunsetting of TIC. For these reasons, the Technology Investment Council is sunsetted under this Act.

This Act revises existing animal cruelty laws to include people who knowingly possess, own, buy, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting as guilty of a class E felony. This Act defines “animal fighting paraphernalia” and creates a list of considerations a court may use when assessing whether an item or object qualifies as animal fighting paraphernalia.

Maddy summaryThis bill updates overtime pay rules for non-exempt employees working for the Delaware Department of Transportation. Starting July 1, 2024, these workers will receive time-and-a-half pay for any hours worked beyond 37.5 hours in a single week. The change applies specifically to the DOT and ensures that overtime compensation begins once an employee exceeds the standard 37.5-hour threshold.

In light of the Federal Drug Administration’s recent approval of over-the-counter non-emergency contraceptive pills, this bill expands the contraceptive coverage laws to include over-the-counter non-emergency contraceptive pills.

This Act clarifies portions of Chapter 49 of Title 6 and Chapter 63 of Title 21 of the Delaware Code pertaining to motor vehicle dealers. These additions and modifications are intended to further improve our State’s franchise laws and ensure that Delaware consumers have a stable, reliable, convenient, and competitive retail network for automobile sales and service. This Act is an effort to continue to ensure that the relationship between dealers and the manufacturers and distributors is as fair and equitable as possible and provides the highest level of consumer protection. The Act includes the following provisions: Definitions. The Act amends § 4902 of Title 6 and clarifies the definitions of “motor vehicle” and “new motor vehicle” to reflect technological advances and changes in industry business practices in the state, and adds a definition of “electric motor vehicle”. The Act defines the new terms “sell,” "selling," "sold," "exchange," "retail sales," and "leases". Warranty and Predelivery Obligations to New Motor Vehicle Dealers. Dealers are required by contract to perform warranty work for manufacturers. The Act amends § 4903 of Title 6 in order to ensure that dealers are fairly paid for performing manufacturer-directed repairs related to warranty repairs, maintenance programs and recall work. Intrusive Audits. Dealers are required by existing law to wait up to 30 days for payment for motor vehicle warranty repairs in order to allow the manufacturer to review and approve payment submissions. Manufacturers are also allowed to later audit such repairs and payments. The Act affords manufacturers a full 6 months to audit warranty claims but will reasonably prevent intrusive and time-consuming audits after 180 days, unless the audit involves cases of alleged fraud. Franchise Termination Compensation. Under existing law, manufacturers must repurchase certain motor vehicles, parts and special tools in the event of the termination of the dealer’s franchise agreement. The Act amends § 4907 of Title 6 and specifies a 90-day timeframe for payment and clarifies that it is the manufacturer’s responsibility to cover the cost of returns. Return of Unnecessary Tools & Equipment. The Act allows a dealer a limited opportunity to return and be reimbursed for the cost of certain tools and equipment that were required as a part of an electric vehicle program or agreement between that dealer and the manufacturer, if the dealer determines within two years after receipt that such tools and equipment are unnecessary or that sales volume and utilization are low enough to prevent the dealer from realizing a reasonable return on those forced investments. Failure or Refusal of Manufacturer to Accept Returns. The Act amends § 4913 of Title 6 by providing that it violates Chapter 49 for a manufacturer to fail or refuse to accept the return or to fully reimburse a dealer for the cost of parts, tools, equipment, chargers and other infrastructure required under the franchise agreement, or as part of a program, policy, or other initiative related to the sale or service of electric motor vehicles. Sale & Subscription of Over-the-Air Features. The Act allows manufacturers to directly sell options, add-ons, features, improvements and upgrades by remote transmission to consumers, provided that the dealers are afforded an equal opportunity to sell the same products and services, and further provided that the manufacturer reasonably compensates the dealer for direct sales or subscriptions to the dealer’s customers for a specified period of time. Association Standing. The Act adds a new § 4920 to Title 6 on the subject of Association Standing. Franchise laws have been enacted in all 50 states to recognize compelling state interests in protecting consumers and in regulating the disparity in bargaining power between motor vehicle manufacturers and their franchised dealers. Because dealers have a single source for their new motor vehicles, parts and accessories, many are reluctant to raise a single voice to object to unlawful activity by their manufacturer. The Act grants statutory standing to a large association of dealers to bring a legal action, in very limited circumstances, to ensure compliance with applicable law. Licensing. The Act amends provisions of §§ 6301 and 6302 of Title 21 of the Delaware Code related to the Sale of Motor Vehicles. The Act adds definitions of “new motor vehicle,” “new motor vehicle dealer,” “used motor vehicle,” and “used motor vehicle dealer” to § 6301. Section 6302 is amended to provide that a manufacturer, importer, or distributor who was licensed as a motor vehicle dealer is not eligible to receive any additional licenses. The Act is supported by the Delaware Automobile and Truck Dealers’ Association, Inc.

Early, sustained exposure to peanut and egg proteins in the infant diet significantly reduces the risk that an infant will develop a peanut or egg allergy, saving lives and future health care costs. Following multiple clinical studies, the current guidance of the American Academy of Allergy, Asthma, and Immunology and the American College of Allergy, Asthma, and Immunology, which is followed by pediatricians, recommends that by age 6 months, all infants should be introduced to both peanut and egg protein and that unless contraindicated, all infants should regularly consume peanut and well-cooked egg protein until they reach the age of 1 year, to reduce the risk of developing peanut or egg allergies. This Act requires that all health insurance plans subject to requirements under Delaware law, including Medicaid, provide coverage, at no cost when prescribed to infants, of at least 1 early peanut allergen introduction dietary supplement and at least 1 early egg allergen introduction dietary supplement. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2025.

This Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section. This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. Finally, the Act increases the maximum monetary penalty for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect 1 year after its enactment. This House Substitute No. 1 for House Bill No. 270 differs from the original in the following ways: It specifies that information related to theft and loss prevention policies and procedures is not subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905. It specifies that the content of loss and prevention policies are not a basis for denial of a deadly weapons dealer license. It reduces all of the monetary penalties. It removes the shoplifting enhancement. It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.