Sen. Dave Sokola

This bill makes it a crime to sell, transfer, buy, receive or possess a trigger crank or bump-fire device designed to accelerate the rate of fire of a semiautomatic rifle, making such weapon function more like an automatic weapon. A bump stock was used by the gunman in Las Vegas in October 2017. Violation of this provision is a Class E felony.

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.

This legislation creates a benchmark for determining when a treatment or service is no longer experimental or investigational. When Medicare determines that a treatment is safe for its population, commercial insurers in Delaware may no longer deny coverage on that basis. This bill will remove inconsistencies for properly-evidenced treatments between payers.

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 is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights Amendment, women’s rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State’s value of equality.

The Board of Clinical Social Work Examiners (“Board”) has worked several years to amend Chapter 39, Title 24 of the Delaware Code to update the statute governing social work licensure and practice in this State. The Board’s work has included collaboration with the Division of Professional Regulation, the Joint Legislative Oversight and Sunset Committee, several state agencies, and other stakeholders. The result of that work is this Act, which modernizes Chapter 39 to include a multi-tiered licensure system similar to those already in place in most other states, reflect current practices and standards, and clarify the law. Under current law, the Board regulates only licensed clinical social work (“LCSW”). The Board’s priority in amending Chapter 39 was to require licensure – with limited, specified exemptions – for all individuals who provide social work services in Delaware. Therefore, this Act establishes 3 tiers of social work and defines the scope of practice and licensure requirements for each tier: - LCSW is a specialty within the practice of master’s social work (“MSW”). An LCSW license requires the application of specialized clinical knowledge and advanced clinical skills. An LCSW licensee may provide psychotherapy, practice independently, diagnose, or supervise. An LCSW license requires: (1) a master’s degree in social work or a doctoral degree in a program the Board has approved, (2) the passing of an examination, and (3) the completion of 2 years of supervised experience under the supervision of a LCSW licensee. - MSW includes the application of specialized knowledge and advanced practice skills. Unlike LCSW, MSW does not include psychotherapy or diagnosing. An MSW license requires (1) a master’s degree in social work, and (2) the passing of an examination. - Baccalaureate social work (“BSW”) is the entry level of social work and generalist practice. A BSW license requires (1) a baccalaureate degree in social work, and (2) the passing of an examination. This Act includes a grandfather provision for MSW and BSW licenses. Under § 3907B, individuals who are already practicing within the scope of MSW or BSW but are not licensed may qualify for licensure depending on their education or experience. Section 3907B is limited to MSW and BSW; an LCSW license may not be grandfathered. To qualify under § 3907B, the following requirements must be met: - An MSW applicant must submit documentation from an employer that the individual has at least 10 years of work experience within the scope of MSW practice, or 2 years of work experience within the scope of MSW practice plus a master’s degree in social work, human services, social and behavioral sciences, psychology, sociology, or other related degree the Board has approved. - A BSW applicant must submit evidence of at least 3 years of work experience within the scope of BSW practice, or at least 1 year of work experience within the scope of BSW practice plus a baccalaureate degree in social work, human services, social and behavioral sciences, psychology, sociology, or other related degree the Board has approved. An application for licensure under the grandfathering provision must be submitted within 2 years of enactment of this Act. In addition to the grandfather provision, § 3903(c)(3) this Act exempts from licensure individuals who practice social work and are employed by a Delaware state agency or private or non-profit agency, including a hospital, as of the enactment date of this Act. However, an individual who is newly-employed or employed in a new position 5 years after the enactment date of this Act must be licensed under this chapter if the individual provides services as a social worker. “New position” is intended to capture circumstances in which an existing employee applies for different job either with the employee’s current employer or a different employer; “new position” does not apply to an employee’s existing position for which the job description and duties may be modified. The purpose of § 3903(c)(3) is to ensure that an individual who is currently employed in Delaware as a social worker but may not qualify for licensure under this Act is not disqualified from the individual’s current job. Other exemptions from licensure under this Act include: - An individual who is licensed in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in Delaware. This exemption is limited to 30 days per year. - Clergy, when engaging in activities within the scope of that individual’s ministerial duties. - Performance of assessments, such as basic information collection, informal observations, or screening and referral for eligibility for a program or service. - Development of service plans not related to a behavioral health diagnosis. - Participation as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan, if specified conditions are met. This Act also includes the following: - Updates to make Chapter 39 consistent with the laws of other Title 24 boards, including amendments to Board membership and duties and disciplinary sanctions. - Clarification regarding Board members’ terms and limits on repeat terms. - Authorizing the Board to audit licensees’ continuing education credits and limit the number of times an applicant may attempt the national exam. - Clarifications and updates to license reciprocity. - Extending the amount of time a licensee may put his or her license in inactive status from 1 year to 3 years. - Removing the requirement of 45 continuing education credit hours to allow the Board to set by regulation the number of required credit hours. - Limiting the consideration of excessive use or abuse of drugs for disciplinary purposes to only the previous 10 years or current use. Existing law did not include a limit to how far back such use could have occurred to invoke disciplinary action. - Clarification that, under appropriate circumstances, licenses can be suspended or permanently revoked; removing all references to “temporary revocation.” - Clarification that exceeding the scope of one’s license is a ground for sanctions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act takes effect 1 year after enactment.

The Bill amends Title 4 to permit licensed Delaware craft distilleries, breweries, and wineries the ability to sell products produced by other Delaware craft distilleries, breweries, and wineries for on-site consumption, only. The products sold must be purchased through the existing three-tier system (i.e., wholesalers or traditional retailers).

This Act creates the Delaware Native Species Commission ("Commission"), which is one of the recommendations of the Statewide Ecological Extinction Task Force, created by Senate Concurrent Resolution No. 20 of the 149th General Assembly. The Commission will terminate 10 years from enactment unless extended by the General Assembly.

This is the first leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex. There is no Equal Rights Amendment to the United States Constitution. While Congress passed the Amendment in 1972, it was not ratified by the requisite number of states by the 1982 deadline. Delaware, however, was one of the first states to ratify the Amendment. About half of the states across the country have passed Equal Rights Amendments to their state constitutions in order to provide protection against discrimination based on sex. Without an Equal Rights amendment, women's rights and protections are limited. This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality.

This non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.