| HB 235 w/ HA 1 | Signed | Mulrooney | This bill encourages spaying, neutering, and vaccination in order to limit the number of unwanted cats and protect the public from rabies and other diseases carried by unvaccinated animals. The bill defines “free-roaming cats” and also “free-roaming cat caretakers,” who are one or more persons who may provide food, shelter, or medical treatment for free roaming cats without becoming an “owner” for legal purposes. These cats may be released back into the community with an “ear-tip” to mark them as a vaccinated and spayed/neutered. It also adds free-roaming cats to the list of qualifying factors for participation in the state low-cost spay/neuter fund. | AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO STERILIZATION, LIFE AND SUSTAINING CARE OF CATS. |
| HB 310 w/ HA 1, HA 2 + SA 1 | Signed | M. Smith | The Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives.
Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards.
The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards.
| AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CERTIFICATION OF ADOPTION OF SUSTAINABILITY AND TRANSPARENCY STANDARDS BY DELAWARE ENTITIES. |
| HB 352 | Signed | Longhurst | This Act permits licensed child care providers, who successfully complete a State-approved medication training, to administer medication to children in their care, including by non-intravenous injection, if a child has a medical need during child care hours that requires it.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING. |
| HB 356 | Signed | Heffernan | This Act allows the Department of Natural Resources and Environmental Control to lease historic structures on State public lands to individuals or corporate entities. The lessee would be required to renovate and maintain the structure up to the applicable National Park Service Secretary of Interior Standards, would be permitted to insure the property and are eligible for Land and Historic Resource Tax Credits. DNREC is required adopt any necessary rules and regulations to implement the Act and may require the lessee to abide by any other lease conditions or commitments, including specific expenditure requirements, which the DNREC deems advisable for the public good.
This Act will ensure that DNREC has the authority to enter into curatorship agreements for historic properties in grave need of restoration. It clarifies that DNREC’s Resident Curatorship program which has operated for over a decade is not in conflict with Delaware Landlord Tenant Code and allows for private investment that will revert to the State of Delaware at the conclusion of the agreement. Currently there are four historic Delaware State Park properties available through the program to potential curators and the program has saved three historic structures through curatorship’s at Lums Pond, Cape Henlopen and Fort DuPont State Parks.
| AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION. |
| HB 386 | Signed | Baumbach | This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome. This Act suspends this requirement for individual and group insurance plans if, under the Affordable Care Act, the State is required to assume the cost of this coverage. | AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR TREATMENT OF PEDIATRIC AUTOIMMUNE NEUROPSYCHIATRIC DISORDERS ASSOCIATED WITH STREPTOCOCCAL INFECTIONS AND PEDIATRIC ACUTE ONSET NEUROPSYCHIATRIC SYNDROME. |
| HB 391 w/ HA 1 | Signed | Jaques | The Delaware National Guard is a crucial partner in the preparedness, planning and in conducting operations in the event of radiological incidents. This Act’s modification to § 181 corrects an unintended flaw from a previous change to Title 20, affecting the manner in which National Guard members are paid for Radiological Emergency Preparedness (REP) events. The previous change in Title 20 impedes the National Guard’s efforts to recruit personnel, who have developed a high level of proficiency achieved through consistent monthly training. The change allows the Delaware National Guard to ensure ample participation and encourage returning members to build upon previous training and processes. This request has no impact to the State’s general funds as it is paid through Special Funding provided by Public Service Enterprise Group.
This Act’s modifications to § 185 updates the requirements for the employment and administration of state employees working for the Delaware National Guard. The Delaware National Guard has administered their state employees similar to the federal military technician program which includes dual status and non-dual status technicians. In the 2017 National Defense Authorization Act, the non-dual status federal technician position was eliminated and technicians were converted into Title 5 employees. The change in the federal law impedes the employment and administration of some state employees. The change allows for the proper employment and administration of all Delaware National Guard state employees.
| AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIONAL GUARD. |
| SB 189 w/ SA 2 | Signed | McDowell | The U.S. Department of Transportation has recently found Delaware to be non-compliant with enforcement of underground excavation violations. This jeopardizes federal funding for the Commissions pipeline safety program. Two principal reasons for this have been the lack of notification to State agencies and the lack of enforcement when damage is known. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE UNDERGROUND UTILITY AND SAFETY ACT. |
| HB 393 w/ HA 1 | Signed | B. Short | This Bill updates the Delaware Viatical Settlements Act by amending the license and bond requirements for a viatical settlement provider or viatical settlement broker. The Act allows an applicant seeking licensure as a viatical settlement provider to prove financial responsibility by (1) providing audited financial statements showing a minimum equity of more than 250 thousand dollars or (2) providing audited annual financial statements showing positive equity and a surety bond for 250 thousand dollars or a letter of credit amounting 250 thousand dollars. The applicant also may provide proof of financial responsibility if they are licensed in another state and have established proof of financial responsibility to said state. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE. |
| HB 401 | Signed | Heffernan | Currently the US FDA is reviewing a New Drug Application (NDA) of a pharmaceutical product containing cannabidiol (CBD) to treat patients with rare pediatric seizure disorders. If approved, this drug will be required to be prescribed and dispensed like other FDA approved products. However, to make sure that this product and future FDA approved marijuana containing products are available to patients as soon as possible, a change in Delaware law is required. This bill would exempt federally lawful FDA approved marijuana containing products from Schedule I of the state’s Controlled Substances Act until they are rescheduled under Delaware law. This would allow patient access to new therapies without an administrative delay, and allow FDA approved marijuana containing medicines to be prescribed, dispensed and regulated like other FDA approved pharmaceutical products. Illegal possession or sale of these drugs would be prosecuted as any other violation of the Controlled Substance Act. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CONTROLLED SUBSTANCES ACT. |
| HB 407 | Signed | Mulrooney | This Act provides that all current employees, prospective employees, contractors and subcontractors of the Department of Labor with access to federal tax information shall be subject to appropriate background checks to ensure that the Department of Labor complies with obligations imposed by § 6103(p)(4) of the Internal Revenue Code and by the Internal Revenue Service in Publication 1075. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT INSURANCE. |
| HB 409 w/ HA 2 | Signed | Mulrooney | This Act creates a state mass layoff and plant closing notice requirement law that requires certain larger employers to provide their employees with adequate notice when they plan to go out of business, close a plant, or lay off a large number of employees. This Act requires employers to also notify the Department of planned mass layoffs and plant closings, so the Department can provide dislocated workers with services to assist them in returning to work as soon as possible. This Act imposes greater notice requirements on employers than the federal Worker Adjustment and Retraining Notification Act (“WARN Act”). This Act authorizes the Department of Labor to investigate violations, conduct administrative hearings for employers who are alleged to have violated this Act, and pursue penalties for failure of an employer to comply with the notice requirements to its employees. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT. |
| HB 410 | Approved | Schwartzkopf | This Act is the second leg of a constitutional amendment that would alter the continuity of government provisions of the Delaware Constitution to enable the effective continuance of government following a variety of emergency situations. The first leg of this amendment, House Bill No. 380 of the 148th General Assembly, passed both Houses with the two-thirds vote required by, and was publicized in accordance with, the Delaware Constitution.
Currently, Article II, § 5 of the Delaware Constitution requires the General Assembly to meet in Dover, unless an emergency caused by insurrection, conflagration, or epidemic diseases occurs. And, Article XVII, § 1 of the Delaware Constitution provides the General Assembly with the power to enact laws providing for continuity of government following emergency situations, but only if the emergency results from an enemy attack.
Section 2 of this Act extends the General Assembly's authority under Article XVII, § 1 to disasters involving terrorism, disease, accident, and other natural or man-made disasters. This would authorize the General Assembly to extend the provisions of Chapter 77 of Title 29 of the Delaware Code (relating to the emergency location of government), Chapter 17 of Title 29 (relating to emergency interim legislative succession), Chapter 78 of Title 29 (relating to interim executive succession), and Chapter 18 of Title 10 (relating to emergency interim judicial succession) to emergencies involving terrorism, disease, accident, or other natural or manmade disasters, as well as those involving enemy attack. This change is consistent with the approach taken in at least four states, New York, Louisiana, Montana, and Utah, which have adopted an "all hazards" approach to continuity of government planning.
In addition, Section 2 of this Act makes changes to Article XVII, § 1 adopting the interpretation of this provision by the Delaware Supreme Court in Opinion of the Justices, 190 A.2d 521 (Del. 1963), so that it is clear that the General Assembly may provide for succession for those public offices that are not immediately filled by operation of the Constitution.
Section 1 of this Act would harmonize Article XVII, § 1 and Article § 5 so that the emergency situations exempting the General Assembly from the requirement that it meet in Dover are similar to the emergency situation in which the General Assembly may enact laws or otherwise act to provide for the continuity of government.
Finally, this Act makes technical corrections to confirm existing law to the guidelines of the Delaware Legislative Drafting Manual. Specifically, lines 17 through 19 of this Act remove unnecessary legalese in and make grammatical changes to the final sentence of Article XVII, §1. | AN ACT CONCURRING IN PROPOSED AMENDMENTS TO THE DELAWARE CONSTITUTION RELATING TO CONTINUITY OF GOVERNMENTAL OPERATIONS. |
| HB 411 w/ HA 1 | Signed | Schwartzkopf | This Act amends Delaware's existing continuity of government laws as required in conjunction with the adoption of House Bill No. 410, which completes the process to amend Article II, § 5 and Article XVII, § 1 of the Delaware Constitution to adopt an "all hazards" approach to continuity of government planning.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CONTINUITY OF GOVERNMENT OPERATIONS. |
| HB 418 w/ HA 1 | Signed | D. Short | Section 1 provides that unpaid taxes shall become first liens against property of the owner for a period of ten (10) years from the date of the assessment.
Section 2 reduces the term upon which a homeowner, heir, executors and assigns can redeem property sold at a sheriff sale from one (1) year to 60 days from the date the sale is approved by a Court of law to make the language consistent with Title 9, Section 8729 of the Delaware Code.
| AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD. |
| HB 422 | Signed | Baumbach | This Act dissolves the Delaware Interagency Council on Homelessness (DICH). The DICH has been an important venue for significant progress in addressing homelessness in Delaware. However, changes to the primary source of federal assistance for resources for homelessness required the establishment of a Continuum of Care. The similar goals, tasks, and membership of the Continuum of Care have made the DICH obsolete and duplicative of these efforts.
Delaware’s Continuum of Care was established in July 2015 and is charged with statewide coordination to address homelessness including the review system performance, identifying system gaps, and advancing solutions. It is a membership body with open membership to any who would like to participate and the membership elects the Continuum of Care Board. The Continuum of Care Board includes representation similar to that of the DICH: state agencies, local government, service providers, and advocates.
Until the establishment of the Continuum of Care Governance Charter in 2015, the DICH was also responsible for many systems tasks that now must be completed by the Continuum of Care. There is significant overlap in membership between the DICH and the Continuum of Care and combined with the Continuum of Care’s responsibility for the tasks previously handled by the DICH, it is difficult to get a quorum at DICH meetings and it is not feasible or sensible to have 2 separate, active entities working on the same issues. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERAGENCY COUNCIL ON HOMELESSNESS. |
| HB 433 | Signed | K. Williams | This Act expands the pathways to entering an alternative routes for teacher licensure and certification program (“ARTC”) casting a wider net in order to attract a diverse pool of qualified candidates into the field of education as the need for teachers, particularly in critical needs areas, has increased. It also clarifies district and charter school responsibilities and ARTC program provider responsibilities, to assure proper supports are in place. Under this Act, attainment of final licensure and certification is contingent on meeting all ARTC program requirements, demonstrating effective teaching based on a state-approved evaluation system, and attaining passing scores on applicable and available approved content readiness exams and a performance assessment. These exit requirements hold ARTC participants to the same high standards for final licensure and certification as those entering the field from a typical teacher pre-service program.
This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, PROFESSIONAL DEVELOPMENT, AND PREPARATION PROGRAMS. |
| HS 1 for HB 440 | Signed | Bentz | House Substitute No. 1 for House Bill 440 differs from House Bill 440 only in that it locates the Overdose System of Care and the Overdose System of Care Committee in Chapter 97 of Title 16 instead of in Chapter 10 of Title 16.
House Substitute No. 1 for House Bill 440 establishes an overdose system of care to improve care, treatment, and survival of the overdose patient in State of Delaware. This Act allows the Secretary of the Department of Health and Social Services to establish stabilization centers that can receive overdose patients from Emergency Medical Services and designate acute health care facilities, freestanding emergency departments, and hospitals that meet established requirements as an overdose system of care centers. This Act also establishes a standing Overdose System of Care Committee to assist in the oversight of the overdose system of care and provide recommendations for its implementation and maintenance. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CREATION OF AN OVERDOSE SYSTEM OF CARE. |
| SB 230 w/ SA 1 | Signed | Townsend | This bill amends Title 18 of the Delaware Code, § 3343, by setting annual reporting requirements for insurance carriers with regard to coverage for serious mental illness and drug and alcohol dependencies.
This bill also amends Chapter 35, Title 18 of the Delaware Code by adding a new § 3571T to set annual reporting requirements for insurance carriers providing mental illness and drug and alcohol dependencies benefits, and the carriers' compliance with the Mental Health Parity and Addiction Equity Act of 2008.
This bill also amends Title 31 of the Delaware Code, § 525, by setting annual reporting requirements for insurance carriers regarding coverage for serious mental illness and drug and alcohol dependencies for recipients of public assistance.
| AN ACT TO AMEND TITLE 18 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE
COVERAGE FOR SERIOUS MENTAL ILLNESS AND DRUG AND ALCOHOL DEPENDENCY. |
| SA 1 to SB 230 | Passed | Townsend | This Amendment confirms the section of the statue to require an initial report to be submitted by July 1st 2019 for both private carriers and the Division of Medicaid & Medical Assistance. Furthermore, the Amendment adds language that ensures that all proprietary information is not public and any finding of said reports cannot result in a private action. | |
| SA 2 to SB 189 | Passed | McDowell | This amendment clarifies the notification process and reduces the regulatory burden on public utilities and the notification center, and also clarifies that additional legal remedies can be pursued by injured parties. | |
