| HB 21 w/ HA 2 | Signed | Heffernan | This Act takes steps to ensure that individuals with disabilities are not denied access to organ transplant procedures based solely on their disability. Historically, individuals with disabilities have sometimes been denied access to life-saving organ transplants based on assumptions that people with disabilities are less worthy of care, or assumptions that the lack support services and/or the ability to follow post-transplant treatment plans. This bill prohibits denying a person with a disability a referral, evaluation and recommendation for transplantation solely on the basis of a non-medically significant disability and notes that persons who have the necessary support system to comply with post-transplant medical requirements should not have the inability to independently comply with those requirements held against them. The Act does not require referrals, recommendations or performance of medically inappropriate organ transplants. It affirms the state's commitment to the elimination of discrimination on the basis of disability. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NONDISCRIMINATION IN ACCESS TO ORGAN TRANSPLANTATION. |
| HB 39 w/ HA 2 | Signed | Lynn | This Act extends Family Court's jurisdiction under Chapter 50, Title 16, over a youth who has a mental condition and requires services or treatment but is not amenable to or compliant with such services.
This Act applies only to youths who are under the custody of the Department of Children, Youth and Their Families when they turn 18 years old and, prior to turning 18 years old, were identified as having or diagnosed with a mental condition as defined in § 5001 of Title 16. Jurisdiction under this Act does not require DSCYF to provide foster care board extension payments or stipends to a youth.
This Act has no effect on a youth reaching the age of majority at 18 years or on DSCYF's custody over a youth terminating by operation of law when the youth turns 18 years old. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CONCURRENT JURISDICTION. |
| HB 40 | Signed | Lynn | This Act authorizes the Family Court to order the Department of Health and Social Services ("DHSS") to determine whether a child who is 17 years old or older and in the custody of the Department of Services for Children, Youth and Their Families ("DSCYF") qualifies for adult mental or behavioral health services. If the child does qualify for adult mental or behavioral health services, this Act authorizes the Family Court to order that DHSS coordinate with DSCYF to develop and implement a transition plan for mental or behavioral health services for the child. | AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MENTAL AND BEHAVIORAL HEALTH TRANSITION PLANS. |
| HB 45 w/ HA 1 | Signed | Keeley | This Act clarifies (i) how personal jurisdiction shall be obtained over nonresident respondents in administrative proceedings brought by the Director of Consumer Protection pursuant to Section 2523, Title 29 of the Code, and (ii) the manner in which service of process may be made upon respondents in those proceedings.This Act also empowers administrative hearing officers appointed under Section 2523(b), Title 29 to issue subpoenas upon request of the parties to the administrative proceeding, in order to enable the parties to present evidence not otherwise available to them. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION. |
| HB 61 | Signed | Baumbach | This bill will add 4 new check-off donation boxes on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to one of the following organizations: Food Bank of Delaware, Sussex County Habitat for Humanity, Central Delaware Habitat for Humanity, or Habitat for Humanity of New Castle County. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX. |
| HB 64 w/ SA 2 | Signed | Briggs King | Mothers who give birth to monoamniotic twins are often hospitalized as early as 26 weeks into the pregnancy due to the risk of complications of having twins share a single amniotic sack. Mothers who give birth to multiples of 3 or more often have the same issue of requiring extensive medical pre-natal care. As a result, the benefits provided under the federal Family and Medical Leave Act (FMLA) are often exhausted by the time the mother and children are discharged from the hospital. This bill provides that mothers who are full time state employees may have up to six weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FAMILY LEAVE. |
| SB 35 w/ SA 1 | Signed | Ennis | This Act enacts the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act ("REPLICA"). With REPLICA, EMS personnel will be able to respond across state borders within the provision of their duties on a short term, intermittent basis on a privilege to practice under approved circumstances. REPLICA promotes compliance with the laws governing EMS personnel practice in each member state, home and remote, and gives states the ability to hold providers accountable from both. EMS personnel covered by REPLICA include those responding to calls for assistance across state lines as part of their duty, covering large scale planned events such as staffing concerts, sporting events, or large scale unplanned events where federal agencies are dispatched to support details, for example, wildland firefighting teams. REPLICA comes into effect on the date on which the compact statute is enacted into law in the 10th member state. Seven states have enacted REPLICA, including Virginia.
Benefits of REPLICA include: REPLICA extends the privilege to practice under authorized circumstances and on a limited basis to EMS Providers; REPLICA enables the ready exchange of information between states through a Coordinated Database regarding EMS personnel licensure, adverse actions, and significant investigatory information; REPLICA promotes the highest level of public protection to patients and to EMS personnel in our state’s EMS System. State EMS Offices will now know who is coming into their state; and REPLICA provides a unique opportunity to support members of the military and their spouses with a clear and timely pathway by which to become licensed. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ADOPTION OF THE RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT ACT. |
| SB 46 w/ SA 1 | Signed | Townsend | This legislation modernizes Delaware's Self-Service Storage Facility Act to account for the wide proliferation of online news and auction sites, as well as to establish frameworks for: (1) towing of certain property for which rent and other charges are in default; (2) use of information contained within property sold or otherwise disposed of; and (3) contractual provisions relating to limits on the value of stored property and to late fees, as well as transparency related to both. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SELF-SERVICE STORAGE FACILITIES. |
| HB 122 | Signed | Smyk | This bill provides greater protection to correctional officers and other state employees who are assaulted in detention facilities by prohibiting assaults committed with a reckless state of mind. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULTS IN A DETENTION FACILITY. |
| HB 123 w/ HA 1 | Signed | Smyk | This bill expands the list of felony-level contraband to include narcotics, prescription drugs, and items used to facilitate escape. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CONTRABAND IN DETENTION FACILITY. |
| SB 66 | Signed | Bushweller | On June 30, 2016, the Delaware State Senate adopted Senate Resolution No. 19 (“S.R. 19”), requesting the Delaware Department of Insurance (the “Department”) to examine the secondary market for life insurance policies and make recommendations for possible legislation. In response to S.R. 19, the Department issued a report in December 2016 recommending the adoption of the Model Viatical Settlements Act adopted by the National Association of Insurance Commissioners (“NAIC”). This bill significantly modifies 18 Del. C. Chapter 75, the Delaware Viatical Settlements Act by adopting the NAIC Model. This bill establishes strong consumer protections while protecting policyholder rights. Key provisions include:
• The bill significantly expands the class of persons, known as “viators,” who are permitted to enter into viatical settlement contracts. Under present law, viators are defined as individuals with a catastrophic, life threatening or chronic illness or condition. This physical condition restriction is eliminated in this bill (Section 7502(20)).
• A limited 5 year settlement prohibition targeting transactions with characteristics of stranger-originated life insurance, such as non-recourse financing, settlement guarantees, or life expectancy valuations. (Section 7511).
• Protection of consumer property rights by permitting any-time settlements for cause such as death of spouse, divorce, disability, bankruptcy, loss of job, or chronic or terminal illness (Section 7511), and by requiring full disclosure to the prospective viator (Section 7508).
• Expanded consumer right to rescind a settlement contract for up to 60 days (Section 7510(c)).
• Settlement reporting requirements to enable regulators to identify and stop stranger-originated life insurance (Section 7506).
• Prohibition on advertising representing that insurance is “free” or at “no cost” (Sections 7512(d) and 7513(e)).
• Disclosure to insurers of any plan to originate, renew, or finance a policy prior to or within 5 years of policy issue (Section 7509).
• A comprehensive definition of “viatical settlement contract” which includes policy transfers regardless of when they occur if they include indicia of stranger-originated life insurance, and transfers which do not fall within a legitimate settlement exception, such as non-recourse financing arrangements, debt forgiveness, or settlement guarantees (Section 7502(15)).
• The bill contains fraud prevention and control measures, grants regulatory authority to the Insurance Commissioner to address violations of the Act through the issuance of cease and desist orders, imposition of civil penalties, petitions for injunctive relief, and other enforcement measures. The bill also allows persons injured by violations of the Act to bring civil actions, and allows the Attorney General to seek criminal penalties for “fraudulent viatical acts,” as defined in the Act. The criminal penalties in the current version of the bill are based on the penalties for theft in 11 Del. C. § 841. The bill expressly states that it does not preempt the authority or relieve the duty of the Attorney General or any other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law.
• Section 7518 of the bill provides that nothing in this chapter preempts any provision of the Delaware Securities Act, as amended, including the regulation of securities transactions in viatical settlement investments and the licensing of any person or entity engaged in the sale of securities.
Enactment of the NAIC Model will provide regulators with strong and important tools to combat stranger-originated life insurance and the fraudulent behavior it engenders, while continuing to allow honest policyholders to exercise all of their individual and contractual rights. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO VIATICAL AND LIFE SETTLEMENTS. |
| HB 164 w/ HA 1, HA 2 | Signed | Keeley | This bill dissolves the Human Trafficking Coordinating Council and reestablishes it as the Human Trafficking Interagency Coordinating Council. The bill establishes the members of the Council and the chair and vice-chair. The bill also requires that a public awareness sign must be displayed at locations designated by the Council. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HUMAN TRAFFICKING. |
| HB 187 w/ HA 1, HA 2 | Signed | J. Johnson | With the implementation of land banks in the State of Delaware, an increasing number of vacant and abandoned properties will be brought to sheriff’s sales. Many of these parcels will be dilapidated and require investment to render the house habitable. Blight will only be ameliorated if the bidders upon such property acquire it intending to invest in the property, thereby improving the housing in the neighborhood and eliminating blight. If bidders at a tax lien sale have failed to pay taxes when due and have failed to maintain the condition of other real property they own in the same jurisdiction, it is not likely that they intend to invest in and improve the condition of additional property they acquire. Instead they are speculating on a turnaround in the neighborhood based upon the investment and efforts of others.
Under current law, New Castle County, or any municipal government, may disapprove of the winning bid for any tax lien sheriff’s sale, at the election of the governmental entity initiating the tax lien sale, for any public purpose or reason. This bill allows any county or municipality to additionally require that bidders at such tax lien sales certify, prior to bidding, that they do not have a record of failing to maintain other real property in which they own an interest, do not have outstanding liens owed to governmental entities in excess of $1,000 at such other property, and do not hold properties that have been vacant for 18 consecutive months unless there is active construction on the property. | AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO SHERIFF'S SALES. |
| HB 188 | Signed | J. Johnson | Criminal and administrative enforcement of laws and ordinances relating to the condition of real property and abatement of violations thereof is a significant expense of local governments. The growing number of vacant and abandoned properties has increased these costs to local governments. The owners of vacant and abandoned property routinely fail to respond to the issuance of violation notices, citations, and tickets. Thus, the local government, at taxpayer expense, is left to maintain the property in a condition that will protect the public health, safety and welfare and minimize the deleterious effect the unmaintained property has on the local community. When a property owner fails or refuses to maintain real property according to minimum code standards, the costs incurred by local government for enforcing its codes and abating violations thereof, should be borne by the property owner rather than the taxpayers. Thus, this bill is intended to clarify that costs associated with enforcement of local laws and ordinances relating to the condition of real property and abatement of violations of those laws and ordinances shall be a lien against the property subject to the enforcement action. Recoupment of costs associated with the enforcement of building, property maintenance, zoning, drainage, sewer, housing, or sanitation codes is a lengthy and expensive process for local governments. This bill clarifies that local governments may include the amount of the lien on the local tax billing of the property subject to the enforcement action may collect the lien in the same manner as other property taxes. | AN ACT TO AMEND TITLE 9 AND 25 OF THE DELAWARE CODE RELATING TO LIENS OF POLITICAL SUBDIVISIONS AND MUNICIPALITIES. |
| HB 203 | Signed | Bolden | This Act directs the Division of Medicaid and Medical Assistance, Division of Public Health, and Office of Management and Budget – Human Resources Management (“the Agencies”) to report to the General Assembly every 2 years the impacts and costs associated with diabetes. The first report is due by June 30, 2019. The report shall include:
(1) Data reflecting the prevalence and burden of diabetes in Delaware.
(2) Activities related to diabetes programs and initiatives throughout the State.
(3) An estimate of the financial impact of diabetes on each of the Agencies.
(4) The number of people impacted or served by each of the Agencies with regard to diabetes, including programs and initiatives designed to reach individuals with diabetes and prediabetes.
(5) A description of each of the Agencies’ implemented programs and activities aimed at improving diabetes care and preventing the disease, and an assessment of the expected benefits and outcomes for each program and activity.
(6) Current funding levels for each of the Agencies to implement programs and activities aimed at reaching individuals with diabetes and prediabetes.
(7) Each of the Agencies’ individual plans, including recommendations to address the prevention and control of diabetes, the intended outcomes of the recommendations, and estimates of the funding and time required to implement the recommendations.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DIABETES. |
| SB 105 w/ SA 1 | Signed | Ennis | Persons under age 18 must wear a helmet when operating or riding as a passenger on a bicycle, motorized skateboard or scooter, all terrain vehicle (ATV), off-highway vehicle (OHV), or electric personal assistive mobility device (EPAMD). See Title 21 Del. C. §§ 4198K, 4198N, 6823, and 4098O respectively. This bill would achieve consistency by requiring moped and triped operators and passengers to wear a helmet if under age 18. This legislation is an initiative of the State Council for Persons with Disabilities Brain Injury Committee to reduce the incidence of brain injuries among minors. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO CHILD HELMET REQUIREMENTS. |
| SB 106 w/ SA 1 | Signed | Pettyjohn | This Act creates a special license plate for members of the Delaware Chapter of the National Wild Turkey Federation. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE OR REGISTRATION PLATES. |
| SS 1 for SB 43 w/ SA 1 | Signed | Simpson | This Act regulates the practice of art therapy placing control of the profession under the Board of Mental health and Chemical Dependency Professionals and amending Chapter 30 of Title 24 by adding Subchapter V. Professional Art Therapists. The Art Therapy Practice Act will serve and protect the public by defining the scope of practice of art therapy; setting minimum standards of qualification, education, training, and experience for art therapists; and maintaining certain standards in the delivery of art therapy services. This Act also requires the Board of Mental Health and Chemical Dependency to appoint one or more credentialed volunteer art therapists to advise and assist the Board in matters pertaining to art therapists. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE LICENSURE OF ART THERAPISTS. |
| SB 122 w/ HA 1 | Signed | Walsh | This Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee (“JLOSC”) by making amendments to the State Human Relations Commission’s (“the Commission”) governing statute.
First, this Act changes the number of members on the Commission to a more manageable number, 18 members, and adjusts appointment language accordingly, including providing for staggered appointments so that members’ terms do not expire all at the same time. To provide the Commission with sufficient time to reorganize itself with the new number of members, Section 1 of this Act takes effect 1 year after the date of enactment.
Next, this Act adds several provisions that are administrative in nature: defining the Commission’s quorum and requiring quorum to meet and conduct business; language standard to boards and commissions regarding the removal of members for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance; and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Finally, this Act fulfills the JLOSC recommendation that the Commission’s governing statute include reference to its duties under other chapters of the Delaware Code. Current Delaware law provides that the Commission has duties under Chapters 45 and 46 of Title 6, the Equal Accommodation Act and Fair Housing Act, respectively. Senate Bill No. 49 (“SB 49”) of the 149th General Assembly, however, if enacted, will create a new Chapter 78 in Title 6, under which the Commission will have duties related to Homeless Individuals’ Bill of Rights. In order to accommodate the possibility of a new chapter in Title 6 which should be referenced in the Commission’s governing statute, §§ 3004 and 3005 have been drafted as two versions. The first version of each, Sections 4 and 6, include references to the new Chapter 78, while the second version of each, Sections 5 and 7, do not. Therefore, Section 10 of this Act provides that Sections 4 and 6 take effect if SB 49 is enacted during this General Assembly, and Sections 5 and 7 take effect if SB 49 is not enacted during this General Assembly. | AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE STATE HUMAN RELATIONS COMMISSION. |
| HB 265 | Signed | Mitchell | The purpose of this bill is to make full time paid firefighters in volunteer fire companies in this State eligible to join the Delaware County and Municipal/Police/Firefighter Pension Plan. | AN ACT TO AMEND TITLE 11 RELATING TO THE DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN |
| HJR 7 | Signed | Longhurst | Health care spending in Delaware is higher than the national average and has historically outpaced the State’s economic and revenue growth, contributing to the State’s current structural deficit. To combat ever rising costs, this Joint Resolution authorizes the Secretary of the Department of Health and Social Services to undertake the actions necessary to establish a health care benchmark, and designating the State’s 2018 fiscal year as a planning year. The Secretary is directed to consult with stakeholders in developing the benchmark. | CONFERRING UPON THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES THE NECESSARY POWERS AND AUTHORITY TO ESTABLISH AND PLAN FOR THE MONITORING AND IMPLEMENTATION OF AN ANNUAL HEALTH CARE BENCHMARK. |
| HJR 8 | Signed | Q. Johnson | This Joint Resolution creates an Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) that is tasked with developing a report concerning the State’s historic budgeting practices, the need for reasonable restrictions on the use of budget surpluses, the benefits of a budget stabilization fund, and such other matters as the Advisory Panel deems appropriate. A preliminary report shall be submitted to the General Assembly and the Governor no later than May 1, 2018. | CREATING AN ADVISORY PANEL TO THE DELAWARE ECONOMIC AND FINANCIAL ADVISORY COUNCIL TO STUDY POTENTIAL FISCAL CONROLS AND BUDGET SMOOTHING MECHANISMS. |
