Daily Report for 3/23/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 15PassedLopezDysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2021 "Dysautonomia Awareness Month" in the State of Delaware.PROCLAIMING OCTOBER 2021 "DYSAUTONOMIA AWARENESS MONTH" IN THE STATE OF DELAWARE.
SCR 20PassedBoniniThis Resolution recognizes April 2021 as "Parkinson's Disease Awareness Month" in the State of Delaware.RECOGNIZING THE MONTH OF APRIL 2021 AS "PARKINSON'S DISEASE AWARENESS MONTH" IN THE STATE OF THE DELAWARE.
SR 8PassedMantzavinosThis resolution celebrates March 25, 2021, as the 200th Anniversary of Greek Independence, and reaffirms Delaware’s commitment to the principles of democracy and religious freedom. CELEBRATING MARCH 25, 2021, AS THE 200TH ANNIVERSARY OF GREEK INDEPENDENCE DAY AND CELEBRATING DEMOCRACY IN GREECE AND THE UNITED STATES.
HB 126CommitteeBriggs KingThis Act clarifies the requirements for Lot Rental Assistance as intended by the original language in the statute. This Act adds to the criteria required for the homeowner or tenant in a manufactured home community to be eligible for lot rental assistance from the manufactured home community owner. Specifically, it requires that the tenant’s income must not exceed 30% of the income definition for the county median income.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO LOT RENTAL ASSISTANCE PROGRAM.
HB 127CommitteeBriggs KingThis Act determines when and how a landlord must provide a tenant notice of the use of the tenant’s security deposit. This revision clarifies the specification of “such address” to relate back to the “forwarding address”. This revision mirrors the revision in the Manufactured Housing Code.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SECURITY DEPOSIT.
SB 91CommitteeGayThis Act leverages technological advances to allow Family Court the flexibility to permit litigants to publish through a legal notices website established by the Court. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including to ensure the consistency of language used throughout the provisions included in this Act.AN ACT TO AMEND TITLE 10 AND TITLE 13 OF THE DELAWARE CODE RELATING TO PUBLICATION.
HA 1 to HB 9PassedK. WilliamsThis Amendment clarifies that the term adjudication, as it relates to juveniles, means adjudication of delinquency. 
SB 92CommitteePettyjohnCurrent law grants an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is a Delaware resident a free surf fishing vehicle permit each year. Current law allows an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is not a Delaware resident to purchase a surf fishing vehicle permit each year at the Delaware resident rate. This Act grants all of these individuals the option of choosing a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas.AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO STATE PARKS.
HA 1 to HB 8PWBHeffernanThis amendment clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment. 
HB 132CommitteeK. WilliamsThis Act changes the definition of tavern from an establishment with a special space and accommodation for sale of beer by the glass for consumption on the premises to an establishment with a special space and accommodation for sale of beer and wine in single servings. The Act also revises § 513 to allow any person in charge of a tavern to apply to the Commissioner for a license to purchase from an importer and to receive, keep and sell beer and wine instead of only beer. The beer and wine must be consumed on the premises where sold.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO TAVERNS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 44 w/ SA 1Out of CommitteeSturgeonThis Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION.
SB 45CommitteeSturgeonThis Act creates a special license plate for members of the nonprofit organization, atTAcK addiction. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 46CommitteeLawsonThis Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
SB 60 w/ SA 1Out of CommitteeLopezThis Act allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients. This Act does not require the Department of Health and Social Services to promulgate new regulations before implementing this Act because § 10113 of Title 29 exempts amendments to existing regulations to make them consistent with changes in basic law from the process otherwise required under Chapter 101 of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.
SB 67 w/ SA 1CommitteeEnnisThis Act removes the exclusive jurisdiction of the Superior Court for offenses under § 4836 of this Title on the basis of the voluntary and involuntary exclusion lists. This would allow the Court of Common Pleas to hold jurisdiction over these offenses as these are class A misdemeanor offenses.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO JURISDICTION OVER OFFENSES RELATING TO THE STATE GAMBLING EXCLUSION LISTS.
SB 68CommitteeEnnisThis Act expands eligibility for the Department of Correction's Education Assistance Fund beyond correctional officers to employees who hold a position at paygrade 15 or below and meet the other existing requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating a new Subchapter III of Chapter 89 of Title 29, because the Department of Correction's Education Assistance Fund is not related to the topic of Subchapter II.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EMPLOYEES OF THE DEPARTMENT OF CORRECTION.
SB 76Out of CommitteeSturgeonThis Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths. This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS.
SA 1 to SB 44PassedSturgeonThis Amendment removes the word "all" from the current law. Currently, the Drug Overdose Fatality Review Commission ("Commission") uses a sampling method since there are so many overdose deaths to review each year. The removal of "all" allows the Commission to review every death if resources allow, but also reflects the current process that reviews a sample of the deaths.  
SA 1 to SB 67PassedEnnisThis amendment limits the removal of the exclusive jurisdiction of the Superior Court to offenses under § 4836 to (a) and (b) only.  
SB 84Out of CommitteeSturgeonThis Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency. Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE, NEGLECT, MISTREATMENT, FINANCIAL EXPLOITATION, OR MEDICATION DIVERSION OF RESIDENTS OR PATIENTS.
HCR 15PassedGriffithThis House Concurrent Resolution designates the 21st day of the Month of March, 2021 as “Rock Your Socks for World Down Syndrome Day” and celebrates the beauty and contributions that people with Down syndrome make in Delaware.RECOGNIZING MARCH 21, 2021 "ROCK YOUR SOCKS FOR WORLD DOWN SYNDROME DAY."
SA 1 to SB 60PassedLopezThis Amendment does all of the following: 1. Corrects the title of advanced practice registered nurses. 2. Adds pediatric psychiatrists and developmental pediatricians to the list of specialists authorized to recommend medical marijuana for pediatric patients, which is consistent with current Department of Health and Social Services regulations. 

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Environment & Energy
Judiciary

House Committee Assignments

Committee
Administration
Economic Development/Banking/Insurance & Commerce
Education
Manufactured Housing

Senate Committee Report

Committee
Corrections & Public Safety

House Committee Report

Committee
Corrections
Economic Development/Banking/Insurance & Commerce
Energy
Judiciary
Natural Resources
Public Safety & Homeland Security

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records