Delaware Bills

In almost every mass murder that has occurred in the United States over the past 2 decades, subsequent investigations have revealed that the perpetrator had displayed what have become known as “red flag indicators” which, if known, identified, and reported, might have allowed trained professionals to intervene. In far too many cases, these red flag indicators were observed, but because of a lack of training or inadequate reporting, tracking, or referral policies in schools, no action was taken to stop the perpetrator before the attack. This Act requires red flag indicator training for teachers, school principals, counselors, school nurses, and other school district or charter school employees who interact with students, the people most likely to exhibit red flag indicators during the school day. This Act also requires that each school district and charter school establish and implement red flag indicator reporting, tracking, and referral policies. These policies will allow for the timely referral of at-risk students for needed mental health evaluation or treatment or law enforcement action. To protect teachers, administrators, and other school district or charter school employees, this Act provides immunity from criminal liability, civil liability, or professional discipline for employees who follow school district or charter school red flag indicator policies to report a student’s red flag behavior. Finally, Section 2 of this Act makes a technical correction by redesignating § 4168 of Title 14, regarding the Department of Education’s regulatory authority, to be § 4161A of Title 14 to avoid repeatedly moving this provision as Subchapter II of Chapter 41 of Title 14 grows. Section 4168 was previously designated § 4167 until 2019 when Chapter 212 of Volume 82 of the Laws of Delaware redesignated the provision.

This Act amends the Delaware Energy Act to encourage the adoption of electric vehicles in the State by creating more accessible electric vehicle charging infrastructure. Specifically, this Act permits State Agencies to charge a reasonable fee for use of electric vehicle charging stations installed by the Agency and to reimburse the appropriate State Agency which procured the underlying electricity used. This Act limits the locations to state-owned or state-leased properties used by state employees or visitors.

In 2018, the General Assembly enacted House Bill No. 204 of the 149th General Assembly, Chapter 200, Volume 81 of the Laws of Delaware, ("HB 204"), with "the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community." HB 204 has resulted in the release of violent offenders into our communities, leading to more Delawareans being victimized. Therefore, this Act repeals HB 204, replacing HB 204's provisions with the law in effect before the enactment of HB 204 and bringing back greater safety for law abiding Delawareans and accountability for defendants. This Act also makes technical corrections to conform existing law, and previous law being returned to the Delaware Code, to the standards of the Delaware Legislative Drafting Manual.

This Act amends the Delaware Viatical Settlements Act by permanently removing the bond requirements for viatical settlement brokers and updating a reference to “life settlement brokers” by replacing it with “viatical settlement brokers”.

This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies, and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol. The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals. This Act also makes technical changes to Part IV of Title 16, to more accurately reflect its current structure.

This Bill is the Fiscal Year 2021 Bond and Capital Improvements Act.

This bill requires the appointed receiver or custodian to itemize and make public a complete list of costs incurred.

This bill would allow Delaware residents two new deductions from personal income tax. The first is a deduction from taxable income of up to $2,500 for contributions to a “529” College Savings Plan. The second is a deduction from taxable income of up to $5,000 for contributions to a “529A” Savings Account – a special account for meeting the needs of certain individuals with disabilities. Under this Act, a Delaware resident taxpayer would be eligible for the deduction regardless of whether they made a contribution to a 529 or 529A plan sponsored by the State of Delaware or another state or institution, so long as the plans met federal criterion.

This bill creates licensing for recovery housing, which is housing for individuals recovering from substance use disorders that provides a safe and supportive substance-free environment and that may include peer support and other recovery support services. Right now recovery housing has no oversight although DSAMH has broad authority to license any setting that treatment is provided. This bill creates guidelines for the Division to actually oversee recovery housing and for recovery housing to obtain licensure by the Division.

This Act appropriates $39,117,700 to provide one-time funded projects through the Office of Management and Budget.

This Bill is the Fiscal Year 2020 Appropriations Act.

This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is assessed on manufacturers of prescription opioids as follows: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed against manufacturers who exceed a threshold of MME dispensed each quarter. 3. The Fee is assessed as follows: • One penny per MME for a prescription opioid dispensed and reported in the PMP. • One-quarter of a penny per MME for a prescription opioid that is a generic. The money in the Prescription Opioid Impact Fund must be spent on the following activities: 1. Opioid addiction prevention. 2. The following opioid addiction services: • Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. • Treating substance use disorder for the under-insured and uninsured. • Emergency assistance relating to prescription opioids, including purchasing Naloxone. 3. Research regarding opioid addiction and treatment. 4. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. The Addiction Action Committee will award grants and contracts from the money in the Fund, based upon priorities developed in consultation with the Behavioral Health Consortium. A standing subcommittee of the Addiction Action Committee that does not contain any State employees will make the recommendations regarding the awards of the grants and contracts. This Substitute Bill differs from Senate Bill No. 176 as follows: • Adds additional whereas clauses to further explain the background for the Fund and Fee. • Gives responsibility for the Fee to the Secretary of State instead of the Secretary of the Department of Health and Social Services, because the PMP and the Controlled Substances Act are under the Secretary of State. • Removes the ability to use the funds from the Fee for Medicaid, and restricts appropriations to specifically-listed activities. • Prohibits using the Fund to supplant existing State funding. • Permits a manufacturer to challenge an invoice for a prescription opioid impact fee through the existing appeal process under the Controlled Substances Act. • Gives responsibility for appropriating funds from the Fund to the Addiction Action Committee. • Lowers the amount of the impact fee for generic drugs. • Establishes a minimum threshold before manufacturers are assessed the Fee. • Removes the restriction on raising prices to consumers because the Fee is unlikely to materially increase the price of prescription drugs because those prices are set on a national basis. • Provides explicitly that the Attorney General may recover interest and reasonable attorney fees and costs in a successful lawsuit to enforce this Act. • Clarifies that the Secretary of State develops the rules and regulations for implementing the Fee. And the Addiction Action Committee, with the Secretary of the Department of Health and Social Services, develops the rules and regulations for implementing the Fund. • Revises the reporting requirements on how money from the Fund is spent. • Provides clear permission to share the PMP data with the Addiction Action Committee, Secretary of State, and Attorney General for the purposes of administering and enforcing this chapter.