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Delaware Bills

Track legislation and stay informed about the bills that matter to you.

State Legislature US Congress

All 5,473 Active 1,246 In committee 1,188 Passed 1,860 Signed 2,287 Failed 68

in committee · Delaware · Senate Jun 20, 2019

SB 163: AN ACT PROVIDING FOR A STRATEGIC REVIEW OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND PRESENTATION OF RECOMMENDATIONS REGARDING A COMPREHENSIVE RESTRUCTURING THEREOF TO THE JOINT FINANCE COMMITTEE.

The Department of Health and Human Services (“DHSS”) was established in 1970 by legislative enactment with a broad and crucial mandate: to supervise the health, wellbeing, and life of Delaware citizens. In the decades since, the population of Delaware has increased, and the needs of Delaware citizens have required increasingly complex and costly medical interventions, particularly for those most vulnerable among us, such as the elderly and those suffering from addiction. To serve this broad array of individual needs, DHSS has adapted to provide personalized and individualized services to citizens at a level of direct care. Additionally, the broad language of DHSS’ authorizing statute has required it to maintain focus on other policy initiatives, such as promoting public health and administering healthcare through Medicaid while maintaining compliance with state and Federal laws and regulations, which themselves have grown in complexity. Given the advancements in both individualized care and the policy landscape, the inevitable conclusion is that DHSS’ dual roles must be separated into two separate Departments with Cabinet-level representation. Doing so will ensure that Delawareans receive high-quality care on an individualized basis, and will recommit a separate agency to its important policy objectives, such as maximizing efficiency and reducing the cost associated with waste that arises when an agency’s functions become too manifold for the agency to be efficient and effective. This Bill establishes a committee of members from various state agencies, as well as the legislative and executive branches and individuals representing the healthcare industry and Delaware citizens. The strategic mission of this Committee is to implement a separation of DHSS’ current organizational structure into two separate cabinet-level Agencies. The Bill also establishes a timeline for action by the Committee that will encourage it to act quickly and with clear direction to maximize efficiency and reduce the costs associated with waste.

in committee · Delaware · House Jun 19, 2019

HB 233: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

This Act expands the definition of “prescription drug order” to include electronic prescribing and makes Gabapentin a Schedule V controlled substance. Gabapentin is a prescription medication which is used to treat partial seizures and neuropathic pain. However, Gabapentin is also used to increase the effects of opioids, which potentially increases the risk of overdose death when used in combination with opioids. Gabapentin has become a drug of abuse with users reporting effects such as euphoria, a marijuana-like high, and other users describing their state after taking the medication to be zombie-like. The United States has seen substantial increases in the rate of Gabapentin prescribing and abuse. Several states, including Kentucky, Ohio, and West Virginia, have already classified Gabapentin as a Schedule V controlled substance. Classifying Gabapentin as a Schedule V controlled substance in Delaware will permit the State to monitor the prescription of the drug and address issues of abuse.

in committee · Delaware · House Jun 19, 2019

HB 201: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE STATEWIDE PROGRAM FOR SERVICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER.

This Act requires the Department of Education ("Department") to administer the statewide program for services for students with autism spectrum disorder (“program”) and that the Department must hire the Director of the program.

in committee · Delaware · Senate Jun 19, 2019

SB 155: AN ACT TO AMEND THE DELAWARE CODE RELATING TO THE DELAWARE CRIMINAL CODE.

This Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by aligning the definition of “firearm” with the definition in federal criminal background check law. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is substantially the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applied throughout the Delaware Code. When the Delaware Criminal Code was adopted in 1972 there were 9 mentions of “firearm” in the Delaware Criminal Code. Today, there are 194 mentions of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of mentions of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new mentions have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3).

in committee · Delaware · House Jun 19, 2019

HB 10: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE PROSECUTION.

United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2021, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.

in committee · Delaware · House Jun 19, 2019

HB 75: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE YOUTH SERVICES COMMISSION OF DELAWARE.

This Act clarifies that the Department of Services for Children, Youth and Their Families (DSCYF) has exclusive jurisdiction over a juvenile's care, custody, and control for any juvenile until at least their 18th birthday. Further, this Act stipulates that juveniles found guilty and sentenced to a Superior Court offense shall remain in the custody, care, and control of DSCYF until they turn 18. Youth with Superior Court terms of confinement which extend beyond their 18th birthday shall be transferred to the custody of the Department of Correction for the remainder of their sentence after they turn 18. This Act also clarifies that Family Court is permitted to retain jurisdiction in some cases and Family Court may require DSCYF to provide services and supervision for non-incarcerated persons aged 18-21. Finally, the Act allows individuals charged in in Family Court before they turn 18 to be held by DSCYF until they turn 19.

in committee · Delaware · House Jun 19, 2019

HB 218: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LICENSED PROFESSIONAL ART THERAPISTS.

This Act, the Art Therapist Reimbursement Act, expands consumers' access to mental health care by designating licensed professional art therapists as reimbursement-eligible under health insurance contracts in this State. By assuring parity and equity in health care, this Act not only secures art therapy services for consumers, but operates to increase the number of licensed professional art therapists available in this State to advance the State's comprehensive behavioral health, trauma-responsive, early-intervention, and student success initiatives. This Act also allows licensed professional art therapists to provide art therapy services in various treatment settings to expand mental health access in this State.

in committee · Delaware · House Jun 19, 2019

HB 216: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REIMBURSEMENT FOR AND PROVISION OF PRESCRIPTION DRUGS OR PHARMACY SERVICES.

This Act authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an “insured” if the amount reimbursed by an entity subject to the Act is less than the pharmacy acquisition cost. This Act also prohibits a pharmacy benefits manager from reimbursing a pharmacist or pharmacy for a prescription drug or pharmacy service in an amount less than the pharmacy benefits manager reimburses itself or an affiliate for the same prescription drug or pharmacy service.

in committee · Delaware · House Jun 19, 2019

HB 76: AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO JUVENILE PROSECUTION.

This Bill requires the Department of Services for Children, Youth and Their Families ("DSCYF'') to have exclusive jurisdiction over all aspects of a child’s care, custody and control when a child is convicted of a Superior Court offense. The Act establishes that from a date certain, no more juveniles would be transferred to the custody of the Department of Correction upon their adjudication and Level V sentence in Superior Court.

in committee · Delaware · House Jun 19, 2019

HB 162: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO GRANTS-IN-AID.

This bill creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view requests for grants-in-aid and to develop the grants-in-aid appropriations bill.

in committee · Delaware · House Jun 19, 2019

HB 187: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JURISDICTION OF THE JUSTICE OF THE PEACE COURT.

This Act would both raise the jurisdictional limit of the Justice of the Peace Court to $25,000 and allow Justice of the Peace to consider claims in excess of the jurisdictional limit where the underlying matter involves a commercial tenancy and possession of the rental unit is at issue. Currently, if a party is owed rent in excess of the jurisdictional limit they must either submit to the jurisdictional limit of the Court and forego the portion of the claim which exceeds the jurisdictional limit or bifurcate the case, filing both for possession in the Justice of the Peace Court and a debt action in a court of competent jurisdiction. While this Act would increase efficiency in terms of allowing one court to consider all aspects of the case it would in no way preclude a party from bifurcating the action if they chose to do so.

in committee · Delaware · House Jun 19, 2019

HB 196: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE DELAWARE WRONGFUL IMPRISONMENT COMPENSATION ACT.

Thirty-three states and the District of Columbia have established a process for compensating individuals who have been wrongly convicted. This Act creates such a process for Delaware.