Delaware Bills

This Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician and a consulting physician agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act uses terms and definitions that are consistent with other Delaware laws in Title 16, specifically Chapter 25 (regarding advance health-care directives) and Chapter 25A (regarding Delaware Medical Orders for Scope of Treatment). This Act also provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. 3. Both the individual's attending physician and a consulting physician must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician may prescribe the medication to end life. 9. An insurer or health-care provider may not deny or alter healthcare benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 10. A health-care institution may prohibit a physician from prescribing medication to end life on the health-care institution's premises. 11. The cause of death for an individual who self-administers medication under this Act must be listed as the underlying terminal condition and a request or prescription for or the dispensing of medication under this Act does not constitute a suicide, assisted-suicide, homicide, or euthanasia. 12. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 13. The Department of Health and Social Services must develop rules and regulations to collect information regarding compliance with this Act, complete an annual statistical report of information collected under this Act, and may review samples of records maintained under this Act. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.

This Bill requires all statewide and other candidates that may appear on the general election ballot to disclose whether or not all their State and Federal personal income tax returns are filed and any tax due has been paid and whether or not all their real property taxes have been paid.

This bill provides for election day registration for presidential primary, primary, special, and general elections whereas currently the deadline is the fourth Saturday prior to the date of the election. Moreover, same day registration at polling places will be permitted with submission of valid government issued identification or other generally accepted proof of identification.

This Act is the first leg of a constitutional amendment that would ensure that legislative business is conducted at a reasonable time during a special session to enable the public to monitor and participate in the legislative process. Specifically, this Act: (1) Prohibits the regular session of the General Assembly from extending beyond 7:00 p.m. on the last day of June, unless the session is recalled by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 7:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This change negates the Supreme Court’s ruling in Opinion of the Justices, 405 A.2d 694 (Del. 1979), that “the General Assembly, by operation of law, is required to stop its session at midnight of June 30th annually and it cannot continue by Legislative initiative unless ‘the session is recalled by . . . the mutual call of the presiding officers of both Houses.’” (2) Requires that a session of a special session adjourn or recess to the call of the chair not later than 11:59 p.m. on June 30, unless otherwise provided by a resolution passed by a 2/3 vote of all members elected to both Houses. (3) Prohibits a session of a special session from being called to order before 9:00 a.m. on any other calendar day or being adjourned or recessed to the call of the chair later than 9:00 p.m. on any other calendar day, unless otherwise provided by a resolution passed by a 2/3 vote of all members elected to both Houses. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that the General Assembly will continue its traditional practice of recessing to the call of the chair to enter a temporary recess of a special session, from which a presiding officer may then recall the officer’s House at that officer’s pleasure.

This Act replaces Senate Bill No. 69 (150th General Assembly) and does the following: (1) Creates an application process to obtain a handgun qualified purchaser card, to authorize the purchase of a handgun, or a firearms qualified purchaser card, to authorize the purchase of firearms other than a handgun. Like Senate Bill No. 69, this Act then requires licensed importers, manufacturers, or dealers, as well as unlicensed persons, to require an individual to present the individual's handgun qualified purchaser card or firearms qualified purchaser card before selling or transferring a firearm to an individual. (2) Requires that an applicant complete a firearms training course within 2 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (3) Sends to law-enforcement information that is already collected at the time of sale and required under federal law to be made available to law-enforcement. This change assists law-enforcement in the criminal investigations they already conduct. This Act differs from Senate Bill No. 69 in the following ways: (1) It makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records of sales and transfers of firearms for their use during criminal investigations or prosecutions. (2) It exempts individuals licensed to carry a concealed deadly weapon from the requirements under this Act to complete a firearms training course. Individuals licensed to carry a concealed deadly weapon must already complete a firearms training course to be licensed. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill requires an elected official or other paid appointed official of this state or any county or political subdivision who is also employed by any state agency, education, or other institution, or any other political subdivision of this State to disclose such employment to the Public Integrity Commission (PIC). This disclosure will assist the PIC and the State Auditor in evaluating if the official is receiving dual compensation for coincident hours of work.

This Act adds 2 members, appointed by the Delaware Nursery and Landscape Association, to the Delaware Native Species Commission.

The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

This bill provides an annual cost of living adjustment for qualified state pensioners equal to the cost of living adjustment provided by the National Consumer Price Index, which also serves as the annual adjustment for Social Security benefits.

This bill increases affordable housing and was created to financially assist renters struggling with low income and renters that are elderly, that are not receiving other subsidized housing benefits. If the portion of rent attributable to the assumed property taxes exceeds a fixed amount in relation to income, the renter can, under specified conditions, receive a credit of as much as $250.

This bill adds the Department of Correction, Bureau of Prisons and Bureau of Community Corrections' vehicles to the list of "authorized emergency vehicles" identified in Chapter 41 of Title 21 that are afforded certain privileges when responding to an emergency.

This bill will allow a non-resident full-time student in a public or private postsecondary educational institution in this state to purchase a hunting, trapping or fishing license at the same fee charged a resident for the same license.