Delaware 150th General Assembly (2019-2020) Status: Enacted 3 R cosponsors

HB 214 — AN ACT TO AMEND TITLES 3 AND 16 OF THE DELAWARE CODE RELATING TO RABIES AND OTHER VACCINATION REQUIREMENTS, AND LICENSING.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 12, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 80% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    4 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act supports veterinarians in their effort to protect people from rabies and to ensure the welfare of animals. This Act enables licensed veterinarians to exempt an animal from the mandated rabies vaccination, if the veterinarian determines, based on their professional judgement, that the vaccine would endanger the animal's health and a titer test may be administered to assist in determining the necessity of the vaccine.

Bill Text

What changed in the latest version

85 added · 14 removed

85 line(s) added, 14 removed.

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Latest
Gray HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Gray & Rep.
1 TO HOUSE BILL NO.
Jaques & Sen.
214 AMEND House Bill No.
Hocker & Sen.
214 on line 8 by deleting "age, " after "its" and before "infirmity" therein and inserting in lieu thereof "age, ".
Walsh Rep.
FURTHER AMEND House Bill No.
Shupe HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE BILL NO.
214 on line 29 by deleting "age, " after "its" and before "infirmity" therein and inserting in lieu thereof "age, ".
214 AN ACT TO AMEND TITLES 3 AND 16 OF THE DELAWARE CODE RELATING TO RABIES AND OTHER VACCINATION REQUIREMENTS, AND LICENSING.
FURTHER AMEND House Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
214 on line 40 by deleting "age, " after "its" and before "infirmity" therein and inserting in lieu thereof "age, ".
Section 1.
SYNOPSIS This amendment removes the word "age" from the bill.
Amend § 8204, Title 3 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows and redesignating accordingly:
As written, an animal's "age" would be a reason to exempt the animal from vaccination.
§ 8204.
As amended, the exemption would be based upon infirmity, disability, illness, or other medical consideration, but not age.
Rabies vaccination required for dogs, and cats, and ferrets;
antirabies clinics.
(a) Vaccination of dogs.
— (1) Any person owning a dog 6 months of age or older in this State shall have that dog vaccinated against rabies by a veterinarian;
exemption from vaccination against rabies may be permitted if a licensed veterinarian has examined the animal and based on the veterinarian’s professional judgment, has certified in writing that at the time, vaccination would endanger the animal’s health because of its age, infirmity, disability, illness, or other medical considerations and a titer test may be administered to assist in determining the need for the vaccination.
The owner of the dog will receive a copy of the rabies vaccination certificate legibly signed by the veterinarian.
The owner of the dog will be responsible for keeping a valid rabies vaccination certificate or exemption certificate in their possession for inspection by an animal control officer, the Department of Agriculture or the Division of Public Health, if deemed necessary.
Certification that the animal is exempt from vaccination shall be valid for a period of one year from the date of the issuance of the certificate of exemption, after which time the animal shall be re-examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.
(2) Upon request by an animal welfare officer, the Department of Agriculture, or the Division of Public Health, all owners of kennels, excluding licensed boarding kennels, shall present immediately a valid rabies vaccination certificate or exemption certificate, signed by a veterinarian, for each dog 6 months of age or older owned by the kennel.
Kennel owners will be specifically responsible for keeping all vaccination certificates for all dogs owned or kept at their premise until at least 12 months after the effective expiration date of the vaccination or exemption.
If a dog is sold or traded, then the valid vaccination certificate or exemption certificate shall be given to the new owner of the dog.
If no valid certificate is given to the new owner, the new owner shall have the dog vaccinated and be issued a valid vaccination certificate or examined and HR :
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Certification that the animal is exempt from vaccination shall be valid for a period of one year from the date of the issuance of the certificate of exemption, after which time the animal shall be re-examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.
(b) Vaccination of cats.
— Any person owning a cat 6 months of age or older in this State shall have the cat vaccinated against rabies by a veterinarian;
exemption from vaccination against rabies may be permitted if a licensed veterinarian has examined the animal and based on the veterinarian’s professional judgment has certified in writing that at the time, vaccination would endanger the animal’s health because of its age, infirmity, disability, illness, or other medical considerations and a titer test may be administered to assist in determining the need for the vaccination.
The owner of the cat will be responsible for keeping a valid rabies vaccination certificate or exemption certificate in his or her possession for inspection by an animal welfare officer, the Department of Natural Resources and Environmental Control, the Department of Agriculture, or the Division of Public Health.
Certification that the animal is exempt from vaccination shall be valid for a period of one year from the date of the issuance of the certificate of exemption, after which time the animal shall be re- examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.
(c) Vaccination of ferrets.
— Any person owning a ferret 6 months of age or older in this State shall have the ferret vaccinated against rabies by a veterinarian;
exemption from vaccination against rabies may be permitted if a licensed veterinarian has examined the animal and based on the veterinarian’s professional judgment has certified in writing that at the time, vaccination would endanger the animal’s health because of its age, infirmity, disability, illness, or other medical considerations and a titer test may be administered to assist in determining the need for the vaccination.
The owner of the ferret is responsible for keeping a valid rabies vaccination certificate or exemption certificate in that owner's possession for inspection by an animal welfare officer, the Department of Natural Resources and Environmental Control, the Department of Agriculture, or the Division of Public Health.
Certification that the animal is exempt from vaccination shall be valid for a period of one year from the date of the issuance of the certificate of exemption, after which time the animal shall be re- examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.
(d) Any animal that receives a certificate of exemption under this section must be treated as unvaccinated in case of potential rabies exposure.
(e) Any form necessary to implement this section shall be designed by the Department of Agriculture and made available to licensed veterinarians.
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Amend § 3042F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3042F.
Fees for dog licenses;
terms.
(b) Upon application and payment of the fee for an individual dog owner license, retail dog outlet license, or kennel license, the applicant shall be entitled to receive a license, provided proof of a currently valid rabies vaccination, exemption certificate authorized under § 8204 of Title 3 of this Code, or other documentation required by the Department can be presented for each dog for which the license is sought.
Each individual dog owner license, retail dog outlet license, and kennel license shall show the date on which the license fee is paid.
The Department, or its agent authorized under § 3045F of this title, shall issue each license showing the year for which the license is paid and the serial number of the license.
Each issued license must be accompanied by either a metal tag or an alternative method of identification, such as a microchip or tattoo.
In the event a dog tag is issued, the tag shall be of a design to be adopted by the Department, and shall be affixed to the collar by the owner of such dog.
Dog collars with associated state tags may be removed and need not be worn at all times when the dog is licensed under a kennel or retail dog outlet and is housed in an enclosure or a pen.
If the collar has been removed, a valid dog tag and license must be readily available for review by an animal welfare officer as proof that the individual dog is licensed.
Dogs engaged in the act of hunting are exempted from wearing tags while they are in the act of hunting, but individuals hunting with dogs must have some means of valid identification on the dog, and a valid dog tag and license must be available for review by an animal welfare officer while the dog is in the act of hunting.
Section 3.
This Act will be known as the Maggie’s Pet Vaccine Protection Act.
Section 4.
This Act shall become effective 90 days after enactment.
SYNOPSIS This Act supports veterinarians in their effort to protect people from rabies and to ensure the welfare of animals.
This Act enables licensed veterinarians to exempt an animal from the mandated rabies vaccination, if the veterinarian determines, based on their professional judgement, that the vaccine would endanger the animal's health and a titer test may be administered to assist in determining the necessity of the vaccine.
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 20 YES 1 ABSENT

  3. Reported Out of Committee (Health & Social Services) in Senate with 3 On Its Merits

  4. Assigned to Health & Social Services Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Amendment HA 2 to HB 214 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 214 - Passed In House by Voice Vote

  8. Amendment HA 2 to HB 214 - Introduced and Placed With Bill

  9. Reported Out of Committee (Health & Human Development) in House with 7 On Its Merits

  10. Amendment HA 1 to HB 214 - Introduced and Placed With Bill

  11. Introduced and Assigned to Health & Human Development Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 1 co-sponsors · 57 not signed on

Sponsors (4)

Co-sponsors (1)

Not signed on (57)

57 members have not signed on to this bill.

Show all 57 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 8001
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Not Voting
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 12000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 214 do?
This Act supports veterinarians in their effort to protect people from rabies and to ensure the welfare of animals. This Act enables licensed veterinarians to exempt an animal from the mandated rabies vaccination, if the veterinarian determines, based on their professional judgement, that the vaccine would endanger the animal's health and a titer test may be administered to assist in determining the necessity of the vaccine.
Who sponsors HB 214?
HB 214 is sponsored by Bryan W. Shupe (Republican), John "Jack" Walsh, Gerald W. Hocker (Republican), Ronald E. Gray (Republican), and Earl G. Jaques Jr..
What is the current status of HB 214?
This bill has been enacted into law. Introduced June 12, 2019. Enacted.
Where can I track HB 214?
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