Delaware Bills

signed · Delaware · House Jun 14, 2022

HB 323: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO MERGERS OR CONSOLIDATION OF INSURERS.

This bill requires that the Commissioner’s retention of any outside attorneys, actuaries, accountants, and other experts in the review of any application for merger or consolidation of a domestic insurer be at the expense of the party applying for such merger or consolidation. This bill aligns the payment of the Commissioner’s expenses for mergers and consolidations with other acquisitions under Chapter 50 of Title 18 of the Delaware Code. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jun 14, 2022

SB 253: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INFLUENZA IMMUNIZATIONS.

This bill provides flexibility for nursing and assisted living facilities to make hiring decisions contingent on staff influenza vaccination status.

signed · Delaware · Senate Jun 14, 2022

SB 246: AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO INSPECTION OF PUBLIC RECORDS.

Delaware’s Freedom of Information Act (“FOIA”) was intended to create a State-wide and generally applicable standard for citizens’ access to public records and to further the accountability of government to the citizens of this State. To ensure consistency in the processing of requests for public records, and to ensure the goals of FOIA are being realized, this bill amends earlier-enacted provisions in the Delaware Insurance Code and Administrative Procedures Act related to public inspection of State agency documents to incorporate by reference the requirements of the later-enacted FOIA statute.

signed · Delaware · House Jun 14, 2022

HB 307: AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY RELATING TO MUNICIPAL ELECTIONS AND ORGANIZATION OF THE TOWN COUNCIL.

This Act amends the Town of South Bethany Charter to provide the correct citation to charter provisions relating to residency. Additionally, the Council organizational meeting will be within 30 days after the election of members instead of being the first Saturday after the elections.

signed · Delaware · Senate May 10, 2022

SB 1: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This Act, the Healthy Delaware Families Act, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks of paid family and medical leave through the State's paid leave trust fund for a qualifying event, including for the following: (1) To address a worker's own serious health condition. (2) To care for a family member with a serious health condition. (3) To bond and care for a new child. (4) To address the impact of a family member's military deployment. This Substitute to Senate Bill No. 1 differs from Senate Bill No. 1 with regard to the eligibility determination process, covered relationships, length of leave, forms of leave covered, cumulative leave, eligibility criteria, implementation timeline, appeal process, departmental powers, and not requiring participation from certain smaller businesses. This Substitute differs from Senate Substitute No. 1 to Senate Bill No. 1 by making technical corrections, clarifying intent and providing greater statutory detail with regard to appeals, coordination of benefits, definitions, private plans, and departmental powers, and providing temporary flexibility regarding implementation.

signed · Delaware · House May 3, 2022

HB 271: AN ACT TO AMEND TITLES 13 AND 29 OF THE DELAWARE CODE RELATING TO INDEPENDENT LIVING SERVICES FOR YOUNG ADULTS AGING OUT OF FOSTER CARE.

The Department of Services for Children, Youth and Their Families (DSCYF) is charged with providing transitional and independent living services for youth ages 14 to 21. The Division of Family Services (DFS) contracts for case management services for youth ages 16 to 21, with services designed to promote self-sufficiency and responsible living for young adults who are aging out of foster care. Participants receive life skills training and personal development, mentoring, tuition assistance, and support with transitional housing. Participants may also qualify to receive needs-based stipends through ASSIST (Achieving Self Sufficiency & Independence through Supported Transition) to help with living expenses. DFS recently changed the name of the Independent Living Program to the “Transitional and Independent Living Program” to better reflect the comprehensive nature of services offered to youth. This bill updates references to the program to include “transitional” and independent living services. During the COVID-19 pandemic, the federal government provided additional funding to support young adults who were eligible for independent living services until age 27. The intent was to provide additional support for youth and mitigate the impact of the pandemic on their housing and employment status. DFS exercised this additional funding authority via a mandatory directive from the DFS Director. While the mandatory directive provision expanding services expired in October 2021, DFS decided it would continue providing independent living services for youth until age 23 because of the success observed on behalf of youth. This mandatory directive provision will expire in September 2022, and this bill will grant DFS the statutory authority to continue providing transitional and independent living services for youth until age 23. Expanding independent and transitional living services from age 21 to age 23 better aligns with case management requirements of housing assistance programs, will support youth with transitioning from post-secondary education programs into the workforce, and will help maintain a longer connection to youth required to complete federal reporting for DFS.

signed · Delaware · Senate Apr 28, 2022

SB 238: AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY RELATING TO REVENUE.

This Act amends the Delaware City Charter to provide that the Mayor and Council may impose a 3% tax on gross rental income for any lot operating a park for recreational vehicles, load or truck campers, camping trailers, travel trailers, trailers, or motorhomes, located within the boundaries of the city. The Act further amends the Delaware City Charter to provide that the Mayor and Council may impose a tax, of no more than 3%, on rents or lease payments from apartments and other leased premises that are not subject to City property taxes and that are located within the boundaries of the city.

signed · Delaware · House Apr 28, 2022

HB 320: AN ACT TO AMEND TITLE 24 RELATING TO PRESCRIBING MEDICATIONS FOR THE TERMINATION OF PREGNANCY.

In 2000, the United States Federal Drug Administration ("FDA") first approved the Risk Evaluation and Mitigation Strategy ("REMS") for Mifeprex; and approved the generic version of Mifeprex, Mifepristone, in 2019. A regimen approved by the FDA in 2016 for Mifeprex and Mifepristone includes the use of Misoprostol. Under the REMS approved by the FDA, healthcare providers who wish to prescribe Mifepristone, Misoprostol, or Mifeprex must complete a Prescriber Agreement before ordering and dispensing the medication. Physicians assistants and advanced practiced registered nurses (APRNs) are healthcare providers who are eligible to prescribe these medications under the REMS. This bill allows physician assistants and advanced practice registered nurses to prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.

signed · Delaware · Senate Apr 28, 2022

SB 210: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM.

This Act responds to the promulgation of final federal regulations, 85 FR 74010, for state-sponsored savings programs under section 529A of the Internal Revenue Code, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (“ABLE”), through which contributions may be made to the account of an eligible individual with a disability to meet qualified disability expenses. The federal regulations, among other things, resolve questions related to who may establish and exercise signature authority over an ABLE account. The final regulations clarify that an eligible individual with legal capacity may delegate signature authority to any other person and provide a hierarchy of persons who may establish or exercise signature authority over an ABLE account for an individual without legal capacity. The final regulations also clarify that expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses. The Act makes changes to Chapter 96A of Title 16 of the Delaware Code for the sole purpose of conforming the Code to these aspects of the final regulations.

signed · Delaware · House Apr 28, 2022

HB 274: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CHANGE OF NAME.

This Act repeals the requirement that individuals seeking to change their name publish notice of the petition for change of name in a newspaper published in the county in which the proceeding is had at least once a week for 3 weeks before the petition is filed. This provision does not exist in 20 other states, including our neighbors in New Jersey, Maryland, and Virginia, and serves to only add an additional financial barrier to those seeking to change their name.

signed · Delaware · House Apr 28, 2022

HB 296: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO SCRAP METAL PROCESSORS.

All three counties in Delaware have been plagued with thefts of catalytic converters, which contain precious metals having significant monetary value in the scrap metal industry. This Act adds catalytic converters to the list of items for which scrap metal processors shall create a record and provide information when acquired. Amending Section 24(b)(1) to specifically include catalytic converters as items that the industries regulated by Chapter 23 must report will enhance enforcement of this Chapter and assist law enforcement by providing a mechanism to follow-up on thefts of converters and to obtain solvability factors in the ever-growing trend associated with thefts of converters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Apr 28, 2022

SB 218: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIVING DONOR PROTECTION ACT.

This Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy. At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.

Bill results