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Bill results

signed · Delaware · Senate Jun 30, 2020

SB 260: AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2021; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2021 APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2021. Section 1 - Government Units and Senior Center $ 26,692,375 Section 2 - One-Times and Community Agencies $ 20,467,399 Section 3 - Fire Companies $ 6,940,706 Section 4 - Veterans Organizations $ 354,318 GRAND TOTAL $ 54,454,798
Quinton Johnson (D) Harris B. McDowell (D) · 8 co-sponsors
in committee · Delaware · House Jun 30, 2020

HB 361: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ZONING.

Time is money. The time and delay associated with the review of land use projects is often a factor in determining whether a potential employer will come to Delaware. This Act, the Bring New Jobs to Delaware Act, is intended to provide an expedited review process for projects likely to have significant economic impact and make Delaware more attractive to potential new employers. This Act applies to new office, manufacturing, and industrial uses (that is, uses which provide significant numbers of new jobs), and excludes new residential projects and commercial (i.e. retail) projects, which typically involve more community review, input, and comment and are not as much in need of an expedited review process. Under this Act, New Castle, Kent, and Sussex Counties each must adopt, by March 1, 2021, an expedited review process for land use plans for a property with an office, business park, manufacturing, or industrial zoning classification and that involves either of the following: (1) More than 75,000 square feet of new space. (2) The creation or addition of at least 60 new, full-time, permanent jobs in the county in which the plan is submitted. The expedited review process must include a timeline that allows for review, final approval, and, if required, recordation of a land use plan within 6 months of the plan’s submission, if all non-county permits and approvals necessary for county approval have been obtained. Residential or commercial retail projects are not eligible for the expedited review process. The expedited review process begins when the plan is submitted for review to the Office of State Planning under Chapter 92, Title 29. A plan under expedited review has priority over a plan that is not under expedited review. An applicant that qualifies is not required to apply for an expedited review. To assist in defraying additional costs associated with an expedited review, a county may charge a 1-time fee of up to $15,000 in addition to other plan review fees. And, if the Office of State Planning requires it, an applicant may be required to pay the Office of State Planning a 1-time fee of $5,000, to be disbursed to the appropriate state agencies. The 1-time, $5,000 fee is in addition to other plan review fees that state agencies may charge. State agencies that are involved in the approval process must use best efforts to timely review and comment on an expedited review.
Mike Smith (R) Bill Bush (D) · 2 co-sponsors
in committee · Delaware · House Jun 26, 2020

HB 358: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FEDERAL CORONAVIRUS RELIEF FUND OF 2020 (CARES ACT 2020)

Delaware received significant funding from the federal government under the CARES Act to address economic harm caused by the Covid-19 public health emergency. This Act recognizes the undue economic harm small businesses faced during the State of Emergency closures in Delaware and specifically instructs that 100,000,000.00 of the CARES Act money be directed to small business through an application process overseen by the Secretary of State and the Delaware Economic Development Authority.
Rich Collins (R) Bryant Richardson (R)
passed both · Delaware · Senate Jun 25, 2020

SB 191: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO EQUAL RIGHTS.

Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. This Act is the first leg of a constitutional amendment to add race, color, and national origin to the Article I, § 21 of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. This Act requires a greater than majority vote for passage because Article XVI, § 1 of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.
Sherry Dorsey Walker (D) Ernesto B. Lopez (R) Melissa Minor-Brown (D) David B. McBride (D) Darius Brown (D) · 26 co-sponsors
signed · Delaware · House Jun 22, 2020

HB 301: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

This Act repeals a provision in the State Employees’ Pension Plan that included participants in the Division for the Visually Impaired’s (“DVI”) Business Enterprise Program (“BEP”) in the State pension plan. BEP participants are meant to be independent blind entrepreneurs operating their own vending facilities in federal and state properties, as authorized by the Randolph-Sheppard Act (20 U.S.C. § 107 et seq.). DVI recruits, trains, licenses, and places individuals who are blind as BEP vending facility operators on state or federal properties. Participation in BEP is under permit or contract. Participants are not State employees; including them in the State Pension Plan or payroll system does not comply with the Randolph-Sheppard Act. This Act is a result of the Joint Legislative Oversight and Sunset Committee's 2019 review of and task force on the Division for the Visually Impaired. The Rehabilitation Services Administration, the federal agency that monitors BEP, recommended removing blind vendors from all state pension and payroll systems. Once enacted, this Act takes effect as of January 1, 2020. DVI removed BEP vendors from the State’s payroll system as of January 1, 2020. New applications for BEP are not pending as of the date this legislation is released.
Tizzy Lockman (D) David Bentz (D) · 7 co-sponsors
in committee · Delaware · House Jun 18, 2020

HB 357: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE AND THE LAWS OF DELAWARE RELATING TO PRESIDENTIAL ELECTORS.

In 48 states, the presidential candidate winning the majority of the popular vote is awarded that state’s total electoral votes. However, the U.S. Constitution does not specify how individual states must apportion these votes. The predominant “winner take all method” is deeply flawed in that the outcome is often not an accurate representation of a state’s diversity of opinion. This measure corrects this inequity in Delaware. The proposed reform would divide the state’s three electoral votes equally among its three counties. The popular vote in each would determine how that county’s single electoral vote would be allocated. Such a system would be unique and proportional, better reflecting the will of the individual Delawarean with greater accuracy and independent strength of geographic location for all Delawareans, not just those in the densely populated areas in this nation or State.
Dave Lawson (R) Stephen Smyk (R) · 6 co-sponsors
in committee · Delaware · House Jun 16, 2020

HB 339: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for a reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) 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 a PBM is less than the pharmacy acquisition cost. If a pharmacist declines to provide a drug or service, the pharmacist must inform the insured that the pharmacist did this because of the costs of providing the drug or service and provide the insured with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or insured. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM’s registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Sokola (D) Anthony Delcollo (R) Andria L. Bennett (D) Mike Smith (R)
in committee · Delaware · House Jun 16, 2020

HB 338: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the Washington Accord be afforded the same recognition as EAC of ABET graduates. The Washington Accord is an international agreement between bodies responsible for accrediting engineering degree programs. Signatories of the Accord mutually “recognize the substantial equivalency of participating organizations’ accreditation processes and their graduates’ preparedness to begin professional practice at the entry level.” ABET and Engineers Canada are signatories of the Accord among a total of 20 representing agencies from every continent. This Act will give holders of degrees from engineering programs accredited by Washington Accord signatories the same recognition as EAC of ABET graduates. The required engineering experience for such applicants will be four years. This Act also proposes modifications that would expand licensure comity. While many professions in Delaware use the term “reciprocity” to define the process whereby an individual licensed in one jurisdiction may become licensed in Delaware, the term “comity” is used in the licensing law for professional engineers. To promote international engineering licensure mobility, this Act provides that the Council may license an applicant who is an International Professional Engineer (IntPE), meaning that the applicant has been fully and rigorously evaluated and approved by the International Engineering Alliance (IEA). NCEES is a member of the IEA and the International Professional Engineers Agreement (IPEA). There are currently 15 other members of the IPEA including Engineers Canada. “The International Professional Engineers Agreement recognizes the substantial equivalency of standards establishing the competency of professional engineers for independent practice.” Engineers who are licensed by agencies that are members of IPEA undergo a rigorous application process for registration as IntPEs. NCEES is an IPEA member and maintains a registry of U.S. licensed engineers who have attained IntPE status. Engineers registered as IntPEs would be provided with the same eligibility for comity within the U.S. as would U.S. state-licensed engineers. This applicant will also need to present proof of five years of experience obtained after initial licensure. This Act further proposes that an applicant who has been designated as a Model Law Engineer by NCEES may be issued a license administratively on the basis that the applicant has already been vetted by the profession’s governing body. Other provisions pertaining to comity have been amended to make the Practice Act consistent with other statutes governing professional licensure. Specifically, the comity provision pertaining to licensure by experience has been revised to require five years of licensed experience rather than the current ten years. The standards for licensure by comity have been amended to ensure that the applicant has a current license in good standing from the originating jurisdiction. This Act clarifies the grounds for denial of an application to explicitly include discipline in another jurisdiction. This Act eliminates the requirement that licensees must acquire an embossing seal and allows them to choose a seal format, such as embossing, stamp or electronic. Finally, this Act strikes references to permits on the basis that compliance with temporary permit requirements is difficult for the Council to monitor. Further, as an alternative to the temporary permit, an expedited path to licensure will be available for applicants with the Model Law Engineer designation.
Ron Gray (R) David B. McBride (D)
in committee · Delaware · House May 29, 2020

HB 340: AN ACT PROPOSING AN AMENDMENT TO ARTICLES II AND III OF THE DELAWARE CONSTITUTION RELATING TO STATE OF EMERGENCY ORDERS.

Delaware’s Constitution does not currently require the Governor to inform the General Assembly in advance of issuing extensions to State of Emergency Orders or any executive order extending, amending, guiding or modifying a State of Emergency Order. In that the General Assembly is a separate branch of government, serving as a necessary check on executive power, these constitutional amendments require the Governor to inform the General Assembly no later than 24 hours prior to the issuance of a State of Emergency Order Beyond 14 days, including any executive order extending, amending, guiding or otherwise modifying a State of Emergency Order. In such circumstances the Senator Pro Tempore and the Speaker of the House shall convene four members of the General Assembly, one from each caucus of the House and Senate sitting on an appropriate House or Senate Committee, to review and consider the extension, amendment, guidance or modification to any State of Emergency Order.
Anthony Delcollo (R) Jeff Spiegelman (R) · 6 co-sponsors
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