This Act updates § 503 of Title 13 by replacing the outdated term “poor person” with the term, “a person unable to financially support oneself”. This language change is a technical change to conform existing law to the standards of the Delaware Legislative Drafting Manual. In addition, this Act clarifies that § 503 of the Title 13, relating to the duty to support a person unable to financially support oneself (formerly “poor person”), includes the duty to a support an adult child with a disability that cannot support oneself. This duty is articulated in H. v. V., 2018 Del. Fam. Ct. LEXIS 4, where the Family Court found that a parent of a 22 year-old adult child diagnosed with severe autism was statutorily obligated to provide support to the adult child.
This Act changes the date by which a person who wishes to be nominated for Town Council in the Town of Ocean View must file their Certification of Intent and $50 filing fee with the Board of Elections from at least 30 days prior to the election to at least 45 days prior to the election.
This Act makes technical corrections to the Department of Finance’s existing background check authority to ensure access to FBI criminal history record information. The Department of Finance applied for federal “Rap Back” reporting and was denied, so the unacceptable language is being eliminated to facilitate access. Although the intended impact is the same, this Substitute uses different language than House Bill No. 323 based on feedback from the State Bureau of Identification and DELJIS.
This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for pregnant persons at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the pregnant person’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act makes several changes to the Delaware Code relating to the Department of Finance (“Department”). Specifically: (1) Section 1 of this Act increases public transparency and clarifies that any officer or employee of the Department, or employee of this State who has access to tax returns or information from tax returns, may disclose information that appeared on the face of an expired license previously required to be displayed under § 2109 of Title 30. (2) Sections 2 and 3 of this Act define a trust fund tax, lists current trust fund tax types, and updates Title 30 to align all assessment and collection timelines for trust fund tax types. (3) Section 4 of this Act simplifies that the requirements that allow the Department’s Division of Revenue to take an extended lookback by removing repealed taxes and clarifying that exceptional underreporting measures are applied only against the tax liability and not other tax calculation elements. (4) Section 5 of this Act updates Title 30 regarding the notice of finality as it relates to trust fund taxes. (5) Section 6 of this Act modifies the filing due date for all 1099 forms to January 31 following the close of the taxpayer’s taxable year. (6) Section 7 of this Act clarifies the definition of “transfer.” (7) Sections 8, 9, and 10 of this Act make retroactive technical changes to the trade name registration process under Title 6.
This Act proposes modifications to the in-building regulations regarding bi-directional amplifiers (BDAs). Currently, buildings that are modified or renovated to exceed 25,000 square feet are not required to meet the GAT (Grid Acceptance Test) at 95% compliance for 800 MHz public safety in-building communications coverage, as is required for new buildings. In some cases, contractors are tearing down all but one exterior wall and rebuilding which has drawn concern from Division of Communications. The BDA helps to maintain quality in-building communications and to prevent “dead zone” areas so emergency public safety personnel can communicate during a response to an emergency situation. This Act also removes language pertaining to an advisor committee that is no longer needed. The Act also removes the requirement that the Department of Safety and Homeland Security publish a map of buildings with these communication technologies due to safety concerns.
This Act is the first leg of a constitutional amendment to hold a special election when there is a vacancy in the office of Lieutenant Governor, unless that vacancy occurs between July 1 of the year in which the Lieutenant Governor is chosen and the date the Lieutenant Governor’s term begins. This Act is modeled after the process of holding a special election for a vacancy for a member of the General Assembly. As with special elections for the General Assembly, the details of the special election process for the Lieutenant Governor will be made part of Title 15 by separate legislation introduced along with the second leg of this constitutional amendment in the 154th General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
New Castle County's Human Resources Advisory Board is responsible for making recommendations to the Chief Human Resources Officer, the County Executive, and County Council on ways to improve human resources administration in County government. This Act increases Board membership from 3 to 7 members and reduces members' terms from 6 to 4 years. The Board will tangibly benefit from these changes, which will bring with them alternative views and will lead to a healthy challenge and improvement to existing policies and processes. This Act also provides that a member who is serving when this Act is enacted may complete the member's 6-year term, and the member's successor and each successor thereafter will serve the 4-year term provided under this Act. Finally, this Act makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act strengthens procedural protections for pharmacies, pharmacists, and consumers related to regulation of a pharmacy benefits manager by doing all of the following: Adds definitions for the terms “chronic or long-term condition”, “net amount”, “purchaser”, “recoupment”, “similarly situated contracted pharmacy”, and “wholesale invoice audit.” Applies audit notice requirements uniformly and ensures access to an appropriate point of contact. Requires a pharmacy benefits manager to provide a list of records that the auditing entity seeks to audit at least 5 business days before an audit. Limits activities to once every 12 months and sets standards for wholesale invoice audits. Ensures audit costs are borne solely by the pharmacy benefits manager. Clarifies that a pharmacy can appeal the amount of any reimbursement and that a contracted pharmacy’s representative can take actions and receive notices related to appeals on behalf of a pharmacy. Extends pharmacies’ ability to appeal from 10 days to 40 days to account for entities that complete retroactive billing. When an appeal is denied, requires the parties to provide a detailed reason for the denial and specific information about how the pharmacy can appeal the denial to the Department of Insurance. Prohibits retaliation by a pharmacy benefits manager when a pharmacist or pharmacy discloses information to a government agency or during a proceeding if the person who disclosed the information had reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law. Requires that a pharmacy benefits manager must provide at least 60 days’ notice before amending a contract with a pharmacy or pharmacist. Clarifies that the prohibition against spread pricing applies to all purchasers contracting with pharmacy benefits managers. Changes the reporting requirements for rebates so that pharmacy benefits managers must file the required reports annually instead of quarterly. This change will reduce the amount of incorrect or unclear reporting because rebates are aggregated and reported at the end of the period of time under each contract. Amends national drug acquisition cost compliance to refer to the date of service. Prohibits pharmacy benefit managers from unit-of-use requirements inconsistent with smallest package size availability and manufacturer recommendations. Requires that pharmacy benefit managers may not require pharmacies to dispense therapeutically equivalent or alternative drugs that cost the enrollee more out of pocket than the prescribed drug except for medical reasons. Ensures that enrollee-identifiable or prescriber-identifiable information is not transferred to or shared with affiliated pharmacies for any commercial purpose other than those defined. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill directly responds to New Castle County Council Resolution 26-018 by expressly authorizing New Castle County Council to establish a right of tenure for New Castle County’s Assistant County Attorneys and other professional legal staff by ordinance. Like the similar rights granted to the employees of the State of Delaware Department of Justice and the City of Wilmington’s legal staff, these rights will serve to promote recruitment and retention of high-quality legal professionals, promote continuity of legal services, and further the public’s interest in the provision of independent legal advice.
This Act amends Title 23 of the Delaware Code to increase the maximum draft limit applicable to sixth class pilots from 27 feet to 29 feet, enabling the safe pilotage of deeper-draft vessels and aligning pilotage standards with modern shipping practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act clarifies the application of the marijuana establishment spacing requirement in § 1354(e), Title 4 of the Delaware Code, by specifying that the distance limitation applies only to retail marijuana licenses. The Act aligns the marijuana licensing framework with Delaware’s existing liquor-control statutes, which impose spacing requirements on consumer-facing retail outlets but not on upstream operations such as production or wholesale activities. By limiting the spacing requirement to retail licenses, the Act permits the co-location of non-retail marijuana operations, including cultivation, manufacturing, and testing facilities, while preserving the Commissioner’s full regulatory authority over licensing, inspection, and enforcement.
