Delaware Bills

signed · Delaware · House Jul 17, 2019

HB 159: AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.

This Act amends the municipal Charter of the City of Newark to permit the City of Newark to provide sanitary sewer service to properties outside of the Newark corporate limits without annexing these properties. Under this Act, sewer services may be provided to properties outside of the Newark corporate limits at the request of the property owner and if approved by New Castle County and the City of Newark. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 17, 2019

HB 59: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMUNITY TRANSPORTATION FUND.

This Act requires the Secretary of the Department of Transportation to publish the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund.

signed · Delaware · Senate Jul 17, 2019

SB 115: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.

This Act makes updates to the Joint Legislative Oversight and Sunset Act (“JLOSC Act”) to meet modern-day needs and practices. First, this Act defines “highest administrative officer” to clarify that the executive branch, cabinet-level officer of an entity under review must be present at public hearings under the JLOSC Act. Other states have an equal mix of requiring the presence of the cabinet-level official, requiring the presence of the division-level leader, or not clarifying which of the 2 positions must be present. This Act contemplates circumstances under which a person other than the cabinet-level officer may be more appropriate to appear at JLOSC hearings, and therefore authorizes the officer, with the JLOSC Chair’s approval, to appoint a designee to meet the officer’s obligations, or the JLOSC Committee to designate a person other than the officer. This Act also makes changes to specific deadlines that are out-of-step with JLOSC’s practices and needs. In doing so, this Act also clarifies language regarding JLOSC staffs’ duties and requirements for the JLOSC’s draft report. Finally, this Act makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 17, 2019

HB 194: 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 PBMs. Specifically, this Act does the following: (1) Requires PBMs to register with the Insurance Commissioner. (2) Permits the Insurance Commissioner to issue cease and desist orders based on fraudulent acts or violations of Chapter 33A of Title 18 committed by PBMs. (3) Requires PBMs to maintain certain records. (4) Permits the Insurance Commissioner to examine the affairs of PBMs. (5) Grants the Insurance Commissioner the authority to enforce Chapter 33A of Title 18 by imposing fines, requiring PBMs to take affirmative actions, and suspending, denying, or revoking a PBM’s registration. In addition, this Act updates existing law regarding maximum allowable cost lists and establishes a more transparent appeals process for a pharmacy to rely on if a PBM does not reimburse the pharmacy the amount owed under their contract or the maximum allowable cost list. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 17, 2019

HB 219: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.

This Act allows the Department of Agriculture to establish fees that may be charged for participation in the Delaware Hemp program.

signed · Delaware · Senate Jul 17, 2019

SB 72: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

This bill serves to "decouple" the required examination in Principles and Practice of Engineering from the experience requirements. Applicants who have met their educational requirements may take the examination prior to completion of their experience. (This amendment does not apply to applicants who become licensed solely through experience without an educational component.) Decoupling serves to safeguard life, health, and property and promotes the public welfare by encouraging and facilitating engineering students and new engineers to pursue licensure without lowering the requirements for licensure. Currently, 16 states allow applicants to take the examination before completion of 4 years of experience. This bill also specifies that, for comity applicants, experience may be accepted even where it is obtained outside of the states, territories, or possessions of the United States, the District of Columbia, or provinces or territories of Canada.

signed · Delaware · House Jul 17, 2019

HB 109: AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.

This Act amends the municipal Charter of the City of Newark as follows: 1. Eliminates the ability of artificial entities to vote in elections to borrow money. 2. Limits voters who are eligible to vote both as a qualified voter and as an owner of property to only 1 vote in an election to borrow money. 3. Shortens the time for the owner of real estate to redeem property assessments from 1 year to 6 months. 4. Updates outdated provisions regarding telegraph poles, qualifications for city manager, election procedures, and the Delaware Freedom of Information Act. 5. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including making provisions contained in this Act gender neutral.

signed · Delaware · House Jul 17, 2019

HB 108: AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON RELATING TO CONTRACTS AND ENUMERATION OF POWERS.

Section 1 of this bill amends the Charter of the Town of Milton relating to purchasing contracts. Specifically, the bill: raises the monetary thresholds to be more in line with the State of Delaware, Material and Non-Professional Service Purchase Thresholds, known as policy 5.3.1; clarifies that the Town need not competitively bid again if the results were unreasonable or not independently reached; and adds a new exclusion for purchases made pursuant to the State of Delaware procurement process or from a vendor on the General Services Administration Federal Supply Schedule. Section 2 of the bill clarifies that the Town may levy and collect property taxes on an annual and on a quarterly supplemental basis.

signed · Delaware · Senate Jul 17, 2019

SB 178: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES.

The Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County. This Substitute places the lodging tax imposed by the Act in the same Delaware Code provision where the New Castle County lodging tax is placed and where the Sussex County lodging tax is proposed to be placed by House Bill No. 228 (150th General Assembly). This change in placement also results in excluding rentals by the Department of Natural Resources and Environmental Control from the lodging tax established by § 8112 of Title 9. This change also does the following: (1) Makes clear that the lodging tax power under § 8112(a) of Title 9 refers to New Castle County. (2) Makes technical corrections to the language of the Act, and existing law, to conform it to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 17, 2019

SB 84: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.

This Act revises the Delaware Native Species Commission by doing the following: 1. Adds a member from the Delaware Department of Transportation. 2. Removes the requirement that Governor appointees be citizens of this State. 3. Requires that the members who represent stakeholder commercial interests represent those interests in Delaware. 4. Adds 2 additional public members.

signed · Delaware · Senate Jul 17, 2019

SB 128: AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

This Act expands the collection procedures available to the Division of Unemployment Insurance to more closely match the collection procedures currently available to the Division of Revenue providing the Division of Unemployment Insurance with streamlined procedures to allow it to more quickly and easily execute on judgments for unpaid unemployment insurance tax assessments. These procedures include obtaining warrants for the levy and sale of property; extending liens; garnishments of wages, bank accounts, and other property; and denying or suspending professional licenses of judgment debtors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from Senate Bill No. 128 as follows: 1. Provides authority for appeals tribunals to hear protests under § 3368 of Title 19 and hearings under § 3369 of Title 19. 2. Aligns the length of a lien of a judgment under Chapter 33 of Title 19 with the length of a lien of judgment obtained by the Division of Revenue. 3. Removes debts owed due to overpayments from garnishment. 4. Makes clarifications and technical corrections.

signed · Delaware · House Jul 17, 2019

HB 6: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS.

This bill streamlines the process by which the Department may incorporate into its regulations tidal finfish management measures that have been adopted and specified in a regional or federal fisheries management plan or rule. This bill also eliminates procedures for the promulgation of tidal finfish regulations that the Delaware Administrative Procedures Act has rendered obsolete.

Bill results