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Delaware Bills

Track legislation and stay informed about the bills that matter to you.

State Legislature US Congress
All 5,473 Active 58 In committee 1,778 Passed 1,860 Signed 2,287 Failed 68

Bill results

signed · Delaware · Senate Aug 29, 2018

SB 11: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SPECIAL FUNDS.

This Act relates to police and fire pension funds created under Title 18 of the Delaware Code. The General Assembly created a special fund in the hopes of ensuring adequate pensions for affected police officers and firefighters, and their surviving spouses. This has not come to pass with regard to all pensions, however. By way of example only, the average surviving spouse in the Wilmington Police and Fire retirement plan receives a pension of only $10,080, which is $1,090 dollars below the 2012 poverty level. Moreover, there have been only five disbursements under the special fund in its 48 year history. To address this, the Act would allow for an additional manner of providing distributions from the related special fund established for Police and Fire pensions. Specifically, disbursements from the fund to be made under this Act would be biennial and structured in 3 categories. The 3 categories are based upon length of retirement and whether the eligible individual is a surviving spouse or receiving a disability pension.
Helene M. Keeley (D) Harris B. McDowell (D) · 12 co-sponsors
signed · Delaware · House Aug 29, 2018

HB 386: AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR TREATMENT OF PEDIATRIC AUTOIMMUNE NEUROPSYCHIATRIC DISORDERS ASSOCIATED WITH STREPTOCOCCAL INFECTIONS AND PEDIATRIC ACUTE ONSET NEUROPSYCHIATRIC SYNDROME.

This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome. This Act suspends this requirement for individual and group insurance plans if, under the Affordable Care Act, the State is required to assume the cost of this coverage.
Ernesto B. Lopez (R) Nicole Poore (D) Mike Ramone (R) Paul Baumbach (D) · 3 co-sponsors
signed · Delaware · Senate Aug 29, 2018

SB 113: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO A DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM THROUGH LOCAL GOVERNMENT ASSESSMENTS.

This bill authorizes the creation of a Delaware Voluntary Property Assessed Clean Energy (D-PACE) program to establish a clean energy financing program for the installation of energy efficiency technologies and clean energy systems for qualifying commercial real properties statewide. PACE programs are authorized in more than 30 states nationwide. The financing will be secured by and payable from a voluntary assessment imposed on the property benefited by the qualifying energy improvement. The bill calls upon the Sustainable Energy Utility (SEU) to administer the program and establish a statewide financing program to aid counties in expanding clean energy projects in their jurisdictions. Projects under D-PACE can be financed through the SEU or other participating financial institutions.
Trey Paradee (D) Harris B. McDowell (D) · 10 co-sponsors
signed · Delaware · Senate Aug 28, 2018

SB 266: AN ACT TO AMEND TITLE 3 RELATING TO THE CULTIVATION OF INDUSTRIAL HEMP.

Under federal law, the cultivation of industrial hemp is only permitted for agricultural or academic research. There is federal legislation pending that may lift the restrictions on the cultivation of industrial hemp. Delaware law does not prohibit the cultivation of industrial hemp and Chapter 28 of Title 3 permits the cultivation of industrial hemp for agricultural or academic research to the maximum extent permitted by federal law. Industrial hemp is used in a wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages. Hemp comes from the same plant as marijuana, the Cannabis Sativa L but has a much lower amount of tetrahydrocannabinol (THC), the compound that causes the intoxication, than marijuana. The Department of Agriculture does not regulate industrial agriculture by specific crops, but instead, Title 3 has chapters on topics that impact agriculture broadly, regarding the regulation of areas such as pesticides, seeds, and grain inspection. This Act permits the Department of Agriculture to adopt any policies and regulations necessary to permit the cultivation of industrial hemp when federal law permits the cultivation of industrial hemp beyond agricultural or academic research and adds hemp to the definition of “grain” in Chapter 16 of Title 3. It requires a three-fifths vote because regulating industrial hemp may require the revision of regulations that would expand existing fees to hemp cultivation. This Act thus positions Delaware to immediately permit the industrial cultivation of hemp if and when the federal restrictions are repealed.
Dave Wilson (R) Bill Carson (D) Anthony Delcollo (R) Bruce C. Ennis (D) · 5 co-sponsors
signed · Delaware · House Aug 28, 2018

HB 374: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.

This bill adds glaucoma, chronic debilitating migraines, pediatric autism spectrum disorder, pediatric sensory processing disorder to the list of debilitating medical conditions which may qualify a person, upon certification by a physician, to be eligible for the use of medical marijuana in accordance with the terms of the Delaware Medical Marijuana Act.
Pete Schwartzkopf (D) Ernesto B. Lopez (R) Charles Potter Jr. (D) Bryan Townsend (D) · 20 co-sponsors
signed · Delaware · House Aug 28, 2018

HB 380: AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO REALTY TRANSFER TAX.

This bill allows first-time home buyers to pay their portion of the realty transfer tax at the rate that was in effect prior to the increase that took effect on August 1, 2017. The credit is calculated as 0.5% of the first $400,000 in home value, with a maximum allowable credit of $2,000. This legislation is retroactive for any first-time home buyer who entered into a transaction for the transfer of real estate on or after August 1, 2017. The seller in any transaction with a first-time buyer will still pay the current tax rate. The bill also removes a provision that applied to contracts entered into prior to 1971, since such provision is no longer relevant. For ease of application, the new definition of "first-time home buyer" is cross-referenced in the already existing Code provision directing the counties to exempt such buyers from any county-imposed realty transfer tax. This reduction in the tax rate for first-time home buyers will be effective for transactions entered into on or after the effective date of this Act.
Pete Schwartzkopf (D) John J. Viola (D) Nicole Poore (D) David B. McBride (D) Kim Williams (D) · 18 co-sponsors
signed · Delaware · House Aug 28, 2018

HB 426: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXES.

This Act requires paid tax preparers to sign any tax return or refund they file and be subject to a $50 civil penalty for any violation with a maximum penalty of $25,000 in any calendar year. The Act also permits a court of competent jurisdiction to enjoin any paid tax preparer from understating a tax payer’s liability or taking an unreasonable position. The Act also permits a court to enjoin a paid tax preparer from, where required, failing to furnish a copy of a return or claim for refund, failing to sign a return or claim for refund, failing to furnish an identifying number, failing to retain a copy of the return, failing to be diligent or failing to correct information. The Act also permits an injunction if the paid tax preparer negotiates a check without permission, engages in any criminal conduct, guarantees payment of any specific tax refund amount, or engages in any other fraudulent or deceptive conduct.
Jack Walsh (D) Trey Paradee (D) · 1 co-sponsor
signed · Delaware · House Aug 28, 2018

HB 425: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PERMITTED DISCLOSURES RELATED TO PRESCRIPTION DRUGS.

This Act establishes that a contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following: (1) Providing an insured with information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (2) Discussing with an insured information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (3) If a more affordable, therapeutically equivalent prescription drug is available, selling the more affordable, therapeutically equivalent prescription drug to the insured. In some cases, contracts between pharmacy benefits managers and pharmacies have provisions that prohibit pharmacies or pharmacist from informing consumers that they have options related to a prescription drug they want to buy and that the prescription drug could be purchased at a lower cost if the consumer paid out of pocket rather than through their health insurance plan. These provisions are often known as “gag clauses.” At least 7 states have enacted laws prohibiting these “gag clauses.”
Brian Pettyjohn (R) Andria L. Bennett (D) Margaret Rose Henry (D) · 12 co-sponsors
signed · Delaware · House Aug 28, 2018

HB 441: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFIT MANAGER PRIOR AUTHORIZATION OF EMERGENCY PRESCRIPTIONS AND PRESCRIPTIONS FOR CHRONIC OR LONG-TERM CONDITIONS.

Due to the delay in the prior authorization process by pharmacy benefit managers, many patients end up waiting days to weeks for medications to be filled that are prescribed on an emergency basis or for medications that have been previously prescribed for chronic and long-term conditions that must go through the prior authorization process again. To reduce the delay and hardship of this waiting process, this bill will put into place specified time tables to fill emergency prescriptions and to make subsequent prior authorizations for chronic and long-term conditions to be filled more readily.
Bill Carson (D) Nicole Poore (D)
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