Delaware Bills

signed · Delaware · House Oct 26, 2022

HB 367: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE COUNCIL FOR PERSONS WITH DISABILITIES.

This Act makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities. This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Oct 26, 2022

HB 436: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE REDDING CONSORTIUM FOR EDUCATIONAL EQUITY.

This bill extends the dates in which the recommendation and plan of the Redding Consortium for Educational Equity must be reviewed and acted upon by the State Board of Education. The extension is necessary due to delays mostly caused by the COVID pandemic.

signed · Delaware · House Oct 26, 2022

HB 401: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VEHICLE DEALERSHIP OWNERS LICENSES.

This Act amends Title 21 to specify the requirements for an applicant to obtain or renew a motor vehicle dealer license and aligns the requirements with other state licensing requirements. The current law only requires the applicant to show they have and will comply with the laws of this state and other states. Due to the statute’s current ambiguity the Division of Motor Vehicles is often asked to review an applicant’s criminal history prior to submission of a full application which makes it difficult for the Division to determine if the applicant qualifies for licensure.

signed · Delaware · House Oct 26, 2022

HB 457: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Delaware Interscholastic Athletic Association ("DIAA"). As part of JLOSC's review of DIAA, JLOSC recommended the following updates to the DIAA statute, which this Act fulfills: - Establish term limits for certain DIAA Board members of no more than 3, 3-year terms for a total of 9 years. - Add language to address the removal of a board member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance. - Change DIAA Board member composition to add a third school district superintendent or assistant superintendent to create equitable representation among all 3 counties in this State; add a third nonpublic school representative; ensure that 1 of the 6 public members is a parent of a current or recent student athlete from a member school; and make the Department of Education member a voting member. - Clarify quorum and number of votes required to approve an act of the DIAA Board. - Authorize DIAA to pursue sponsorship opportunities and other non-tournament related revenue streams, and the purchase of general liability insurance relating to the rental of non-State venues for DIAA-sponsored events. - Clarify when a member's county of residence is a qualification versus the county in which the school the member is representing is a qualification. - Make technical corrections throughout DIAA's statute, to conform existing law to the standards of the Delaware Legislative Drafting Manual. Among the technical corrections is correction of references to the “state Board” when the references are intended to use the defined term “State Board” for the State Board of Education.

signed · Delaware · House Oct 26, 2022

HB 438: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION.

This Act is part of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Delaware Nursing Home Residents Quality Assurance Commission ("DNHRQAC") and the recommendations that JLOSC approved during its review. This Act specifies the matters that DNHRQAC must include in its annual report, and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Oct 26, 2022

SB 267: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE TO ENSURE FAIRNESS IN COST-SHARING FOR PRESCRIPTION DRUGS.

The bill requires that third-party cost-sharing assistance utilized by patients is applied toward the enrollee's health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to patient’s deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024.

signed · Delaware · House Oct 26, 2022

HB 432: AN ACT TO AMEND TITLES 13 AND 16 OF THE DELAWARE CODE RELATING TO VOLUNTARY ACKNOWLEDGMENTS OF PATERNTIY.

This Act prohibits minor parents from executing a voluntary acknowledgment of paternity. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative drafting Manual. This Act takes effect 180 days after enactment into law.

signed · Delaware · House Oct 26, 2022

HB 255: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL RIGHTS.

This Act criminalizes the deprivation of civil rights modeled after federal law (18 U.S.C. 242) and enforced by the Delaware Department of Justice’s Division of Civil Rights and Public Trust. The new crime of deprivation of civil rights would be a Class A misdemeanor, which could elevate to a Class D or Class B felony depending on the nature of the injury or harm. This new crime of deprivation of civil rights serves as a predicate offense for hate crimes, or for racketeering if committed by an enterprise. By including conduct committed under color of any ordinance, regulation, or custom, this law accounts for conduct by actors in areas such as banking, lending, leasing, government contracts or political operatives.

signed · Delaware · House Oct 26, 2022

HB 337: AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO JOINTLY HELD REAL-ESTATE AFFIDAVITS AND FILING AT THE REGISTER OF WILLS.

This Act makes it easier to properly clear title to real property after a person dies if the person held real property jointly with the right of survivorship. With more frequency, a deceased person may die as a resident in a county that is different from the county in which the deceased owned real property. This Act provides relief to those who are the surviving joint owner of a person who died in a county that is different than the county where the real property is located. The surviving joint owner of real property may not have anything to do with the deceased person’s estate, or the probate of it, making it difficult for the surviving joint owner to obtain exemplified copies from different states or countries, which results in the loss of valuable time and money to the surviving joint owner.

signed · Delaware · House Oct 26, 2022

HB 427: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

House Bill 373, passed by the 151st General Assembly, clarified that persons 14 and 15 years of age can be employed in such places where alcoholic beverages are served, but cannot be involved in the sale or service of alcoholic beverages. Currently, the Department of Labor (DOL) has a robust process for youth (those not yet 18) to apply for a work permit. Youth may not work in the state unless they have a DOL-issued work permit which is required to be kept on file with the employer. The OABCC statute requires an additional work permit. Youth must obtain two, separate work permits after going through two separate processes to obtain one job. This legislation will streamline that process for our youth, requiring them to obtain just one work permit from the Department of Labor. Additionally, this legislation will permit employees in the Office of the Alcoholic Beverage and Control Commissioner (“OABCC”) to work in any of the three counties. Sussex County is experiencing an increase in growth. The OABCC has just one licensing inspector who is responsible for performing licensing inspections for the entire state. With this change, the OABCC could create a more efficient operation to serve all three counties for those who are licensed to sell and serve alcoholic beverages in the state.

signed · Delaware · House Oct 26, 2022

HB 314: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MANDATORY SENTENCES FOR JUVENILES.

This bill clarifies House Bill 307 from 2018 by making it clear that a 6-month or 12-month mandatory commitment to Level 5 incarceration or institutional confinement for a juvenile only applies to adjudications of delinquency for the charge of Robbery First Degree or Possession of a Firearm during the Commission of a Felony if the offense was committed after the child’s 16th birthday.

signed · Delaware · House Oct 26, 2022

HB 293: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC COMMENT AT OPEN MEETINGS.

House Bill No. 293 requires that meetings of public bodies that are open to the public must provide an opportunity for public comment. Meetings of a public body of the General Assembly are excluded from the requirement to provide an opportunity for public comment because under § 9 of Art. II of the Delaware Constitution, the rules of proceedings for legislative meetings are established by the Senate and House of Representatives of each General Assembly. House Substitute No. 1 for House Bill No. 293 differs from House Bill No. 293 by revising the limitations a public body may impose on public comment as follows: 1. It requires that the time for public comment provide a meaningful opportunity for the public to engage with the public body. 2. Allows a public body to impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each person providing public comment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.

Bill results