Delaware Bills

signed · Delaware · House Jun 15, 2022

HB 397: AN ACT TO AMEND TITLE 29 AND TITLE 30 OF THE DELAWARE CODE RELATED TO BUDGET AND FISCAL REGULATIONS FOR STATE AGENCIES AND ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF FINANCE.

This Act is the Department of Finance's Annual "housekeeping" legislation. Specifically: (1) Section 1 of this Act removes an antiquated statewide refund cap from budgetary practice. (2) Section 2 of this Act ensures the procedure for calculating County Seat payments for State-owned properties is consistent with the maximum amount appropriated for this purpose. (3) Section 3 of this Act updates background check requirements for Division of Revenue staff and contractors to align with federal requirements. (4) Section 4 of this Act ensures regular updates are made to census tract definitions used as part of the Creation of Employment and Qualified Investment tax credit. (5) Section 5 of this Act limits eligibility for New Economy retained jobs credits, as intended by the Commitment to Innovation Act. (6) Section 6 of this Act clarifies the definitions of “lessor” and “lessee” for Occupational and Business License Taxes to reflect modern leasing transactions. (7) Section 7 of this Act excludes manufacturing companies from a 2% State Realty Transfer Tax on construction contracts made within the first year of a realty transfer. (8) Section 8 of this Act provides for severability. This Act also makes technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.

passed · Delaware · House Jun 15, 2022

HB 420: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LAND USE PLANNING.

The state’s pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant.

in committee · Delaware · House Jun 15, 2022

HB 252: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE ASSESSMENT OF REAL PROPERTY.

This Act requires each county to reassess the value of real property in the county on a regular basis that occurs at least once every 5 years. The first 5-year period starts when the reassessments being conducted under the settlement agreements in the case In re Delaware Public Schools Litigation, C.A. No. 2018-0029-VCL (County Track) (Del. Ch.) are completed. This Act also makes revisions for consistency with current law and terminology as follows: 1. Because boards of assessment are not responsible for assessing property in any of the counties under current law, this Act also repeals the penalty for a board of assessment that knowingly and wilfully assesses property at an incorrect value. 2. Requires that real property be assessed at its “present fair market value” instead of at its “true value in money.” Delaware courts have established that the “true value in money” for real property means its “present fair market value”, which is the terminology that is currently used.

in committee · Delaware · House Jun 15, 2022

HB 379: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE JUVENILE OFFENDER CIVIL CITATION PROGRAM AND EXPUNGEMENT OF A JUVENILE’S RECORD.

This Act Amends Title 10 of the Delaware Code by allowing automatic Expungement for Juveniles who choose to participate in the Juvenile Offender Civil Citation Program after one year of successful completion of the program. This Program was offered as a viable alternative for Delaware Juveniles who did not wish to have a criminal misdemeanor on their record, especially in a time when these Juveniles may be applying for higher education and employment. However, whereas certain lower-level criminal offenses offer an option for expungement, these Civil Citations do not, and can still be seen on the Juveniles’ records. This Act also obligates the Civil Citation Coordinator to notify any courts or law-enforcement agencies who possess records pertaining to the case to have the records expunged. Such courts and agencies are to provide written notice to the Coordinator to confirm the expungement was completed.

in committee · Delaware · House Jun 15, 2022

HB 467: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL RECORDS AND DOCUMENTS.

This bill requires a school district, charter school, or the Department of Education to update a former student’s records to include the student’s updated legal name or gender if the former student's government-issued documentation is received demonstrating the former student’s legal name or gender has been changed. The bill also requires a school district, charter school, or the Department of Education to reissue specified documents conferred upon or issued to the former student with the former student’s updated legal name or gender if requested by the former student.

in committee · Delaware · House Jun 15, 2022

HB 458: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REAL PROPERTY ACQUISITION BY THE CITY OF WILMINGTON.

This Act authorizes the City of Wilmington to acquire vacant or abandoned property through the exercise of eminent domain when an ordinance declares the acquisition part of a community development plan necessary to prevent the decline or decay of the property or its surrounding area. This bill also defines “abandoned” and “vacant” for purposes of the section.

in committee · Delaware · House Jun 14, 2022

HB 284: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE NEIGHBORHOOD ASSISTANCE TAX CREDIT.

This Act increases the aggregate amount of Neighborhood Assistance Tax Credits that can be approved in any 1 fiscal year from $1,000,000 to $2,000,000.

signed · Delaware · House Jun 14, 2022

HB 321: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO DISAPPROVAL OF INSURANCE POLICY FORMS.

This bill expands the Commissioner’s authority to deny policy form filings that encourage misrepresentation, contain any unjust, unfair or inequitable provisions, or where the benefits provided are unreasonable in relation to the premium charged, to other lines of insurance not limited to life and health policies. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Jun 14, 2022

SB 325: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROPANE PROVIDED THROUGH A COMMUNITY GAS SYSTEM UNDER A PERPETUAL EASEMENT.

The Public Service Commission (“PSC”) has the exclusive supervision and regulation of all public utilities and over their rates. Public utilities under the Act include natural gas, electric, water, wastewater, and telecommunications. Propane is not included. Yet, for many Delawareans, propane is the only source of heat for the household. The reason that the PSC has supervision and regulation over all public utilities and their rates is because public utilities are necessary for the citizens of this State and supervision is needed to ensure that the rates for these utilities are not usurious and unaffordable for people in this State. This bill adds propane provided through a community gas system under a perpetual easement to the definition of “public utility” thereby given the PSC supervision and regulation over it and the rates charged by providers for it. For many residents of this State, propane, is offered through a community gas system under a perpetual easement. These easements are permanent and not only grant propane providers a perpetual right to enter upon land for the purpose of conveying propane, but also includes a provision that the propane provider be the exclusive provider of propane. These provisions are permanent and binding on every owner of the property in perpetuity. These “in perpetuity” provisions eliminate any competition for the provision of propane for these homeowners by prohibiting them from obtaining propane from any other provider even if that other provider can provide propane at a lower rate. By authorizing the PSC supervision and regulation over the rate of propane provided through a community gas system under a perpetual agreement, it ensures fairness in the rate for the provision of propane.

passed · Delaware · Senate Jun 14, 2022

SCR 116: PROCLAIMING OCTOBER 2022 "DYSAUTONOMIA AWARENESS MONTH" IN THE STATE OF DELAWARE.

Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2022 "Dysautonomia Awareness Month" in the State of Delaware.

signed · Delaware · Senate Jun 14, 2022

SB 207: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRUCK WEIGHTS.

This Act extends until 2026 the requirement that agriculture and intrastate construction vehicles be registered in accordance with the manufacturer's gross vehicle weight rating.

signed · Delaware · House Jun 14, 2022

HB 168: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE INVESTMENTS.

This bill would allow insurance companies to invest in mortgages on long-term leaseholds in the jurisdictions approved by the Department of Insurance. It is the intent of the Department of Insurance that the first approved jurisdiction be the United Kingdom. In the United Kingdom real estate typically is held not in fee simple (like the US) but long-term land leases. Thirty three other states including Maryland, New Jersey, and New York have similar statues.

Bill results