Delaware Bills

signed · Delaware · Senate Jul 30, 2021

SB 80: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO ASSIGNABILITY OF INSURANCE CONTRACTS.

This Act adds a provision addressing the assignability of rights under property insurance policies and authorizes a property insurance carrier to limit a policy’s assignability only to those persons or entities that have the legal authority to represent an insured. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 30, 2021

HB 98: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act would allow importers to take orders from retailers any day including Sundays and holidays and process them for delivery.

signed · Delaware · House Jul 30, 2021

HB 171: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO TAX ADMINISTRATION.

Sections 1, 4, and 6 clarify that the funds to satisfy income tax withholding on a sale of real estate by a non-resident shall be derived from the net proceeds of the real estate sale and permit the filing of the deed if the closing attorney can establish that the non-resident seller did not receive any proceeds from the sale. Section 2 allows the Division of Revenue to use its discretion to adjust the filing frequency of employers if the taxpayer can demonstrate that complying with the statute would result in a hardship. Section 2 also broadens the requirements for filing of information returns with the Delaware Division of Revenue to include any information return required to be filed with the Internal Revenue Service for payments of any type of remuneration made to Delaware resident individuals. This will provide the Division of Revenue with greater information about income received by Delaware residents to ensure that all taxable income is reported and taxed. Section 3 corrects the recipient for donations to the Delaware Ovarian Cancer Foundation, which is now its own separate 501(c)(3) organization, allowing donations to be forwarded to them directly. Section 5 codifies the long-standing practice of the Division of Revenue to limit Net Operating Loss deductions to those deductions that were claimed on a federal return. Because Delaware tax law starts with the income reported and deductions available at the federal level, any net operating loss that exceeds that claimed on a federal return is not permitted in the calculation of Delaware tax. Section 7 eliminates the requirement that multiple business licenses for the same licensee be on the same licensing schedule, which will reduce the burden for both licensees and the Division of Revenue. Section 8 clarifies the definition of “Mercantile agency or collection agency” to include those agencies involved in the collection of both commercial and consumer debt, which removes a potential ambiguity from existing language. Section 9 provides that the sections of this act are severable in the event that one is determined to be invalid, and section 10 establishes the effective date of the legislation.

signed · Delaware · House Jul 30, 2021

HB 42: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE EXAMINATIONS.

This Act eliminates § 321(d) since § 321(c) sets forth the accepted process for furnishing of examination reports and hearing requests by the Commissioner.

signed · Delaware · Senate Jul 30, 2021

SB 145: AN ACT TO AMEND THE CHARTER OF THE MUNICIPAL SERVICE COMMISSION OF THE CITY OF NEW CASTLE.

This Act amends the Charter of the Municipal Service Commission of the City of New Castle by granting the City Council of New Castle the power to appoint two of the three Commissioners to serve on the Municipal Service Commission, with the incumbent Mayor as the third Commissioner. This Act also sets the terms of each appointed Commissioner to 4 years, and allows the City Administrator to serve as a substitute for the Mayor on the Commission in the Mayor's absence.

signed · Delaware · Senate Jul 30, 2021

SB 81: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE RATE FILINGS.

This bill allows for deviations from rating organization filings to be effective continuously until terminated with the approval of the Commissioner or subsequently modified. This change conforms the law to current practice. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 30, 2021

HB 86: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION FUNDING.

This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services. The Act adds a designation of “K-3 Basic Special Education (basic)” and over three years reduces the number of students comprising a unit from the current 16.2 to 8.4. This Act will increase the unit count funding for K-3 Basic Special Education (basic) students by School Year 2023-2024, Fiscal Year 2024, to be consistent with the 8.4 unit of pupils currently available to students in grades 4 through 12. Sections 1 through 3 of this Act change the funding chart currently in the Code to subsections and provides for a decrease in the ratio between the number of students enrolled and the unit count for basic special education from 16.2 currently to 12.2 in Fiscal Year 2022, 10.2 in Fiscal Year 2023, and 8.4 in Fiscal Year 2024. Section 4 of this Act delays the effect of each Section until the start of each new fiscal year in the 3-year cycle over which this Act’s changes are intended to occur.

signed · Delaware · House Jul 30, 2021

HB 229: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATED TO INTERSTATE INSURANCE PRODUCT REGULATION.

This Act authorizes the State of Delaware to execute the Interstate Insurance Product Regulation Compact to protect the interest of consumers of individual and group annuity, life insurance, and disability income insurance products; to develop uniform standards for insurance products covered by the Compact; to establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more compacting jurisdictions; to give appropriate uniform standards; to improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of the insurance products covered by the Compact; to create the Interstate Insurance Product Regulation Commission; and to perform these and such other related functions as may be consistent with the state regulation of the business of insurance. A compacting state includes any state which has enacted the legislation and has not withdrawn or been terminated. This Act also designates the Delaware Insurance Commissioner as the State representative to the Commission. Currently, 45 states and Puerto Rico have adopted this Compact and 1 additional state has pending legislation.

signed · Delaware · House Jul 30, 2021

HB 228: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO CHARITABLE DONATIONS TO THE DELAWARE COMBINED CAMPAIGN FOR JUSTICE THROUGH THE PERSONAL INCOME TAX RETURN.

This Act adds the Delaware Combined Campaign for Justice to the 21 charitable organizations listed on the Delaware personal income tax return to which Delaware tax payers may contribute, either through paying a portion of a refund owed, or an amount in addition to taxes owed through a check off. The Delaware Combined Campaign for Justice was established in 1999 as a partnership of the Delaware State Bar Association, Community Legal Aid Society, Inc., Delaware Volunteer Legal Services and Legal Services Corporation of Delaware. The partners joined to increase the availability of civil legal services to disadvantaged people in Delaware by increasing the resources available to fund legal services.

signed · Delaware · Senate Jul 30, 2021

SB 91: AN ACT TO AMEND TITLE 10 AND TITLE 13 OF THE DELAWARE CODE RELATING TO PUBLICATION.

This Act leverages technological advances to allow Family Court the flexibility to permit litigants to publish through a legal notices website established by the Court. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including to ensure the consistency of language used throughout the provisions included in this Act.

signed · Delaware · Senate Jul 30, 2021

SB 40: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REQUIREMENT OF INSURANCE FOR ALL MOTOR VEHICLES.

This bill allows the Court to suspend an amount of the fine for uninsured driving if the defendant provides evidence that they have now secured insurance, demonstrating compliance with the law.

signed · Delaware · Senate Jul 30, 2021

SB 54: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM BASED ON PROPERTY ASSESSMENTS (D-PACE) OR OTHER LOCAL ASSESSMENT STATUTE.

This bill makes certain technical amendments to the Delaware Voluntary Clean Energy Financing Program Based on Property Assessments (D-PACE) Act. The amendments are based upon comments received from New Castle County and the lending community. The bill clarifies the interplay between the Act and existing tax and foreclosure sale statutes and that the lien for the energy improvements will remain with the property following a tax monition sale and mortgage foreclosure. It also clarifies the authority of the Sustainable Energy Utility and third party capital providers to enforce the lien for delinquent assessments for clean energy improvements.

Bill results