Delaware Bills

signed · Delaware · Senate Jul 30, 2021

SB 138: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RADIATION CONTROL.

This bill changes the requirements for members to be appointed to the Authority on Radiation Protection. It also allows for removal of a member by the Governor in certain limited circumstances, and clarifies the number of members needed to constitute a quorum.

signed · Delaware · Senate Jul 30, 2021

SB 162: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.

This Act is a result of the Division of Developmental Disabilities Services Task Force ("the Task Force"), which was created under Senate Concurrent Resolution No. 62 and extended by House Bill No. 345, both of the 150th General Assembly. This Act fulfills 2 of the Task Force's many recommendations, by requiring that the chair or vice chair of the Advisory Council to the Division of Developmental Disabilities Services be an individual with a developmental disability, and amending the Advisory Council membership to include the following: - 7 representatives of families, service recipients, and self-advocates who currently receive services from the Division of Developmental Disabilities Services. - 5 representatives of a cross section of service providers in the developmental disabilities community who currently operate within the Division of Developmental Disabilities Services system, including residential service providers, day habilitation service providers, employment service providers, clinical service providers, behavioral or mental health service providers. - 5 professional advocates, representing the following organizations: Delaware Developmental Disabilities Council, State Council for Persons with Disabilities, Disabilities Law Program at Delaware Community Legal Aid Society, Inc., The Arc of Delaware, and Center for Disabilities Studies at University of Delaware.

signed · Delaware · House Jul 30, 2021

HB 44: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CREDIT FOR REINSURANCE.

This Act reflects the National Association of Insurance Commissioner’s revisions to the Model Credit for Reinsurance Act. The revisions make the law consistent with provisions of covered agreements with the European Union and United Kingdom with respect to reinsurance collateral requirements. The changes will also provide reinsurers domiciled in National Association of Insurance Commissioners-qualified jurisdictions other than within the EU (currently, Bermuda, Japan and Switzerland) with the possibility of similar reinsurance collateral reductions. This is an accreditation bill.

signed · Delaware · Senate Jul 30, 2021

SB 85: AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE PUBLIC GUARDIAN.

This bill allows the Public Guardian to collect fees for services in accordance with standards to be established by the Guardianship Commission and approved by the Court of Chancery.

signed · Delaware · Senate Jul 30, 2021

SB 95: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE INSPIRE SCHOLARSHIP PROGRAM.

This bill will provide Delaware students with strong academic credentials and a demonstrated commitment to volunteer public service to receive scholarship monies sufficient to cover the full cost of tuition at Delaware State University. The intent of this bill is to increase the number of students in Delaware who not only attend the University but who successfully complete degree programs.

signed · Delaware · Senate Jul 30, 2021

SB 97: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO COMMERCIAL FEEDS.

This bill authorizes the Department of Agriculture to update the Delaware Commercial Feed Law of 1967. Changes to this law include updating language to align with current industry terminology and includes applicable language from the most recent version of the Association of American Feed Control Officials (AAFCO) Uniform State Bill, which is designed to create uniformity amongst states. This bill authorizes the Department of Agriculture to add criteria for defining an adulterated feed and adjusts penalties for violators of this chapter. The proposed changes will provide clarity to distributers and Department staff regarding product labeling, registration, and violations as well as providing updated terminology to make regulating this program more efficient. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 30, 2021

HB 161: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF HOSPITALS.

This Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.

signed · Delaware · Senate Jul 29, 2021

SB 106: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR CHILDREN WITH DISABILITIES IN HOMESCHOOLS.

This Act makes students who attend homeschools eligible for the same services for children with disabilities as students who attend private schools in a manner that allows federal funds to pay for the services. This Act is the result of discussions regarding Senate Bill No. 19, which would make homeschool students eligible for speech therapy services, and accomplishes the goal of Senate Bill No. 19 because through meaningful consultation, speech therapy services are often included in the services provided to students who attend private schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 29, 2021

SB 29: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY FUND.

This Act enhances 2 existing agricultural horse racing programs, the Delaware Standardbred Breeder's Program and the Delaware Certified Thoroughbred program, by providing additional funding. Under this Act, horsemen provide half of the additional funds from purse money and the State provides half of the additional funds with matching funds.

signed · Delaware · Senate Jul 27, 2021

SB 127: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ECONOMIC DEVELOPMENT.

The purpose of this legislation is to promote sustained economic growth and stability by establishing a fund to provide grants, loans or other economic assistance to businesses or public entities that invest in constructing, renovating or improving infrastructure for sites that will attract new businesses or expand existing businesses within the State to initiate economic development opportunities that will create a significant number of direct, permanent, quality, full-time jobs. There is intense competition between the states to attract and to keep vital businesses that create and maintain these direct, quality employment opportunities. Therefore, it is critical to expand and sustain economic growth within the State to consistently maintain readily available commercial, industrial sites to attract new business, or expand existing businesses. The delay in converting completely undeveloped sites into sites that are fully capable of conducting business may result in the loss of significant business opportunities that benefit the public. The site readiness fund will provide economic assistance to qualified businesses or public entities to renovate, construct, or improve commercial, industrial sites that are readily available to new businesses, established businesses that are considering moving to the State or existing businesses within the State that need additional sites to remain or expand within the State. To ensure fiscal accountability that site readiness funds are expended for their intended purpose, the applications will be administered in accordance with the existing regulations that govern applications made to the Strategic Fund. The Council on Development Finance will review the applications and supporting financial information to make recommendations to the Director of the Division of Small Business concerning the viability of the proposed project and whether the project meets the criteria established by this legislation to award funding. The Director has the final authority to award funding based on the Council’s recommendations and the requirements imposed by this legislation. The Director shall administer any such award in accordance with the requirements of Chapter 87A of Title 29 of the Delaware Code and the existing Strategic Fund regulations. To protect the assets of the Fund, the Director may require recapture provisions in any contract agreements for grants, loans or other economic assistance that recover for any substantial or complete cessation of operations or failure to reach any employment or other benchmarks. The Director may require the applicant to report financial statements and project progress reports to determine that expenditures on the project are consistent with the purpose of the Fund.

signed · Delaware · House Jul 23, 2021

HB 91: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES.

This Act amends Delaware’s Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code), to give Delaware consumers and businesses the protection against unfair acts or practices in commerce that the General Assembly intended to give them when it enacted the Consumer Fraud Act. When the General Assembly enacted the Consumer Fraud Act in 1965, it stated, in what is now § 2512 of Title 6 of the Code, that the purpose of the Consumer Fraud Act is “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State,” and that “[i]t is the intent of the General Assembly that such practices be swiftly stopped.” However, § 2513(a) of the Consumer Fraud Act, as enacted, prohibits only deceptive practices, and does not protect consumers and businesses from unfair practices as the General Assembly intended. To address this, the Act amends § 2513(a) of the Consumer Fraud Act to include the term “unfair practice” among the activities explicitly prohibited by the Consumer Fraud Act. This aligns Delaware with the 7 states in the Top 10 of the U.S. Chamber of Commerce Institute for Legal Reform’s 2017 Lawsuit Climate Survey, and the 44 states overall (plus the District of Columbia), which prohibit the use of unfair or unconscionable acts or practices in commerce. It will also align Delaware with federal law, which since 1938 has prohibited unfair practices in commerce in the Federal Trade Commission Act (15 U.S.C. § 45). In order to provide guidance as to the meaning of “unfair practice,” this Act uses the most common definition of unfairness or unfair practice used by states where unfairness has been defined either by statute or court decision (based on information published by the National Consumer Law Center) including California, Florida, Hawaii, Illinois, Massachusetts, Minnesota, Nebraska, New Hampshire, North Carolina, Oklahoma, Rhode Island, and South Carolina, and provides that interpretations of similar language in other jurisdictions should be considered in determining its meaning. The word “immoral” was purposely omitted from the definition of “unfair practice” despite its use in the definition of unfair practice in many other jurisdictions. Prohibiting unfair practices will protect honest businesses by enabling them to compete fairly and effectively in the marketplace, in addition to protecting individual consumers (and businesses acting as consumers) harmed by such practices. Prohibiting unfair practices will also protect consumers in situations that may not be readily or easily addressed by current Delaware law, such as the Facebook/Cambridge Analytica scandal, price gouging during a state or national emergency, and other situations in which consumers are being unfairly taken advantage of and they are unable to reasonably avoid injury. Finally, prohibiting unfair practices will also enable the Delaware Attorney General to participate more effectively and robustly with other state attorneys general in multistate investigations and litigation seeking to protect consumers and remediate harm on a nationwide basis. The act also amends § 2513(a) to add the term “receipt,” to clarify that persons who provide goods or services at no charge to consumers—such as social media companies funded by advertising revenue—are not precluded from being held liable for engaging in consumer fraud simply because they may not directly sell or lease their goods or services to consumers.

signed · Delaware · House Jul 22, 2021

HB 200: AN ACT TO AMEND THE DELAWARE CODE RELATING TO CLEAN WATER FOR DELAWARE.

Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Committee is required to develop and publish an Annual Report and multi-year Strategic Plan for Clean Water with annual updates.

Bill results