Delaware Bills

introduced · Delaware · Senate Jun 23, 2020

SB 255: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO PROPERTY DURING THE COVID-19 RECOVERY PERIOD.

This Act ensures that the consumer protections for Delawareans related to summary possession and tenants holding over in rental units put in place during the COVID-19 state of emergency do not cease immediately on the lifting of the COVID-19 state of emergency, but instead continue for a short period of time during the COVID-19 recovery period. The COVID-19 recovery period runs until the sixty-first day following the termination of the COVID-19 state of emergency. This Act is intended to set the ceiling for what restrictions may be placed on summary possession and tenants holding over in rental units during the COVID-19 recovery period. This Act is written to give the Governor flexibility to carry out the legislative will of protecting Delawareans while not regulating property more than necessary given the market needs and conditions. If additional executive orders are issued to further ratchet down or slowly ease the transition back to normal operations, those are the protections that will be in effect during the COVID-19 recovery period. This Act sunsets on the sixty-first day following the termination of the COVID-19 state of emergency.

introduced · Delaware · Senate Jun 23, 2020

SB 252: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

Senate Substitute No. 1 for Senate Bill No. 48 enacted a requirement that contractors bidding for large public works contracts provide craft training of apprentices and journeymen. This Act expands how contractors can satisfy this craft training requirement as follows: 1. Creates the option to make an annual payment to the Department of Education’s apprenticeship and training fund instead of providing the craft training. 2. Clarifies that the craft training may be provided by a contractor or subcontractor through agreement with another organization. 3. Broadens the range of craft training programs that satisfy the current requirement to be consistent with the definition of "craft training" under § 6902 of Title 29 and Constitutional law. This Act also clarifies that the craft training requirement applies to each craft included in the contract. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee.

failed · Delaware · Senate Jun 23, 2020

SB 241: AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2021; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2021 APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2021. Section 1 - Government Units and Senior Center $ 26,692,375 Section 2 - One-Times and Community Agencies $ 20,467,399 Section 3 - Fire Companies $ 6,940,706 Section 4 - Veterans Organizations $ 354,318 GRAND TOTAL $ 54,454,798

signed · Delaware · House Jun 22, 2020

HB 301: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

This Act repeals a provision in the State Employees’ Pension Plan that included participants in the Division for the Visually Impaired’s (“DVI”) Business Enterprise Program (“BEP”) in the State pension plan. BEP participants are meant to be independent blind entrepreneurs operating their own vending facilities in federal and state properties, as authorized by the Randolph-Sheppard Act (20 U.S.C. § 107 et seq.). DVI recruits, trains, licenses, and places individuals who are blind as BEP vending facility operators on state or federal properties. Participation in BEP is under permit or contract. Participants are not State employees; including them in the State Pension Plan or payroll system does not comply with the Randolph-Sheppard Act. This Act is a result of the Joint Legislative Oversight and Sunset Committee's 2019 review of and task force on the Division for the Visually Impaired. The Rehabilitation Services Administration, the federal agency that monitors BEP, recommended removing blind vendors from all state pension and payroll systems. Once enacted, this Act takes effect as of January 1, 2020. DVI removed BEP vendors from the State’s payroll system as of January 1, 2020. New applications for BEP are not pending as of the date this legislation is released.

introduced · Delaware · Senate Jun 20, 2020

SB 257: AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO MAKING JUNETEENTH NATIONAL FREEDOM DAY A LEGAL HOLIDAY.

Juneteenth National Freedom Day commemorates June 19, 1865, the date news finally reached African Americans in Galveston, Texas that Abraham Lincoln had issued the Emancipation Proclamation freeing slaves living in Confederate states. In 2000, Chapter 269 of Volume 72 of the Laws of Delaware designated the third Saturday in June as Juneteenth National Freedom Day, a special day to be commemorated in this State by appropriate ceremonies. This Act designates the third Friday in June, Juneteenth National Freedom Day, as a legal holiday. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

introduced · Delaware · Senate Jun 20, 2020

SB 254: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RESIDENTIAL MORTGAGE FORECLOSURES DURING THE COVID-19 RECOVERY PERIOD.

This Act ensures that the consumer protections for Delawareans related to residential mortgage foreclosure put in place during the COVID-19 state of emergency do not cease immediately upon the lifting of the COVID-19 state of emergency, but instead continue for a short period of time during the COVID-19 recovery period. The COVID-19 recovery period runs until the sixty-first day following the termination of the COVID-19 state of emergency. This Act is intended to set the ceiling for what restrictions may be placed on residential mortgage foreclosures during the COVID-19 recovery period. This Act is written to give the Governor flexibility to carry out the legislative will of protecting Delawareans while not regulating property more than necessary given the market needs and conditions. If additional executive orders are issued to further ratchet down or slowly ease the transition back to normal operations, those are the protections that will be in effect during the COVID-19 recovery period. This Act sunsets on the sixty-first day following the termination of the COVID-19 state of emergency.

in committee · Delaware · House Jun 18, 2020

HB 360: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS OF CHILDREN.

This Bill amends Title 11 to require that custodial interrogations of children, at a place of detention, by a law enforcement officer, be electronically recorded. The Bill requires the law enforcement officer to prepare a written explanation if the interrogation is not electronically recorded. No electronic recording is required if the child refuses to be interrogated if the interrogation is recorded. The Bill contain an exception if the safety of the child, law enforcement officer or informant would be jeopardized. The prosecution has the burden of proving one of the Bill's exceptions for the admission of a child's statement that was not electronically recorded. Both law enforcement officer and agency have civil immunity for implementing and enforcing provisions of Bill. This Bill will become effective 6 months after enactment.

in committee · Delaware · House Jun 18, 2020

HB 357: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE AND THE LAWS OF DELAWARE RELATING TO PRESIDENTIAL ELECTORS.

In 48 states, the presidential candidate winning the majority of the popular vote is awarded that state’s total electoral votes. However, the U.S. Constitution does not specify how individual states must apportion these votes. The predominant “winner take all method” is deeply flawed in that the outcome is often not an accurate representation of a state’s diversity of opinion. This measure corrects this inequity in Delaware. The proposed reform would divide the state’s three electoral votes equally among its three counties. The popular vote in each would determine how that county’s single electoral vote would be allocated. Such a system would be unique and proportional, better reflecting the will of the individual Delawarean with greater accuracy and independent strength of geographic location for all Delawareans, not just those in the densely populated areas in this nation or State.

in committee · Delaware · House Jun 18, 2020

HB 356: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

This bill requires transparency in the use of risk assessment instruments and requires empirical data that the instrument does not increase or magnify bias against any protected class.

in committee · Delaware · House Jun 16, 2020

HB 339: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for a reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an insured if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacist declines to provide a drug or service, the pharmacist must inform the insured that the pharmacist did this because of the costs of providing the drug or service and provide the insured with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or insured. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM’s registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Jun 16, 2020

HB 337: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRINKING WATER.

This Act mandates that the Department of Health and Human Services, in conjunction with the Department of Natural Resources and Environmental Control to establish Maximum Contaminant Levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals that have been used in industries in this state. These chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but only health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from dangerous contaminants in drinking water.

in committee · Delaware · House Jun 16, 2020

HB 338: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the Washington Accord be afforded the same recognition as EAC of ABET graduates. The Washington Accord is an international agreement between bodies responsible for accrediting engineering degree programs. Signatories of the Accord mutually “recognize the substantial equivalency of participating organizations’ accreditation processes and their graduates’ preparedness to begin professional practice at the entry level.” ABET and Engineers Canada are signatories of the Accord among a total of 20 representing agencies from every continent. This Act will give holders of degrees from engineering programs accredited by Washington Accord signatories the same recognition as EAC of ABET graduates. The required engineering experience for such applicants will be four years. This Act also proposes modifications that would expand licensure comity. While many professions in Delaware use the term “reciprocity” to define the process whereby an individual licensed in one jurisdiction may become licensed in Delaware, the term “comity” is used in the licensing law for professional engineers. To promote international engineering licensure mobility, this Act provides that the Council may license an applicant who is an International Professional Engineer (IntPE), meaning that the applicant has been fully and rigorously evaluated and approved by the International Engineering Alliance (IEA). NCEES is a member of the IEA and the International Professional Engineers Agreement (IPEA). There are currently 15 other members of the IPEA including Engineers Canada. “The International Professional Engineers Agreement recognizes the substantial equivalency of standards establishing the competency of professional engineers for independent practice.” Engineers who are licensed by agencies that are members of IPEA undergo a rigorous application process for registration as IntPEs. NCEES is an IPEA member and maintains a registry of U.S. licensed engineers who have attained IntPE status. Engineers registered as IntPEs would be provided with the same eligibility for comity within the U.S. as would U.S. state-licensed engineers. This applicant will also need to present proof of five years of experience obtained after initial licensure. This Act further proposes that an applicant who has been designated as a Model Law Engineer by NCEES may be issued a license administratively on the basis that the applicant has already been vetted by the profession’s governing body. Other provisions pertaining to comity have been amended to make the Practice Act consistent with other statutes governing professional licensure. Specifically, the comity provision pertaining to licensure by experience has been revised to require five years of licensed experience rather than the current ten years. The standards for licensure by comity have been amended to ensure that the applicant has a current license in good standing from the originating jurisdiction. This Act clarifies the grounds for denial of an application to explicitly include discipline in another jurisdiction. This Act eliminates the requirement that licensees must acquire an embossing seal and allows them to choose a seal format, such as embossing, stamp or electronic. Finally, this Act strikes references to permits on the basis that compliance with temporary permit requirements is difficult for the Council to monitor. Further, as an alternative to the temporary permit, an expedited path to licensure will be available for applicants with the Model Law Engineer designation.

Bill results