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signed · Delaware · Senate Jul 25, 2018

SB 208: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

This Act makes the following changes to the large public works contract procedures in subsection (c) and (d) of § 6962 of Title 29 for all State agencies: 1. Changes the requirement for the prequalification process so that submissions must contain performance reviews for previously awarded public works or private sector construction projects within the last 5 years instead of the last 10 years. 2. When an agency elects to award on the basis of best value, the maximum weight that can be assigned to the schedule is reduced from 30% to 20%. 3. When an agency elects to award on the basis of best value, performance is added as an objective criteria and must be given weight of at least 10% but no more than 20%. 4. Performance criterion is based on the contractor's performance rating, as determined under the agency's regulations. This Act makes the following changes to the large public works contract procedures in subsection § 6962(c) of Title 29 for only Department of Transportation projects: 1. Adds a bidder prequalification requirement to projects other than Community Transportation Fund and municipal street aid contracts, so that the only contractors eligible to bid on projects are contractors that either meet or exceed the minimum contractor's performance rating or that will permit the Department to retain 10% of the payments to be made to the contractor. 2. Creates a stakeholder panel to advise the Department of Transportation on the content of the performance-based rating system regulations. Because the stakeholder panel only exists when the performance-based rating system regulations are promulgated or being revised, the stakeholder panel is codified in the Laws of Delaware instead of the Delaware Code. This Act takes on January 1, 2019, or when the required regulations are promulgated, whichever occurs first. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Earl G. Jaques Jr. (D) Nicole Poore (D) · 5 co-sponsors
signed · Delaware · Senate Jul 25, 2018

SB 175: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO WITHHOLDING OF INCOME TAX ON SALE OR EXCHANGE OF REAL ESTATE BY NONRESIDENTS.

This Act exempts the transfer of real estate acquired by foreclosure or deed in lieu of foreclosure from nonresident income tax withholding requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Brian J. Bushweller (D) Trey Paradee (D) Melanie George Smith (D) · 5 co-sponsors
signed · Delaware · House Jul 25, 2018

HJR 13: REQUIRING ANY INSURANCE COMPANY OR HEALTH SERVICE CORPORATION SELLING INDIVIDUAL AND SMALL GROUP MARKET INSURANCE PRODUCTS IN DELAWARE TO FILE A REPORT DETAILING HOW THEY DISTRIBUTED SAVINGS TO DELAWARE CONSUMERS IN PLAN YEAR 2019 FROM THE FEDERAL GOVERNMENT’S ONE YEAR MORATORIUM OF THE INSURANCE COMPANY FEE CREATED BY THE PATIENT PORTABILITY AND AFFORDABLE CARE ACT OF 2010 TO DELAWARE CONSUMERS IN PLAN YEAR 2019.

In January of 2018 the federal government passed the Federal Register Printing Savings Act, which included a moratorium in calendar year 2019 on a fee paid by health insurance companies or health service corporations to the federal government. The State of Delaware wants to ensure that savings received by the health insurers are passed along to Delaware consumers who buy health insurance plans in the individual market both on and off the health exchanges created by the Patient Portability and Affordable Care Act of 2010. This resolution requires health insurers who received this moratorium to file a report with the Secretary of the Department of Health and Social Services and the Insurance Commissioner of Delaware no later than January 2, 2019 outlining how they passed along savings to Delaware consumers.
signed · Delaware · Senate Jul 23, 2018

SB 91: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CARBON MONOXIDE DETECTION DEVICES.

This Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.
Dave Sokola (D) David Bentz (D) · 5 co-sponsors
signed · Delaware · Senate Jul 23, 2018

SB 196: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

This bill amends various sections of the Delaware Uniform Commercial Code (the “Act”) to keep it current. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 1-201(b)(27) of the Act to expressly include series of the other types of persons listed in such section as persons under the Act. Section 2. This section amends Section 9-102(a)(71) of the Act to expressly provide that a series of a registered organization constitutes a registered organization if the series is organized under the law of a single State and the statute of the State governing the series requires that a public organic record of the series be filed with the State. Section 3. This section provides that the proposed amendments shall become effective August 1, 2019.
Brian J. Bushweller (D) Bryon H. Short (D) Melanie George Smith (D) · 9 co-sponsors
signed · Delaware · House Jul 23, 2018

HB 342: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SALE OF MOTOR VEHICLES.

This Act makes changes and adds clarifying language to the dealership licensing section of Title21. First, it allows for the suspension of a dealership license for violations of either Title 21 or Title 30 rather than the current requirement for violations of both titles. It also adds that a dealer whose license is suspended cannot reapply for a new license until the terms of the suspension have been met. It also ensures the same character and conviction review standards applied during initial application of a dealership license are also applied to the renewal process. Finally, this bill adds a basis for suspension when a dealership is approved in Delaware, but in reality is rarely present or merely has a virtual office.
Bruce C. Ennis (D) John L. Mitchell (D) · 3 co-sponsors
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