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Bill results

in committee · Delaware · House Mar 1, 2018

HB 321: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER CONTRACTS.

This Act requires that consumer contracts which contain automatic renewal provisions, also known as “evergreen clauses”, must clearly and conspicuously disclose the terms of the automatic renewal and procedures for cancelling the renewal. In contracts that renew after 12 months or more, the provider of goods or services must provide an additional written notice to the consumer no less than 60 and no more than 30 days before the time for cancellation expires, along with information on how to cancel. This provision allows businesses to continue the practice of using automatic renewals, while seeking to ensure consumers are fully aware of the terms of the contract and are not caught off guard by a renewal buried somewhere in the fine print. Violation of the terms of this Act can result in an award to the consumer of treble damages plus attorneys fees and may also be addressed through the authority of the Consumer Protection Unit of the Department of Justice pursuant to provisions in subchapter IV. A business will not be held liable if it can show that it has put in place policies and procedures to comply with this Act, and that any violation of the renewal provisions was the result of an error, and that any funds collected from a consumer in violation of the Act have been refunded.
Brian J. Bushweller (D) Debra Heffernan (D) Harris B. McDowell (D) · 4 co-sponsors
in committee · Delaware · House Mar 1, 2018

HB 315: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CANDIDATE DISCLOSURES.

This Bill requires all statewide and other candidates that may appear on the general election ballot to disclose whether or not all their State and Federal personal income tax returns are filed and any tax due has been paid and whether or not all their real property taxes have been paid.
Tim Dukes (R) Deborah Hudson (R) F. Gary Simpson (R) · 9 co-sponsors
passed · Delaware · Senate Mar 1, 2018

SCR 44: OPPOSING THE FEDERAL COMMUNICATIONS COMMISSION’S REPEAL OF NET NEUTRALITY RULES INTENDED TO PROTECT CONSUMERS AND ENSURE FAIR AND REASONABLE ACCESS TO THE INTERNET.

This Concurrent Resolution does all of the following: (1) Expresses the General Assembly’s opposition to the Federal Communications Commission’s repeal of net neutrality rules (“the repeal”). (2) Urges the United States Congress to either review the repeal as permitted under the Congressional Review Act, within 60 days of receipt of the Federal Communications Commission’s order as required by the Act, or enact legislation reinstating and requiring the preservation of net neutrality. (3) Requests that the Secretary of the Senate to send copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware's Congressional Delegation.
Anthony Delcollo (R) Bryant Richardson (R) Andria L. Bennett (D) Ruth Briggs King (R) Bryan Townsend (D) · 11 co-sponsors
signed · Delaware · House Feb 14, 2018

HB 195: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING NURSING FACILITIES, LONG TERM CARE FACILITIES, AND SERVICES.

Chapter 11 of Title 16 was enacted in 1998. Since that time, there have been many changes to the health care delivery system, including a larger percentage of individuals receiving long term health care services in their homes and settings other than in traditional nursing facilities. This Act updates Chapter 11 of Title 16 to better protect residents of long term care facilities by using consistent terminology, consistent practices, and updating the Code to reflect changes in related areas of the law and in how long term care is provided to ensure that all Delawareans receiving long term care are protected from abuse, neglect, and financial exploitation. This Act replaces the phrase "nursing facility and similar facility" with "long term care facility" and provides detailed definitions of different types of long term care settings and services, including traditional nursing homes. It also changes the term "patients" to "residents," reflecting that people are receiving long term care services where they live, regardless of whether home is a traditional nursing facility, a private residence, or a setting between those levels. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. More specifically, the Act does the following: Sections 2 through 22 amend Subchapter I. These sections specifically list and define the long term care facilities monitored by the Department. Sections 23 through 30 amend Subchapter II. These sections update the Resident's Bill of Rights. Due process protections, including upon discharge, are fully explained and who is the authorized representative for a person who is incompetent is clearly set forth. Sections 31 through 39 amend Subchapter III. These sections update and expand the definitions of abuse and the steps to be taken by the Department and the Department of Justice upon receipt of complaint. It strengthens penalties against individuals and entities that commit or permit abuse of residents. Sections 40 through 43 amend Subchapter IV. These sections update the criminal background check and drug screening requirements for employees of long term care facilities. Sections 44 through 46 amend Subchapter V. These sections update the criminal background check and drug screening requirements for employees of home care agencies. Sections 47 through 48 amend Subchapter VI. These sections update the terms and definitions for the office of the Long-Term Care Ombudsperson. Sections 49 through 51 amend Subchapter VIII. These sections update the terms and definitions for the Nursing Facility Quality Assessment Fund. Section 52 creates a new Subchapter IX to require criminal background checks and drug testing of employees of pediatric extended care centers.
David Bentz (D) Bryan Townsend (D)
signed · Delaware · House Feb 14, 2018

HB 291: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HUMAN TRAFFICKING.

This Act clarifies that the representative appointed by the Secretary of the Department of Health and Social Services to the Human Trafficking Interagency Coordinating Council shall serve as the Council’s temporary chair for the purposes of organizing the initial meeting of the members. A permanent Chair and Vice Chair are to be elected at the first organizational meeting and shall be elected annually thereafter from among the members of the Council.
Tim Dukes (R) Gerald Hocker (R) Margaret Rose Henry (D) Helene M. Keeley (D) · 8 co-sponsors
signed · Delaware · House Feb 14, 2018

HB 225: AN ACT TO AMEND TITLE 16, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF LONG TERM CARE RESIDENTS PROTECTION.

House Bill No. 208 of the 149th General Assembly changes the name of the Division of Long Term Care Residents Protection to the Division of Health Care Quality. This Act updates the name of the Division where it appears in the Delaware Code and takes effect upon the enactment of House Bill No. 208. House Bill No. 195 revises Chapter 11 of Title 16, removing references to a specific Division in 2 sections. This Act clarifies that the name change in those sections sunset upon the enactment of House Bill No. 195.
David Bentz (D) Bryan Townsend (D)
signed · Delaware · House Feb 14, 2018

HB 208: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF LONG TERM CARE RESIDENTS PROTECTION.

This Act renames the Division of Long Term Care Residents Protection to the Division of Health Care Quality and strengthens the Division's ability to protect Delawareans receiving long term, acute, or outpatient health care. The new name better describes the Division which now includes not only long term care, but also acute and outpatient care facilities and agencies. The Division monitors the quality of care delivered by health care facilities and agencies throughout the state. Definitions are added to include the acute and outpatient care descriptions. Flexibility is added to the report the Division is required to prepare. This Act adds the ability of the Division to request and receive EMS records when performing an investigation that involves a transfer of a consumer, resident, or patient from one care setting to another. An interagency transfer form format is required to ensure better transitions of care for persons as they move from one health care setting to another. This Act gives the Division Director subpoena power so that appropriate records may be obtained during an investigation and so that witnesses may be compelled to appear for a hearing. Finally, this Act adds the requirement for Prescribed Pediatric Care Centers to complete the background checks on employees. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
David Bentz (D) Bryan Townsend (D) · 3 co-sponsors
signed · Delaware · House Feb 14, 2018

HB 295: AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2018.

This Act amends the Fiscal Year 2018 Bond and Capital Improvements Act to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) allow reprogramming of funds to support the Delaware Strategic Fund; (3) allow Delaware Technical Community College to realign their critical capital needs with available funding; (4) authorize the Department of Transportation to subordinate the State’s fee interest in the Project Site; (5) direct the Department of Transportation not to vacate Sheep Pen Road and keep the roadway in the state highways system; and (6) allow Department of Transportation to transfer funds to the Riverfront Development Corporation.
Quinton Johnson (D) Dave Sokola (D) · 10 co-sponsors
signed · Delaware · House Feb 14, 2018

HB 127: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

This bill updates Title 26 relating to the requirements for obtaining a certificate to operate in Delaware as a new electric transmission utility. This bill uses language similar to certificate requirements for water, wastewater, and other utility services under the jurisdiction of the Public Service Commission (“Commission”). Due to recent changes in federal law, certain projects will now be available to entities both in and out of state. In order to perform this type of work in Delaware, a company will need to obtain a certificate from the Commission. Currently, there are no qualifications defined for the Commission to assess the impact a project of this nature will have on Delaware and its citizens. This bill will provide the Commission with the necessary authority to assess that impact and revoke a certificate in the future for good cause.
Trey Paradee (D) Harris B. McDowell (D) · 10 co-sponsors
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