Delaware Bills

signed · Delaware · Senate Oct 14, 2022

SB 209: AN ACT TO AMEND TITLE 2 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND INSURANCE COVERAGE FOR THE DELAWARE TRANSPORTATION AUTHORITY, PUBLIC CARRIERS, AND TRANSPORTATION NETWORK COMPANIES.

In 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this Act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a TNC. The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022.

signed · Delaware · Senate Oct 14, 2022

SB 312: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

This Substitute Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.

signed · Delaware · House Oct 14, 2022

HB 330: AN ACT TO RENAME THE CLAYMONT REGIONAL TRANSPORTATION CENTER AT FIRST STATE CROSSING IN HONOR OF DELAWARE STATE SENATOR HARRIS BROWN MCDOWELL, III.

This Act renames the Claymont Regional Transportation at First State Crossing in Claymont, Delaware as the "Harris B. McDowell, III Transportation Center" after Senator Harris B. McDowell, III, the longest serving member of the Delaware General Assembly.

signed · Delaware · House Oct 14, 2022

HB 418: AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO RIGHT OF WAY PLANS, NOTIFICATION OF PROPERTY DISPOSAL AND REPORTING DATES.

This Act amends §137, Title 17 of the Delaware Code to allow for right of way acquisitions to commence upon the approval of final right of way plans on a parcel by parcel basis. This will improve project delivery by allowing acquisitions on finalized parcels to begin earlier. This Act also adds a requirement for notification to adjoining property owners when parcels with minimal independent utility are available for disposal. This Act amends the reporting date for properties being held for projects, properties deemed surplus, and for excess and unmarketable properties to be submitted by the end of the calendar year, which aligns it with other reporting requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual including moving the series of purposes and means for acquiring property or property rights in paragraph § 137 (a)(1) to a list to make the meaning clearer and easier to cite to.

signed · Delaware · House Oct 14, 2022

HJR 7: DIRECTING THE STATE TO CONDUCT PANDEMIC AFTER- ACTION REVIEWS AND CONTINUE COVID-19 PANDEMIC MITIGATION EFFORTS.

The Joint Resolution directs the Delaware Emergency Management Agency (DEMA) and Division of Public Health (DPH) to conduct After Action Reviews to assess the State’s pandemic response. DEMA and DPH are also maintaining the ability to increase personnel and supplies as needed in response to future surges of COVID-19. Additionally, the Joint Resolution directs the Legislative and Executive branches to work together on initiatives to combat the effects of the COVID-19 pandemic.

signed · Delaware · Senate Oct 10, 2022

SB 286: AN ACT TO AMEND TITLE 9 AND TITLE 17 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY NEIGHBORHOOD IMPROVEMENT DISTRICTS.

This Act shall be known as the “New Castle County Neighborhood Improvement District Act.” The Act assembles New Castle County resources under “one roof” to focus comprehensively on persistent, and in some cases legacy, neighborhood problems, thereby promoting the possibilities of successfully resolving systemic neighborhood problems. Summary of the Act: • The Act provides for creation of a Neighborhood Improvement District (a “NID”). • Creation of a neighborhood district provides a source of funding for enhanced services in neighborhoods that are especially in need of such services, including, for example, district-wide snow removal, district-wide trash collection, and maintenance of open space. • A primary, but not exclusive, source of funding for the enhanced services is a special assessment on non-exempt properties located within the NID, the primary beneficiaries in the neighborhood. • A NID may be initiated by submission of a voluntary petition by property owners or residents in the district, or by the County, subject to objection by at least 50%, in number, of the non-exempt specially assessed property owners in the district. • A NID will be created and is to exist for only as long as necessary to resolve problems in a neighborhood, and then, after accomplishing its goal of resolving persistent neighborhood problems, it will be subject to dissolution.

signed · Delaware · Senate Oct 10, 2022

SB 151: AN ACT TO AMEND TITLE 18, TITLE 21, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROVIDING FOR DRIVER EDUCATION TRAINING, A DRIVER’S LICENSE, OR MOTOR VEHICLE INSURANCE FOR A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH, AND THEIR FAMILIES OR AN INDIVIDUAL SUBJECT TO EXTENDED JURISDICTION.

Acquiring a driver’s license is an important part of young adults in foster care achieving normalcy and eventual independence. Yet, youth in long term foster care face numerous unique barriers in this endeavor. Not only are there logistical challenges in the process of obtaining a license for teenagers not in parental care, but the automobile insurance industry’s rules can be unaccommodating and financially prohibitive. And, research shows that youth who leave foster care with a driver’s license are more likely to have a successful outcome, avoiding homelessness and incarceration, as reliable transportation is a crucial step to employment. Like Senate Bill No. 151, this Substitute Act seeks to aid youth in foster care by doing the following: (1) Establishing a pilot program within the Office of the Child Advocate (“Office”) that would pay the cost of driver education, licensure and other costs incidental to licensure, and motor vehicle insurance. (2) Prohibiting automobile insurers from using certain factors in determining a foster child’s automobile insurance rates. (3) Prohibiting the DMV from charging certain fees related to licensure for a foster child participating in the Office’s pilot program. (4) Exempting certain individuals from liability for negligence of a foster child. This Substitute differs from Senate Bill No. 151 as follows: (1) By directing that the Act is to be implemented the earlier of April 1, 2023, or the date of publication in the Register of Regulations of a notice by the Child Advocate that the Act is to be implemented. (2) By setting the date reports from the Office of the Child Advocate are due based on the implementation date of the Act. (3) By directing the Act to expire, or sunset, 2 years from the implementation date of the Act.

signed · Delaware · Senate Oct 10, 2022

SB 322: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY.

This bill ensures equal access to diaper changing tables in restrooms in public buildings regardless of the gender for which the restroom is designed.

signed · Delaware · Senate Oct 7, 2022

SB 35: AN ACT TO AMEND TITLE 11 AND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.

Like Senate Bill No. 35, this Act defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, providing specific penalties for these violations, and creates a new criminal offense of wage theft, with a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution. Clearly defining wage theft protects Delaware workers and Delaware taxpayers from employers who pay their employees “under the table” because this practice results in lost tax revenue to this State and exposes employees to personal risk in the areas of unemployment compensation and workplace injuries. The civil penalties collected for violations that are wage theft must be used for the enforcement of wage payment and collection laws under Chapter 11 of Title 19 and prosecution of the offense of wage theft under § 841D of Title 11. Senate Substitute No. 1 for Senate Bill No. 35 differs from Senate Bill No. 35 as follows: • Clarifies that Chapter 11 of Title 19 does not apply to independent contractors. • Defines the term "independent contractor" using the same definition that is used in Chapter 35 of Title 19 and specifically identifying as "independent contractors" a person licensed by the Department of Insurance or registered under Chapter 73 of Title 6 as a broker-dealer, agent, investment adviser, or investment adviser representative. It also allows the Department of Labor to designate additional occupations as an “independent contractor” through regulations. • Does not make any changes to the definitions sections of other chapters in Title 19. • Adds terms and definitions to § 1101 of Title 19 that are used in Chapter 11, with the same definitions for the terms as would have applied under the revisions to § 101 of Title 19 in SB 35. Like Senate Bill No. 35, this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give criminal jurisdiction to inferior courts.

signed · Delaware · Senate Oct 7, 2022

SB 280: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LABOR PEACE AGREEMENTS AND MEDICAL MARIJUANA.

This Act requires medical marijuana compassion centers and safety compliance facilities that have 20 or more employees to have a labor peace agreement with 1 more bona fide labor organizations. This Act defines "labor peace agreement" as an agreement between an employer and a labor organization that, at a minimum, includes all of the following: 1. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. 2. Prohibits the employer from disrupting efforts by the bona fide labor organization to communicate with and attempt to organize and represent employees. 3. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

signed · Delaware · House Oct 7, 2022

HB 402: AN ACT TO AMEND THE CHARTER OF THE CITY OF MILFORD.

This Act amends the Charter of the City of Milford by allowing the City to adopt the assessments of real property conducted by Kent and Sussex County. Also, it states that if the value was obtained from either of the two counties, such information will be included in the public notice, and any objections as to the value of a property shall be taken to the county where the property is located.

signed · Delaware · House Oct 3, 2022

HB 399: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRACTICE OF PHARMACY.

All human laboratory testing is regulated under the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”). CLIA-waived tests are simple laboratory examinations and procedures that have an insignificant risk of an erroneous result. Common CLIA-waived tests include Influenza, HIV, COVID-19, and lipid-panel tests. Amid COVID-19 pandemic, the need for immediate diagnostic services that are close to home became vital. This bill authorizes pharmacists to order and perform tests authorized by the FDA and CLIA-waived and provide treatment for such health conditions.

Bill results