Delaware Bills

in committee · Delaware · House Apr 28, 2022

HB 392: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES AND THE REGULATORY FLEXIBILITY ACT.

This bill amends the notice provision of the Administrative Procedures Act to include copies of the regulatory flexibility analysis and the economic impact statement. It also creates the requirement of an Economic Impact Statement and what it will contain. Further, the timeline for review of regulations is spelled out with an emphasis on minimizing the economic impact caused by regulations.

passed · Delaware · Senate Apr 14, 2022

SB 131: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXATION OF PREMIUM CIGARS.

This Act lowers the tax rate for premium cigars from 30% to 15% of the wholesale price so that Delaware's tax rate is consistent with the tax rates for premium cigars in surrounding states. The tax rate in Maryland is 15% and there is no tax on premium cigars in Pennsylvania. Under this Act, a premium cigar means any roll for smoking that is all of the following: 1. Made entirely of tobacco, including the wrapper, binder, and filler. 2. Hand rolled. 3. Contains no filter, tip, or any mouthpiece consisting of material other than tobacco, or any additional flavoring. This Act takes effect on October 1 following its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Apr 13, 2022

SB 126: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

This Act prescribes specific fines for violating § 4134 of Title 21. Previously, a violation of § 4134 would have been subject to the penalties outlined in § 4205 of Title 21. The amount of the penalties in § 4205 are as follows: for a first offense, a fine of not less than $25 nor more than $75. For each subsequent like offense, a fine of not less than $57.50 nor more than $95. Section 4205 is a general penalty provision that establishes penalties for violations of Chapter 41 of Title 21 or Chapter 42 of Title 21 in the event that the penalties are not otherwise prescribed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Apr 13, 2022

SB 230: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act removes the exemption in § 543(d)(4) of Title 4 (reduced distance requirements based on population growth) to the prohibition against granting a license for the sale of alcoholic liquor if there is an existing licensed establishment of similar type within either of the following: (1) A ½ mile by accessible public road or street in any incorporated city or town. (2) Within 3 miles by accessible public road or street in any unincorporated or rural area. This Act permits the Commissioner to grant a new license if all of the following apply: (1) The licensee desires to move the location of the license due to the destruction of the building, loss of lease, diversion of highway traffic pattern, or similar reason beyond the control of the licensee. (2) The application meets the requirements of § 543(d) of Title 4 of the Delaware Code and the other requirements of Title 4. (3) The new license does not result in the licensee moving the location more than 500 feet in an incorporated city or town or a ½ mile in an unincorporated or rural area.

in committee · Delaware · House Apr 7, 2022

HB 169: AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES RELATING TO THE MANNER AND METHOD OF CONDUCTING ANNUAL MUNICIPAL ELECTIONS AND FISHING ALONG THE DELAWARE BAY SHORE.

This bill amends the Charter for the City of Lewes to permit the City of Lewes to utilize the State's Voter Registration System in connection with municipal elections, as authorized by Subchapters IV and V of Chapter 75 of Title 15 of the Delaware Code. This bill also amends the appointment process for an incumbent Councilperson or the Mayor in the event there is no challenger at the time of the Lewes municipal elections. This bill also deletes provisions that are redundant or in conflict with provisions that are redundant or in conflict with provisions of State law relating to municipal elections, specifically Chapter 75 of Title 15. This bill also provides that if a vacancy occurs in the Office of Mayor or City Councilperson, the person chosen to fill the vacancy shall be deemed to have been elected. This Act amends the Charter of the City of Lewes to permit the City Council to restrict fishing on the Delaware Bay shore, northwest of the Ferry terminal.

passed · Delaware · Senate Apr 6, 2022

SB 231: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO USE OF GENDER OR SEX AS A RATING FACTOR IN PERSONAL AUTOMOBILE INSURANCE POLICIES.

This bill prohibits the use of gender, gender identity, or sex as a rating factor in personal automobile insurance policies. The Gender Disparities in Auto Insurance Pricing Report issued by the Delaware Department of Insurance and Consumer Federation of America shows that many insured Delaware women are charged more than men even when all other factors, including drivers’ history, are the same. Six states have similar existing laws: California, Hawaii, Massachusetts, Michigan, North Carolina, and Pennsylvania.

in committee · Delaware · House Mar 31, 2022

HB 370: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE ESTABLISHING THE OFFICE OF STATE INSPECTOR GENERAL.

This Act seeks to establish the Office of State Inspector General in Delaware. The governor would nominate a candidate to serve as inspector general, with the Senate needing to confirm the nomination. The term of office for the post would be five years. The inspector general created under this act would be charged with investigating complaints of waste, fraud, abuse or corruption regarding state employees or state executive branch agencies. State agencies would be required to cooperate with any investigation conducted by the office of inspector general, including full access to the personnel, records, and the premises under agency control. The inspector general would have subpoena powers and would employ police officers for the purpose of conducting potential criminal investigations. The office of inspector general would be mandated to share general audit and investigation reports with the public, excluding only that information needed to comply with Delaware confidentiality laws or which might compromise an ongoing criminal investigation. Audits, investigations, inspections and reviews conducted by the office of inspector general would be subject to independent quality assurance reviews every three years, with the results shared with the public. This Act would become effective 180 days after it is enacted and upon appropriate funding being budgeted for the office’s operations.

in committee · Delaware · House Mar 22, 2022

HB 210: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.

This Act permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers so long as it is done through a common carrier with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year; and limits the total amount of wine that the direct shipper of wine can ship directly to Delaware consumers to 1,800 9-liter cases annually. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly.

in committee · Delaware · House Mar 19, 2022

HB 118: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE DELAWARE WRONGFUL IMPRISONMENT COMPENSATION ACT.

Thirty-three states and the District of Columbia have established a process for compensating individuals who have been wrongly convicted. This Act creates such a process for Delaware.

in committee · Delaware · House Mar 17, 2022

HB 85: AN ACT TO AMEND TITLE 7 OF DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.

This Act is to fortify the Declaration of Purpose for the Fort DuPont Complex. This Act requires that at least one of the 4 directors appointed by the Mayor of Delaware City is a resident of the Fort DuPont Complex. This Act prohibits the executive director or any employee of the Corporation any gift from the Corporation, the Board or any member of the Board valued in excess of $200.00 or from renting or leasing any property on the Fort DuPont Complex except for fair market value and only with a rental or lease agreement. This Act requires the Executive Director to provide an annual written report of the activities of the Corporation to the Chair of the Board and the Chair of the Fort DuPont Oversight Committee. This Act also provides that no administrative costs of the Corporation may be requested or paid by an appropriation of the Geneal Assembly beginning January 1, 2022. This Act imposes continuing duties upon the Corporation to prepare and provide an annual report and audit for the Governor and the Captial Improvement Committee of the General Assembly. Finally, this Act establishes the Fort DuPont Oversight Committee that assists and provides oversight to the Board in carrying out its purposes under the statute. The Oversight Committee authority includes reviewing records, including financial records, of the Corporation, reviewing appropriation requests to the General Assembly, attending Corporation Board meetings, and oversight of redevelopment plans and the purchase, sale, lease or disposition of lands or buildings. The Oversight Committee shall consist of 7 members, 5 of which, including the Chair, are appointed by the Governor, 1 is appointed by the Speaker of the House, and 1 by the President Pro Tempore of the Senate.

in committee · Delaware · Senate Mar 17, 2022

SB 249: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF NEW DELAWAREANS.

This Act establishes the Office of New Delawareans to help improve the lives and economic prosperity of those foreign-born individuals who come to Delaware and of all Delawareans generally.

in committee · Delaware · House Mar 16, 2022

HB 341: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO TANF WORK REQUIREMENTS AND MATERNAL HEALTH.

This Act requires that the state exempt pregnant persons and the parent or other relative primary caregiver of a child six months of age or younger from TANF work requirements.

Bill results