Rep. Danny Short

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.

Section 1 of this Act transfers from the Department of Safety and Homeland Security to the Department of Health and Social Services the responsibility for establishing, administering, adopting rules and regulations, and setting fees for courses of instruction and programs of rehabilitation for those whose licenses have been revoked for driving a vehicle under the influence of alcohol or any drug, or both. The Department of Health and Social Services’ Division of Substance Abuse and Mental Health is better positioned to establish and operate programs aimed at treating substance abuse issues. Section 1 of this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to update language in this Act that is no longer consistent with language in § 4177 of Title 21. Section 2 of this Act delays the Act’s effective date for 6 months.

Section 1 provides that unpaid taxes shall become first liens against property of the owner for a period of ten (10) years from the date of the assessment. Section 2 reduces the term upon which a homeowner, heir, executors and assigns can redeem property sold at a sheriff sale from one (1) year to 60 days from the date the sale is approved by a Court of law to make the language consistent with Title 9, Section 8729 of the Delaware Code.

Section 1 through 4 of this Act establish interim standards and criteria in order to permit redevelopment projects to move forward while revised regulations are being drafted. The interim standards set forth in this Act would effectively "sunset" upon the adoption of regulations governing redevelopment. The redevelopment regulations, upon formal adoption, would supersede the provisions of the Bill. Section 4 corrects an oversight in prior legislation, which extended the time frame for Department review of delegated projects from 3 to 5 years, but failed to extend the effective date of delegation from 3 to 5 years. Section 5 codifies current and proposed regulations as they pertain to stormwater management to ensure consistency. Section 6 is intended to clarify the procedural status of supporting materials published by DNREC to facilitate compliance with the Regulations, in light of the Order of the Delaware Supreme Court in Baker v. DNREC, No. 552, 2015 (April 15, 2016), affirming the Memorandum Opinion of the Honorable T. Henley Graves of the Superior Court, dated October 7, 2015. Consistent with the Delaware Administrative Procedures Act, regulatory guidance documents, interpretive rules, and general statements of policy adopted pursuant to this exception must still be published in the Delaware Register of Regulations, in order to provide notice of the changes. The language confirming the exemption is drawn from federal administrative law, 5 U.S.C.A. §553, and equivalent provisions of the New Jersey Code, 52:14B-3a, governing such supporting materials. The regulatory guidance documents, interpretive rules, and general statements of policy may not be used by DNREC to impose new or additional requirements on regulated parties, and may not be used, instead of the Code provisions and the Stormwater Regulations, as a basis for enforcement. Such materials are therefore not regulations, and not are not subject to the notice, hearing, or comment procedures of the Administrative Procedures Act or Title 7, or the Regulatory Flexibility Act. Rather, DNREC is free to publish periodic updates and revisions of its technical manuals, checklists, forms, and policy memos, to assist regulated parties in compliance with the Regulations. Section 7 creates a sunset date for sections 1, 2, and 5 to give the Department additional time to fully enact regulations. It is the intent that sections 1, 2, and 5 will sunset upon having a finalized version of Sediment and Stormwater Regulations.

This Bill eliminates the prohibition against hunting for deer on Sundays. Additionally, it maintains the applicable agency regulating public lands authority and discretion to regulate, including prohibition of, deer hunting on Sundays. Lastly, the bill allows for the harvesting of deer on Sundays through DNREC’s deer depredation programs.

This Act acknowledges that the Department of Natural Resources and Environmental Control has been collecting natural resource data for years without the consent of the respective property owners. From the date of this Act forward, the Department must obtain written consent prior to physically entering onto private property for the purpose of collecting Natural Resource Data.

This Act creates a training minimum wage and a youth wage that is not more than $0.50 less than the minimum wage rate that becomes effective January 1, 2019. The increase in the minimum wage to $8.75 is also effective January 1, 2019.

This Act allows an agency, as defined in § 6902 of Title 29, (“agency”) to accept electronic bid submissions and on-line bidding for contracts procuring material and nonprofessional services. This Act also expands the use of electronic bid submission and on-line bidding to be used for large public works contracts and large professional service contracts by the Office of Management and Budget or an agency. This Act also makes the Section of Government Support Services in the Office of Management and Budget responsible for administering the State’s centralized contract development, solicitation, evaluation, and contract administration system on behalf of all agencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill amends the Charter of the Town of Blades to allow annexation without a referendum only if the property to be annexed requests the annexation. Also, if a petition of over 10% of eligible voters requesting a referendum is submitted with 30 days of Council approval, then a referendum must be held. The cost of a referendum when a contiguous property owner desires to come into Blades to obtain their utilities and services seems unnecessary.

Since its adoption in 2003, the Manufactured Home Owners and Community Owners Act ("MHOCOA"), Chapter 70 of Title 25, has proven to be an effective tool to protect the rights of tenants in manufactured home communities. During the years since its adoption, a number of issues and concerns have been identified by tenants, community owners, and the courts. This Resolution establishes the MHOCOA Task Force to review the MHOCOA in order to determine what changes, if any, are needed in order to improve this Act so that it supports a balance of protections and rights for all parties involved.