Sen. Spiros Mantzavinos

This bill clarifies the original intent of House Bill No. 151 of the 147th General Assembly, which substantially revised the law relating to bail agent licensure and oversight, that individuals or businesses that loan or otherwise provide funds to bail agents for purposes of furnishing bail (“bail funders”) are themselves required to be licensed as bail agents. This clarification is necessary in light of certain members of the bail industry’s attempts to circumvent the requirements of HB 151, as reflected in the Superior Court opinion issued in the matter of Preferred Financial Services, Inc. v. A&R Bail Bonds LLC, et al., 2019 WL 315331 (Del. Super. January 23, 2019), aff’d 2019 WL 4042324 (Del. August 28, 2019). The bill also creates a standard term (“bail agent business entity”) to refer to business entities that advertise and act as bail agents and standardizes the use of the phrase throughout the subchapter. Section 2 provides a definition of “financial interest” and revises the provision regarding background check requirements to permit applicants to submit federal background check requests electronically through SBI. Section 3 of this bill clarifies that the duties of bail agents as set forth in Section 4333B(b) apply both to individual property bail agents and business entity licensees and also grants the Commissioner the authority to request from licensees financial statements and balance sheets in a form required by the Commissioner, bank statements, and other information deemed necessary by the Commissioner in her review of the business operations of licensees under this Chapter. Section 4 of this bill requires the automatic suspension of a bail entity’s license if such entity’s designated responsible individual licensee is no longer in good standing and dictates that a designated responsible individual licensee is responsible for the business entity’s failure to comply with the relevant insurance laws. Sections 5 and 7 of this bill correct a typographical error in the original statute. Section 6 of this bill increases the amount of the bond that bail agents are required to file with the Department. Section 7 also sets forth the procedure for requesting a hearing in connection with a license application denial, which is consistent with the procedures set forth in Chapter 17 of the Insurance Code for producers. Section 8 of this bill includes additional record maintenance requirements in connection with the use of bail funders. Sections 9 and 10 make changes for technical and consistency purposes. Section 11 of this bill requires bail agents to substantively respond to Department inquiries within a reasonable timeframe, which is consistent with the requirements under Title 18’s Unfair Trade Practices Act (Ch. 23). Section 12 of this bill adds language regarding fines that may be imposed upon bail agents in lieu of or in addition to other penalties that may be imposed for violations of the laws of this State. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Section 1 of this bill adds additional financial reporting requirements for authorized insurers, which codifies current practices in accordance with the NAIC’s accounting practices and procedures manual and which was recommended by the NAIC as part of its most recent and ongoing accreditation review of the Department. Section 2 of this bill repeals Section 526A because the Department has determined that the circumstances that originally resulted in the enactment of Section 526A are no longer present in today’s market and, therefore, the additional reporting requirement is not necessary. Sections 3 and 4 of this bill make technical corrections recommended by the NAIC.

This Act provides a senior discount for residents and non-residents 62 years of age and older, for a conservation access pass, and a life-time conservation access pass for Delaware residents, 65 years of age and older, consistent with current senior discounts for access fees to Delaware State Parks.

This Act changes the definition of tavern from an establishment with a special space and accommodation for sale of beer by the glass for consumption on the premises to an establishment with a special space and accommodation for sale of beer and wine in single servings. The Act also revises § 513 to allow any person in charge of a tavern to apply to the Commissioner for a license to purchase from an importer and to receive, keep and sell beer and wine instead of only beer. The beer and wine must be consumed on the premises where sold.

This Act creates a tuition reimbursement program for volunteer firefighters, similar to already existing programs for law enforcement officers and National Guard members. Pursuant to this program, active volunteer firefighters may be reimbursed for tuition for 2 undergraduate level courses or one masters level course per semester at any Delaware college or university. The State Fire Prevention Commission is charged with promulgating rules and regulations and administering the program.

Section 4513 of Title 21 authorizes the installation and use of monitoring systems to assist in the enforcement of applicable law regarding motor vehicle use of roadways that the Department of Transportation (“DelDOT”) has determined are not suitable for certain commercial or other truck traffic. DelDOT’s determination of which roadways is based on myriad reasons, including vehicle height, weight, or size. This Act renames the monitoring systems to more accurately reflect their purpose. It also clarifies the following: - The purpose of the monitoring system is to assist in enforcing restrictions of trucks on certain roadways that are not suitable for certain commercial or other truck traffic. - Counties and municipalities are authorized to install monitoring systems. - The county or municipality that authorizes the installation of a monitoring system is responsible for paying or obtaining the funds for payment of the installation, use, maintenance, or other costs associated with the system. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act relates to the police and fire pension fund provisions of Chapter 7, Title 18 of the Delaware Code. The Act clarifies that an eligible retiree must be alive on July 1 of each biennial payout year in order to receive the payment provided for in Section 708 of Chapter 7.

This Act allows the parent or guardian of a military-connected student to preliminarily enroll the student by remote registration in a school district where the parent or guardian is in the active military of the United States or in full-time status during active service with a force of the Delaware National Guard, if the parent or guardian is being transferred to Delaware under military orders and is transferred to or is pending transfer to a military installation within Delaware.

This Act provides for the establishment of stormwater maintenance districts in New Castle County and for the collection and use of stormwater maintenance fees to help pay for maintenance in the districts. This Act is modeled on Chapter 52 of Title 9 that has allowed Kent County to create stormwater maintenance districts and differs only in format for clarity and to conform to the standards of the Delaware Legislative Drafting Manual. Under this Act, New Castle County will adopt an ordinance that provides the procedures and criteria related to the establishment of stormwater maintenance districts. The adoption of the ordinance is required to implement this Act. Once this Act is implemented, it is mandatory that any new subdivision or land development in any unincorporated area in New Castle County establish a stormwater maintenance district, if required to do so under the implementing ordinance. Subdivisions and land developments in existence when this Act is implemented may petition the county government to declare the area a stormwater maintenance district. A stormwater maintenance district may be established within an incorporated area, but only with the concurrence of the local governing body.

This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly.