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Delaware Bills

Track legislation and stay informed about the bills that matter to you.

State Legislature US Congress

All 5,473 Active 58 In committee 1,778 Passed 1,860 Signed 2,287 Failed 68

signed · Delaware · Senate Aug 8, 2018

SB 242: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR SUCCESS CONTRACTS.

This Act creates Pay for Success contracts. A Pay for Success contract is an agreement between a State agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The State agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the State agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a State agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative.

signed · Delaware · Senate Jul 25, 2018

SB 246: AN ACT TO AMEND TITLES 9 AND 22 OF THE DELAWARE CODE RELATING TO COUNTIES, MUNICIPALITIES AND PUBLIC LANDS.

This act provides greater flexibility for County and Municipal governments to enter into public-private partnerships for public lands. These agreements provide opportunities for the preservation of public land and limit the amount of government money required to maintain the land. This act is intended to abrogate the restrictions on permitted uses for public land, including public parks, held in a public trust as provided in the common law, including the restrictions set forth in Anderson v. Mayor and Council of Wilmington. 137 A.2d 521 (Del. Ch. 1958) and City of Wilmington v. Lord. 332 A.2d 414 (Del. Ch. 1975). aff'd, 378 A.3d 635 (Del. 1977).

signed · Delaware · Senate Jul 25, 2018

SB 208: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

This Act makes the following changes to the large public works contract procedures in subsection (c) and (d) of § 6962 of Title 29 for all State agencies: 1. Changes the requirement for the prequalification process so that submissions must contain performance reviews for previously awarded public works or private sector construction projects within the last 5 years instead of the last 10 years. 2. When an agency elects to award on the basis of best value, the maximum weight that can be assigned to the schedule is reduced from 30% to 20%. 3. When an agency elects to award on the basis of best value, performance is added as an objective criteria and must be given weight of at least 10% but no more than 20%. 4. Performance criterion is based on the contractor's performance rating, as determined under the agency's regulations. This Act makes the following changes to the large public works contract procedures in subsection § 6962(c) of Title 29 for only Department of Transportation projects: 1. Adds a bidder prequalification requirement to projects other than Community Transportation Fund and municipal street aid contracts, so that the only contractors eligible to bid on projects are contractors that either meet or exceed the minimum contractor's performance rating or that will permit the Department to retain 10% of the payments to be made to the contractor. 2. Creates a stakeholder panel to advise the Department of Transportation on the content of the performance-based rating system regulations. Because the stakeholder panel only exists when the performance-based rating system regulations are promulgated or being revised, the stakeholder panel is codified in the Laws of Delaware instead of the Delaware Code. This Act takes on January 1, 2019, or when the required regulations are promulgated, whichever occurs first. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 25, 2018

SB 175: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO WITHHOLDING OF INCOME TAX ON SALE OR EXCHANGE OF REAL ESTATE BY NONRESIDENTS.

This Act exempts the transfer of real estate acquired by foreclosure or deed in lieu of foreclosure from nonresident income tax withholding requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 25, 2018

SB 233: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL STOPS REQUIRED AT RAILROAD CROSSINGS.

This Act adds the requirement that vehicles stop at railroad signals for all on-track equipment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 25, 2018

SJR 7: ESTABLISHING A WORK A DAY EARN A PAY PILOT PROGRAM WITHIN THE DEPARTMENT OF TRANSPORTATION.

This Senate Joint Resolution authorizes and encourages the Delaware Department of Transportation to conduct a Work a Day Earn a Pay Pilot Public Works Jobs Program.

signed · Delaware · House Jul 25, 2018

HJR 13: REQUIRING ANY INSURANCE COMPANY OR HEALTH SERVICE CORPORATION SELLING INDIVIDUAL AND SMALL GROUP MARKET INSURANCE PRODUCTS IN DELAWARE TO FILE A REPORT DETAILING HOW THEY DISTRIBUTED SAVINGS TO DELAWARE CONSUMERS IN PLAN YEAR 2019 FROM THE FEDERAL GOVERNMENT’S ONE YEAR MORATORIUM OF THE INSURANCE COMPANY FEE CREATED BY THE PATIENT PORTABILITY AND AFFORDABLE CARE ACT OF 2010 TO DELAWARE CONSUMERS IN PLAN YEAR 2019.

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.

signed · Delaware · Senate Jul 25, 2018

SB 185: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

The year 2019 marks the 100th anniversary of the Delaware State Fair. This act allows the Department to issue a special license plate to honor this 100th anniversary.

signed · Delaware · Senate Jul 23, 2018

SB 91: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CARBON MONOXIDE DETECTION DEVICES.

This Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 23, 2018

HB 362: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.

This bill sets forth revisions to the Code related to Adult Protective Services. The bill updates language to reflect best practices and current names of agencies and class positions.

signed · Delaware · House Jul 23, 2018

HB 303: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE

This bill increases the annual assessment to each insurance company admitted or authorized to transact the business in Delaware from $750 to $900 for the costs of administration and operation of the Insurance’s Fraud Prevention Bureau.

signed · Delaware · Senate Jul 23, 2018

SB 196: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

This bill amends various sections of the Delaware Uniform Commercial Code (the “Act”) to keep it current. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 1-201(b)(27) of the Act to expressly include series of the other types of persons listed in such section as persons under the Act. Section 2. This section amends Section 9-102(a)(71) of the Act to expressly provide that a series of a registered organization constitutes a registered organization if the series is organized under the law of a single State and the statute of the State governing the series requires that a public organic record of the series be filed with the State. Section 3. This section provides that the proposed amendments shall become effective August 1, 2019.