Delaware Bills

in committee · Delaware · House Jun 30, 2020

HB 361: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ZONING.

Time is money. The time and delay associated with the review of land use projects is often a factor in determining whether a potential employer will come to Delaware. This Act, the Bring New Jobs to Delaware Act, is intended to provide an expedited review process for projects likely to have significant economic impact and make Delaware more attractive to potential new employers. This Act applies to new office, manufacturing, and industrial uses (that is, uses which provide significant numbers of new jobs), and excludes new residential projects and commercial (i.e. retail) projects, which typically involve more community review, input, and comment and are not as much in need of an expedited review process. Under this Act, New Castle, Kent, and Sussex Counties each must adopt, by March 1, 2021, an expedited review process for land use plans for a property with an office, business park, manufacturing, or industrial zoning classification and that involves either of the following: (1) More than 75,000 square feet of new space. (2) The creation or addition of at least 60 new, full-time, permanent jobs in the county in which the plan is submitted. The expedited review process must include a timeline that allows for review, final approval, and, if required, recordation of a land use plan within 6 months of the plan’s submission, if all non-county permits and approvals necessary for county approval have been obtained. Residential or commercial retail projects are not eligible for the expedited review process. The expedited review process begins when the plan is submitted for review to the Office of State Planning under Chapter 92, Title 29. A plan under expedited review has priority over a plan that is not under expedited review. An applicant that qualifies is not required to apply for an expedited review. To assist in defraying additional costs associated with an expedited review, a county may charge a 1-time fee of up to $15,000 in addition to other plan review fees. And, if the Office of State Planning requires it, an applicant may be required to pay the Office of State Planning a 1-time fee of $5,000, to be disbursed to the appropriate state agencies. The 1-time, $5,000 fee is in addition to other plan review fees that state agencies may charge. State agencies that are involved in the approval process must use best efforts to timely review and comment on an expedited review.

in committee · Delaware · House Jun 26, 2020

HB 359: AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCIES.

This Act is intended to make it easier for businesses and homeowner associations to open their doors and their community facilities without fear of facing frivolous negligence lawsuits from customers, patrons or facility users.

in committee · Delaware · House Jun 26, 2020

HB 358: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FEDERAL CORONAVIRUS RELIEF FUND OF 2020 (CARES ACT 2020)

Delaware received significant funding from the federal government under the CARES Act to address economic harm caused by the Covid-19 public health emergency. This Act recognizes the undue economic harm small businesses faced during the State of Emergency closures in Delaware and specifically instructs that 100,000,000.00 of the CARES Act money be directed to small business through an application process overseen by the Secretary of State and the Delaware Economic Development Authority.

in committee · Delaware · House Jun 18, 2020

HB 360: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS OF CHILDREN.

This Bill amends Title 11 to require that custodial interrogations of children, at a place of detention, by a law enforcement officer, be electronically recorded. The Bill requires the law enforcement officer to prepare a written explanation if the interrogation is not electronically recorded. No electronic recording is required if the child refuses to be interrogated if the interrogation is recorded. The Bill contain an exception if the safety of the child, law enforcement officer or informant would be jeopardized. The prosecution has the burden of proving one of the Bill's exceptions for the admission of a child's statement that was not electronically recorded. Both law enforcement officer and agency have civil immunity for implementing and enforcing provisions of Bill. This Bill will become effective 6 months after enactment.

in committee · Delaware · House Jun 18, 2020

HB 357: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE AND THE LAWS OF DELAWARE RELATING TO PRESIDENTIAL ELECTORS.

In 48 states, the presidential candidate winning the majority of the popular vote is awarded that state’s total electoral votes. However, the U.S. Constitution does not specify how individual states must apportion these votes. The predominant “winner take all method” is deeply flawed in that the outcome is often not an accurate representation of a state’s diversity of opinion. This measure corrects this inequity in Delaware. The proposed reform would divide the state’s three electoral votes equally among its three counties. The popular vote in each would determine how that county’s single electoral vote would be allocated. Such a system would be unique and proportional, better reflecting the will of the individual Delawarean with greater accuracy and independent strength of geographic location for all Delawareans, not just those in the densely populated areas in this nation or State.

in committee · Delaware · House Jun 18, 2020

HB 356: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

This bill requires transparency in the use of risk assessment instruments and requires empirical data that the instrument does not increase or magnify bias against any protected class.

in committee · Delaware · House Jun 16, 2020

HB 339: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for a reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an insured if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacist declines to provide a drug or service, the pharmacist must inform the insured that the pharmacist did this because of the costs of providing the drug or service and provide the insured with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or insured. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM’s registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House Jun 16, 2020

HB 337: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRINKING WATER.

This Act mandates that the Department of Health and Human Services, in conjunction with the Department of Natural Resources and Environmental Control to establish Maximum Contaminant Levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals that have been used in industries in this state. These chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but only health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from dangerous contaminants in drinking water.

in committee · Delaware · House Jun 16, 2020

HB 338: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ENGINEERS.

This Act promotes the expansion of licensure opportunities in Delaware while maintaining standards of competence and professionalism required for the protection of the citizens of Delaware. The National Council of Examiners for Engineering and Surveying (NCEES) is a national nonprofit organization dedicated to advancing professional licensure for engineers. It develops, administers, and scores the examinations used for engineering licensure in the United States. Most recently, NCEES has recommended that states broaden access to licensure subject to rigorous competency requirements. For example, Delaware has historically recognized EAC of ABET-accredited (Engineering Accreditation Commission of the former Accreditation Board for Engineering and Technology) programs as the gold standard for engineering education. NCEES has recommended that graduates of engineering programs accredited by signatories of the Washington Accord be afforded the same recognition as EAC of ABET graduates. The Washington Accord is an international agreement between bodies responsible for accrediting engineering degree programs. Signatories of the Accord mutually “recognize the substantial equivalency of participating organizations’ accreditation processes and their graduates’ preparedness to begin professional practice at the entry level.” ABET and Engineers Canada are signatories of the Accord among a total of 20 representing agencies from every continent. This Act will give holders of degrees from engineering programs accredited by Washington Accord signatories the same recognition as EAC of ABET graduates. The required engineering experience for such applicants will be four years. This Act also proposes modifications that would expand licensure comity. While many professions in Delaware use the term “reciprocity” to define the process whereby an individual licensed in one jurisdiction may become licensed in Delaware, the term “comity” is used in the licensing law for professional engineers. To promote international engineering licensure mobility, this Act provides that the Council may license an applicant who is an International Professional Engineer (IntPE), meaning that the applicant has been fully and rigorously evaluated and approved by the International Engineering Alliance (IEA). NCEES is a member of the IEA and the International Professional Engineers Agreement (IPEA). There are currently 15 other members of the IPEA including Engineers Canada. “The International Professional Engineers Agreement recognizes the substantial equivalency of standards establishing the competency of professional engineers for independent practice.” Engineers who are licensed by agencies that are members of IPEA undergo a rigorous application process for registration as IntPEs. NCEES is an IPEA member and maintains a registry of U.S. licensed engineers who have attained IntPE status. Engineers registered as IntPEs would be provided with the same eligibility for comity within the U.S. as would U.S. state-licensed engineers. This applicant will also need to present proof of five years of experience obtained after initial licensure. This Act further proposes that an applicant who has been designated as a Model Law Engineer by NCEES may be issued a license administratively on the basis that the applicant has already been vetted by the profession’s governing body. Other provisions pertaining to comity have been amended to make the Practice Act consistent with other statutes governing professional licensure. Specifically, the comity provision pertaining to licensure by experience has been revised to require five years of licensed experience rather than the current ten years. The standards for licensure by comity have been amended to ensure that the applicant has a current license in good standing from the originating jurisdiction. This Act clarifies the grounds for denial of an application to explicitly include discipline in another jurisdiction. This Act eliminates the requirement that licensees must acquire an embossing seal and allows them to choose a seal format, such as embossing, stamp or electronic. Finally, this Act strikes references to permits on the basis that compliance with temporary permit requirements is difficult for the Council to monitor. Further, as an alternative to the temporary permit, an expedited path to licensure will be available for applicants with the Model Law Engineer designation.

in committee · Delaware · Senate Jun 10, 2020

SB 233: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF WETLANDS.

This Bill institutes a State nontidal wetlands program and leaves intact the current State tidal wetlands program under Chapter 66 of Title 7. Prior to these amendments, the only regulatory protection of the State's nontidal wetlands was through the U.S. Army Corps of Engineers and the federal Clean Water Act ("CWA"). Nontidal (freshwater) wetlands are valuable resources that contribute to the quality of life for all Delawareans and deserve a local program of protection. The State nontidal wetlands program will be, more efficient and more responsive than the federal program. The State nontidal wetlands program will cover gaps in federal jurisdiction under the CWA and mitigate the uncertainty surrounding the limits to federal jurisdiction. The bill also makes technical revisions and conforms certain language to language in 7 Del. C. Ch. 60, for consistency.

in committee · Delaware · Senate Jun 10, 2020

SB 212: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYER'S FAILURE TO PAY AN EMPLOYEE WAGES.

This Act clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available during the next payday after an employee quits, resigns, is discharged, suspended, or laid off. The only difference between Senate Substitute No. 1 for Senate Bill No. 212 and Senate Bill No. 212 is this revised Synopsis. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section.

in committee · Delaware · House May 29, 2020

HB 336: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR VICTIMS OF SEXUAL VIOLENCE.

This bill creates the Public Employee Sexual Violence Act which allows public employees who have suffered sexual violence in the workplace the ability to file an action against the perpetrator and the employee even if the applicable statute of limitations has run. This Act defines sexual violence and provides when a public employee who suffered sexual violence by a supervisor may file suit against an employer. This Act will allow a public employee who was a victim of sexual violence 1 year from the effective date to file claims in Superior Court.

Bill results