This Act decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017.
This Act replaces the prevailing wage survey method of setting the prevailing wage with a method based on payroll information currently being provided to the Department of Labor. Also, this Act removes the prevailing wage lock-in authorized by House Substitute No. 1 for House Bill No. 145 (148th General Assembly). This Act also removes the Prevailing Wage Advisory Committee (“Committee”) from the Delaware Code. The Committee was established to advise the General Assembly how the prevailing wage survey may be improved or if the survey should be eliminated. The Committee reported in January 2016 that “the best option is to continue the survey for 2016 and report back to the legislature in the future.” Because this Act replaces the prevailing wage survey, the Committee is no longer needed. Finally, this Act takes effect on January 1, 2019.
This bill makes changes to the Delaware Professional Engineers' licensing chapter to: 1. Limit license reinstatement to a 4-year period instead of the current 10-year period. 2. Clarifies the requirement necessary for an out-of-state Professional Engineer to obtain a temporary permit and licensure in Delaware. 3. Allows the use of an electronic signature and date. Previously only an electronic seal was authorized. 4. Clarifies that a licensee from another jurisdiction can be disciplined after they have voluntarily surrendered their license in the other jurisdiction.
This Act requires health insurance policies to cover any medically appropriate drug approved by the FDA for the treatment of stage 4 metastatic cancer without requiring a patient to first prove that the patient failed to respond to a different drug or drugs. This Act is based on a similar bill in Georgia that was inspired by President Jimmy Carter’s recent battle with cancer.
The “Advanced Wireless Infrastructure Investment Act” creates a new Chapter 16 of Title 17 that will accelerate investment in mobile broadband infrastructure and ready the State for the next wave of economic development in the digital economy. In recognition of the shift from landline to wireless communications, the Act authorizes wireless providers access to the State’s rights of way and establishes a Statewide policy for deployment of small wireless cells to meet the growing demand for wireless services which provide Delaware citizens with access to advanced technology, information and 911 services.
This legislation eliminates front footage calculations as the sole method of collecting sewer assessments for county sewer users. It provides a broad list of possible methods of determining the amount of the sewer assessment for each property, including, but not limited to front footage, usage, fixtures, Equivalent Dwelling Units (EDUs) or other factors. The methods are the same as those currently in Chapter 67 of the Delaware Code for sewer charges.
As a result of the passage of the in Inland Bays Aquaculture Act, numerous ongoing concerns have been raised during subsequent public meetings and a public hearing. As a result of those meetings, the Secretary's Order No. 2016-W-0049 reduced the number and location of leasable sites, and eliminated oyster aquaculture in the Little Assawoman Bay. This Act seeks to ensure the following: sites eliminated in the Secretary's Order cannot be considered for leasing for aquaculture; the elimination of poles as a form of markings of any and all leased sites within the Little Assawoman Bay; and limiting all aquaculture leased sites in the Little Assawoman Bay to hard clams only.
This bill implements a portion of the federal requirements in the bipartisan Preventing Sex Trafficking and Strengthening Families Act to promote greater “normalcy” for youth in foster care. Specifically, it provides a limitation from liability provision for foster parents who exercise the reasonable and prudent parent standard for those youth in their care to allow their participation in age appropriate activities. Section 2523(b) provides certain criteria to determine whether a decision is reasonable and prudent, including: the wishes of the child; the wishes of the child’s parent; best interests of the child; the child’s age, maturity, and any potential risk factors to the child or others; and the appropriateness of the activity and experience for extracurricular, cultural, or social enrichment.
This Act, which shall be known as the Coastal Zone Conversion Permit Act, makes changes to the Coastal Zone Act (“CZA”), which has not been significantly updated since its enactment almost a half century ago. The CZA, enacted in 1971, has enabled Delaware to preserve and protect our coastline, one of Delaware’s greatest natural resources. However, the CZA has also allowed property that has been in use by heavy industry for nearly 50 years, most suitable for similar industrial uses, to go unused unless the owner is willing to engage in the same heavy industry use or to use the property for manufacturing. This Act establishes a procedure to allow for the responsible, productive reuse of the 14 existing sites of heavy industry use within the coastal zone. Specifically, this Act provides that the Secretary of the Department of Natural Resources and Environmental Control (“Secretary”) may issue a conversion permit entitling the owner, operator, or prospective purchaser of an existing heavy industry use site operate an alternative or additional heavy industry use at a heavy industry use site. A conversion permit may also be sought for a heavy industry use site that had a docking facility or pier for a single industrial or manufacturing facility at the time the original CZA was passed in 1971, to engage in the bulk transfer of products produced in or used by a facility in the coastal zone. Agricultural products in bulk may also be transferred without regard to origin or destination pursuant to a conversion permit. Liquefied natural gas terminals or transfers are not allowed under this provision. The CZA already contains an exception from the definition of “bulk product transfer facility” for “a docking facility or pier for a single industrial or manufacturing facility for which a permit is granted or which is a nonconforming use,” and that exception is maintained in this Act. A person applying for a conversion permit must submit a written application including all of the information currently required for a permit under the CZA in addition to the following: (1) the environmental impact and economic effect of the existing or previous heavy industry use or uses, (2) the environmental impact and economic effect of the alternative or additional heavy industry use or bulk product transfer activity, (3) the net environmental improvement, economic improvement, or both, inherent in the additional or alternative heavy industry use or bulk product transfer activity as compared to the most recent heavy industry use, (4) evidence of compliance with the Delaware Hazardous Substance Cleanup Act (“HSCA”) and other environmental laws, (5) a sea-level rise plan, (6) an offset proposal required to more than offset the negative environmental impacts of an activity, consistent with regulations, (7) a timetable for the conversion from the existing heavy industry use to the alternative or additional heavy industry use or bulk product transfer activity, and (8) evidence of financial assurances. Together, these additional requirements will ensure the coastal zone is protected while providing more flexibility for viable economic use to these 14 existing sites of heavy industry use. This Act specifies that the Secretary may not grant a conversion permit to operate any oil refinery, basic cellulose pulp paper mill, incinerator, basic steel manufacturing plant, or liquefied natural gas terminal not in existence on June 28, 1971. All conversion permit applications under this Act are subject to a public hearing. The Secretary must respond to an application for a conversion permit within 90 days of receiving an application.
This Act updates Delaware's human trafficking crime to prohibit the same acts that are included in the federal Justice for Victims of Trafficking Act of 2015.
