| HB 294 w/ HA 2 | Signed | Briggs King | 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regulations, and setting fees for courses of instruction and programs of rehabilitation for those whose licenses have been revoked for driving a vehicle under the influence of alcohol or any drug, or both.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. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE. |
| HB 318 | Signed | B. Short | This Act updates the Delaware Insurance Guaranty Association (DIGA) Act to more closely align it with the National Association of Insurance Commissioners (NAIC) and National Conference of Insurance Guaranty Funds (NCIGF) Model Acts.
DIGA in a non-profit association, established under Chapter 42, Title 18 of the Delaware Code as a safety net to protect residents of this state when a covered property and casualty claim arises from an insolvency of a member insurance company. DIGA is fully funded by assessments levied on member insurance companies and remaining assets from insolvent insurance companies.
Section 1 clarifies the types of insurance that do not fall under this chapter.
Section 2 clarifies the definition of what is excluded from the definition of a “covered claim” and adds “ocean maritime insurance” to this chapter.
Section 3 provides for an increase in the maximum amount of covered claims from $300,000 to $500,000 (workers compensation coverage remains unlimited) and specifies when the Association would be relieved of any obligation to defend an insured on a covered claim. Section 3 permits procedures to be established for DIGA to retrieve net worth information from an insured, with consequences if the information is not provided in a timely basis. Section 3 also provides DIGA with the ability to bring an action against any third-party administrator or other party who refuses to release information related to an insolvent company interfering with DIGA’s ability to carry out its duties. Section 3 also provides DIGA with the authority, subject to approval by the Commissioner, to provide claims-handling services to any “run-off insurer” provided the Association expenses related thereto are fully reimbursed.
Section 4 renames § 4212 (formerly non-duplication of recovery) and clarifies that all other insurance coverage (excluding Medicare) is primary to DIGA coverage.
Section 5 removes unecessary language regarding the Board of Director’s functions in relation to making recommendations on the status of member insurers.
Section 6 provides the Board of Directors the right to request financial and other information from the liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSURANCE GUARANTY ASSOCIATION ACT. |
| HB 351 | Signed | Bentz | In December 2016, the federal Office of Child Support Enforcement issued final regulations titled "Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs," 81 Fed. Reg. 93,492 (Dec. 20, 2016) (codified at 42 C.F.R Pt. 433). This Act updates to whom Delaware's Division of Child Support Services can send child support payments, in compliance with the federal regulations. | AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT. |
| HB 365 | Signed | Schwartzkopf | Currently, the age for wait staff to serve alcohol to a patron is 19 years old. This Act lowers the age of persons permitted to serve alcohol from 19 to 18 years of age for all establishments licensed for the on-premises sale and consumption of alcoholic liquor except taverns and taprooms. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| HB 367 | Signed | Carson | This is a housekeeping bill to codify the existing practices with administering the Municipal Street Aid program. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL TAX. |
| SB 192 w/ SA 1, SA 2 | Signed | Ennis | This Act creates a special license plate to honor Delaware women’s military service and commemorate the unveiling of the Delaware Women’s Military Service Monument. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES. |
| HB 404 w/ HA 1 + SA 2 | Signed | M. Smith | The purpose of this Act is to clarify that registered agents in Delaware are obligated to comply with requirements, standards, guidelines, rules, regulations, and procedures as issued by the Secretary of State on matters involving filings submitted to the Secretary on behalf of corporations, partnerships, limited partnerships, and limited liability companies. This Act will enable the Secretary of State to adopt requirements, standards, guidelines, rules, regulations, and procedures for commercial registered agents regarding verification of customer entities. This Act also clarifies that such requirements, standards, guidelines, rules, regulations, and procedures which the Secretary issues are exempt from Chapter 101, Title 29 of the Delaware Code. | AN ACT TO AMEND TITLES 6 AND 8 OF THE DELAWARE CODE RELATING TO REQUIREMENTS FOR REGISTERED AGENTS WITH RESPECT TO ENTITIES AND ENTITY FILINGS WITH THE DEPARTMENT OF STATE. |
| HB 408 w/ HA 1 | Signed | Mulrooney | This Act amends the Workers’ Compensation Act to include a provision permitting Industrial Accident Board hearing notices and decisions to be sent by secure email with an electronic receipt in lieu of certified mail. This will save money for the State and time for the parties and their attorneys. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE WORKERS’ COMPENSATION ACT. |
| HB 418 w/ HA 1 | Signed | D. Short | 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.
| AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD. |
| HB 420 w/ HA 1 | Signed | Lynn | This Act grants legal guardians the standing to petition or oppose a petition to change minors' surnames. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MINORS' PETITIONS FOR NAME CHANGE. |
| SB 228 | Signed | McBride | This Act restores the Delaware Prescription Drug Payment Assistance Program (“Program”), which was eliminated in the Fiscal Year 2018 Annual Appropriations Act. This Act replaces Senate Bill 148 and makes the following additional changes:
(1) Delays implementation of the Act until January 1, 2019, to coordinate with the Medicare Part D benefit year to enable the Department of Health and Social Services (“Department”) to make necessary system changes.
(2) Makes changes to the defined term “prescription drugs.”
(3) Removes provisions required to be included in rules and regulations promulgated by the Department.
(4) Adds provisions that may be included in rules and regulations promulgated by the Department.
(5) Makes technical corrections to conform the provisions of the restored Program to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO THE RESTORATION OF THE DELAWARE PRESCRIPTION DRUG PAYMENT ASSISTANCE PROGRAM. |
| SB 241 | Signed | Poore | This Act provides the Delaware Interscholastic Athletic Association with the authority to establish fees for officiating.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION. |
