This might be the most dangerous bill we've ever seen in Delaware. It gives one person, the Secretary of DNREC, total dominion over a land area the size of New Castle County. It takes that power away from county and municipal governments.
This much concentration of power in the hands of one person is wrong. Once this bill becomes law, it will make the legislators even more impotent (in comparison to the Secretary of DNREC) than they've ever been.
Regardless of political promises that might be made to get the bill passed, what will prevent the regulations from changing to fit the vision of any Secretary in the future? The answer is nothing. Freedom will constantly be threatened.
Click here to read legislation
Monday, May 23, 2011
Monday, May 16, 2011
HB 101 & 102
HB 101 & 102 vastly increase the cost and complexity of dealing with DelDOT for anyone needing access to the highways. These are horrible bills that seem designed to kill the possibility of new jobs.
HB 101: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/37C72A7C1E11A3958525758900611EFB?Opendocument
HB 102: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+102?Opendocument
HB 101: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/37C72A7C1E11A3958525758900611EFB?Opendocument
HB 102: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+102?Opendocument
Friday, May 6, 2011
House Bill #86
It is time to end Delaware's "cap and trade" program. It will cost us all a fortune with virtually no benefits. Unfortunately, this bill almost surely will not be voted on. If it isn't, prepare for your electric bill to go up for years to come.
House Bill #86
Title:
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TERMINATING THE REGIONAL GREENHOUSE GAS INITIATIVE AND CO2 EMISSION TRADING PROGRAM.
Synopsis:
This bill terminates Delaware’s participation in the Regional Greenhouse Gas Initiative and will save money for every electricity user in Delaware.
To view full text of legislation, click HERE
Thursday, April 14, 2011
House Bill #89 - Doctrine of Employment at Will
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DOCTRINE OF EMPLOYMENT AT WILL AND PROTECTION FROM WRONGFUL TERMINATION.
| Synopsis: This act is based on the Model Employment Termination Act promulgated by the National Conference of Commissioners on Uniform State Laws in 1991. The basic philosophy of this act is one of compromise and balancing the competing interests of employers and employees. Thus, although covered employees are granted an expanded substantive right to “good cause” protections against termination, available remedies are limited to reinstatement, with or without backpay, and severance pay when reinstatement is unfeasible. Compensatory and punitive damages are eliminated, except in cases where an employer retaliates against an individual for filing a complaint, giving testimony or otherwise participating in proceedings under this Subchapter. Pursuant to this act, employees who have worked for an employer for more than one year may only be fired for “good cause.” Part-time employees working less than 20 hours per week are not covered by the act. As to covered employees, this act extinguishes all common law rights and remedies against an employer. This act, however, does not displace or extinguish any rights granted to an employee under any federal or Delaware statutes, administrative rules or regulations having the force of law. Similarly, this act does not displace or extinguish any rights granted to an employee under a collective-bargaining agreement or an express oral or written agreement relating to employment. Employees not covered by the provisions of this act retain all common law rights and remedies. This act does not apply to the State or its subdivisions or agencies, municipal corporations or private employers with less than five employees. “Good cause” for a termination is defined as: (i) a “reasonable basis” related to an individual employee in view of factors such as conduct on the job, job performance and employment record; or (ii) the exercise of business judgment in good faith by the employer. The requirement of good cause for a termination does not apply to a termination which occurs at the expiration of express term of employment or upon completion of the specified task or project to which the employment related. The provisions of this act cannot be waived except by an express written agreement of the employer and employee providing for severance pay in the event the employee is terminated without good cause. Any covered employee whose employment is terminated may file a complaint and demand for arbitration with the Department of Labor within 180 days of the effective date of the termination. An employer seeking a declaration that good cause exists for a termination may also file a complaint and request for arbitration. Arbitration pursuant to this act shall be governed by Delaware’s Uniform Arbitration Act. Either party to an arbitration proceeding may appeal the arbitrator’s award to the Superior Court of the County in which the termination occurred. The act will take effect 180 days after enactment to allow the Department of Labor to promulgate regulations implementing this act. To view full text of legislation, click HERE |
House Bill #88 - Regulation of Securities
AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE REGULATION OF SECURITIES.
Synopsis:
This bill, named the “Delaware Investor Protection Act,” re-organizes the provisions of the Delaware Securities Act (6 Del. C., Ch. 73) into seven subchapters and makes the following substantive amendments to the Act:
(1) The definition of the word “security” is amended to make clear that a viatical settlement contract is a security under the Act.
(2) The definition of the word “security” is amended to make clear that an annuity contract is a security under the Act.
(3) The definition of the word “security” is amended to make clear that an advance fee agreement is a security under the Act.
(4) A definition of the term “viatical settlement contract” is added to the Act.
(5) The anti-fraud provision under the Act is amended to make clear that (a) where scienter is an element of the offense, reckless conduct will satisfy the scienter requirement; and (b) in a government enforcement action brought under the anti-fraud provision, the government need not prove loss, proximate cause, or reliance in order to establish a violation of any part of the provision, nor scienter to establish that a violation has occurred through the making of a materially false statement or omission.
(6) The permissible range for filing fees payable for securities registrations and notice filings is amended to establish a minimum payment of $500.00 and a maximum payment of $1,500.00.
(7) The statutory registration exemption for any investment contract issued in connection with an employee’s stock purchase, savings, pension, profit-sharing or similar benefit plan is amended to eliminate the requirement that the Commissioner be notified in writing of the offering of any such security.
(8) A securities registration exemption for viatical settlement contracts is added to the Act.
(9) The Act is amended to make it unlawful for persons registered under the Act (or persons who are required to be registered under the Act) to make false or misleading filings with the Commissioner, to engage in any dishonest or unethical conduct, or to fail reasonably to supervise persons for whom he or she has supervisory responsibilities.
(10) The Act is amended to strike a provision that provides for automatic registration of the partners, officers, and directors of a broker-dealer or investment adviser.
(11) The Act is amended to increase the registration fees for broker-dealers, broker-dealer agents, investment advisers, investment adviser representatives, and issuer agents.
(12) The Act is amended to increase the notice filing fee for federal covered advisers.
(13) The Act is amended to clarify that the Attorney General may delegate to an administrative hearing officer the authority to preside in any administrative proceeding under the Act.
(14) The statute of limitations in the Act is amended to provide an extension of the existing 5-year statute of limitations for two additional years in the event of fraudulent concealment, but in no event will the applicable statute of limitations be extended for more than 3 years beyond the 5-year period.
(15) The Act is amended to increase the fine that may be imposed for a failure reasonably to supervise an agent or employee.
(16) The Act is amended to increase the fine that may be imposed for a violation of the Act involving a continuous course of conduct.
(17) The Act is amended to create enhanced criminal penalties for persons who commit violations of the Act that injure elderly, infirm or disabled persons.
(18) The Act is amended to create a right to rescind a viatical settlement contract for a limited period of time following the occurrence of the viatical settlement contract transaction. This right of rescission does not apply to institutional buyers or accredited investors.
(19) The Act is amended to create a mechanism by which an administrative order of the Commissioner can be filed with and given the full force and effect of a judgment of the Superior Court for the State of Delaware.
(20) The Act is amended to enhance funding for the Investor Protection Fund.
(21) The Act is amended to make aiding and abetting conduct a violation of the Act.
(22) The Act is amended to update statutory references and make minor technical corrections.
(1) The definition of the word “security” is amended to make clear that a viatical settlement contract is a security under the Act.
(2) The definition of the word “security” is amended to make clear that an annuity contract is a security under the Act.
(3) The definition of the word “security” is amended to make clear that an advance fee agreement is a security under the Act.
(4) A definition of the term “viatical settlement contract” is added to the Act.
(5) The anti-fraud provision under the Act is amended to make clear that (a) where scienter is an element of the offense, reckless conduct will satisfy the scienter requirement; and (b) in a government enforcement action brought under the anti-fraud provision, the government need not prove loss, proximate cause, or reliance in order to establish a violation of any part of the provision, nor scienter to establish that a violation has occurred through the making of a materially false statement or omission.
(6) The permissible range for filing fees payable for securities registrations and notice filings is amended to establish a minimum payment of $500.00 and a maximum payment of $1,500.00.
(7) The statutory registration exemption for any investment contract issued in connection with an employee’s stock purchase, savings, pension, profit-sharing or similar benefit plan is amended to eliminate the requirement that the Commissioner be notified in writing of the offering of any such security.
(8) A securities registration exemption for viatical settlement contracts is added to the Act.
(9) The Act is amended to make it unlawful for persons registered under the Act (or persons who are required to be registered under the Act) to make false or misleading filings with the Commissioner, to engage in any dishonest or unethical conduct, or to fail reasonably to supervise persons for whom he or she has supervisory responsibilities.
(10) The Act is amended to strike a provision that provides for automatic registration of the partners, officers, and directors of a broker-dealer or investment adviser.
(11) The Act is amended to increase the registration fees for broker-dealers, broker-dealer agents, investment advisers, investment adviser representatives, and issuer agents.
(12) The Act is amended to increase the notice filing fee for federal covered advisers.
(13) The Act is amended to clarify that the Attorney General may delegate to an administrative hearing officer the authority to preside in any administrative proceeding under the Act.
(14) The statute of limitations in the Act is amended to provide an extension of the existing 5-year statute of limitations for two additional years in the event of fraudulent concealment, but in no event will the applicable statute of limitations be extended for more than 3 years beyond the 5-year period.
(15) The Act is amended to increase the fine that may be imposed for a failure reasonably to supervise an agent or employee.
(16) The Act is amended to increase the fine that may be imposed for a violation of the Act involving a continuous course of conduct.
(17) The Act is amended to create enhanced criminal penalties for persons who commit violations of the Act that injure elderly, infirm or disabled persons.
(18) The Act is amended to create a right to rescind a viatical settlement contract for a limited period of time following the occurrence of the viatical settlement contract transaction. This right of rescission does not apply to institutional buyers or accredited investors.
(19) The Act is amended to create a mechanism by which an administrative order of the Commissioner can be filed with and given the full force and effect of a judgment of the Superior Court for the State of Delaware.
(20) The Act is amended to enhance funding for the Investor Protection Fund.
(21) The Act is amended to make aiding and abetting conduct a violation of the Act.
(22) The Act is amended to update statutory references and make minor technical corrections.
To view full text of legislation, click HERE
Tuesday, April 12, 2011
House Bill #75 and #65
HB 75 is a good bill. It would prevent members of the General Assembly from getting a state job after they get elected.
Notice, however, that HB 65 does exactly the same thing. The only real difference is that HB 65 was sponsored in the House by a Republican, which is the minority party. Is HB 75 a message to Republicans that they will not be allowed to sponsor any important legislation?
Senate Bill #40
More of your hard-earned money will be given to "green businesses." It will be interesting to see if they can pay it back.
AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE PERTAINING TO BUSINESS TAX CREDITS AND DEDUCTIONS AND CLEAN ENERGY TECHNOLOGY DEVICE MANUFACTURING.
Synopsis:
This Act improves and updates the State’s primary economic development tax incentive program. Specifically, the Act: 1) makes the program permanent by eliminating a sunset provision; 2) better delineates eligibility for tax relief by establishing a three-year application deadline; 3) boosts the program’s effectiveness by increasing the amount of the corporate or personal income tax credits; and 4) modernizes the program’s scope by including provisions specifically designed to attract manufacturers of advanced clean energy technology power generating devices and systems.
To view full text of legislation, Click HERE
Tuesday, March 29, 2011
House Bill #59
This bill will both make banks more cautious about mortgage lending and create another non-accountable bureaucracy to torment citizens with.
Synopsis:
AN ACT TO AMEND CHAPTER 25, TITLE 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.
This bill provides for an Office within the Division of Consumer Protection to identify mortgage foreclosure fraud, to reduce foreclosure, and to promote financial literacy.
In addition, the Office will receive calls from borrowers in default and make appropriate referrals to housing counselors or other agencies. The Outreach Coordinator will be responsible for acting as a liaison with servicers in some circumstances and participating as necessary in any mediation activity.
The Office will exist for a period of three years from the date it is created pursuant to this bill.
In addition, the Office will receive calls from borrowers in default and make appropriate referrals to housing counselors or other agencies. The Outreach Coordinator will be responsible for acting as a liaison with servicers in some circumstances and participating as necessary in any mediation activity.
The Office will exist for a period of three years from the date it is created pursuant to this bill.
To View Full Text of Legislation Click HERE
House Bill #58
Another bill that will further depress the issuance of mortgages.
Synopsis:
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FORECLOSURES INCLUDING A FORECLOSURE MEDIATION PROGRAM FOR HOMEOWNERS.
This Bill regulates conduct related to foreclosures in Delaware.
Section 1 establishes the Automatic Residential Mortgage Foreclosure Mediation Program in order to ensure homeowners have an opportunity to meet face-to-face with lender representatives and mediate both retention and non-retention options before a judgment is entered or a sheriff’s sale occurs. This Section codifies an expanded version of the Residential Mortgage Foreclosure Mediation Program currently run by the Superior Court under its Administrative Directive 2011-2, as first established under the Superior Court’s Administrative Directive 2009-3. The Automatic Residential Mortgage Foreclosure Mediation Program established by Section 1 expands access to mediation to all homeowners of owner-occupied residential one-to-four family properties and eliminates financial qualification rules set forth in the existing mediation program. This will ensure that mediation can bring all homeowners facing foreclosure on their residence together in face-to-face meetings with representatives of their lender to address not just possible loan modifications, but other mutually agreeable resolutions short of a sheriff’s sale. Section 1 also requires that plaintiffs pay a court-determined mediation fee in foreclosure actions for which mediation will occur; this fee is to be set by the court in an amount to defray the costs of the mediation program.
Section 2 sets out certain requirements for the filing of a complaint or summons in a mortgage foreclosure action, including that the filing be accompanied by certain documentation related to the notices. Section 2 also extends the period for a defendant to file an answer in mortgage foreclosure actions that are subject to the mediation program established under Section 1 until the date of any scheduled mediation conference.
Section 3 is a technical amendment to Title 10.
Section 1 establishes the Automatic Residential Mortgage Foreclosure Mediation Program in order to ensure homeowners have an opportunity to meet face-to-face with lender representatives and mediate both retention and non-retention options before a judgment is entered or a sheriff’s sale occurs. This Section codifies an expanded version of the Residential Mortgage Foreclosure Mediation Program currently run by the Superior Court under its Administrative Directive 2011-2, as first established under the Superior Court’s Administrative Directive 2009-3. The Automatic Residential Mortgage Foreclosure Mediation Program established by Section 1 expands access to mediation to all homeowners of owner-occupied residential one-to-four family properties and eliminates financial qualification rules set forth in the existing mediation program. This will ensure that mediation can bring all homeowners facing foreclosure on their residence together in face-to-face meetings with representatives of their lender to address not just possible loan modifications, but other mutually agreeable resolutions short of a sheriff’s sale. Section 1 also requires that plaintiffs pay a court-determined mediation fee in foreclosure actions for which mediation will occur; this fee is to be set by the court in an amount to defray the costs of the mediation program.
Section 2 sets out certain requirements for the filing of a complaint or summons in a mortgage foreclosure action, including that the filing be accompanied by certain documentation related to the notices. Section 2 also extends the period for a defendant to file an answer in mortgage foreclosure actions that are subject to the mediation program established under Section 1 until the date of any scheduled mediation conference.
Section 3 is a technical amendment to Title 10.
To View Full Legislation Text Click HERE
House Bill #57
This bill will make mortgages harder to obtain.
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FORECLOSURES.
This Bill regulates conduct related to foreclosures in Delaware.
Section 1 requires an affidavit of loss mitigation prior to a plaintiff seeking the entry of judgment in a foreclosure action in order to ensure homeowners are considered for loan modifications before a foreclosure action is concluded with respect to their residence.
Section 1 requires an affidavit of loss mitigation prior to a plaintiff seeking the entry of judgment in a foreclosure action in order to ensure homeowners are considered for loan modifications before a foreclosure action is concluded with respect to their residence.
For Full Text of Legislation Click HERE
House Bill #54
REPLACING HB 34
This bill is critically important to long-term improvement in the Delaware Economy. It is a start to the regulatory reform that we so desperately need.
Synopsis:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT.
Small businesses are the backbone of Delaware’s economy. According to recent census statistics, 80% of companies in Delaware have fewer than 20 employees.
The goal of the State’s Regulatory Flexibility Act is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Delawareans into the economic mainstream, and broaden the tax base.
This legislation seeks to further improve the State regulatory climate for small businesses by updating the current Regulatory Flexibility Act based on model legislation prepared by the Small Business Administration’s Office of Advocacy and patterned after the federal Regulatory Flexibility Act.
This legislation requires agencies to prepare and publish a regulatory flexibility analysis and economic impact study with proposed regulations so that agencies consider the costs of such regulations on small businesses and the feasibility of exemptions or less stringent compliance or reporting requirements. Emergency regulations, regulations impacting employment or labor law and orders would not be subject to these requirements.
The legislation also requires agencies to review regulations for impacts on small businesses every five years and extends from 30 to 60 days the period for which judicial review of a final agency order with respect to a regulation is available.
The legislation directs the Registrar of Regulations, Department of State and Office of Management and Budget to develop and publish guidelines to be used by State agencies in preparing the analysis and impact study required by the Act. The guidelines will ensure that agencies utilize a consistent reporting template for the regulatory flexibility analysis and economic impact study required by the Act and also will clarify exemptions under the Act for certain regulations such as regulations related to professional qualifications and federally mandated regulations already subject to the federal Regulatory Flexibility Act.
The Act takes effect on February 1, 2012 to provide adequate time to develop, publish and seek comment on the guidelines.
The goal of the State’s Regulatory Flexibility Act is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Delawareans into the economic mainstream, and broaden the tax base.
This legislation seeks to further improve the State regulatory climate for small businesses by updating the current Regulatory Flexibility Act based on model legislation prepared by the Small Business Administration’s Office of Advocacy and patterned after the federal Regulatory Flexibility Act.
This legislation requires agencies to prepare and publish a regulatory flexibility analysis and economic impact study with proposed regulations so that agencies consider the costs of such regulations on small businesses and the feasibility of exemptions or less stringent compliance or reporting requirements. Emergency regulations, regulations impacting employment or labor law and orders would not be subject to these requirements.
The legislation also requires agencies to review regulations for impacts on small businesses every five years and extends from 30 to 60 days the period for which judicial review of a final agency order with respect to a regulation is available.
The legislation directs the Registrar of Regulations, Department of State and Office of Management and Budget to develop and publish guidelines to be used by State agencies in preparing the analysis and impact study required by the Act. The guidelines will ensure that agencies utilize a consistent reporting template for the regulatory flexibility analysis and economic impact study required by the Act and also will clarify exemptions under the Act for certain regulations such as regulations related to professional qualifications and federally mandated regulations already subject to the federal Regulatory Flexibility Act.
The Act takes effect on February 1, 2012 to provide adequate time to develop, publish and seek comment on the guidelines.
To View Full Text of Legislation Click HERE
Wednesday, March 16, 2011
Delaware Representative Calls for Withdrawal from RGGI
State Rep. Jack Peterman believes Delaware needs to reconsider its membership in a regional carbon dioxide "cap and trade" program, arguing the state will exceed its pollution reduction goals without the initiative. To read the complete "letter to the editor," CLICK HERE
Sunday, March 6, 2011
This bill is extremely important to the future of the Delaware economy. It passed 37 to 0 in the Delaware House last year but was not worked in the Senate. It would be a start in reducing the regulatory burden on our small businesses.
146th General Assembly
House Bill # 34
http://www.legis.delaware.gov/LIS/LIS146.nsf/vwLegislation/HB+34?Opendocument
| Primary Sponsor: | Rep. B. Short | Additional Sponsor(s): Rep. Bennett & Sen. Katz |
| CoSponsors: | Reps. Barbieri, Carson, George, Gilligan, Hocker, Hudson, Jaques, Q. Johnson, Kowalko, Mitchell, D. Short, Willis; Sen. Sokola | |
| Introduced on : | 02/24/2011 |  |
| Long Title: | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT. |
| Synopsis: | Small businesses are the backbone of the economy in Delaware. In fact, 80% of the companies in Delaware employ less than 20 employees, according to recent statistics from the U.S. Census Bureau. The goal of regulatory flexibility is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Americans into the economic mainstream, and broaden the tax base. In 2002, the Office of Advocacy presented state model legislation, patterned after the federal Regulatory Flexibility Act, to improve the state regulatory climate for small business. This legislation adopts much of the model legislation with the intent of aiding and fostering small job growth in our State by creating a friendlier regulatory environment for small businesses. |
| Current Status: | House Economic Development/Banking/Insurance/Commerce Committee On 02/24/2011 | ||
| | | |
| Full text of Legislation: (in HTML format) | Legis.html | Email this Bill to a friend | |
| Full text of Legislation: (in MS Word format) | Legis.Doc (Microsoft Word 2007 or above required to view this document.) | ||
| Fiscal Notes/Fee Impact: | Not Required |
| Feb 24, 2011 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House |
Sunday, February 13, 2011
Senate Bill 15- State Agencies Must Verify Employment Status of New State Employees
146th General AssemblySenate Bill # 15
Primary Sponsor: Sen. Booth
Additional Sponsor(s): Sen. Ennis & Rep. Hudson
CoSponsors: Sens. Bonini, Bunting, Simpson; Reps. Atkins, Lee, Outten, D. Short, Wilson
Introduced on : 01/25/2011
Long Title:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CERTAIN EMPLOYMENT AND PUBLIC BENEFITS ELIGIBILITY.
Synopsis:
As of July 1, 2012, this Act requires the State and its political subdivisions to verify employment authorization status for all new hires; requires public employers to only contract for physical performance of services within this State with contractors and subcontractors who verify employment authorization status; and requires, except for enumerated exceptions, that all state agencies and political subdivisions verify the lawful presence of those 14 years of age and older who apply for public benefits.
Current Status: Senate Judiciary Committee On 01/25/2011
Full text of Legislation: (in HTML format)
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Fiscal Notes/Fee Impact: Not Required
Actions History: Jan 25, 2011 - Assigned to Judiciary Committee in Senate
Primary Sponsor: Sen. Booth
Additional Sponsor(s): Sen. Ennis & Rep. Hudson
CoSponsors: Sens. Bonini, Bunting, Simpson; Reps. Atkins, Lee, Outten, D. Short, Wilson
Introduced on : 01/25/2011
Long Title:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CERTAIN EMPLOYMENT AND PUBLIC BENEFITS ELIGIBILITY.
Synopsis:
As of July 1, 2012, this Act requires the State and its political subdivisions to verify employment authorization status for all new hires; requires public employers to only contract for physical performance of services within this State with contractors and subcontractors who verify employment authorization status; and requires, except for enumerated exceptions, that all state agencies and political subdivisions verify the lawful presence of those 14 years of age and older who apply for public benefits.
Current Status: Senate Judiciary Committee On 01/25/2011
Full text of Legislation: (in HTML format)
Legis.html
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Legis.Doc (Microsoft Word 2007 or above required to view this document.)
Fiscal Notes/Fee Impact: Not Required
Actions History: Jan 25, 2011 - Assigned to Judiciary Committee in Senate
Senate Bill 11 - Creates a New Medicaid Entitlement
Unbelievably, many members of the majority want to create a new entitlement for those on Medicaid. Where will the money come from????
It will give comprehensive dental services to those on the lower economic tier. The job holders that will be taxed to pay for these benefits often can't afford these services themselves.
146th General Assembly
Senate Bill # 11
Primary Sponsor: Senator Hall-Long
Additional Sponsor(s): Reps. Schooley, Walker
CoSponsors: Sens. Blevins, Cloutier, Ennis, Henry, Sorenson, Reps. Barbieri, Bolden, George, Heffernan, Jaques, Q. Johnson, Keeley, Osienski, Scott
Introduced on : 01/20/2011
Long Title: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO URGENT AND PREVENTATIVE DENTAL CARE FOR PREGNANT MEDICAID RECIPIENTS AND TO PUBLIC ASSISTANCE.
Synopsis:
This Bill expands Delaware’s Public Assistance Code to provide urgent and preventive dental care for eligible Medicaid recipients who are pregnant or become pregnant while receiving assistance.
Current Status:
Senate Finance Committee On 01/20/2011
Full text of Legislation: (in HTML format)
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Fiscal Notes/Fee Impact: F/N (InComplete)
Actions History: Jan 20, 2011 - Assigned to Finance Committee in Senate
It will give comprehensive dental services to those on the lower economic tier. The job holders that will be taxed to pay for these benefits often can't afford these services themselves.
146th General Assembly
Senate Bill # 11
Primary Sponsor: Senator Hall-Long
Additional Sponsor(s): Reps. Schooley, Walker
CoSponsors: Sens. Blevins, Cloutier, Ennis, Henry, Sorenson, Reps. Barbieri, Bolden, George, Heffernan, Jaques, Q. Johnson, Keeley, Osienski, Scott
Introduced on : 01/20/2011
Long Title: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO URGENT AND PREVENTATIVE DENTAL CARE FOR PREGNANT MEDICAID RECIPIENTS AND TO PUBLIC ASSISTANCE.
Synopsis:
This Bill expands Delaware’s Public Assistance Code to provide urgent and preventive dental care for eligible Medicaid recipients who are pregnant or become pregnant while receiving assistance.
Current Status:
Senate Finance Committee On 01/20/2011
Full text of Legislation: (in HTML format)
Legis.html
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Full text of Legislation:(in MS Word format)
Legis.Doc (Microsoft Word 2007 or above required to view this document.)
Fiscal Notes/Fee Impact: F/N (InComplete)
Actions History: Jan 20, 2011 - Assigned to Finance Committee in Senate
House Bill 29 - Require Disclosure of Recycling Costs
This bill would allow consumers to know how much the new recycling bill that passed last year is costing them. Unfortunatly, it has virtually zero chance of passing because the administration fears a backlash if citizens find out the truth.
146th General Assembly
House Bill # 29
Primary Sponsor: Rep. D. Short
Additional Sponsor(s): Rep. Lavelle & Rep. Wilson & Sen. Booth
CoSponsors:
Reps. Briggs King, Hudson, Manolakos, Outten, Willis
Introduced on : 01/26/2011
Long Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TRANSPARENCY OF INFORMATION ON RECYCLING WASTE SERVICES BILLINGS.
Synopsis:
This legislation requires delineation of the cost of the collection of waste from the cost of the collection of recyclables on all single-family residential and on-premise sales customers’ bills.
Current Status: House Natural Resources Committee On 01/26/11
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Actions History: Jan 26, 2011 - Introduced and Assigned to Natural Resources Committee in House
146th General Assembly
House Bill # 29
Primary Sponsor: Rep. D. Short
Additional Sponsor(s): Rep. Lavelle & Rep. Wilson & Sen. Booth
CoSponsors:
Reps. Briggs King, Hudson, Manolakos, Outten, Willis
Introduced on : 01/26/2011
Long Title: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TRANSPARENCY OF INFORMATION ON RECYCLING WASTE SERVICES BILLINGS.
Synopsis:
This legislation requires delineation of the cost of the collection of waste from the cost of the collection of recyclables on all single-family residential and on-premise sales customers’ bills.
Current Status: House Natural Resources Committee On 01/26/11
Full text of Legislation: (in HTML format)
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Actions History: Jan 26, 2011 - Introduced and Assigned to Natural Resources Committee in House
House Bill 27 - Extremely Important!
The Renewable Energy Portfolio Standard, strengenthed last year, will cause massive increases in electrical bills as time moves on. HB 27 would mitigate much of the damage and would strongly benefit the economy long term.
146th General AssemblyHouse Bill # 27
Primary Sponsor: Rep. Scott
Additional Sponsor(s): Rep. Kowalko
CoSponsors:
Reps. Atkins, Bennett, Briggs King, Carson, Hocker, Hudson, Q. Johnson, Kenton, Lavelle, Lee, Longhurst, Mitchell, Outten, Peterman, Ramone, Schwartzkopf, B. Short, D. Short, D.E. Williams, Wilson; Sens. Bonini, Booth, Bunting, Bushweller, Ennis, Lawson, Simpson
Introduced on : 01/25/2011
Long Title: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.
Synopsis:
This Act will permit municipal electric companies and rural electric cooperatives that elect to develop and implement a program comparable to the State’s renewable energy portfolio standards (“RPS”) to utilize conservation, energy efficiency and demand-side management programs, in addition to renewable energy resources, to achieve RPS compliance. Conservation, efficiency and demand-side management programs meet or exceed many of the positive attributes associated with renewable energy resources. Such measures are non-polluting, non-invasive to the environment, cost efficient, economically sustainable and mitigate the need for new power plant construction.
Current Status: House Energy Committee On 01/25/11
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Actions History: Jan 25, 2011 - Introduced and Assigned to Energy Committee in House
146th General AssemblyHouse Bill # 27
Primary Sponsor: Rep. Scott
Additional Sponsor(s): Rep. Kowalko
CoSponsors:
Reps. Atkins, Bennett, Briggs King, Carson, Hocker, Hudson, Q. Johnson, Kenton, Lavelle, Lee, Longhurst, Mitchell, Outten, Peterman, Ramone, Schwartzkopf, B. Short, D. Short, D.E. Williams, Wilson; Sens. Bonini, Booth, Bunting, Bushweller, Ennis, Lawson, Simpson
Introduced on : 01/25/2011
Long Title: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.
Synopsis:
This Act will permit municipal electric companies and rural electric cooperatives that elect to develop and implement a program comparable to the State’s renewable energy portfolio standards (“RPS”) to utilize conservation, energy efficiency and demand-side management programs, in addition to renewable energy resources, to achieve RPS compliance. Conservation, efficiency and demand-side management programs meet or exceed many of the positive attributes associated with renewable energy resources. Such measures are non-polluting, non-invasive to the environment, cost efficient, economically sustainable and mitigate the need for new power plant construction.
Current Status: House Energy Committee On 01/25/11
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Actions History: Jan 25, 2011 - Introduced and Assigned to Energy Committee in House
House Bill 25 - State Budget Increases $100 Million
This year there is a $100 million spending increase proposed in the state budget. Last year it was $200 million. That's almost 10% in 2 years.
146th General Assembly
House Bill # 25
Primary Sponsor: Rep. Gilligan Additional Sponsor(s): Sen. DeLuca
CoSponsors: Schwartzkopf Longhurst D.P. Williams,Blevins Henry McDowell
Introduced on : 01/28/2011
Long Title: AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2012; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
Current Status: House Appropriations Committee On 01/28/2011
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Fiscal Notes/Fee Impact: Not Required
Actions History: Jan 28, 2011 - Introduced and Assigned to Appropriations Committee in House
146th General Assembly
House Bill # 25
Primary Sponsor: Rep. Gilligan Additional Sponsor(s): Sen. DeLuca
CoSponsors: Schwartzkopf Longhurst D.P. Williams,Blevins Henry McDowell
Introduced on : 01/28/2011
Long Title: AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2012; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.
Current Status: House Appropriations Committee On 01/28/2011
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Fiscal Notes/Fee Impact: Not Required
Actions History: Jan 28, 2011 - Introduced and Assigned to Appropriations Committee in House
House 16 - State Agencies Must Disclose Contractors
The state spends tens of millions on contractors. This bill would force them to reveal who those contractors are. Don't hold your breath. There is only one democratic sponsor.
146th General AssemblyHouse Bill # 16
Primary Sponsor: Rep. Hudson
Additional Sponsor(s): Sen. Booth & Sen. Peterson
CoSponsors:
Reps. Lavelle, Hocker, Blakey, Briggs King, Kenton, Lee, Manolakos, Outten, Peterman, Ramone, D. Short, Willis, Wilson; Sen. Sorenson
Introduced on : 01/19/2011
Long Title:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF CONSULTANTS AND CONTRACTORS USED BY AGENCIES.
Synopsis:
This bill requires the Section of Government Support Services in the Office of Management and Budget to publicly disclose on the internet a list of consultants and contractors and their terms of service to any State agency.
Current Status: House House Administration Committee On 01/19/11
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Fiscal Notes/Fee Impact: F/N (InComplete)
Actions History: Jan 19, 2011 - Introduced and Assigned to House Administration Committee in House
146th General AssemblyHouse Bill # 16
Primary Sponsor: Rep. Hudson
Additional Sponsor(s): Sen. Booth & Sen. Peterson
CoSponsors:
Reps. Lavelle, Hocker, Blakey, Briggs King, Kenton, Lee, Manolakos, Outten, Peterman, Ramone, D. Short, Willis, Wilson; Sen. Sorenson
Introduced on : 01/19/2011
Long Title:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF CONSULTANTS AND CONTRACTORS USED BY AGENCIES.
Synopsis:
This bill requires the Section of Government Support Services in the Office of Management and Budget to publicly disclose on the internet a list of consultants and contractors and their terms of service to any State agency.
Current Status: House House Administration Committee On 01/19/11
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Fiscal Notes/Fee Impact: F/N (InComplete)
Actions History: Jan 19, 2011 - Introduced and Assigned to House Administration Committee in House
Wednesday, January 19, 2011
House Bill 18 - Repeal the Delaware Estate Tax
This bill would repeal the Delaware estate tax that was passed in 2009. It would be good for the economy but will not likely pass because all but one sponsor is from the minority party.
146th General Assembly
House Bill # 18
Primary Sponsor: Rep. Ramone
Additional Sponsor(s): Rep. Hudson & Sen. Simpson & Sen. Katz
CoSponsors: Rep. Lavelle, Hocker, Blakey, Briggs King, Kenton, Lee, Outten, Peterman, D. Short, Willis, Wilson; Sen. Sorenson
Introduced on : 01/19/2011
Long Title: AN ACT TO AMEND TITLES 3, 12, AND 30 OF THE DELAWARE CODE RELATING TO THE ESTATE TAX.
Synopsis: This bill repeals the Delaware Estate Tax as of July 1, 2011.
Current Status: House Revenue & Finance Committee On 01/19/11
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Actions History:
Jan 19, 2011 - Introduced and Assigned to Revenue & Finance Committee in House
146th General Assembly
House Bill # 18
Primary Sponsor: Rep. Ramone
Additional Sponsor(s): Rep. Hudson & Sen. Simpson & Sen. Katz
CoSponsors: Rep. Lavelle, Hocker, Blakey, Briggs King, Kenton, Lee, Outten, Peterman, D. Short, Willis, Wilson; Sen. Sorenson
Introduced on : 01/19/2011
Long Title: AN ACT TO AMEND TITLES 3, 12, AND 30 OF THE DELAWARE CODE RELATING TO THE ESTATE TAX.
Synopsis: This bill repeals the Delaware Estate Tax as of July 1, 2011.
Current Status: House Revenue & Finance Committee On 01/19/11
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Actions History:
Jan 19, 2011 - Introduced and Assigned to Revenue & Finance Committee in House
House Bill 15 - Super Majority Required for Budget Spending Exceeding Inflation
This is an extremely positive bill for the economy long term, but without a single democratic sponsor, it probably has no chance.
146th General Assembly
House Bill # 15
Primary Sponsor: Rep. Hudson
Additional Sponsor(s): Sen. Sorenson
CoSponsors: Rep. Hocker, Blakey, Briggs King, Kenton, Lee, Manolakos, Miro, Outten, Peterman, Ramone, D. Short, Willis, Wilson; Sen. Booth
Introduced on : 01/19/2011
Long Title: AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE DELAWARE CONSTITUTION RELATING TO SPENDING INCREASES.
Synopsis: This is the first leg of a Constitutional Amendment requiring a Budget Bill that has a spending increase above the rate of inflation be approved by at least a 3/5ths vote of all members of each House.
Current Status:
House Appropriations Committee On 01/19/11
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Actions History: Jan 19, 2011 - Introduced and Assigned to Appropriations Committee in House
146th General Assembly
House Bill # 15
Primary Sponsor: Rep. Hudson
Additional Sponsor(s): Sen. Sorenson
CoSponsors: Rep. Hocker, Blakey, Briggs King, Kenton, Lee, Manolakos, Miro, Outten, Peterman, Ramone, D. Short, Willis, Wilson; Sen. Booth
Introduced on : 01/19/2011
Long Title: AN ACT PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE DELAWARE CONSTITUTION RELATING TO SPENDING INCREASES.
Synopsis: This is the first leg of a Constitutional Amendment requiring a Budget Bill that has a spending increase above the rate of inflation be approved by at least a 3/5ths vote of all members of each House.
Current Status:
House Appropriations Committee On 01/19/11
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Actions History: Jan 19, 2011 - Introduced and Assigned to Appropriations Committee in House
House Bill 9 - Restore Voting Rights to Felons
146th General Assembly
House Bill # 9
Primary Sponsor: Rep. Keeley
Additional Sponsor(s): Rep. J. Johnson & Rep. Scott & Sen. Henry
CoSponsors: Reps. Bolden, George, Kowalko, Mitchell, Mulrooney, Schooley; Sen. Venables
Introduced on : 01/18/2011
Long Title: AN ACT PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 2 OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO QUALIFICATIONS FOR VOTING.
Synopsis: This Act is the first leg of a Constitutional Amendment which eliminates the existing five-year waiting period before eligible felons who have fully discharged their sentences may have their voting rights restored. This Act shall be known as the Hazel D. Plant Voter Restoration Act.
Current Status:
House House Administration Committee On 01/18/11
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Actions History:
Jan 18, 2011 - Introduced and Assigned to House Administration Committee in House
House Bill # 9
Primary Sponsor: Rep. Keeley
Additional Sponsor(s): Rep. J. Johnson & Rep. Scott & Sen. Henry
CoSponsors: Reps. Bolden, George, Kowalko, Mitchell, Mulrooney, Schooley; Sen. Venables
Introduced on : 01/18/2011
Long Title: AN ACT PROPOSING AN AMENDMENT TO ARTICLE V, SECTION 2 OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO QUALIFICATIONS FOR VOTING.
Synopsis: This Act is the first leg of a Constitutional Amendment which eliminates the existing five-year waiting period before eligible felons who have fully discharged their sentences may have their voting rights restored. This Act shall be known as the Hazel D. Plant Voter Restoration Act.
Current Status:
House House Administration Committee On 01/18/11
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Fiscal Notes/Fee Impact: Not Required
Actions History:
Jan 18, 2011 - Introduced and Assigned to House Administration Committee in House
Wednesday, January 12, 2011
House Bill 5 - Respond to FOIA Requests in a Timely Fashion
HB 5 sets a definite time frame for government bodies to respond to Freedom of Information Act (FOIA) requests.
146th General Assembly
House Bill # 5
Primary Sponsor: Bennett
Additional Sponsor(s): Sen. Peterson & Sen. Katz
CoSponsors:
Reps. Briggs King, Carson, Hocker, Jaques, Keeley, Kenton, Lavelle, Longhurst, Mitchell, Outten, Scott, D.E. Williams
Introduced on : 01/06/2011
Long Title:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
Synopsis:
This bill enhances Delaware’s Freedom of Information Act by setting a deadline when public bodies must provide a public record to a person making a request under the Freedom of Information Act.
Current Status:
House House Administration Committee On 01/06/2011
Full text of Legislation: (in HTML format)
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+3/$file/legis.html?open
146th General Assembly
House Bill # 5
Primary Sponsor: Bennett
Additional Sponsor(s): Sen. Peterson & Sen. Katz
CoSponsors:
Reps. Briggs King, Carson, Hocker, Jaques, Keeley, Kenton, Lavelle, Longhurst, Mitchell, Outten, Scott, D.E. Williams
Introduced on : 01/06/2011
Long Title:
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
Synopsis:
This bill enhances Delaware’s Freedom of Information Act by setting a deadline when public bodies must provide a public record to a person making a request under the Freedom of Information Act.
Current Status:
House House Administration Committee On 01/06/2011
Full text of Legislation: (in HTML format)
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+3/$file/legis.html?open
Monday, January 10, 2011
House Bill 3 - Ban Transfat in Schools
Does this qualify as fiddling while Rome (the Delaware economy) burns?
HOUSE BILL NO. 3
http://www.legis.delaware.gov/LIS/LIS146.NSF/vwLegislation/2CD4EA3BFF35D9E7852577F9006102D4?Opendocument
SPONSOR:
Rep. Kowalko & Sen. Sokola
Reps. Jaques, Keeley, Longhurst, Mitchell, Ramone, Willis
HOUSE OF REPRESENTATIVES
146th GENERAL ASSEMBLY
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITING ARTIFICIAL TRANS FATS IN FOOD AVAILABLE OR SERVED TO STUDENTS IN PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS.
WHEREAS, the Governor of Delaware has identified the health and fitness of our children as a major concern for our public schools; and
WHEREAS, for the first time in over a century, children born today have an expected life span that is shorter than that of their parents; and
WHEREAS, studies have identified food additives, such as artificial trans fatty acids, commonly termed trans fats, as a major cause of coronary heart disease; and
WHEREAS, limiting a child's access to foods which contain trans fats will reduce the child's risk of contracting coronary heart disease and related health problems;
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 14 of the Delaware Code by adding thereto a new section to read:
"§ 4135. Limitation of Trans Fats in Food Available or Served to Students in Public Schools.
(a) Public schools, including charter schools, and school districts, during school hours, shall not make available to students enrolled in kindergarten through grade 12 any food containing artificial trans fatty acids, as defined in subsection (b) of this section, or use food containing artificial trans fatty acids in the preparation of food items served to such students.
(b) For purposes of this section, a food contains artificial trans fatty acid if the food is labeled as vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or if it contains more than 0.5 gram per serving of vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient.".
Section 2. This Act shall take effect 90 days after its enactment into law; however, if this Act impairs a contractual obligation, then this Act shall take effect upon the expiration or termination of such contract.
SYNOPSIS
This Bill prohibits public schools, including charter schools, and school districts from making available or serving food with more than 0.5 gram of artificial trans fatty acids to students in grades K through 12.
HOUSE BILL NO. 3
http://www.legis.delaware.gov/LIS/LIS146.NSF/vwLegislation/2CD4EA3BFF35D9E7852577F9006102D4?Opendocument
SPONSOR:
Rep. Kowalko & Sen. Sokola
Reps. Jaques, Keeley, Longhurst, Mitchell, Ramone, Willis
HOUSE OF REPRESENTATIVES
146th GENERAL ASSEMBLY
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITING ARTIFICIAL TRANS FATS IN FOOD AVAILABLE OR SERVED TO STUDENTS IN PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS.
WHEREAS, the Governor of Delaware has identified the health and fitness of our children as a major concern for our public schools; and
WHEREAS, for the first time in over a century, children born today have an expected life span that is shorter than that of their parents; and
WHEREAS, studies have identified food additives, such as artificial trans fatty acids, commonly termed trans fats, as a major cause of coronary heart disease; and
WHEREAS, limiting a child's access to foods which contain trans fats will reduce the child's risk of contracting coronary heart disease and related health problems;
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 14 of the Delaware Code by adding thereto a new section to read:
"§ 4135. Limitation of Trans Fats in Food Available or Served to Students in Public Schools.
(a) Public schools, including charter schools, and school districts, during school hours, shall not make available to students enrolled in kindergarten through grade 12 any food containing artificial trans fatty acids, as defined in subsection (b) of this section, or use food containing artificial trans fatty acids in the preparation of food items served to such students.
(b) For purposes of this section, a food contains artificial trans fatty acid if the food is labeled as vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or if it contains more than 0.5 gram per serving of vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient.".
Section 2. This Act shall take effect 90 days after its enactment into law; however, if this Act impairs a contractual obligation, then this Act shall take effect upon the expiration or termination of such contract.
SYNOPSIS
This Bill prohibits public schools, including charter schools, and school districts from making available or serving food with more than 0.5 gram of artificial trans fatty acids to students in grades K through 12.
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