| 6/15/2021 |
HB 77
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF HARMFUL FLAME RETARDANTS. This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act does not apply to any of the following:
1. The sale of used products.
2. Furniture purchased for public use in public facilities
3. Thread or fiber used for stitching mattress components.
4. Children’s products that are not primarily intended for use in the home.
5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state.
6. Electronic components.
This Act takes effect on July 1, 2021.
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| 6/11/2021 |
SS 1 for SB 65
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AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FOCUS ON ALTERNATIVE SKILLS TRAINING PROGRAM. Senate Bill No. 65 establishes the Focus on Alternative Skills Training Program ("FAST"). FAST will provide tuition assistance, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the FAST program.
Senate Substitute No. 1 for Senate Bill No. 65 differs from Senate Bill No. 65 as follows:
1. Extends eligibility from 18 to 24 months after an individual graduates from high school.
2. Increases the maximum amount of assistance that an individual may receive from $9,000 to $10,000.
3. Allows tuition payments for up to 12 months instead of 6 months.
4. Requires FAST to be implemented within
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| 6/11/2021 |
HB 205
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AN ACT TO AMEND TITLES 19 AND 29 OF THE DELAWARE CODE RELATING TO ESTABLISHMENT AND MANAGEMENT OF THE EXPANDING ACCESS FOR RETIREMENT AND NECESSARY SAVING PROGRAM. This Act establishes the Delaware Expanding Access for Retirement and Necessary Saving (“EARNS”) program to serve as a vehicle through which eligible employees may, on a voluntary basis, provide for additional retirement security through a State-facilitated retirement savings program in a convenient, cost effective, and portable manner. The EARNS program will be designed to serve small businesses who are unable to offer retirement plans to employees due to the cost and administrative burden.
Because there are documented wealth gaps in Delaware, disproportionately impacting women and people of color, a state-facilitated savings plan aims to alleviate barriers small employers face in offering options, close the wealth gap among low to modest wage earners and keep Delaware competitive with neighboring states by attracting tal
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| 6/11/2021 |
SS 1 for SB 93
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATED TO CONSUMER CONTRACTS. This Act provides protections for consumers in connection with contracts with automatic renewal provisions. Multiple states have enacted laws regulating the automatic renewals of contracts, often described as "evergreen" clauses. These state laws are aimed at protecting consumers from unknowingly entering into these types of agreements by requiring that evergreen clauses be presented in a clear and conspicuous manner and that sellers of such contracts provide notice to consumers about an upcoming renewal.
This Act also requires sellers of such contracts to provide consumers with a means to cancel the contract that is at least as easy to use as the means available to sign up for the contract.
It also updates the language of the enforcement provision in Subchapter IV, Chapter 27 of Title 6 of the Delaware Code.
This Act is a substitute for and differs from Senate Bill No. 93 by extending the length of covered
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| 6/11/2021 |
SB 93
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATED TO CONSUMER CONTRACTS. This bill provides protections for consumers in connection with contracts with automatic renewal provisions. Multiple states have enacted laws regulating the automatic renewals of contracts, often described as "evergreen" clauses. These state laws are aimed at protecting consumers from unknowingly entering into these types of agreements by requiring that evergreen clauses be presented in a clear and conspicuous manner and that sellers of such contracts provide a written notice to consumers about an upcoming renewal.
This bill also requires sellers of such contracts to provide consumers with a means to cancel the contract that is at least as easy to use as the means available to sign up for the contract.
This bill also updates the language of the enforcement provision in Subchapter IV, Chapter 27 of Title 6 of the Delaware Code.
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| 6/11/2021 |
SB 1
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AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. This Act, the Healthy Delaware Families Act, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks of paid family and medical leave through the State's paid leave trust fund for a qualifying event, including for the following:
(1) To address a worker's own serious health condition
(2) To care for a family member with a serious health condition.
(3) To bond with a new child.
(4) To handle safety matters for victims of domestic violence.
(5) To address the impact of a family member's military deployment.
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| 3/3/2021 |
SS 1 for SB 59
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE. This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.
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| 3/3/2021 |
SB 59
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE. This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution.
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| 3/3/2021 |
HB 91
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROHIBITED TRADE PRACTICES. This Act amends Delaware’s Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code), to give Delaware consumers and businesses the protection against unfair acts or practices in commerce that the General Assembly intended to give them when it enacted the Consumer Fraud Act.
When the General Assembly enacted the Consumer Fraud Act in 1965, it stated, in what is now § 2512 of Title 6 of the Code, that the purpose of the Consumer Fraud Act is “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State,” and that “[i]t is the intent of the General Assembly that such practices be swiftly stopped.” However, § 2513(a) of the Consumer Fraud Act, as enacted, prohibits only deceptive practices, and does not protect consumers and businesses from unfair practices as the General As
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| 1/14/2021 |
SB 33
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AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS. This Act modifies the Renewable Energy Portfolio Standards Act to do the following:
(1) Continues increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035.
(2) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
(3) Eliminates “cost-cap” mechanism for freezing the RPS and replaces it with a market-based mechanism.
(4) Clarifies the rulemaking authority for this Act.
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| 1/14/2021 |
HB 200
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AN ACT TO AMEND THE DELAWARE CODE RELATING TO CLEAN WATER FOR DELAWARE. Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework.
The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Comm
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| 1/14/2021 |
HB 46
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AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. Currently the Delaware Code does not permit alcoholic beverage license holders to brew hard seltzers or other non-malt based products that they are otherwise allowed to brew as a result of obtaining a Federal Brewer’s Notice. This Act permits Delaware brewery-pub and microbrewery license holders to brew, bottle and sell hard seltzers and other fermented beverages made from malt substitutes and includes specific tax on fermented beverages. The language of the Act also mirrors the federal definition of a malt-substitute product.
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| 1/14/2021 |
HB 1
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AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. Food and drink establishments suffered great losses since March, 2020 due to the pandemic including millions of dollars in lost sales and the loss of an tens of thousands of jobs in this State. This Act extends the provisions contained in HB 349 from the 150th General Assembly until March 31, 2022 with the goal of continuing the efforts to try and mitigate the losses this industry has suffered.
This bill extends the following provisions in HB 349: (1) Allowing an entity that has a valid on-premise license to sell alcohol to continue to alcoholic beverages as part of transactions for take-out, curbside, or drive-through food service so long as certain conditions are met; (2) Allowing a licensee to continue to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions; (3) Allowing the Commissioner to temporarily suspend a license only if the Commissioner has reas
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