AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROTECTING FEDERAL WORKERS DURING A SHUTDOWN.

This Act creates the Delaware Federal Employees Civil Relief Act which provides the temporary suspension of judicial and administrative proceedings and transactions in Delaware that may adversely affect the civil rights of Federal workers during a shutdown. This Act only applies to Federal workers who reside in Delaware. The Act permits a Federal worker who is furloughed or required to work without pay during a shutdown to apply to a court or administrative agency for a temporary stay, postponement or suspension of any payment of rent, mortgage, tax, fine, penalty, insurance premium, or other civil obligation or liability. A court or administrative agency may grant such relief if it finds that the ability of the Federal worker to pay such obligation has been materially affected by the shutdown. The length of stay may be for the period of the shutdown and 90 days thereafter. This Act also prohibits landlords from evicting a federal worker from premises that are occupied or intended to be occupied primarily as a residence. This Act also prohibits the lapse, termination or forfeiture of the health, life, disability, or motor vehicle insurance policy of a Federal worker without a court order. This Act also places limits on the interest rate that can be imposed on a Federal worker during a shutdown. Finally, this Act empowers the Attorney General to enforce the provisions of the Act and permits a court to impose a civil penalty of not more than $10,000 for violations of the Act.

AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO BOND AND CAPITAL IMPROVEMENTS ACTS OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE FISCAL YEARS ENDING JUNE 30, 2018 AND JUNE 30, 2019.

This Act amends the Fiscal Years 2018 and 2019 Bond and Capital Improvements Acts to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) allow the transfer of funds between capital projects for the Appoquinimink School District; (3) authorize a transfer of funds from the Office of Management and Budget for other listed projects; (4) revise the fund amount for the Garashes L Project and expand the use of funds for road projects at the Wilmington Riverfront Sports Project; (5) authorize funding from the Delaware Strategic Fund when interest earnings are not available for the New Castle County and Middletown Chamber of Commerce’s business incubators; (6) authorize the Delaware National Guard to use appropriated funds for the 198th Readiness Center Facilities and Georgetown Readiness Center; and (7) authorize the conveyance of property between the Appoquinimink School District and the Town of Middletown.

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This bill changes the definition of the multi-purpose sports facility to make it available to a broader range of sports facilities that may apply for a liquor license.

RELATING TO THE ELECTION OF OFFICERS OF THE HOUSE OF REPRESENTATIVES.

This Joint Resolution designates Sheri J. Knott as Bill Clerk of the House of Representatives and Dolores Michels as Assistant Bill Clerk of the House of Representative to serve at the pleasure of the House of Representatives.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO HOURS OF SCHOOL DISTRICT ELECTIONS.

House Bill No. 363, as amended by House Amendment No. 1, of the 149th General Assembly changed the time that polls open for school board and school referendum elections to 7:00 a.m from prior time of 10:00 a.m. There are several sections of Title 14 that govern the hours that polls are open for elections under Title 14 and House Bill No. 363 did not include a revision to the hours listed in § 1907 of Title 14. This Act makes the technical correction to § 1907 of Title 14 so that it is consistent with the sections of Title 14 that were revised by House Bill No 363. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

This bill eliminates all references to physical paper copies of professional licenses for professions administrated by the Division of Professional Regulation. This bill would eliminate the need for the Division to print and mail over 80,000 paper licenses every two years thus cutting down on administrative and supply costs and eliminating unnecessary paper production and waste.

AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 30 OF THE DELAWARE CODE RELATING TO DELIVERY AND SALES OF TOBACCO PRODUCTS.

This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 6 AND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION AND THE REGULATION OF MOTOR VEHICLE DEALERS AND PUBLIC UTILITIES.

This bill makes minor changes and technical corrections to the Public Service Commission’s (“PSC”) authority regarding motor vehicle assessments, cable and telephone regulation, and electric supplier reporting. PSC authority over cable and telephone public utilities has been changed by recent decisions by the Federal Communications Commission (“FCC”) and legislation enacted in Delaware. This bill changes statutory requirements for PSC regulated cable and telephone public utilities to remove requirements that are no longer consistent with FCC decisions. This bill also reduces regulatory burden on motor vehicle dealers and electric suppliers by removing unnecessary administrative requirements and reporting.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE POPULATION CONSORTIUM.

Since 1975, the Delaware Population Consortium has prepared a unified set of statewide population projections each year. These projections are used for a variety of purposes including capital planning, policy analysis, comprehensive planning, and transportation planning. All 3 counties are required by State law to utilize these projections to prepare their required comprehensive plans. However, the Delaware Population Consortium does not exist in State law. This Act formally creates the Delaware Population Consortium, identifies its membership and work products, and requires that all counties, municipalities, school districts, and State agencies use the Consortium’s projections for planning and policy purposes.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON REAL ESTATE APPRAISERS.

This Bill authorizes the Division of Professional Regulation to charge a registration fee to Appraisal Management Companies for reporting them to the National Registry.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE DOG.

This act designates rescue dogs as the official state dog.

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO CRAFT ALCOHOLIC BEVERAGES.

This bill is intended to facilitate the growth and expansion of Delaware licensed craft alcoholic beverage companies within the State by permitting them to continue to grow and expand in an increasingly competitive environment. This bill does not change the position of craft alcoholic beverage companies in the traditional “three-tier” system.

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO GENERATING SYSTEMS WITH THE NEW SOCIETY OF AUTOMOTIVE ENGINEERS ELECTRIC SAFETY STANDARD.

This Act facilitates electric vehicle and grid-integrated electric vehicle interconnection by including the Society of Automotive Engineers industrial safety standard, J3072, which sets safety requirements for electric vehicles that provide power from their batteries back to the electric grid. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 280, VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO COLLECTIVE BARGAINING FOR STATE EMPLOYEES.

This Act eliminates the set bargaining unit classifications established in 19 Del. C. § 1311A(b) and allows exclusive representatives of bargaining units to work with the Secretary of the Department of Human Resources to organize or consolidate bargaining units in a manner in which they can agree for purposes of collective bargaining. It also eliminates the requirement that exclusive bargaining representatives of exclusive bargaining units form a coalition for collective bargaining. The Act eliminates the provision allowing for an employee organization to seek to be certified for unrepresented employees. The Act provides that parties may engage in collective bargaining for compensation in conjunction with or separately from collective bargaining for terms and conditions. It requires that the negotiation of collective bargaining agreements be staggered over time while providing that collective bargaining agreements currently in place remain in place until they expire by their own terms. While the Act allows for exclusive representatives to bargain for different pay rate increases, it prohibits the compensation of bargaining units from exceeding the pay ranges for each pay grade as established each year in the appropriations act. In addition, it retains the existing scope of bargaining contained in 19 Del.C. Section 1311A(a). Finally, this Act makes technical revisions to conform with the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL AND MENTAL HEALTH COMMISSION.

This bill addresses the Behavioral and Mental Health Commission and functionally narrows its scope to peer review responsibilities. This peer review function provides independent oversight to Delaware’s mental health system without authority to force changes on the State. Much of the current broader responsibilities of the larger Commission overlap with the Governor’s Advisory Committee to DSAMH. The proposed changes do not replace or eliminate the Addiction Action Committee. This is merely to ensure that all commissions and committees have their own discrete area in which to focus.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This Act allows the Division of Motor Vehicles to issue special Bicycle Friendly Delaware license plates.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.

The Department of Transportation is already authorized to issue multi-trip permits for pole and piling semitrailers and double-bottom vehicles, also known as “twin trailers,” on a monthly basis. This Act authorizes the Department to also issue the permits on an annual basis. The existing law provides that a monthly permit must be issued for a specified period; an annual permit, in contrast, is not limited to a specified period.

AN ACT TO AMEND CHAPTER 27, VOLUME 79 AND CHAPTER 74, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO FORECLOSURE AND CONSUMER PROTECTION.

This Act extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education through December 31, 2024. The Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education were established by 3 different Acts which each sunset after 2 years, based upon the effective date of each Act. The sunset periods have been extended for additional 2 year periods so that the Office of Foreclosure Prevention and Financial Education sunsets in September 2019; § 5062C and § 5062D of Title 10 sunset in January 2020; and § 5062A of Title 10 sunset in January 2019. In addition to providing a uniform date for the expiration of the entire Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education, this Act makes the expiration date a new subsection of each statute, so that the effective period of the law is clear and easily identified.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION.

This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

This Act requires that bidders for public works contracts that are above a minimum value and required to provide the prevailing wage include approved craft training programs for journeyman and apprentice levels if the contract is not for a federal highway project. This Substitute Act differs from Senate Bill No. 48 as follows: 1. Creates a definition of "craft training". 2. Eliminates requirements that conflict with the prevailing wage requirements. 3. Increases the number of total employees that require a contractor or subcontractor to provide craft training, from 6 to 10. 4. Requires the craft training requirement to be in the final contract. 5. Requires the suspension of a contractor or subcontractor who fails to comply with the craft training requirement and prohibits a contractor or subcontractor who fails to comply with the craft training requirement from bidding on a public works project for 5 years. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A PRESCRIPTION OPIOID IMPACT FUND.

This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO NURSING.

This Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO STREET RODS.

This bill defines Street Rods to correspond with the same age requirement as used for antique motor vehicles, and would remove a fender requirement. Historically Street Rods are open-wheeled vehicles. Additionally, no equipment shall be required on a Street Rod if such equipment was not a condition of sale when the vehicle was manufactured unless such equipment is specifically required by this section.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE MEDICAL MARIJUANA ACT.

New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE CONTRACTS.

Step therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication. This Act does not apply to state or federal governmental plans.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF SUBSTANCE ABUSE AND MENTAL HEALTH.

This bill reflects in greater detail the work performed by DSAMH and ensures that DSAMH has the appropriate authority to license and oversee community mental health providers as they do with SUD facilities. DSAMH essentially already does this when they draft their contracts, so providers are already required to meet their specific standards. This bill establishes uniform standards for providers.

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.

This Bill clarifies language allowing for the direct deposit of child support owed and collected by employers from individuals under a support order from the Family Court. In addition, this Bill requires employers who have 50 or more employees to send payments to the Division of Child Support Services by electronic funds transfer and allows employers with less than 50 employees to do the same. Finally, the bill requires payments made via electronic transfer to be made before or at the time the employee is paid.

AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO TAXATION AND COLLECTION.

This bill provides changes to Section 25 of the City of Seaford Charter relating to tax assessments. The assessor will provide an alphabetical list of the assessment within 30 days of the assessment. The Tax Assessor has 45 days after the appeal hearing to make a recommendation. The Board of Revision's decision will be by certified mail to the property owner within 7 days of the meeting. It also reorganizes Chapter 27 of the City of Seaford Charter to make the process consistent with State Code and easier to follow. In addition, the changes allow the City of Seaford to collect a Lodging Tax of no more than 3 percent of the rent, in addition to the amount imposed by the State, for any room or rooms in a hotel, motel, or tourist home located within the boundaries of the City of Seaford.

AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS AND PROPERTY.

Section 1 of the Act addresses statutes under Chapter 33 of Title 12 and (i) clarifies the definition of governing instrument in section 3301(e) to include cross-references to new section 3343; (ii) adds a definition of “published fee schedule” to section 3301(h) as a cross-reference to the schedule or formula required by section 3561 to be filed periodically with the Court of Chancery; (iii) clarifies that section 3303(a) permits a trustor within a governing instrument to vary laws concerning the terms of powers of appointment over trust property; (iv) revises section 3322 regarding the appointment of agents by fiduciaries and the delegation of trust powers to provide that the standard of care applicable to a fiduciary when performing duties delegated to an agent shall apply to the fiduciary when selecting and monitoring the agent (and not to the agent), and to permit trust beneficiaries to release the fiduciary from liability for future conduct in monitoring agents—all to correct inconsistencies and conform the law to prevailing practice; (v) clarifies that under subsection 28 of section 3325 (which already permits a division of a trust for any reason), division along family lines is permitted; (vi) clarifies that under section 3338, the requirement for “holders of powers” to join in nonjudicial settlement agreements includes both those who hold powers of appointment and those who hold powers to remove or appoint fiduciaries or nonfiduciaries; (vii) clarifies that section 3341’s provisions regarding the consequences of a merger also apply in the case of trust decantings under section 3328 where a new trust is not created; (viii) clarifies section 3342 (merely by setting off an existing phrase with dashes) that modification with the trustor’s consent is permitted so long as the provisions as modified could have been included in the trust’s governing instrument if the trust were created on the date of the modification; (ix) adds a new section 3343 providing that where a governing instrument authorizes appointment of a successor trustee, multiple trustees may be appointed and fiduciary duties may be allocated among them; and (x) adds a new section 3344 providing that with respect to grantor trusts under the Internal Revenue Code, certain trustees are deemed to have discretion to reimburse a trustor (i.e., the grantor) of such a trust for that trustor’s income tax liabilities attributable to that trust—but without making the trustor a beneficiary of the trust, and not if the provisions of this section would reduce a charitable deduction available to any person for federal or state income or transfer tax purposes. Section 2 of the Act addresses statutes under Chapter 35 of Title 12 and (i) clarifies in section 3528 that after a decanting, the terms of the predecessor trust’s governing instrument are deemed to include the decanting power, in accordance with federal law requirements regarding certain charitable deductions; (ii) clarifies in section 3528 that the standard under section 3315, governing a trustee’s exercise of discretion, also applies to a trustee’s decanting authority in section 3528; (iii) clarifies subsections (c) and (c)(2) of section 3536 (subsection (c)(2) being moved within subsection (c) and expanded) that a trustor eligible for reimbursement from a trust of that trustor’s income tax liabilities attributable to the trust under section 3344 is not a beneficiary of the trust; (iv) clarifies the wording of subsections (c)(4) and (e) of section 3536 (subsection (c)(4) being created from existing wording in former subsection (c)(1) and expanded) regarding a trustor’s right to release a beneficial interest contingent on surviving the trustor’s spouse so as to accelerate the next succeeding beneficial interests; (v) clarifies section 3544 that a trustee has no duty to inquire into or confirm the validity of previous nonjudicial modifications, decantings, mergers, and the like; (vi) amends section 3545 to allow a trust instrument to be executed at a trustor’s direction (intended for situations where a trustor cannot physically sign the governing instrument, thus paralleling a similar provision that has existed for decades in Delaware’s wills statutes), and clarifies section 3545 that (as is the predominating practice) counterpart execution of trust instruments is permitted (subject to existing requirements regarding witnesses); (vii) modifies section 3547 to provide that takers in default under certain nongeneral powers of appointment cannot be virtually represented by the holders of such powers if there is a material conflict of interest—but also clarifies that those who must consent to the exercise of a power must also consent to any such virtual representation by the holder of the power; (viii) adds a cross-reference within section 3547(e) (regarding virtual representation) to section 3322 (regarding delegation); (ix) modifies section 3570 of Delaware’s Qualified Dispositions in Trust Act to allow a trustor to retain within a trust the ability to appoint and serve as a designated representative for a beneficiary under section 3339; (x) clarifies subsection (a)(2) of section 3585 to provide that the report procedure described in that subsection may be used while the trustee is in the process of resigning (and not just after completion of the act of resignation or the effective date of a resignation); and (xi) clarifies that section 3586 applies to governing instruments (which term is defined in section 3301(e)) and not just to trust instruments. Section 3 of the Act addresses statutes under Chapter 5 of Title 25 and (i) makes technical corrections to sections 501 and 504 regarding the method authorized in 2016 by which the donee of a power of appointment over trust property may avoid the application of the general default rule of section 501(a) of title 25 (which provides that interests in property created by the exercise of such a power of appointment are deemed to have been created at the time of the exercise of the power); and (ii) modifies section 505 to conform it with the Uniform Powers of Appointment Act, by allowing powerholders who have a nongeneral power of appointment the option of exercising the power in trust and creating a further nongeneral power of appointment (and not just a further general power of appointment as the existing language provides). Section 4 of the Act provides effective dates.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COPAYMENT OR COINSURANCE FOR PRESCRIPTION DRUGS.

This Act would prohibit insurers and pharmacy benefit managers from engaging in the practice of "clawbacks". When the total cost of a prescription drug to an insurer or pharmacy benefits manager is less than a patient's co-pay, the insurer or pharmacy benefits manager keeps the difference in a practice known as a "clawback". According to a March 2018 report issued by the University of Southern California's Schaeffer Center for Health Policy & Economics based on the Center’s analysis of 2013 data from a large commercial insurer combined with data on national average drug reimbursements, almost 25% of filled pharmacy prescriptions involved a patient co-payment that exceeded the average reimbursement paid by the insurer by more than $2.00. The report further noted that overpayments were more likely to occur on claims for generic drugs than brand drugs and that the total overpayments in the Center’s sample amounted to $135 million.

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE TELECOMMUNICATIONS RELAY SERVICE ADVISORY COMMITTEE.

This Act updates the membership of the Telecommunications Relay Service Advisory Committee to include the groups currently engaged in ensuring telecommunications relay services are provided to Delawareans who need relay services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to the name of the Division for the Visually Impaired.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

Benzodiazepine drugs that are approved for medical use in the United States are classified by the federal Drug Enforcement Agency as Schedule IV. Fourteen benzodiazepine drugs are currently listed on Schedule IV of the Uniform Controlled Substances Act, § 4720 of Title 16. Benzodiazepine drugs have a serious potential for abuse. This Act adds both additional benzodiazepine drugs by name and the category of benzodiazepine drugs to Schedule IV of the Uniform Controlled Substances Act so that all current and future benzodiazepine drugs are included on Schedule IV in Delaware, whether or not the specific drug is approved for medical use in the United States.

AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES.

This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 18-101 of the Act to include definitions for “document” and “electronic transmission,” and to amend the definitions of “manager” and “member.” The terms “document” and “electronic transmission” appear in new Section 18-113 among other places in the Act. The changes to the definition of “manager” confirm that the term includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company, and the changes to the definition of “member” confirm that the term includes a member of the limited liability company generally and a member associated with a series of the limited liability company. Section 2. This section amends Section 18-102(3) of the Act to provide that the name of a limited liability company must be such as to distinguish it from the name of any registered series of a limited partnership formed under the laws of the State of Delaware. Section 3. This section amends Section 18-104(d) of the Act to provide that if a limited liability company’s certificate of formation has been cancelled pursuant to Section 18-1108 of the Act, its registered agent may resign without appointing a successor registered agent. The amendment also adds requirements regarding the content and form of the certificate of resignation filed with the Delaware Secretary of State when the registered agent resigns without appointing a successor, and provides that such information regarding the communications contact that must be included in such a certificate shall not be deemed public. This section also amends Section 18-104(g) to conform with the addition of the defined term “electronic transmission” in Section 18-101. Section 4. This section adds new Section 18-113 of the Act, which establishes non-exclusive, safe harbor methods to reduce certain acts or transactions to a written or electronic document and to sign and deliver a document manually or electronically. The terminology in Section 18-113(a) is based on analogous provisions in existing Sections 18-302(d) and 18-404(d) of the Act, the Delaware Uniform Electronic Transactions Act (“UETA”), and the Model Business Corporation Act, with modifications. Section 18-113(a) permits limited liability company transactions (such as entering into agreements of merger not filed with the Secretary of State) to be documented, signed and delivered through “Docusign” and similar electronic means. The Section 18-113(a) safe harbor provisions apply solely for purposes of determining whether an act or transaction has been documented, and whether a document has been signed and delivered, in accordance with the Act and the limited liability company agreement. Section 18-113(a) does not preempt any statute of frauds or other law that might require actions be documented, or that documents be signed and delivered, in a specified manner. Section 18-113(a) clarifies how its provisions operate in connection with a transaction conducted pursuant to UETA. To the extent UETA does not apply to a transaction (under Section 12A-103 of UETA) because the transaction is governed by the Act, the parties to the transaction can satisfy the Act by complying with Section 18-113(a). Section 18-113(b) addresses certain actions and documents that are not governed by Section 18-113(a). There is no presumption that these excluded items are prohibited from being effected by electronic or other means, but Section 18-113 may not be relied on as a basis for documenting an act or transaction, or signing or delivering a document, if the exclusions set forth in Section 18-113(b) apply. Certain of these excluded items are governed by separate provisions that facilitate the use of electronic media, including documents filed with the Secretary of State (governed by Section 18-206(a)). Section 18-113(b) permits limited liability company agreement provisions that restrict the use of Section 18-113(a), but those restrictions must be expressly stated. A provision merely specifying that an act or transaction will be documented in writing, or that a document will be signed or delivered manually, will not prohibit the application of Section 18-113(a). Section 18-113(c) addresses the interaction between the provisions of the Act and the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). Section 18-113(c) evidences an intent to allow the Act to govern the documentation of actions, and the signature and delivery of documents, to the fullest extent the Act is not preempted by the E-Sign Act. Section 5. This section amends Section 18-206(b) of the Act to clarify that the certificate of formation or certificate of registered series, as applicable, shall be amended, corrected or restated upon the filing of a certificate of amendment (or judicial decree of amendment), certificate of correction, corrected certificate or restated certificate, and to confirm that a certificate of registered series is canceled upon a certificate of conversion of such registered series to protected series becoming effective. Section 6. This section amends Section 18-210 of the Act to provide that a plan of division may provide for contractual appraisal rights and that contractual appraisal rights may be made available in connection with any merger or consolidation in which a registered series is a constituent party, any division of the limited liability company, any conversion of a protected series to a registered series of the limited liability company, and any conversion of a registered series to a protected series of the limited liability company. Section 7. This section amends Section 18-215(b) of the Act to provide with respect to protected series that neither the limited liability company agreement nor the notice of the limitation on liabilities of a protected series in the certificate of formation must use the term protected when referencing series or refer to Section 18-215. Section 8. This section amends: Section 18-217(a) of the Act to add a reference to Section 18-301; Section 18-217(b) to clarify that the obligations and liabilities of the dividing company shall be allocated to and vested in, and valid and enforceable obligations of, such division company or companies to which such obligations and liabilities have been allocated pursuant to the plan of division, as provided in Section 18-217(l); Sections 18-217(f) and 18-217(l)(1) to make technical changes; Section 18-217(h) to provide that a certificate of division shall be executed on behalf of, and along with the certificate of formation for each resulting company filed by, the dividing company; and Section 18-217(l)(9) to clarify and confirm the operation of 18-217(l)(4) even though a pending action or proceeding may be continued against the surviving company as if the division did not occur. Sections 9, 11, 12, and 18. These sections amend Sections 18-218, 18-220, 18-221, and 18-1110 of the Act to make technical changes regarding certain certificates filed with respect to registered series. Section 10. This section amends Section 18-219 of the Act to make technical changes regarding certain certificates filed with respect to protected series. Section 13. This section amends Section 18-301 of the Act to add a new subsection (b)(4) that clarifies in connection with a division the mechanics for the admission of a member to a division company or to a limited liability company that is not a division company in the division. Sections 14 and 15. These sections amend Sections 18-302(d) and 18-404(d) of the Act to conform with the addition of the defined term “electronic transmission” in Section 18-101. Section 16. This section amends Section 18-1105(a)(3) of the Act to make a technical change regarding certificates of merger or consolidation filed with respect to registered series under Section 18-221 of the Act, Section 18-1105(a)(4) to provide for the fee payable where the Secretary of State provides the copies of the document to be certified, Section 18-1105(a)(5) to clarify that the fee payable thereunder is for copies that are not certified by the Secretary of State, Section 18-1105(a)(9) to provide for the fee payable for a written report of a record search, and Section 18-1105(a)(10) to provide for the fee payable for any certificate issued via the Secretary of State’s online services. Section 17. This section amends Section 18-1107(n) of the Act to clarify and confirm that a protected series or registered series of a domestic limited liability company is not liable for the debts, obligations or liabilities of such company or any other series thereof solely by reason of the neglect, refusal or failure of another series to pay an annual tax or by reason of another series ceasing to be in good standing. Section 19. This section provides that the proposed amendments to the Act shall become effective August 1, 2019.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES.

This bill allows a person who is arrested or convicted of any crime, except a violent felony, which was a direct result of being a victim of human trafficking may file an application or for a pardon or expungement or make a motion to vacate judgment. This bill also makes changes to the Human Trafficking Interagency coordinating by adding another member of the judicial branch and a representative of the Department of Education. This bill also adds locations where a public awareness sign must be placed.

AN ACT TO AMEND TITLES 16 AND 18 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INSURANCE INDIVIDUAL MARKET STABILIZATION REINSURANCE PROGRAM.

This Act creates the Delaware Health Insurance Individual Market Stabilization Reinsurance Program & Fund (the “Program”). The Program will be administered by the Delaware Health Care Commission in order to provide reinsurance to health insurance carriers that offer individual health benefit plans in Delaware. The Program will be funded with passthrough funds received from the federal government under the Affordable Care Act, funds provided by the Federal Government for reinsurance, and through a 2.75% annual assessment based on insurance carrier’s premium tax liability.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR MOTORCYCLES.

This Act authorizes the Division of Motor Vehicles (“Division”) to issue special registration plates to motorcycle clubs without having to enact a special law for each request. A motorcycle club must have 50 applications for its special registration plate before the Division is required to issue a special registration plate; however, the requirement is reduced to 25 for certain motorcycle clubs. This Act is limited to owners of a motorcycle who are members of a motorcycle club and have completed or are enrolled in, and complete, an experienced rider course. This Act assesses a 1-time, $20 fee, $10 of which must be deposited by the Division into a special account to be used by the Division only for the expenses incurred in the administration of the motorcycle rider education program.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.

This bill: (1) increases the number of directors on the Board and allows the Board to appoint four additional directors; (2) implements clarifying language; (3) sunsets the former Advisory Council to replace it with a subcommittee structure to allow greater participation from members of the public and to allow the Corporation to appoint and receive assistance and expertise from a greater variety of experts; and (4) allows the Board of Directors to amend the Certificate of Incorporation with approval from the General Assembly.

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATED TO COLLECTION OF TAX ON ALCOHOLIC BEVERAGES.

Section 1 of this Act allows those licensed as importers to pay tax upon the sale of alcoholic beverages to customers, instead of the tax being due when the alcoholic beverages come to rest in the State of Delaware. Section 2 of this Act provides that if any of the provisions are found to be unconstitutional, the remaining provisions will stand. Section 3 of this Act provides that the legislation will be effective as of July 1, 2019.

AN ACT TO AMEND TITLE 29 AND TITLE 30 OF THE DELAWARE CODE RELATING TO INTERACTIVE FANTASY CONTESTS.

This bill makes several updates to the Delaware Interactive Fantasy Contests Act initially signed into law on July 26, 2017, including the permanent removal of the July 1, 2019 sunset date from § 4860, Title 29 and § 2301, Title 30 of the Delaware Code. This bill allows authorized Delaware players to include non-Delaware collegiate athletes on their fantasy sports rosters, clarifies that employees (and certain of their family members) of fantasy sports operators/registrants may engage in non-public interactive sports contests, and allows the Director of the Division of Gaming Enforcement to issue a temporary registration to interactive fantasy sports operators, and eliminates the outdated provision for operators who were awaiting the now available registration application. Finally, this bill sets the registrants’ license fee rate at 15.5%.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRISONS AND PRISONERS.

This bill makes changes to the Adult Correction Healthcare Review Committee by adding the chairpersons of the House and Senate Correction committees as ex-officio non-voting members. This bill also places this Committee within the Criminal Justice Council so the Committee has the administrative support it needs to effectuate its purpose. This bill also tasks the Committee with advising not only the Commissioner of the Department of Correction but also the Governor and the General Assembly on matters concerning inmate health-care services in our State’s correctional institutions. This bill makes clear that certain State agencies and contractors providing medical services to inmates must provide information requested by the Committee. This Committee is not a public body, and the bill emphasizes that Committee members must abide by federal and state laws regarding the privacy of protected health information and provides penalties for violations of the privacy of such information.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATED TO SERVICE CONTRACTS AND PRODUCT WARRANTIES.

Delaware is one of only a few states that does not provide statutory or regulatory authority regarding the regulation of service contracts and warranties. In some states, these products are regulated as insurance products. In other states, the Attorney General’s office retains oversight of these products. In Delaware, the regulation of these products is governed by a letter issued by the Department of Insurance in 1993 and Domestic/Foreign Insurers Bulletin No. 5 issued in 1997. This legislation essentially codifies the existing legal practice, and makes clear these products are not regulated as insurance products thus providing the Department of Justice with the authority to address legal issues pertaining to service contracts and product warranties.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMISSION OF VETERANS’ AFFAIRS.

This legislation gives authority to the Executive Director of the Delaware Commission of Veterans’ Affairs to use the term “Delaware Office of Veterans’ Services” when carrying out the work of the Commission. This will enable the Executive Director and other staff of the Commission to conduct business under a banner that better describes their role as providers of services to Delaware veterans and their families. Applying the name “Delaware Office of Veterans’ Services” also serves to distinguish the office from the U.S. Department of Veterans Affairs and will help alleviate confusion among members of the public. This legislation also removes outdated language.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITALS.

This Act updates the definition of hospital, raises the fees associated with hospital licensing, and imposes an additional fee for plan reviews prior to construction or renovation of hospitals.

AN ACT TO AMEND TITLE 13 AND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC ACCESS TO VITAL STATISTICS RECORDS.

This Bill raises the time periods for public access to individual vital records from 72 years to 80 years after the date of birth, and from 40 years to 50 years after the date of death or marriage.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING.

This bill clarifies the options for becoming licensed as a master barber. In particular, a cosmetologist will be able to become licensed as a master barber after one year of post-licensure work experience and a 35-hour course in shaving. The reciprocity provision requires that an applicant from a state with less stringent licensure requirements than those of Delaware have work experience. The provision has been amended to require one continuous year of licensed experience obtained within the 5 years immediately preceding application. This amendment will address the ongoing challenge where applicants from neighboring states have difficulty becoming licensed in Delaware. The limitation on daily work hours has been stricken. Part-time applicants at times need to work more than 10 hours per day to meet licensure requirements. The 40 hours per week cap remains. The apprenticeship provision has been amended to permit a licensed instructor to supervise up to 5 apprentices. Revisions clarify that only temporary hair removal is within the scope of practice for cosmetologists and aestheticians. Finally, the reinstatement provision has been revised to provide that, if a licensee has not renewed his or her license within 5 years, that licensee can apply for reinstatement by taking the practical examination again.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRESCRIPTIONS.

This Bill requires Podiatrists, Dentists, Doctors, Nurses and Optometrists who issue prescriptions to utilize electronic prescriptions except under certain exceptions.