AN ACT TO AMEND TITLE 5 AND TITLE 6 OF THE DELAWARE CODE RELATING TO BANKS, OTHER FINANCIAL INSTITUTIONS, AND THE RATE OF INTEREST ON CERTAIN DEBT.

This Act amends various chapters under Title 5 to facilitate the modernization of certain practices and procedures at the Office of the State Bank Commissioner. In particular, this Act authorizes the State Bank Commissioner to require applicants for financial services licenses for mortgage loan brokers (Chapter 21), licensed lenders (Chapter 22), money transmitters (Chapter 23), check cashers (Chapter 27) and motor vehicle sales finance companies (Chapter 29) to provide fingerprints for purposes of criminal background checks. Mortgage loan originators licensed by the State Bank Commissioner pursuant to Chapter 24 already are required to provide fingerprints in connection with license applications, and many other states also require criminal background checks for other types of financial services licensees. This Act also authorizes the State Bank Commissioner to expand the Office's participation in a multi-state automated licensing system, by using that system to process license applications for money transmitters, check cashers, and motor vehicle sales finance companies. That same system is currently used for processing license applications for mortgage loan brokers, licensed lenders, and mortgage loan originators. Lastly, this Act establishes a sunset provision of July 1, 2019 for §2509E of Title 6 concerning the maximum rate of interest on debts for federal workers in response to a federal government shutdown.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE CREATING A PSYCHOLOGY INTERJURISDICTIONAL COMPACT.

This Act, the Psychology Interjurisdictional Compact (PSYPACT), is an interstate compact designed to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state boundaries. PSYPACT has become operational as at least seven states have enacted PSYPACT legislation. Through PSYPACT, licensed psychologists are able to apply for and use Association of State and Provincial Psychology Boards (ASPPB) certificates, which include the E.Passport to practice telepsychology and the Interjurisdictional Practice Certificate (IPC) to conduct temporary in-person, face-to-face practice in PSYPACT states.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PETITIONS FOR CHANGE OF NAME.

Currently, Family Court has jurisdiction over name changes for minors when considered in conjunction with establishing parentage, as well as adult name resumption related to divorce proceedings. Outside of that context, a name change must be filed in the Court of Common Pleas. This bill provides for Family Court to assume jurisdiction over all minor name change petitions, as recommended by the Jurisdiction Improvement Committee established by the Delaware Supreme Court Order of November 7, 2017. The bill exempts the name change matters in Family Court from newspaper publication requirements. Under the bill, the Court of Common Pleas retains its jurisdiction over other adult name change petitions.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIVISION OF UNEMPLOYMENT COMPENSATION.

This bill would increase the maximum weekly benefit amount that would be payable to claimants seeking unemployment compensation benefits from the Delaware Division of Unemployment Insurance from $330 a week to $400 a week. The funds necessary to pay the increased weekly benefit amounts would be paid from the Unemployment Trust Fund. This bill would also freeze the taxable wage base used by employers to determine what portion of employee’s wages are subject to unemployment insurance tax assessments, for the period July 1, 2019 to October 29, 2020, to allow the Division of Unemployment Insurance and the Unemployment Compensation Advisory Council to analyze whether to revise the taxable wage base formula into the future.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE RECOUPMENT OF OVERPAYMENT OF BENEFITS.

This Act disqualifies an individual who obtained an overpayment of benefits through fraud from receiving future unemployment benefits until the total overpayment, penalties, and interest are repaid in full. This change does not apply to fraud overpayments established by final decision before the effective date of this Act. This Act also broadens the manner in which a notice of overpayment may be delivered and removes the 5 year deadline for filing actions to collect overpayments due to the Department. This Act takes effect 60 days after its enactment into law. 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 OF THE DELAWARE CODE RELATING THE DELIVERY OF NOTICES BY THE DELAWARE DIVISION OF UNEMPLOYMENT COMPENSATION.

This Act allows the Department of Labor ("Department") to deliver notice by methods other than through mail to reduce costs by using e-mail delivery for certain notices and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 4, TITLE 10, TITLE 11, AND TITLE 16 OF THE DELAWARE CODE RELATING EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION.

In our modern society, a criminal record can limit a person’s opportunities and the quality of life they can achieve for themselves and their families for years, and even decades, after that person has completed the terms of the criminal sentence imposed. Even the existence of an arrest record with no conviction can limit job opportunities, housing, access to higher education, credit, and access to jobs that require professional licensing. The General Assembly has expanded the availability of expungement for juvenile adjudications of delinquency quite dramatically in recent years, in recognition that people can and do change and move beyond mistakes of their past. The intent of this Act is to extend that same recognition to some categories of adult records of arrest and conviction. At present, Delaware allows adults to petition to have a record expunged in only 2 circumstances: (1) for an arrest that did not lead to conviction and (2) after a pardon is granted – but for certain misdemeanor offenses only. Under this Act, a person may have a record expunged through a petition to the State Bureau of Identification (SBI) for (1) charges resolved in favor of the petitioner; (2) a record that includes violations only after the passage of 3 years; and (3) some misdemeanors after 5 years. Excluded from this SBI-only expungement process are convictions for any misdemeanor crimes of domestic violence, misdemeanor crimes where the victim is a child or a vulnerable adult, and unlawful sexual contact in the third degree. Allowing expungements for arrests without convictions and minor, isolated convictions through an application to the SBI will ease the burden on the courts and the Board of Pardons. This Act also provides that the court may grant a petition for expungement upon a showing of “manifest injustice” in the following situations: (1) 3 years have passed since the date of a single misdemeanor conviction; (2) a person has a single conviction in a felony case and 7 years have passed from the date of conviction or release from incarceration, whichever is later; (3) 7 years have passed since conviction or release from incarceration on misdemeanor domestic violence or misdemeanor conviction with child or vulnerable adult victim. A felony conviction for any of the following crimes is not eligible for expungement through this discretionary only expungement process, but may be expunged by a court following a pardon: Title 11 violent felonies; § 1136 of Title 16 (crimes against a resident of a long-term care facility; § 3913 of Title 31 (crimes against an adult who is impaired due to a physical or mental disability); and any “felony conviction involving physical or sexual assault crimes” as defined in the Beau Biden Child Protection Act. The Department of Justice will have an opportunity to state its position on the expungement petition to the court, and is empowered to seek input from any victim in the case. In all cases, the applicant for expungement must have no prior or subsequent convictions (other than traffic offenses, and underage alcohol or marijuana possession) in order to be eligible. A person is not allowed to apply for expungement under this process if an expungement has been granted within the last 10 years. Fines, fees, and restitution must be paid before an expungement may be granted; however, courts are empowered to waive outstanding fines or convert them to a civil judgement if they are unpaid for reasons other than willful noncompliance. Most Title 21 (traffic offenses), including DUI, are ineligible for expungement under this Act. However, traffic offenses (other than DUIs) will also not operate as a bar to the expungement of other charges. The Act strikes provisions in Title 10 relating to expungement of adult records in Family Court and consolidates them with the Title 11 expungement provisions. Conforming changes are made to cross-references in Title 4 and 16. This Substitute Bill differs from Senate Bill No. 37 as follows: (1) Adds Vehicular Assault in the Second Degree, Incest, Coercion, and Unlawfully Dealing with a Child to the list of crimes that can be expunged only if the individual first receives a pardon. That list previously included only Unlawful Sexual Contact in the Third Degree. (2) Makes clear that an expungement does not result in an individual’s automatic removal from the Child Protection Registry or the Adult Abuse Registry. (3) Adds certain misdemeanor property crimes to the list of misdemeanor crimes of domestic violence that may be expunged only through the discretionary expungement process. (4) Permits the State Bureau of Identification to continue to promulgate regulations and impose fees for mandatory expungements under § 4373 of Title 11. This change also makes a technical correction to conform the existing law to the standards of the Delaware Legislative Drafting Manual. (5) Gives the Department of Justice additional time to answer a petition for discretionary expungement so that the Department has sufficient time to contact the victim of the crime. (6) Permits the victim of the crime to provide a written statement to the court when a defendant seeks a discretionary expungement and to testify at a hearing if one is held. (7) Requires, as part of the Victims’ Bill of Rights, that the Department of Justice to provide notice to the victim that the defendant is seeking a discretionary expungement; that the victim may provide a statement or testify, if a hearing is held; of the date, time, and place of any hearing; and of the court’s decision on the expungement petition. (8) Makes the following crimes not eligible for discretionary expungement following a pardon: Manslaughter, Murder in the Second Degree, Murder in the First Degree, Rape in the Second Degree, Rape in the First Degree, and Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree. (9) Includes references to the First Offender Domestic Violence Diversion Program, under § 1024 of Title 10, so that expunged records related to this program may be accessed by criminal justice agencies to determine if an individual is eligible for the program. (10) Permits law-enforcement to access expunged records in any criminal investigation, not just a felony investigation. (11) Permits criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of Title 11 to access expunged records. (12) Makes clear that an expungement does not require the destruction of DNA taken under § 4713 of Title 29. (13) Allows the use of an expunged record in sentencing for a subsequent offense or on application for a pardon of a subsequent offense. (14) Makes clear that it is the State Bureau of Identification’s responsibility to inform federal law-enforcement of an order of expungement. (15) Makes clear that the 10 year waiting period for a subsequent expungement does not apply to an individual who is seeking a mandatory expungement because the case was terminated in the individual’s favor. (16) Removes language that would preclude an individual from obtaining an expungement if the individual has a prior or subsequent driving under the influence offense. (17) Makes an additional conforming change to remove § 1027 of Title 10, which is obsolete based on the change to § 1025 of Title 10. (18) Makes technical corrections, including to correct an internal reference and add an existing section heading to the Act for clarity. Finally, this Act is to be known as the Adult Expungement Reform Act and implementation of the Act is delayed for 180 days to allow State agencies to prepare necessary procedures and forms.

AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO EARLY VOTING.

This Act establishes in-person early voting in Delaware beginning January 1, 2022. Registered voters will be allowed to vote in-person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before the election at locations determined by the State Election Commissioner. This Act also charges the State Election Commissioner with determining whether such voting should occur by voting machine or paper ballot. All other procedures relating to conducting voting are the same as for general election voting. Further, this Act requires that for statewide elections there must be at least 1 in-person polling place in each county, and an additional location in the City of Wilmington.

A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2020; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2020 Bond and Capital Improvements Act.

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF GUARDIANS AND THE OFFICE OF THE PUBLIC GUARDIAN.

This Act allows the Public Guardian to act as a representative payee for Social Security benefits or as a VA fiduciary for Department of Veterans Affairs benefits. This Act also allows the Court to appoint a guardian with limited powers, to act as guardian for specific areas of decision-making or for a specific term. By making these changes, this Act will allow the Public Guardian to serve in a more limited role where appropriate, and assist more Delawareans who need short-term assistance, such as to qualify for Medicaid in order to arrange for long-term care or to handle routine financial matters but not make decisions about the care of the person. The ability to serve in a more limited role will increase the Public Guardian's capacity to assist people while the Non-Acute Patient Medical Guardianship Task Force studies options and develops recommendations to improve non-acute patient transitions from acute care settings to more appropriate locations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. House Substitute No. 1 for House Bill No. 123 differs from House Bill No. 117 by clarifying that limited guardianships can be ordered for specific purposes, the process for terminating a limited guardianship, and that the Public Guardian serves as a representative payee or VA Fiduciary of last resort.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE FAMILY COURT ADJUDICATED DRUG COURT PROGRAM.

This Act is a recommendation following the comprehensive analysis of the Family Court Adjudicated Drug Court Program conducted by Family Court, the Department of Services for Children, Youth and their Families, the Department of Justice, and the Office of Defense Services. Repeal of the Family Court Adjudicated Drug Court Program is also supported by the Government Efficiency and Accountability Review Board as noted in its 2018 Annual Report. After a comprehensive analysis of the program, it was determined that the Division of Youth Rehabilitative Services (YRS) had implemented practices, including the use of an assessment tool, that are identifying and then effectively and efficiently addressing the needs of justice involved youth with substance use disorders. The review found that YRS’ active case management practices allowed YRS to be responsive to each child’s service needs and to involve the Court as necessary. Recent juvenile justice reforms, including civil citation, are also keeping many youth from entering the justice system while simultaneously ensuring that any identified substance use disorders are addressed. Given the high level of individualized treatment services and case management youth are currently receiving inside and outside the juvenile justice system, repeal of the program was recommended.

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

This bill updates the real estate appraisers’ practice act to comply with federal law by clarifying the definition of federally-related transaction and adding a definition for federal financial institutions regulatory agencies. Changes to these definitions would render Delaware’s definitions consistent with federal law. Section two of the bill changes the renewal for appraisal management companies (AMC) from every two years to annually to facilitate the renewal procedure for the Division of Professional Regulation. Section three of the bill eliminates the current allowance in Delaware for a revoked or suspended real estate appraiser to have an ownership interest in an AMC, and section four disallows AMCs from removing an appraiser from its appraiser panel without prior notice. Delaware’s law currently allows AMCs to do so if the appraiser was only added to the panel in the previous 60 days. Federal law does not have any such allowance.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.

This Act creates a Deputy Secretary position within the Department of Services for Children, Youth, and Their Families (“Department”) and exempts the position from the Merit System under Chapter 59 of Title 29. The Secretary of the Department may establish the powers, duties, and functions of the Deputy Secretary. This Act removes the limit on qualified persons the Secretary of the Department may appoint as special investigators for the Department. Lastly, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS.

This bill streamlines the process by which the Department may incorporate into its regulations tidal finfish management measures that have been adopted and specified in a regional or federal fisheries management plan or rule. This bill also eliminates procedures for the promulgation of tidal finfish regulations that the Delaware Administrative Procedures Act has rendered obsolete.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING DEFAULT BEVERAGES IN CHILDRENS’ MEALS IN RESTAURANTS.

This bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.

This Act amends the municipal Charter of the City of Newark to permit the City of Newark to provide sanitary sewer service to properties outside of the Newark corporate limits without annexing these properties. Under this Act, sewer services may be provided to properties outside of the Newark corporate limits at the request of the property owner and if approved by New Castle County and the City of Newark. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.

This Act adds one more member, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council, to the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Act also updates language regarding victims of domestic violence to include survivors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates PBMs. Specifically, this Act does the following: (1) Requires PBMs to register with the Insurance Commissioner. (2) Permits the Insurance Commissioner to issue cease and desist orders based on fraudulent acts or violations of Chapter 33A of Title 18 committed by PBMs. (3) Requires PBMs to maintain certain records. (4) Permits the Insurance Commissioner to examine the affairs of PBMs. (5) Grants the Insurance Commissioner the authority to enforce Chapter 33A of Title 18 by imposing fines, requiring PBMs to take affirmative actions, and suspending, denying, or revoking a PBM’s registration. In addition, this Act updates existing law regarding maximum allowable cost lists and establishes a more transparent appeals process for a pharmacy to rely on if a PBM does not reimburse the pharmacy the amount owed under their contract or the maximum allowable cost list. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL TAX.

This Act does all of the following: (1) Imposes a 5 cent per gallon tax on certain aviation jet fuel. (2) Provides the procedures for collecting the tax. These procedures are the same as the procedures under Subchapter II of Chapter 51 of Title 30; however, this Act makes technical corrections to those procedures to conform the law to the standards of the Delaware Legislative Drafting Manual. (3) Gives the Department of Transportation ("Department") authority to establish regulations and otherwise enforce the collection of the new tax. (4) Requires the Department to deposit the proceeds of the tax into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department's responsibilities concerning aviation in this State. This Act takes effect on July 1, 2019.

AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.

This Act amends the municipal Charter of the City of Newark as follows: 1. Eliminates the ability of artificial entities to vote in elections to borrow money. 2. Limits voters who are eligible to vote both as a qualified voter and as an owner of property to only 1 vote in an election to borrow money. 3. Shortens the time for the owner of real estate to redeem property assessments from 1 year to 6 months. 4. Updates outdated provisions regarding telegraph poles, qualifications for city manager, election procedures, and the Delaware Freedom of Information Act. 5. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including making provisions contained in this Act gender neutral.

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON RELATING TO CONTRACTS AND ENUMERATION OF POWERS.

Section 1 of this bill amends the Charter of the Town of Milton relating to purchasing contracts. Specifically, the bill: raises the monetary thresholds to be more in line with the State of Delaware, Material and Non-Professional Service Purchase Thresholds, known as policy 5.3.1; clarifies that the Town need not competitively bid again if the results were unreasonable or not independently reached; and adds a new exclusion for purchases made pursuant to the State of Delaware procurement process or from a vendor on the General Services Administration Federal Supply Schedule. Section 2 of the bill clarifies that the Town may levy and collect property taxes on an annual and on a quarterly supplemental basis.

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

This bill makes three changes to health insurers and their relationships to providers. First, it limits the number of records that can be requested by a payer from a provider for post claim adjudication audits within a specific period of time. Second, it establishes a minimum filling standard for claims to be made. And third, it details requirements for electronic medical claim submissions and payment remittance. The goal is to reduce the overall cost to collect and make the process of claims, payments, and post claim adjudication audits more efficient especially as more insurers require electronic claims.

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.

This Act allows the Department of Agriculture to establish fees that may be charged for participation in the Delaware Hemp program.

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.

The purpose of the Bill is to change the requirement in the seed law for germination testing from 14 months to 9 months prior to sale.

AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO PILOTAGE RATES.

This Bill establishes the pilotage rates for the Pilots’ Association for the Bay and River Delaware for 2020, 2021 and 2022.

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

The opioid epidemic spreading through Delaware has reached critical levels, with 210 fentanyl-related deaths in 2017. This legislation will update the schedule for Fentanyl analogues, consistent with language used by the Drug Enforcement Administration (DEA). The Forensic Chemistry Unit at the Division of Forensic Science has confirmed the presence of these analogues in Delaware, but some of which are not currently scheduled under Title 16. This is directly related to continuous structural modifications of Fentanyl by illicit manufacturers. This legislation will close that gap and provide clarity to Title 16, consistent with federal law, by addressing ever-changing structural modifications being made in the illicit manufacture of Fentanyl. This legislative is aimed to curb the manufacture and distribution of illicit Fentanyl analogues and has no impact on the legal manufacture of Fentanyl for medical use.

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

This Act permits a horse racetrack to make and sell beer on the horse racetrack premises for consumption on or off the licensed premises. This Act also makes technical corrections to existing law.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

This Act changes the penalty for an employer’s failure to file a report required by the Division of Unemployment Insurance from $17.25 to 15% of the total contributions paid or payable by the employer, unless 15% of the total contributions is less than $100 or more than $450. If 15% of the total contributions is less than $100, the penalty is $100. If 15% of the total contributions is more than $450, the penalty is $450. These reports are used to calculate the unemployment tax assessments due from employers. The tax assessments fund Delaware’s Unemployment Trust Fund. The amount of this penalty has not been adjusted for inflation in over 25 years.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.

This Act makes updates to the Joint Legislative Oversight and Sunset Act (“JLOSC Act”) to meet modern-day needs and practices. First, this Act defines “highest administrative officer” to clarify that the executive branch, cabinet-level officer of an entity under review must be present at public hearings under the JLOSC Act. Other states have an equal mix of requiring the presence of the cabinet-level official, requiring the presence of the division-level leader, or not clarifying which of the 2 positions must be present. This Act contemplates circumstances under which a person other than the cabinet-level officer may be more appropriate to appear at JLOSC hearings, and therefore authorizes the officer, with the JLOSC Chair’s approval, to appoint a designee to meet the officer’s obligations, or the JLOSC Committee to designate a person other than the officer. This Act also makes changes to specific deadlines that are out-of-step with JLOSC’s practices and needs. In doing so, this Act also clarifies language regarding JLOSC staffs’ duties and requirements for the JLOSC’s draft report. Finally, this Act makes technical changes 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 THE BOARD OF SOCIAL WORK EXAMINERS.

This Act corrects a technical error in House Bill No. 311 of the 149th General Assembly. HB 311 was intended to allow the grandfathering of licenses under Chapter 39, Title 24 to occur up to 2 years after HB 311 was enacted. In fact, however, HB 311's effective date allowed for only 1 year. Under this Act, the grandfathering period will be for the intended period of 2 years.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Advisory Council to the Division of Developmental Disabilities Services was identified as needing updates to change terms to “up to” 3 years, remove political party balance, and make it easier to fill vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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

This Act revises the membership of the Fund Committee for special animal welfare license plates by including the Executive Directors of organizations instead of the presidents of the organization’s board of directors and adds the Executive Director of the Brandywine Valley SPCA to the Fund Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT.

This Act updates the Delaware Life and Health Insurance Guaranty Association Act (Delaware Act) to conform Delaware law to revisions made to the National Association of Insurance Commissioners’ (NAIC) Life and Health Insurance Guaranty Association Model Act (Model Act). The Model Act provides a framework for protecting policy or contract owners, insureds, beneficiaries, annuitants, payees, and assignees against losses due to the insolvency or impairment of an insurer. This Act revises the methodology for assessments relating to long-term care insurance written by an impaired or insolvent insurer and includes managed care organizations and health maintenance organizations within the scope of the Delaware Act to more fairly distribute the cost of long-term care insurance insolvencies among insurers writing life, health, annuity, managed care organization, and health maintenance organization products and to ensure sufficient assessment capacity for all insolvencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL PROCEDURES TO RELINQUISH FIREARMS OR AMMUNITION.

This bill changes the standard of proof necessary to issue a civil gun relinquishment order from the Justice of the Peace Court. The preponderance of the evidence standard is the standard traditionally used in civil matters and is, therefore, appropriate here. This also makes the standard consistent with that required for a Lethal Violence Protective Order, which is highly similar in nature.

AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN STATE OF DELAWARE OWNED REAL PROPERTY IN KENT COUNTY TO THE TOWN OF SMYRNA.

This Act authorizes the Department of Health and Social Services to transfer to the Town of Smyrna excess land around the Delaware Hospital for the Chronically Ill, which borders on Lake Como, for $1.00. The land shall be used to expand the size of the park around Lake Como.

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO WIRELESS COMMUNICATION LEASES FOR NEW CASTLE COUNTY PARK AREAS AND OPEN SPACE.

This Act will expand New Castle County’s limited authority to lease park land or land held in public trust to include leases for erecting, maintaining and operating wireless communications facilities. State law currently limits public land leases to those for recreational purposes and related activities. At common law, the State legislature must approve transfers or changes in the use of park land; however, this function may be delegated to municipalities through legislative action. This Act is intended to abrogate the restrictions on permitted uses for public parks, held in a public trust as provided in the common law, including the restrictions set forth in Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977), and to amend state law to permit specifically a wireless communications lease on such land as minimally intrusive and with the approval of County Council.

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES.

The Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County. This Substitute places the lodging tax imposed by the Act in the same Delaware Code provision where the New Castle County lodging tax is placed and where the Sussex County lodging tax is proposed to be placed by House Bill No. 228 (150th General Assembly). This change in placement also results in excluding rentals by the Department of Natural Resources and Environmental Control from the lodging tax established by § 8112 of Title 9. This change also does the following: (1) Makes clear that the lodging tax power under § 8112(a) of Title 9 refers to New Castle County. (2) Makes technical corrections to the language of the Act, and existing law, to conform it to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

This Act expands the collection procedures available to the Division of Unemployment Insurance to more closely match the collection procedures currently available to the Division of Revenue providing the Division of Unemployment Insurance with streamlined procedures to allow it to more quickly and easily execute on judgments for unpaid unemployment insurance tax assessments. These procedures include obtaining warrants for the levy and sale of property; extending liens; garnishments of wages, bank accounts, and other property; and denying or suspending professional licenses of judgment debtors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from Senate Bill No. 128 as follows: 1. Provides authority for appeals tribunals to hear protests under § 3368 of Title 19 and hearings under § 3369 of Title 19. 2. Aligns the length of a lien of a judgment under Chapter 33 of Title 19 with the length of a lien of judgment obtained by the Division of Revenue. 3. Removes debts owed due to overpayments from garnishment. 4. Makes clarifications and technical corrections.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMUNITY TRANSPORTATION FUND.

This Act requires the Secretary of the Department of Transportation to publish the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund.

AN ACT TO AMEND THE CHARTER OF THE MUNICIPAL SERVICE COMMISSION OF THE CITY OF NEW CASTLE.

This Act makes a technical correction to the charter of the New Castle City Municipal Services Commission. This changed language was passed in HB 344 of the 148th General Assembly, but, for technical reasons, it was not reflected in the Charter.

AN ACT TO AMEND THE LAWS OF DELAWARE AND TITLE 4, TITLE 6, TITLE 10, TITLE 11, TITLE 15, TITLE 16, TITLE 19, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.

In January 2019, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2018 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a three-quarters vote, erring on the side of caution if any of the sections of the Delaware Code being revised require a super-majority vote. Section 1. This Section corrects a typographical error created in § 512 of Title 4 when House Bill No. 284 was passed after House Bill No. 158 in the 149th General Assembly and House Bill No. 284 did not incorporate the revisions made to § 512 by House Bill No. 158. Sections 2 through 4. These Sections correct errors created by House Bill No. 125 of the 150th General Assembly changing the limit on the number of barrels to 6 million instead of the reference to the Code of Federal Regulations in 5 sections of the Delaware Code. The Code of Regulations limit includes a time period of a calendar year on the number of barrels and that time period was included in 2 of the 5 sections where this was changed. These sections add “in a calendar year” after the number of barrels in the other 3 sections and corrects the spelling for “million” in 1 section. Sections 5 through 6. These Sections replace a reference to § 2728 of Title 18 with a reference to § 4915 of Title 10. The synopsis to Senate Bill No. 195 of the 149th General Assembly explains that SB 195 repealed § 2728 of Title 18 because that section has been superseded by § 4915 of Title 10. Section 7. House Substitute No. 1 to House Bill No. 222 of the 149th General Assembly created lethal violence protective orders. This Section removes the word “emergency” from § 7704 of Title 10 because an order is entered after a nonemergency petition is filed and a hearing is held under § 7704 of Title 10. Section 8. Senate Bill No. 150 of the 149th General Assembly revised the Delaware Police Accreditation Commission. This Section replaces an incomplete sentence with standard organizational language regarding the ability of members to appoint a designee and makes other technical corrections. Section 9. During discussions of Senate Bill No. 10 in the 150th General Assembly, outdated language describing disqualifying felonies for eligibility to vote was identified. This Section corrects the inconsistent language by referencing Chapter 61 of Title 15, which was enacted by the 140th General Assembly and establishes when persons with felony convictions are permitted to vote. This Section also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 10. This Section revises § 4944 of Title 15 to correctly identify the State Election Commissioner as the custodian of the names of electors and the spelling of Vice President, errors discovered while drafting legislation for the 150th General Assembly. Sections 11 through 16. These Sections correct the incorrect spelling of Vice President identified while drafting legislation for the 150th General Assembly. Section 17. House Bill No. 248 of the 149th General Assembly did not properly include the existing language in the Delaware Code. This Section revises § 122(3)p.2.B.VI. of Title 16 by including the language intended by House Bill No. 248 and repealing the existing provisions. Section 18. House Bill No. 431 of the 149th General Assembly, as amended, requires nursing and assisted living facilities to offer onsite influenza vaccinations to all employees every year. The Code Revisors interpreted the phrase “of the following year” to mean only 2019, the calendar year after enactment of the Act. This Section revises § 1144 of Title 16 so that it is clear that the vaccinations must be provided every calendar year. Section 19. House Bill No. 409 of the 149th General Assembly, as amended, included the phrase “any of the above” in the first sentence of § 1904 of Title 19. This Section revises this sentence to clarify that it refers to the events earlier in the sentence. Sections 20 through 21. House Bill No. 311 intended to create a 2 year grandfathering of licenses after enactment but the effective date allowed for only 1 year. This Section establishes a 2 year grandfathering period. Section 22. After House Bill No. 46 was passed during the 150th General Assembly, questions arose regarding how to interpret the new provisions. This Section makes revisions to provide clarity. Section 23. This Section repeals § 704(c) of Title 29 because the provisions in § 704(c) are repeated with more detail in § 7331 of Title 15, an error discovered while drafting legislation for the 150th General Assembly. Section 24. Senate Bill No. 227 contains a delayed effective date and a sunset provision. This Section changes the sunset provision so it is 3 years after the effective date instead of 3 years after enactment. Section 25. This Section makes Section 22 of this Act effective the day after House Bill No. 46 is enacted.

AN ACT TO AMEND TITLE 14 RELATING TO ELIGIBILITY FOR SEED GRANTS.

Currently, the SEED program allows students a maximum of 6 semesters to complete an Associate Degree. This Bill allows SEED eligible students who complete their Associate Degree in fewer than 6 semesters to apply the remaining semesters of the grant toward a Bachelor’s Degree at either the University of Delaware or Delaware Technical and Community College.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DELAWARE TECHNICAL AND COMMUNITY COLLEGE.

This Bill is a housekeeping measure to correct the name of the Delaware Technical and Community College as was intended in earlier legislation.

AN ACT TO TRANSFER LAND BETWEEN THE TOWN OF SMYRNA AND THE STATE OF DELAWARE.

This Act allows for the transfer of a particular parcel of land in Smyrna along Route 13. In the 147th General Assembly, the State was allowed to transfer this parcel of land, where a fire tower once stood, to the Town of Smyrna, but the land could only ever be used for a public purpose. The parcel in question is surrounded on both sides by parcels owned by the same private citizen. The Town and the private citizen wish to exchange their respective parcels so that the private citizen’s two parcels are thereafter contiguous. Because the land reverts to the ownership of the State if it ever stops being used for a public purpose, the Town cannot deed the land to the private individual. Therefore, this Act allows the State to receive the parcel from the Town and to then re-convey it to the Town without the requirement that it be forever used for a public purpose. The reconveyance will, however, allow the State to put an antenna on any water tower that the Town may build on the parcel or an adjacent parcel.

AN ACT TO AMEND THE CHARTER OF MILLVILLE RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of Millville to give the Town Council the authority to impose and collect a lodging tax.

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

This Act prohibits a new adult entertainment establishment or adult-oriented retail establishment from operating in a building in which an adult entertainment establishment or adult-oriented retail establishment previously operated. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.

This Act creates the Redding Consortium for Educational Equity ("Consortium"), which replaces the Wilmington Education Improvement Commission ("WEIC"). The Consortium has multiple purposes. First, it will recommend policies and practices to the Governor, General Assembly, and Secretary of Education regarding educational equity and educational outcomes in the City of Wilmington and northern New Castle County. Second, the Consortium will monitor educational progress and outcomes for students in the City of Wilmington and for all low-income, English learners and at-risk students in northern New Castle County and report on the same. Third, the Consortium will make recommendations to the Governor and the General Assembly regarding improvement in public education in the City of Wilmington and northern New Castle County. Fourth, it will evaluate the need for additional or alternative educational facilities in the City of Wilmington. Fifth, it will develop policy proposals to be introduced through legislation to improve teaching and learning in district and charter schools in the City of Wilmington and northern New Castle County. Sixth, it will develop a proposal for redistricting in the City of Wilmington and northern New Castle County. Seventh, it will research the viability of the New Castle County Tax District and Tax Pool. The Act specifies who will be appointed to the Consortium and how it will be staffed. Its first meeting must occur on or before September 1, 2019.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.

This Act allows the Department of Safety and Homeland Security to share accident reports and the data in the reports with the Department of Transportation. This Act also allows the Department of Transportation to provide certain de-identified data from accident reports to limited requestors. 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 RELATING TO THE UNLAWFUL POSSESSION, DISTRIBUTION, DELIVERY, OR SALE OF DRUG MASKING PRODUCTS.

This Act creates the crimes of unlawful possession of a drug masking product, punishable as a class A misdemeanor, and unlawful distribution, delivery, or sale of a drug masking product, punishable as a class E felony. Drug masking products are designed to be added to human urine or human hair to defraud alcohol or drug urine screening tests.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARCHITECTURAL ACCESSIBILITY BOARD.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Architectural Accessibility Board was identified as needing updates to make it easier to fill vacancies and generally update language to modern legislative drafting standards. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.