AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF THE PUBLIC ADVOCATE.

This Act clarifies that the Public Advocate may appear before any federal or State court or federal or State administrative body in matters involving public utility rates, services, and practices of public utilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Senate Substitute No. 1 for Senate Bill No. 14 differs from Senate Bill No. 14 by allowing the Public Advocate to provide public comment before only State regulatory agencies and commissions and simplifying the language regarding the hiring of attorneys, as needed.

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL.

This Act makes the possession or consumption of alcohol by an individual under 21 years of age a civil offense. This Act also prohibits including information concerning a civil violation of the underage possession or consumption law on an individual’s certified criminal record.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.

This Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE EMPLOYMENT OF ENFORCEMENT PERSONNEL TO ENFORCE THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL'S DIVISION OF PARKS AND RECREATION'S RULES AND REGULATIONS.

This Act enables the Department of Natural Resources and Environmental Control to employ Seasonal Patrol Officers without conferring on the seasonal patrol officers all the powers of investigation, detention, and arrest conferred by law on peace officers or constables under § 4701(a)(8) of Title 7. Seasonal patrol officers will assist the Department's park rangers and have limited powers to enforce the Division of Parks and Recreation's rules and regulations. This Act 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 TOWN OF MILLSBORO RELATING TO CONTRACTS.

The Town Council for the Town of Millsboro determined that the way they award contracts should be improved. The amount that initiates the process is increased from $20,000 to $50,000 to better reflect the current cost of ordinary purchases that the Town must make. This Act also allows the Town of Millsboro to have the ability to award a contract to a bidder other than the lowest bidder while also laying out the factors that the Town Council must use in determining who is a responsive and responsible bidder in accordance with their bid vetting process.

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LIVESTOCK AT LARGE.

This Act authorizes the Department of Agriculture to impose civil penalties consistent with the amounts imposed in other states when livestock have been found to have run at large on the public highways or on unenclosed land within the State. This Act adds a provision as exists in the Delaware False Claims Act, 6 Del. C §1204(f), allowing for the enforcement as judgments of administrative orders that are final and no longer subject to judicial review. Lastly, the Act 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 REORGANIZATION OF SCHOOL DISTRICTS.

This Act allows the State Board of Education to change or alter boundaries of reorganized school districts. It allows the State Board of Education to do so based upon redistricting recommendations from the newly formed Redding Consortium for Educational Equity ("Consortium"). It requires the Consortium to provide its recommendations through a transition, resource, and implementation plan for redistricting, the contents of which are specified in the Act.

AN ACT TO AMEND TITLES 18 AND 21 OF THE DELAWARE CODE RELATING TO AUTOMOBILE INSURANCE POLICIES.

Section 1 of this Act clarifies the definition of the term “policy” for purposes of §§ 3903-3907 of Title 18 of the Delaware Code to apply only to personal automobile insurance policies and not commercial or other types of policies. Section 2 of this Act extends the amount of notice that an insurer must provide to a private passenger policyholder before cancelling an automobile policy for nonpayment of premium from 10 to 15 days. Section 3 of this Act sets standards for cancellation and nonrenewal notice requirements for commercial automobile policies. Section 4 of this Act is a housekeeping item and adds cross reference in Title 21 to the newly-created section 3920 for commercial policies. This Act 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 LOTTERIES.

This bill reduces the required number of meetings that the Advisory Council on Video Lottery Planning and the Advisory Council on Charitable Gaming Planning must hold each calendar year and authorizes the Lottery Director to add certain sports lottery players to an involuntary exclusion list by order.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL JURISDICTION.

This Act increases the civil jurisdictional limit for the Court of Common Pleas from $50,000 to $75,000, as recommended by the Jurisdiction Improvement Committee established by the Delaware Supreme Court Order of November 7, 2017.

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO USE BY NEW CASTLE COUNTY OF THE MONITION METHOD OF SALE FOR THE COLLECTION OF DELINQUENT TAXES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES.

This Act will enable New Castle County to collect delinquent sewer service charges under the procedures established by Chapter 87 of Title 9 for the collection of delinquent county taxes. Under the existing method for New Castle County established by Chapter 22, Subchapter II (Monition Method of Sale in New Castle County), of Title 9 for the collection of delinquent sewer service charges, a jury trial must be held if the property owner or an interested party submits an affidavit of defense denying the service charges in whole or in part. In addition, under Section 2211 of Title 9, County Council must first levy the delinquent sewer service charges as an assessment prior to the institution of any legal proceedings. This Act removes the existing sewer monition method of sale in its entirety and will enable New Castle County to collect delinquent sewer service charges in the same manner as taxes are collected under the less burdensome and more efficient monition method of sale established by Chapter 87 of Title 9.

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

This bill creates an Expanded Learning Opportunities Subcommittee as part of the Interagency Resource Management Committee (IRMC) to provide research, recommendations, and coordination regarding before and after school programs and summer learning opportunities for school-age children. The chairperson of the subcommittee is also added to the Interagency Resource Management Committee as a non-voting member. The creation of an Expanded Learning Opportunities Subcommittee was one of the primary recommendations of the Statewide Afterschool Initiative Task Force, which was created by the 148th General Assembly. The Task Force felt that the design and delivery of services would be enhanced by a standing body tasked with tracking developments across the country and in the State, with a view towards encouraging the development of programs and funding models that maximize positive outcomes.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EMS COMPANY VOLUNTEERS.

Individuals who volunteer their services through stand-alone EMS companies have been a valuable part of public safety to the citizens of the State of Delaware. To try to bolster the ranks of these volunteers, this bill exempts anyone applying for membership of a volunteer EMS company from paying the cost of a background check done by the State of Delaware Bureau of Identification.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING DISSEMINATION OF PERSONAL INFORMATION.

This bill enables a key component of the Take Care Delaware program, a partnership between law enforcement and schools to adopt a trauma-informed approach to children who have been identified at the scene of a traumatic event. The Take Care Delaware program, which will start as a pilot, operates by a police officer or emergency-care provider alerting a child’s school about the child’s presence at a traumatic event that the police officer or emergency-care provider responded to. In order to avoid violations of the State Bureau of Investigation’s dissemination statute and the Victim’s Bill of Rights in Title 11, this bill creates a narrow exception to both statutes that allows police officers and emergency-care providers to send the child’s name to their school district or charter school so that the child’s teachers can ensure the child is handled in a trauma-informed way. The Take Care Delaware program is based on the national “Handle With Care” model and includes training and other best practices for law enforcement and schools to prevent and mitigate the negative impact of childhood exposure to trauma.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.

This bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.

This Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund (“LIEF”), funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-on and carry-out facility. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute to Senate Bill No. 5 makes the following changes: • Clearly labels “littering” as a category of unlawful activity distinct from “dumping.” • Adds State parks, State forestry areas, State fish and wildlife areas, federal wildlife refuges, and lands within the State that are administered by the U.S. Department of Interior, National Park Service, to the list of areas that trigger enhanced penalties. • Establishes LIEF as a subaccount to the already-existing Special Law Enforcement Assistance Fund (“SLEAF”) under Subchapter II, Chapter 41, Title 11. • Requires disbursement of LIEF funds to follow the disbursement procedures already established for SLEAF. • Clarifies that the voluntary assessment alternative applies only to littering offenses. The penalty for dumping includes a mandatory community service obligation, so voluntary assessment cannot apply to dumping. • Updates language to allow courts to accept methods other than check or money order to make payments under this Act.

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

This Act makes necessary changes to Delaware’s election laws based on the State’s purchase of new voting devices and establishes auditing requirements for the voting devices. The new voting devices will function differently than the existing voting devices and so election law must be updated to conform the law. The new voting devices allow each voter to view a paper ballot with the voter’s selections under glass for the voter to approve before pressing the final button to vote. This Act requires the Department of Elections (“Department”) to audit the results of primary, general, and school board elections and establishes the procedure to be used by the Department. This Act also requires the Department to adopt regulations to govern the procedure to be used if an audit reveals a discrepancy. 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 RELATING TO CONTRACTOR REGISTRATION.

This Act provides a fair bidding environment for contractors who obey the law and protects the interests of workers and taxpayers by implementing recommendations from the review of the Workplace Fraud Act required by Senate Resolution No. 26 of the 149th General Assembly by making changes to the Workplace Fraud Act and creating the Delaware Contractor Registration Act. This Act revises the Workplace Fraud Act by doing all of the following: 1. Creates definitions for the terms “contractor”, "general contractor", "construction manager", "labor broker", "outside of the usual course of business", "place of business", and "subcontractor" and revises the definition of "independent contractor". 2. Explicitly prohibits labor brokers from providing construction services. 3. Allows general contractors, construction managers, and subcontractors to engage other construction companies in the same line of work as the general contractor, construction manager, or subcontractor. The Delaware Contractor Registration Act creates a contractor registration system to effectively regulate employee misclassification by doing all of the following: 1. Requires contractors to pay a small annual fee and apply for a certificate of registration to engage in construction activities in this State. 2. Requires registered contractors to establish compliance with State labor and revenue laws. 3. Requires that all contractors who work on a public works contract comply with the new contractor registration requirement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Bill differs from Senate Bill No. 95 as follows: 1. Clarifies the definition of “contractor” and “independent contractor”. 2. Narrows the information required for registration to requirements that are applicable to the contractor and to information the Department of Labor (Department) does not already have. 3. Requires the contractor to disclose if the contractor or a person holding a financial interest in the contractor's business has been convicted of home improvement fraud or new home construction fraud or found to have engaged in a prohibited trade practice. 4. Creates lower registration fees for contractors that do not have public works contracts. 5. Defines the circumstances when the Department can require a surety bond and when the surety bond must be released. 6. Clarifies the opportunity and process to request a hearing if the Department decides to take an action to against a contractor. 7. Makes this Act effective on October 1, 2020 and states that the Department will conduct education and information sessions statewide regarding this Act.

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

Under current law, the possession, use, or consumption of a personal use quantity of marijuana remains a crime for those under the age of 21 despite being a civil violation for adults. This Act makes the possession, use, or consumption of a personal use quantity of marijuana a civil violation for juveniles. This Act also makes conforming amendments to subsection (i), regarding expungement of a single criminal offense under subsection (c), as, after the effective date of this Act, subsection (c) will no longer contain a criminal offense.

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

State economic development officials pursue economic development opportunities that, if realized, would have significant impact on Delaware's future economic health and competitiveness. Such situations frequently require expeditious action and the need to enhance Delaware's transportation infrastructure on a timeline and schedule that is outside the 6 year Capital Transportation Program. To meet these challenges, this Act establishes the Transportation Infrastructure Investment Fund to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order to attract new businesses to Delaware, or for the expansion of existing Delaware businesses, when such an economic development opportunity would create a significant number of direct, permanent, quality, full-time jobs.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PLANS MANAGEMENT BOARD.

The Plans Management Board (the “Board”) oversees and administers the State's Deferred Compensation Program authorized under chapter 60A of Title 29 of the Delaware Code. The Deferred Compensation Program encompasses the following 3 distinct supplemental retirement plans authorized under the Internal Revenue Code: the State's deferred compensation plan under 26 U.S.C. § 457(b); the State's tax-sheltered annuity plan for certain education employees under § 403(b); and the State’s employer match plan under 26 U.S.C. § 401(a). The Board also oversees and administers the State’s College Investment Plan under 26 U.S.C. § 529, authorized by Subchapter XII, Chapter 34 of Title 14 of the Delaware Code, and the State’s Achieving a Better Life Experience (“ABLE”) Program, authorized by Chapter 96A of Title 16 of the Delaware Code. None of these plans is subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Section 1 of this Act proposes a separate fiduciary standard for the College Investment and ABLE plans. The existing standard of care under § 2722(d) of Title 29, which presently covers all 5 plans, closely tracks the standard of care for retirement plans subject to ERISA. The existing standard, while appropriate for the State’s supplemental retirement plans, may restrict the Board’s ability to use administrative fees collected from participants in the College Investment Plan and ABLE Program to fund marketing expenses and implement scholarship, match, or promotional programs, as is common in the industry. The proposed standard for the College Investment Plan and ABLE Program maintains a high “prudent person” standard but will give the Board needed flexibility to use administrative fees to attract participants in the highly competitive College Investment Plan and ABLE Program markets. Section 2 of this Act addresses subcommittee members who are not also members of the full Board. This section makes clear such individuals are entitled to reimbursement and indemnification to the same extent as Board members.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING INCENTIVE PROGRAM.

This act will increase the numbers of Delaware nursing students eligible for the nursing incentive program by allowing Delawareans pursuing nursing careers at non-profit hospitals located in Delaware to be eligible for the program.

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD.

This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.

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

This legislation expands the list of central contracts currently available to be accessed by state agencies and other allowed organizations to include professional services contracts. The legislation also adds local governments to the list of organizations that can access central contracts.

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELECTRIC COOPERATIVE CAPITAL CREDITS.

This Act expands the permitted uses of unclaimed electric cooperative capital credits to include investments in energy services for low income members and energy efficiency, renewable energy, battery storage, electrification and emerging energy technology programs. The bill also amends the annual reporting requirements to include an itemization of the amount allocated each year to low income assistance, energy efficiency and renewable technologies, and non-profit donations.

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

The purpose of the Bill is to update the existing beekeeping code to better reflect current practices.

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

This Act establishes standards for data security for Title 18 licensees and standards for the investigation of and notification to the Commissioner of a cybersecurity event affecting Title 18 licensees.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO LICENSES TO HUNT, TRAP, AND FISH.

This bill allows our wounded warriors or similar veterans' organizations who have been honorably discharged from the armed forces of the United States and have at least a 60% service-connected disability to be able to obtain a license to hunt, trap, and fish in this State without charge.

AN ACT TO AMEND TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.

This Act amends Section 3001(d)(1) of Title 14 to require that the Department of Education ensure that the standards of the Delaware Stars for Early Success system are consistent with the regulations of the Office of Child Care Licensing. It also removes the Office of Child Care Licensing from the Department of Services for Children, Youth and Their Families and puts it within the Department of Education to facilitate that consistency. This Act clarifies the legal effect of the transfer of the Office of Child Care Licensing from the Department of Services for Children, Youth and Their Families to the Department Education. It also creates a requirement that the Secretary of the Department Education and the Secretary of the Department of Services for Children, Youth and Their Families develop a transition plan for the transfer.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION TO ESTABLISH A STATEWIDE SHARED TECHNOLOGY SERVICES MODEL TO FACILITATE DIGITAL GOVERNMENT FOR CITIZENS, INCREASE EFFICIENCY, AND CONTROL SECURITY RISKS.

This legislation is based on information technology (“IT”) recommendations of the Government Efficiency and Accountability Review (“GEAR”) Board established by Governor Carney’s Executive Order Four. This act modernizes Chapter 90C of Title 29 of the Delaware Code and authorizes the establishment of a shared IT services model for state agencies. The shared services model centralizes the following duties and related executive branch personnel under DTI: technology end user support, cyber security, network management, server management, data management, IT project management, software application development/support, IT procurement oversight, IT fiscal planning, IT standards, and technology governance. This bill also reconstitutes the Technology Investment Council to increase state agency representation. The bill authorizes DTI to establish a transparent chargeback process for technology services in coordination with the Director of the Office of Management and Budget and the Controller General. In addition to facilitating the delivery of technology services in a consistent and comprehensive manner, technology centralization will position the State to stay abreast of technologies to enable innovation and enhance services to Delawareans. IT centralization also supports regulatory compliance requirements (e.g. IRS, CJIS), network and data security, and provides controls for the overall State IT landscape and spend.

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DENTAL CARE FOR ADULT MEDICAID RECIPIENTS.

Delaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die. This ultimately costs states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from Senate Bill No. 92 (150th General Assembly) because it changes the effective date of this Act to be April 1, 2020, and removes provisions made unnecessary by the change.

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

This Act encourages school districts and charter schools to cooperate to ensure that State appropriations for school transportation are used efficiently by doing the following: 1. Codifies the Department of Education's current practice of establishing a formula, with approval of the State Board of Education, to determine appropriate transportation funds for each school district and charter school and providing a percentage of that amount to the school district and charter school. 2. Permits charter schools to enter into contracts with transportation contractors for multiple years. 3. Permits charter schools to collaborate with other local education agencies to publically bid transportation routes, to establish the safest and most cost-effective bus routes available. 4. Allows school districts and charter schools to purchase and provide annual bus passes for students to use on fixed route public transit to address the short supply of public school bus transportation. 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 AND TITLE 18 OF THE DELAWARE CODE RELATING TO THE PRIMARY CARE REFORM COLLABORATIVE AND THE CREATION OF THE OFFICE OF VALUE-BASED HEALTH CARE DELIVERY.

This Act expands the membership of the Primary Care Reform Collaborative and creates an Office of Value-Based Health Care Delivery in the Department of Insurance to reduce health care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. The Office of Value-Based Health Care Delivery will work with the Primary Care Reform Collaborative and the State benchmarking process. This Substitute Bill differs from Senate Bill No. 116 as follows: 1. Adds the Insurance Commissioner to the Primary Reform Collaborative. 2. Limits the definition of "carrier" to health insurers licensed under Title 18 or certified as a qualified health plan on the Delaware Health Insurance Marketplace. 3. Requires the Insurance Commissioner to promulgate regulations to implement Section 2 of this Act instead of adopting policies and procedures. 4. Removes the deadline to adopt the initial policies under this Act.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS.

Unmanned aircraft systems are capable of introducing contraband into detention facilities without undergoing correctional officer inspections. This bill seeks to prohibit the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE NATIONAL GUARD EDUCATIONAL BENEFITS.

This Act extends the time period for which a member of the Delaware National Guard may receive funding for certain postsecondary education tuition and fees from 10 years after the date on which the member begins the first course for which funds are granted to 15 years after that date.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

This Bill modifies the impact of criminal history on an applicant’s eligibility for licensure and thereby removes certain barriers to employment. It gives the Board the discretion to grant a waiver of a felony conviction for a crime committed against a person where more than 3 years have elapsed since the date of conviction, and for all other felonies, more than 2 years have elapsed since the date of conviction. The Board will be precluded from considering a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time. The statute already prohibits licensure to anyone that has a felony sexual offense conviction.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION EXAMINERS.

This Bill modifies the impact of criminal history on an applicant’s eligibility for licensure. It gives the Board discretion to grant waivers for felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The Board is precluded from considering a conviction where more than 10 years have elapsed since the date of conviction.

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PASS-THROUGH ENTITIES, ESTATES, AND TRUSTS.

Currently, non-resident pass-through entities, trusts, and estates are required to pay estimated income taxes anticipated to be due as a result of real estate transactions before each deed is recorded. The payment of estimated income taxes before each deed is recorded has become a burden on entities that transfer multiple parcels and on the Division of Revenue. In order to maximize time and improve personnel efficiencies within the Division of Revenue, this Act provides the Director with the ability to exempt nonresident pass-through entities involved in the sale or exchange of Delaware real estate from the requirement of remitting estimated income taxes due with each deed to the Recorder before the deed is recorded. This act only allows the Director to grant exemptions as to the timing of the payment of estimated income taxes; it does not allow the Director to grant exemptions from paying income taxes.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.

This Act results from the Joint Legislative Oversight and Sunset Committee's review of the Hazardous Substance Cleanup Act Fund (“HSCA Fund”). Section 1 of the Act, which will take effect on January 1, 2021, provides that the Fund's 15% cap on administrative costs expenditures must be based on the average of the moneys deposited into the Fund over a period of the previous 10 fiscal years. The HSCA Fund tax assessment is due to expire on January 1, 2022. Section 2 of this Act removes the expiration date to ensure continued funding for the Brownfields Development Program and to address environmental liabilities assumed by the State.

AN ACT TO AMEND TITLE 1 AND TITLE 4 OF THE DELAWARE CODE RELATING TO THE STANDARD TIME FOR THIS STATE.

Daylight saving time has existed in one form or another for over 100 years. In that time, Delawareans have become accustomed to the 8 months of daylight saving time each year. This Act provides for Delaware to permanently remain on daylight saving time. This Act achieves this by doing the following: (1) Requiring, in Section 4 of this Act, that the Governor request that the United States Secretary of Transportation place Delaware in the Atlantic standard time zone if Pennsylvania, New Jersey, and Maryland each enact a law requesting the Secretary to place their respective state in the Atlantic standard time zone. The Secretary is authorized under 15 U.S.C. § 261 to define the limits of each time zone and thus may place Delaware in the Atlantic standard time zone. (2) Exercising, in Section 2 of this Act, the discretion granted to Delaware under 15 U.S.C. § 260a to exclude itself from daylight saving time. Section 5 of this Act makes clear that this exclusion takes effect on the first Sunday in November once the United States Secretary of Transportation places Delaware in the Atlantic standard time zone. This results in Delaware permanently remaining 1 hour ahead of eastern standard time.

AN ACT TO AMEND TITLE 15 RELATING TO VOTER REGISTRATION.

This Act is identical to Senate Bill No. 127 from the 149th General Assembly, which was passed by the Senate and reported out of the House Administration Committee. This Act corrects an inadvertent error in Delaware law that has permitted people younger than 18 years of age to vote in final-stage elections. People must be 18 years of age or older to be eligible to vote in a final-stage election such as general elections, special elections, school board elections, and school district referendums. However, people younger than 18 years of age can vote in any preliminary election, such as primary elections, if they will be 18 years of age at the time of the final-stage election.

AN ACT TO AMEND TITLE 29 RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND BEHAVIORAL HEALTH CARE CONNECTION.

This Act allows law-enforcement officers to share an individual's identifying information with the Division of Substance Abuse and Mental Health ("DSAMH") if the officer suspects the individual is suffering from an overdose or a mental health crisis, allowing DSAMH to connect the individual with behavioral health treatment services.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR DRUG AND ALCOHOL DEPENDENCY AND MEDICATION ASSISTED TREATMENT.

This Act adds coverage for Medication Assisted Treatment ("MAT") for drug and alcohol dependencies to the mental health parity laws for health insurance. This Act requires health insurance carriers to provide coverage for prescription medications approved by the U.S. Food and Drug Administration for MAT at no greater financial burden than for prescription medication for other illness or disease, without step therapy requirements, and at the lowest tier of the drug formulary. This Act also 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 QUALIFIED AGENCIES AUTHORIZED TO RECEIVE GRANTS FROM THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

The bill expands the qualified agencies authorized to receive grants approved by the Water Infrastructure Advisory Council to include non-profit corporations, such as the Diamond State Sustainability Corporation (“DSSC”), approved by Public Service Commission as a regulated water or wastewater utility. As a regulated utility, the DSSC assists low and moderate income residents and communities in rural areas of Delaware by acquiring and improving community-owned water and wastewater systems, many of which are aging or at risk of failure, and providing service pursuant to Commission-approved rates. This bill also expands the definition of “treatment works” to include “domestic wastewater” projects in order to allow for grants for community septic and sewage system upgrades.

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING PATIENT BROKERING.

This Act prohibits the practice known as patient brokering, which is the practice where patient brokers are paid a fee to place insured people in treatment centers so that the treatment centers receive thousands of dollars in insurance claim payments for each patient. Increasingly, patient brokers fraudulently enroll patients in low-deductible health plans with out-of-network treatment benefits. Patient brokers target individuals with substance use disorders, who are told that they are receiving their treatment through a scholarship. Not only does this perpetrate fraud against insurers, when insurance plans are terminated for nonpayment of the premium, individuals are discharged from the treatment program with no services or housing and often in a state that is far from home.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS.

This Act authorizes the State and its counties and municipalities to install and use vehicle height monitoring systems ("vehicle height monitoring system") to assist in the enforcement of applicable State, county, or municipal law regarding motor vehicle size. This Act is patterned after Maryland's vehicle height monitoring system law, under which the City of Baltimore recently implemented an ordinance to use vehicle height monitoring system. This Act does not create a new violation. It does establish the following: - Requirements for the Department of Transportation ("DelDOT") to conduct the initial identification of potential locations for vehicle height monitoring system and analysis of the appropriateness of each location. - Requirements for the Department of Safety and Homeland Security ("DSHS") to select a system vendor for use by the State, counties, and municipalities through an open competitive procurement process. - Requirements for DSHS to approve and install vehicle height monitoring systems on State-maintained roads. - Requirements for a county or municipality to approve and install vehicle height monitoring system on the roads maintained by the county or municipality. A county or municipality must adopt an ordinance before approving or installing a vehicle height monitoring system. - Requirements and maintenance of vehicle height monitoring system, including the designation of a vehicle height monitoring system technician to maintain a daily set-up log for each vehicle height monitoring system in use. Daily set-up logs may be admitted as evidence in any court proceeding for a violation captured by a vehicle height monitoring system. - That the owner of a motor vehicle captured by a vehicle height monitoring system is liable for the violation, unless the owner can demonstrate that someone else was in control or possession of the motor vehicle when the violation occurred. - A civil penalty under this section is limited to $250 for second violations, and $500 for third and subsequent violations. A first violation is subject only to a warning notice, with no fine. - Requirements for the information that must be included in a citation under this section and that a citation must be mailed within 30 days of the violation. - What must be included in an image recorded by a vehicle height monitoring system to use the image as evidence. - Limitations on the consequences of being liable under this section. A violation may not be used to assess points on the person's driver license, recorded on the person's driving record, treated as a parking violation, or considered in the provision of motor vehicle insurance coverage. - The State or a county or municipality may designate a contractor to administer and process citations under this section, but a contractor's fee may not be contingent on the number of citations issued or paid. - That this section does not apply to certain vehicles, such as emergency vehicles or school buses. Under this Act, the owner of a motor vehicle is liable for a violation that occurs while the owner uses the vehicle or an employee of the owner uses the vehicle for the purposes of employment. If, however, a driver other than an employee of the owner violates this Act while using the owner’s vehicle, a mechanism is in place to allow the owner to rebut the presumption that the owner was driving the vehicle at the time of the violation (see line 121).

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE MUTUAL AID AGREEMENTS.

This bill clarifies that Delaware law enforcement may enter into agreements to provide mutual assistance to other jurisdictions.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION.

This Act is the result of the Joint Legislative Oversight and Sunset Committee’s review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and does the following: - Clarifies that no more than 2 members may represent any 1 membership qualification. - Adds 2 nonvoting members, a representative from the Department of Education and a student enrolled in a career and technical education (“CTE”) program. - Removes the requirement that the chair represent the private sector. - Limits the chair to 2, 5-year terms. - Requires DACCTE to submit an annual report that includes advocacy efforts, a needs assessment for statewide CTE programming, and reports from on-site school monitoring visits. - Requires at least 3 meetings per year take place after regular business hours and in each of the 3 counties. - Adds quorum and member removal provisions. - Conforms existing law to the drafting standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR'S COUNCIL ON AGRICULTURE.

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 Governor's Council on Agriculture was identified as needing updates to require 7 members rather than “up to” 7 members, and to remove the party balance requirement to make it easier to fill vacancies. Consideration must given to geographical and other diversities when appointing members. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATED TO COURTS AND JUDICIAL PROCEDURE.

Under current Delaware law, the county sheriff’s offices are required to appraise goods that are being levied upon to pay debts. In addition, the sheriff’s offices can be held liable to pay the debts of a judgment debtor if, for example, they inadvertently neglect to make a return on a writ of execution. The appraisal provisions in Title 10 of the Delaware Code addressed in this act are out-of-date and impractical to implement. On the subject of the liability of the sheriff's offices, it is a questionable policy to require the sheriff’s office to pay the debt of a judgment debtor for an inadvertent mistake in handling the procedure to levy upon and sell the debtor’s property. This act repeals the appraisal provisions in Title 10 related to the sheriff’s offices. It also repeals provisions imposing liability on the sheriff’s office to pay debt obligations of debtors who fail to pay their bills, when the sheriff’s office commits an error through neglect.