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

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

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

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

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

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

AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH RELATING TO MUNICIPAL ELECTIONS AND VOTING.

This Act amends the Charter of the City of Rehoboth Beach to make Sections 3 through 7 gender-neutral, to provide travel reimbursement at the Internal Revenue Service rate rather than the Sussex County Sheriff’s rate, to reduce the ownership requirement for non-resident freeholders for voter eligibility from six months to thirty days, to make the City’s process to purge individuals from the Books of Registered Voters consistent with the State’s process at 15 Del. C §1704(g), to allow for voter registration up to thirty days prior to the Annual Municipal Election, to amend the definition of real property to include condominiums created under the Delaware Uniform Common Interest Ownership Act, to reduce the durational residency requirement for voter eligibility from six months to thirty days, to define “domicile,” and to clarify that all voting provisions in the City Charter (including annual municipal elections, annexation elections and borrowing and bond issuance elections) shall be construed in accordance with the principle of “one person, one vote,” and removes any form of artificial entity voting from annexation elections and borrowing and bond issuance elections.

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

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

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

This bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill would allow for a policy change at the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.

AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO BUILDING AND LOAN ASSOCIATION INSURANCE REGULATION.

This bill raises the threshold limit requiring a Building and Loan Association to obtain federal deposit insurance from $7 million to $10 million dollars. This amount was last raised in 2005. The State Bank Commissioner is okay with this change.

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

This legislation changes the requirement for the Department of Transportation to submit a Capital Transportation Program from annually to biennially.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CHILDHOOD LEAD POISONING PREVENTION ACT.

This bill updates the members of the Childhood Lead Poisoning Advisory Committee to include additional stakeholders, and directs the Committee to report to the General Assembly on the effectiveness of the Act, ways to improve the Act, and other measures that should be taken by the State of Delaware to prevent lead poisoning in children.

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

This legislation removes the automatic suspension of a driver’s license for failure to provide proof of insurance. The Division of Motor vehicles will continue to suspend the registration of the uninsured vehicle. The removal of the automatic license suspension will allow the vehicle owner to get to work, keep a job, so that the driver will be able to obtain vehicle insurance.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VETERANS TRUST FUND.

This Act makes all veterans with a minimum discharge of general discharge under honorable conditions eligible for assistance from the Delaware Veterans Trust Fund, effective January 1, 2020.

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

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

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO DELAWARE BYWAYS PROGRAM.

This legislation clarifies the type of signage that can be installed along or within the control zone of a designated Delaware Byway and puts the state into compliance with federal regulations.

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

This act designates rescue dogs as the official state dog.

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

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

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FINAL AVERAGE COMPENSATION FOR THE STATE EMPLOYEES' PENSION PLAN FOR RECIPIENTS OF CERTAIN AWARDS.

This Act includes the dollar amount of an Educational Support Professional of the Year award received by a State employee when determining the final average compensation used to compute the State employee's pension. 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 THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.

This Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. 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 BEHAVIORAL AND MENTAL HEALTH COMMISSION.

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

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

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

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.

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

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

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

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

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE STORAGE OF FIREARMS.

This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user. Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons. This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. This Act also makes technical changes 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 STREET RODS.

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

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

This Act is the product of the Manufactured Home Owners and Community Owner’s Act Task Force (“Task Force”), established by HR No. 24 of the 149th General Assembly. This Act makes technical and substantive revisions to the Manufactured Home Owners and Community Owners Act that were approved by all voting and nonvoting members of the Task Force. The specific changes are as follows: 1. Chapter 70 of Title 25 is reorganized so that it is easier to read and specific provisions are easier to identify. • Section 7026 is broken into separate sections in a new Subchapter V, with headings to indicate the topic of the different provisions. The reorganized subsections of § 7026 are shown with strike through where the subsection is currently located and underline in the new location, but no substantive changes are made to the subsections. 2. Technical corrections that improve consistency, clarity, and conform existing law to the standards of the Delaware Legislative Drafting Manual, including all of the following: • Oxford commas added. • “Shall not” is replaced by “must not” or “may not.” • “Pursuant to [reference to paragraph, statute, title]” replaced by “under.” • “Including, but not limited to,” is replaced with “including.” • Long paragraphs that contain lists are revised into outline form. • Semi-colons at the end of items in a list are replaced with periods. • “And/or” is replaced by “and” or “or.” • “All of the following” or “any of the following” is inserted prior to lists. • Corrects the references to the Department of Justice. • Corrects spelling errors and inconsistent hyphenation and phrasing of terms. • Moves all definitions to the definitions section. 3. Corrections that, while substantive, provide clarity and codify current practices, including all of the following: • Removes the definition of “hold over” because the term is not used in Chapter 70. • Clarifies language regarding the content of a rental agreement summary. • Clarifies language regarding lease renewals. • Clarifies language regarding holdover tenancies. • Eliminates inconsistent language about the amount of notice required before a rent increase. • Provides specific authority for Delaware Manufactured Housing Relocation Authority (“DEMHRA”) to spend funds for DEMHRA’s responsibilities under Subchapter VI. • Corrects an incorrect statement in the penalty provision of Subchapter VI because DEMHRA does not, under existing law, have the authority or responsibility to approve rent increases. 4. The following substantive changes are made: • Requires that a receipt be provided to a tenant for a cash payment of rent within 3 days of the payment and that records of cash receipts for rent be maintained for 3 years. • Revises the procedure for scheduling a meeting when a rent increase is proposed and adds requirements for the content of the notice provided to homeowners of the deadline to request arbitration. • Removes the model bylaws because they are no longer necessary. • Simplifies the amount of relocation assistance provided to home owners. • Explicitly permits relocations assistance for a home moved out of State or to land that is not in a manufactured home community. This Act takes effect 180 days from enactment.

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT LIENS ON INSURANCE CLAIM PAYMENTS.

This Act will increase payments of child support arrears or retroactive support from payments for settlements and awards from negligence, personal injury, and workers compensation cases by requiring that all insurers share information with an insurance claim data collection organization. The Division of Child Support Services ("Division") uses an insurance claim data collection organization to match individuals who are in arrears on child support or who owe retroactive child support with individuals with insurance claims based upon negligence, personal injury, or workers' compensation cases. The data collection organization performs a data match of the claimants provided by insurers and child support obligors provided by the Division. The data collection organization provides reports of matches to the Division so that the Division can issue a lien against the insurance claim to collect the child support arrears or retroactive support. Currently, some insurers voluntarily submit claim information to the insurance claim data collection organization and in 2018, $424,977 in unpaid child support was collected through this process. This Act requires that all insurers submit claim information to the insurance claim data collection organization and is expected to collect an additional $150,000 - $200,000 in unpaid child support. This Act also allows written notice of a lien or action to perfect the lien to be sent by electronically or by first class mail to conform to industry practices. 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 MEDICAL MARIJUANA ACT.

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

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

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

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

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

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

This Act requires captive insurance companies to pay premium taxes on or before April 15 of each year. This Act complements House Bill No. 289 of the 149th General Assembly (Chapter 251, Volume 81 of the Laws of Delaware) by ensuring that captive insurers’ annual statements and payment of premium taxes are both due by the same date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AN ACT MAKING A ONE-TIME SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR ENDING JUNE 30, 2020 TO THE OFFICE OF MANAGEMENT AND BUDGET.

This Act appropriates $61,980,700 to provide one-time funded projects through the Office of Management and Budget.

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2020; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2020 Appropriations Act.

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

The stacking of sentences can, and has, in some cases, result in severe prison sentences without permitting the sentencing judge any discretion as to the offender’s individual circumstances or the facts of the case. In order to provide such judicial discretion, this bill reforms concurrent and consecutive sentencing. This bill provides sentencing judges with the discretion to sentence prison time concurrently when appropriate. However, this bill mandates consecutive sentences when there are multiple victims for the most serious crimes. In addition, this bill requires consecutive sentences for assault in a detention facility. Under this bill, based upon the facts and circumstances of a case, prosecutors are able to recommend and judges have the discretion to order consecutive sentences.

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO A DELAWARE MANUFACTURED HOME OWNER ATTORNEY FUND.

This Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners. This Act does all of the following: 1. Clarifies that tenants and landlords continue to each pay half of the monthly assessment, currently $5.00, which is deposited in the Delaware Manufactured Home Relocation Trust Fund. 2. Directs $0.50 of each tenant’s portion of the monthly assessment to the Attorney Fund. 3. Reduces the obligation of the landlord by $0.50 for each rented lot. This Act is drafted so that if both this Act and House Bill No. 45 are enacted in 2019, the changes made by this Act will be incorporated into the revisions to Chapter 70 of Title 25 made by House Bill No. 45. Sections 1 and 2 make the same technical corrections as House Bill No. 45 and Sections 1 and 3 make additional 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 THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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