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 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 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 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 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

This Bill enables the use of roof or ground mounted solar systems on privately owned residential dwellings by making covenants or other restrictions that effectively prohibit or unreasonably restrict the installation of solar photovoltaic systems in Delaware void and unenforceable, regardless of the date recorded. This Bill also explains that it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto. This Bill further provides for costs and reasonable attorneys' fees to be awarded to the prevailing party in any litigation arising under the provisions of this Section. This Bill does not render void and unenforceable reasonable restrictions on roof or ground mounted solar systems.

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

This Act prohibits a pelvic, rectal, or prostate examination by a health care practitioner or professional on an individual who is anesthetized or unconscious. This Act provides exceptions and they are if informed consent is provided, the examination is for diagnostic or treatment purposes, an emergency exists and the examination is necessary, or the examination is ordered by a court. The Act also defines informed consent as a signing of a consent form that is written in plain language, is dated, includes a description of the procedure to be performed and states that a medical student or resident may perform or be present during the examination. Finally, this Act provides that a health-care practitioner or professional who violates the section may be subject to discipline by the appropriate professional licensing board.

AN ACT DESIGNATING AND NAMING THE PORTION OF U.S. ROUTE 301 COMMENCING AT DELAWARE ROUTE 1 AND TERMINATING AT THE DELAWARE MARYLAND STATE LINE AS FIRST RESPONDERS MEMORIAL HIGHWAY.

This act names the Delaware portion of U.S. Route 301 between Route 1 and the Delaware Maryland State line as First Responders Memorial Highway.

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

This Act aims to make the burglary section of Delaware’s Criminal Code simpler and fairer. The Act consolidates the crime of home invasion with existing burglary statutes. Furthermore, this Act recognizes the sanctity of the home and the varied schedules of 21st century homeowners by treating the burglary of an occupied dwelling the same whether the crime occurs during daytime or nighttime hours. The Act removes minimum mandatory sentences for some conduct, but preserves for home invasion a 6 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Finally, the Act eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

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

This Act aims to make the robbery section of Delaware’s Criminal Code simpler and fairer. The Act deletes the carjacking sections and embeds them within the existing robbery statutes to remove duplication from the code. Under this Act, robbery in the first degree includes the theft of a vehicle where there is physical injury or the use, a display or threat of a deadly weapon or death which is a Class B felony; this carries a 3 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Robbery in the Second Degree, a Class E felony, is elevated to a Class D felony if the theft involves a vehicle and elements that pose additional risk to public safety. The Act removes minimum mandatory sentences for some conduct and eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.

This bill expands the Employment First Oversight Commission by adding the Director of the Division for the Visually Impaired as a member, the Director of the Division of Substance Abuse and Mental Health, and other councils, committees, agencies, organizations and individuals as approved by both the Employment First Oversight Commission and the affected council, committee, agency, organization or individual. This bill further expands the officer’s services from 1 year to 2 years and allows them to be reelected for an additional consecutive term.

AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2020.

This Act amends the Fiscal Year 2020 Bond and Capital Improvements Act to (1) reauthorize Appoquinimink School District project local shares; (2) redistribute Community Reinvestment Funds from the African American Heritage Institute to the Peoples Settlement Association and the Redding House Foundation; (3) redistribute Municipal Infrastructure Funds to the Ocean View Historical Society and amend the project description for the Town of Laurel; (4) reprogram Department of Correction funding from the Central Violation of Probation Conversion from Level IV to Level V Design and Construction to the JTVCC Perimeter Fence, Motor Pool Building Conversion to a Level V Vocational Skills Training Center, and Maintenance and Restoration; (5) revise the amount used for a feasibility study at Delaware State University and add authorization for renovations of a community building; (6) authorize the Department of Correction to use Maintenance and Restoration funding for drug treatment space, a design and location study for Plummer Community Correction Center, and a conversion of the Central Violation of Probation center; (7) authorize the use of City of Wilmington Education Initiatives funding for recreational equipment at Kirkwood Park for use by Stubbs Elementary School; (8) authorize the State via the Complete Count Commission to enter into a contractual agreement with a non-profit for census activities in Kent and Sussex counties; (9) transfer a Delaware National Guard vehicle storage facility to the City of Harrington; (10) authorize for a transfer of property from the Delaware National Guard to the Department of Natural Resources and Environmental Control; (11) authorize a transfer of property from the Office of Management and Budget to the United States Government; (12) authorize additional reimbursements from the Community Transportation Fund; (13) authorizes the Department of Transportation to enter into contractual agreements with the Riverfront Development Corporation; (14) authorize the Department of Transportation to enter into agreements with the City of Wilmington and the Riverfront Development Corporation related to the redevelopment of South Market Street; (15) authorize the Brandywine School District to use minor capital improvement funds for site planning activities of the Charles W. Bush Early Education Center; (16) authorize the transfer of funds from the Office of Management and Budget to the Town of Laurel; and (17) allocate funding from the Delaware State Housing Authority to the Ministry of Caring.

AN ACT TO AMEND TITLE 9 PART IV OF THE DELAWARE CODE RELATING TO PROPERTY MAINTENANCE.

This Act enables Sussex County to establish ordinances, rules, and regulations regarding property maintenance and penalties for violations of said ordinances, rules, and regulations.

AN ACT TO AMEND TITLE 9 PART III OF THE DELAWARE CODE RELATED TO PROPERTY MAINTENANCE.

This Act enables Kent County to establish regulations regarding property maintenance and penalties for violations of said regulations.

AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO LIENS FOR TAXES ASSESSED AGAINST REAL PROPERTY.

This Act reconciles discrepancies between § 8705 of Title 9 of the Delaware Code and § 2903 of Title 25 of the Delaware Code, clarifying that all taxes assessed against real estate by Kent or Sussex Counties are governed by § 8705 of Title 9 and that the date on which Sussex County considers a tax delinquent is July 1. The Act also clarifies that the duration of a lien for municipal taxes for a municipalities in Kent and Sussex Counties is 10 years unless a period greater than 10 years is provided for in the municipality’s charter.

AN ACT TO AMEND TITLES 10 AND 14 OF THE DELAWARE CODE RELATING TO TRUANCY.

This Act is a recommendation of the Jurisdiction Improvement Committee established by the Delaware Supreme Court Order of November 7, 2017. The Act provides for the Justice of the Peace Court and Family Court to have concurrent jurisdiction over truancy matters and allows for a means of transfer from the Justice of the Peace Court to the Family Court for cases in which the Family Court already has open proceedings regarding the child or child’s family. Concurrent jurisdiction allows for judicial economy in consideration of such matters while at the same time allowing the Family Court to focus their resources on the more significant filings. This Act mandates that school principals attempt to confer with a truant child’s parents/guardians in an effort to address the child’s lack of attendance prior to filing a complaint with a court. The Act returns to Family Court the consideration of criminal contempt of students in truancy proceedings and removes subsections that are redundant as a result of § 1007C of Title 10. This Act clarifies that children adjudicated truant within the Justice of the Peace Court would have the right to appeal the finding to the Family Court. For truancy matters which result in adjudications truant within the Family Court, appeal rights will remain as is specified in 10 Del. C. § 1051. This Act also removes the requirement of a bond for an appeal. Finally, this Act identifies the criteria for determining whether a complaint will remain in the Justice of the Peace Court or be transferred to Family Court.

AN ACT TO AMEND THE DELAWARE CODE RELATING TO BUDGET AND FISCAL PROCEDURES.

This Act makes changes to the State’s budget and fiscal procedures. Specifically: Sections 1 and 7 of this Act update the deadlines for the submission of General Fund revenue forecasts to more effectively account for the timing of revenue payments. Section 2 of this Act updates notice requirements regarding bond sales to allow for notice using the Department of Finance website. Section 3 of this Act limits the availability of bond refunding premiums to an escrow account for debt service savings. Sections 4 and 6 of this Act eliminate the requirement that the Secretary of Finance be bonded, because the state’s self-insurance plan, § 6543 of Title 18 of the Delaware Code, provides coverage that eliminates the need for a bond and lifts this requirement. Section 5 of this Act simplifies the administrative responsibilities of the State, Counties, and the City of Wilmington related to private activity bond cap by requiring the Counties and City of Wilmington to request the amount of their guaranteed private activity bond cap as needed, eliminating the need to reassign unused portions back to the State each year. Section 8 of this Act extends the Division of Revenue’s authority to enter into agreements to share information with additional agencies and county governments on whose behalf the Division receives and processes tax returns and payments. Section 9 of this Act repeals an antiquated and now unnecessary penalty predating the current criminal code. Section 10 of this Act makes a technical correction to the exceptions to business license revocation following the issuance of a notice of intent. Section 11 of this Act ensures that all tobacco product tax deferred payment plans for the month of June are settled by June 25th. In addition, this Act 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 LICENSE PLATES.

This bill creates a special license plate for World War II veterans.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL.

This bill defines “industrial landfill” in conformity with the Department of Natural Resources and Environmental Control’s Regulations Governing Solid Waste. This bill also establishes a height restriction, or vertical limit, for an industrial landfill at 130 feet above the mean sea level of the area.

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY PROPERTY TAX RATES AND MUNICIPALITIES.

This Act represents one of the recommendations of the Local Service Functions Task Force created by House Concurrent Resolution No. 54. This Act revises the process by which the New Castle County tax rate for owners of real property in municipalities is calculated to reflect fire company contributions made by the municipality. This process does not consider as an in-kind contribution from New Castle County or a municipality the property tax that a fire company does not pay because real property owned by fire companies is exempt from taxation. Because no property tax is due, it is not an amount that either New Castle County or a municipality is waiving. This Act is effective immediately for New Castle County’s fiscal year 2021.

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO IGNITION INTERLOCK DEVICE REQUIREMENTS.

In 2014, the General Assembly created an ignition interlock device program under §§ 4177C and 4177G of Title 21 of the Delaware Code (“IID program”). The IID program provides individuals whose license or driving privileges have been revoked following a conviction for driving under the influence of alcohol or drugs the ability to drive during their revocation period while putting measures in place to protect the public. This Act closes a loophole in the IID program that allows a person to avoid installing an IID in certain circumstance and makes changes to §§ 4177C and 4177G to ensure the provisions are consistent and operate in harmony with each other. This Act also adds a provision clarifying the process for the reinstatement of an individual’s license or driving privileges after the individual has been disqualified from the IID program. Finally, this Act makes numerous technical corrections to conform existing law to the standards of the Delaware Legislation Drafting Manual, including to ensure consistency of language throughout the provisions included in this Act.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DEPARMENT OF HEALTH AND SOCIAL SERVICES.

This bill permits the owner of a beer garden or food establishment to permit leashed dogs on licensed outdoor patios of food establishments and in beer gardens.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RED CLAY CONSOLIDATED SCHOOL DISTRICT BUS SAFETY CAMERA PILOT PROGRAM.

This bill creates a pilot program for the Red Clay School District to utilize external camera systems on their school buses to catch motorists that illegally pass school buses and to punish these motorists by issuing them a civil penalty. The purpose of this bill is to protect children as they are in the process of boarding and exiting the school bus and to spread awareness of school bus traffic safety. At least 16 states have implemented similar legislation, including Pennsylvania in 2018. As Red Clay School District already has these cameras in operation, this program grants the authority to begin issuing violations to motorist that illegally pass school buses in their district.