|SB 10||Signed||Townsend||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 15 RELATING TO VOTER REGISTRATION.|
|HB 65 w/ HA 2||Signed||K. Williams||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 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.|
|SB 32 w/ SA 1||Signed||Brown||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 6 OF THE DELAWARE CODE RELATING PATIENT BROKERING.|
|SB 45 w/ SA 1||Signed||Paradee||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 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.|
|SB 63 w/ SA 1||Signed||Delcollo||The Delaware Equal Accommodations Law, Chapter 45 of Title 6 of the Delaware Code, prevents discrimination against people because of their race, age, marital status, creed, color, sex, disability, sexual orientation, gender identity, or national origin.
This Act enhances the protections under the Delaware Equal Accommodations Law by prohibiting retaliatory discrimination against an individual for either of the following:
(1) Opposing an act or practice that is an unlawful practice under the Delaware Equal Accommodations Law.
(2) Making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing to enforce the Delaware Equal Accommodations Law.||AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE EQUAL ACCOMMODATIONS LAW.|
|SB 66 w/ SA 1||Signed||Paradee||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 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.|
|SB 74||Signed||Walsh||This bill makes modification to the New Economy Jobs Credit allowing qualified employers to pro-rate their job creation activity in the first certified year, ensuring the indexation of the salary threshold is conducted prior to the calendar year to assist with business planning and establishing an incentive to qualified employers to maintain their employment thresholds.||AN ACT TO AMEND TITLE 30, CHAPTER 20 OF THE DELAWARE CODE RELATING TO NEW ECONOMY JOBS PROGRAM CREDITS.|
|SB 76||Signed||McDowell||The Board of Pension Trustees has established policies and practices for the administration of the Delaware Public Employees Retirement System. House Bill 199 of the 149th General Assembly provided the initial changes to Delaware Code based on the recommendations of the Board’s Best Practices review. This Act provides additional changes to the Delaware Code based on the review. The changes are summarized as follows:
Sections 1, 2, & 3 – Changes to the New State Police Plan to include determining normal retirement date for the review of a disability continuance case, deleting references to the medical committee which has been dissolved by the Board, and giving the authority by the Board to the Executive Secretary for benefit determinations.
Sections 4, 5, & 6 – Changes to the County/Municipal Police/Firefighter Pension Plans to include determining normal retirement date for the review of a disability continuance case, deleting references to the medical committee which has been dissolved by the Board, and giving the authority by the Board to the Executive Secretary for benefit determinations.
Section 7 – Technical change for the Judicial Pension Plan.
Section 8 – Technical changes regarding the closed Diamond State Port pension plan; allows for comingling for accounting purposes only of the OPEB trust with the DPERS Fund; clarifies Memoranda of Understanding with other state agencies; gives sole authority to the Board of Pension Trustees to hire an external audit firm; clarifies that the Board chair must be appointed by the Governor with the consent of the Senate; clarifies that all records of the Board’s Audit Department are not public records under the State's FOIA laws.
||AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BOARD OF PENSION TRUSTEES AND THE ADMINISTRATION OF PENSION PLANS.|
|SB 43||Signed||Walsh||This Act modifies the impact of criminal history for applicants for licensure to the Board of Electrical Examiners (Board). Specifically, this Act:
(1) Permits the Board 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.
(2) Permits the Board to grant waivers for felony and misdemeanor convictions if the applicant is on Level I or II probation.
(3) Precludes the Board from considering a conviction where more than 10 years have elapsed since the date of conviction.
(4) Requires an applicant to submit evidence that the applicant has not been convicted of a felony sexual offense.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ||AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING THE BOARD OF ELECTRICAL EXAMINERS.|
|SB 71 w/ SA 2, SA 3, SA 4 + HA 1||Passed House||Delcollo||This Act protects consumers from paying high prices for prescription drugs by ensuring competition in the marketplace by doing the following:
1. Prohibiting a pharmacy benefit manager from requiring or providing an incentive for an insured individual to use a pharmacy in which the pharmacy benefit manager has an ownership interest.
2. Requiring that a pharmacy must be owned by a pharmacist or by a majority of pharmacists if owned by an artificial entity. This ownership requirement is modelled on the same requirement in North Dakota law, enacted in 1963, which has kept North Dakota prescription prices among the lowest in the country and provides North Dakotans with more pharmacies per capita than the national average and a high level of care from locally owned pharmacies. This ownership requirement does not apply to current holders of a permit to operate a pharmacy or to hospital pharmacies that furnishes services only to patients and employees. ||AN ACT TO AMEND TITLE 18 AND TITLE 24 OF THE DELAWARE CODE RELATING PHARMACY OWNERSHIP AND PHARMACY BENEFITS MANAGERS.|
|SB 78||Signed||Poore||This Act requires that the health education programs presented by the Department of Education include instruction on what it means to "consent" in the context of a sexual encounter.||AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CONSENT EDUCATION.|
|SB 83||Signed||Walsh||This Act adopts the Physical Therapy Licensure Compact (“Compact”). The Compact benefits the public by improving continuity of care, increasing license portability for military spouses, and increasing access to physical therapy providers. Under the Compact, physical therapists and physical therapist assistants licensed in a Compact member state may obtain an expedited license allowing licensees to practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced.
The Compact will be administered by the Physical Therapy Compact Commission (“Commission”) which will process applications for Compact privilege. Physical therapists and physical therapist assistants licensed by the Delaware Examining Board of Physical Therapists and Athletic Trainers (“Board”) may be granted "compact privilege," which will allow them to practice in another member state under the laws and regulations of the remote state. To exercise the compact privilege, a licensee must meet all of the following requirements:
1. Hold a license in the home state with no encumbrances.
2. Be eligible for a compact privilege in any member state.
3. Have no adverse actions within the previous 2 years regarding their license or any Compact privilege.
4. Notify the Commission that compact privilege is being sought in a member state.
5. Pay applicable fees.
6. Be aware of and comply with the laws and rules governing the practice of physical therapy in the remote state.
7. Report adverse action taken by any non-member state within 30 days.
The Compact also authorizes the Board to do all of the following:
1. Appoint a qualified delegate to serve on the Commission.
2. Participate fully in the Commission's data system.
3. Notify the Commission about adverse action taken against licensees by the Board. ||AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE PHYSICAL THERAPY LICENSURE COMPACT.|
|SB 41||Signed||Brown||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 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.|
|SB 84 w/ SA 2||Signed||Hansen||This Act revises the Delaware Native Species Commission by doing the following:
1. Adds a member from the Delaware Department of Transportation.
2. Removes the requirement that Governor appointees be citizens of this State.
3. Requires that the members who represent stakeholder commercial interests represent those interests in Delaware.
4. Adds 2 additional public members.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.|
|SB 93 w/ SA 1||Signed||Walsh||This Act permits a horse racetrack to make and sell beer on the horse racetrack premises for consumption on or off the licensed premises. This Act also makes technical corrections to existing law. ||AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.|
|SB 94||Signed||Townsend||Section 1 of this Act amends Section 903 of Title 13 of the Delaware Code. Substantively, this Act allows persons who are not married but who are cohabitating to jointly adopt a child that is not theirs. The Act also rewrites the statute so as to be more clearly understandable. Section 2 of this Act amends Section 951 of Title 13 of the Delaware Code. It allows persons who are not married but who are cohabitating to jointly adopt a child that is not theirs. The Act also changes the phrase "husband and wife" to "married couple."||AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATED TO ADOPTION.|
|SB 101||Signed||Poore||The opioid epidemic spreading through Delaware has reached critical levels, with 210 fentanyl-related deaths in 2017. This legislation will update the schedule for Fentanyl analogues, consistent with language used by the Drug Enforcement Administration (DEA). The Forensic Chemistry Unit at the Division of Forensic Science has confirmed the presence of these analogues in Delaware, but some of which are not currently scheduled under Title 16. This is directly related to continuous structural modifications of Fentanyl by illicit manufacturers. This legislation will close that gap and provide clarity to Title 16, consistent with federal law, by addressing ever-changing structural modifications being made in the illicit manufacture of Fentanyl. This legislative is aimed to curb the manufacture and distribution of illicit Fentanyl analogues and has no impact on the legal manufacture of Fentanyl for medical use.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.|
|SB 109 w/ SA 2||Signed||Lockman||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 Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.|
|SB 110||Signed||Lockman||The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Architectural Accessibility Board was identified as needing updates to make it easier to fill vacancies and generally update language to modern legislative drafting standards.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARCHITECTURAL ACCESSIBILITY BOARD.|
|SB 111||Signed||Lockman||The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Advisory Council to the Division of Developmental Disabilities Services was identified as needing updates to change terms to “up to” 3 years, remove political party balance, and make it easier to fill vacancies.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ADVISORY COUNCIL TO THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES.|
|SB 113 w/ SA 1||Signed||Lockman||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 7 OF THE DELAWARE CODE RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.|
|SB 114||Signed||Lockman||This Act corrects a technical error in House Bill No. 311 of the 149th General Assembly. HB 311 was intended to allow the grandfathering of licenses under Chapter 39, Title 24 to occur up to 2 years after HB 311 was enacted. In fact, however, HB 311's effective date allowed for only 1 year. Under this Act, the grandfathering period will be for the intended period of 2 years.||AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS.|
|SB 115||Signed||Lockman||This Act makes updates to the Joint Legislative Oversight and Sunset Act (“JLOSC Act”) to meet modern-day needs and practices.
First, this Act defines “highest administrative officer” to clarify that the executive branch, cabinet-level officer of an entity under review must be present at public hearings under the JLOSC Act. Other states have an equal mix of requiring the presence of the cabinet-level official, requiring the presence of the division-level leader, or not clarifying which of the 2 positions must be present. This Act contemplates circumstances under which a person other than the cabinet-level officer may be more appropriate to appear at JLOSC hearings, and therefore authorizes the officer, with the JLOSC Chair’s approval, to appoint a designee to meet the officer’s obligations, or the JLOSC Committee to designate a person other than the officer.
This Act also makes changes to specific deadlines that are out-of-step with JLOSC’s practices and needs. In doing so, this Act also clarifies language regarding JLOSC staffs’ duties and requirements for the JLOSC’s draft report.
Finally, this Act makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE.|
|SS 1 for SB 14||Signed||McDowell||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 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF THE PUBLIC ADVOCATE.|
|SB 121 w/ SA 1||Signed||Townsend||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 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.|
|SB 125||Signed||Hansen||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 30 OF THE DELAWARE CODE RELATING TO PASS-THROUGH ENTITIES, ESTATES, AND TRUSTS.|
|SB 127||Signed||Walsh||This Act changes the penalty for an employer’s failure to file a report required by the Division of Unemployment Insurance from $17.25 to 15% of the total contributions paid or payable by the employer, unless 15% of the total contributions is less than $100 or more than $450. If 15% of the total contributions is less than $100, the penalty is $100. If 15% of the total contributions is more than $450, the penalty is $450.
These reports are used to calculate the unemployment tax assessments due from employers. The tax assessments fund Delaware’s Unemployment Trust Fund. The amount of this penalty has not been adjusted for inflation in over 25 years.||AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.|
|SB 132 w/ SA 1||Signed||Paradee||This Act updates the Delaware Life and Health Insurance Guaranty Association Act (Delaware Act) to conform Delaware law to revisions made to the National Association of Insurance Commissioners’ (NAIC) Life and Health Insurance Guaranty Association Model Act (Model Act).
The Model Act provides a framework for protecting policy or contract owners, insureds, beneficiaries, annuitants, payees, and assignees against losses due to the insolvency or impairment of an insurer.
This Act revises the methodology for assessments relating to long-term care insurance written by an impaired or insolvent insurer and includes managed care organizations and health maintenance organizations within the scope of the Delaware Act to more fairly distribute the cost of long-term care insurance insolvencies among insurers writing life, health, annuity, managed care organization, and health maintenance organization products and to ensure sufficient assessment capacity for all insolvencies.
Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ||AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT.|
|SS 1 for SB 95||Signed||Walsh||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 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CONTRACTOR REGISTRATION.|
|HB 178 w/ HA 1||Signed||Lynn||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 TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO LIENS FOR TAXES ASSESSED AGAINST REAL PROPERTY.|
|SB 134||Signed||Poore||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. ||AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATED TO COURTS AND JUDICIAL PROCEDURE.|
|SB 135||Signed||Lockman||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 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR'S COUNCIL ON AGRICULTURE.|
|SB 107 w/ SA 1||Signed||Brown||This bill changes the standard of proof necessary to issue a civil gun relinquishment order from the Justice of the Peace Court. The preponderance of the evidence standard is the standard traditionally used in civil matters and is, therefore, appropriate here. This also makes the standard consistent with that required for a Lethal Violence Protective Order, which is highly similar in nature.||AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL PROCEDURES TO RELINQUISH FIREARMS OR AMMUNITION.|
|SS 1 for SB 122||Passed||Townsend||This Act creates the Delaware Perinatal Quality Collaborative to improve pregnancy outcomes for women and newborns and such issues as obstetrical blood loss management, pregnant women with substance use disorder, infants impacted by neonatal abstinence syndrome, and advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement.
This Substitute differs from Senate Bill No. 122 by making technical corrections to conform to the standards of the Delaware Legislative Drafting Manual, including language regarding organizational structure and procedure.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PERINATAL QUALITY COLLABORATIVE.|
|SB 137 w/ SA 1||Signed||Ennis||This Act creates the crimes of unlawful possession of a drug masking product, punishable as a class A misdemeanor, and unlawful distribution, delivery, or sale of a drug masking product, punishable as a class E felony. Drug masking products are designed to be added to human urine or human hair to defraud alcohol or drug urine screening tests.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNLAWFUL POSSESSION, DISTRIBUTION, DELIVERY, OR SALE OF DRUG MASKING PRODUCTS.|
|SB 138 w/ SA 1||Signed||Lockman||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 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION.|
|SB 142||Signed||McBride||This Act prohibits a new adult entertainment establishment or adult-oriented retail establishment from operating in a building in which an adult entertainment establishment or adult-oriented retail establishment previously operated.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. ||AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ADULT ESTABLISHMENTS.|
|HB 202 w/ HA 1||Signed||K. Williams||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. ||AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RED CLAY CONSOLIDATED SCHOOL DISTRICT BUS SAFETY CAMERA PILOT PROGRAM.|
|HB 214 w/ HA 1, HA 2||Passed||Gray||This Act supports veterinarians in their effort to protect people from rabies and to ensure the welfare of animals.
This Act enables licensed veterinarians to exempt an animal from the mandated rabies vaccination, if the veterinarian determines, based on their professional judgement, that the vaccine would endanger the animal's health and a titer test may be administered to assist in determining the necessity of the vaccine.||AN ACT TO AMEND TITLES 3 AND 16 OF THE DELAWARE CODE RELATING TO RABIES AND OTHER VACCINATION REQUIREMENTS, AND LICENSING.|
|SB 146||Signed||Ennis||This Act authorizes the Department of Health and Social Services to transfer to the Town of Smyrna excess land around the Delaware Hospital for the Chronically Ill, which borders on Lake Como, for $1.00. The land shall be used to expand the size of the park around Lake Como.||AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN STATE OF DELAWARE OWNED REAL PROPERTY IN KENT COUNTY TO THE TOWN OF SMYRNA.|
|SB 147 w/ SA 1||Signed||Hansen||This Act allows the Department of Safety and Homeland Security to share accident reports and the data in the reports with the Department of Transportation. This Act also allows the Department of Transportation to provide certain de-identified data from accident reports to limited requestors.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.|
|SB 148 w/ SA 1, SA 2||Signed||Lockman||This Act creates the Redding Consortium for Educational Equity ("Consortium"), which replaces the Wilmington Education Improvement Commission ("WEIC"). The Consortium has multiple purposes. First, it will recommend policies and practices to the Governor, General Assembly, and Secretary of Education regarding educational equity and educational outcomes in the City of Wilmington and northern New Castle County. Second, the Consortium will monitor educational progress and outcomes for students in the City of Wilmington and for all low-income, English learners and at-risk students in northern New Castle County and report on the same. Third, the Consortium will make recommendations to the Governor and the General Assembly regarding improvement in public education in the City of Wilmington and northern New Castle County. Fourth, it will evaluate the need for additional or alternative educational facilities in the City of Wilmington. Fifth, it will develop policy proposals to be introduced through legislation to improve teaching and learning in district and charter schools in the City of Wilmington and northern New Castle County. Sixth, it will develop a proposal for redistricting in the City of Wilmington and northern New Castle County. Seventh, it will research the viability of the New Castle County Tax District and Tax Pool. The Act specifies who will be appointed to the Consortium and how it will be staffed. Its first meeting must occur on or before September 1, 2019. ||AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.|
|SB 153 w/ SA 1||Signed||Poore||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 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.|
|SS 1 for SB 128 w/ SA 1||Signed||Walsh||This Act expands the collection procedures available to the Division of Unemployment Insurance to more closely match the collection procedures currently available to the Division of Revenue providing the Division of Unemployment Insurance with streamlined procedures to allow it to more quickly and easily execute on judgments for unpaid unemployment insurance tax assessments. These procedures include obtaining warrants for the levy and sale of property; extending liens; garnishments of wages, bank accounts, and other property; and denying or suspending professional licenses of judgment debtors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Substitute differs from Senate Bill No. 128 as follows:
1. Provides authority for appeals tribunals to hear protests under § 3368 of Title 19 and hearings under § 3369 of Title 19.
2. Aligns the length of a lien of a judgment under Chapter 33 of Title 19 with the length of a lien of judgment obtained by the Division of Revenue.
3. Removes debts owed due to overpayments from garnishment.
4. Makes clarifications and technical corrections.||AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.|
|SB 156 w/ SA 1||Signed||McBride||In January 2019, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2018 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors.
This Act requires a three-quarters vote, erring on the side of caution if any of the sections of the Delaware Code being revised require a super-majority vote.
Section 1. This Section corrects a typographical error created in § 512 of Title 4 when House Bill No. 284 was passed after House Bill No. 158 in the 149th General Assembly and House Bill No. 284 did not incorporate the revisions made to § 512 by House Bill No. 158.
Sections 2 through 4. These Sections correct errors created by House Bill No. 125 of the 150th General Assembly changing the limit on the number of barrels to 6 million instead of the reference to the Code of Federal Regulations in 5 sections of the Delaware Code. The Code of Regulations limit includes a time period of a calendar year on the number of barrels and that time period was included in 2 of the 5 sections where this was changed. These sections add “in a calendar year” after the number of barrels in the other 3 sections and corrects the spelling for “million” in 1 section.
Sections 5 through 6. These Sections replace a reference to § 2728 of Title 18 with a reference to § 4915 of Title 10. The synopsis to Senate Bill No. 195 of the 149th General Assembly explains that SB 195 repealed § 2728 of Title 18 because that section has been superseded by § 4915 of Title 10.
Section 7. House Substitute No. 1 to House Bill No. 222 of the 149th General Assembly created lethal violence protective orders. This Section removes the word “emergency” from § 7704 of Title 10 because an order is entered after a nonemergency petition is filed and a hearing is held under § 7704 of Title 10.
Section 8. Senate Bill No. 150 of the 149th General Assembly revised the Delaware Police Accreditation Commission. This Section replaces an incomplete sentence with standard organizational language regarding the ability of members to appoint a designee and makes other technical corrections.
Section 9. During discussions of Senate Bill No. 10 in the 150th General Assembly, outdated language describing disqualifying felonies for eligibility to vote was identified. This Section corrects the inconsistent language by referencing Chapter 61 of Title 15, which was enacted by the 140th General Assembly and establishes when persons with felony convictions are permitted to vote. This Section also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Section 10. This Section revises § 4944 of Title 15 to correctly identify the State Election Commissioner as the custodian of the names of electors and the spelling of Vice President, errors discovered while drafting legislation for the 150th General Assembly.
Sections 11 through 16. These Sections correct the incorrect spelling of Vice President identified while drafting legislation for the 150th General Assembly.
Section 17. House Bill No. 248 of the 149th General Assembly did not properly include the existing language in the Delaware Code. This Section revises § 122(3)p.2.B.VI. of Title 16 by including the language intended by House Bill No. 248 and repealing the existing provisions.
Section 18. House Bill No. 431 of the 149th General Assembly, as amended, requires nursing and assisted living facilities to offer onsite influenza vaccinations to all employees every year. The Code Revisors interpreted the phrase “of the following year” to mean only 2019, the calendar year after enactment of the Act. This Section revises § 1144 of Title 16 so that it is clear that the vaccinations must be provided every calendar year.
Section 19. House Bill No. 409 of the 149th General Assembly, as amended, included the phrase “any of the above” in the first sentence of § 1904 of Title 19. This Section revises this sentence to clarify that it refers to the events earlier in the sentence.
Sections 20 through 21. House Bill No. 311 intended to create a 2 year grandfathering of licenses after enactment but the effective date allowed for only 1 year. This Section establishes a 2 year grandfathering period.
Section 22. After House Bill No. 46 was passed during the 150th General Assembly, questions arose regarding how to interpret the new provisions. This Section makes revisions to provide clarity.
Section 23. This Section repeals § 704(c) of Title 29 because the provisions in § 704(c) are repeated with more detail in § 7331 of Title 15, an error discovered while drafting legislation for the 150th General Assembly.
Section 24. Senate Bill No. 227 contains a delayed effective date and a sunset provision. This Section changes the sunset provision so it is 3 years after the effective date instead of 3 years after enactment.
Section 25. This Section makes Section 22 of this Act effective the day after House Bill No. 46 is enacted.||AN ACT TO AMEND THE LAWS OF DELAWARE AND TITLE 4, TITLE 6, TITLE 10, TITLE 11, TITLE 15, TITLE 16, TITLE 19, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.|
|SB 161||Signed||Hansen||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 29 RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND BEHAVIORAL HEALTH CARE CONNECTION.|
|HB 229 w/ HA 1||Passed||Carson||This Act increases the non-refundable income tax credit from $400 to $500 for active members of Delaware volunteer fire, ambulance, or rescue service company or its auxiliary. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.|
|SB 162 w/ SA 1||Signed||Hocker||This Act amends the Charter of Millville to give the Town Council the authority to impose and collect a lodging tax.||AN ACT TO AMEND THE CHARTER OF MILLVILLE RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.|
|HB 235 w/ HA 3||Signed||Bush||This Act will prohibit political subdivisions of this State from requiring real estate licensees to obtain an additional business license or pay taxes in order to list property for sellers or represent buyers for the purchase of real estate. ||AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS, AND SALESPERSONS.|
|SB 168||Signed||Ennis||This Act allows for the transfer of a particular parcel of land in Smyrna along Route 13. In the 147th General Assembly, the State was allowed to transfer this parcel of land, where a fire tower once stood, to the Town of Smyrna, but the land could only ever be used for a public purpose. The parcel in question is surrounded on both sides by parcels owned by the same private citizen. The Town and the private citizen wish to exchange their respective parcels so that the private citizen’s two parcels are thereafter contiguous. Because the land reverts to the ownership of the State if it ever stops being used for a public purpose, the Town cannot deed the land to the private individual. Therefore, this Act allows the State to receive the parcel from the Town and to then re-convey it to the Town without the requirement that it be forever used for a public purpose. The reconveyance will, however, allow the State to put an antenna on any water tower that the Town may build on the parcel or an adjacent parcel.||AN ACT TO TRANSFER LAND BETWEEN THE TOWN OF SMYRNA AND THE STATE OF DELAWARE.|
|HA 1 to HB 214||Passed||Gray||This amendment removes the word "age" from the bill. As written, an animal's "age" would be a reason to exempt the animal from vaccination. As amended, the exemption would be based upon infirmity, disability, illness, or other medical consideration, but not age.|| |
|HA 1 to HB 178||Passed||Lynn||This Amendment reconciles additional discrepancies between § 2903 of Title 25 of the Delaware Code and other provisions of State law governing the duration of liens. || |
|HA 1 to HB 202||Passed||K. Williams||This Amendment omits the size of the warning tape required on school buses that use the school bus safety camera system and changes the color of the warning tape from red and white to yellow and black to comply with federal regulation.|| |
|HJR 7||Signed||Mitchell||This Joint Resolution vacates the parkland dedication for ± .22 acres of Tax Parcel No. 19-009.00-015, as depicted in the exhibit that accompanies this Joint Resolution, thereby removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows New Castle County to transfer the Property in accordance with § 1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of this Property as dedicated parkland. A significant amount of illegal dumping occurs on the Property, negatively impacting the surrounding community.||VACATING DEDICATED PARKLAND IDENTIFIED AS TAX PARCEL NO. 19-009.00-015.|
|HJR 8||Signed||Mitchell||This Joint Resolution vacates the parkland dedication for ± .31 acres of Tax Parcel No. 07-039.30-002 (“the Property”), as depicted in the exhibit that accompanies this Joint Resolution, thereby removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows New Castle County to transfer the Property in accordance with §1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the Property as dedicated parkland. A significant amount of illegal dumping occurs on the Property, negatively impacting the surrounding community.||VACATING DEDICATED PARKLAND ± .31 ACRES OF TAX PARCEL NO. 07-039.30-002.|
|HJR 9||Signed||Mitchell||This Joint Resolution vacates the parkland dedication for Tax Parcel No. 19-009.00-011 ("the Property"), removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows for New Castle County to transfer the Property in accordance with § 1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the Property as parkland. Currently, the neighboring businesses are using a portion of the Property for parking.||VACATING DEDICATED PARKLAND IDENTIFIED AS TAX PARCEL NO. 19-009.00-011.|
|SB 175 w/ SA 1||Signed||McDowell||Currently, the SEED program allows students a maximum of 6 semesters to complete an Associate Degree. This Bill allows SEED eligible students who complete their Associate Degree in fewer than 6 semesters to apply the remaining semesters of the grant toward a Bachelor’s Degree at either the University of Delaware or Delaware Technical and Community College.||AN ACT TO AMEND TITLE 14 RELATING TO ELIGIBILITY FOR SEED GRANTS.|
|SS 1 for SB 116||Signed||Townsend||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 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.|
|SS 2 for SB 178||Signed||Paradee||The Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County.
This Substitute places the lodging tax imposed by the Act in the same Delaware Code provision where the New Castle County lodging tax is placed and where the Sussex County lodging tax is proposed to be placed by House Bill No. 228 (150th General Assembly). This change in placement also results in excluding rentals by the Department of Natural Resources and Environmental Control from the lodging tax established by § 8112 of Title 9.
This change also does the following:
(1) Makes clear that the lodging tax power under § 8112(a) of Title 9 refers to New Castle County.
(2) Makes technical corrections to the language of the Act, and existing law, to conform it to the standards of the Delaware Legislative Drafting Manual.
||AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES.|
|HB 250||Signed||Chukwuocha||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 TITLES 10 AND 14 OF THE DELAWARE CODE RELATING TO TRUANCY.|
|SB 180||Signed||Sokola||This Bill is the Fiscal Year 2020 Bond and Capital Improvements Act.||A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2020; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.|
|HA 1 to SB 71||Passed||Bennett||This Amendment removes the requirement that a new permit to open a pharmacy may be approved only if the pharmacy is owned by a pharmacist.|| |
|SCR 62||Passed||Hansen||This Concurrent Resolution establishes a task force (“Task Force”) to study and make recommendations regarding the policies, rules, structure, and regulations of the Division of Developmental Disabilities Services ("Division"). The Division provides home and community-based services for adults with intellectual and developmental disabilities.
The Task Force will consider, have access to, and make recommendations on several matters, including:
(1) Wages and turnover rates for direct support professionals.
(2) Design of systems changes and performance measures.
(3) Other trends, analyses, and recommendations.
(4) A synopsis of provider violations, probation, appeals, and ultimate outcomes from 2015 through 2019.
The data provided to the Task Force are not records or proceedings for the purposes of § 1768 of Title 24, commonly known as “peer review privilege.” The release of data for the purposes of the Task Forces’ work does not waive the privileged nature of the data, which must already omit information that may identify a specific patient or provider before it is provided to the Task Force.
This Concurrent Resolution is the result of the Joint Legislative Oversight and Sunset Committee deciding not to review the Division in 2020 and instead allow the Division time to undergo a more brief method of review. This process was initially created as an advisory council through Senate Bill No. 154 of the 150th General Assembly, but was later determined to be better achieved through a task force. ||ESTABLISHING THE DIVISION OF DEVELOPMENTAL DISABILITIES SERVICES TASK FORCE.|
|HA 3 to HB 235||Passed||Bush||This amendment: (1) adds the 2/3rds vote requirement; (2) states that the exception for rental of real estate for property owners or tenants does not apply to cities with a population over 50,000; (3) adds a section stating that the bill doesn’t prohibit a jurisdiction from charging a wage tax under that jurisdictions’ ordinances on the same basis as other wages earned in that jurisdiction; and (4) changes the enactment date from January 1, 2020 to July 1, 2020. || |
|SB 183||Signed||Poore||This Act makes a technical correction to the charter of the New Castle City Municipal Services Commission. This changed language was passed in HB 344 of the 148th General Assembly, but, for technical reasons, it was not reflected in the Charter.||AN ACT TO AMEND THE CHARTER OF THE MUNICIPAL SERVICE COMMISSION OF THE CITY OF NEW CASTLE.|
|HA 1 to HB 229||Passed||Carson||This Amendment clarifies that the $500 nonrefundable tax credit for active members of the Delaware volunteer fire, ambulance, or rescue service company or its auxiliaries will take effect for the tax years beginning on or after January 1, 2021. || |
|SCR 63||Passed||McBride||This Concurrent Resolution confirms Mark J. Cutrona as the new Director of Research of Legislative Council.||CONFIRMING MARK J. CUTRONA DIRECTOR OF RESEARCH OF LEGISLATIVE COUNCIL.|
|HA 1 to SB 166||Passed||Bolden||This Amendment requires District and Charter Schools to report the number of students using DART passes each year. || |
|SB 187||Signed||Poore||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 TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.|
|HA 2 to HB 65||Passed||K. Williams||This Amendment does the following:
(1) Clarifies that the changes made by the Act are applicable only to roof mounted systems for obtaining solar energy.
(2) Restores existing law provisions related to the vote required to amend a covenant, restriction, or condition contained in a deed or declaration both in general and as it relates to roof mounted systems for obtaining solar energy.
(3) Modifies the vote required to amend a covenant, restriction, or condition contained in a deed or declaration and relating to roof mounted systems for obtaining solar energy from a 2/3 vote to a majority vote of the property owners.
(4) Clarifies the acceptable methods of voting to amend a covenant, restriction, or condition contained in a deed or declaration.
(5) Clarifies that the owner of property has the right to install a roof mounted system for obtaining solar energy on that owner’s property if, no later than 60 days before installing the system, the owner sends notice to the applicable maintenance corporation, homeowner’s association, or neighboring property owner that the owner intends to install the system.
(6) The maintenance corporation, homeowner’s association, or neighboring property owner must provide the owner with input or direction on the placement of the roof mounted system for obtaining solar energy no later than 30 days before the owner’s proposed date of the installation of the system.