| HB 12 | Signed | Kowalko | This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD. |
| HB 58 w/ HA 1 | Signed | Shupe | This act will increase the numbers of Delaware nursing students eligible for the nursing incentive program by allowing Delawareans pursuing nursing careers at non-profit hospitals located in Delaware to be eligible for the program. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING INCENTIVE PROGRAM. |
| SS 1 for SB 5 w/ SA 1 | Signed | Hansen | This Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by:
• Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can.
• Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter.
• Creating the Litter Investigation and Enforcement Fund (“LIEF”), funded through restitution paid by
offenders of this chapter, to support investigations to identify those who violate this chapter.
This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-on and carry-out facility.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Substitute to Senate Bill No. 5 makes the following changes:
• Clearly labels “littering” as a category of unlawful activity distinct from “dumping.”
• Adds State parks, State forestry areas, State fish and wildlife areas, federal wildlife refuges, and lands within
the State that are administered by the U.S. Department of Interior, National Park Service, to the list of areas
that trigger enhanced penalties.
• Establishes LIEF as a subaccount to the already-existing Special Law Enforcement Assistance Fund
(“SLEAF”) under Subchapter II, Chapter 41, Title 11.
• Requires disbursement of LIEF funds to follow the disbursement procedures already established for SLEAF.
• Clarifies that the voluntary assessment alternative applies only to littering offenses. The penalty for dumping
includes a mandatory community service obligation, so voluntary assessment cannot apply to dumping.
• Updates language to allow courts to accept methods other than check or money order to make payments
under this Act. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW. |
| 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. |
| HB 95 w/ SA 1 | Signed | Bush | 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 26 OF THE DELAWARE CODE RELATING TO ELECTRIC COOPERATIVE CAPITAL CREDITS. |
| SB 61 w/ HA 1 | Signed | Hansen | State economic development officials pursue economic development opportunities that, if realized, would have significant impact on Delaware's future economic health and competitiveness. Such situations frequently require expeditious action and the need to enhance Delaware's transportation infrastructure on a timeline and schedule that is outside the 6 year Capital Transportation Program.
To meet these challenges, this Act establishes the Transportation Infrastructure Investment Fund to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order to attract new businesses to Delaware, or for the expansion of existing Delaware businesses, when such an economic development opportunity would create a significant number of direct, permanent, quality, full-time jobs. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TRANSPORTATION. |
| HB 130 w/ HA 1, HA 5 | Signed | Brady | This bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION. |
| 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 87 | Signed | Hansen | This act designates the Bellanca Cruisair as the official historical aircraft of Delaware. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE HISTORICAL AIRCRAFT. |
| 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. |
| HB 156 | Signed | Dukes | 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 7 OF THE DELAWARE CODE RELATING TO LICENSES TO HUNT, TRAP, AND FISH. |
| 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. |
| HB 174 | Signed | Bush | 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 18 OF THE DELAWARE CODE RELATING TO THE INSURANCE DATA SECURITY 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 195 | Signed | Bush | The purpose of the Bill is to update the existing beekeeping code to better reflect current practices. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE. |
| SB 143 | Signed | Paradee | The Plans Management Board (the “Board”) oversees and administers the State's Deferred Compensation Program authorized under chapter 60A of Title 29 of the Delaware Code. The Deferred Compensation Program encompasses the following 3 distinct supplemental retirement plans authorized under the Internal Revenue Code: the State's deferred compensation plan under 26 U.S.C. § 457(b); the State's tax-sheltered annuity plan for certain education employees under § 403(b); and the State’s employer match plan under 26 U.S.C. § 401(a). The Board also oversees and administers the State’s College Investment Plan under 26 U.S.C. § 529, authorized by Subchapter XII, Chapter 34 of Title 14 of the Delaware Code, and the State’s Achieving a Better Life Experience (“ABLE”) Program, authorized by Chapter 96A of Title 16 of the Delaware Code. None of these plans is subject to the Employee Retirement Income Security Act of 1974 (“ERISA”).
Section 1 of this Act proposes a separate fiduciary standard for the College Investment and ABLE plans. The existing standard of care under § 2722(d) of Title 29, which presently covers all 5 plans, closely tracks the standard of care for retirement plans subject to ERISA. The existing standard, while appropriate for the State’s supplemental retirement plans, may restrict the Board’s ability to use administrative fees collected from participants in the College Investment Plan and ABLE Program to fund marketing expenses and implement scholarship, match, or promotional programs, as is common in the industry. The proposed standard for the College Investment Plan and ABLE Program maintains a high “prudent person” standard but will give the Board needed flexibility to use administrative fees to attract participants in the highly competitive College Investment Plan and ABLE Program markets.
Section 2 of this Act addresses subcommittee members who are not also members of the full Board. This section makes clear such individuals are entitled to reimbursement and indemnification to the same extent as Board members. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PLANS MANAGEMENT BOARD. |
| HB 209 w/ HA 1 | Signed | Brady | This legislation expands the list of central contracts currently available to be accessed by state agencies and other allowed organizations to include professional services contracts. The legislation also adds local governments to the list of organizations that can access central contracts. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CENTRAL CONTRACTING. |
| HB 208 | Signed | Heffernan | This Act amends the Delaware Hazardous Substance Control Act to reflect recent amendments to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This Act protects state, county, and municipal government entities from being deemed liable as “owners or operators” of hazardous substance release sites when they take title to or control of such properties through the exercise of their lawful governmental powers.
Additionally, this Act protects land banks established pursuant to the Delaware Neighborhood Conservation and Land Banking Act when they assume ownership of potentially contaminated properties in accordance with the provisions and requirements of the Land Banking Act.
| AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT. |
