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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES.

This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 18-101 of the Act to include definitions for “document” and “electronic transmission,” and to amend the definitions of “manager” and “member.” The terms “document” and “electronic transmission” appear in new Section 18-113 among other places in the Act. The changes to the definition of “manager” confirm that the term includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company, and the changes to the definition of “member” confirm that the term includes a member of the limited liability company generally and a member associated with a series of the limited liability company. Section 2. This section amends Section 18-102(3) of the Act to provide that the name of a limited liability company must be such as to distinguish it from the name of any registered series of a limited partnership formed under the laws of the State of Delaware. Section 3. This section amends Section 18-104(d) of the Act to provide that if a limited liability company’s certificate of formation has been cancelled pursuant to Section 18-1108 of the Act, its registered agent may resign without appointing a successor registered agent. The amendment also adds requirements regarding the content and form of the certificate of resignation filed with the Delaware Secretary of State when the registered agent resigns without appointing a successor, and provides that such information regarding the communications contact that must be included in such a certificate shall not be deemed public. This section also amends Section 18-104(g) to conform with the addition of the defined term “electronic transmission” in Section 18-101. Section 4. This section adds new Section 18-113 of the Act, which establishes non-exclusive, safe harbor methods to reduce certain acts or transactions to a written or electronic document and to sign and deliver a document manually or electronically. The terminology in Section 18-113(a) is based on analogous provisions in existing Sections 18-302(d) and 18-404(d) of the Act, the Delaware Uniform Electronic Transactions Act (“UETA”), and the Model Business Corporation Act, with modifications. Section 18-113(a) permits limited liability company transactions (such as entering into agreements of merger not filed with the Secretary of State) to be documented, signed and delivered through “Docusign” and similar electronic means. The Section 18-113(a) safe harbor provisions apply solely for purposes of determining whether an act or transaction has been documented, and whether a document has been signed and delivered, in accordance with the Act and the limited liability company agreement. Section 18-113(a) does not preempt any statute of frauds or other law that might require actions be documented, or that documents be signed and delivered, in a specified manner. Section 18-113(a) clarifies how its provisions operate in connection with a transaction conducted pursuant to UETA. To the extent UETA does not apply to a transaction (under Section 12A-103 of UETA) because the transaction is governed by the Act, the parties to the transaction can satisfy the Act by complying with Section 18-113(a). Section 18-113(b) addresses certain actions and documents that are not governed by Section 18-113(a). There is no presumption that these excluded items are prohibited from being effected by electronic or other means, but Section 18-113 may not be relied on as a basis for documenting an act or transaction, or signing or delivering a document, if the exclusions set forth in Section 18-113(b) apply. Certain of these excluded items are governed by separate provisions that facilitate the use of electronic media, including documents filed with the Secretary of State (governed by Section 18-206(a)). Section 18-113(b) permits limited liability company agreement provisions that restrict the use of Section 18-113(a), but those restrictions must be expressly stated. A provision merely specifying that an act or transaction will be documented in writing, or that a document will be signed or delivered manually, will not prohibit the application of Section 18-113(a). Section 18-113(c) addresses the interaction between the provisions of the Act and the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). Section 18-113(c) evidences an intent to allow the Act to govern the documentation of actions, and the signature and delivery of documents, to the fullest extent the Act is not preempted by the E-Sign Act. Section 5. This section amends Section 18-206(b) of the Act to clarify that the certificate of formation or certificate of registered series, as applicable, shall be amended, corrected or restated upon the filing of a certificate of amendment (or judicial decree of amendment), certificate of correction, corrected certificate or restated certificate, and to confirm that a certificate of registered series is canceled upon a certificate of conversion of such registered series to protected series becoming effective. Section 6. This section amends Section 18-210 of the Act to provide that a plan of division may provide for contractual appraisal rights and that contractual appraisal rights may be made available in connection with any merger or consolidation in which a registered series is a constituent party, any division of the limited liability company, any conversion of a protected series to a registered series of the limited liability company, and any conversion of a registered series to a protected series of the limited liability company. Section 7. This section amends Section 18-215(b) of the Act to provide with respect to protected series that neither the limited liability company agreement nor the notice of the limitation on liabilities of a protected series in the certificate of formation must use the term protected when referencing series or refer to Section 18-215. Section 8. This section amends: Section 18-217(a) of the Act to add a reference to Section 18-301; Section 18-217(b) to clarify that the obligations and liabilities of the dividing company shall be allocated to and vested in, and valid and enforceable obligations of, such division company or companies to which such obligations and liabilities have been allocated pursuant to the plan of division, as provided in Section 18-217(l); Sections 18-217(f) and 18-217(l)(1) to make technical changes; Section 18-217(h) to provide that a certificate of division shall be executed on behalf of, and along with the certificate of formation for each resulting company filed by, the dividing company; and Section 18-217(l)(9) to clarify and confirm the operation of 18-217(l)(4) even though a pending action or proceeding may be continued against the surviving company as if the division did not occur. Sections 9, 11, 12, and 18. These sections amend Sections 18-218, 18-220, 18-221, and 18-1110 of the Act to make technical changes regarding certain certificates filed with respect to registered series. Section 10. This section amends Section 18-219 of the Act to make technical changes regarding certain certificates filed with respect to protected series. Section 13. This section amends Section 18-301 of the Act to add a new subsection (b)(4) that clarifies in connection with a division the mechanics for the admission of a member to a division company or to a limited liability company that is not a division company in the division. Sections 14 and 15. These sections amend Sections 18-302(d) and 18-404(d) of the Act to conform with the addition of the defined term “electronic transmission” in Section 18-101. Section 16. This section amends Section 18-1105(a)(3) of the Act to make a technical change regarding certificates of merger or consolidation filed with respect to registered series under Section 18-221 of the Act, Section 18-1105(a)(4) to provide for the fee payable where the Secretary of State provides the copies of the document to be certified, Section 18-1105(a)(5) to clarify that the fee payable thereunder is for copies that are not certified by the Secretary of State, Section 18-1105(a)(9) to provide for the fee payable for a written report of a record search, and Section 18-1105(a)(10) to provide for the fee payable for any certificate issued via the Secretary of State’s online services. Section 17. This section amends Section 18-1107(n) of the Act to clarify and confirm that a protected series or registered series of a domestic limited liability company is not liable for the debts, obligations or liabilities of such company or any other series thereof solely by reason of the neglect, refusal or failure of another series to pay an annual tax or by reason of another series ceasing to be in good standing. Section 19. This section provides that the proposed amendments to the Act shall become effective August 1, 2019.

AN ACT TO AMEND CHAPTER 15, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY PARTNERSHIPS.

This bill continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 15-101 of the Act to include definitions for “document” and “electronic transmission.” These terms appear in new Section 15-124 among other places in the Act. “Electronic transmission” previously was defined in Section 15-407(d) of the Act, and the new definition provides specific statutory authority for Delaware partnerships to use networks of electronic databases (examples of which are described currently as “distributed ledgers” or a “blockchain”) for “electronic transmissions.” Section 2. This section amends Section 15-108(c) of the Act to provide that the name of a partnership must be such as to distinguish it from the name of any registered series of a limited partnership formed under the laws of the State of Delaware. Section 3. This section amends Section 15-111(d) of the Act to provide that if a partnership’s statement of partnership existence has been cancelled pursuant to Section 15-1209 of the Act or statement of qualification has been revoked pursuant to Section 15-1003 of the Act, its registered agent may resign without appointing a successor registered agent. The amendment also adds requirements regarding the content and form of the certificate of resignation filed with the Delaware Secretary of State when the registered agent resigns without appointing a successor, and provides that such information regarding the communications contact that must be included in such a certificate shall not be deemed public. Section 4. This section adds new Section 15-124 of the Act, which establishes non-exclusive, safe harbor methods to reduce certain acts or transactions to a written or electronic document and to sign and deliver a document manually or electronically. The terminology in Section 15-124(a) is based on analogous provisions in existing Section 15-407(d) of the Act, the Delaware Uniform Electronic Transactions Act (“UETA”), and the Model Business Corporation Act, with modifications. Section 15-124(a) permits partnership transactions (such as entering into agreements of merger not filed with the Secretary of State) to be documented, signed and delivered through “Docusign” and similar electronic means. The Section 15-124(a) safe harbor provisions apply solely for purposes of determining whether an act or transaction has been documented, and whether a document has been signed and delivered, in accordance with the Act and the partnership agreement. Section 15-124(a) does not preempt any statute of frauds or other law that might require actions be documented, or that documents be signed and delivered, in a specified manner. Section 15-124(a) clarifies how its provisions operate in connection with a transaction conducted pursuant to UETA. To the extent UETA does not apply to a transaction (under Section 12A-103 of UETA) because the transaction is governed by the Act, the parties to the transaction can satisfy the Act by complying with Section 15-124(a). Section 15-124(b) addresses certain actions and documents that are not governed by Section 15-124(a). There is no presumption that these excluded items are prohibited from being effected by electronic or other means, but Section 15-124 may not be relied on as a basis for documenting an act or transaction, or signing or delivering a document, if the exclusions set forth in Section 15-124(b) apply. Certain of these excluded items are governed by separate provisions that facilitate the use of electronic media, including documents filed with the Secretary of State (governed by Section 15-105(c)). Section 15-124(b) permits partnership agreement provisions that restrict the use of Section 15-124(a), but those restrictions must be expressly stated. A provision merely specifying that an act or transaction will be documented in writing, or that a document will be signed or delivered manually, will not prohibit the application of Section 15-124(a). Section 15-124(c) addresses the interaction between the provisions of the Act and the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). Section 15-124(c) evidences an intent to allow the Act to govern the documentation of actions, and the signature and delivery of documents, to the fullest extent the Act is not preempted by the E-Sign Act. Section 5. This section amends Sections 15-403(c) of the Act to provide specific statutory authority for Delaware partnerships to use networks of electronic databases (examples of which are described currently as “distributed ledgers” or a “blockchain”) for the creation and maintenance of partnership records. Section 6. This section amends Section 15-407(d) of the Act to conform with the addition of the defined term “electronic transmission” in Section 15-101. Section 7. This section amends Section 15-1207(a)(4) of the Act to provide for the fee payable where the Secretary of State provides the copies of the document to be certified, Section 15-1207(a)(5) to clarify that the fee payable thereunder is for copies that are not certified by the Secretary of State, Section 15-1207(a)(8) to provide for the fee payable for a written report of a record search, and Section 15-1207(a)(9) to provide for the fee payable for any certificate issued via the Secretary of State’s online services. Section 8. This section provides that the proposed amendments to the Act shall become effective August 1, 2019.

AN ACT TO AMEND CHAPTER 17, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED PARTNERSHIPS.

This bill continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 17-101 of the Act in several respects. New definitions are added for “document” and “electronic transmission,” which terms appear in new Section 17-113 among other places in the Act. This section also amends the definitions of “general partner” and “limited partner.” The changes to the definition of “general partner” confirm that the term includes a general partner of the limited partnership generally and a general partner associated with a series of the limited partnership, and the changes to the definition of “limited partner” confirm that the term includes a limited partner of the limited partnership generally and a limited partner associated with a series of the limited partnership. This section also amends Section 17-101 to include definitions for “series,” “protected series” established in accordance with Section 17-218(b) of the Act, and “registered series” formed in accordance with Section 17-221 of the Act. Section 2. This section amends Section 17-102(3) of the Act to provide that the name of a limited partnership must be such as to distinguish it from the name of any registered series of a limited partnership, and also amends Section 17-102(4) to confirm that the name of a limited partnership may contain the words “public benefit.” Section 3. This section amends Section 17-103 of the Act to provide that the exclusive right to the use of a name for a registered series of a limited partnership may be reserved by a person intending to form such a registered series in accordance with Section 17-221 and to adopt that name pursuant to Section 17-221(e) of the Act. Section 4. This section amends Section 17-104(d) of the Act to provide that if a limited partnership’s certificate of limited partnership has been cancelled pursuant to Section 17-1110 of the Act, its registered agent may resign without appointing a successor registered agent. The amendment also adds requirements regarding the content and form of the certificate of resignation filed with the Delaware Secretary of State when the registered agent resigns without appointing a successor, and provides that such information regarding the communications contact that must be included in such a certificate shall not be deemed public. This section also amends Sections 17-104(d) and 17-104(e) of the Act to include references to protected series and registered series, as appropriate, and amends Section 17-104(g) to conform with the addition of the defined term “electronic transmission” in Section 17-101. Sections 5. This sections amends Section 17-105 of the Act to include references to protected series and registered series, as appropriate. Section 6. This section adds new Section 17-112 of the Act to provide that, upon motion by the Attorney General, the Court of Chancery may cancel the certificate of limited partnership of any domestic limited partnership for abuse or misuse of its limited partnership powers, privileges or existence. Section 7. This section adds new Section 17-113 of the Act, which establishes non-exclusive, safe harbor methods to reduce certain acts or transactions to a written or electronic document and to sign and deliver a document manually or electronically. The terminology in Section 17-113(a) is based on analogous provisions in existing Sections 17-302(e) and 17-405(d) of the Act, the Delaware Uniform Electronic Transactions Act (“UETA”), and the Model Business Corporation Act, with modifications. Section 17-113(a) permits limited partnership transactions (such as entering into agreements of merger not filed with the Secretary of State) to be documented, signed and delivered through “Docusign” and similar electronic means. The Section 17-113(a) safe harbor provisions apply solely for purposes of determining whether an act or transaction has been documented, and whether a document has been signed and delivered, in accordance with the Act and the partnership agreement. Section 17-113(a) does not preempt any statute of frauds or other law that might require actions be documented, or that documents be signed and delivered, in a specified manner. Section 17-113(a) clarifies how its provisions operate in connection with a transaction conducted pursuant to UETA. To the extent UETA does not apply to a transaction (under Section 12A-103 of UETA) because the transaction is governed by the Act, the parties to the transaction can satisfy the Act by complying with Section 17-113(a). Section 17-113(b) addresses certain actions and documents that are not governed by Section 17-113(a). There is no presumption that these excluded items are prohibited from being effected by electronic or other means, but Section 17-113 may not be relied on as a basis for documenting an act or transaction, or signing or delivering a document, if the exclusions set forth in Section 17-113(b) apply. Certain of these excluded items are governed by separate provisions that facilitate the use of electronic media, including documents filed with the Secretary of State (governed by Section 17-206(a)). Section 17-113(b) permits partnership agreement provisions that restrict the use of Section 17-113(a), but those restrictions must be expressly stated. A provision merely specifying that an act or transaction will be documented in writing, or that a document will be signed or delivered manually, will not prohibit the application of Section 17-113(a). Section 17-113(c) addresses the interaction between the provisions of the Act and the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). Section 17-113(c) evidences an intent to allow the Act to govern the documentation of actions, and the signature and delivery of documents, to the fullest extent the Act is not preempted by the E-Sign Act. Section 8. This section amends Section 17-203 of the Act to include a reference to new Section 17-112 of the Act, a reference to a certificate of division, and references to registered series. Section 9. This section amends Section 17-204 of the Act to provide for the manner in which a certificate of division, a certificate of registered series, a certificate of conversion of registered series to protected series, a certificate of amendment of certificate of registered series, a certificate of correction of certificate of registered series, a certificate of conversion of protected series to registered series, a certificate of merger or consolidation of registered series, a certificate of cancellation of certificate of registered series, and a certificate of revival of registered series must be executed. Section 10. This section amends Section 17-206 of the Act to simplify its language and to include references to registered series and protected series and related certificates, to a certificate of division, and to new Sections 17-112 and 17-1112 of the Act. Section 11. This section amends Section 17-207 of the Act to simplify its language and to provide for recovery in the specified circumstances from any general partner that filed the certificate containing a materially false statement. Section 12. This section amends Section 17-208 of the Act to include references to new Sections 17-1202 and 17-221 of the Act and to registered series. Section 13. This section amends Section 17-210 of the Act to include references to registered series. Section 14. This section amends Section 17-211(a) of the Act relating to merger and consolidation to include a cross-reference to new Sections 17-220, 17-222, 17-223, and 17-224 of the Act, which refer to “other business entity” as defined in Section 17-211(a). Section 15. This section amends Section 17-212 of the Act to provide that a plan of division may provide for contractual appraisal rights and that contractual appraisal rights may be made available in connection with any merger or consolidation in which a registered series is a constituent party, any division of the limited partnership, any conversion of a protected series to a registered series of the limited partnership, and any conversion of a registered series to a protected series of the limited partnership. Section 16. This section amends Section 17-218 of the Act relating to series of limited partnerships to clarify certain provisions, including those relating to a protected series of a limited partnership. Section 17. This section adds new Section 17-220 of the Act to enable a limited partnership to divide into one or more newly formed limited partnerships with the dividing partnership continuing its existence or terminating its existence, as the case may be. Section 18. This section adds new Section 17-221 of the Act to authorize the formation of a registered series of a limited partnership by complying with such Section. Registered series are associations and are formed by the filing of a certificate of registered series and, therefore, have the attributes required to be “registered organizations” under the Uniform Commercial Code. Registered series formed under Section 17-221 of the Act also have the same rights and powers and the same inter-series limitation on liability as protected series established under Section 17-218(b) of the Act. Section 19. This section adds new Section 17-222 of the Act to enable a protected series of a limited partnership to convert to a registered series of such limited partnership. Section 20. This section adds new Section 17-223 of the Act to enable a registered series of a limited partnership to convert to a protected series of such limited partnership. Section 21. This section adds new Section 17-224 of the Act to provide that one or more registered series of a limited partnership may merge or consolidate with or into one or more other registered series of such limited partnership. Section 22. This section amends Section 17-301 of the Act to add a new subsection (b)(4) that clarifies in connection with a division the mechanics for the admission of a limited partner to a division partnership or to a limited partnership that is not a division partnership in the division. Sections 23 and 24. These sections amend Section 17-302(e) and 17-405(d) of the Act to conform with the addition of the defined term “electronic transmission” in Section 17-101. Section 25. This section amends Section 17-1107(a)(3) of the Act to provide for the fee payable to the Delaware Secretary of State for the filing of certain certificates pursuant to the Act, Section 17-1107(a)(4) to provide for the fee payable where the Secretary of State provides the copies of the document to be certified, Section 17-1107(a)(5) to clarify that the fee payable thereunder is for copies that are not certified by the Secretary of State, Section 17-1107(a)(9) to provide for the fee payable for a written report of a record search, and Section 17-1107(a)(10) to provide for the fee payable for the issuance of a good standing certificate for a registered series, a certificate that recites all of the filings of any registered series, a certificate that lists all of the registered series formed by a limited partnership, and any certificate issued via the Secretary of State’s online services. Sections 26, 27 and 28. These sections amend Section 17-1109, 17-1110, and 17-1111 of the Act to include references to protected series and registered series, as appropriate. Section 29. This section adds new Section 17-1112 of the Act to provide for the revival of a registered series whose certificate of registered series has been canceled pursuant to Section 17-1110(b) of the Act. Section 30. This section adds a new subchapter XII providing for the formation of statutory public benefit limited partnerships which, like public benefit corporations, are intended to produce a public benefit or public benefits and to operate in a responsible and sustainable manner. Section 31. This section provides that the proposed amendments to the Act shall become effective August 1, 2019.

AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.

Section 1. Section 1 of this Act amends Section 108(b) to clarify that notice of an initial organization meeting may be given in writing or by electronic transmission. The amendments also eliminate the express requirement that a waiver of that notice be signed, to clarify that notice may be waived in any manner permitted by Section 229. Section 108(c) is being amended to clarify that a consent of incorporator may become effective in the future in the same manner that a consent of directors may become effective in the future under Section 141(f). Section 2. Section 2 of this Act amends Title 8 to insert a new Section 116. New Section 116(a) establishes non-exclusive, safe harbor methods to reduce certain acts or transactions to a written or electronic document and to sign and deliver a document manually or electronically. The terminology in Section 116(a) is based on analogous provisions in Section 232, the Delaware Uniform Electronic Transactions Act (“UETA”) and the Model Business Corporation Act, with modifications. Section 116(a) permits corporate transactions (such as entering into agreements of merger not filed with the Secretary of State, voting agreements among stockholders and statutory voting trusts) to be documented, signed and delivered through “Docusign” and similar electronic means. The Section 116(a) safe harbor provisions apply solely for purposes of determining whether an act or transaction has been documented, and whether a document has been signed and delivered, in accordance with the DGCL and a corporation’s certificate of incorporation and bylaws. Section 116(a) does not preempt any statute of frauds or other law that might require actions be documented, or that documents be signed and delivered, in a specified manner. Section 116(a) clarifies how its provisions operate in connection with a transaction conducted pursuant to UETA. To the extent UETA does not apply to a transaction (under Section 12A-103 of UETA) because the transaction is governed by the DGCL, the parties to the transaction can satisfy the DGCL by complying with Section 116(a). Section 116(b) addresses certain actions and documents that are not governed by Section 116(a). There is no presumption that these excluded items are prohibited from being effected by electronic or other means, but Section 116 may not be relied on as a basis for documenting an act or transaction, or signing or delivering a document, if the exclusions set forth in Section 116(b) apply. Many of these excluded items are governed by separate provisions that facilitate the use of electronic media, including documents filed with the Secretary of State (governed by Section 103(h)), documents comprising part of the stock ledger (governed by Section 119), notices (governed by Section 232, in the case of stockholder meetings), waivers of notice (governed by Section 229) and actions taken by directors, stockholders or incorporators (governed by Sections 141(f), 228(d) and 108(c), respectively). Section 116(b) permits certificate of incorporation and bylaw provisions that restrict the use of Section 116(a), but those restrictions must be expressly stated. A provision merely specifying that an act or transaction will be documented in writing, or that a document will be signed or delivered manually, will not prohibit the application of Section 116(a). Section 116(c) addresses the interaction between the provisions of the DGCL and the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). Section 116(c) evidences an intent to allow the DGCL to govern the documentation of actions, and the signature and delivery of documents, to the fullest extent the DGCL is not preempted by the E-Sign Act. Section 3. Section 3 of this Act amends Section 136(a) to permit a registered agent of a Delaware corporation, including a corporation which has become void pursuant to Section 510 of this title, to resign by filing a certificate of resignation. It further adds the requirement to include the last known information for a communications contact for the affected corporation, as last provided to the registered agent pursuant to Section 132(d) of Title 8. The communications contact information will not be deemed public, and falls within the exception set forth in Section 10002(l)(6) of Title 29 to the definition of “public record” for purposes of the Freedom of Information Act (29 Del. C. §§ 10001 et. seq.). This section clarifies that the Secretary of State shall provide the form to be used for certificates to be filed under Section 136(a). Section 4. Section 4 of this Act amends Section 141(f) to clarify that action by unanimous consent of directors may be treated as taken before the consents relating to the action are filed in a minute book. Section 5. Section 5 of this Act amends Section 160(d). As a result of the clarifying amendment to Section 160(d), a notice of redemption may be given in the form, and delivered in the manner, permitted by amended Section 232. Section 6. Section 6 of this Act amends Section 163. As a result of the clarifying amendments to Section 163, a notice requiring payment on partly paid shares of capital stock may be given in the form, and delivered in the manner, permitted by amended Section 232. Section 7. Section 7 of this Act amends Sections 212(c) and 212(d) to conform to Section 116, to use the term “document” consistently in each of those sections and to clarify that a proxy may be documented, executed and delivered in accordance with Section 116(a). The amendments to Sections 212(c) and 212(d) also eliminate references to proxies given by telegram and cablegram because those methods of granting proxies are included in the definition of electronic transmission. Section 8. Section 8 of this Act amends Section 222(a) and Section 222(b) to delete the requirement that a corporation must give stockholders a notice of meeting in writing, in order to conform these provisions to amended Section 232, which allows a notice of meeting to be given in writing or by electronic mail. The amendments to Section 222(b) delete the provisions on how a notice of meeting is delivered to stockholders because delivery is addressed by amended Section 232. Section 9. Section 9 of this Act amends Section 228(d) to expand the methods of delivery of consents given by electronic transmission. The amendments to Section 228(d) also eliminate redundant terms, including eliminating references to consents given by telegram or cablegram because those methods of giving consents are already included in the definition of an electronic transmission. Section 10. Section 10 of this Act amends Section 230(c). Amended Section 230(c) provides that if a corporation has an electronic mail address for a stockholder or member, and notice by electronic mail is permitted by Section 232, then the corporation is not relieved of the obligation to send that stockholder or member notices pursuant to the returned mail exception to notice provided in Section 230(b). Section 11. Section 11 of this Act amends Section 232. New Section 232(a) addresses the default means of giving notices to stockholders. As amended, notices may be given to stockholders by mail (in the same manner as permitted by the provisions formerly included in Section 222(b)), courier or electronic mail. Section 232(a) applies to any notice that is required to be given under chapter 1 of Title 8, or under the certificate of incorporation or bylaws. Accordingly, no provision of the certificate of incorporation or bylaws (including any provision requiring notice to be in writing or mailed) may prohibit the corporation from giving notice in the form, or delivering notice in the manner, permitted by Section 232(a). The amendments enabling notice by electronic mail to stockholders apply solely for purposes of chapter 1 of Title 8, the certificate of incorporation and the bylaws, and do not affect, limit or eliminate or override the application of any other law, rule or regulation applicable to a corporation or by which such corporation or its securities may be bound (including any obligations of a corporation prescribed by Regulation 14A or Regulation 14C promulgated under the Securities Exchange Act of 1934). Section 232(b) (formerly designated as Section 232(a)) is being amended to provide that a stockholder need not specifically consent to receiving notices by electronic mail because new Section 232(a) governs notice given by electronic mail. Section 232(d) (formerly designated as Section 232(c)) includes new definitions for electronic mail and electronic mail address, which are based on similar terms defined in the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, (codified at 15 U.S.C. §§ 7701 et seq.). The CAN-SPAM Act established requirements for the distribution of commercial electronic mail messages. Section 232(e) (which is similar to provisions that formerly appeared in Section 232(a)) prohibit notice from being given by electronic transmission after the corporation becomes aware that two consecutive notices were not successfully delivered by such transmission. Section 232(f) includes provisions (similar to the provisions formerly in Section 222(b) and Section 232(b)) for transmittal affidavits that serve as prima facie evidence that notice has been given to stockholders. Section 232(g) (formerly designated as Section 232(e)) identifies certain types of notices that must continue to be given in the manner specified by those provisions addressed in Section 232(g). Section 12. Sections 12 through 14 and Sections 16, 17 and 19 of this Act amend Sections 251, 253, 255, 266, 275 and 390, respectively. Sections 251(b) and 255(b) are being amended to permit any authorized person to execute an agreement of merger or consolidation, except that any agreement filed with the Secretary of State must be executed by a person, and in the manner, authorized by Section 103. As a result of clarifying amendments to Sections 251(c), 253(a), 255(c), 266(b), 275(a) and 390(b), the notices of stockholder meeting contemplated by those sections may be given in the form, and delivered in the manner, permitted by amended Section 232. Section 13. Section 15 of this Act amends Section 262. Section 262(d) is being amended to clarify its notice provisions and conform those provisions to amended Section 232(a). As a result of these clarifying amendments, a corporation may deliver a notice of appraisal rights by courier or electronic mail, instead of delivering the notice by mail. Section 262(d) is also being amended to permit the delivery of demands for appraisal by electronic transmission, but only if the corporation expressly designates, in the notice of appraisal rights given by the corporation, an information processing system for receipt of electronic delivery of demands. Among other things, this amendment permits a corporation to designate an electronic mail address for purposes of receiving a stockholder demand for appraisal. Section 262(e) is being amended to clarify that a request for a statement of the number of shares and holders entitled to appraisal may be given by electronic transmission. Amended Section 262(e) also clarifies that such statement need not be mailed and instead may be given by the corporation in any manner permitted by amended Section 232(a). The amendments to Section 262 shall be effective with respect to agreements of merger or consolidation consummated pursuant to an agreement entered into on or after August 1, 2019. Section 14. Section 18 of this Act amends Section 313(a) to provide that Section 313 applies to an exempt corporation whose certificate of incorporation or charter has become forfeited pursuant to Section 136(b) for failure to obtain a registered agent. Section 15. Section 20 of this Act amends Section 391(a)(11) to provide for the fee payable to the Delaware Secretary of State for any certificate issued via the Secretary of State’s online services, and Section 391(a)(16) to increase the fee payable to the Delaware Secretary of State for a written report of a record search. Section 16. Section 21 of this Act amends Section 503(h) to reflect fee increases to the alternative minimum amount of annual franchise tax payable by a regulated investment company for each $1,000,000, or fraction thereof in excess of $1,000,000, of the company’s average gross assets during the taxable year, and increases the maximum annual franchise tax payable by a regulated investment company. Section 17. Sections 22 through 24 of this Act relate to the effectiveness of the amendments to Title 8. Section 22 of this Act provides that Sections 1 through 14 and Sections 16 through 20 of this Act are effective on August 1, 2019. Section 23 of this Act provides that Section 15 of this Act (relating to the amendments to Section 262) are effective only with respect to a merger or consolidation consummated pursuant to an agreement entered into on or after August 1, 2019. Section 24 of this Act provides that Section 21 of this Act (relating to the amendments to Section 503(h)) are effective for the tax year beginning on January 1, 2019.

AN ACT TO AMEND THE CHARTER OF GEORGETOWN RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of Georgetown to give the Town Council the authority to impose and collect a lodging tax, as permitted by § 908 of Title 22.

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

This bill clarifies that in order to be found guilty of prostitution the person must be 18 years or older.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EXCEPTIONS TO SELLING OR POSSESSING FIREWORKS.

Diwali is a 5-day festival of lights, celebrated by millions of Hindus, Sikhs, and Jains across the world. The dates for Diwali change each year, but it usually falls in October or November. Fireworks are an essential component of Diwali and the third day of Diwali is the height of the festival. In recognition of the many Indo-Americans living in Delaware, this Act permits the sale and possession of sparklers and ground-based sparkling devices during a 30-day period before and including the third day of Diwali and the use of these items on the third day of Diwali.

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

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

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

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

THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2020.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2020.

THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2019.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2019.

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

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

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

This Bill is the Fiscal Year 2020 Appropriations Act.

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

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

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR MOTORCYCLES.

This Act authorizes the Division of Motor Vehicles (“Division”) to issue special registration plates to motorcycle clubs without having to enact a special law for each request. A motorcycle club must have 50 applications for its special registration plate before the Division is required to issue a special registration plate; however, the requirement is reduced to 25 for certain motorcycle clubs. This Act is limited to owners of a motorcycle who are members of a motorcycle club and have completed or are enrolled in, and complete, an experienced rider course. This Act assesses a 1-time, $20 fee, $10 of which must be deposited by the Division into a special account to be used by the Division only for the expenses incurred in the administration of the motorcycle rider education program.

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

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

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING.

This bill clarifies the options for becoming licensed as a master barber. In particular, a cosmetologist will be able to become licensed as a master barber after one year of post-licensure work experience and a 35-hour course in shaving. The reciprocity provision requires that an applicant from a state with less stringent licensure requirements than those of Delaware have work experience. The provision has been amended to require one continuous year of licensed experience obtained within the 5 years immediately preceding application. This amendment will address the ongoing challenge where applicants from neighboring states have difficulty becoming licensed in Delaware. The limitation on daily work hours has been stricken. Part-time applicants at times need to work more than 10 hours per day to meet licensure requirements. The 40 hours per week cap remains. The apprenticeship provision has been amended to permit a licensed instructor to supervise up to 5 apprentices. Revisions clarify that only temporary hair removal is within the scope of practice for cosmetologists and aestheticians. Finally, the reinstatement provision has been revised to provide that, if a licensee has not renewed his or her license within 5 years, that licensee can apply for reinstatement by taking the practical examination again.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PRESCRIPTIONS.

This Bill requires Podiatrists, Dentists, Doctors, Nurses and Optometrists who issue prescriptions to utilize electronic prescriptions except under certain exceptions.

AN ACT TO AMEND TITLE 5 AND TITLE 6 OF THE DELAWARE CODE RELATING TO BANKS, OTHER FINANCIAL INSTITUTIONS, AND THE RATE OF INTEREST ON CERTAIN DEBT.

This Act amends various chapters under Title 5 to facilitate the modernization of certain practices and procedures at the Office of the State Bank Commissioner. In particular, this Act authorizes the State Bank Commissioner to require applicants for financial services licenses for mortgage loan brokers (Chapter 21), licensed lenders (Chapter 22), money transmitters (Chapter 23), check cashers (Chapter 27) and motor vehicle sales finance companies (Chapter 29) to provide fingerprints for purposes of criminal background checks. Mortgage loan originators licensed by the State Bank Commissioner pursuant to Chapter 24 already are required to provide fingerprints in connection with license applications, and many other states also require criminal background checks for other types of financial services licensees. This Act also authorizes the State Bank Commissioner to expand the Office's participation in a multi-state automated licensing system, by using that system to process license applications for money transmitters, check cashers, and motor vehicle sales finance companies. That same system is currently used for processing license applications for mortgage loan brokers, licensed lenders, and mortgage loan originators. Lastly, this Act establishes a sunset provision of July 1, 2019 for §2509E of Title 6 concerning the maximum rate of interest on debts for federal workers in response to a federal government shutdown.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE CREATING A PSYCHOLOGY INTERJURISDICTIONAL COMPACT.

This Act, the Psychology Interjurisdictional Compact (PSYPACT), is an interstate compact designed to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state boundaries. PSYPACT has become operational as at least seven states have enacted PSYPACT legislation. Through PSYPACT, licensed psychologists are able to apply for and use Association of State and Provincial Psychology Boards (ASPPB) certificates, which include the E.Passport to practice telepsychology and the Interjurisdictional Practice Certificate (IPC) to conduct temporary in-person, face-to-face practice in PSYPACT states.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PETITIONS FOR CHANGE OF NAME.

Currently, Family Court has jurisdiction over name changes for minors when considered in conjunction with establishing parentage, as well as adult name resumption related to divorce proceedings. Outside of that context, a name change must be filed in the Court of Common Pleas. This bill provides for Family Court to assume jurisdiction over all minor name change petitions, as recommended by the Jurisdiction Improvement Committee established by the Delaware Supreme Court Order of November 7, 2017. The bill exempts the name change matters in Family Court from newspaper publication requirements. Under the bill, the Court of Common Pleas retains its jurisdiction over other adult name change petitions.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE DIVISION OF UNEMPLOYMENT COMPENSATION.

This bill would increase the maximum weekly benefit amount that would be payable to claimants seeking unemployment compensation benefits from the Delaware Division of Unemployment Insurance from $330 a week to $400 a week. The funds necessary to pay the increased weekly benefit amounts would be paid from the Unemployment Trust Fund. This bill would also freeze the taxable wage base used by employers to determine what portion of employee’s wages are subject to unemployment insurance tax assessments, for the period July 1, 2019 to October 29, 2020, to allow the Division of Unemployment Insurance and the Unemployment Compensation Advisory Council to analyze whether to revise the taxable wage base formula into the future.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE RECOUPMENT OF OVERPAYMENT OF BENEFITS.

This Act disqualifies an individual who obtained an overpayment of benefits through fraud from receiving future unemployment benefits until the total overpayment, penalties, and interest are repaid in full. This change does not apply to fraud overpayments established by final decision before the effective date of this Act. This Act also broadens the manner in which a notice of overpayment may be delivered and removes the 5 year deadline for filing actions to collect overpayments due to the Department. This Act takes effect 60 days after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING THE DELIVERY OF NOTICES BY THE DELAWARE DIVISION OF UNEMPLOYMENT COMPENSATION.

This Act allows the Department of Labor ("Department") to deliver notice by methods other than through mail to reduce costs by using e-mail delivery for certain notices and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 4, TITLE 10, TITLE 11, AND TITLE 16 OF THE DELAWARE CODE RELATING EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION.

In our modern society, a criminal record can limit a person’s opportunities and the quality of life they can achieve for themselves and their families for years, and even decades, after that person has completed the terms of the criminal sentence imposed. Even the existence of an arrest record with no conviction can limit job opportunities, housing, access to higher education, credit, and access to jobs that require professional licensing. The General Assembly has expanded the availability of expungement for juvenile adjudications of delinquency quite dramatically in recent years, in recognition that people can and do change and move beyond mistakes of their past. The intent of this Act is to extend that same recognition to some categories of adult records of arrest and conviction. At present, Delaware allows adults to petition to have a record expunged in only 2 circumstances: (1) for an arrest that did not lead to conviction and (2) after a pardon is granted – but for certain misdemeanor offenses only. Under this Act, a person may have a record expunged through a petition to the State Bureau of Identification (SBI) for (1) charges resolved in favor of the petitioner; (2) a record that includes violations only after the passage of 3 years; and (3) some misdemeanors after 5 years. Excluded from this SBI-only expungement process are convictions for any misdemeanor crimes of domestic violence, misdemeanor crimes where the victim is a child or a vulnerable adult, and unlawful sexual contact in the third degree. Allowing expungements for arrests without convictions and minor, isolated convictions through an application to the SBI will ease the burden on the courts and the Board of Pardons. This Act also provides that the court may grant a petition for expungement upon a showing of “manifest injustice” in the following situations: (1) 3 years have passed since the date of a single misdemeanor conviction; (2) a person has a single conviction in a felony case and 7 years have passed from the date of conviction or release from incarceration, whichever is later; (3) 7 years have passed since conviction or release from incarceration on misdemeanor domestic violence or misdemeanor conviction with child or vulnerable adult victim. A felony conviction for any of the following crimes is not eligible for expungement through this discretionary only expungement process, but may be expunged by a court following a pardon: Title 11 violent felonies; § 1136 of Title 16 (crimes against a resident of a long-term care facility; § 3913 of Title 31 (crimes against an adult who is impaired due to a physical or mental disability); and any “felony conviction involving physical or sexual assault crimes” as defined in the Beau Biden Child Protection Act. The Department of Justice will have an opportunity to state its position on the expungement petition to the court, and is empowered to seek input from any victim in the case. In all cases, the applicant for expungement must have no prior or subsequent convictions (other than traffic offenses, and underage alcohol or marijuana possession) in order to be eligible. A person is not allowed to apply for expungement under this process if an expungement has been granted within the last 10 years. Fines, fees, and restitution must be paid before an expungement may be granted; however, courts are empowered to waive outstanding fines or convert them to a civil judgement if they are unpaid for reasons other than willful noncompliance. Most Title 21 (traffic offenses), including DUI, are ineligible for expungement under this Act. However, traffic offenses (other than DUIs) will also not operate as a bar to the expungement of other charges. The Act strikes provisions in Title 10 relating to expungement of adult records in Family Court and consolidates them with the Title 11 expungement provisions. Conforming changes are made to cross-references in Title 4 and 16. This Substitute Bill differs from Senate Bill No. 37 as follows: (1) Adds Vehicular Assault in the Second Degree, Incest, Coercion, and Unlawfully Dealing with a Child to the list of crimes that can be expunged only if the individual first receives a pardon. That list previously included only Unlawful Sexual Contact in the Third Degree. (2) Makes clear that an expungement does not result in an individual’s automatic removal from the Child Protection Registry or the Adult Abuse Registry. (3) Adds certain misdemeanor property crimes to the list of misdemeanor crimes of domestic violence that may be expunged only through the discretionary expungement process. (4) Permits the State Bureau of Identification to continue to promulgate regulations and impose fees for mandatory expungements under § 4373 of Title 11. This change also makes a technical correction to conform the existing law to the standards of the Delaware Legislative Drafting Manual. (5) Gives the Department of Justice additional time to answer a petition for discretionary expungement so that the Department has sufficient time to contact the victim of the crime. (6) Permits the victim of the crime to provide a written statement to the court when a defendant seeks a discretionary expungement and to testify at a hearing if one is held. (7) Requires, as part of the Victims’ Bill of Rights, that the Department of Justice to provide notice to the victim that the defendant is seeking a discretionary expungement; that the victim may provide a statement or testify, if a hearing is held; of the date, time, and place of any hearing; and of the court’s decision on the expungement petition. (8) Makes the following crimes not eligible for discretionary expungement following a pardon: Manslaughter, Murder in the Second Degree, Murder in the First Degree, Rape in the Second Degree, Rape in the First Degree, and Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree. (9) Includes references to the First Offender Domestic Violence Diversion Program, under § 1024 of Title 10, so that expunged records related to this program may be accessed by criminal justice agencies to determine if an individual is eligible for the program. (10) Permits law-enforcement to access expunged records in any criminal investigation, not just a felony investigation. (11) Permits criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of Title 11 to access expunged records. (12) Makes clear that an expungement does not require the destruction of DNA taken under § 4713 of Title 29. (13) Allows the use of an expunged record in sentencing for a subsequent offense or on application for a pardon of a subsequent offense. (14) Makes clear that it is the State Bureau of Identification’s responsibility to inform federal law-enforcement of an order of expungement. (15) Makes clear that the 10 year waiting period for a subsequent expungement does not apply to an individual who is seeking a mandatory expungement because the case was terminated in the individual’s favor. (16) Removes language that would preclude an individual from obtaining an expungement if the individual has a prior or subsequent driving under the influence offense. (17) Makes an additional conforming change to remove § 1027 of Title 10, which is obsolete based on the change to § 1025 of Title 10. (18) Makes technical corrections, including to correct an internal reference and add an existing section heading to the Act for clarity. Finally, this Act is to be known as the Adult Expungement Reform Act and implementation of the Act is delayed for 180 days to allow State agencies to prepare necessary procedures and forms.

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

This Act establishes in-person early voting in Delaware beginning January 1, 2022. Registered voters will be allowed to vote in-person during at least 10 days before an election, up to and including the Saturday and Sunday immediately before the election at locations determined by the State Election Commissioner. This Act also charges the State Election Commissioner with determining whether such voting should occur by voting machine or paper ballot. All other procedures relating to conducting voting are the same as for general election voting. Further, this Act requires that for statewide elections there must be at least 1 in-person polling place in each county, and an additional location in the City of Wilmington.

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.

This Bill is the Fiscal Year 2020 Bond and Capital Improvements Act.

AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2020; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING THE FISCAL YEAR 2020 APPROPRIATIONS ACT; AND AMENDING CERTAIN STATUTORY PROVISIONS.

This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2020. Section 1 – Government Units and Senior Center $25,814,321 Section 2 – One-Times and Community Agencies $21,951,119 Section 3 – Fire Companies $6,929,686 Section 4 – Veterans Organizations $358,646 GRAND TOTAL $55,053,772

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF GUARDIANS AND THE OFFICE OF THE PUBLIC GUARDIAN.

This Act allows the Public Guardian to act as a representative payee for Social Security benefits or as a VA fiduciary for Department of Veterans Affairs benefits. This Act also allows the Court to appoint a guardian with limited powers, to act as guardian for specific areas of decision-making or for a specific term. By making these changes, this Act will allow the Public Guardian to serve in a more limited role where appropriate, and assist more Delawareans who need short-term assistance, such as to qualify for Medicaid in order to arrange for long-term care or to handle routine financial matters but not make decisions about the care of the person. The ability to serve in a more limited role will increase the Public Guardian's capacity to assist people while the Non-Acute Patient Medical Guardianship Task Force studies options and develops recommendations to improve non-acute patient transitions from acute care settings to more appropriate locations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. House Substitute No. 1 for House Bill No. 123 differs from House Bill No. 117 by clarifying that limited guardianships can be ordered for specific purposes, the process for terminating a limited guardianship, and that the Public Guardian serves as a representative payee or VA Fiduciary of last resort.

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE FAMILY COURT ADJUDICATED DRUG COURT PROGRAM.

This Act is a recommendation following the comprehensive analysis of the Family Court Adjudicated Drug Court Program conducted by Family Court, the Department of Services for Children, Youth and their Families, the Department of Justice, and the Office of Defense Services. Repeal of the Family Court Adjudicated Drug Court Program is also supported by the Government Efficiency and Accountability Review Board as noted in its 2018 Annual Report. After a comprehensive analysis of the program, it was determined that the Division of Youth Rehabilitative Services (YRS) had implemented practices, including the use of an assessment tool, that are identifying and then effectively and efficiently addressing the needs of justice involved youth with substance use disorders. The review found that YRS’ active case management practices allowed YRS to be responsive to each child’s service needs and to involve the Court as necessary. Recent juvenile justice reforms, including civil citation, are also keeping many youth from entering the justice system while simultaneously ensuring that any identified substance use disorders are addressed. Given the high level of individualized treatment services and case management youth are currently receiving inside and outside the juvenile justice system, repeal of the program was recommended.

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

This bill updates the real estate appraisers’ practice act to comply with federal law by clarifying the definition of federally-related transaction and adding a definition for federal financial institutions regulatory agencies. Changes to these definitions would render Delaware’s definitions consistent with federal law. Section two of the bill changes the renewal for appraisal management companies (AMC) from every two years to annually to facilitate the renewal procedure for the Division of Professional Regulation. Section three of the bill eliminates the current allowance in Delaware for a revoked or suspended real estate appraiser to have an ownership interest in an AMC, and section four disallows AMCs from removing an appraiser from its appraiser panel without prior notice. Delaware’s law currently allows AMCs to do so if the appraiser was only added to the panel in the previous 60 days. Federal law does not have any such allowance.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.

This Act creates a Deputy Secretary position within the Department of Services for Children, Youth, and Their Families (“Department”) and exempts the position from the Merit System under Chapter 59 of Title 29. The Secretary of the Department may establish the powers, duties, and functions of the Deputy Secretary. This Act removes the limit on qualified persons the Secretary of the Department may appoint as special investigators for the Department. Lastly, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND THE CHARTER OF THE CITY OF DELAWARE CITY RELATING TO THE POWER TO RAISE REVENUE.

This Act amends the Municipal Charter of the City of Delaware City by allowing the Mayor and Council to impose a lodging tax of no more than 3%.