world news SB 142 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ADULT ESTABLISHMENTS.This Act prohibits a new adult entertainment establishment or adult-oriented retail establishment from operating in a building in which an adult entertainment establishment or adult-oriented retail establishment previously operated. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news SB 148 w/ SA 1, SA 2 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.This Act creates the Redding Consortium for Educational Equity ("Consortium"), which replaces the Wilmington Education Improvement Commission ("WEIC"). The Consortium has multiple purposes. First, it will recommend policies and practices to the Governor, General Assembly, and Secretary of Education regarding educational equity and educational outcomes in the City of Wilmington and northern New Castle County. Second, the Consortium will monitor educational progress and outcomes for students in the City of Wilmington and for all low-income, English learners and at-risk students in northern New Castle County and report on the same. Third, the Consortium will make recommendations to the Governor and the General Assembly regarding improvement in public education in the City of Wilmington and northern New Castle County. Fourth, it will evaluate the need for additional or alternative educational facilities in the City of Wilmington. Fifth, it will develop policy proposals to be introduced through legislation to improve teaching and learning in district and charter schools in the City of Wilmington and northern New Castle County. Sixth, it will develop a proposal for redistricting in the City of Wilmington and northern New Castle County. Seventh, it will research the viability of the New Castle County Tax District and Tax Pool. The Act specifies who will be appointed to the Consortium and how it will be staffed. Its first meeting must occur on or before September 1, 2019. Full Article Delaware - Signed
world news SB 147 w/ SA 1 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.This Act allows the Department of Safety and Homeland Security to share accident reports and the data in the reports with the Department of Transportation. This Act also allows the Department of Transportation to provide certain de-identified data from accident reports to limited requestors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news SB 137 w/ SA 1 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNLAWFUL POSSESSION, DISTRIBUTION, DELIVERY, OR SALE OF DRUG MASKING PRODUCTS.This Act creates the crimes of unlawful possession of a drug masking product, punishable as a class A misdemeanor, and unlawful distribution, delivery, or sale of a drug masking product, punishable as a class E felony. Drug masking products are designed to be added to human urine or human hair to defraud alcohol or drug urine screening tests. Full Article Delaware - Signed
world news SB 110 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARCHITECTURAL ACCESSIBILITY BOARD.The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Architectural Accessibility Board was identified as needing updates to make it easier to fill vacancies and generally update language to modern legislative drafting standards. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news SS 1 for SB 14 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF THE PUBLIC ADVOCATE.This Act clarifies that the Public Advocate may appear before any federal or State court or federal or State administrative body in matters involving public utility rates, services, and practices of public utilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Senate Substitute No. 1 for Senate Bill No. 14 differs from Senate Bill No. 14 by allowing the Public Advocate to provide public comment before only State regulatory agencies and commissions and simplifying the language regarding the hiring of attorneys, as needed. Full Article Delaware - Signed
world news SB 44 w/ HA 1 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL.This Act makes the possession or consumption of alcohol by an individual under 21 years of age a civil offense. This Act also prohibits including information concerning a civil violation of the underage possession or consumption law on an individual’s certified criminal record. Full Article Delaware - Signed
world news SB 41 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.This Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10. Full Article Delaware - Signed
world news SB 66 w/ SA 1 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE EMPLOYMENT OF ENFORCEMENT PERSONNEL TO ENFORCE THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL'S DIVISION OF PARKS AND RECREATION'S RULES AND REGULATIONS.This Act enables the Department of Natural Resources and Environmental Control to employ Seasonal Patrol Officers without conferring on the seasonal patrol officers all the powers of investigation, detention, and arrest conferred by law on peace officers or constables under § 4701(a)(8) of Title 7. Seasonal patrol officers will assist the Department's park rangers and have limited powers to enforce the Division of Parks and Recreation's rules and regulations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news SB 51 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO CONTRACTS.The Town Council for the Town of Millsboro determined that the way they award contracts should be improved. The amount that initiates the process is increased from $20,000 to $50,000 to better reflect the current cost of ordinary purchases that the Town must make. This Act also allows the Town of Millsboro to have the ability to award a contract to a bidder other than the lowest bidder while also laying out the factors that the Town Council must use in determining who is a responsive and responsible bidder in accordance with their bid vetting process. Full Article Delaware - Signed
world news HB 247 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND CHAPTER 242, VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO SELLING OR POSSESSING FIREWORKS; EXCEPTIONS.This bill removes the 3 year sunset provision that was part of House Bill No. 53, as amended, enacted on May 10, 2018 of the 149th General Assembly. This will allow the on-going use of certain ground-based and hand-held sparklers. Full Article Delaware - Signed
world news HB 246 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENSES.This bill adds the intentional touching of another person with semen to the definition of sexual contact. By doing so, the act of a person intentionally touching another person with semen without consent becomes the crime of unlawful sexual contact third degree. Full Article Delaware - Signed
world news HB 235 w/ HA 3 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS, AND SALESPERSONS.This Act will prohibit political subdivisions of this State from requiring real estate licensees to obtain an additional business license or pay taxes in order to list property for sellers or represent buyers for the purchase of real estate. Full Article Delaware - Signed
world news HB 234 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.This Act gives the Delaware Secretary of State the authority to promulgate rules and regulations for the implementation of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news HB 231 w/ HA 1 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO LIVESTOCK AT LARGE.This Act authorizes the Department of Agriculture to impose civil penalties consistent with the amounts imposed in other states when livestock have been found to have run at large on the public highways or on unenclosed land within the State. This Act adds a provision as exists in the Delaware False Claims Act, 6 Del. C §1204(f), allowing for the enforcement as judgments of administrative orders that are final and no longer subject to judicial review. Lastly, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news HB 230 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH CARE CLAIMS DATABASE.This Act allows the Delaware Health Information Network ("DHIN") to enter into an appropriate agreement with the State Council for Persons with Disabilities (“SCPD”) to provide access to all claims data reported to the Delaware Health Care Claims Database. The SCPD’s Brain Injury Committee (“BIC”) has been discussing the BIC’s need for data with the DHIN for over a year and the DHIN and the SCPD found that utilizing existing data collection systems is more cost-effective and efficient than setting up a separate registry for Delaware’s Traumatic Brain Injury (“TBI”) patients. Access to current and accurate TBI data from the Delaware Health Care Claims Database will assist the SCPD to do the following: 1. Enhance the ability to identify scope of service needs and gaps in services. 2. Enhance the ability to leverage federal funds because past grant opportunities were denied, in part, because of a lack of reliable and useful Delaware data. 3. Incorporate the use of the data into research studies on the effectiveness of services provided, return on efforts, and cost-effectiveness. Full Article Delaware - Signed
world news HB 222 w/ HA 1, HA 3 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO REORGANIZATION OF SCHOOL DISTRICTS.This Act allows the State Board of Education to change or alter boundaries of reorganized school districts. It allows the State Board of Education to do so based upon redistricting recommendations from the newly formed Redding Consortium for Educational Equity ("Consortium"). It requires the Consortium to provide its recommendations through a transition, resource, and implementation plan for redistricting, the contents of which are specified in the Act. Full Article Delaware - Signed
world news HB 207 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNDERGROUND AND ABOVEGROUND STORAGE TANKS.This Act expands the applicability of the Delaware Brownfields Development Program, Subchapter II, Chapter 91 of Title 7, by providing protection from liability for releases of regulated substances from underground storage tanks and aboveground storage tanks to any person approved as a Brownfields Developer who enters into a Brownfields Development Agreement, and otherwise meets the requirements of the Brownfields Development Program. Full Article Delaware - Signed
world news HB 143 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLES 18 AND 21 OF THE DELAWARE CODE RELATING TO AUTOMOBILE INSURANCE POLICIES.Section 1 of this Act clarifies the definition of the term “policy” for purposes of §§ 3903-3907 of Title 18 of the Delaware Code to apply only to personal automobile insurance policies and not commercial or other types of policies. Section 2 of this Act extends the amount of notice that an insurer must provide to a private passenger policyholder before cancelling an automobile policy for nonpayment of premium from 10 to 15 days. Section 3 of this Act sets standards for cancellation and nonrenewal notice requirements for commercial automobile policies. Section 4 of this Act is a housekeeping item and adds cross reference in Title 21 to the newly-created section 3920 for commercial policies. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news HB 131 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LOTTERIES.This bill reduces the required number of meetings that the Advisory Council on Video Lottery Planning and the Advisory Council on Charitable Gaming Planning must hold each calendar year and authorizes the Lottery Director to add certain sports lottery players to an involuntary exclusion list by order. Full Article Delaware - Signed
world news HB 191 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL JURISDICTION.This Act increases the civil jurisdictional limit for the Court of Common Pleas from $50,000 to $75,000, as recommended by the Jurisdiction Improvement Committee established by the Delaware Supreme Court Order of November 7, 2017. Full Article Delaware - Signed
world news HB 139 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO USE BY NEW CASTLE COUNTY OF THE MONITION METHOD OF SALE FOR THE COLLECTION OF DELINQUENT TAXES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES.This Act will enable New Castle County to collect delinquent sewer service charges under the procedures established by Chapter 87 of Title 9 for the collection of delinquent county taxes. Under the existing method for New Castle County established by Chapter 22, Subchapter II (Monition Method of Sale in New Castle County), of Title 9 for the collection of delinquent sewer service charges, a jury trial must be held if the property owner or an interested party submits an affidavit of defense denying the service charges in whole or in part. In addition, under Section 2211 of Title 9, County Council must first levy the delinquent sewer service charges as an assessment prior to the institution of any legal proceedings. This Act removes the existing sewer monition method of sale in its entirety and will enable New Castle County to collect delinquent sewer service charges in the same manner as taxes are collected under the less burdensome and more efficient monition method of sale established by Chapter 87 of Title 9. Full Article Delaware - Signed
world news HS 1 for HB 92 w/ HA 1 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS.This bill creates an Expanded Learning Opportunities Subcommittee as part of the Interagency Resource Management Committee (IRMC) to provide research, recommendations, and coordination regarding before and after school programs and summer learning opportunities for school-age children. The chairperson of the subcommittee is also added to the Interagency Resource Management Committee as a non-voting member. The creation of an Expanded Learning Opportunities Subcommittee was one of the primary recommendations of the Statewide Afterschool Initiative Task Force, which was created by the 148th General Assembly. The Task Force felt that the design and delivery of services would be enhanced by a standing body tasked with tracking developments across the country and in the State, with a view towards encouraging the development of programs and funding models that maximize positive outcomes. Full Article Delaware - Signed
world news HB 163 w/ HA 2 By legis.delaware.gov Published On :: Tue, 23 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EMS COMPANY VOLUNTEERS.Individuals who volunteer their services through stand-alone EMS companies have been a valuable part of public safety to the citizens of the State of Delaware. To try to bolster the ranks of these volunteers, this bill exempts anyone applying for membership of a volunteer EMS company from paying the cost of a background check done by the State of Delaware Bureau of Identification. Full Article Delaware - Signed
world news HB 74 w/ HA 1 By legis.delaware.gov Published On :: Fri, 26 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING DISSEMINATION OF PERSONAL INFORMATION.This bill enables a key component of the Take Care Delaware program, a partnership between law enforcement and schools to adopt a trauma-informed approach to children who have been identified at the scene of a traumatic event. The Take Care Delaware program, which will start as a pilot, operates by a police officer or emergency-care provider alerting a child’s school about the child’s presence at a traumatic event that the police officer or emergency-care provider responded to. In order to avoid violations of the State Bureau of Investigation’s dissemination statute and the Victim’s Bill of Rights in Title 11, this bill creates a narrow exception to both statutes that allows police officers and emergency-care providers to send the child’s name to their school district or charter school so that the child’s teachers can ensure the child is handled in a trauma-informed way. The Take Care Delaware program is based on the national “Handle With Care” model and includes training and other best practices for law enforcement and schools to prevent and mitigate the negative impact of childhood exposure to trauma. Full Article Delaware - Signed
world news HB 130 w/ HA 1, HA 5 By legis.delaware.gov Published On :: Mon, 29 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.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. Full Article Delaware - Signed
world news SS 1 for SB 5 w/ SA 1 By legis.delaware.gov Published On :: Mon, 29 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.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. Full Article Delaware - Signed
world news SB 121 w/ SA 1 By legis.delaware.gov Published On :: Tue, 30 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.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. Full Article Delaware - Signed
world news SS 1 for SB 95 By legis.delaware.gov Published On :: Tue, 30 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CONTRACTOR REGISTRATION.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. Full Article Delaware - Signed
world news SB 87 By legis.delaware.gov Published On :: Tue, 30 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE HISTORICAL AIRCRAFT.This act designates the Bellanca Cruisair as the official historical aircraft of Delaware. Full Article Delaware - Signed
world news SB 83 By legis.delaware.gov Published On :: Tue, 30 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE PHYSICAL THERAPY LICENSURE COMPACT.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. Full Article Delaware - Signed
world news SB 94 By legis.delaware.gov Published On :: Tue, 30 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATED TO ADOPTION.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." Full Article Delaware - Signed
world news SB 45 w/ SA 1 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.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. Full Article Delaware - Signed
world news SB 61 w/ HA 1 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TRANSPORTATION.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. Full Article Delaware - Signed
world news SB 143 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PLANS MANAGEMENT BOARD.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. Full Article Delaware - Signed
world news HB 58 w/ HA 1 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING INCENTIVE PROGRAM.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. Full Article Delaware - Signed
world news HB 12 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD.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. Full Article Delaware - Signed
world news HB 208 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT.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. Full Article Delaware - Signed
world news HB 209 w/ HA 1 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CENTRAL CONTRACTING.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. Full Article Delaware - Signed
world news HB 95 w/ SA 1 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELECTRIC COOPERATIVE CAPITAL CREDITS.This Act expands the permitted uses of unclaimed electric cooperative capital credits to include investments in energy services for low income members and energy efficiency, renewable energy, battery storage, electrification and emerging energy technology programs. The bill also amends the annual reporting requirements to include an itemization of the amount allocated each year to low income assistance, energy efficiency and renewable technologies, and non-profit donations. Full Article Delaware - Signed
world news HB 195 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.The purpose of the Bill is to update the existing beekeeping code to better reflect current practices. Full Article Delaware - Signed
world news HB 174 By legis.delaware.gov Published On :: Wed, 31 Jul 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE INSURANCE DATA SECURITY ACT.This Act establishes standards for data security for Title 18 licensees and standards for the investigation of and notification to the Commissioner of a cybersecurity event affecting Title 18 licensees. Full Article Delaware - Signed
world news HB 156 By legis.delaware.gov Published On :: Thu, 01 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO LICENSES TO HUNT, TRAP, AND FISH.This bill allows our wounded warriors or similar veterans' organizations who have been honorably discharged from the armed forces of the United States and have at least a 60% service-connected disability to be able to obtain a license to hunt, trap, and fish in this State without charge. Full Article Delaware - Signed
world news SB 187 By legis.delaware.gov Published On :: Mon, 05 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO EARLY CHILDHOOD EDUCATION.This Act amends Section 3001(d)(1) of Title 14 to require that the Department of Education ensure that the standards of the Delaware Stars for Early Success system are consistent with the regulations of the Office of Child Care Licensing. It also removes the Office of Child Care Licensing from the Department of Services for Children, Youth and Their Families and puts it within the Department of Education to facilitate that consistency. This Act clarifies the legal effect of the transfer of the Office of Child Care Licensing from the Department of Services for Children, Youth and Their Families to the Department Education. It also creates a requirement that the Secretary of the Department Education and the Secretary of the Department of Services for Children, Youth and Their Families develop a transition plan for the transfer. Full Article Delaware - Signed
world news SB 153 w/ SA 1 By legis.delaware.gov Published On :: Mon, 05 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION TO ESTABLISH A STATEWIDE SHARED TECHNOLOGY SERVICES MODEL TO FACILITATE DIGITAL GOVERNMENT FOR CITIZENS, INCREASE EFFICIENCY, AND CONTROL SECURITY RISKS.This legislation is based on information technology (“IT”) recommendations of the Government Efficiency and Accountability Review (“GEAR”) Board established by Governor Carney’s Executive Order Four. This act modernizes Chapter 90C of Title 29 of the Delaware Code and authorizes the establishment of a shared IT services model for state agencies. The shared services model centralizes the following duties and related executive branch personnel under DTI: technology end user support, cyber security, network management, server management, data management, IT project management, software application development/support, IT procurement oversight, IT fiscal planning, IT standards, and technology governance. This bill also reconstitutes the Technology Investment Council to increase state agency representation. The bill authorizes DTI to establish a transparent chargeback process for technology services in coordination with the Director of the Office of Management and Budget and the Controller General. In addition to facilitating the delivery of technology services in a consistent and comprehensive manner, technology centralization will position the State to stay abreast of technologies to enable innovation and enhance services to Delawareans. IT centralization also supports regulatory compliance requirements (e.g. IRS, CJIS), network and data security, and provides controls for the overall State IT landscape and spend. Full Article Delaware - Signed
world news SB 35 By legis.delaware.gov Published On :: Tue, 06 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATED TO HEALTH INSURANCE CONTRACTS.This Act revises Delaware Insurance Code provisions related to the individual and group health insurance markets to directly incorporate into Delaware law the Patient Protection and Affordable Care Act’s consumer protections related to the following: (1) The prohibition of preexisting condition provisions. (2) Guaranteed issue and availability of coverage. (3) Permissible rating factors. This Act also ties references in Delaware law to the Patient Protection and Affordable Care Act to that law as it was in effect on January 1, 2018. This ensures the ACA’s core consumer protection provisions will remain in place during the uncertainty surrounding the ACA in light of recent court challenges. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news SS 1 for SB 92 By legis.delaware.gov Published On :: Tue, 06 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DENTAL CARE FOR ADULT MEDICAID RECIPIENTS.Delaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die. This ultimately costs states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from Senate Bill No. 92 (150th General Assembly) because it changes the effective date of this Act to be April 1, 2020, and removes provisions made unnecessary by the change. Full Article Delaware - Signed
world news SB 166 w/ HA 1 By legis.delaware.gov Published On :: Tue, 06 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FREE PUBLIC SCHOOLS AND TRANSPORTATION.This Act encourages school districts and charter schools to cooperate to ensure that State appropriations for school transportation are used efficiently by doing the following: 1. Codifies the Department of Education's current practice of establishing a formula, with approval of the State Board of Education, to determine appropriate transportation funds for each school district and charter school and providing a percentage of that amount to the school district and charter school. 2. Permits charter schools to enter into contracts with transportation contractors for multiple years. 3. Permits charter schools to collaborate with other local education agencies to publically bid transportation routes, to establish the safest and most cost-effective bus routes available. 4. Allows school districts and charter schools to purchase and provide annual bus passes for students to use on fixed route public transit to address the short supply of public school bus transportation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Full Article Delaware - Signed
world news SS 1 for SB 116 By legis.delaware.gov Published On :: Wed, 07 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO THE PRIMARY CARE REFORM COLLABORATIVE AND THE CREATION OF THE OFFICE OF VALUE-BASED HEALTH CARE DELIVERY.This Act expands the membership of the Primary Care Reform Collaborative and creates an Office of Value-Based Health Care Delivery in the Department of Insurance to reduce health care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. The Office of Value-Based Health Care Delivery will work with the Primary Care Reform Collaborative and the State benchmarking process. This Substitute Bill differs from Senate Bill No. 116 as follows: 1. Adds the Insurance Commissioner to the Primary Reform Collaborative. 2. Limits the definition of "carrier" to health insurers licensed under Title 18 or certified as a qualified health plan on the Delaware Health Insurance Marketplace. 3. Requires the Insurance Commissioner to promulgate regulations to implement Section 2 of this Act instead of adopting policies and procedures. 4. Removes the deadline to adopt the initial policies under this Act. Full Article Delaware - Signed
world news HB 30 w/ HA 1 By legis.delaware.gov Published On :: Thu, 08 Aug 2019 00:00:00 -0400 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS.Unmanned aircraft systems are capable of introducing contraband into detention facilities without undergoing correctional officer inspections. This bill seeks to prohibit the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone. Full Article Delaware - Signed