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HB 128

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DELAWARE NATIONAL GUARD EDUCATIONAL BENEFITS.

This Act extends the time period for which a member of the Delaware National Guard may receive funding for certain postsecondary education tuition and fees from 10 years after the date on which the member begins the first course for which funds are granted to 15 years after that date.



  • Delaware - Signed

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HB 7 w/ HA 1

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

This Bill modifies the impact of criminal history on an applicant’s eligibility for licensure and thereby removes certain barriers to employment. It gives the Board the discretion to grant a waiver of a felony conviction for a crime committed against a person where more than 3 years have elapsed since the date of conviction, and for all other felonies, more than 2 years have elapsed since the date of conviction. The Board will be precluded from considering a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time. The statute already prohibits licensure to anyone that has a felony sexual offense conviction.



  • Delaware - Signed

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HB 124

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PLUMBING, HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION EXAMINERS.

This Bill modifies the impact of criminal history on an applicant’s eligibility for licensure. It gives the Board discretion to grant waivers for felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The Board is precluded from considering a conviction where more than 10 years have elapsed since the date of conviction.



  • Delaware - Signed

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SB 43

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING THE BOARD OF ELECTRICAL EXAMINERS.

This Act modifies the impact of criminal history for applicants for licensure to the Board of Electrical Examiners (Board). Specifically, this Act: (1) Permits the Board to grant waivers for felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. (2) Permits the Board to grant waivers for felony and misdemeanor convictions if the applicant is on Level I or II probation. (3) Precludes the Board from considering a conviction where more than 10 years have elapsed since the date of conviction. (4) Requires an applicant to submit evidence that the applicant has not been convicted of a felony sexual offense. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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SB 125

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PASS-THROUGH ENTITIES, ESTATES, AND TRUSTS.

Currently, non-resident pass-through entities, trusts, and estates are required to pay estimated income taxes anticipated to be due as a result of real estate transactions before each deed is recorded. The payment of estimated income taxes before each deed is recorded has become a burden on entities that transfer multiple parcels and on the Division of Revenue. In order to maximize time and improve personnel efficiencies within the Division of Revenue, this Act provides the Director with the ability to exempt nonresident pass-through entities involved in the sale or exchange of Delaware real estate from the requirement of remitting estimated income taxes due with each deed to the Recorder before the deed is recorded. This act only allows the Director to grant exemptions as to the timing of the payment of estimated income taxes; it does not allow the Director to grant exemptions from paying income taxes.



  • Delaware - Signed

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SB 113 w/ SA 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.

This Act results from the Joint Legislative Oversight and Sunset Committee's review of the Hazardous Substance Cleanup Act Fund (“HSCA Fund”). Section 1 of the Act, which will take effect on January 1, 2021, provides that the Fund's 15% cap on administrative costs expenditures must be based on the average of the moneys deposited into the Fund over a period of the previous 10 fiscal years. The HSCA Fund tax assessment is due to expire on January 1, 2022. Section 2 of this Act removes the expiration date to ensure continued funding for the Brownfields Development Program and to address environmental liabilities assumed by the State.



  • Delaware - Signed

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SB 73 w/ SA 1

AN ACT TO AMEND TITLE 1 AND TITLE 4 OF THE DELAWARE CODE RELATING TO THE STANDARD TIME FOR THIS STATE.

Daylight saving time has existed in one form or another for over 100 years. In that time, Delawareans have become accustomed to the 8 months of daylight saving time each year. This Act provides for Delaware to permanently remain on daylight saving time. This Act achieves this by doing the following: (1) Requiring, in Section 4 of this Act, that the Governor request that the United States Secretary of Transportation place Delaware in the Atlantic standard time zone if Pennsylvania, New Jersey, and Maryland each enact a law requesting the Secretary to place their respective state in the Atlantic standard time zone. The Secretary is authorized under 15 U.S.C. § 261 to define the limits of each time zone and thus may place Delaware in the Atlantic standard time zone. (2) Exercising, in Section 2 of this Act, the discretion granted to Delaware under 15 U.S.C. § 260a to exclude itself from daylight saving time. Section 5 of this Act makes clear that this exclusion takes effect on the first Sunday in November once the United States Secretary of Transportation places Delaware in the Atlantic standard time zone. This results in Delaware permanently remaining 1 hour ahead of eastern standard time.



  • Delaware - Signed

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SB 10

AN ACT TO AMEND TITLE 15 RELATING TO VOTER REGISTRATION.

This Act is identical to Senate Bill No. 127 from the 149th General Assembly, which was passed by the Senate and reported out of the House Administration Committee. This Act corrects an inadvertent error in Delaware law that has permitted people younger than 18 years of age to vote in final-stage elections. People must be 18 years of age or older to be eligible to vote in a final-stage election such as general elections, special elections, school board elections, and school district referendums. However, people younger than 18 years of age can vote in any preliminary election, such as primary elections, if they will be 18 years of age at the time of the final-stage election.



  • Delaware - Signed

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SB 161

AN ACT TO AMEND TITLE 29 RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AND BEHAVIORAL HEALTH CARE CONNECTION.

This Act allows law-enforcement officers to share an individual's identifying information with the Division of Substance Abuse and Mental Health ("DSAMH") if the officer suspects the individual is suffering from an overdose or a mental health crisis, allowing DSAMH to connect the individual with behavioral health treatment services.



  • Delaware - Signed

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HB 220 w/ HA 1, HA 2

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR DRUG AND ALCOHOL DEPENDENCY AND MEDICATION ASSISTED TREATMENT.

This Act adds coverage for Medication Assisted Treatment ("MAT") for drug and alcohol dependencies to the mental health parity laws for health insurance. This Act requires health insurance carriers to provide coverage for prescription medications approved by the U.S. Food and Drug Administration for MAT at no greater financial burden than for prescription medication for other illness or disease, without step therapy requirements, and at the lowest tier of the drug formulary. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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HJR 6

DIRECTING THE BEHAVIORAL HEALTH CONSORTIUM TO ISSUE LEGISLATIVE AND REGULATORY RECOMMENDATIONS TO INCREASE THE TOTAL NUMBER OF BUPRENORPHINE PRESCRIBERS.

This Joint Resolution calls on the Behavioral Health Consortium to issue legislative and regulatory recommendations which would increase access to the total number of Medication Assisted Treatment prescribers among all providers.



  • Delaware - Signed

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HB 119

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO QUALIFIED AGENCIES AUTHORIZED TO RECEIVE GRANTS FROM THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

The bill expands the qualified agencies authorized to receive grants approved by the Water Infrastructure Advisory Council to include non-profit corporations, such as the Diamond State Sustainability Corporation (“DSSC”), approved by Public Service Commission as a regulated water or wastewater utility. As a regulated utility, the DSSC assists low and moderate income residents and communities in rural areas of Delaware by acquiring and improving community-owned water and wastewater systems, many of which are aging or at risk of failure, and providing service pursuant to Commission-approved rates. This bill also expands the definition of “treatment works” to include “domestic wastewater” projects in order to allow for grants for community septic and sewage system upgrades.



  • Delaware - Signed

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SB 32 w/ SA 1

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING PATIENT BROKERING.

This Act prohibits the practice known as patient brokering, which is the practice where patient brokers are paid a fee to place insured people in treatment centers so that the treatment centers receive thousands of dollars in insurance claim payments for each patient. Increasingly, patient brokers fraudulently enroll patients in low-deductible health plans with out-of-network treatment benefits. Patient brokers target individuals with substance use disorders, who are told that they are receiving their treatment through a scholarship. Not only does this perpetrate fraud against insurers, when insurance plans are terminated for nonpayment of the premium, individuals are discharged from the treatment program with no services or housing and often in a state that is far from home.



  • Delaware - Signed

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SB 131

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS.

This Act authorizes the State and its counties and municipalities to install and use vehicle height monitoring systems ("vehicle height monitoring system") to assist in the enforcement of applicable State, county, or municipal law regarding motor vehicle size. This Act is patterned after Maryland's vehicle height monitoring system law, under which the City of Baltimore recently implemented an ordinance to use vehicle height monitoring system. This Act does not create a new violation. It does establish the following: - Requirements for the Department of Transportation ("DelDOT") to conduct the initial identification of potential locations for vehicle height monitoring system and analysis of the appropriateness of each location. - Requirements for the Department of Safety and Homeland Security ("DSHS") to select a system vendor for use by the State, counties, and municipalities through an open competitive procurement process. - Requirements for DSHS to approve and install vehicle height monitoring systems on State-maintained roads. - Requirements for a county or municipality to approve and install vehicle height monitoring system on the roads maintained by the county or municipality. A county or municipality must adopt an ordinance before approving or installing a vehicle height monitoring system. - Requirements and maintenance of vehicle height monitoring system, including the designation of a vehicle height monitoring system technician to maintain a daily set-up log for each vehicle height monitoring system in use. Daily set-up logs may be admitted as evidence in any court proceeding for a violation captured by a vehicle height monitoring system. - That the owner of a motor vehicle captured by a vehicle height monitoring system is liable for the violation, unless the owner can demonstrate that someone else was in control or possession of the motor vehicle when the violation occurred. - A civil penalty under this section is limited to $250 for second violations, and $500 for third and subsequent violations. A first violation is subject only to a warning notice, with no fine. - Requirements for the information that must be included in a citation under this section and that a citation must be mailed within 30 days of the violation. - What must be included in an image recorded by a vehicle height monitoring system to use the image as evidence. - Limitations on the consequences of being liable under this section. A violation may not be used to assess points on the person's driver license, recorded on the person's driving record, treated as a parking violation, or considered in the provision of motor vehicle insurance coverage. - The State or a county or municipality may designate a contractor to administer and process citations under this section, but a contractor's fee may not be contingent on the number of citations issued or paid. - That this section does not apply to certain vehicles, such as emergency vehicles or school buses. Under this Act, the owner of a motor vehicle is liable for a violation that occurs while the owner uses the vehicle or an employee of the owner uses the vehicle for the purposes of employment. If, however, a driver other than an employee of the owner violates this Act while using the owner’s vehicle, a mechanism is in place to allow the owner to rebut the presumption that the owner was driving the vehicle at the time of the violation (see line 121).



  • Delaware - Signed

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HB 113

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE MUTUAL AID AGREEMENTS.

This bill clarifies that Delaware law enforcement may enter into agreements to provide mutual assistance to other jurisdictions.



  • Delaware - Signed

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HB 65 w/ HA 2

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SOLAR PHOTOVOLTAIC SYSTEMS AND RESTRICTIVE COVENANTS.

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



  • Delaware - Signed

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SB 138 w/ SA 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION.

This Act is the result of the Joint Legislative Oversight and Sunset Committee’s review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and does the following: - Clarifies that no more than 2 members may represent any 1 membership qualification. - Adds 2 nonvoting members, a representative from the Department of Education and a student enrolled in a career and technical education (“CTE”) program. - Removes the requirement that the chair represent the private sector. - Limits the chair to 2, 5-year terms. - Requires DACCTE to submit an annual report that includes advocacy efforts, a needs assessment for statewide CTE programming, and reports from on-site school monitoring visits. - Requires at least 3 meetings per year take place after regular business hours and in each of the 3 counties. - Adds quorum and member removal provisions. - Conforms existing law to the drafting standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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SB 135

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GOVERNOR'S COUNCIL ON AGRICULTURE.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Governor's Council on Agriculture was identified as needing updates to require 7 members rather than “up to” 7 members, and to remove the party balance requirement to make it easier to fill vacancies. Consideration must given to geographical and other diversities when appointing members. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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SB 134

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATED TO COURTS AND JUDICIAL PROCEDURE.

Under current Delaware law, the county sheriff’s offices are required to appraise goods that are being levied upon to pay debts. In addition, the sheriff’s offices can be held liable to pay the debts of a judgment debtor if, for example, they inadvertently neglect to make a return on a writ of execution. The appraisal provisions in Title 10 of the Delaware Code addressed in this act are out-of-date and impractical to implement. On the subject of the liability of the sheriff's offices, it is a questionable policy to require the sheriff’s office to pay the debt of a judgment debtor for an inadvertent mistake in handling the procedure to levy upon and sell the debtor’s property. This act repeals the appraisal provisions in Title 10 related to the sheriff’s offices. It also repeals provisions imposing liability on the sheriff’s office to pay debt obligations of debtors who fail to pay their bills, when the sheriff’s office commits an error through neglect.



  • Delaware - Signed

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SB 63 w/ SA 1

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE EQUAL ACCOMMODATIONS LAW.

The Delaware Equal Accommodations Law, Chapter 45 of Title 6 of the Delaware Code, prevents discrimination against people because of their race, age, marital status, creed, color, sex, disability, sexual orientation, gender identity, or national origin. This Act enhances the protections under the Delaware Equal Accommodations Law by prohibiting retaliatory discrimination against an individual for either of the following: (1) Opposing an act or practice that is an unlawful practice under the Delaware Equal Accommodations Law. (2) Making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing to enforce the Delaware Equal Accommodations Law.



  • Delaware - Signed

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SB 15 w/ SA 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE.

This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.



  • Delaware - Signed

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HB 239 w/ HA 1

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

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



  • Delaware - Signed

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SB 78

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CONSENT EDUCATION.

This Act requires that the health education programs presented by the Department of Education include instruction on what it means to "consent" in the context of a sexual encounter.



  • Delaware - Signed

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SS 1 for SB 24 w/ SA 1

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

This Substitute differs from Senate Bill No. 24 by requiring a patient to apply for a compassionate use medical marijuana card when a doctor recommends medical marijuana to a patient who does not have a qualifying debilitating medical condition. To apply for a compassionate use card, this Substitute requires: 1. The patient, or it under age 18, the patient’s parent or legal guardian, submit a signed statement attesting to the patient's informed consent to try a treatment that does not have medical evidence of effectiveness. 2. The patient’s physician certify that the patient has a severe and debilitating condition, current standard care practices and treatments have been exhausted, and there are grounds to support that the patient may benefit from this treatment. The physician must periodically re-evaluate the efficacy of the medical marijuana treatment. This Substitute also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and compassionate use patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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HB 56

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

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



  • Delaware - Signed

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SB 47 w/ SA 1

AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

This Act simplifies Delaware’s drug code with a goal of providing more fairness in its application. This Act removes geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas. This Act reduces the number of weight tiers from 5 to 3 with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. This Act reflects the reality that the road to recovery from a drug addiction is difficult by removing automatic sentence enhancements based on prior drug offenses, and instead allowing discretion during sentencing to determine when a repeat offender requires substantive additional penalty. Specifically, Sections 1 through 14 of this Act do the following: (1) Eliminate most aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining an aggravating factor for those who violate Delaware’s drug dealing laws within 300 feet of and on school property. (2) Eliminate enhancements based on the commission of prior drug offenses. (3) Simplify Delaware’s controlled substance laws by reducing the number of weight tiers that are used to categorize the severity of controlled substance offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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HB 77 w/ HA 1

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

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



  • Delaware - Signed

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HB 78 w/ HA 1

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

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



  • Delaware - Signed

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HB 241

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

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



  • Delaware - Signed

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SB 109 w/ SA 2

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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HB 290

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

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



  • Delaware - Signed

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SB 85

AN ACT TO AMEND TITLES 11 AND 21 OF THE DELAWARE CODE RELATING TO TRANSFER OF CASES BETWEEN ALDERMAN'S OR MAYOR'S COURTS AND THE JUSTICE OF THE PEACE COURT.

This bill permits the administrative transfer of cases from an alderman’s court or mayor’s court to the Justice of the Peace Court when such a transfer is in the interests of justice. This transferability may be used in cases where an alderman must recuse themselves pursuant to the Code of Judicial Conduct or where it is impracticable for the case to be heard in alderman’s court. A transfer to the Justice of the Peace Court ensures that the receiving court is well prepared to handle the case due to the similarities in jurisdiction.



  • Delaware - Signed

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SB 177

AN ACT TO AMEND TITLE 21 RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR SCHOOL EXPULSION.

This amendment brings into conformity the provisions of Title 21 with those of Title 14 relating to the revocation of a student’s driving privileges when he or she is expelled from a public school. Prior amendments to Title 14, Section 4130 and Title 21, Section 2707 removed the requirement that the Secretary of the Department of Motor Vehicles revoke a student’s driving privileges upon notice from the superintendent of a public school that the student had been expelled. This amendment accomplishes the intent of those prior amendments by removing surplus language in the parallel section of Title 21.



  • Delaware - Signed

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SB 200 w/ SA 1

AN ACT TO AMEND THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK.

This Act supports the ongoing work of the Primary Care Reform Collaborative to achieve better health for Delawareans at a lower cost by facilitating the sharing of de-identified health expenditure information and fostering transparency that is critical to the effective delivery of primary care in Delaware. Specifically, this Act requires the Delaware Health Information Network (DHIN) to provide access to the Delaware Health Care Claims Database to 2 additional state agencies, the Department of Insurance and Delaware Health Care Commission. In adding these state agencies to the existing list, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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SB 198

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO A KENT COUNTY LODGING TAX.

This Act repeals the authority granted to Kent County Levy Court to impose a lodging tax to benefit the Kent County Regional Sports Complex Corporation, also known as DE Turf. This authority was granted by Chapter 102 of Volume 82 of the Laws of Delaware (Senate Substitute No. 2 for Senate Bill No. 178), which was enacted during the first session of the 150th General Assembly.



  • Delaware - Signed

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SB 196

AN ACT TO AMEND THE CHARTER OF THE TOWN OF SLAUGHTER BEACH.

This Act authorizes the Town of Slaughter Beach to acquire real and personal property located inside and outside the boundaries of the Town of Slaughter Beach.



  • Delaware - Signed

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HB 118 w/ HA 1, HA 2, HA 3

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

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



  • Delaware - Signed

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HB 87 w/ HA 2, HA 3, HA 1

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

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



  • Delaware - Signed

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HB 178 w/ HA 1

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

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



  • Delaware - Signed

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HB 250

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

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



  • Delaware - Signed

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HJR 9

VACATING DEDICATED PARKLAND IDENTIFIED AS TAX PARCEL NO. 19-009.00-011.

This Joint Resolution vacates the parkland dedication for Tax Parcel No. 19-009.00-011 ("the Property"), removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows for New Castle County to transfer the Property in accordance with § 1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the Property as parkland. Currently, the neighboring businesses are using a portion of the Property for parking.



  • Delaware - Signed

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HJR 8

VACATING DEDICATED PARKLAND ± .31 ACRES OF TAX PARCEL NO. 07-039.30-002.

This Joint Resolution vacates the parkland dedication for ± .31 acres of Tax Parcel No. 07-039.30-002 (“the Property”), as depicted in the exhibit that accompanies this Joint Resolution, thereby removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows New Castle County to transfer the Property in accordance with §1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of the Property as dedicated parkland. A significant amount of illegal dumping occurs on the Property, negatively impacting the surrounding community.



  • Delaware - Signed

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HJR 7

VACATING DEDICATED PARKLAND IDENTIFIED AS TAX PARCEL NO. 19-009.00-015.

This Joint Resolution vacates the parkland dedication for ± .22 acres of Tax Parcel No. 19-009.00-015, as depicted in the exhibit that accompanies this Joint Resolution, thereby removing the restrictions on permitted uses for public parks, held in public trust as provided in the common law, including the restrictions under Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977). The removal of the parkland dedication allows New Castle County to transfer the Property in accordance with § 1521(e) of Title 9. Due to the Property’s unique location, there are no known current or future public needs or benefits in continuing to restrict the use of this Property as dedicated parkland. A significant amount of illegal dumping occurs on the Property, negatively impacting the surrounding community.



  • Delaware - Signed

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HB 273

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

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



  • Delaware - Signed

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HB 280

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

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



  • Delaware - Signed

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HB 212 w/ HA 1 + SA 1 + HA 5, HA 1 to HA 5 + SA 2, SA 3

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

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



  • Delaware - Signed

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HB 264

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

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



  • Delaware - Signed

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SB 195 w/ SA 1

AN ACT TO AMEND THE CHARTER OF GREENWOOD.

This Act revises the Charter of Greenwood as follows: Section 1. Revises the procedures used by the Town to annex property. Section 2. Authorizes the Town to cancel Town Council meetings and authorizes the use of electronic communication methods to notify council members of special meetings. Section 3. Clarifies that a majority vote is needed for the Town Council to take action. Quorum is calculated based on a majority of all the sitting council members, exclusive of any vacant council seats. Section 4. Clarifies that the Town documents its proceedings via meeting minutes. Section 5. Sets $50,000 as the maximum contract amount that the Town can enter into without public bidding and clarifies the Town’s procedures for evaluating bids and awarding contracts. Section 6. Specifies that the Mayor may vote on all matters, not just when there is a tie vote, revises the Mayor’s duties, and establishes procedures for appointing individuals to committees. Section 7. Updates the duties of the Town Council Secretary. Section 8. Revises the terms of employment for the Town Manager and other employees. This section clarifies that town employees, except for the town manager and police department employees, are at will employees that are hired for an indefinite employment term. This section also eliminates duties of the Town Manager that are obsolete and clarifies that the Town Manager does not have to serve as the Town Treasurer. Section 9. Eliminates the need of the town solicitor to have an office in Sussex County. Section 10. Revises the terms of employment for the Chief of Police, including the possibility of the Chief of Police having an employment contact. Section 11. Updates the Town’s debt collection procedures to clarify the outstanding charges that can be added to tax bills and collected. This section also limits the maximum interest rate on delinquent amounts to 1.5% per month. Section 12. Eliminates duplicate language and requires the Town Council to adopt a resolution approving the final assessment list, including all additions to tax bills. This section also clarifies that the annual tax list includes additions to tax bills incorporated into the annual assessment list. Section 13. Authorizes the amount of outstanding debts to remain a lien against a property beyond the 10 year time limit if the property is still owned by the same owner against whom the charges were originally assessed. The section enlarges the time for paying taxes to 60 days and reduces the penalty for unpaid taxes to 1.5% per month. This section also clarifies the collection costs that can be recovered by the Town and eliminates obsolete collection procedures. Section 14. Eliminates the Town’s ability to regulate activities on the Sabbath Day and clarifies the Town’s ability to establish fines and penalties for outstanding water and sewer accounts. Section 15. Repeals existing procedures for opening and closing streets and enacts simpler procedures for the Town to follow. Section 16. Clarifies the Town’s ability to install new sidewalks. Section 17. Adds additional purposes for which the Town may borrow money and requires public hearing details to be included in a resolution proposing to borrow the money. This section also provides more detail on the procedures to follow when holding a special election to vote on the town borrowing money and creates procedures and authority for the Town to borrow up to $100,000 without going through the public hearing process. It also authorizes the Town to publish a notice of the borrowing that gives members of the public 60 days to challenge the borrowing. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.



  • Delaware - Signed

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HB 152 w/ HA 1

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

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



  • Delaware - Signed

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HB 275

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

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



  • Delaware - Signed