AN ACT TO AMEND CHAPTER 27, VOLUME 79 AND CHAPTER 74, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 10 AND TITLE 29 OF THE DELAWARE CODE RELATING TO FORECLOSURE AND CONSUMER PROTECTION.

This Act extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education through December 31, 2024. The Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education were established by 3 different Acts which each sunset after 2 years, based upon the effective date of each Act. The sunset periods have been extended for additional 2 year periods so that the Office of Foreclosure Prevention and Financial Education sunsets in September 2019; § 5062C and § 5062D of Title 10 sunset in January 2020; and § 5062A of Title 10 sunset in January 2019. In addition to providing a uniform date for the expiration of the entire Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention and Financial Education, this Act makes the expiration date a new subsection of each statute, so that the effective period of the law is clear and easily identified.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING HOME RESIDENTS QUALITY ASSURANCE COMMISSION.

This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE STORAGE OF FIREARMS.

This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user. Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons. This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

This Act requires that bidders for public works contracts that are above a minimum value and required to provide the prevailing wage include approved craft training programs for journeyman and apprentice levels if the contract is not for a federal highway project. This Substitute Act differs from Senate Bill No. 48 as follows: 1. Creates a definition of "craft training". 2. Eliminates requirements that conflict with the prevailing wage requirements. 3. Increases the number of total employees that require a contractor or subcontractor to provide craft training, from 6 to 10. 4. Requires the craft training requirement to be in the final contract. 5. Requires the suspension of a contractor or subcontractor who fails to comply with the craft training requirement and prohibits a contractor or subcontractor who fails to comply with the craft training requirement from bidding on a public works project for 5 years. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A PRESCRIPTION OPIOID IMPACT FUND.

This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.

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

This Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.

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

New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING IN TIDAL WATERS.

This bill streamlines the process by which the Department may incorporate into its regulations tidal finfish management measures that have been adopted and specified in a regional or federal fisheries management plan or rule. This bill also eliminates procedures for the promulgation of tidal finfish regulations that the Delaware Administrative Procedures Act has rendered obsolete.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING DEFAULT BEVERAGES IN CHILDRENS’ MEALS IN RESTAURANTS.

This bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.

This Act adds one more member, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council, to the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Act also updates language regarding victims of domestic violence to include survivors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates PBMs. Specifically, this Act does the following: (1) Requires PBMs to register with the Insurance Commissioner. (2) Permits the Insurance Commissioner to issue cease and desist orders based on fraudulent acts or violations of Chapter 33A of Title 18 committed by PBMs. (3) Requires PBMs to maintain certain records. (4) Permits the Insurance Commissioner to examine the affairs of PBMs. (5) Grants the Insurance Commissioner the authority to enforce Chapter 33A of Title 18 by imposing fines, requiring PBMs to take affirmative actions, and suspending, denying, or revoking a PBM’s registration. In addition, this Act updates existing law regarding maximum allowable cost lists and establishes a more transparent appeals process for a pharmacy to rely on if a PBM does not reimburse the pharmacy the amount owed under their contract or the maximum allowable cost list. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO MOTOR FUEL TAX.

This Act does all of the following: (1) Imposes a 5 cent per gallon tax on certain aviation jet fuel. (2) Provides the procedures for collecting the tax. These procedures are the same as the procedures under Subchapter II of Chapter 51 of Title 30; however, this Act makes technical corrections to those procedures to conform the law to the standards of the Delaware Legislative Drafting Manual. (3) Gives the Department of Transportation ("Department") authority to establish regulations and otherwise enforce the collection of the new tax. (4) Requires the Department to deposit the proceeds of the tax into the Transportation Trust Fund. (5) Requires the Department to file a report with the Controller General by September 1 of each year detailing the revenue received under this subchapter and the expenditures associated with the Department's responsibilities concerning aviation in this State. This Act takes effect on July 1, 2019.

AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK.

This Act amends the municipal Charter of the City of Newark as follows: 1. Eliminates the ability of artificial entities to vote in elections to borrow money. 2. Limits voters who are eligible to vote both as a qualified voter and as an owner of property to only 1 vote in an election to borrow money. 3. Shortens the time for the owner of real estate to redeem property assessments from 1 year to 6 months. 4. Updates outdated provisions regarding telegraph poles, qualifications for city manager, election procedures, and the Delaware Freedom of Information Act. 5. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including making provisions contained in this Act gender neutral.

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.

This Act allows the Department of Agriculture to establish fees that may be charged for participation in the Delaware Hemp program.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION.

This Act revises the Delaware Native Species Commission by doing the following: 1. Adds a member from the Delaware Department of Transportation. 2. Removes the requirement that Governor appointees be citizens of this State. 3. Requires that the members who represent stakeholder commercial interests represent those interests in Delaware. 4. Adds 2 additional public members.

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act permits a horse racetrack to make and sell beer on the horse racetrack premises for consumption on or off the licensed premises. This Act also makes technical corrections to existing law.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT.

This Act updates the Delaware Life and Health Insurance Guaranty Association Act (Delaware Act) to conform Delaware law to revisions made to the National Association of Insurance Commissioners’ (NAIC) Life and Health Insurance Guaranty Association Model Act (Model Act). The Model Act provides a framework for protecting policy or contract owners, insureds, beneficiaries, annuitants, payees, and assignees against losses due to the insolvency or impairment of an insurer. This Act revises the methodology for assessments relating to long-term care insurance written by an impaired or insolvent insurer and includes managed care organizations and health maintenance organizations within the scope of the Delaware Act to more fairly distribute the cost of long-term care insurance insolvencies among insurers writing life, health, annuity, managed care organization, and health maintenance organization products and to ensure sufficient assessment capacity for all insolvencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CIVIL PROCEDURES TO RELINQUISH FIREARMS OR AMMUNITION.

This bill changes the standard of proof necessary to issue a civil gun relinquishment order from the Justice of the Peace Court. The preponderance of the evidence standard is the standard traditionally used in civil matters and is, therefore, appropriate here. This also makes the standard consistent with that required for a Lethal Violence Protective Order, which is highly similar in nature.

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO WIRELESS COMMUNICATION LEASES FOR NEW CASTLE COUNTY PARK AREAS AND OPEN SPACE.

This Act will expand New Castle County’s limited authority to lease park land or land held in public trust to include leases for erecting, maintaining and operating wireless communications facilities. State law currently limits public land leases to those for recreational purposes and related activities. At common law, the State legislature must approve transfers or changes in the use of park land; however, this function may be delegated to municipalities through legislative action. This Act is intended to abrogate the restrictions on permitted uses for public parks, held in a public trust as provided in the common law, including the restrictions set forth in 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), and to amend state law to permit specifically a wireless communications lease on such land as minimally intrusive and with the approval of County Council.

AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

This Act expands the collection procedures available to the Division of Unemployment Insurance to more closely match the collection procedures currently available to the Division of Revenue providing the Division of Unemployment Insurance with streamlined procedures to allow it to more quickly and easily execute on judgments for unpaid unemployment insurance tax assessments. These procedures include obtaining warrants for the levy and sale of property; extending liens; garnishments of wages, bank accounts, and other property; and denying or suspending professional licenses of judgment debtors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from Senate Bill No. 128 as follows: 1. Provides authority for appeals tribunals to hear protests under § 3368 of Title 19 and hearings under § 3369 of Title 19. 2. Aligns the length of a lien of a judgment under Chapter 33 of Title 19 with the length of a lien of judgment obtained by the Division of Revenue. 3. Removes debts owed due to overpayments from garnishment. 4. Makes clarifications and technical corrections.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMUNITY TRANSPORTATION FUND.

This Act requires the Secretary of the Department of Transportation to publish the transaction history for funds allocated to each member of the General Assembly under the Community Transportation Fund.

AN ACT TO AMEND THE LAWS OF DELAWARE AND TITLE 4, TITLE 6, TITLE 10, TITLE 11, TITLE 15, TITLE 16, TITLE 19, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.

In January 2019, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2018 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a three-quarters vote, erring on the side of caution if any of the sections of the Delaware Code being revised require a super-majority vote. Section 1. This Section corrects a typographical error created in § 512 of Title 4 when House Bill No. 284 was passed after House Bill No. 158 in the 149th General Assembly and House Bill No. 284 did not incorporate the revisions made to § 512 by House Bill No. 158. Sections 2 through 4. These Sections correct errors created by House Bill No. 125 of the 150th General Assembly changing the limit on the number of barrels to 6 million instead of the reference to the Code of Federal Regulations in 5 sections of the Delaware Code. The Code of Regulations limit includes a time period of a calendar year on the number of barrels and that time period was included in 2 of the 5 sections where this was changed. These sections add “in a calendar year” after the number of barrels in the other 3 sections and corrects the spelling for “million” in 1 section. Sections 5 through 6. These Sections replace a reference to § 2728 of Title 18 with a reference to § 4915 of Title 10. The synopsis to Senate Bill No. 195 of the 149th General Assembly explains that SB 195 repealed § 2728 of Title 18 because that section has been superseded by § 4915 of Title 10. Section 7. House Substitute No. 1 to House Bill No. 222 of the 149th General Assembly created lethal violence protective orders. This Section removes the word “emergency” from § 7704 of Title 10 because an order is entered after a nonemergency petition is filed and a hearing is held under § 7704 of Title 10. Section 8. Senate Bill No. 150 of the 149th General Assembly revised the Delaware Police Accreditation Commission. This Section replaces an incomplete sentence with standard organizational language regarding the ability of members to appoint a designee and makes other technical corrections. Section 9. During discussions of Senate Bill No. 10 in the 150th General Assembly, outdated language describing disqualifying felonies for eligibility to vote was identified. This Section corrects the inconsistent language by referencing Chapter 61 of Title 15, which was enacted by the 140th General Assembly and establishes when persons with felony convictions are permitted to vote. This Section also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 10. This Section revises § 4944 of Title 15 to correctly identify the State Election Commissioner as the custodian of the names of electors and the spelling of Vice President, errors discovered while drafting legislation for the 150th General Assembly. Sections 11 through 16. These Sections correct the incorrect spelling of Vice President identified while drafting legislation for the 150th General Assembly. Section 17. House Bill No. 248 of the 149th General Assembly did not properly include the existing language in the Delaware Code. This Section revises § 122(3)p.2.B.VI. of Title 16 by including the language intended by House Bill No. 248 and repealing the existing provisions. Section 18. House Bill No. 431 of the 149th General Assembly, as amended, requires nursing and assisted living facilities to offer onsite influenza vaccinations to all employees every year. The Code Revisors interpreted the phrase “of the following year” to mean only 2019, the calendar year after enactment of the Act. This Section revises § 1144 of Title 16 so that it is clear that the vaccinations must be provided every calendar year. Section 19. House Bill No. 409 of the 149th General Assembly, as amended, included the phrase “any of the above” in the first sentence of § 1904 of Title 19. This Section revises this sentence to clarify that it refers to the events earlier in the sentence. Sections 20 through 21. House Bill No. 311 intended to create a 2 year grandfathering of licenses after enactment but the effective date allowed for only 1 year. This Section establishes a 2 year grandfathering period. Section 22. After House Bill No. 46 was passed during the 150th General Assembly, questions arose regarding how to interpret the new provisions. This Section makes revisions to provide clarity. Section 23. This Section repeals § 704(c) of Title 29 because the provisions in § 704(c) are repeated with more detail in § 7331 of Title 15, an error discovered while drafting legislation for the 150th General Assembly. Section 24. Senate Bill No. 227 contains a delayed effective date and a sunset provision. This Section changes the sunset provision so it is 3 years after the effective date instead of 3 years after enactment. Section 25. This Section makes Section 22 of this Act effective the day after House Bill No. 46 is enacted.

AN ACT TO AMEND TITLE 14 RELATING TO ELIGIBILITY FOR SEED GRANTS.

Currently, the SEED program allows students a maximum of 6 semesters to complete an Associate Degree. This Bill allows SEED eligible students who complete their Associate Degree in fewer than 6 semesters to apply the remaining semesters of the grant toward a Bachelor’s Degree at either the University of Delaware or Delaware Technical and Community College.

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

This Act amends the Charter of Millville to give the Town Council the authority to impose and collect a lodging tax.

AN ACT TO AMEND 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.