AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO BOND AND CAPITAL IMPROVEMENTS ACTS OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE FISCAL YEARS ENDING JUNE 30, 2018 AND JUNE 30, 2019.

This Act amends the Fiscal Years 2018 and 2019 Bond and Capital Improvements Acts to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) allow the transfer of funds between capital projects for the Appoquinimink School District; (3) authorize a transfer of funds from the Office of Management and Budget for other listed projects; (4) revise the fund amount for the Garashes L Project and expand the use of funds for road projects at the Wilmington Riverfront Sports Project; (5) authorize funding from the Delaware Strategic Fund when interest earnings are not available for the New Castle County and Middletown Chamber of Commerce’s business incubators; (6) authorize the Delaware National Guard to use appropriated funds for the 198th Readiness Center Facilities and Georgetown Readiness Center; and (7) authorize the conveyance of property between the Appoquinimink School District and the Town of Middletown.

AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 30 OF THE DELAWARE CODE RELATING TO DELIVERY AND SALES OF TOBACCO PRODUCTS.

This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A COMMUNITY COLLEGE INFRASTRUCTURE FUND.

Delaware's statewide community college system, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development, vocational training, and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. Any promissory notes or bonds must be approved separately prior to issuance by the General Assembly in a bond and capital improvement act. This Act is a substitute for and differs from Senate Bill No. 50 by deleting the property tax component and instead provides that it is the intent of the General Assembly to appropriate at least $10 million for deferred maintenance for the next 5 years to be deposited to the Fund together with such other funds as may be deposited by the College from sources including, but not limited to, tuition and fees, private funds, non-state grants and federal support. This Act also provides a mechanism, but not an obligation, for the state to provide matching funds for minor capital improvement projects consistent with existing matching provisions for public education. This Act also makes technical corrections.

AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 280, VOLUME 81 OF THE LAWS OF DELAWARE RELATING TO COLLECTIVE BARGAINING FOR STATE EMPLOYEES.

This Act eliminates the set bargaining unit classifications established in 19 Del. C. § 1311A(b) and allows exclusive representatives of bargaining units to work with the Secretary of the Department of Human Resources to organize or consolidate bargaining units in a manner in which they can agree for purposes of collective bargaining. It also eliminates the requirement that exclusive bargaining representatives of exclusive bargaining units form a coalition for collective bargaining. The Act eliminates the provision allowing for an employee organization to seek to be certified for unrepresented employees. The Act provides that parties may engage in collective bargaining for compensation in conjunction with or separately from collective bargaining for terms and conditions. It requires that the negotiation of collective bargaining agreements be staggered over time while providing that collective bargaining agreements currently in place remain in place until they expire by their own terms. While the Act allows for exclusive representatives to bargain for different pay rate increases, it prohibits the compensation of bargaining units from exceeding the pay ranges for each pay grade as established each year in the appropriations act. In addition, it retains the existing scope of bargaining contained in 19 Del.C. Section 1311A(a). Finally, this Act makes technical revisions to conform with 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 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE CONTRACTS.

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

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

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

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

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

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTIES.

The Act allows the Kent County Levy Court to impose a lodging tax not greater than 3% in Kent County. This Substitute places the lodging tax imposed by the Act in the same Delaware Code provision where the New Castle County lodging tax is placed and where the Sussex County lodging tax is proposed to be placed by House Bill No. 228 (150th General Assembly). This change in placement also results in excluding rentals by the Department of Natural Resources and Environmental Control from the lodging tax established by § 8112 of Title 9. This change also does the following: (1) Makes clear that the lodging tax power under § 8112(a) of Title 9 refers to New Castle County. (2) Makes technical corrections to the language of the Act, and existing law, to conform it to the standards of the Delaware Legislative Drafting Manual.

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 DIVISION OF THE PUBLIC ADVOCATE.

This Act clarifies that the Public Advocate may appear before any federal or State court or federal or State administrative body in matters involving public utility rates, services, and practices of public utilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Senate Substitute No. 1 for Senate Bill No. 14 differs from Senate Bill No. 14 by allowing the Public Advocate to provide public comment before only State regulatory agencies and commissions and simplifying the language regarding the hiring of attorneys, as needed.

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 THE DELAWARE LITTER CONTROL LAW.

This Act addresses the serious problem of individuals dumping large quantities of trash on public and private property, by: • Defining a “substantial quantity” of litter as being more than an amount contained in a standard garbage can. • Providing enhanced penalties for the unlawful dumping of a substantial quantity of litter. • Creating the Litter Investigation and Enforcement Fund (“LIEF”), funded through restitution paid by offenders of this chapter, to support investigations to identify those who violate this chapter. This Act clarifies that a public authority or agency is not required to provide litter receptacles in a park or recreation area that is designated as a carry-on and carry-out facility. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute to Senate Bill No. 5 makes the following changes: • Clearly labels “littering” as a category of unlawful activity distinct from “dumping.” • Adds State parks, State forestry areas, State fish and wildlife areas, federal wildlife refuges, and lands within the State that are administered by the U.S. Department of Interior, National Park Service, to the list of areas that trigger enhanced penalties. • Establishes LIEF as a subaccount to the already-existing Special Law Enforcement Assistance Fund (“SLEAF”) under Subchapter II, Chapter 41, Title 11. • Requires disbursement of LIEF funds to follow the disbursement procedures already established for SLEAF. • Clarifies that the voluntary assessment alternative applies only to littering offenses. The penalty for dumping includes a mandatory community service obligation, so voluntary assessment cannot apply to dumping. • Updates language to allow courts to accept methods other than check or money order to make payments under this Act.

AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CONTRACTOR REGISTRATION.

This Act provides a fair bidding environment for contractors who obey the law and protects the interests of workers and taxpayers by implementing recommendations from the review of the Workplace Fraud Act required by Senate Resolution No. 26 of the 149th General Assembly by making changes to the Workplace Fraud Act and creating the Delaware Contractor Registration Act. This Act revises the Workplace Fraud Act by doing all of the following: 1. Creates definitions for the terms “contractor”, "general contractor", "construction manager", "labor broker", "outside of the usual course of business", "place of business", and "subcontractor" and revises the definition of "independent contractor". 2. Explicitly prohibits labor brokers from providing construction services. 3. Allows general contractors, construction managers, and subcontractors to engage other construction companies in the same line of work as the general contractor, construction manager, or subcontractor. The Delaware Contractor Registration Act creates a contractor registration system to effectively regulate employee misclassification by doing all of the following: 1. Requires contractors to pay a small annual fee and apply for a certificate of registration to engage in construction activities in this State. 2. Requires registered contractors to establish compliance with State labor and revenue laws. 3. Requires that all contractors who work on a public works contract comply with the new contractor registration requirement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Bill differs from Senate Bill No. 95 as follows: 1. Clarifies the definition of “contractor” and “independent contractor”. 2. Narrows the information required for registration to requirements that are applicable to the contractor and to information the Department of Labor (Department) does not already have. 3. Requires the contractor to disclose if the contractor or a person holding a financial interest in the contractor's business has been convicted of home improvement fraud or new home construction fraud or found to have engaged in a prohibited trade practice. 4. Creates lower registration fees for contractors that do not have public works contracts. 5. Defines the circumstances when the Department can require a surety bond and when the surety bond must be released. 6. Clarifies the opportunity and process to request a hearing if the Department decides to take an action to against a contractor. 7. Makes this Act effective on October 1, 2020 and states that the Department will conduct education and information sessions statewide regarding this Act.

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DENTAL CARE FOR ADULT MEDICAID RECIPIENTS.

Delaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die. This ultimately costs states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from Senate Bill No. 92 (150th General Assembly) because it changes the effective date of this Act to be April 1, 2020, and removes provisions made unnecessary by the change.

AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO THE PRIMARY CARE REFORM COLLABORATIVE AND THE CREATION OF THE OFFICE OF VALUE-BASED HEALTH CARE DELIVERY.

This Act expands the membership of the Primary Care Reform Collaborative and creates an Office of Value-Based Health Care Delivery in the Department of Insurance to reduce health care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. The Office of Value-Based Health Care Delivery will work with the Primary Care Reform Collaborative and the State benchmarking process. This Substitute Bill differs from Senate Bill No. 116 as follows: 1. Adds the Insurance Commissioner to the Primary Reform Collaborative. 2. Limits the definition of "carrier" to health insurers licensed under Title 18 or certified as a qualified health plan on the Delaware Health Insurance Marketplace. 3. Requires the Insurance Commissioner to promulgate regulations to implement Section 2 of this Act instead of adopting policies and procedures. 4. Removes the deadline to adopt the initial policies under this Act.

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.