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signed · Delaware · Senate Aug 15, 2019

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).
Frank Cooke (D) Darius Brown (D) · 2 co-sponsors
signed · Delaware · Senate Aug 14, 2019

SB 32: 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.
Melissa Minor-Brown (D) Darius Brown (D) David Bentz (D) · 16 co-sponsors
signed · Delaware · Senate Aug 13, 2019

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.
Krista Griffith (D) Stephanie Hansen (D) Anthony Delcollo (R) Ruth Briggs King (R) · 9 co-sponsors
signed · Delaware · House Aug 13, 2019

HB 220: 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.
David Bentz (D) Bryan Townsend (D) · 14 co-sponsors
signed · Delaware · Senate Aug 12, 2019

SB 113: 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.
Tizzy Lockman (D) David Bentz (D) · 7 co-sponsors
signed · Delaware · Senate Aug 12, 2019

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.
Quinton Johnson (D) Stephanie Hansen (D) · 8 co-sponsors
signed · Delaware · Senate Aug 12, 2019

SB 73: 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.
David B. McBride (D) David Bentz (D) Bryan Townsend (D) · 8 co-sponsors
signed · Delaware · House Aug 12, 2019

HB 7: 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.
Ed Osienski (D) Melissa Minor-Brown (D) Val Longhurst (D) · 6 co-sponsors
signed · Delaware · Senate Aug 12, 2019

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.
Earl G. Jaques Jr. (D) John J. Viola (D) Brian Pettyjohn (R) Bryan Townsend (D) · 13 co-sponsors
signed · Delaware · Senate Aug 12, 2019

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.
Ed Osienski (D) Frank Cooke (D) Sherry Dorsey Walker (D) Melissa Minor-Brown (D) David B. McBride (D) · 14 co-sponsors
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