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signed · Delaware · House Aug 10, 2018

HB 429: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION.

Cybersecurity attacks, including data breaches, corporate theft, and sabotage perpetrated by state and non-state actors throughout the world present unique threats to Delaware residents, governments, businesses, and critical infrastructure. Statewide coordination is required to effectively ensure cybersecurity protection. Cyber-attacks have increased significantly, providing evidence that information security must be strengthened to guard against threats. The State must leverage every partnership and mechanism available to combat the growing number of cyber-attacks and breaches. Trends show attacks growing by 64% annually. 84% of organizations have experienced cyber-attacks in the last 12 months. This bill strengthens Delaware’s defenses by facilitating multi-industry coordination among critical sectors such as communications, emergency services, energy, financial services, healthcare, water, and government. The primary objectives of the Council will be to focus on sharing and analyzing cyber threat intelligence in a collaborative manner.
Dave Sokola (D) Brian Pettyjohn (R) Deborah Hudson (R) Paul Baumbach (D) · 7 co-sponsors
signed · Delaware · House Aug 10, 2018

HB 432: AN ACT TO AMEND THE DELAWARE CODE RELATING TO ADMINISTRATIVE MATTERS INVOLVING THE TRANSFER OF STATE ECONOMIC DEVELOPMENT FUNCTIONS TO THE DEPARTMENT OF STATE.

The Division of Small Business, Development and Tourism was created by 81 Del. Laws ch. 49 and placed in the Department of State. This enactment transferred certain responsibilities for economic development, formerly in the Delaware Department of Economic Development, to this Division. The purpose of this Act is to address administrative housekeeping matters involving this transfer of responsibilities for economic development. Specifically, this Act changes the name of the Division of Small Business, Development and Tourism to the Division of Small Business. The Division of Small Business will remain in the Department of State and be responsible for economic development activities transferred to the Division of Small Business, Development and Tourism in 81 Del. Laws ch. 49. This Act also does the following: (1) Sets a new date for the submission of the Comprehensive State Plan for Economic Development and unifies the economic development reporting requirements of the Division of Small Business. (2) Limits the terms of members of the Council on Development Finance (“Council”) appointed after July 1, 2018. (3) Eliminates the requirement that all Council members be physically present to constitute a quorum for meetings, to foster greater efficiency in making economic development recommendations to the Division of Small Business. (4) Further deletes reference to programs governed by prior acts of the General Assembly such as the Agriculture/Aquaculture Program, the Liberty Court Apartments project, and the Human Investment and Partnership Program, to the extent that these programs are no longer active. Finally this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Jack Walsh (D) Lyndon Yearick (R) Brian Pettyjohn (R) Bryon H. Short (D) Gregory F. Lavelle (R) · 10 co-sponsors
signed · Delaware · House Aug 10, 2018

HB 340: AN ACT TO AMEND TITLE 29 AND TITLE 30 OF THE DELAWARE CODE RELATING TO INTERACTIVE FANTASY SPORTS CONTESTS.

This bill makes several updates and clarifications to the Interactive Fantasy Sports bill signed into law on July 26, 2017. The updates reflect the assignment of the regulation and tax administration to the Division of Gaming Enforcement and the Division of Revenue. This bill also allows for administrative expenses to be paid from the Interactive Fantasy Sports revenues. The bill requires persons who are in positions of control or authority of Interactive Fantasy Sports operators seeking to register in Delaware to submit to criminal background checks and provides for a basis for denial of an operator’s registration application if such individual has a criminal history. The bill also establishes administrative penalties for interactive Fantasy Sports operators who fail to comply with the law. Finally, this bill clarifies that season-long, friends and family games are exempt from licensing and enforcement requirements.
Charles Potter Jr. (D) · 1 co-sponsor
signed · Delaware · Senate Aug 8, 2018

SB 242: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PAY FOR SUCCESS CONTRACTS.

This Act creates Pay for Success contracts. A Pay for Success contract is an agreement between a State agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The State agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the State agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a State agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative.
Jack Walsh (D) Kim Williams (D) · 23 co-sponsors
signed · Delaware · Senate Jul 25, 2018

SB 175: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO WITHHOLDING OF INCOME TAX ON SALE OR EXCHANGE OF REAL ESTATE BY NONRESIDENTS.

This Act exempts the transfer of real estate acquired by foreclosure or deed in lieu of foreclosure from nonresident income tax withholding requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Brian J. Bushweller (D) Trey Paradee (D) Melanie George Smith (D) · 5 co-sponsors
signed · Delaware · Senate Jul 23, 2018

SB 91: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CARBON MONOXIDE DETECTION DEVICES.

This Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.
Dave Sokola (D) David Bentz (D) · 5 co-sponsors
signed · Delaware · Senate Jul 23, 2018

SB 196: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

This bill amends various sections of the Delaware Uniform Commercial Code (the “Act”) to keep it current. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 1-201(b)(27) of the Act to expressly include series of the other types of persons listed in such section as persons under the Act. Section 2. This section amends Section 9-102(a)(71) of the Act to expressly provide that a series of a registered organization constitutes a registered organization if the series is organized under the law of a single State and the statute of the State governing the series requires that a public organic record of the series be filed with the State. Section 3. This section provides that the proposed amendments shall become effective August 1, 2019.
Brian J. Bushweller (D) Bryon H. Short (D) Melanie George Smith (D) · 9 co-sponsors
signed · Delaware · House Jul 23, 2018

HB 342: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SALE OF MOTOR VEHICLES.

This Act makes changes and adds clarifying language to the dealership licensing section of Title21. First, it allows for the suspension of a dealership license for violations of either Title 21 or Title 30 rather than the current requirement for violations of both titles. It also adds that a dealer whose license is suspended cannot reapply for a new license until the terms of the suspension have been met. It also ensures the same character and conviction review standards applied during initial application of a dealership license are also applied to the renewal process. Finally, this bill adds a basis for suspension when a dealership is approved in Delaware, but in reality is rarely present or merely has a virtual office.
Bruce C. Ennis (D) John L. Mitchell (D) · 3 co-sponsors
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