Sen. Stephanie Hansen

This Concurrent Resolution requests that the Secretary of the Department of Transportation provide a report within 30 days of final passage of this Concurrent Resolution to the President Pro Tempore of the Senate, Speaker of the House of Representatives, Controller General, Director of the Division of Research of Legislative Council, Governor, and Director of the Office of Management and Budget that includes the amount of funds needed to adequately repair and maintain subdivision streets within the Capital Transportation Program without reliance on the Community Transportation Fund.

Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

This bill requires that inadvertent out-of-network services be included in individual and group health insurance policies as well as group and blank health insurance policies. This bill defines inadvertent out-of-network services are those services that are covered under a policy or contract of health insurances, but are provided by an out-of-network provider in an in-network facility, or when in-network health care services are unavailable or not made available to the insured in the facility. Inadvertent out-of-network services also includes laboratory testing ordered by an in-network provider but performed by an out-of-network laboratory.

A placard must be prominently displayed at all entrances of massage and bodywork establishments that have failed to obtain a valid license or have a license that is suspended, revoked, or expired. This bill provides that no placard can be removed unless the establishment is validly licensed and the removal of the placard is approved by the Division of Professional Regulation. This bill makes the unlawful removal of the placard a Class A misdemeanor, punishable of up to 1 year in jail and up to a $2300 fine.

This Act is the final leg of a constitutional amendment that would eliminate from the Delaware Constitution the limitations as to when an individual may vote by absentee ballot. This amendment to the Delaware Constitution provides that the General Assembly shall enact general laws providing the circumstances, rules, and procedures for absentee voting.

This bill extends the effective date of the Delaware Contractor Registration Act to July 1, 2021, or upon promulgation of final regulations. The unprecedented nature of the COVID-19 pandemic facing Delaware and the nation necessitates moving the implementation of the law until July 1, 2021, or upon promulgation of final regulations. The bill also extends the effective date of changes to the Workplace Fraud Act to mirror the effective date of the Delaware Contractor Registration Act. This will facilitate enforcement and alleviate logistical issues with the implementation of the contractor registry.

This Act amends the Real Estate Code to modernize the definition of purchase money mortgage under Delaware law to include lenders other than the seller of the mortgaged property who provide financing to purchase the property. Additionally, this Act extends the time period to record a purchase money mortgage from 5 days to 10 days and explicitly subordinates a mechanic’s lien under Chapter 27 of Title 25 to a purchase money mortgage. Finally, this Act makes technical corrections to conform existing language to the standards of the Delaware Legislative Drafting Manual. Specifically, the existing language of § 2108 of Title 25 is redrafted in § 2018(c) and (d) in this Act.

This Act removes the requirement that applicants for a marriage license state their race as part of the application process. Delaware is one of a small number of states that currently requires this information. In October 2019, the United States District Court for the Eastern District of Virginia ruled that requiring marriage license applicants to provide their race violates the United States Constitution. In Delaware, the Clerks of the Peace, who are the points of data collection, have expressed support for this Act, as has the Office of Vital Statistics in the Department of Health and Social Services. The National Center for Health Statistics ("NCHS") has not requested detailed information from states regarding marriage and divorce since 1996. NCHS only requires states to provide the total number of marriages that occur each month.

This Act adopts the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. This Act addresses an increasingly common form of abuse that can cause severe and often irreversible harm: the disclosure of private, sexually explicit images without consent. Much of the abuse is carried out electronically through internet websites, social media, email, or text messages, making it an interstate problem that is particularly suited for treatment by uniform state laws. This Act provides a uniform, comprehensive, clear, fair, and constitutionally sound definition of this harmful conduct and remedies for the harm it causes. Some intimate images disclosed without consent were originally created with consent or obtained within a confidential relationship. In other cases, the images were originally created or obtained without consent through surreptitious recording devices or other forms of voyeurism, or through theft, computer hacking, coercion, bribery, fraud, or force. Like many existing privacy laws, this Act applies only to sensitive content created or obtained under circumstances in which the individual had a reasonable expectation of privacy. Also similar to existing privacy laws, the Act includes limited exceptions for certain disclosures, including those made in the course of law enforcement, legal proceedings or education, medical treatment, or investigations of misconduct. This Act also includes an exception for disclosures relating to matters of public concern or public interest and disclosures reasonably intended to assist the victim. The Act further notes federal statutory limitations on the liability of providers and users of interactive computer services. The Act is narrowly drafted to avoid imposing liability on a discloser who lacks the requisite awareness of any of these elements: (1) that the image was created or obtained under circumstances in which the individual had a reasonable expectation of privacy or that the image was obtained through theft, bribery, false pretenses, voyeurism, or other wrongful acts, (2) that the individual shown in the image did not consent to the disclosure, or (3) that the individual shown was identifiable.

This Act amends Delaware’s probate code by adding a new section to provide restricted access to a decedent’s safe deposit box located in a financial institution and held in the decedent’s sole name, for the limited purpose of retrieving the decedent’s last will and declaration of last remains.