| HB 79 w/ HA 1 | Signed | Brady | This Act provides that the amount of ordinary or disability pension payable to a 9-1-1 operator includes 2.45% of the 9-1-1 operator's final average compensation multiplied by years of service above 25 years, the same multiplier as applied to corrections officers and specified peace officers.
This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE EMPLOYEES' PENSION PLAN. |
| HB 82 w/ HA 4 | Signed | D. Short | This bill seeks to amend sections of Chapter 66 concerning the Delaware State Fire Prevention by: imposing a timeframe on the Delaware Volunteer Firefighters’ Association to recommend nominate Commission members to the Governor; imposing a presumption of neglect if a Commissioner misses three consecutive Commission meetings; adjusting the terms and term limits of the Commissioners; to prohibit a Commissioner from also serving in a politically elected or appointed position while serving as a Commissioner; and to eliminate the requirement for an Advisory Board. The Commission also creates an Executive Director position, which will be currently filled by a current Commission employee serving in that function. That bill makes clear that that person’s current merit status will remain, but will become an exempt position when the position next becomes vacant. The bill proposes to authorize the imposition of fines for violations of applicable Code and regulatory provisions and reasonable fees for Commission's certifications to help defray costs and expenses with the Commission’s administration and enforcement of its powers under the Code and its regulations. Finally, the bill proposes to make several amendments to clarify and synthesize language in other sections of Chapter 66. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE DELAWARE STATE FIRE PREVENTION COMMISSION AND COMMISSION TERMS. |
| SB 86 | Signed | Gay | This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) 2019 review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and adds a requirement to DACCTE’s annual report to provide students and families access to information regarding educational, employment, and training opportunities. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION. |
| SB 87 w/ SA 1 | Signed | Gay | This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act.
This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANATOMICAL GIFTS AND THE DELAWARE HEALTH INFORMATION DATABASE. |
| SB 88 | Signed | Gay | This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes.
This Act largely tracks current law regarding the use of health care claims data that DHIN holds. It requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish. This Act maintains and enhances language that requires DHIN to disclose individually-identifiable patient information only with direct patient consent or for purposes permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations (“HIPAA”). This Act also provides additional protections to consumers, by codifying DHIN’s general practice of providing Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions.
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 DELAWARE HEALTH INFORMATION NETWORK AND THE PROTECTION AND USE OF INFORMATION. |
| SB 96 w/ SA 1 + HA 1 | Signed | Ennis | This bill authorizes the Department of Agriculture to update the Delaware Commercial Fertilizer and Soil Conditioner Law of 1971. Changes to this law include updating language to align with current industry terminology and includes applicable language from the most recent version of the Association of American Plant Food Control Officials (AAPFCO) Uniform State Bill, which is designed to create uniformity amongst states. This bill authorizes the Department of Agriculture to impose product registration and tonnage fees to better reflect current market rates and to assist the Department in funding costs associated with inspections, sampling and analysis for this chapter; to adjust requirements for current registering of Delaware mixing facilities and custom fertilizer blends. The proposed changes will give clarity to distributers and Department staff regarding product labeling, registration, and deficiencies as well as providing updated terminology to make regulating this program more efficient. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS. |
| SB 122 | Signed | Poore | This Act provides that the County Attorney of New Castle County, consistent with other department directors of New Castle County government, is appointed by the County Executive with the advice and consent of the New Castle County Council. Pursuant to § 1391 of Title 9, the Office of Law provides legal advice to the County Executive, County Council, and County departments, boards, offices, and agencies. This amendment would require the advice and consent of the County Council in the appointment of the County Attorney. Consequently, this proposed amendment would safeguard against unequal preference to either branch of government when advice is provided. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF THE COUNTY ATTORNEY OF NEW CASTLE COUNTY. |
| SB 124 | Signed | Ennis | This Act amends the Charter of the Town of Smyrna ("Charter") to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act:
Section 1 clarifies that when property is annexed into Town, included in the annexation are all adjacent streets, roads, and alleys, up to the center line.
Section 2 authorized the Town to impose a lodging tax of up to 3% on hotels, motels, and tourist homes.
Section 3 authorizes the Mayor to appoint town officers to terms that mirror the remainder of the Mayor's term.
Section 4 clarifies the procedures for abandoning and vacating streets and alleys, including the disposition of abandoned or vacated streets or alleys to adjoining property owners.
This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND THE TOWN CHARTER OF THE TOWN OF SMYRNA. |
| SB 128 | Signed | Gay | This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's (“JLSOC”) task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended amending the Delaware Health Information Network's ("DHIN") chapter to conform existing law with the standards of the Delaware Legislative Drafting Manual. This Act makes technical corrections to the DHIN chapter, including the following:
- Using active voice where possible.
- Using the singular where appropriate since, under § 304 of Title 1, “words used in the singular include the plural.”
- Converting block paragraphs into lists where possible, without changing the substance of the existing law, to enhance clarity and readability.
- Replacing “party” with “person” for consistency since, under § 302 of Title 1, “person” is defined as including “corporations, companies, associations, firms, partnerships, societies and joint-stock companies, as well as individuals.”
This Act makes one substantive change to DHIN's chapter, in clarifying the circumstances under which the Governor may suspend or remove a member or otherwise consider a member as having resigned from the DHIN Board of Directors. Under this Act, the provision relating to suspension, removal, or resignation of a DHIN Board member is updated to be consistent with similar provisions for other boards.
Section 8 of this Act does not take effect if Senate Bill No. 88 of the 151st General Assembly is enacted into law before January 1, 2023, and § 10312(3), Title 16 of Section 11 of this Act does not take effect if Senate Bill No. 119 of the 151st General Assembly is enacted before January 1, 2023. Both SB 88 and SB 119 are also the result of JLOSC’s review of DHIN, and both address substantive matters. The enactment of SB 88 or SB 119 override the technical corrections made in this Act, and the effective date clauses in Sections 15 and 16 of this Act reflect that policy.
This Act takes effective the January 1 after its enactment, to accommodate the enactment of the other bills currently pending before the 151st General Assembly relating to JLOSC’s review of DHIN. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK CHAPTER. |
| SB 137 | Signed | S. McBride | This Act amends Title 31 to allow the Superior Court to remand administrative hearing decisions after they have been reviewed on appeal for further factual findings or other proceedings as ordered by the Superior Court. In the absence of a remand decision, the Court is bound by the findings below, and has no ability to seek clarification of factual findings or to safeguard the procedural interests of the underlying parties. This Act provides the Superior Court with the type of flexible and nuanced approach it is able to employ under the Administrative Procedures Act. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE STATE PUBLIC ASSISTANCE CODE. |
| HB 194 | Signed | K. Johnson | This Act would revise the definition of Committee to include the Lenape Indian Tribe of Delaware in the body that determines the treatment and disposition of Native American unmarked burials and human skeletal remains. This Act would also add a new definition of a Committee convened by the Director of the Division of Historical and Cultural Affairs to address discoveries of non-Native American unmarked burials and human skeletal remains, including those of enslaved individuals and undetermined cultural affiliation. This Act also adds new definitions for “lineal descendant” and “proven kinship” to replace the undefined term “next of kin.” This Act would also clarify responsibilities of various parties and encourage preservation of unmarked burials in place, consistent with the purposes of the Chapter. This Act would make failure to report a discovery of remains a prohibited act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and removes erroneous references to “subchapter.” | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNMARKED HUMAN BURIALS AND SKELETAL REMAINS. |
| SB 156 | Signed | Walsh | This Act requires that prevailing wages be paid to laborers and mechanics working on all University of Delaware construction sites or renovation projects that exceed a certain cost. The prevailing wages are set by the Delaware Department of Labor, Division of Industrial Affairs, and apply to various classes of laborers and mechanics, according to the county in which the work is performed. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CHARTER OF THE UNIVERSITY OF DELAWARE. |
| HB 213 | Signed | Mitchell | This Act amends the Charter of the Town of Elsmere and Title 21 of the Delaware Code to create a Voluntary Assessment Center and establish procedures governing the creation and operation of the Center. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELSMERE AND TITLE 21 OF THE DELAWARE CODE RELATING TO A VOLUNTARY ASSESSMENT CENTER. |
| HB 221 | Signed | Bush | This Act codifies procedure for the appointment of a County Administrator by the Kent County Levy Court and specifies the powers and duties of that position. Section 2 of the Act strikes Section 5001 of Title 9 relating to Kent County because it is a duplicate of existing Section 4117 of Title 9. Section 3 strikes 4112 relating to employment of county officers, as authority over hiring is now vested in the County Administrator pursuant to new Section 4108(d)(1). Section 4 updates the provision relating to the Kent County Engineer so that position is hired by the County Administrator rather than the Levy Court. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF KENT COUNTY GOVERNMENT. |
| SB 10 | Signed | Hansen | This Act provides for the establishment of stormwater maintenance districts in New Castle County and for the collection and use of stormwater maintenance fees to help pay for maintenance in the districts. This Act is modeled on Chapter 52 of Title 9 that has allowed Kent County to create stormwater maintenance districts and differs only in format for clarity and to conform to the standards of the Delaware Legislative Drafting Manual.
Under this Act, New Castle County will adopt an ordinance that provides the procedures and criteria related to the establishment of stormwater maintenance districts. The adoption of the ordinance is required to implement this Act. Once this Act is implemented, it is mandatory that any new subdivision or land development in any unincorporated area in New Castle County establish a stormwater maintenance district, if required to do so under the implementing ordinance. Subdivisions and land developments in existence when this Act is implemented may petition the county government to declare the area a stormwater maintenance district. A stormwater maintenance district may be established within an incorporated area, but only with the concurrence of the local governing body. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO STORMWATER MANAGEMENT DISTRICTS IN NEW CASTLE COUNTY. |
| SJR 5 | Signed | Hansen | This Senate Joint Resolution creates a one-time, Toll Violation Amnesty Program (Amnesty Program) to provide a 3 month long opportunity for people to satisfy toll debt that is in collection from toll violations that occurred on I-95 and SR 1. The Amnesty Program will collect funds that the State would probably otherwise never receive. Each year, the Department of Transportation collects over $190 million from over 70,600,000 toll transactions on I-95 and SR 1. However, Delaware is owed over $143.4 million in toll debt from unpaid tolls, penalties, and fees from toll violations on these highways. The most recent 3-year average collection rate of toll debt is 8.4%.
In addition, financial incentives can increase the voluntary payment of fines and high administrative fees and financial costs have a disparate impact on people who are poor and can discourage people from making payments towards their toll debt. Under state law, each toll violation results in an administrative fee of $25.00; a civil penalty of $25.00; and for violations that occurred after January 31, 2017, a $10.00 fee for the Volunteer Ambulance Company Fund and a $15.00 fee for the Fund to Combat Violent Crimes. In addition, a civil penalty surcharge of $12.50 is added for each toll violation that remains unpaid after 42 days. Thus, a driver who fails to pay a $1.00 toll is initially assessed $51.00 in toll debt, which increases to $88.50 if it is not paid within an additional 42 days.
The Amnesty Program is structured to collect at least as much revenue as Delaware collects annually in toll debt that is in collections. Toll violations that occurred on I-95 and SR 1 between January 1, 2014 through April 30, 2020 are eligible for the Amnesty Program and notice of the Amnesty Program will be provided to each person with eligible toll debt. The Amnesty Program will operate for 3 months. The Amnesty Program will not apply retroactively.
To satisfy toll debt under the Amnesty Program, a person must pay the full amount of the tolls owed and an amnesty fee. The amnesty fee reduces the amount due from fees and penalties and is established under this Senate Joint Resolution in amounts based upon the number of toll violations included in the toll debt. For example, a person with 9 toll violations can satisfy their $796.50 toll debt by paying $69.00 and a person with 496 toll violations can satisfy their $43,896.00 toll debt by paying $1,306.00. Instead of a flat fee per violation, the Volunteer Ambulance Company Fund and the Fund to Combat Violent Crimes will each receive a portion of each amnesty fee that is collected during the Amnesty Program, and it is anticipated that each fund will receive a total payment that is equal to or greater than the amount these funds would anticipate receiving through the regular collections process. | CREATING A TOLL VIOLATION AMNESTY PROGRAM. |
| SB 25 | Signed | Townsend | Chiropractic care is a drugless system of health care. It is uniquely positioned as a treatment for back pain and chronic headaches, which a peer-reviewed medical journal has indicated are alarming drivers of opioid-related deaths. Other peer-reviewed studies have indicated that chiropractic physician care reduces opioid usage rates, costs significantly less than the opioid treatment path, and contributes to preventing addiction and overdose death. In Delaware, back problems are a top-three cost driver and are among the most common conditions resulting in disability and lost productivity. This Act helps to address these issues in Delaware and improves access for Delawareans seeking opioid-free treatment by ensuring chiropractors are reimbursed at least at the level of Medicare and not at historically persistent lower rates. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE AND REIMBURSEMENT FOR SERVICES PROVIDED BY A CHIROPRACTOR. |
| SB 171 | Signed | Sokola | This Act provides additional procedures necessary to ensure that incarcerated individuals who were residents of Delaware immediately before their date of incarceration are counted for reapportionment and redistricting purposes at their last known residence as required by law. Specifically, this Act does the following:
1. Clarifies that this law applies to individuals incarcerated in a state correction facility in Delaware.
2. Designates the Department of Elections as the state agency in charge of geocoding the last known residence of these incarcerated individuals.
3. Requires the Department of Correction to provide last known residence information in its possession to the Department of Elections by September 15 of the year of a federal decennial census after the general election of 2022.
4. Requires the Department of Elections to make reasonable efforts to correct last known residence data that is not geocodable. If the Department is not able to geocode the last known address of an incarcerated individual, the Department shall establish the address of the incarcerated individual as the State correctional facility where the individual is incarcerated.
5. Requires the Department of Elections to provide the geocoded last known residence data to the General Assembly by January 15 of the year following a federal decennial census after the general election of 2022.
Additionally, Section 2 of this Act makes clear that, while the deadlines in the amended version of § 804A of Title 29 of the Delaware Code only apply prospectively, because the deadlines have passed for purposes of redistricting for the general election of 2022, the intent is that the amended version of § 804A of Title 29 apply for purposes of redistricting for the general election of 2022 and the Department of Correction and Department of Election provide the necessary data as soon as practicable.
This Act also makes technical corrections 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 COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES. |
| HB 237 | Signed | Mitchell | Currently, there are police officers in this State that are not covered by the Police Officers’ and Firefighters’ Employment Relations Act meaning that they do not possess the right of organization and representation. The purpose of this bill is to allow certain law enforcement officers, including supervisors, currently not covered by the Act to have the right of organization and representation. This bill only makes those officers not currently covered by the Act eligible to organize and be represented under the Act. The Act is not intended and should not be construed to affect the rights of any public employer, police officer, or firefighter already covered by the Act. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO POLICE OFFICERS’ AND FIREFIGHTERS’ EMPLOYMENT RELATIONS ACT. |
| SB 181 | Signed | Sokola | This Act makes clear that the Town of Delmar, Delaware is a public employer for purposes of the Police Officers' and Firefighters' Employment Relations Act, Chapter 16 of Title 19 of the Delaware Code, and Chapter 16 of Title 19 applies to the Town, including in a cooperative agreement between the Town of Delmar, Delaware and the Town of Delmar, Maryland. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE AND THE CHARTER OF THE TOWN OF DELMAR RELATING TO THE POLICE OFFICERS' AND FIREFIGHTERS' EMPLOYMENT RELATIONS ACT. |
| SB 184 w/ SA 2 | Signed | Walsh | Senate Substitute No. 1 for Senate Bill No. 48 (SS 1 for SB 48) of the 150th General Assembly enacted a requirement that contractors bidding for large public works contracts provide craft training of apprentices and journeymen. This Act clarifies the craft training requirement and increases options for how contractors can satisfy this requirement.
This Act clarifies when craft training is required as follows:
1. Moves the requirement that the Department of Labor maintain a list of crafts for which there are approved and registered training programs to Chapter 2 of Title 19.
2. Revises the definition of “craft training” in § 6902 of Title 29 to mean a program on the list of approved and registered training programs required under Chapter 2 of Title 19.
3. Clarifies the craft training requirement by creating a new statute for the craft training requirement that establishes when craft training must be included in a large public works contract, that the requirement applies to each craft included in the contract, and when the list of crafts for which there are approved programs in Delaware must be updated each year.
4. Makes corresponding revisions to the penalty section of § 6962 of Title 29 to reference the new location of the craft training program requirement.
As enacted by SS 1 for SB 48, contractors can satisfy this craft training requirement by providing the craft training themselves or through agreement with other organizations. This Act clarifies and expands the ways that contractors can satisfy the craft training requirement. Under this Act, a contractor can satisfy the craft training requirement by doing any of the following for each craft in the contract for which craft training is required:
1. Having at least 1 active apprentice in a craft training program approved by and registered with any state apprenticeship agency or the United States Department of Labor for the duration of the project.
2. Having at least 1 active apprentice who completes an approved and registered craft training program within the 6 months before the contract was executed.
3. Making a payment for the craft into a new Apprenticeship and Training Fund. The amount of the payment will be established for each craft in an amount that is equal to 4 times the average annual cost of the vocational-technical programs providing craft training for 1 individual for the craft. The Apprenticeship and Training Fund will be used to expand and promote adult trade extension and apprenticeship programs.
This Act also creates a penalty for failing to comply with the craft training requirement. Contractors who comply with the craft training requirement by making the payment to the Apprenticeship and Training Fund must make the payment before the contract is executed. For contracts where the craft training requirement will be satisfied through having an apprentice participating in or who has recently completed a craft training program, a contractor who fails to comply with this requirement must make the payment due for the craft to the Apprenticeship and Training Fund and pay a penalty in an amount that does not exceed 10% of that payment.
This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee. | AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CRAFT TRAINING REQUIREMENTS IN PUBLIC WORKS CONTRACTS. |
