SPONSOR: |
Rep. Longhurst & Sen. Sokola |
Reps. Minor-Brown, Harris, Ramone, Yearick; Sens. Townsend, Lockman, Hocker, Pettyjohn, Gay |
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 288
AN ACT TO AMEND THE DELAWARE CODE AND CHAPTER 168 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE DIVISION OF RESEARCH.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 211, Title 1 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 211. Scope of editorial revision; omissions.
(c)(1) The Revisors shall use gender silent techniques to ensure that masculine and feminine pronouns are not used and shall ensure that a solely masculine or feminine designation occurs only when it applies to 1 gender.
(3) If the Revisors cannot determine how to apply paragraph (c)(1) of this section to masculine and feminine pronouns used in a law, the Revisors shall report this to the Director of the Division of Research Legislative Services for possible correction through the legislative process.
Section 2. Amend § 1504, Title 2 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1504. Powers; duties.
(a) The Council shall do all of the following:
(6) Submit an annual report of the Council’s activities and recommendations to the Governor, General Assembly, and the Director and the Librarian of the Division of Research of Legislative Council. Legislative Services. The Council shall also provide copies of the annual report to each affected state agency or municipality and make the report available on the Council’s website.
Section 3. Amend § 10004, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10004. Climate Action Plan.
(g) Presentation of the Climate Action Plan. —
Each updated Climate Action Plan shall be presented to the General Assembly by providing it to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the chairs of the Natural Resources and Agriculture Committees of the House of Representatives Representatives, and the chairs of the Environment, Energy and Transportation and Agriculture Committees of the Senate.
Section 4. Amend § 10006, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10006. All of government implementation.
(d) Climate Action Plan Implementation Report. — (1) The Department, working with the Office of the Governor, shall provide to the General Assembly by providing it to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, the Chairs of the Natural Resources and Agriculture Committees of the House of Representatives Representatives, and the Chairs of the Environment, Energy and Transportation and Agriculture Committees of the Senate Senate, a Climate Action Plan Implementation Report by January 1, 2024, and thereafter shall provide this Implementation Report to the Legislature General Assembly in the same manner every 2 years. Each Implementation Report shall summarize the State’s progress on the strategies outlined in the most recent Climate Action Plan, and shall summarize, at minimum, the following:
Section 5. Amend § 1129, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1129. Local service functions; Local Service Function Review Committee.
(e) The Local Service Function Review Committee must provide an annual report containing a summary of the review conducted under this section and any recommendations for improvements to all members of the County Council, each municipality in New Castle County, all members of the General Assembly who represent New Castle County, and the Director and the Librarian of the Division of Research Legislative Services by September 15 of each year.
Section 6. Amend § 787, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.
( l ) Display of public awareness sign; civil penalty for failure to display. —
(6) a. The Department shall submit to the General Assembly and the Council an annual written report that contains all of the following information:
b. For purposes of submitting the report to the General Assembly, the Department shall submit the report to the Secretary of the Senate, Chief Clerk of the House, the Director and the Librarian of the Division of Research, Legislative Services, and the Controller General of the Office of the Controller General.
Section 7. Amend § 4107, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4107. Annual report.
(e) The reports by the Administrative Office of the Courts and the Delaware Criminal Justice Information System must be submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Chief Justice, the Attorney General, the Chief Defender, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives.
Section 8. Amend § 6605, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6605. Annual report.
No later than 30 days before the end of each fiscal year, the Commissioner of the Department of Correction shall submit a written report to the Office of the Governor, the Chairs of the House Corrections Committee and the Senate Corrections and Public Safety Committee, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Public Archives that certifies compliance with this chapter and includes an account of every instance where restraints were used on a prisoner who is pregnant, in labor, in delivery, or in the immediate postpartum period, other than the use of wrist restraints fastened in front of the body. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.
Section 9. Amend § 158, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 158. Reading screening.
(e) Beginning in 2023, on or before December 31, the Department shall annually compile the information received from districts and charters under subsection (d) of this section and deliver a comprehensive report to the State Board of Education, the Governor, the Chairs of the Education Committees of the Senate and House of Representatives, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives. The report must also be available to the public on the Department’s website.
Section 10. Amend § 311, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 311. Annual report.
The Board, in consultation and cooperation with the Department, shall submit an annual report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Research of Legislative Council Legislative Services on or before January 31 each year.
Section 11. Amend § 1008, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1008. The Redding Consortium for Educational Equity.
(r) The Consortium shall report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House, the City of Wilmington, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives at least once each fiscal year. It shall annually present a report to a joint session of the education committees of the Senate and the House. Each report must include all of the following:
Section 12. Amend § 3402, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3402. Administration.
(q) The Office shall annually report the number of recipients and the total amount of expenditures made under this chapter for the programs administered by the Office. The report shall be delivered to the General Assembly, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, Office of Management and Budget, and the Delaware Public Archives. Members of the General Assembly may request the institutions attended by recipients.
Section 13. Amend § 4116A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4116A. Mental health educational programs.
(g) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Public Archives no later than January 15 of each year. The report must include a description of the educational programing provided under subsection (b) of this section, how the programming complies with subsection (c) of this section, and how the programming has been implemented by each school district and charter school.
Section 14. Amend § 4143, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4143. Black history instruction.
(f) (1) Each school district and charter school shall designate an individual responsible for overseeing the implementation of the educational programming provided under this section. Each school district and charter school shall provide the name and contact information for the individual designated under this subsection to the Department of Education no later than September 15 of each year.
(3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Research Legislative Services no later than January 15 or of each year. The report must include the educational programming provided under paragraph (a)(3) of this section and how the curricula has been implemented by each school district and charter school.
Section 15. Amend § 4145, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4145. Evidence-based reading curricula.
(d) (1) Beginning December 31, 2023, the Department shall produce an annual report that provides all of the following:
(3) The Department shall send the report required under this subsection to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the members of the House and Senate Education Committees, the Governor, State Board of Education, P-20 Council, Professional Standards Board, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives.
Section 16. Amend § 4146, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4146. Media literacy.
(d) Every 3 years, the Department shall prepare a written report, no later than July 31, that includes the educational programming provided under this section and how the school districts and charter schools implemented the standards under this section. The Department shall send this report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives.
Section 17. Amend § 4147, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4147. Delaware Public Education Equity Ombudsperson Program; codification; purpose.
(f) (1) The Program shall annually provide a report to the Education Equity Council, the Governor, the Chairs of the House and Senate Education Committee, Committees, the State Board of Education, the Department of Education, the Chairs of the Joint Finance Committee, the Controller General, the Director and the Librarian of the Division of Research, Legislative Services, and the Public Archives that contains at least the following information:
Section 18. Amend § 4163, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4163. Child abuse and child safety awareness, prevention, detection, and reporting [For applicability of section, see 83 Del. Laws, c. 407, § 2].
(f) Accountability. —
(3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Research Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (b) of this section and how the curriculum has been implemented by each school district and charter school under subsection (d) of this section.
Section 19. Amend § 4167, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4167. Consent education.
(b) Reporting. —
(3) The Department of Education shall submit a written report to the Governor, the members of the General Assembly, and the Director and the Librarian of the Division of Research Legislative Services no later than January 15 of each year. The report must include the educational programing provided under subsection (a) of this section and how the curriculum has been implemented by each school district and charter school under subsection (a) of this section.
Section 20. Amend § 8609, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8609. Annual report.
(b) DACCTE shall submit the annual report under this section to the Governor, the General Assembly, the Department of Education’s Director of Career and Technical Education, and the Director and the Librarian of the Division of Research of Legislative Council. Legislative Services.
Section 21. Amend § 2210A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2210A. Annual report.
(b) The Division shall provide a copy of the report issued under subsection (a) of this section to all of the following:
(6) The Director and the Librarian of the Division of Research of Legislative Council. Legislative Services.
Section 22. Amend § 2606, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2606. Annual report.
The Division of Public Health shall annually, on or before January 1, provide a report on elevated blood lead levels to the General Assembly by delivering a copy of the report to the Secretary of the Senate, Chief Clerk of the House of Representatives, and the Director and the Librarian of the Division of Research. Legislative Services.
Section 23. Amend § 5195, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5195. Behavioral Health Consortium; Prescription Opioid Distribution Commission.
(c) (1) The Consortium shall periodically report to the Governor and General Assembly, on a schedule to be determined by the Consortium, to recommend any potential legislative action that ensures quality delivery and expanded access to behavioral health care. The first report is due by April 16, 2018.
(3) The Consortium and Commission shall provide a copy of each report under this subsection to the Director and the Librarian of the Division of Research of Legislative Council Legislative Services and to the Delaware Public Archives.
Section 24. Amend § 5196A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5196A. Organization and composition of the Prescription Opioid Settlement Distribution Commission.
(c) The Attorney General and Governor, or their designees, shall co-chair the Commission and shall be responsible for guiding the administration of the Commission by, at a minimum, doing all of the following:
(5) Ensuring that any reports produced by the Commission is are distributed to members of the Delaware General Assembly, the Governor, the Director and the Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives.
Section 25. Amend § 6202, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6202. The Delaware Gun Shop Project.
(e) The Gun Shop Project shall submit a written report as part of the Coalition’s annual report under this chapter, with a copy submitted to the Director and the Librarian of the Division of Research of Legislative Council. Legislative Services. The annual report must include all of the following:
Section 26. Amend § 10211A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10211A. Behavioral Health Crisis Intervention Services Board.
(b) The Board shall do all of the following:
(4) Provide a written report not later than November 15 of each year to all of the following:
e. The Director and the Legislative Librarian of the Division of Research. Legislative Services.
Section 27. Amend § 10213A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10213A. Disbursements from the Fund.
(d) The Secretary of the Department of Health and Social Services shall provide a written report not later than the second Tuesday of January each year to all of the following regarding each expenditure made under the Fund in the previous fiscal year and to what extent the expenditure accomplished the intended purpose of the expenditure:
(5) The Director and the Legislative Librarian of the Division of Research. Legislative Services.
Section 28. Amend § 204, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 204. Publication of state boundaries.
The Director of the Division of Historical and Cultural Affairs is hereby directed to publish a small pamphlet setting forth in latitudes and longitudes, as currently determined by the United States Coast and Geodetic Survey, the boundaries of the State. In addition to other distribution, copies shall be sent to the Department of Natural Resources and Environmental Control, the State Department of Transportation, the Legislative Council Division of Legislative Services, and the Library of Congress.
Section 29. Amend § 707, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 707. Stationery.
The Division of Research Legislative Services shall provide stationery for the use of the General Assembly and its members.
Section 30. Amend § 902, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 902. Preservation of bills and resolutions passed.
All bills and resolutions passed by the General Assembly which are published in the Session Laws are to be preserved by being printed, stenciled, or typewritten and not copied or transcribed with the pen. The original of all bills and resolutions are to be produced in a manner approved by the State Archivist and Records Administrator and the Director of Research of the Legislative Council, the Division of Legislative Services, or the Director’s designee, for permanency and legibility.
Section 31. Amend § 904, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 904. Engrossment; duty of Secretary of the Senate and Chief Clerk of the House as to passed bills or resolutions.
(a) (1) If a bill or resolution is amended, the Division of Research Legislative Services shall prepare an engrossed copy of the bill or joint resolution for the Governor and publication in the Session Laws and the simple or concurrent resolution for publication on the General Assembly’s website.
(2) In preparing the engrossed copy of a bill or resolution, the Division of Research Legislative Services may correct manifest clerical, typographical, and grammatical errors created during the amendment process.
(3) In preparing the engrossed copy of a bill or resolution, the Division of Research Legislative Services shall proofread the engrossed copy before release to ensure accurate engrossment.
(b) The Secretary of the Senate or the Chief Clerk of the House, as appropriate, shall do all of the following:
(3) Report to their respective Houses and the Division of Research Legislative Services on each bill or resolution presented under paragraph (b)(1) of this section.
(c) The Secretary of the Senate and the Chief Clerk of the House shall report to their respective Houses on a bill or resolution that becomes law without the Governor’s signature under § 18 of Article III of the Delaware Constitution. The Division of Research Legislative Services shall publish the bill or resolution under § 906 of this title in the same manner as if the Governor had signed it.
Section 32. Amend § 905, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 905. Legislative journal; compiling; publication; content; disposition of originals.
(h) The publication of the legislative journals is to be done under contract made by the Director of Research of the Legislative Council, Legislative Services, or the Director’s designee, and under the supervision of the Secretary of the Senate and Chief Clerk of the House of Representatives, as appropriate. The Secretary of the Senate and the Chief Clerk of the House, as soon as their respective journals have been published, shall deliver the originals together with all communications, petitions, and other related papers to the State Archivist and Records Administrator for proper disposition.
Section 33. Amend § 906, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 906. Publication of Session Laws; typographical errors; Executive Register.
(a) (1) The Director of Research of the Legislative Council Legislative Services (“Director”), or the Director’s designee, shall, as soon as practicable after the adjournment of the General Assembly, have published accurately in volume form, with an index thereto, copies of all of the following:
Section 34. Amend § 914, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 914. Procedure for notice to the public of a proposed amendment to the Delaware Constitution.
(d) The Secretary of the Senate, Chief Clerk of the House of Representatives, State Election Commissioner, and Director of the Division of Research Legislative Services shall review and approve the notice to be disseminated under subsection (b) of this section.
(e) (1) The individual responsible for dissemination under subsection (c) of this section shall provide immediate notice of doing so to all of the following:
c. The Director and Legislative the Librarian of the Division of Research of Legislative Council. Legislative Services.
Section 35. Amend § 1106, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1106. Director of Research the Division of Legislative Services ; qualifications; compensation; removal.
(a) The Council shall appoint, with the consent of a majority of the members elected to each House of the General Assembly, a Director of Research the Division of Legislative Services (“Director”) who shall serve full time. The Director shall:
(b) The Director of Research shall receive such compensation as shall be determined by the Council, subject to the limitations contained in the annual appropriation act.
(c) The Director of Research, Director, upon appointment, shall serve for so long as the Director properly performs the duties of Director and shall not be removed except for cause and only then upon the affirmative vote of 8 members of the Council.
Section 36. Amend § 1107, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1107. Duties of the Director of Research. the Division of Legislative Services.
(a) The Director of Research the Division of Legislative Services (“Director”) shall:
(1) Organize and supervise the Research Division of the Council; Division of Legislative Services;
(b) The Director of Research shall be the Secretary of the Council. The Director shall prepare the agenda for meetings pursuant to the direction of the Chairperson. The Director shall cause to be kept the minutes of the Council and shall submit a copy thereof to the members of the General Assembly within 15 days of each meeting of the Council.
Section 37. Amend § 1120, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1120. Custody.
The Director of Research of the Legislative Council the Division of Legislative Services, or the Director’s designee designee, shall receive and exercise control over all inventory of Session Laws and legislative journals for sale and distribution as provided by law.
Section 38. Amend § 1121, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1121. Sale.
The Director of Research of the Legislative Council the Division of Legislative Services, or the Director’s designee designee, shall make available for sale all inventories of Session Laws and legislative journals in the State for such sum not less than the cost for preparation. All sums received from the sale of books shall become a part of the General Fund of this State. Sale of the Delaware Code and the Delaware Code pocket parts shall be in accordance with § 108 of Title 1.
Section 39. Amend § 1122, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1122. Distribution to state agencies and legislators.
The Director of Research of the Legislative Council the Division of Legislative Services, or the Director’s designee designee, shall distribute gratis copies of the Session Laws and legislative journals in the inventory to such agencies and public officials of the State as show a need for them.
As soon as possible after publication, the Director of Research Director, or the Director’s designee, shall distribute gratis to each person who was a member of the General Assembly to which the books related a copy of the Session Laws enacted by that General Assembly and a copy of the journals of that session.
Section 40. Amend § 1123, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1123. Free distribution with libraries.
The Director of Research of the Legislative Council the Division of Legislative Services, or the Director’s designee designee, shall transmit a copy of the Session Laws and a copy of the journal of each House as soon after the books are published as practical to each of the following: The Library of Congress, the Delaware Historical Society, the Wilmington Institute Free Library Library, and to public law libraries within the State, 2 copies each. No agency except a public law library shall be entitled to receive gratis more than 1 copy of each book from the State, from whatever source received.
Section 41. Amend § 1124, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1124. Exchanging.
The Director of Research of the Legislative Council the Division of Legislative Services, or the Director’s designee designee, in conjunction with the State Law Library in Kent County shall forward a copy of the Session Laws and the legislative journals published by or under the authority of the State to each state, territory or district of the United States which exchanges its books with the State Law Library in Kent County and may exchange books with any province of Canada and foreign country that exchanges its books with the State Law Library in Kent County. In the event that any state, territory, district, province or country does not exchange Session Laws and legislative journals published by it or under its authority or does not exchange a book or set of books equivalent to sets of books published by the State, then the Director of Research Director, or the Director’s designee, may refuse to transmit to such state, territory, district, province or country such books of the State. The Director of Research of the Legislative Council Director, or the Director’s designee designee, may also exchange books of the State for books of equal value received from other sources.
Section 42. Amend § 1132, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1132. Definitions.
(2) “Division” means the Division of Research of Legislative Council Legislative Services as established pursuant to this chapter.
Section 43. Amend § 1501, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1501. Continuation; composition; qualifications of members.
(c) The Director of Research of the Legislative Council of Delaware the Division of Legislative Services shall also be a Commissioner. If the Director is not eligible to be a Commissioner, or declines to serve, the Director may designate an employee of the Legislative Council, Division of Legislative Services, who is qualified to be a Commissioner, to serve as a Commissioner.
Section 44. Amend § 1707, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1707. Recording and publication.
(b) The designation of an emergency interim successor becomes effective when the member making the designation under § 1704 or § 1706 of this title files with the Secretary of State and the Director of the General Assembly’s Division of Research Division of Legislative Services all of the following information:
(c) The removal of an emergency interim successor or change in order of succession becomes effective when the member so acting files this information with the Secretary of State and the Director of the General Assembly’s Division of Research. Division of Legislative Services.
Section 45. Amend § 2544, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2544. Common Interest Community Ombudsperson; powers and duties.
The Ombudsperson shall have the following powers and duties:
(16) To make an annual report of the Office’s activities to the Governor, the Attorney General, the General Assembly, and the Chief Justice of the Supreme Court on or before December 1 of each year. A copy of the report shall be provided to the Director and the Librarian of the Division of Research. Legislative Services. Each such report shall contain:
Section 46. Amend § 4107, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4107. Consortium report.
(b) The Consortium shall deliver a copy of the report required under subsection (a) of this section to all of the following:
(4) The Director and the Librarian of the Division of Research of Legislative Council. Legislative Services.
Section 47. Amend § 5812, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5812. Definitions.
(n) (1) “Public officer” shall mean:
d. The Research Director of the Division of Legislative Services and Controller General of the Legislative Council; and
Section 48. Amend § 7510, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7510. Certificate of necessity.
(c) At the same time the Secretary submits the proposed annual major capital improvement program budget and certifies the necessity and total cost, the Secretary shall publish on its website and submit to the co-chairs of the Joint Committee on Capital Improvement, the Controller General, and the Director and the Librarian of the Division of Research Legislative Services a report that includes all of the following:
Section 49. Amend § 7907, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7907. Delaware Nursing Home Residents Quality Assurance Commission.
(j) The Commission shall prepare and publish an annual report to the Governor, Secretary, the General Assembly, and the Director and the Librarian of the Division of Research of Legislative Council. Legislative Services. The annual report must include at least all of the following:
Section 50. Amend § 8011, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8011. Water Infrastructure Advisory Council.
(e) Council’s duties and responsibilities include all of the following:
(1) To evaluate, establish, recommend, and adopt all of the following:
a. A long-term plan for the public funding of drinking water supply facility and wastewater facility infrastructure projects. The plan must cover a period of not less than 6 years, be updated and prioritized on an annual basis, and incorporated into DNREC’s and DHSS’s annual capital budget requests to the Governor. Council shall submit a copy of the adopted plan to the General Assembly and the Director and the Librarian of the Division of Research of Legislative Council Legislative Services on or before November 15 of each year.
Section 51. Amend § 8055, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8055. Governor’s Energy Advisory Council.
(j) Annual report. —
On or before January 31, 2023, and on or before every January 31 thereafter, the Council shall submit an annual report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives for distribution to the members of the General Assembly, with a copy to the Director and the Legislative Librarian of the Division of Research of Legislative Council, Legislative Services, and the Delaware Public Archives.
Section 52. Amend § 8063, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8063. Electric School Bus Program.
(d) The reports in subsections (b) and (c) of this section shall be delivered to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Research, Legislative Services, and the Public Archives.
Section 53. Amend § 8082, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8082. Clean Water Trust oversight.
(f) The Committee must submit the annual report and the updated strategic plan identified in subsection (d) of this section to the General Assembly, the Governor, and the Director and the Librarian of the Division of Research of Legislative Council Legislative Services no later than February 1 of each year.
Section 54. Amend § 8705A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8705A. Division of Small Business — Powers, duties, and functions of Director.
The Director shall have the following powers, duties, and functions:
(16) To develop a 5-year Comprehensive State Plan for Economic Development.
c. The Plan shall be submitted every 5 years to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, the Secretary, and, for public distribution, to the Director and the Librarian of the Division of Research of Legislative Council Legislative Services and the Director of Public Archives. The Division shall also publish the Plan on the Division’s public website. The initial Plan is due December 1, 2020.
Section 55. Amend § 8716A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8716A. Reports.
(e) The Division shall submit all reports, when due, to the Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, the Secretary, and, for public distribution, to the Director and the Librarian of the Division of Research of Legislative Council Legislative Services, and the Director of Public Archives. The Division shall also publish the reports on the Division’s public website.
Section 56. Amend § 8905, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8905. Council on Correction [Effective until Sept. 17, 2026].
(h) Council shall submit an annual report no later than December 1 to the Governor, General Assembly, Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction, Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Research of Legislative Council. Legislative Services. The annual report must include at least all of the following:
Section 57. Amend § 8905, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8905. Council on Correction [Effective Sept. 17, 2026].
(h) Council shall submit an annual report no later than December 1 to the Governor, General Assembly, Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction, Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Research of Legislative Council. Legislative Services. The annual report must include at least all of the following:
Section 58. Amend § 10201, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10201. Definitions.
As used in this chapter:
(2) “Committee staff” means the employees of the Division of Research of Legislative Council Legislative Services who are assigned to support the Committee.
Section 59. Amend § 10204, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10204. Committee staff; appropriations.
(a) Employees of the Division of Research of Legislative Council Legislative Services and of the Office of the Controller General serve as the permanent staff of the Committee.
Section 60. Amend § 10213, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10213. Annual report; review selection.
(a) Annual report. —
The Committee shall submit an annual report, compiled by committee staff and approved by the Committee, to the General Assembly, the Governor, and the Director and the Librarian of the Division of Research Legislative Services each year not later than July 31. The annual report must contain at least all of the following:
Section 61: Amend § 2, Chapter 168, Volume 84 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Section 2. The Behavioral Health Crisis Intervention Services Board established under this Act shall develop and recommend a plan for establishing, operating, and maintaining a behavioral health crisis communications center, which shall receive calls from individuals experiencing a behavioral health crisis or persons requesting assistance for an individual in crisis, provide appropriate crisis intervention services, deliver quality coordination of behavioral health crisis care, and conduct follow-up to ensure appropriate connection to treatment and services.
(3) The Board shall submit the plan to all of the following not later than 12 months after the implementation date of this Act under Section 3 of this Act:
c. The Director and the Librarian of the Division of Research of Legislative Council. Legislative Services.
Section 62. This Act takes effect on November 6, 2024.
SYNOPSIS
This Act changes the name of the Division of Research to the "Division of Legislative Services" (Division) to more fully reflect the tasks that the Division performs. In addition to legislative research, the Division's tasks include drafting bills, editing the Delaware Code, staffing task forces, printing bills and other materials for the General Assembly, providing constituent and legislator services through the Legislative Information Office, and publishing the Register of Regulations and Administrative Code.
This Act also gives the Director of the Division a consistent job title throughout the Code.
Section 28 and Section 43 of this Act change "Legislative Council" to the Division to conform the law to current practice.
For reports that must be submitted to the Division, this Act makes consistent that those reports must be submitted to the Librarian of the Division, in addition to the Director.
Section 62 delays the effect of this Act until November 6, 2024, to coincide with the start of the 153rd General Assembly.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.