Delaware Bills

signed · Delaware · Senate Sep 10, 2021

SB 88: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK AND THE PROTECTION AND USE OF INFORMATION.

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.

signed · Delaware · Senate Sep 10, 2021

SB 128: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK CHAPTER.

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.

signed · Delaware · House Sep 10, 2021

HB 221: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE ADMINISTRATION OF KENT COUNTY GOVERNMENT.

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.

signed · Delaware · Senate Sep 10, 2021

SB 96: AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS.

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.

signed · Delaware · House Sep 10, 2021

HB 213: AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELSMERE AND TITLE 21 OF THE DELAWARE CODE RELATING TO A VOLUNTARY ASSESSMENT CENTER.

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.

signed · Delaware · House Sep 10, 2021

HB 82: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE DELAWARE STATE FIRE PREVENTION COMMISSION AND COMMISSION TERMS.

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.

signed · Delaware · House Sep 10, 2021

HB 194: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNMARKED HUMAN BURIALS AND SKELETAL REMAINS.

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.”

signed · Delaware · Senate Sep 9, 2021

SB 184: AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO CRAFT TRAINING REQUIREMENTS IN PUBLIC WORKS CONTRACTS.

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.

signed · Delaware · Senate Sep 9, 2021

SB 156: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE CHARTER OF THE UNIVERSITY OF DELAWARE.

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.

signed · Delaware · Senate Sep 8, 2021

SB 171: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES.

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.

signed · Delaware · Senate Sep 7, 2021

SB 181: 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.

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.

signed · Delaware · House Aug 23, 2021

HJR 4: DIRECTING THE CRIMINAL JUSTICE COUNCIL TO ESTABLISH AND PUBLISH INTEGRITY REPORTS CONCERNING COMPLAINTS MADE AGAINST POLICE OFFICERS IN EACH POLICE AGENCY IN THIS STATE AND TO CREATE AND PUBLISH A LIST OF DECERTIFIED POLICE OFFICERS IN THIS STATE.

This Joint Resolution directs the Criminal Justice Council to establish and by November 2, 2021, publish integrity reports on the number of complaints made against police officers in each police agency in this State for the past 3 years, and at least once a year thereafter, and to create and publish a list of all decertified police officers in this State in the previous 10 years, which shall be updated upon notification of the decertification of any police officer.

Bill results