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signed · Delaware · Senate Aug 6, 2020

SB 249: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every three years. Existing statutory authorization to collect fees sunsets December 31, 2020. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates to the fee provisions. For 2021-2023, the total fee will be comprised of a base fee, user fee, and a program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. A fee credit implemented to reduce a prior fund balance is allowed to sunset as scheduled. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2021 through 2023 at which point the authority sunsets and would need to be reauthorized.
Debra Heffernan (D)
signed · Delaware · House Aug 6, 2020

HB 269: AN ACT TO AMEND THE CHARTER OF THE TOWN OF OCEAN VIEW RELATING TO COUNCIL TERMS OF OFFICE.

Under the current language of Section 2.301, it is unclear what constitutes a "term" when computing term limits and determining a potential candidate's eligibility when they have previously filled a vacancy on the Council. By adding the proposed language, there will be a clear standard for determining whether a potential candidate has exceeded the two-term limit imposed by the Charter.
Ron Gray (R) Gerald Hocker (R)
signed · Delaware · House Aug 6, 2020

HB 355: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

This Act creates the 17-person Behavioral Health Planning and Advisory Council to the Division of Substance Abuse and Mental Health and ensures the Council will satisfy the requirements of Title XIX of the Public Health Service Act (42 U.S.C. 300x-4(a)). The Act designates the Council as Delaware’s State Mental Health Planning Council under Title XIX of the Public Health Services Act (42 U.S.C. 300x). The Act also makes clear that the Council is a public body for the purposes of the Freedom of Information Act.
David B. McBride (D) Kendra Johnson (D)
signed · Delaware · House Aug 6, 2020

HB 297: AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO FISCAL PROCEDURES.

This Act amends the City of Seaford's Charter (“Charter”) as follows: 1. In Section 1, to make clear that the existing exceptions to the general requirement of advertising and competitive bidding requirements are meant to excluded from both the advertising and competitive bidding requirements established in the Charter. In addition, to create a new exception to the general requirement of advertising and competitive bidding for a purchase related to a Department of Public Works or Department of Electric project in the aggregate amount of not more than $50,000. Furthermore, to provide that an advertisement for bid is not required for a purchase related to a Department of Public Works or Department of Electric project in the aggregate amount of $50,000 to $99,999. For projects that do not require an advertisement for bid, the Director of the Department of Public Works or the Department of Electric, as applicable, shall solicit competitive, written proposals from a minimum of 3 contractors. Finally, purchases related to a Department of Public Works or Department of Electric project with an aggregate amount of $100,000 or greater continue to generally require competitive bidding and advertisement of bid. 2. In Section 2, to increase the City’s borrowing limit from $2 million to $3 million and make clear that a Councilman is not personally liable for a note issued under Section 37 of the Charter. 3. Throughout the Act, to make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including as it relates to the drafting of lists, numbers, and amounts of money. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.
Bryant Richardson (R) Danny Short (R)
signed · Delaware · Senate Aug 6, 2020

SB 246: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY AND OBLIGATIONS OF HEALTH-CARE PROVIDERS FOR NON-ACUTE PATIENTS.

Presently, a legal process does not exist for a Delaware hospital to seek the appointment of a guardian for a non-acute patient who has been a patient at the hospital for an extended period, after having been abandoned by family. This bill authorizes a hospital to petition for a court-appointed guardian for such a patient after providing two notices to the patient, the patient's surrogate, or the patient's family if there is no surrogate, of the need to seek a guardian for the patient.
Raymond Seigfried (D) Nicole Poore (D) · 13 co-sponsors
signed · Delaware · Senate Aug 6, 2020

SB 236: AN ACT TO AMEND THE CHARTER OF DEWEY BEACH RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of Dewey Beach to give the Town Commissioners the authority to impose and collect a lodging tax. The new lodging tax is distinct from the existing accommodations tax. A rental property may be subject to either the accommodations tax or the lodging tax, but not both. In addition, the lodging tax may not be imposed before April 1, 2021, the initial rate may not exceed 1.5%, and the rate may not be increased by no more than .5% annually until the maximum rate, 3%, is reached. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.
Pete Schwartzkopf (D) Ernesto B. Lopez (R)
signed · Delaware · House Jul 23, 2020

HB 318: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO HOLOCAUST AND GENOCIDE EDUCATION.

This Act requires the Department of Education to establish and implement a curriculum on the Holocaust and genocide for students in grades 6 through 12. Teaching the lessons learned from the Holocaust and other genocides helps cultivate the spirit of human resilience, courage, heroism, and tolerance. Education about the Holocaust and genocide provide a context to learn about the danger that befalls us when hatred goes unchallenged and there is indifference in the face of oppression of others. The Halina Wind Preston Holocaust Education Committee can provide guidance, academic content assistance, resources, and assistance with curricula development to deliver quality Holocaust and genocide education.
Krista Griffith (D) Catherine Cloutier (R) Debra Heffernan (D) Val Longhurst (D) Harris B. McDowell (D) · 13 co-sponsors
signed · Delaware · House Jul 23, 2020

HB 214: AN ACT TO AMEND TITLES 3 AND 16 OF THE DELAWARE CODE RELATING TO RABIES AND OTHER VACCINATION REQUIREMENTS, AND LICENSING.

This Act supports veterinarians in their effort to protect people from rabies and to ensure the welfare of animals. This Act enables licensed veterinarians to exempt an animal from the mandated rabies vaccination, if the veterinarian determines, based on their professional judgement, that the vaccine would endanger the animal's health and a titer test may be administered to assist in determining the necessity of the vaccine.
Earl G. Jaques Jr. (D) Ron Gray (R) Gerald Hocker (R) · 1 co-sponsor
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