This Act is a substitute for Senate Bill No. 150. Like Senate Bill No. 150, this Act requires included facilities have sufficient staff to meet the needs of each resident and requires dementia care services training for staff. This Act differs from Senate Bill No. 150 in the following ways: (1) it removes the definition of activity services; (2) it defines direct care, secured memory care unit, and memory care services; (3) it requires that assisted living facilities providing dementia care services to residents in a secured memory care unit create a staffing plan that ensures the facility has sufficient staff to meet the scheduled, reasonably foreseeable unscheduled, and evolving needs of residents and; (4) it charges the Department of Health and Social Services with reviewing the staffing plan during each annual inspection and during any other inspection in which the Department deems it relevant; (5) it revises initial dementia care services training requirement by limiting the requirement to individuals that provide care in a secured memory care unit of an assisted living facility, creating separate training requirements, both in terms of duration and content, for individuals that provide direct care and non-direct care to residents receiving dementia care services in secured memory care units of assisted living facilities; (6) it revises the annual dementia care services training requirement to mirror initial dementia services training requirements; (7) it establishes dementia care services training requirements for individuals employed by temporary staffing agencies; (8) it gives the Department of Health and Social Services the discretion to accept other required dementia care services training to satisfy the dementia care services training requirements; (9) it details the transferability of training between facilities and temporary staffing agencies; and (10) it narrows the scope from all long-term care facilities to only assisted living facilities.
This Act is a substitute for Senate Bill No. 151. Like Senate Bill No. 151, this Act requires included facilities to disclose information related dementia care services in the form determined by the Department of Health and Social Services, and it establishes requirements for the dissemination of that information. Like Senate Bill No. 151, any violation of this Act is an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 of the Delaware Code. This Act differs from Senate Bill No. 151 in the following ways: (1) it narrows the scope of the disclosure requirements to apply only to assisted living facilities that advertises, markets, or otherwise represents that the facility provides dementia care services; (2) it revises the definition of dementia care services, and defines direct care, memory care services, and secured memory care unit; (3) it replaces the term agent with the term authorized representative; (4) it revises the list of information that must be included in the disclosure form; (5) it clarifies the Department’s and the facility’s role in preparing and completing the disclosure; (6) it removes the requirement that an included facility must publish the disclosure on the facility’s website; and (7) it grants the Department of Health and Social Services the authority to investigate potential violations and refer cases to the Department of Justice.
This bill modifies the Delaware Commission of Veterans’ Affairs employee requirements to make the Executive Director an exempt position, and to allow the hiring of non-veteran employees when needed. This will positively impact veteran families by reducing the wait for interment in state veterans’ cemeteries. These changes also make technical corrections and clarify the commission’s authority to accredit claims representatives to support veterans in accessing their earned benefits.
On military installations subject to exclusive federal jurisdiction, the investigation and prosecution of juveniles for alleged violation of federal crimes is conducted in the federal court system. The federal court system often tries juveniles as adults and it lacks juvenile-focused resources. Federal law, however, permits the State to accept concurrent jurisdiction over juvenile matters on military installations if a request is made by a United States official and the Governor, via Executive Order, accepts the request. This Act provides the statutory authority for the State to accept concurrent jurisdiction over crimes or delinquent acts involving juveniles on military installations located in the State. According to this Act, if the Governor accepts a request for concurrent criminal juvenile legislative jurisdiction from a United States official, a State agency or local government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibility related to the concurrent criminal juvenile legislative jurisdiction. This Substitute bill adds “delinquent acts” to those juvenile matters the Family Court has jurisdiction to adjudicate within a military installation. It also clarifies that offenses within a military installation that are adjudicated in Family Court must have been committed while the child was under the age of 18. This Substitute bill also provides concurrent jurisdiction for those criminal offenses involving a child in which the child has been determined to be amenable to prosecution as an adult in Superior Court. This Substitute bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act gives the dependent children of active military members, full-time Delaware National Guard members, and active duty members of a reserve component of the US military priority in choice and charter enrollment.
The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The United States Department of Agriculture runs a voluntary program that provides risk management coverage to dairy producers that pays out based on the difference between the national price of milk and the average cost of feed. This Act enables the Delaware Department of Agriculture, subject to the availability of funding, to reimburse eligible dairy operators in the state for the cost of the premium to enroll in the USDA program.
This Act establishes the Delaware Agricultural Production Assistance Program. The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre. The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers. The Department would administer the Program. The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.
This House Substitute bill eliminates any reference to § 4137 in Title 11 since it will remain as a separate section in the Delaware Code. This House Substitute requires all public schools to offer only students who qualify for a reduced-price meal, under the federal School Breakfast Program and National School Lunch Program, a free breakfast and lunch every school day. This House Substitute also eliminates a requirement that all schools and local education agencies, who qualify, must participate in the federal Community Eligibility Provision, under 42 U.S.C. §1759a (a)(1)(F) since there is no such federal mandate. This Act also removes the requirement that a parent or guardian for each student complete a household income form since that requirement is already set forth in this title. This Substitute bill also removes the delayed effective date. This Act will take effect beginning the school year following its enactment.
This Act moves the Office of Medical Marijuana, which is currently under the Department of Health and Social Services to the Office of the Marijuana Commissioner within the Department of Safety and Homeland Security. Under this Act, the Marijuana Commissioner, rather than DHSS, will be responsible for administering the Delaware Medical Marijuana Act, which includes the following tasks: (1) Registration and certification of safety compliance facilities and compassion centers; (2) Issuance of registry identification cards; (3) Registration of qualifying patients and designated caregivers; and (4) Updating rules and regulations under the Delaware Medical Marijuana Act.
This Act makes changes to nonacademic training requirements for school district and charter school personnel to help ensure that mandatory trainings are relevant to student needs and based on best practices. While nonacademic mandatory trainings are essential to addressing critical issues facing Delaware students, school personnel have expressed concerns related to the time burden and relevance of required trainings. Streamlining and modernizing such trainings could enhance their effectiveness and allow school personnel to spend more time meeting the needs of students. To that end, this Act makes the following changes to nonacademic training requirements for school district and charter school personnel: (1) School bullying prevention and criminal youth gang detection training hours are reduced from 3 hours every 3 years to 1 hour every 3 years, and new employees must complete 1 hour of training within 1 year of employment. (2) Suicide prevention training hours are reduced from 4½ hours every 3 years to 3 hours every 3 years, and new employees must complete 1 hour of training within 1 year of employment. (3) Teen dating violence and sexual assault training hours for school administrators, nurses, and counselors serving students in grades 7 through 12 are reduced from 2 hours every 3 years to 1 hour every 3 years, and new employees must complete 1 hour of training within 1 year of employment. This Act also directs the entities that developed these trainings to work in collaboration with the Department of Education (“the Department”) to review mandatory training programs every 3 years, at a minimum, and update the programs as necessary to ensure that they are relevant to student needs and consistent with best practices. The Department is also responsible under the Act for developing regulations that create a schedule for all trainings under § 4162 of Title 14. Senate Substitute No. 1 for Senate Bill No. 304 differs from Senate Bill No. 304 in that it requires the entities that developed the trainings to work in collaboration with the Department to review and potentially update the trainings. In contrast, Senate Bill. No. 304 would require the Department to take the lead in revising and updating trainings in consultation with these other entities. Senate Substitute No. 1 for Senate Bill No. 304 also adds an effective date for § 4163 of Title 14 at line 31, to reflect a recent change to the effective date of the statute. Senate Substitute No. 1 for Senate Bill No. 304 makes minor technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act creates a temporary conversion license for existing medical marijuana compassion centers to operate for recreational marijuana purposes, and sets forth requirements to obtain a conversion license and to operate under such a license. This Act also specifies that conversion licenses may not be issued after November 1, 2024 and expire after 48 months, at which time the license may be renewed as an open license.
