This Act amends the Department of Services for Children, Youth & Their Families (“DSCYF”) required drug testing statute to gain parity in pre-employment drug testing procedures across state agencies that provide services for children and secure care for children or adults. Secure care positions in the Department of Correction, Delaware Psychiatric Center, and DSCYF’s Prevention and Behavioral Health and Youth Rehabilitative Services facilities are historically hard to fill. Because of the sensitive nature of these positions, there is a thorough application and vetting process for applicants, the last steps of which are the pre-employment background checks and drug testing. Despite numerous ongoing efforts to recruit and retain applicants for these positions within DSCYF’s facilities, interested applicants often choose to abandon the lengthy application process in favor of opportunities for faster hiring processes at large employers located nearby. Currently, the statute allows DSCYF to make a conditional offer of employment to an applicant who has submitted to the required pre-employment drug testing. This Act would allow DSCYF to conditionally hire an applicant and begin training the person after they have provided proof that they have submitted to the required drug testing. This ability is in line with § 5139 of Title 16 of the Delaware Code, which allows the Delaware Psychiatric Center to conditionally hire an applicant “to maintain an appropriate level of patient care,” and § 8922 of Title 29 of the Delaware Code, which simply states that the Department of Correction must test “all security sensitive applicants and applicant employees.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The bill amends the Charter of the City of Newark by changing the timeline for special elections from no less than 30 and no more than 60 days after a vacancy occurs to no less than 60 and no more than 90 days after a vacancy. In addition, the bill sets the filing deadline for special elections at 29 days prior to the election. During the two recent special elections, the City of Newark found that the current timeframe is insufficient, given the frequency of city council meetings (at which the council is required to set the date), the lead time for placing notices in newspapers, and reasonable time for residents to decide to file to run and to gather the requisite number of signatures.
This Act amends the Town of Townsend Charter to provide the Town with some flexibility in scheduling its meetings.
This Act extends the deadline for the Department of Elections to designate all election districts from “before March 1” to “before April 1,” but only for the 2022 election year. The delay in the delivery of the 2020 U.S. Census data to the States has necessitated this change for the 2022 election year.
This Act funds the Human Trafficking Interagency Coordinating Council by disbursing to the Council $100,000 each fiscal year from the Fund to Combat Violent Crimes. Under § 4101(h) of Title 11, the Fund to Combat Violent Crimes is funded by a $15 penalty imposed on and collected from defendants for certain crimes or civil violations. The money within the Fund is divided between the Department of Safety and Homeland Security and local law-enforcement agencies for use in connection with initiatives to combat violent crime. No more than $4,250,000 may be deposited into the Fund. Any amount more than $4,250,000 reverts to the General Fund. In recent fiscal years, the Fund to Combat Violent Crimes has reverted excess funds to the General Fund. Because of the new disbursement of $100,000 to the Human Trafficking Interagency Coordinating Council, this Act also increases the maximum amount of money that may be deposited into the Fund to Combat Violent Crimes by $100,000 to $4,350,000. This Act also adds to existing reporting requirements for the Human Trafficking Interagency Coordinating Council that the Council document how it spends disbursements from the Fund to Combat Violent Crimes. The Council must also provide the report to the Secretary of the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act commits discretion over the length of certified nursing assistant training and orientation programs to the Secretary of the Department of Health and Human Services. This change will facilitate the rapid certification of National Guard members as certified nursing assistants (CNAs) by allowing the Department of Health and Social Services to establish the total required classroom and clinical training and mandatory facility-specific orientation hours. Modeled after a Minnesota initiative, eligible guard members will participate in rapid certification programs through DelTech and be deployed to provide temporary staffing in long term care facilities experiencing staffing shortages under MOUs entered will the facilities. National Guard members have served as a critical part of the state’s response efforts throughout the COVID-19 pandemic. Training and deploying National Guard soldiers to work as CNAs will help relieve staffing shortages in health care settings and facilitate the transfer of patients out of Delaware’s hospitals to free up in-patient bed space.
This Act requires private and public employers in the State to give any employee who is scheduled to work at least 8 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote. The Act excludes employees working for the federal government as well as any private or public employee who is party to a collective bargaining agreement. Employees must give employers 2 working days’ notice in advance of an election that the employee intends to use paid leave to vote. Employers must post notice of the rights created in the Act. For private sector employees, enforcement of the Act is through the Department of Labor; private sector employers who violate the Act will be subject to a civil penalty of a minimum of $500 and maximum of $1,000. A private employer who discriminates against an employee for exercising the rights created by the Act is liable for a civil penalty of $1,000 to $5,000. A public employee is entitle to bring an action for actual damages if the public employer takes an adverse action against the employee for exercising the right to paid leave to vote.
This Act requires that accumulated snow and ice be removed from surfaces of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or physical injury but this penalty is not an exclusive remedy for property damage or physical injury.
This Act increases the Senior Real Property Tax credit to $750 from $400 as authorized in the Appropriations Bill for fiscal year ending June 30, 2022, which effectively amended Title 29, § 6102(q)(3) from $500 to $400.
This Act requires personal income tax brackets to be annually adjusted for cost-of-living increases. This will prevent tax increases due to "bracket creep" caused by cost-of-living raises given to workers. This Act will be effective for tax years beginning after December 31, 2022.
This Act expands the Division of Civil Rights and Public Trust’s responsibility to review deadly use of force incidents by law enforcement by adding review of cases involving serious physical injury. It also requires that if the Division issues a public report on the use of force, the report must include the race of the law enforcement officer who used force, the race of the individual on whom force was used, and whether race was a relevant or motivating factor.
This Act expands eligibility for mandatory expungement of adult and juvenile cases by doing all of the following: 1. Aligns eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement. 2. Allows all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol under § 904(e) or (f) of Title 4, possession of marijuana under § 4764 of Title 16, or possession of drug paraphernalia under § 4771 of Title 16 to be expunged, regardless of prior or subsequent adjudications or convictions. 3. Repeals § 4764(j) of Title 16 because this Act makes cases for marijuana possession eligible for mandatory expungement under § 1017 of Title 10 and § 4374 of Title 11. 4. If a person has no prior or subsequent convictions, makes a case for drug possession under § 4756 of Title 16 eligible for mandatory expungement 5 years after conviction. Juvenile adjudications of delinquency for drug possession under § 4756 of Title 16 are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 5. If a person has no prior or subsequent convictions, makes additional felony convictions eligible for mandatory expungement 10 years after conviction. Juvenile adjudications of delinquency for these felonies are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 6. Applies existing exceptions for eligibility for mandatory expungement because of the status of the victim to the offenses that become eligible under this Act. 7. Makes corresponding changes to other expungement sections in Title 10. This Act adds a misdemeanor conviction for official misconduct to the offenses that are ineligible for mandatory expungement under § 4373(b) of Title 11. This Act does not make any offenses that are currently ineligible for mandatory expungement under § 4373(b) of Title 11 eligible for mandatory expungement. This Act takes effect on January 1, 2022. Section 10 of this Act aligns this Act with the changes to § 4373 of Title 11 if Senate Substitute No. 1 for Senate Bill No. 38 is also enacted into law in 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
