This Act makes a technical correction to SB 169 by changing the designations of the new statutes and incorporates Senate Amendment No. 1 to Senate Bill No. 169.
This bill adds glaucoma, chronic debilitating migraines, pediatric autism spectrum disorder, pediatric sensory processing disorder to the list of debilitating medical conditions which may qualify a person, upon certification by a physician, to be eligible for the use of medical marijuana in accordance with the terms of the Delaware Medical Marijuana Act.
This bill creates a special license plate for honorably discharged veterans of the United States military.
Cybersecurity attacks, including data breaches, corporate theft, and sabotage perpetrated by state and non-state actors throughout the world present unique threats to Delaware residents, governments, businesses, and critical infrastructure. Statewide coordination is required to effectively ensure cybersecurity protection. Cyber-attacks have increased significantly, providing evidence that information security must be strengthened to guard against threats. The State must leverage every partnership and mechanism available to combat the growing number of cyber-attacks and breaches. Trends show attacks growing by 64% annually. 84% of organizations have experienced cyber-attacks in the last 12 months. This bill strengthens Delaware’s defenses by facilitating multi-industry coordination among critical sectors such as communications, emergency services, energy, financial services, healthcare, water, and government. The primary objectives of the Council will be to focus on sharing and analyzing cyber threat intelligence in a collaborative manner.
The Division of Small Business, Development and Tourism was created by 81 Del. Laws ch. 49 and placed in the Department of State. This enactment transferred certain responsibilities for economic development, formerly in the Delaware Department of Economic Development, to this Division. The purpose of this Act is to address administrative housekeeping matters involving this transfer of responsibilities for economic development. Specifically, this Act changes the name of the Division of Small Business, Development and Tourism to the Division of Small Business. The Division of Small Business will remain in the Department of State and be responsible for economic development activities transferred to the Division of Small Business, Development and Tourism in 81 Del. Laws ch. 49. This Act also does the following: (1) Sets a new date for the submission of the Comprehensive State Plan for Economic Development and unifies the economic development reporting requirements of the Division of Small Business. (2) Limits the terms of members of the Council on Development Finance (“Council”) appointed after July 1, 2018. (3) Eliminates the requirement that all Council members be physically present to constitute a quorum for meetings, to foster greater efficiency in making economic development recommendations to the Division of Small Business. (4) Further deletes reference to programs governed by prior acts of the General Assembly such as the Agriculture/Aquaculture Program, the Liberty Court Apartments project, and the Human Investment and Partnership Program, to the extent that these programs are no longer active. Finally this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Bill authorizes the Thoroughbred Racing Commission to be a member of the new Interstate Anti-Doping and Drug Testing Standards Compact. Under the Bill the Thoroughbred Racing Commission would become a member of an interstate Compact with other party states for the establishment of uniform standards for drug testing of horses participating in horse racing. The Harness Racing Commission will not be a member of the Compact. The purpose of the Compact is to establish uniform requirements among the party states for the drug testing of horses participating in horse racing. The Compact Committee would be comprised of one representative from each party state.
In January of 2018 the federal government passed the Federal Register Printing Savings Act, which included a moratorium in calendar year 2019 on a fee paid by health insurance companies or health service corporations to the federal government. The State of Delaware wants to ensure that savings received by the health insurers are passed along to Delaware consumers who buy health insurance plans in the individual market both on and off the health exchanges created by the Patient Portability and Affordable Care Act of 2010. This resolution requires health insurers who received this moratorium to file a report with the Secretary of the Department of Health and Social Services and the Insurance Commissioner of Delaware no later than January 2, 2019 outlining how they passed along savings to Delaware consumers.
The Delaware Department of Transportation currently uses a system to repair subdivision roadways in which a unit is dispatched only when a complaint is lodged with the Transportation Management Center. In order to avoid piecemeal repairs that waste valuable resources, the Delaware Department of Transportation will be directed by the Secretary of Transportation to review each subdivision roadway on a consistent basis that is in any subdivision that is at least 10 years old.
Section 1 through 4 of this Act establish interim standards and criteria in order to permit redevelopment projects to move forward while revised regulations are being drafted. The interim standards set forth in this Act would effectively "sunset" upon the adoption of regulations governing redevelopment. The redevelopment regulations, upon formal adoption, would supersede the provisions of the Bill. Section 4 corrects an oversight in prior legislation, which extended the time frame for Department review of delegated projects from 3 to 5 years, but failed to extend the effective date of delegation from 3 to 5 years. Section 5 codifies current and proposed regulations as they pertain to stormwater management to ensure consistency. Section 6 is intended to clarify the procedural status of supporting materials published by DNREC to facilitate compliance with the Regulations, in light of the Order of the Delaware Supreme Court in Baker v. DNREC, No. 552, 2015 (April 15, 2016), affirming the Memorandum Opinion of the Honorable T. Henley Graves of the Superior Court, dated October 7, 2015. Consistent with the Delaware Administrative Procedures Act, regulatory guidance documents, interpretive rules, and general statements of policy adopted pursuant to this exception must still be published in the Delaware Register of Regulations, in order to provide notice of the changes. The language confirming the exemption is drawn from federal administrative law, 5 U.S.C.A. §553, and equivalent provisions of the New Jersey Code, 52:14B-3a, governing such supporting materials. The regulatory guidance documents, interpretive rules, and general statements of policy may not be used by DNREC to impose new or additional requirements on regulated parties, and may not be used, instead of the Code provisions and the Stormwater Regulations, as a basis for enforcement. Such materials are therefore not regulations, and not are not subject to the notice, hearing, or comment procedures of the Administrative Procedures Act or Title 7, or the Regulatory Flexibility Act. Rather, DNREC is free to publish periodic updates and revisions of its technical manuals, checklists, forms, and policy memos, to assist regulated parties in compliance with the Regulations. Section 7 creates a sunset date for sections 1, 2, and 5 to give the Department additional time to fully enact regulations. It is the intent that sections 1, 2, and 5 will sunset upon having a finalized version of Sediment and Stormwater Regulations.
This Act draws attention to the types of discipline used in schools by capturing data about out-of-school suspensions and publishing that data, in an effort to help schools identify areas where the data regarding out-of-school suspensions indicates there is room to reduce such suspensions. This Act is meant to increase transparency, improve overall school climate, resulting in improved student outcomes. The collection and publication of this data will also help the Department of Education and community partners identify opportunities to provide greater supports to schools, students, and their families. According to data provided by the Delaware Department of Education (“DOE”), thousands of Delaware students receive out-of-school suspensions each year for minor infractions, such as being unprepared or late for class, dress code violations, and disrespectful behavior. In 2013, only 2% of out-of-school suspensions were for serious offenses such as weapons, drugs, or serious violence. Out-of-school suspensions do not address the root causes for the misbehavior, and only serve to put the students further behind in class. Furthermore, DOE data shows that, in 2013, African-American students made up only 32% of the student body, but accounted for 62% of out-of-school suspension, and students with disabilities made up 13% of the student body, but accounted for 24% of out-of-school suspensions. Federal discipline guidance, developed jointly by the U.S. Departments of Education and Justice, instructs schools to commit to regular evaluation of school discipline policies and practices, and monitor progress toward the schools’ climate and discipline goals. The federal process requires schools to collect and publicly report disaggregated student discipline data and solicit feedback from students, staff, families, and community representatives. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. This Substitute Bill makes the following changes to Senate Bill No. 85: 1. References the existing definition of "disruptive behavior" in Title 14. 2. Includes "disability" as a category for data collection. 3. Extends by 1 year the years stated in the requirements to retain the same time frames. This is necessary because this Act will be enacted in 2018, not 2017 when it was drafted. 4. Clarifies what information is required for reports and provides deadlines for the required plans and reports. 5. Clarifies that schools must develop plans and strategies with stakeholder input. 6. Clarifies content for professional development.
