Rep. Frank Cooke

This Concurrent Resolution supports the Redding Commission for Educational Equity’s recommendations to move immediately to support Christina School District’s City of Wilmington students and to plan for the eventual withdrawal of the Christina School District from the City of Wilmington.

This Act adds procedural requirements to meetings of the State Employee Benefits Committee (SEBC), revises the membership of the SEBC, and requires that the Secretary of the Department of Human Resources inform State employees and retired State employees (eligible pensioners) about changes in benefits coverages affecting eligible pensioners who are receiving or eligible to receive retirement benefits under the state employees' pension plan, including proposed changes. This Act adds the following requirements to SEBC meetings: 1. If the SEBC or a subcommittee is holding a virtual meeting, the chair or vice-chair must attend at the anchor location. 2. The chair of a subcommittee must be a voting member of the SEBC. 3. The SEBC must approve a request for proposals to select a carrier or third-party administrator for the health care insurance plan for State employees or eligible pensioners during an open meeting and that the draft request for proposals must be included with the meeting notice and agenda. 4. Adds standard language for the SEBC regarding the conduct of open meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting. This Act revises the membership of the SEBC by doing all of the following: 1. Removes the Delaware retiree appointed by the Governor and adds 2 members who are Delaware residents eligible to receive health care insurance under Chapter 52 of Title 29 under a pension or retirement plan. The President Pro Tem of the Senate and the Speaker of the House of Representatives each appoint 1 of these members. 2. Makes the Secretary of the Department of Human Resources a non-voting member of the Committee. 3. Changes the leadership of the SEBC so that only the Director of the Office of Management and Budget serves as chair and the vice-chair is elected annually by the members of the Committee. The vice-chair must be a voting member of the Committee and may not be a cabinet secretary or hold a position of equivalent rank in the executive branch. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as the “Delaware State Employee Benefits Committee (SEBC) Transparency and Accountability Act”.

Maddy summaryThis legislative resolution is a formal request from the State of Delaware asking Maryland to permit the sale of certified Delaware sod within its borders. The bill does not directly change Maryland laws or affect Maryland residents; instead, it serves as a diplomatic appeal to the Maryland government to restore trade reciprocity for Delaware agricultural producers. The text argues that Maryland's current refusal to certify Delaware sod has caused significant financial losses for farmers in both states and urges the removal of these trade barriers. Ultimately, the measure aims to facilitate cross-state commerce by encouraging Maryland officials to allow Delaware-grown sod to be sold legally in the state.

This Act repeals the option of providing health care insurance to state pensioners under Medicare part C, known as a Medicare Advantage Plan. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as "The Delaware Medicare Supplement Selection Act".

The primary purpose of this Act is to remove the requirement that a public school district employee who donates leave to another employee must donate 2 days of leave for the other employee to receive 1 day of leave. Further, this Act repeals Chapter 187 of Volume 81 of the Laws of Delaware ("this law"). Adopted in 2017, this law was designed to provide full-time employees of the State, including employees of school districts, with the ability to donate leave to other employees for use in connection with the birth or adoption of a child under 6 years of age. This law has never taken effect as the law does not take effect until the Office of Management and Budget ("OMB") receives a letter from the Internal Revenue Service ("IRS") stating that the tax treatment of the expansion of the donated leave program contemplated by this law will receive the same tax treatment as Delaware’s current donated leave program. OMB has not requested this letter from the IRS because, based on OMB's research, OMB does not believe this law would receive the same tax treatment by the IRS and because the General Assembly subsequently enacted Chapter 285 of Volume 81 of the Laws of Delaware, which provides 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger for those continuously employed for at least 1 year as full-time employees of this State, including employees of school districts. Sections 1 and 2 of this Act re-enact portions of Chapter 187 of Volume 81 of the Laws of Delaware that would have also applied to the existing donated leave program for catastrophic illness. Specifically these provisions are intended to do the following: (1) Clarify how much leave employees of a public school district who do not accrue annual leave must use before being eligible for donated leave. (2) Clarify the interaction between donated leave and leave available under the federal Family and Medical Leave Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including transferring existing definitions to a central definition section and transferring provisions that are substantive law out of defined terms. This Act is named in honor of Christopher Chujoy, a special education instructional aide in the Red Clay Consolidated School District. Mr. Chujoy was diagnosed in August 2022 with stage IV cancer. Mr. Chujoy used up all of his available sick time before his passing and his situation raised the issue that is the primary purpose of this Act.

This Act generally requires a student athlete to compete for athletic teams or in sports associated with their biological sex, as determined at or near birth and based on the student’s birth certificate or other government record if a birth certificate is unobtainable. An exception is permitted to allow female athletes to compete in male sports if a corresponding female sport is not available. To facilitate this Act, a school district, charter school, or Delaware Interscholastic Athletic Association member school must designate an athletic team or sport sponsored by the school district, charter school, or Delaware Interscholastic Athletic Association member school based on the biological sex of students.

This House Substitute bill clarifies it is only for new or substantially modified permits and specifies it is only for the following permits: (1) Clean Air permit; (2) Coastal Zone Act permit; (3) Solid waste permit; (4) National Pollutant Discharge Elimination System permit and (5) Hazardous waste permit. As in the original bill the applicant is still required to go through a community outreach process for any qualified project, defined as a project within an underserved community or within 3 miles of an underserved community that meets the definition of a “qualified project” under DNREC’s Regulations. Underserved community is defined as (1) A specified geographic area where the percentage at poverty level is greater than twice the State Average Median Household Income as determined by the most recent United States Census or (2) Any specified community in the most current community mapping tool on the Department’s website. It is anticipated that DNREC will have an environmental justice area viewer, or similar tool, as a link on its website. However, under this House Substitute bill the applicant must submit, with their permit application, a Community Outreach Plan. At a minimum the Community Outreach Plan must: (1) identify a facility community liaison; (2) schedule a community meeting in or within 3 miles of the boundaries of the underserved community; (3) provide a written overview of information to be provided in the permit application; (4) publish the community meeting notice on-line and in at least 1 newspaper and, if available, 1 in the predominate non-English language if the underserved community is identified as limited English proficiency, at least 30 days prior to the scheduled community meeting. The community meeting must allow for interaction and questions and answers. The community meeting must be recorded or transcribed and made publicly available. Any written materials and oral and visual presentations must be accurate, free of technical language, and written in plain English consistent with federal guidelines. The applicant must also provide an Underserved Community Outreach Report to DNREC as part of the permit application and review process by DNREC. The Report must include: (1) The community demographics that qualify it as an underserved community; (2) Community liaison’s contact information; (3) Benefits of the qualified project to the community; (4) Proposed activities and their impact on air, water, soil, and health; (5)That releases of emissions over permit levels will be reported in accord with DNREC regulations; (6) Description of operations conditions or control measures that serve to reduce or mitigate pollution associated with the permit application; (7) Compliance history of facility over last 5 years and verification that any fines, penalties and remedial obligations have been fulfilled; and (8) all applicable state and federal permits held by the facility. All material provided by mail or at the community meeting and all notices must also be provided to DNREC. Trade secrets, as defined in Title 6 of the Delaware Code, do not have to be disclosed in any community outreach materials or presentations. Under this House Substitute Bill DNREC must approve, reject, or require modifications to the Community Outreach Plan within 30 days of its submittal. If the proposed Community Outreach Plan complies with the requirements of this Act it must be approved by DNREC subject to any agreed modifications. Once approved by DNREC the applicant must complete the Community Outreach Plan within 3 months. If the Secretary of DNREC determines any false information was provided by the applicant, it will be considered a falsification of the permit application. All cost incurred in complying with these new pre-permit community outreach requirements are to be paid by the applicant. Under this House Substitute bill an applicant’s permit shall not be considered complete until a DNREC approved Community Outreach Plan is completed. This House Substitute bill not only requires the Department to promulgate regulations, within 6 months of enactment, but it adds they must be created in collaboration with a Stakeholder Committee made up of appointees of the Governor, the Secretary of the Department, the Chair of the House Natural Resources and Energy Committee and the Chair of the Senate Environment, Energy, and Transportation Committee. This Act will be effective within 30 days of publication of notice by the Register of Regulations that DNREC has advised it that it has promulgated regulations to administer this Act.

This act adds adult sibling of a decedent to the definition of next of kin in Chapter 47 of Title 29 of the Delaware Code relating to the Division of Forensic Science. This expansion of the definition of next of kin will, for example, allow the Medical Examiner to release the personal property of a decedent to an adult sibling of a decedent, when there is no other next of kin. It will also allow the Medical Examiner to provide a copy of a post mortem examination report to an adult sibling, upon written request, when there is no other next of kin.

This Act adds intentional interference with the operation of a school bus to the offense of disorderly conduct. Interference with a school bus may include boarding a school bus and refusing to exist after being lawfully ordered to do so by the school bus driver; wrongfully restricting the movement of a school bus; or threatening the school bus driver or any passenger entering, leaving, or waiting for a school bus. A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus. This Act comes from a recommendation by the Public School Transportation Committee. According to the Committee, many school bus drivers encounter irate individuals during their daily routes. This Act is based on a law from South Carolina that the Committee reviewed and endorsed.

This Resolution proclaims June 19, 2024, as "Juneteenth National Independence Day" in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans, and to celebrate this day with appropriate activities and events.