This resolution recognizes June 2024, as Alzheimer's and Brain Awareness Month and urges all Delawareans to wear purple to help spread awareness of Alzheimer's and all other dementias.
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".
This Act makes changes to the Paid Family and Medical Leave Program. It removes the employer as the party responsible for making eligibility determinations and claims decisions and instead reallocates this responsibility to the Department of Labor and gives the Department authority to enter into contracts with other entities to review and adjudicate claims for benefits. This Act makes other changes throughout Chapter 37 of Title 19 concerning eligibility criteria and requirements for the Paid Family and Medical Leave Program. It clarifies that schools are not exempt from being considered employers; clarifies that family leave benefits are not payable for time taken after the death of an individual for whom an employee is on approved family leave; removes the ability of employers with fewer than 25 employees to elect to provide reduced parental leave; removes a provision that results in the aggregation and potential capping of benefits for employees who work multiple jobs with the potential for employees to pay more in contributions and receive less in benefits than they would otherwise be due; requires the Department to set contribution rates, statewide average weekly wages, and maximum benefits; removes a provision authorizing employers to require that payment be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of disability or family care leave under a collective bargaining agreement or employer policy; removes a provision allowing employers to require employees to use accrued paid time off before accessing family and medical leave benefits and count that accrued paid time off toward the total length of leave allowed under Chapter 37 of Title 19; authorizes an employee an option to use a private review process of a private plan’s denial of benefits prior to appealing to the Department; clarifies that denials of claims are subject to the appeal provisions of the Administrative Procedures Act; and clarifies that employers who violate the requirements of Chapter 37 of Title 19 are subject to a penalty only where the violation is due to wilful misconduct or gross negligence. This Act makes changes to ensure that child support obligations are fulfilled and benefit checks account appropriately for child support deductions and to allow the Department to make garnishments to enforce judgments obtained under this chapter. This Act also updates relevant sections of Title 13 to allow for child support deductions of PFMLA benefits as appropriate. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.
This Act eliminates the requirement that a school, school district, or licensed child care provider keep community notifications in a binder. Instead, schools, school district, or licensed child care providers are required to provide all of the following information upon request by staff, faculty, or a legal guardian: 1. Notification that searchable records available to the public can be obtained at a police agency or the Delaware State Bureau of Identification (“SBI”). 2. Notification that the public can register for community notifications on the Delaware Sex Offender Central Registry website. 3. The URL for the Delaware Sex Offender Central Registry website. Additionally, the school, school district, or licensed child care provider must post the information on its website. If it does not have website, then the school, school district, or licensed child care provider must send the information to staff, faculty, and a legal guardian of an enrolled child in writing at least annually. The Act also clarifies that sex offender registry information must be available on the Internet on the Delaware Sex Offender Central Registry website. The requirement that schools, school districts, and licensed child care providers keep binders was enacted in 2002, based on recommendation from the Community Notification Task Force that schools have a role in community awareness. However, this requirement has created financial, administrative, and emotional burdens for staff who maintain the binders. The binders are rarely reviewed by the public and they do not necessarily provide up-to-date information or information on sex offenders in the immediate geographic area of the school, school district, or licensed child care provider. Additionally, in its March 31, 2002, report, the Community Notification School Task Force found that schools do not have the expertise to answer inevitable questions regarding the nature of particular offenses or the risk posed by particular offenders, and that it is not an appropriate role for educators to answer those questions. Federal Sex Offender Registration and Notification Act (“SORNA”) guidelines require law enforcement to keep a registry of sex offenders and to provide public notification. Specifically, the guidelines require law enforcement to notify schools, but do not require schools to provide access to sex offender records. Instead, federal law enacted in 2006, 34 U.S.C. § 20920, requires states to provide public access to sex offender registry information on the Internet. The SBI maintains the Delaware Sex Offender Central Registry on its website, which allows the general public to find information about registered sex offenders by searching the offender’s information or by searching in a geographic radius. The website also allows the public to sign up for e-mail notifications regarding sex offenders who appear on the website. The website is updated every Friday. It is easily accessible to most of the public, including on computers at public libraries. Additionally, the public can request sex offender registry information in-person at a Delaware State Police troop. The public also can call the SBI for information. Certain municipal police agencies, such as the City of Dover Police Department and the Newark Delaware Police Department, also provide access to community notifications for offenders located in the municipality on the agency’s website. Law-enforcement agencies are better equipped than schools or licensed childcare providers to answer questions about the registry. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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.
Maddy summaryThis legislative resolution designates September 2024 as Sickle Cell Disease Awareness Month in Delaware to highlight the health condition and its impact on the community. The document provides background information on the disease, noting that it affects over 3,000 residents in the state and that the vast majority of patients are from minority backgrounds. It also mentions current efforts by local healthcare providers and a planned statewide data collection program to improve care and policy. Ultimately, the bill serves as a formal acknowledgment rather than a law that changes funding or medical procedures.
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 resolution calls on the General Assembly to encourage the Delaware medical community to educate the citizens of Delaware about the forced organ harvesting that occurs in China, in the event they decide to travel to China for an expedited transplant.
Maddy summaryThis bill designates the month of June as "Caribbean American Heritage Month" within the State of Delaware. It serves as a formal recognition of the significant cultural, historical, and professional contributions made by Caribbean Americans to the state and the nation. The resolution highlights the achievements of notable figures with Caribbean roots, such as Bob Marley and Kamala Harris, to underscore their impact on various fields including arts, government, and business. By passing this measure, the Delaware General Assembly aims to celebrate and honor the diverse heritage of Caribbean communities during the specified month.
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.
