This bill raises the public bidding thresholds for procurement of goods, contractual services, professional services and public works contracts by county governments to match the bidding thresholds set forth by the State of Delaware’s Contracting and Purchasing Advisory Council or otherwise set forth by state law. Section 1 of this bill addresses the bidding thresholds set forth in 9 Del C. § 314. First, this bill removes subsection f, which exempted Kent County from subsection a, which will now apply to all counties. Second, this bill grants Sussex County the same power and authority with respect to sole source procurement, emergency needs, contract performance, multiple source contracting as granted to the State under Chapter 69 of Title 29, an authority already granted to the government of New Castle County and Kent County. Finally, this bill grants Sussex County the same power and authority as Kent County and New Castle County to grant contracts without requesting competitive bids and without awarding such contract to the lowest bidder when such contracts are for engineering, legal or other professional services requiring special skills or training. Section 2 of this bill modifies the procedure by which the Financial Officer of Sussex County may award public contracts and aligns it with the procurement procedure set forth in Section 1 of this bill.
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This Act adopts the PA Licensure Compact, which is an interstate occupational licensure compact for physician assistants (PAs). The purpose of the Compact is to strengthen access to medical services and enhance the portability of a license to practice as a physician assistant while safeguarding the safety of patients and complementing the existing authority of state licensing boards to license and discipline physician assistants. Under the Compact, a physician assistant licensed in a Compact member state may obtain a privilege to practice in another Compact member state. Physician assistants using a Compact privilege to practice in another state must adhere to laws and regulations of practice in that state and are under the jurisdiction of the regulatory board of the state in which they are practicing. The Compact contemplates the establishment of a PA Compact Commission, which will consist of one delegate from each member state and will administer the Compact, and a data system, for the purpose of maintaining a coordinated data and reporting system containing licensure, adverse action, and investigative information on licensed physician assistants in participating states. The Compact will take effect on the date of enactment by the seventh state. Currently, 1 state has enacted the Compact and at least 4 states, not including Delaware, are considering legislation to enact the Compact.
This Bill increases the courthouse municipality fee assessed on limited liability company (LLC) filings and corporate filings from $20 to $40. The fee is expected to raise $8.5 million to be distributed to the municipalities designated as the places of holding the Court of Chancery. The fee is distributed to the municipality in the county in which a business entity’s registered office is located.
This Act provides state employees 30, rather than 15, days of paid leave per year to attend training camp or serve special duty as ordered by the military reserves or Delaware National Guard.
This Act replaces references to “Masters” in the Court of Chancery with “Magistrate”. The Court of Chancery, as Delaware’s court of equity, “traces its jurisdiction and powers to the High Court of Chancery in Great Britain at the time of the American Revolution.” DiGiacobbe v. Sestak, 743 A.2d 180, 182 (Del. 1999). At that time in British history, the High Court appointed persons bearing the title “Masters in Chancery” to examine witnesses and prepare reports of their factual findings in causes referred to them. On its formation, the Court of Chancery inherited the power to appoint judicial officers for similar purposes. The General Assembly later adopted laws, and the Court of Chancery adopted rules, expressly memorializing this power. Following the tradition of the High Court, those laws and rules referred to judicial officers appointed to serve at the pleasure of the Chancellor as “Masters in Chancery”. The title of “master” carries negative connotations due to the use of the term as the title of owners of slaves. Although the title “Master in Chancery” has no link to that historical context, the Court of Chancery is sensitive to the title’s negative connotations and so has proposed a new title, “Magistrate in Chancery”. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware General Corporation Law.
This statutory addition to Delaware’s Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."
This bill increases the amount of Compassionate Leave for eligible employees of the State upon the death of an immediate family member.
This Act relates to the Joint Legislative Oversight and Sunset Committee's ("Committee") review of the Provider Advisory Board ("Board"). As part of that review, the Committee approved a recommendation to consolidate the functions of the Board into the functions of the Delaware Early Childhood Council ("DECC"). The Board's review is held over to 2024, and Committee staff will monitor and report back to the Committee in 2024 on the implementation of the recommendation to consolidate these functions. To ensure that the functions consolidated into the DECC remain accurate, this Act reflects the changes to the Board's functions under § 3007A, Title 14 that do not take effect until July 1, 2024.
According to the Mayo Clinic, miscarriages occur in about 20% of all pregnancies, and generally, in the first 12 weeks. According to the Centers for Disease Control, 1 out of every 100 American pregnancies ends in stillbirth. Black women have a significantly higher risk of miscarrying— 43% higher when compared to white women. Black mothers are also more than twice as likely to experience stillbirth compared to Hispanic and white mothers. This bill provides State employees who suffer a miscarriage, stillbirth or other loss, a maximum of 5 days of paid bereavement leave. This Act shall be known as the "Sloane Hajek Act of 2023".
Section 1 of this bill moves the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly. Section 2 of the bill changes the deadline for a minor political party selecting its candidate at the party’s convention. Section 3 of the bill changes the deadline for filing certificates of nomination from September 1st to April 1st. Section 4 changes the “closed” period in which a voter is not allowed to change his or her political affiliation to match the 60-day limit in 15 Del. C. § 3189 for presidential primaries. Section 5 provides that the Act is applicable to all primary elections after October 1, 2024.