Rep. Danny Short

Current law grants an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is a Delaware resident a free surf fishing vehicle permit each year. Current law allows an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is not a Delaware resident to purchase a surf fishing vehicle permit each year at the Delaware resident rate. This Act grants all of these individuals the option of choosing a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas.

Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. This Act removes the exemption from liability for donation of prepared food from Title 10 so that the exemption no longer appears in both Title 10 and Title 16. The Act also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

This Act creates a tuition reimbursement program for volunteer firefighters, similar to already existing programs for law enforcement officers and National Guard members. Pursuant to this program, active volunteer firefighters may be reimbursed for tuition for 2 undergraduate level courses or one masters level course per semester at any Delaware college or university. The State Fire Prevention Commission is charged with promulgating rules and regulations and administering the program.

The Bill sets forth 8 factors a court must consider in determining a proposed relocation of a child for a period of 60 days or more in litigation involving custody or visitation. These factors include: (1) the nature, quality, extent, and duration of the child’s relationship with the individual proposing to relocate and with the non-relocating individuals, siblings and other significant persons in the child’s life; (2) the age, developmental stage, needs of the child, and the likely impact of the relocation on the child, taking into account any special needs of the child; (3) the feasibility of preserving the relationship between the non-relocating individual and the child; (4) the child’s preference; (5) any established patterns of the relocating individual to thwart or promote the relationship between the child and non-relocating individual; (6) whether the relocation will enhance the general quality of life of the child and relocating individual; (7) the reasons for requesting and opposing the relocation; and (8) any other factor affecting the best interests of the child.

This Act amends the Charter of The Town of Milton. Specifically, this Act does all of the following: (1) Updates the referenced Town Map. (2) Revises the annexation process for the Town. (3) Authorizes the Town to contract with the Sussex County Department of Elections for voter registration. (4) Creates parameters for any proposed sale, exchange, interconnection, or disposal of the Town’s water system. (5) Provides an exception for the need to hold a referendum if the government funding source is providing 100% principal forgiveness on the loan for a municipal project. This Act allows the Mayor and Town Council of The Town of Milton to do all of the following: (1) Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act, Chapter 17 of Title 22 of the Delaware Code, and the Special Development District Act, Chapter 18 of Title 22 of the Delaware Code. (2) Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. (3) Collect special ad valorem taxes, special taxes, and ad valorem taxes related to the special development districts. (4) Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any special development districts. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. 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 a municipal charter.

This Act allows 2 or more microbreweries to share brewing equipment if the microbreweries maintain separate premises to sell their product to consumers and wholesalers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill seeks to amend sections of Chapter 66 concerning the Delaware State Fire Prevention by: imposing a timeframe on the Delaware Volunteer Firefighters’ Association to recommend nominate Commission members to the Governor; imposing a presumption of neglect if a Commissioner misses three consecutive Commission meetings; adjusting the terms and term limits of the Commissioners; to prohibit a Commissioner from also serving in a politically elected or appointed position while serving as a Commissioner; and to eliminate the requirement for an Advisory Board. The Commission also creates an Executive Director position, which will be currently filled by a current Commission employee serving in that function. That bill makes clear that that person’s current merit status will remain, but will become an exempt position when the position next becomes vacant. The bill proposes to authorize the imposition of fines for violations of applicable Code and regulatory provisions and reasonable fees for Commission's certifications to help defray costs and expenses with the Commission’s administration and enforcement of its powers under the Code and its regulations. Finally, the bill proposes to make several amendments to clarify and synthesize language in other sections of Chapter 66.

This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students.

This Act creates the Disabled Veterans Property Tax Relief and Education Fund. Pursuant to this legislation, school districts are authorized to create a credit against school taxes for up to the full amount of school tax liability for property owned by a veteran with a 100% disability rating who is domiciled in this state. The full amount of such credit will be reimbursed by a transfer from the State’s General Fund to the County Receiver for distribution to such school districts. It has a delayed effective date to allow for implementation of the program.

This Act establishes a Health Care Provider Loan Repayment Program for new primary care providers to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may award education loan repayment grants to new primary care providers of up to $50,000 per year for a maximum of 4 years. Priority consideration may be given to DIMER-participating students and participants in Delaware based residency programs. Sites eligible to apply for grants on behalf of their new primary care providers must be located in underserved areas or areas of need and must accept Medicare and Medicaid participants. Grants to hospital sites must be matched on a dollar-for-dollar basis by the applicant hospital and the disbursement of grants from the program is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 21 appropriation of State funds up to a maximum of $1 million, from Delaware health insurers. This Act also provides that the Delaware Healthcare Commission may award Health Care Provider Repayment grants on a prorated annual basis.