Rep. Tim Dukes

This Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee (“JLOSC”) by making amendments to the State Human Relations Commission’s (“the Commission”) governing statute. First, this Act changes the number of members on the Commission to a more manageable number, 18 members, and adjusts appointment language accordingly, including providing for staggered appointments so that members’ terms do not expire all at the same time. To provide the Commission with sufficient time to reorganize itself with the new number of members, Section 1 of this Act takes effect 1 year after the date of enactment. Next, this Act adds several provisions that are administrative in nature: defining the Commission’s quorum and requiring quorum to meet and conduct business; language standard to boards and commissions regarding the removal of members for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance; and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act fulfills the JLOSC recommendation that the Commission’s governing statute include reference to its duties under other chapters of the Delaware Code. Current Delaware law provides that the Commission has duties under Chapters 45 and 46 of Title 6, the Equal Accommodation Act and Fair Housing Act, respectively. Senate Bill No. 49 (“SB 49”) of the 149th General Assembly, however, if enacted, will create a new Chapter 78 in Title 6, under which the Commission will have duties related to Homeless Individuals’ Bill of Rights. In order to accommodate the possibility of a new chapter in Title 6 which should be referenced in the Commission’s governing statute, §§ 3004 and 3005 have been drafted as two versions. The first version of each, Sections 4 and 6, include references to the new Chapter 78, while the second version of each, Sections 5 and 7, do not. Therefore, Section 10 of this Act provides that Sections 4 and 6 take effect if SB 49 is enacted during this General Assembly, and Sections 5 and 7 take effect if SB 49 is not enacted during this General Assembly.

This bill dissolves the Human Trafficking Coordinating Council and reestablishes it as the Human Trafficking Interagency Coordinating Council. The bill establishes the members of the Council and the chair and vice-chair. The bill also requires that a public awareness sign must be displayed at locations designated by the Council.

This bill expands the list of felony-level contraband to include narcotics, prescription drugs, and items used to facilitate escape.

This legislation eliminates front footage calculations as the sole method of collecting sewer assessments for county sewer users. It provides a broad list of possible methods of determining the amount of the sewer assessment for each property, including, but not limited to front footage, usage, fixtures, Equivalent Dwelling Units (EDUs) or other factors. The methods are the same as those currently in Chapter 67 of the Delaware Code for sewer charges.

This act amends the Charter of the Town of Laurel so that the Mayor and members of the Town Council are only paid for meetings which they attend.

This bill establishes the Behavioral Health Consortium that will provide oversight and coordination of the State’s private and public bodies to address behavioral health issues in Delaware.

This act establishes the Addiction Action Committee as a means to establish a comprehensive, coordinated strategy to address addiction in Delaware. The committee is authorized to make recommendations on a comprehensive approach to address and monitor the addiction crisis.

This Act, which shall be known as the Coastal Zone Conversion Permit Act, makes changes to the Coastal Zone Act (“CZA”), which has not been significantly updated since its enactment almost a half century ago. The CZA, enacted in 1971, has enabled Delaware to preserve and protect our coastline, one of Delaware’s greatest natural resources. However, the CZA has also allowed property that has been in use by heavy industry for nearly 50 years, most suitable for similar industrial uses, to go unused unless the owner is willing to engage in the same heavy industry use or to use the property for manufacturing. This Act establishes a procedure to allow for the responsible, productive reuse of the 14 existing sites of heavy industry use within the coastal zone. Specifically, this Act provides that the Secretary of the Department of Natural Resources and Environmental Control (“Secretary”) may issue a conversion permit entitling the owner, operator, or prospective purchaser of an existing heavy industry use site operate an alternative or additional heavy industry use at a heavy industry use site. A conversion permit may also be sought for a heavy industry use site that had a docking facility or pier for a single industrial or manufacturing facility at the time the original CZA was passed in 1971, to engage in the bulk transfer of products produced in or used by a facility in the coastal zone. Agricultural products in bulk may also be transferred without regard to origin or destination pursuant to a conversion permit. Liquefied natural gas terminals or transfers are not allowed under this provision. The CZA already contains an exception from the definition of “bulk product transfer facility” for “a docking facility or pier for a single industrial or manufacturing facility for which a permit is granted or which is a nonconforming use,” and that exception is maintained in this Act. A person applying for a conversion permit must submit a written application including all of the information currently required for a permit under the CZA in addition to the following: (1) the environmental impact and economic effect of the existing or previous heavy industry use or uses, (2) the environmental impact and economic effect of the alternative or additional heavy industry use or bulk product transfer activity, (3) the net environmental improvement, economic improvement, or both, inherent in the additional or alternative heavy industry use or bulk product transfer activity as compared to the most recent heavy industry use, (4) evidence of compliance with the Delaware Hazardous Substance Cleanup Act (“HSCA”) and other environmental laws, (5) a sea-level rise plan, (6) an offset proposal required to more than offset the negative environmental impacts of an activity, consistent with regulations, (7) a timetable for the conversion from the existing heavy industry use to the alternative or additional heavy industry use or bulk product transfer activity, and (8) evidence of financial assurances. Together, these additional requirements will ensure the coastal zone is protected while providing more flexibility for viable economic use to these 14 existing sites of heavy industry use. This Act specifies that the Secretary may not grant a conversion permit to operate any oil refinery, basic cellulose pulp paper mill, incinerator, basic steel manufacturing plant, or liquefied natural gas terminal not in existence on June 28, 1971. All conversion permit applications under this Act are subject to a public hearing. The Secretary must respond to an application for a conversion permit within 90 days of receiving an application.

This Act updates Delaware's human trafficking crime to prohibit the same acts that are included in the federal Justice for Victims of Trafficking Act of 2015.

This legislation authorizes the Department to operate its principal office in the Dover area and an additional branch office in Sussex County.