Rep. Kendra Johnson

This Act is part of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Delaware Nursing Home Residents Quality Assurance Commission ("DNHRQAC") and the recommendations that JLOSC approved during its review. This Act specifies the matters that DNHRQAC must include in its annual report, and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The bill requires that third-party cost-sharing assistance utilized by patients is applied toward the enrollee's health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to patient’s deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024.

This Act prohibits minor parents from executing a voluntary acknowledgment of paternity. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative drafting Manual. This Act takes effect 180 days after enactment into law.

This Act criminalizes the deprivation of civil rights modeled after federal law (18 U.S.C. 242) and enforced by the Delaware Department of Justice’s Division of Civil Rights and Public Trust. The new crime of deprivation of civil rights would be a Class A misdemeanor, which could elevate to a Class D or Class B felony depending on the nature of the injury or harm. This new crime of deprivation of civil rights serves as a predicate offense for hate crimes, or for racketeering if committed by an enterprise. By including conduct committed under color of any ordinance, regulation, or custom, this law accounts for conduct by actors in areas such as banking, lending, leasing, government contracts or political operatives.

House Bill 373, passed by the 151st General Assembly, clarified that persons 14 and 15 years of age can be employed in such places where alcoholic beverages are served, but cannot be involved in the sale or service of alcoholic beverages. Currently, the Department of Labor (DOL) has a robust process for youth (those not yet 18) to apply for a work permit. Youth may not work in the state unless they have a DOL-issued work permit which is required to be kept on file with the employer. The OABCC statute requires an additional work permit. Youth must obtain two, separate work permits after going through two separate processes to obtain one job. This legislation will streamline that process for our youth, requiring them to obtain just one work permit from the Department of Labor. Additionally, this legislation will permit employees in the Office of the Alcoholic Beverage and Control Commissioner (“OABCC”) to work in any of the three counties. Sussex County is experiencing an increase in growth. The OABCC has just one licensing inspector who is responsible for performing licensing inspections for the entire state. With this change, the OABCC could create a more efficient operation to serve all three counties for those who are licensed to sell and serve alcoholic beverages in the state.

This Act requires the Department of Education to conduct an annual workforce study of early childhood professionals to support the development of a plan and implementation of a system of supports to grow and deepen the early childhood workforce. The first study is due by November 15, 2022, the plan by January 31, 2023, and implementation of the system should be in place by September 1, 2023. The COVID pandemic revealed and heightened an existing difficulty in attracting and maintaining well qualified professionals in child care jobs, which are frequently low-paying compared to K-12 jobs. Since reliable, widely available, high quality child care options are a foundation for the whole workforce, and because the early childhood years are so important to childhood development and school readiness, it is a priority for the State that this crisis be addressed in a systematic, holistic fashion. The Department of Education is tasked with leading this rethinking and prioritization of early childhood careers – through the development of reliable data systems which can help bring living wages, financial and other support for academic and credential attainment, and coordination with CTE programs and institutions of higher education to uplift the profession and support individuals seeking to make a career in early childhood education.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Water Infrastructure Advisory Council ("WIAC"). This Act clarifies quorum, removes a prohibition against WIAC members voting when attending a meeting virtually, and authorizes WIAC to adopt procedural rules to carry out its functions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates a “Ban the Box” policy for postsecondary institutions in the state. “Ban the Box” or “Beyond the Box” policies refer to the removal of questions about one’s criminal conviction history on a college or job application. Research shows that questions about criminal conviction history deter individuals from applying to an institution and increase the likelihood of rejection, with a disproportionate effect on people of color. This Act promotes diversity by prohibiting academic institutions from inquiring into an applicant’s criminal conviction history, with limited exceptions for inquiries into certain types of offenses such as stalking and sexual assault. If the institution elects to deny an applicant because of a conviction for such an offense, it must disclose that fact to the applicant. After an applicant has been admitted, an institution may inquire into the applicant’s criminal conviction history for the limited purposes of offering counseling and making decisions concerning the applicant’s participation in campus life. In addition, the Act requires the Department of Education to compile and complete an annual report on admissions from each academic institution, including the race and gender of the applicants and of the accepted students.

This Act would add designation that the holder is a veteran to the Delaware Driver License or Identification Card upon request. Adding designation that the holder is a veteran to a Driver License or Identification Card would eliminate the need for a veteran to carry a separate card or official discharge forms in order to prove their service.

This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services (DHSS) who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry. An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or IV may not be an employee, contractor, or volunteer in any capacity that involves visiting children in their homes or the community or having regular, direct access to children. DHSS, if it chooses, may use its Background Check Center, which processes background checks for individuals working in home-care and long-term care facilities. It differs from the original bill in that it permits DHSS to use its Background Check Center to accomplish these additional background checks, specifies Child Protection Registry status that is disqualifying, and makes other minor technical changes.