This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide.
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This Act addresses the relation between land development and school capacity and facilitates greater coordination between the counties and local school districts with regard to planning. In addition, the Act enables Kent and Sussex County to use the Voluntary School Assessment (VSA) and other agreements to address the impact of residential development on school capacity. The following is a summary of the Act’s 7 sections: Section 1 of the Act amends Chapter 26 of Title 9 of the Delaware code pertaining to zoning in New Castle County. First, it amends § 2656 of Title 9 to require that New Castle County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts. Second, Section 1 of the Act amends § 2661(c) of Title 9 to remove language providing that any regulation or ordinance adopted by New Castle County linking residential development to school capacity is preempted by state law and of no force or effect. Section 2 of the Act amends Chapter 49 of Title 9 of the Delaware code pertaining to zoning in Kent County. First, it amends § 4956 of Title 9 to require that Kent County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts. Second, Section 2 of the Act amends § 4961 of Title 9 to add a new subsection (d) concerning the certification of adequate school capacity for proposed residential developments. Section 4961(d) enables Kent County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA. Section 3 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. First, it amends § 6956 of Title 9 to require that Sussex County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts. Second, Section 3 of the Act amends § 6961 of Title 9 to add a new subsection (d) concerning the certification of adequate school capacity for proposed residential developments. Section 6961(d) enables Sussex County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA. Section 4 of the Act amends § 842 of Title 22 of the Delaware code to conform with the changes to § 2661 of Title 9 contained in Section 1 of the Act. Specifically, Section 4 of the Act removes language providing that any regulation or ordinance adopted by New Castle County linking residential development to school capacity is preempted by state law and of no force or effect. Section 5 of the Act amends § 103 of Title 14 of the Delaware code to remove a specific reference to New Castle County. Section 6 of the Act directs the Department of Education to develop guidance and policies for implementing §§ 2656(g)(11), 4956(g)(11), and 6956(g)(11) of Title 9, concerning the requirement that the Counties consider an educational element in developing their comprehensive plans for planning and development. The Department of Education is to develop these guidance and policies by July 1, 2024. Section 7 of the Act provides that, effective as of January 1, 2023, the Counties must include the educational element in their comprehensive plans within the next comprehensive plan update following the Act’s enactment into law. This Act is a substitute for and differs from Senate Bill No. 287 in several respects. Section 1 of Senate Bill No. 287 would have amended § 2661(c) of Title 9 by removing an exception to the requirement that a residential developer provide a certification of adequate school capacity for proposed residential developments where the developer has pledged to pay a VSA. Section 1 of this Act leaves that exception intact. In addition, Section 1 of Senate Bill No. 287 would have added language to § 2661(c) permitting a school district to require a residential developer to enter into an agreement to resolve school capacity issues arising from a development that are not addressed by the VSA. This Act does not include that language. Sections 2 and 3 of this Act include an exception to the requirement that a residential developer provide a certification of adequate school capacity for proposed residential developments where the developer has pledged to pay a VSA. Sections 2 and 3 of Senate Bill No. 287 did not include this exception. In addition, Sections 2 and 3 of Senate Bill No. 287 would have added language to § 4961 and § 6961 of Title 9 permitting a school district to require a residential developer to enter into an agreement to resolve school capacity issues arising from a development that are not addressed by the VSA. Sections 2 and 3 of this Act does not include that language. Section 4 of Senate Bill No. 287 would have amended § 842 of Title 22 to remove an exception to the requirement that a residential developer provide a certification of adequate school capacity for proposed residential developments where the developer has pledged to pay a VSA. Section 4 of this Act leaves that exception intact. Section 5 of Senate Bill No. 287 would have amended § 103 of Title 14 to provide that in calculating the VSA, the Secretary of the Department of Education shall consider the cost of off-site roadway improvements required by the state transportation department. Section 5 of this Act does not make this amendment. Section 8 of Senate Bill No. 287 would have required New Castle County to include the educational element in its comprehensive plan by December 31, 2025. Section 7 of this Act provides instead that, effective as of January 1, 2023, New Castle, Sussex, and Kent Counties must include the educational element in their comprehensive plans in their next comprehensive plan updates following this Act’s enactment into law.
This Act does the following: (1) Authorizes the bundling of unimproved or vacant real property for sale at sheriff's sale by this State or any political subdivision when the real property is subject to a writ of venditioni exponas filed by this State or a political subdivision due to an outstanding lien or judgement. (2) Authorizes a land bank to acquire unimproved or vacant real property at sheriff's sale by submitting a final apex bid in the amount of the outstanding liens or judgements that are of record 5 days before the date of the sheriff sale, which has the effect of ending a sheriff's sale and selling the real property at issue to the land bank. The owner can redeem the real property by paying the land bank the amount of the final apex bid within 60 days of the approval of the sale to the land bank.
This resolution proclaims Thursday, May 19, 2022 as Global Accessibility Awareness Day in the State of Delaware.
This Concurrent Resolution designates the week of May 8, 2022 to May 14, 2022 as National Charter Schools Week and commends Delaware's charter public schools for their efforts in educating Delaware students.
This concurrent resolution requests that the Department of Education provide information on the current mental health care workforce within Delaware schools and what progress is being made to meet ratios established in HB 100.
This Resolution recognizes World Preeclampsia Day on May 22, 2022.
This resolution recognizes May 2022 as Maternal Mental Health Awareness Month in Delaware.
This Concurrent Resolution recognizes the contributions of the Delta Sigma Theta Sorority chapters in the State of Delaware and declares May 17, 2022, to be “Delta Day at the Delaware Capital.”
This Act creates the Office of Corrections Ombudsperson (Ombudsperson or Office) within the Department of Justice. The purpose of the Ombudsperson is to do all of the following: 1. Provide information to inmates and their families. 2. Promote public awareness and understanding of the rights and responsibilities of inmates. 3. Identify systemic problems and recommend solutions. 4. Ensure compliance with relevant laws, rules, and policies pertaining to correction facilities, services, and treatment of inmates. Under this Act, the Ombudsperson may investigate and attempt to resolve any situation if the health, safety, welfare, or a right of an inmate of the Department of Correction (Department) may be adversely affected by any of the following: 1. Abuse or neglect. 2. A Department decision or administrative action. 3. A Department inaction or omission. 4. A Department policy, rule, or procedure. 5. A violation of law. The Ombudsperson may not investigate a complaint relating to an inmate’s underlying criminal conviction or complaints from employees that relate to their employment relationship with the Department, unless the complaint is directly related to the health, safety, welfare, or a right of an inmate. An individual may file a complaint with the Ombudsperson whether or not the individual pursued resolution of the complaint through the internal grievance, administrative, or appellate procedures within the Department. The Ombudsperson shall treat all matters under investigation, including the identities of recipients of Ombudsperson services, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the Ombudsperson to perform the duties of the Office and to support any recommendations resulting from an investigation. To the extent the Ombudsperson reasonably believes necessary, the Ombudsperson may reveal information obtained in the course of providing Ombudsperson services for any of the following purposes: 1. To prevent reasonably certain death or substantial bodily harm. 2. To prevent the commission of a crime. 3. To report an alleged commission of a crime to the appropriate law-enforcement agency. At the conclusion of an investigation of each complaint, the Ombudsperson must issue a public decision on the merits of the complaint, but the public decision must not contain documents that are confidential, including personnel matters. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes an employee of the Department or the Department, the Ombudsperson shall consult with the Department, and as appropriate, that individual or contractor. While the Law-Enforcement Officers’ Bill of Rights (LEOBOR) does not cover correctional officers or employees of the Department, this Act provides that if a provision of this subchapter conflicts with LEOBOR, the requirements of this subchapter apply. The Ombudsperson may request to be notified by the Department, within a time specified, of any action taken on any recommendation presented. The Ombudsperson must notify the complainant, and the inmate if the inmate is not the complainant, of the actions taken by the Department in response to the Ombudsperson’s recommendations. This Act provides that a Department employee may not be subject to disciplinary action based solely on an investigation under this subchapter if the individual’s conduct was in compliance with Department policies and procedures at the time of the conduct. This Act also requires that the Ombudsperson produce an annual report that contains all of the following: 1. The number of complaints received and the number of complaints resolved. 2. A description of significant systemic or individual investigations or outcomes achieved by the Ombudsperson during the prior year. 3. Any outstanding or unresolved concerns or recommendations of the Ombudsperson. 4. Input and comments from stakeholders, including the Council on Correction, regarding the Ombudsperson’s activities during the prior year.