The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act is the first leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16, as introduced, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement: (1) The Department of Education. (2) The Department of Military Affairs / Delaware National Guard. (3) The Office of Management and Budget. (4) The Department of Health and Social Services. (5) The Department of Natural Resources and Environmental Control. (6) The Department of Agriculture. (7) The Department of Safety and Homeland Security. (8) The Department of Finance. (9) The Department of Transportation. (10) The Department of Labor. (11) The Delaware State Housing Authority. (12) The Department of State. (13) The Department of Correction. (14) The Department of Services for Children, Youth and Their Families. (15) The Department of Technology and Information. (16) The Department of Human Resources. This Act requires a greater than majority vote for passage because § 1 of Article XVI 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 Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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This House Substitute bill clarifies it is only for new or substantially modified permits and specifies it is only for the following permits: (1) Clean Air permit; (2) Coastal Zone Act permit; (3) Solid waste permit; (4) National Pollutant Discharge Elimination System permit and (5) Hazardous waste permit. As in the original bill the applicant is still required to go through a community outreach process for any qualified project, defined as a project within an underserved community or within 3 miles of an underserved community that meets the definition of a “qualified project” under DNREC’s Regulations. Underserved community is defined as (1) A specified geographic area where the percentage at poverty level is greater than twice the State Average Median Household Income as determined by the most recent United States Census or (2) Any specified community in the most current community mapping tool on the Department’s website. It is anticipated that DNREC will have an environmental justice area viewer, or similar tool, as a link on its website. However, under this House Substitute bill the applicant must submit, with their permit application, a Community Outreach Plan. At a minimum the Community Outreach Plan must: (1) identify a facility community liaison; (2) schedule a community meeting in or within 3 miles of the boundaries of the underserved community; (3) provide a written overview of information to be provided in the permit application; (4) publish the community meeting notice on-line and in at least 1 newspaper and, if available, 1 in the predominate non-English language if the underserved community is identified as limited English proficiency, at least 30 days prior to the scheduled community meeting. The community meeting must allow for interaction and questions and answers. The community meeting must be recorded or transcribed and made publicly available. Any written materials and oral and visual presentations must be accurate, free of technical language, and written in plain English consistent with federal guidelines. The applicant must also provide an Underserved Community Outreach Report to DNREC as part of the permit application and review process by DNREC. The Report must include: (1) The community demographics that qualify it as an underserved community; (2) Community liaison’s contact information; (3) Benefits of the qualified project to the community; (4) Proposed activities and their impact on air, water, soil, and health; (5)That releases of emissions over permit levels will be reported in accord with DNREC regulations; (6) Description of operations conditions or control measures that serve to reduce or mitigate pollution associated with the permit application; (7) Compliance history of facility over last 5 years and verification that any fines, penalties and remedial obligations have been fulfilled; and (8) all applicable state and federal permits held by the facility. All material provided by mail or at the community meeting and all notices must also be provided to DNREC. Trade secrets, as defined in Title 6 of the Delaware Code, do not have to be disclosed in any community outreach materials or presentations. Under this House Substitute Bill DNREC must approve, reject, or require modifications to the Community Outreach Plan within 30 days of its submittal. If the proposed Community Outreach Plan complies with the requirements of this Act it must be approved by DNREC subject to any agreed modifications. Once approved by DNREC the applicant must complete the Community Outreach Plan within 3 months. If the Secretary of DNREC determines any false information was provided by the applicant, it will be considered a falsification of the permit application. All cost incurred in complying with these new pre-permit community outreach requirements are to be paid by the applicant. Under this House Substitute bill an applicant’s permit shall not be considered complete until a DNREC approved Community Outreach Plan is completed. This House Substitute bill not only requires the Department to promulgate regulations, within 6 months of enactment, but it adds they must be created in collaboration with a Stakeholder Committee made up of appointees of the Governor, the Secretary of the Department, the Chair of the House Natural Resources and Energy Committee and the Chair of the Senate Environment, Energy, and Transportation Committee. This Act will be effective within 30 days of publication of notice by the Register of Regulations that DNREC has advised it that it has promulgated regulations to administer this Act.
This Act creates a new state-level Department of Veterans’ Affairs, headed by a cabinet-level Secretary appointed by the Governor with the advice and consent of the Senate. The Department will take over most of the duties currently handled by the Commission on Veterans’ Affairs and its staff. The Commission will continue in its current form, but under the Department of Veterans’ Affairs rather than the Department of State, and it will continue to advise on the duties of the Department and make recommendations regarding the welfare of veterans in the State. The Department will assume the assets and liabilities of the Commission and current staff of the Commission will become staff of the Department.
Maddy summaryThis bill designates the month of June as "Caribbean American Heritage Month" within the State of Delaware. It serves as a formal recognition of the significant cultural, historical, and professional contributions made by Caribbean Americans to the state and the nation. The resolution highlights the achievements of notable figures with Caribbean roots, such as Bob Marley and Kamala Harris, to underscore their impact on various fields including arts, government, and business. By passing this measure, the Delaware General Assembly aims to celebrate and honor the diverse heritage of Caribbean communities during the specified month.
Maddy summaryThis bill is a concurrent resolution that officially designates June 2024 as Pride Month in Delaware. It does not create new laws or change state policies but serves to acknowledge the historical significance of the LGBTQ+ community and its ongoing fight for equality. The text highlights the progress made since the 1969 Stonewall riots while noting that discrimination and hate crimes against LGBTQ+ individuals, particularly transgender people, remain concerns. By recognizing this month, the legislature aims to show support for the community and reaffirm its commitment to fairness and dignity for all Delaware residents.
This Act makes technical changes for clarity by adding a definition of “mental condition” to the Code section that deals with relinquishment of firearms for persons who may be a danger to self or others (also known as a “red flag” law). It also extends the time periods for the Department of Justice to petition for a permanent order from 30 days to 60 days and allows the Superior Court to grant an extension of time to file for an additional 30 days. Under the existing law, the Superior Court may only grant a 15-day extension. The time within which a hearing is required to be held is extended from 15 days after the DOJ’s filing of a petition to 30 days. An ex parte emergency order issued by the JP Court will continue in effect during these time periods.
Maddy summaryThis bill is a formal resolution that honors the high school girls who participated in the 2024 Delaware Girls State program held in Dover. It specifically names and commends the individual delegates from various schools across the state for their involvement in learning about the legislative process. The document also thanks the American Legion Auxiliary Department of Delaware for sponsoring the event and expresses hope that some participants will pursue future careers in public service.
Maddy summaryThis legislative resolution designates Wednesday, June 12, 2024, as Women Veterans Day throughout the State of Delaware. The measure directly affects the state's official calendar and serves to acknowledge the historical contributions and sacrifices of women who have served in the U.S. military. By passing this concurrent resolution, the Delaware General Assembly formally recognizes the service of over 7,000 women veterans residing in the state. The text highlights key milestones in women's military service, such as the 1948 law that allowed women to serve as permanent regular members of the armed forces. This action is a commemorative gesture rather than a change to laws or government operations.
This Act creates the Diamond State Hospital Cost Review Board, which will be responsible for an annual review of hospital budgets and related financial information. The Board will have 7 members: 6 appointed by the Governor and confirmed by the Senate, and the Executive Director of the Delaware Healthcare Association. This Act creates a requirement that hospitals submit yearly budgets, audited financial statements, and related financial information to the Board for review. Where a hospital fails to meet the state’s budget benchmark for increases in hospital costs it is required to engage with the Board on a performance improvement plan. If the Board and the hospital cannot agree on an improvement plan or where the hospital fails to successfully implement a performance plan, the Board may require the hospital to have its future budget approved by the Board. The submission of hospital budget and financial information will begin in 2025 for calendar year 2026. In reviewing performance improvement plans or proposed budgets, the Board will consider adherence as closely to the spending benchmark as is reasonable given the hospital’s financial position and associated economic factors, the promotion of efficient and economic operations of the hospital, and maintenance of the hospital’s ability to meet its financial obligations and provide quality health care. As a temporary measure until the Board begins operations, hospitals are required to charge no more than 250% of Medicare costs to any payer for hospital services in calendar year 2025. This Substitute Bill incorporates all of the following changes which were incorporated into House Substitute No. 1 for House Bill No. 350: It provides additional detail regarding the operation of the Board, budget modifications, and provides an appeal right to the Superior Court. It changes the application of the definition of hospital to exclude psychiatric facilities. Because hospitals may have different fiscal years, the deadline for the Board to issue a final decision on a budget is changed to 90 days before the start of a hospital’s fiscal year rather than a fixed date. The confidentiality provisions for hospital records have been updated. Technical corrections have been made. In addition, House Substitute No. 2 contains the following changes: It adds a performance improvement plan process as an interim step prior to requiring a hospital to submit a proposed budget for approval or modification by the Board. With this change, the Board will only accept and review budget information in its first year of operation in 2025. In 2026, it may direct hospitals to submit a performance improvement plan. It exempts hospitals that are exclusively rehabilitative hospitals. It changes the composition of the Board as set forth above. It exempts hospitals who derive 45% or more of their revenue or whose patient population has 5% or less Medicare patients from the 2025 reference pricing provision. It extends the interim reference pricing period to include 2026 and prohibits balance billing in reference pricing period.
This House Concurrent Resolution reaffirms Delaware's commitment to strengthen the longstanding partnership with Taiwan, supports Taiwan’s efforts to secure the signing of a Bilateral Trade Agreement and an Avoidance of Double Taxation Agreement with the United States; commends Taiwan’s vibrant full-fledged democracy; supports the reopening of a Delaware Trade Office in Taiwan; and continues to support Taiwan’s meaningful participation and contributions in international organizations.