Sen. Brian Pettyjohn

This Act changes the composition of the Commission and further clarifies the definition of “veterans” as it pertains to this Section of Title 29. The Delaware Commission of Veterans’ Affairs is comprised of members, appointed by the Governor, who represent specific veteran organizations. The United States Congress defines the Korean War Era as June 27, 1950 to January 31, 1955, and today most living Korean War Veterans are in their upper 80s or lower 90s. This amendment will redesignate the seat to an organization that is self-perpetuating and whose membership will continue on, and also serve to provide the diverse representation of all veterans. Also preserved is the ability of the current Korean War Commissioner to remain as a Commissioner until his term expires or that seat otherwise becomes vacant. The sole remaining active Chapter of the Korean War Veterans of America in Delaware is in the process of being disbanded due to lack of membership. The Office of Veterans Services is staffed by individuals employed by the State, but who have been required, by reference to the definition of “veteran,” to have “served honorably.” Staffing of the OVS, including the veterans’ cemeteries, has been challenging. This amendment clarifies that a veteran, for qualification as a commissioner, must have been discharged under other than dishonorable conditions. This clarification is consistent with federal laws and regulations regarding the definition of “veteran.”

This Act modifies Section 2803 to add definitions for negligence, misconduct and incompetence. These new definitions will provide greater clarity and guidance for the Council of the Delaware Association of Professional Engineers in determining whether a licensee is subject to discipline. Section 2817(a)(7) has been amended by striking the requirement that an applicant who fails the Principles and Practice of Engineering examination four times must go through additional steps before taking the examination another time. Eliminating this requirement will remove unnecessary barriers to licensure. Further, Section 2823 has been amended to add “negligence” and “pattern of negligence” as grounds for discipline. These changes will ensure that discipline is imposed for conduct that poses a risk to the public. This Act adds a definition for “successor professional engineer” and a new Section 2832 to delineate the acceptable parameters for a successor engineer’s reuse or adoption of work performed by another engineer. These revisions will both inform licensees of the permissible use of another engineer’s work and ensure that the recipient of services can identify the responsible engineer.

This Act allows a practitioner with the authority to prescribe medication to give the unused portion of topical medication used during treatment to a patient upon discharge or the conclusion of the visit. This Act is based on the Model Act created by the American Academy of Ophthalmology, which has been adopted in Illinois. During a procedure, practitioners may use only a few drops or small amount of medication from a container. Because regulations governing the ability to dispense the remaining portion of stock-item medications can be unclear or appear overly burdensome, many facilities do not allow the practitioner to dispense that container to the patient to take home with them. Instead, the practitioner must write a prescription for the patient and the medication that remains in the container is discarded. By allowing patients to take home provider-dispensed medication, this Act reduces waste and health-care costs and by eliminating the extra burden of going to the pharmacy to fill a prescription, this Act will better ensure medication compliance. This Act is known as "The Topical Medical Waste Reduction Act". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

There are thousands of casual/seasonal employees, who work for the State of Delaware. These hard-working individuals make up a critical part of the state government workforce and play a significant role in keeping our state running and delivering services to the people of Delaware. Since these individuals are not eligible for the state pension plan, many of them are eager to participate in a retirement savings plan so that they can save, invest, and build wealth for a secure and comfortable retirement. Currently, these individuals are not permitted to participate in the state’s 457(b) plan. This bill allows casual/seasonal employees the opportunity to participate in the 457(b) plan.

Under the current salary scale for teachers, if a permitted paraprofessional in a school wishes to become a certified teacher in the same school, they may have to take a pay cut to do so. This Act provides teachers who previously worked as paraprofessionals in the schools to receive partial credit towards their experience on the teacher salary scale for their time working within the schools as paraprofessionals.

This Act provides clarity on the type of certification and the accepted certifying agencies for increases over the basic salary schedule.

This Act, known as the Delaware Climate Change Solutions Act of 2023, follows the issuance of Delaware’s Climate Action Plan in 2021, and establishes a statutory target of greenhouse gas emissions reductions over the medium and long term to mitigate the adverse effects of climate change due to anthropogenic greenhouse gas emissions on the State. The Act establishes a process of regular updates to the Climate Action Plan to serve as the framework to achieve the targeted emissions reductions and develop resilience strategies for the State, creates Climate Change Officers in certain Key Cabinet-Level Departments who will assist DNREC in the ongoing implementation of the Climate Action Plan, requires State agencies to consider climate change in decision-making, rulemaking, and procurement, and requires an Implementation Report every 2 years on the progress of the State towards meeting the statutory targets.

This Act expands eligibility for the investment and employment credit against corporation income tax available under 30 Del. C. § 2011 to the operators of climate-controlled fruit or vegetable growing facilities with at least 400,000 square feet of enclosed space. Eligibility for the expanded tax credit is conditioned on a qualified investment of at least $40 million.

Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents' rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.

This Act clarifies when reports of child abuse or neglect, including suspected human trafficking of a child, are required to be made orally to the Department’s report line and when they may be made via the Department’s online reporting portal. This Act also clarifies that licensed professionals who make reports may not remain anonymous.