This Act deletes the requirement in Title 31 of the Delaware Code, Section 4304, that no more than 5 commissioners or interim commissioners of the Wilmington Housing Authority be of the same political party.
This Act permits an individual who is a reproductive health care services provider or employee to apply for participation in Delaware's Address Confidentiality Program, which allows participants to keep their actual address confidential by applying to the Department of Justice for a substitute address to which all mail will be delivered. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act directs the State’s current needle exchange program to take a needs-based approach. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires that each county reassess the value of real property in the county at least once every 5 years. The first 5-year period starts when the reassessment currently being conducted by each county is completed. This Act also makes revisions to conform existing law to the standards of the Delaware Legislative Drafting Manual and for consistency with current law and terminology as follows: 1. Because boards of assessment are not responsible for assessing property in any of the counties under current law, this Act repeals the penalty under § 8306 of Title 9 against a board of assessment that knowingly and wilfully assesses property at an incorrect value and corrects references to a county Department of Finance instead of the board of assessment in § 8307 of Title 9. 2. Requires that real property be assessed at its “present fair market value” instead of at its “true value in money.” Delaware courts have established that the “true value in money” for real property means its “present fair market value”, which is the terminology that is currently used.
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 requires the Secretary of Education to publish and deliver to the General Assembly a report detailing requests for certificates of necessity that are not included in the proposed capital budget and the reasons for the rejection and a ranking of the rejected projects by need. The report is also required to include a breakdown of the current and previous 5 years of state spending committed through the certificate of necessity process, as well as a report on which priority level (1, 2, or 3) all approved and rejected applications are given.
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 revamps the Council on Police Training, by changing the name of the Council to the Police Officer Standards and Training Commission (or POST) and amending its powers and duties to: (1) more accurately reflect the dual role of establishing training standards for Delaware police officers as well as overseeing allegations of police officer misconduct and conducting hearings for possible suspensions or de-certifications; (2) untethering the Council from the Delaware State Police by deleting the requirement that the Director of the Delaware State Police Academy is responsible for education and training in connection with the Council’s duties and responsibilities; (3) removing the requirement that discipline proceedings be tied to whether the employing department takes action against the officer and increasing the instances when discipline can be issued; (4) advising the Delaware Police Accreditation Commission regarding statewide accreditation standards; (5) issuing guidelines for local police oversight commissions or boards. The Bill improves transparency by increasing required meetings from two to four per year, clarifying that decisions of disciplinary panels are public documents, requiring that departments form public accountability commissions with non-officer members, and requiring a public comment period and an official website with publication of pertinent records and documents of the POST. By amending the definition of “police officer,” the bill also requires that officers employed only part-time are subject to the regulatory oversight of the POST. The Bill proposes that the Council’s day-to-day functions be provided through professionals retained by the Department of Safety and Homeland Security. Finally, the Bill makes minor technical and other non-substantive changes, including deleting outdated provisions of the Code. This includes striking the provision that required body-worn camera standards to be in place by 2022 – since those regulations are now in place – and instead requiring the POST to “periodically review and propose updates as needed to regulations and standards” for body-worn cameras in cooperation with other stakeholders. Sections 2 through 16 make conforming changes to other parts of the Code that referenced the Council on Police Training.
This Act makes a number of revisions to the Law-Enforcement Officer’s Bill of Rights in Title 11 of the Delaware Code. It adds part-time officers to the coverage of the chapter. It distinguishes between formal investigations and informal inquiries, but requires that even informal inquiries must comport with federal and State law, including NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) and Garrity v. New Jersey, 385 U.S. 493 (1967). This Act requires that a detailed narrative of an internal investigation must be prepared by an investigating agency and publicly posted in any case involving use of force that results in serious physical injury; the discharge of a firearm; a sustained finding of sexual assault or sexual harassment; a sustained finding of dishonesty; or a sustained finding of domestic violence. Further, it requires that an investigation into officer misconduct must be completed, regardless of the employment status of the officer. I.e., even if an officer resigns or retires while an investigation is pending, the department must complete the investigation and report sustained findings of misconduct to the Council on Police Training. The Act also requires a department to provide information to a complainant or victim of officer misconduct sufficient to reasonably address concerns regarding the investigation and its outcome, including the investigative findings, conclusions, and any recommendations for further action. Finally, the Act requires, upon request of a defendant in a criminal or delinquency case, and through the Department of Justice, all existing records relating to sustained findings of misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification, or concealment of evidence by an officer who participated in the investigation or prosecution. It also provides that law-enforcement officers must be required, upon hire, to sign an agreement allowing the hiring agency to provide copies of that officer’s personnel file and disciplinary and investigative records with any other law-enforcement agency that makes an offer or conditional offer of hire to that officer in the future. The CJC will aggregate and post all of the narratives required to be prepared under this chapter on its website, along with an annual report of the following: (1) The number of public complaints and internal complaints relating to police misconduct that the department received each year, broken down by subject matter of the complaint; (2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation; (3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition. Records relating to any incident for which a detailed narrative is required to be prepared and posted must be preserved for at least 25 years. This Substitute differs from the original House Bill No. 205 as follows: 1. It adds sustained findings that a law-enforcement officer engaged in sexual harassment to the required public disclosures. 2. It broadens the requirement for public disclosures relating to sustained findings of dishonesty. 3. It limits the requirement for public disclosures relating to the discharge of a firearm to those instances where the firearm is discharged at a person. 4. It clarifies that the required disclosures apply to chiefs of police and other high ranking officials. 5. It moves all of the disclosures into a single section (§ 9210). 6. It requires, instead of permitting, that the victim or complainant with respect to misconduct must be told of the conclusion of the inquiry. 7. It clarifies that the public detailed narratives required for certain incidents is a prospective requirement, while disclosures in a criminal or delinquency matter pertain to all relevant existing records. 8. It requires additional disclosures to the defendant of investigations into dishonesty-related misconduct that occurred in the course of the investigation of the pending matter; requires law-enforcement agencies to disclose to the Department of Justice such records; and provides if the investigation finds the allegation unsubstantiated it may not be used in any criminal or delinquency proceeding. 9. Reinforces the duty of the State to preserve and disclose records underlying misconduct dealt with in this chapter. 10. Reverts references to the Police Officer Standards and Training Commission to Council on Police Training. 11. Sets a timeline for the preparation and posting of required public disclosures.
This Bill amends the Delaware Energy Act, Title 29 of the Delaware Code, Chapter 80, Subchapter II, by updating and expanding upon the duties of the State Energy Office (located in the Department of Natural Resources and Environmental Control’s Division of Climate, Coastal and Energy). In Section 1 of the Bill, the General Assembly finds and declares that: (a) Planning for Delaware's energy future is vitally important to Delaware’s economy and all of its citizens; (b) Developments in the energy sector of the economy are proceeding at a fast pace, and devoting state resources to the energy sector will be beneficial; and (c) Transforming the delivery of energy to end users is expected to require new programs, planning, and workforce training. Section 1 of the Bill also declares the intent of the General Assembly to provide for the development and implementation of State energy policy and programs in accordance with the State Energy Plan, the State Climate Action Plan, and other documents developed by the Governor's Energy Advisor Council and adopted by the State Energy Office. Section 2 of the Bill commits the State Energy Office to coordinate and partner with state, local, regional, and federal agencies, energy-related boards and councils, energy utilities, and other stakeholders in carrying out its duties under Subchapter II of Chapter 80. The Bill requires the State Energy Office to develop and update, at least every five years, a comprehensive State Energy Plan and to support the State's Climate Action Plan. Among other things, the Bill also requires the State Energy Office to do the following: (a) Provide technical and administrative support to the Governor’s Energy Advisory Council; (b) Assist the State, energy utilities, and private citizens to secure federal funds made available to states and energy utilities to support emerging energy technologies, energy workforce development, and renewable energy and decarbonization programs; (c) Serve as a liaison between State and federal agencies and energy agencies in other states and regions on energy programs and policy matters; and (d) Monitor and act in a coordinating capacity to promote the planning and buildout of the statewide energy grid to optimize resources, including in coordination the Public Service Commission. The Bill expressly authorizes the State Energy Office, through the Department of Natural Resources and Environmental Control, to intervene in dockets before the Public Service Commission in proceedings arising directly from the matters enumerated Subchapter II, Chapter 80, Title 29 of the Delaware Code. This provision is being added to Title 29, Section 8053 of the Delaware Code, and is not intended to limit or restrict, in any way, the Department’s rights or ability to intervene in any other proceedings of the Public Service Commission. Rather, the provision is intended to emphasize the importance of the Department’s input in Public Service Commission proceedings that arise directly from matters falling within Subchapter II, Chapter 80 of Title 29 of the Delaware Code. This is a Substitute Bill that incorporates a number of proposed changes to Senate Bill No. 7, including those contained in Senate Amendment No. 1 to Senate Bill No. 7, and are summarized as follows: (a) On lines 6 to 10, the addition of a "Whereas clause" stating that State Energy Policy should consider the costs and benefits of energy policy options for all Delawareans, including utility ratepayers, and the health and environmental impacts on existing overburdened and underserved communities; (b) On lines 55 to 59, the addition of language the it is the intent of the General Assembly to provide for the development and implementation of State energy policy and programs in accordance with the State Energy Plan, the Climate Action Plan, and other documents adopted by the State Energy Office as recommended by the Governor’s Energy Advisory Council; (c) On lines 75 to 80, the addition of language about the State Energy Office partnering with local and regional energy agencies, the Delaware Division of the Public Advocate, and the Delaware Department of Transportation in carrying out its duties under the Delaware Energy Act; (d) On lines 82 and 83, the addition of the reference to "energy utilities" as entities that the State Energy Office will assist in securing federal funding for Delaware renewable energy and decarbonization programs; and (e) On lines 123 to 128, the addition of a provision authorizing the State Energy Office, through the Department of Natural Resources and Environmental Control, to intervene in Public Service Commission proceedings involving the Delaware Energy Act.
