This Act strengthens the current practice of obtaining service letters for employment in child care facilities to protect children from workers who have engaged in prior acts that are prohibited by the Office of Child Care Licensing. The Act does all of the following: 1. Requires service letters used for child care facilities ask previous employers whether they would have any concerns about the employee providing care to children. 2. Requires service letters used for child care facilities ask previous employers whether the employee was ever warned, reprimanded, suspended, or discharged for any violations found in the Department of Education's Regulations for Early Care and Education and School-Age Centers. 3. Requires the Office of Child Care Licensing to report any suspected failure of an employer to adhere to the requirements of a service letter to the Department of Labor for review and possible civil penalties. 4. Clarifies the Department of Labor is the only party that can seek civil enforcement under this section. 5. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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This Act streamlines and modernizes the State Early Childhood Education Program in § 3001 of Title 14, also referred to as State-funded early care and education, as follows: (1) Adds definitions. (2) Provides the Department of Education (Department) with a general grant of authority to provide early childhood educational services. (3) Subject to available appropriations, § 3001(c) of this Act requires the Department to provide free, full-day early childhood educational services for preschool-age children who satisfy eligibility requirements developed by the Department. This provision incorporates elements of epilogue language from the FY 2024 Annual Appropriation Act regarding the Redding Consortium and the Early Childhood Assistance Program (ECAP). (4) Allows for common standards and processes across programs. (5) Requires the early childhood educational services under § 3001(c) to align with quality standards in the categories of learning environment and curriculum, qualifications and professional development, family and community partnerships, and management and administration. (6) Aligns the length of contracts with the Head Start program, while clarifying that contracts under this section must comply with State procurement standards under Chapter 69 of Title 29. (7) Updates the Code to reflect that the Department uses a quality improvement system instead of Delaware Stars for Early Success. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and for clarity.
This Act increases the amount of the annual appropriation to prefund future State employee retiree health insurance as recommended by the Retiree Healthcare Benefits Advisory Subcommittee of the State Employee Benefits Committee. Like other required contributions to the Other Post-Employment Benefits Fund (OPEB) Fund, this appropriation must be included in the review of and plan for proposed expenditures that the Director of the Office of Management and Budget submits to the Governor and in the Governor's Budget Appropriation Bill. This Act also revises existing law to allow the current practice of making the annual payment to the OPEB Fund of 1% of the operating budget appropriations for the prior fiscal year in a Supplementary Appropriation Bill and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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 implements the process of aligning the end of the term of each of the members of the Governor’s cabinet with the end of the Governor’s term by designating the principal officer of each executive department who is subject to the amendments to § 10 of Article III of the Delaware Constitution proposed by Senate Bill No. 15. The General Assembly’s intent in making this change is to require each member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of a Governor. This Act also makes the following consistent: (1) The method of determining the annual salary of members of the Governor’s cabinet, by providing that the General Assembly is to set the salary in the annual appropriations act, thereby conforming the Delaware Code to current practice. (2) The preference for members of the Governor’s cabinet being residents of this State on appointment, by removing from the Delaware Code the preference for residency for the Secretary of the Department of Safety and Homeland Security, the Secretary of the Department of Finance, the Secretary of the Department of Transportation, the Secretary of Labor, the Housing Director of the Delaware State Housing Authority, and the Secretary of the Department of State. Residency requirements for members of the Governor’s cabinet are being removed from the Delaware Code by this Act and replaced with a notation that residency requirements are as provided in the Delaware Constitution. Residency requirements for members of the Governor’s cabinet will now be consistent, requiring the members to be residents of this State within at most 1 year after appointment and to remain residents of this State or be deemed resigned from office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Because the next General Assembly must concur in the proposed amendment to the Delaware Constitution, this Act does not take effect until the passage of the second leg of the constitutional amendment in the 153rd General Assembly.
This Act eliminates the death penalty in Delaware. As such, the penalty for a person who is convicted of first-degree murder for an offense that was committed after the person’s 18th birthday is imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.
This bill enables the Delaware Nutrient Management Commission to regulate the application of nutrients to turf by commercial nutrient handlers. The law excludes athletic fields, golf courses, and land used in the production for sale of sod or seed and only applies to commercial nutrient handlers who are paid to apply such nutrients. This bill decreases the threshold of serviced acreage for which commercial nutrient handlers would need a certification to apply nutrients to turf. Allowing the Commission to oversee such conduct will further ensure that Delaware’s waterways are continually improved and maintained to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Section 1 of the bill grants the Commission the authority to regulate the application of nutrients to turf and defines turf. Section 2 of the bill broadens the Commission’s pool of potential officers to any appointed member not just the five appointed by the Governor. Section 3 of the bill provides greater detail as to whom the Commission regulates regarding turf and when, as well as setting forth constraints as to when and how certain nutrients can be applied. The commission will reduce the threshold for regulated commercial nutrient handlers from 10 acres of service area to ¼ acre (10,890 sq ft). The definition of commercial nutrient handler is expanded. The requirement of a nutrient management plan is eliminated for areas falling within these newly established constraints. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act removes “supervision” from the scope of practice of a master’s social worker. This Act also prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. The Board of Social Work Examiners (Board) determined that a master’s social worker lacks the education and experience needed to provide clinical supervision. Under this Act, an applicant for licensure as a licensed clinical social worker may still obtain supervision from a licensed psychologist or licensed psychiatrist where a licensed clinical social worker is not available, under the Board’s rules and regulations. This Act also adds a grandfathering provision so that an applicant or licensed clinical social worker who started or completed supervision with a master’s social worker on or before the enactment date of this Act satisfies the supervision requirement under § 3907(b)(4) of this title as long as the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title. The grandfathering provision also allows a master’s social worker who is supervising an applicant as of the enactment date of this Act to continue supervision under the applicant completes the 2-year supervised experience requirement.
This Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states. This Act also strikes outdated language in the Consumer Fraud Act requiring cases to be filed in specific counties, as the Superior Court and the Court of Chancery have both eliminated their historical county filing requirement. Additionally, this Act fixes inconsistencies with the Summary Cease and Desist Order process, by clarifying that an alleged violator must request a hearing in order to trigger the Division of Consumer Protection’s obligation to hold a hearing. This Act further clarifies the Summary Cease and Desist Order process, such as by making explicit the alleged violator’s right to postpone a hearing and final order, changing the various 10 day requirements to 15 business days, and removing the requirement for a complaint to accompany the original summary cease and desist order.
This Act clarifies the Auditor of Account’s duties and powers by amending § 2901 of Title 29 to define “audit” to include performance audits, and by amending §§ 2906 and 2909 of Title 29 to change "postaudit" to "audit." This Act also clarifies that audits must be conducted using standards issued by the U.S. Government Accountability Office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The Board of Trustees of the Delaware Institute of Veterinary Medical Education (“DIVME”) was established in 1975 with a stated purpose of creating opportunities for Delaware residents to obtain veterinary training and strengthening factors that would encourage them to return to practice in Delaware. DIVME’s statute has had only 2 minor updates since 1975, with the last update in 1993. This Act revamps the board and the DIVME program to meet modern veterinary medical needs in Delaware. Among the changes are: - Renaming DIVME to the “Delaware Veterinary Medicine Education Advisory Council,” more accurately reflecting the group’s purpose. - Providing that the Advisory Council will work with both the Department of Education and the Department of Agriculture to establish a robust program that assists Delaware students interested in practicing veterinary medicine, encourages the students to return to Delaware to practice, and develops programs of education and training in veterinary medicine-related fields and research. - Updating membership of the Advisory Council to better represent the many areas that veterinary medicine impacts Delaware. Several members are added, including the Department of Agriculture, the Office of Animal Welfare, and the Delaware Farm Bureau. - Better defining the Advisory Council’s purpose and duties to empower the Advisory Council to better understand what the needs are in Delaware and develop and recommend methods to promote awareness of educational assistance and opportunities to return to Delaware to practice veterinary medicine. This Act reflects the work of several interested parties to achieve a renewed and reenergized Advisory Council, including the Department of Education, the Department of Agriculture, the Delaware Farm Bureau, the Office of Animal Welfare, the Delaware Veterinary Medical Association, and local animal shelters.