Sen. Jack Walsh

This Act creates Pay for Success contracts. A Pay for Success contract is an agreement between a State agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The State agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the State agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a State agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative.

This act provides greater flexibility for County and Municipal governments to enter into public-private partnerships for public lands. These agreements provide opportunities for the preservation of public land and limit the amount of government money required to maintain the land. This act is intended to abrogate the restrictions on permitted uses for public land, including public parks, held in a public trust as provided in the common law, including the restrictions set forth in Anderson v. Mayor and Council of Wilmington. 137 A.2d 521 (Del. Ch. 1958) and City of Wilmington v. Lord. 332 A.2d 414 (Del. Ch. 1975). aff'd, 378 A.3d 635 (Del. 1977).

This Act makes the following changes to the large public works contract procedures in subsection (c) and (d) of § 6962 of Title 29 for all State agencies: 1. Changes the requirement for the prequalification process so that submissions must contain performance reviews for previously awarded public works or private sector construction projects within the last 5 years instead of the last 10 years. 2. When an agency elects to award on the basis of best value, the maximum weight that can be assigned to the schedule is reduced from 30% to 20%. 3. When an agency elects to award on the basis of best value, performance is added as an objective criteria and must be given weight of at least 10% but no more than 20%. 4. Performance criterion is based on the contractor's performance rating, as determined under the agency's regulations. This Act makes the following changes to the large public works contract procedures in subsection § 6962(c) of Title 29 for only Department of Transportation projects: 1. Adds a bidder prequalification requirement to projects other than Community Transportation Fund and municipal street aid contracts, so that the only contractors eligible to bid on projects are contractors that either meet or exceed the minimum contractor's performance rating or that will permit the Department to retain 10% of the payments to be made to the contractor. 2. Creates a stakeholder panel to advise the Department of Transportation on the content of the performance-based rating system regulations. Because the stakeholder panel only exists when the performance-based rating system regulations are promulgated or being revised, the stakeholder panel is codified in the Laws of Delaware instead of the Delaware Code. This Act takes on January 1, 2019, or when the required regulations are promulgated, whichever occurs first. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.

This Act requires long-term care facilities to offer the influenza vaccine to all employees with direct contact with patients. It also requires the facility to keep a record of a signed statement from each employee that the vaccine has been offered.

The Delaware Department of Transportation currently uses a system to repair subdivision roadways in which a unit is dispatched only when a complaint is lodged with the Transportation Management Center. In order to avoid piecemeal repairs that waste valuable resources, the Delaware Department of Transportation will be directed by the Secretary of Transportation to review each subdivision roadway on a consistent basis that is in any subdivision that is at least 10 years old.

This Act amends the Workers’ Compensation Act to include a provision permitting Industrial Accident Board hearing notices and decisions to be sent by secure email with an electronic receipt in lieu of certified mail. This will save money for the State and time for the parties and their attorneys.

This Act restores the Delaware Prescription Drug Payment Assistance Program (“Program”), which was eliminated in the Fiscal Year 2018 Annual Appropriations Act. This Act replaces Senate Bill 148 and makes the following additional changes: (1) Delays implementation of the Act until January 1, 2019, to coordinate with the Medicare Part D benefit year to enable the Department of Health and Social Services (“Department”) to make necessary system changes. (2) Makes changes to the defined term “prescription drugs.” (3) Removes provisions required to be included in rules and regulations promulgated by the Department. (4) Adds provisions that may be included in rules and regulations promulgated by the Department. (5) Makes technical corrections to conform the provisions of the restored Program to the standards of the Delaware Legislative Drafting Manual.

This Act provides the Delaware Interscholastic Athletic Association with the authority to establish fees for officiating. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill changes the time of school board and school referendum election from 10:00 a.m. to 8:00 p.m. to 8:00 a.m. to 8:00 p.m.