Rep. John L. Mitchell

This Concurrent Resolution requests an advisory opinion of the Justices of the Delaware Supreme Court regarding the proper construction of § 13 of Article III of the Delaware Constitution. This Resolution also tasks the Judiciary Committee of the House and Senate who shall meet jointly on or before December 17, 2021 to determine the process to be used to decide if reasonable cause exists for the removal of an elected official pursuant to § 13 of Article III of the Delaware Constitution.

This Act establishes Juneteenth as a State holiday. Juneteenth commemorates the emancipation of the last enslaved African Americans in the United States. The Act adds Juneteenth as a legal holiday and reduces the number of floating holidays from 2 to 1. The two floating holidays were created by the 145th General Assembly as replacements for Presidents Day and Columbus Day. This Act replaces the floating holiday that replaced Columbus Day with a legal holiday to celebrate Juneteenth. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act supports children who spent part or all of their teen years in the State's foster care system to access higher education by providing a tuition waiver program to cover the cost of tuition, fees, and (where offered) room and board at a public Delaware college or university.

This Act is designed to increase the opportunity for Delaware children to undergo developmental screening with a research-based screening tool at an early age in order to identify children who may be eligible for Early Intervention or special education services. It requires any applicant for a license or renewal of a license to operate a child care facility on or after July 1, 2023 to commit that each child between the age of birth and 5 years old (who has not yet entered kindergarten) enrolled by the child care provider will undergo developmental and social emotional screening. The screening mechanism to be used is the screening system approved by the Department of Education and will be administered by the parent or guardian of the child seeking to be enrolled in the child care facility. This Act permits an operator of a child care facility at a YMCA to be appointed to the Provider Advisory Board, changes references from “day care” to “child care” in the existing law and makes other changes consistent with the Legislative Drafting Manual.

This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.

Section 1 of this bill establishes the crimes of possession of an unfinished firearm frame or receiver with no serial number, possession of and manufacturing a covert or undetectable firearm, possession of and manufacturing an untraceable firearm, and manufacturing or distributing a firearm using a three-dimensional printer. This bill also makes it a crime to possess a firearm frame or receiver with a removed, obliterated, or altered serial number. This bill makes very limited exceptions to the requirement that certain guns have serial numbers which are: (1) Firearms manufactured before 1968; (2) Muzzle loaders that only use black powder, and antique replicas. Finally, this bill makes clear that § 1463 of Title 11 concerning untraceable firearms does not apply to members of the military forces or members of a police force in this State duly authorized to carry an untraceable firearm, and does not apply to the manufacture or importation for sale to a law-enforcement or military entity in this State. Section 2 is a severability clause. Section 3 provides that Section 1459A of Title 11, which is possession of an unfinished firearm frame or receiver with no serial number, takes effect 90 days after the Act's enactment into law.

Like House Bill No. 166, House Substitute No. 1 for House Bill No. 166 establishes the Elevate Delaware program. Elevate Delaware will provide payments for tuition and auxiliary expenses, up to $10,000, for individuals to attend an approved non-credit certificate program. The Workforce Development Board will create a list of non- credit certificate programs eligible for the Elevate Delaware program and establish priorities based upon the skill requirements of employers in Delaware. It also allows the Department of Labor to provide payments to participants in Elevate Delaware to cover auxiliary expenses necessary to meet basic living expenses or purchase supplies necessary for the non-certificate program or employment upon completion of the program. House Substitute No. 1 for House Bill No. 166 differs from House Bill No. 166 as follows: 1. Instead of basing eligibility upon graduation from a Delaware high school, individuals are eligible for Elevate Delaware if they are employed by an employer with under 51 employees and are subject to Delaware income tax. This change helps small employers expand by investing in workforce development and helps Delaware residents increase their earning capacity. Currently, over 83% of Delaware employers have under 51 employees. 2. States that the intent of Elevate Delaware is to preserve jobs in Delaware and for Delaware residents and that the Department of Labor may recoup payments made on behalf of individuals if either the individual or an employer acts in bad faith under the requirements of Elevate Delaware. 3. Requires that if an individual is not a resident of Delaware, the individual’s employer must intend to retain the individual as an employee for at least 1 year following completion of the eligible program and the individual must intend to work in Delaware for at least 1 year following completion of the eligible program. 4. Tuition payments are made directly to an eligible program. 5. Allows Elevate Delaware payments to be made for supplies an individual needs for the training program or employment upon completion of the program. 6. Requires the Workforce Development Board to approve non-credit certificate programs throughout the State, based upon the population of each county. 7. Takes effect for program that begin after December 31, 2021 instead of within 1 year from enactment of this Act. 8. Removes the requirement that the Joint Legislative Oversight and Sunset Committee review this Act because this review can occur without a specific requirement in this Act.

Delaware has been irreparably harmed by the opioid crisis. In 2018, 400 people died of an overdose in Delaware, and in 2019, 431 people died of an overdose. Settlements from opioid distributors, manufacturers, and pharmacies are expected to provide significant monies over a substantial period of time to Delaware. These funds are intended to address to harm caused by the opioid crisis in our communities. This Act establishes the Prescription Opioid Settlement Fund (Settlement Fund) and Prescription Opioid Distribution Commission (Commission), to ensure that settlement money is used to remediate and abate the opioid crisis and is not diverted to other purposes. The Commission is part of the Behavioral Health Consortium and is established to ensure that decisions on how to spend funds are reached through consensus driven process that takes into account the views and experience of affected communities. The Behavioral Health Consortium will distribute money received by the Settlement Fund and the Prescription Opioid Impact Fund (Impact Fund), enacted by Senate Bill No. 34 of the 150th General Assembly, according to the recommendations of the Commission. The Commission shall seek input from the public and relevant stakeholders and shall convene a Local Government Committee to ensure that recommendations from counties and municipal governments are carefully considered. The terms of settlement agreements, bankruptcy plans, or other agreements for the payment of monies by defendants in opioid-related litigation will likely include terms that establish how the money must be spent. The Commission is required to adhere to those terms. The Commission must produce an annual report regarding the receipt and disbursement of funds. This Act preserves the status quo of the existing parties to litigation while limiting the ability for new local government opioid suits to be brought, because new lawsuits could limit the size of Delaware’s recovery in global settlements that are expected to be reached. This Act repeals the sunset of the Prescription Opioid Impact Fee (Impact Fee) and Impact Fund It also repeals the report requirement for the Impact Fund because the information in that report will be included in the new report that the Commission must produce. This Act requires a greater than majority vote for passage because § 4 of Article VIII of the Delaware Constitution requires the affirmative vote of three-quarters of the members elected to each house of the General Assembly to appropriate funds to a county or municipality. This Act also requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.

The purpose of this act is to open up The Delaware Student Excellence Equals Degree Act (SEED Act) to adult Delaware residents, who are not recent high school graduates. Currently, about 56% of Delawareans age 25-64 lack a post-secondary degree. This expansion of the SEED grant program will encourage adult learners to return to school to enhance their knowledge and skills and increase their job opportunities. Adult individuals with a high school diploma or less education were significantly impacted by Covid-19-related job loss. This legislation can help to mitigate the effects of the pandemic on those adults. Tennessee has instituted a similar program called the Tennessee Reconnect Act.

This Act creates the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of housing insecure undergraduate students at any college or university in Delaware and appropriates $90,000 to the Fund for FY2022. DSHA is charged with administering the Fund and reporting to the Governor and the General Assembly how the funds are spent.