Rep. Stephanie Bolden

This Act stabilizes revenue for the Hazardous Substances Cleanup Act ("HSCA") Fund ("the Fund") by minimizing the wide swings in revenue due to oil prices changes. Under this Act, the Department of Natural Resources and Environmental Control ("the Department") is prevented from receiving a revenue windfall when oil prices rise, while minimum funding for the Brownfields Grant Program is protected when oil prices are low. The legislation ties HSCA funding to a median benchmark and authorizes the Division of Revenue to adjust the tax rate up or down for the following year to smooth the revenue stream and avoid the roller coaster effect of oil price changes. This Act caps the HSCA tax rate at 1.675% and allows the lowest rate to drop to .675%, versus the current HSCA rate of .9%. This Act sets aside a minimum of $5,000,000 annually in HSCA funds for the Brownfields Grant Program, which has leveraged private investment of 16 times the public funds expended in cleaning up polluted sites and returning them to productive use, generating jobs and tax revenue.

This bill creates regulations concerning the use, distribution and education of Benzodiazepine and Non-benzodiazepine Hypnotics. It require Practitioners to obtain consent from a minor’s parent or guardian prior to prescribing these drugs, and require pharmacist to include a cautionary statement explaining the risks associated with the long term use of these drugs.

This bill allows for small employers who have more than 5 employees to obtain a “stop loss” policy for health insurance. This will provide more options for small employers in the health insurance market. Additionally these changes bring the section into compliance with the Delaware Legislative Drafting manual.

This Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee by making amendments to the statute governing the Board of Occupational Therapy Practice to make Chapter 20 of Title 24 consistent with other Title 24 boards and delete antiquated sections that are no longer applicable, including: - Adding the duty to report conduct that constitutes grounds for discipline or inability to practice. - Removing "censure a practitioner" as an available sanction. - Removing references to temporary licenses, because the temporary license section of the statute was repealed in 2005. - Removing § 2015(c) and § 2017(c) because they are covered under the Administrative Procedures Act. - Revising the reciprocity language to address situations where a licensee holds a current license in a state that is no substantially similar to Delaware. In addition, this Act includes several amendments to conform existing law to the standards of the Delaware Legislative Drafting Manual, including deleting unnecessary words, correcting grammatical errors, and improving consistency and clarity.

The state is currently funding service providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to service providers according to the recommendations of the market study, so that by fiscal year 2021 the state would fund service providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), to improve recruitment and retention of these positions, to decrease staff turnover, and to decrease position vacancies. Along with the corresponding costs for program oversight, direct supervision of DSPs, and training, stabilizing the DSP workforce with increased pay is essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities. The bill also requires that the adequacy of the rate system be evaluated against performance measures that are commonly used to assess program quality.

As poll from 2017 revealed that 31% of people in the United States have been sexually harassed in the workplace. The United States Equal Employment Opportunity Commission released a comprehensive study of workplace harassment in the United States which concluded that between 25% and 85% of women reported having experienced sexual harassment in the workplace. However, the Commission estimated that 75% of all workplace harassment incidents go unreported. The purpose of this bill is to combat sexual harassment in the workplace and to ensure the safety and dignity of all employees in Delaware. This bill defines sexual harassment and makes employers responsible for the sexual harassment of an employee by a supervisor or by another employee when the employer knew or should have known about it and failed to take appropriate corrective action. Moreover, this bill prevents an employer from retaliating against an employee for filing a discrimination charge. This bill includes a requirement that the Department of Labor create an information sheet pertaining to sexual harassment that employers must distribute to employees. Employers having more than 50 or more employees in Delaware will be required to provide sexual harassment training to all employees and supervisory employees which must be conducted every 2 years. This bill also empowers the Department of Labor to investigate violations of this Act and gives the Department jurisdiction over all sexual harassment cases which includes an administrative process. This bill requires the Department of Labor to post the requirements in this bill on its website and perform outreach necessary to educate employers of the requirements. This bill takes effect on January 1, 2019.

This Act eliminates the ability of a court to suspend a student’s driving privileges or hunting license for truancy.

This bill mandates reporting by certain employees of broker-dealer or investment adviser firms who have a reasonable belief that financial exploitation of an eligible adult has occurred, been attempted, or will be attempted. Reporting will be to both the Investor Protection Director and the Department of Health and Social Services. It also enables broker-dealers and investment advisers to delay disbursement from an account of an eligible adult where financial exploitation is suspected. This also includes definitions of “eligible adult,” “financial exploitation” and “qualified individual” to be inserted into the Securities Act.

This Act provides county and municipal police and firefighters with the same pension burial benefit that is provided to state employees effective July 1, 2016. This Act is named for Wilmington Firefighters Captain Christopher M. Leach, Lieutenant Jerry W. Fickes, and Lieutenant Ardythe D. Hope, who lost their lives fighting a house fire on September 24, 2016.

This Act relates to police and fire pension funds created under Title 18 of the Delaware Code. The General Assembly created a special fund in the hopes of ensuring adequate pensions for affected police officers and firefighters, and their surviving spouses. This has not come to pass with regard to all pensions, however. By way of example only, the average surviving spouse in the Wilmington Police and Fire retirement plan receives a pension of only $10,080, which is $1,090 dollars below the 2012 poverty level. Moreover, there have been only five disbursements under the special fund in its 48 year history. To address this, the Act would allow for an additional manner of providing distributions from the related special fund established for Police and Fire pensions. Specifically, disbursements from the fund to be made under this Act would be biennial and structured in 3 categories. The 3 categories are based upon length of retirement and whether the eligible individual is a surviving spouse or receiving a disability pension.