This legislation authorizes the Department to operate its principal office in the Dover area and an additional branch office in Sussex County.
This Act authorizes the Family Court to appoint an education decision maker for abused, dependent, neglected, and delinquent children and children in the custody of the Department of Services for Children, Youth, and Their Families under Chapter 25 of Title 13 to assist with education stability, discipline, and other education issues when a parent or guardian is unavailable or unable to make such decisions or consents to the appointment. This Act does not supplant the educational surrogate parent program under § 3132 of Title 14.
This bill expands the population of war veterans who are eligible to be awarded a high school diploma.
Section one of this Act would grant access to data from the prescription monitoring program to the Drug Overdose Fatality Review Commission, which would significantly enhance the Commission’s ability to meet its statutory duties. In addition, this section of the amendment broadens the pool of individuals from the Division of Forensic Science who may be designated as members to the Commission. This section of the amendment also clarifies the scope of records that may be compelled for production by the Commission. Sections two and three of this Act allows the Drug Overdose Fatality Review Commission to obtain and review medical records, including mental health and substance abuse records, in furtherance of its statutory duties and in compliance with Delaware’s privacy and confidentiality laws.
This Act updates the school stability law for children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) following passage of the federal Every Student Succeeds Act (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). ESSA requires Delaware to eliminate the provision “awaiting foster care placement” under § 202(c), Title 14 in accordance with the federal McKinney Vento Homeless Assistance Act by December 10, 2017, and instead create a distinct provision regarding school stability for children in the custody of DSCYF. [42 U.S.C. §§ 11431 to 11435; ESEA section 1111(g)(1)(E)(i)-(iii)), 20 U.S.C. §6311(g)(1)(E)]. This Act clarifies that children in the custody of DSCYF remain entitled to attend their school of origin if it is in their best interests to do so, or are eligible for immediate enrollment in a new school. Sections 1, 2, and 3 of this Act take effect on the effective date of final regulations published in the Register of Regulations and promulgated under authority granted by § 202A(d) of Title 14, which is created by Section 2 of this Act.
This Act provides greater clarity of language, condenses duplicative statutes and deletes statues that are irrelevant to daily operations of the Professional Licensing Section’s regulation of private security, private investigative and armored car agencies.
This Act is the result of the recommendation made by the Joint Legislative Oversight and Sunset Committee in its review of the Board of Medical Licensure and Discipline ("the Board") that the Division of Professional Regulation amend applicable statutes that are outdated and unnecessary, to provide for consistency with § 8735, Title 29 of the Delaware Code, relating to administrative procedures. Specifically, this Act permits the Board to utilize non-board member medical licensees as coinvestigators when specialties are required to opine on the disciplinary cases, as long as the co-investigator is licensed in the specialty at issue; creates administrative licensure for medical professionals who do not wish to practice medicine but serve as administrators in the state to applicants who meet all qualifications for licensure except active practice hours; removes antiquated language from Title 17 regarding hearing procedures and instead reiterates hearings are conducted pursuant to the Administrative Procedures Act; and deletes references to the removed language. Finally, this Act makes minor modifications to each of the sub-councils organized under the Board, to standardize procedures across each of the five councils. Specifically, the Act add a duty to report unprofessional conduct to Respiratory Care Practitioners, permits the Genetic Counselor Advisory Council and the Regulatory Council for Physician Assistants to waive their quarterly meeting requirement with the approval of the Board; clarifies that temporary licenses may be granted by each of the councils under the signature of the Executive Director and the council chair; and permits council members appointed to fill vacancies to serve out those vacancies, along with two three-year terms. The language submitted for this Act has not been corrected to conform the Act to the standards of the Delaware Legislative Drafting Manual.
This bill creates a new type of liquor license for beer gardens. Beer gardens are outdoor venues that operate at least 5 months, of each year and are independent of any other licensed establishment. The licensing and operation of beer gardens provides new business creation opportunities and a chance to enhance retail areas in Delaware. However, the General Assembly is also mindful of concerns that by creating a license for outdoor space, existing businesses could be affected. For this reason, the definition of a beer garden includes stringent requirements that will limit the number of establishments that could be eligible for a license issued pursuant to this Act. The biennial fee for a beer garden license is set at $2,000.
This Act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee. First, this Act adds language to establish the circumstances under which Trustees of the Delaware Agricultural Lands Preservation Foundation may be removed, using language standard to boards and commissions in this State. Second, this Act limits review of a preservation easement after 25 years of the easement's acquisition to only easements that were acquired before the enactment of this Act. Preservation easements acquired after the enactment of this Act are not subject to termination under § 917 of Title 3. Third, this Act corrects an internal reference, and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act extends the Office of Foreclosure Prevention and Automatic Residential Foreclosure Mediation Program an additional two years, from January 18, 2018 until January 18, 2020. The Office of Foreclosure Prevention and the Automatic Residential Foreclosure Mediation Program were originally scheduled to sunset on January 18, 2014, two years after their enactment. The sunset date was extended to January 18, 2018 (six years) in 2013 via 79 Del. Laws c. 27 (House Bill No. 40, as amended by Senate Amendment No. 1, 147th General Assembly).
