Rep. Ruth Briggs King

This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual.

This bill grants authority to the Department of Health and Social Services (DHSS) to adopt regulations related to the operation of temporary staffing agencies that staff temporary nurses and other staff positions in long-term care facilities in the State and assigns oversight within DHSS to the Division of Health Care Quality. The bill requires temporary staffing agencies to (1) register annually with the Division of Health Care Quality; (2) validate the qualifications of all provided staff provided; (3) maintain records of all provided staff’s credentials, job requirements, and required immunizations; and (4) provide all such records upon request to DHSS and to the long-term care facility where the employee is placed. The bill also requires temporary staffing agencies to report annually to DHSS regarding various factors, including its employee placements, costs charged to long-term care facilities, and wages paid to temporary staff. This bill is intended to replace HB199.

This Act establishes the Delaware Agricultural Production Assistance Program. The Program will provide a subsidy of up to 30% of the premium for eligible producers’ multi-peril crop insurance premium, or whole farm revenue protection premium up to a maximum of $10.00 per acre. The subsidy would be directly paid by the Delaware Department of Agriculture to the Federal Crop Insurance Corporation on behalf of Delaware eligible producers. The Department would administer the Program. The Act requires the Department to provide an annual Report to the Chairs of the House and Senate Agriculture Committees.

This Act requires that the superintendent, school leader, or equivalent chief school officer who oversees a school or a charter school where students have single-digit proficiency in English language arts or mathematics, or both, collaborate with the Department of Education and school building-level administration to create a short-term plan to raise performance so that the school no longer has single-digit proficiency. This Act also requires the creation of a long-term plan for how to further improve student performance on State assessments and increase the school’s overall student body achievement proficiency level. This Act does not apply to a school with a plan for comprehensive support and improvement (CSI) or targeted support and improvement (TSI) under 20 U.S.C. § 6311, a school participating in a locally established entity that requires the creation of a plan to improve school performance, or a school required to a create a plan to improve school performance under any other State or federal law. Single-digit proficiency is based on the most recent State assessment data reported under § 124A of Title 14. Under this Act, a superintendent, school leader, or equivalent chief school officer must present the short-term plan and the long-term plan at a school board meeting for approval by the school board. Additionally, the superintendent, school leader, or equivalent chief school officer must provide annual updates, including any proposed changes to the plans as well as information about implementation of the plans. Any changes to the plans must be approved by the school board. The plans must be displayed on the school’s website or webpage and the Department’s website. The short-term plan and the long-term plan must be presented at a school board meeting and displayed on the school’s website or webpage by May 1. The superintendent may stop providing updates about the plans once certain State assessment performance conditions are met. If a school subsequently ceases to meet performance conditions, then the plan must be revised to incorporate strategies to improve performance. This Act also requires the Department to submit an annual report that contains information on schools with single-digit proficiency and schools with an overall student body achievement proficiency level of less than 20% but greater than single-digit proficiency in English language arts or mathematics, including data from prior years. This Act is effective immediately and shall be implemented the first August 1 after enactment of this Act.

This act requires a commercial entity that knowingly or intentionally provides pornography and other materials defined as harmful to minors to verify the age of individuals accessing the material. Civil liability and a civil penalty are imposed on commercial entities that fail to comply with verification requirements. Additionally, an internet provider or user of an interactive computer service on the internet is not subject to liability. This act is modeled after similar laws in Virginia, Utah, and Louisiana.

This Act permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers so long as it is done through a common carrier with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly.

The Constitution of the State of Delaware creates 3 branches of State Government, the Legislative, Executive, and Judiciary, each having certain delineated responsibilities or powers within a framework that limits and separates the powers of each branch from the other. The doctrine of separation of powers is a fundamental part of constitutional government. The Justices of the Delaware Supreme Court have, in quoting William Blackstone, recognized that "whenever the [legislative and executive] powers are united together, there can be no public liberty". In re Request of Governor for Advisory Opinion, 722 A. 2d 307 (1998). This Act's purpose is to require the legislative branch to reasonably restrict or confirm the executive branch in its exercise of emergency powers, thereby maintaining a balance or separation of powers between the executive and legislative branches of state government. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 180 days, good governance requires participation by the General Assembly in person or virtually to approve extensions of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly in person or virtually to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed. The time limits proposed by this Act are similar to those limits applicable to emergency regulations under the Administrative Procedures Act, 29 Del. C. § 10119. This Act shall become effective immediately upon the ending of the Governor's term of office next occurring after the enactment of this Act.

This Act establishes a residential drinking water purification system program to be administered through the Department of Health and Social Services.

This Act codifies the Motorcycle Rider Education Advisory Committee (“Committee”). The Committee must meet at least quarterly to monitor the Motorcycle Rider Education Program and assess the future needs of and recommend improvements to the Program.

This Act authorizes the Office of the Child Advocate and Office of the Investigation Coordinator to provide child victim data and information to the Office of Investigative Services during presentence investigations of defendants convicted of felony child abuse, endangering the welfare of a child or death of a child.