Sen. Harris B. McDowell

This bill allows children under the age of 18 to be transferred to the Department of Corrections only after adjudication and an imposition of a sentence of incarceration. Currently, Delaware permits juveniles charged with adult offenses to be held in default of bail in the custody of the Department of Corrections. The trend nationwide is to hold juveniles charged with adult offenses in juvenile facilities pretrial as these facilities provide educational and rehabilitative programs.

This Act draws attention to the types of discipline used in schools by capturing data about out-of-school suspensions and publishing that data, in an effort to help schools identify areas where the data regarding out-of-school suspensions indicates there is room to reduce such suspensions. This Act is meant to increase transparency, improve overall school climate, resulting in improved student outcomes. The collection and publication of this data will also help the Department of Education and community partners identify opportunities to provide greater supports to schools, students, and their families. According to data provided by the Delaware Department of Education (“DOE”), thousands of Delaware students receive out-of-school suspensions each year for minor infractions, such as being unprepared or late for class, dress code violations, and disrespectful behavior. In 2013, only 2% of out-of-school suspensions were for serious offenses such as weapons, drugs, or serious violence. Out-of-school suspensions do not address the root causes for the misbehavior, and only serve to put the students further behind in class. Furthermore, DOE data shows that, in 2013, African-American students made up only 32% of the student body, but accounted for 62% of out-of-school suspension, and students with disabilities made up 13% of the student body, but accounted for 24% of out-of-school suspensions. Federal discipline guidance, developed jointly by the U.S. Departments of Education and Justice, instructs schools to commit to regular evaluation of school discipline policies and practices, and monitor progress toward the schools’ climate and discipline goals. The federal process requires schools to collect and publicly report disaggregated student discipline data and solicit feedback from students, staff, families, and community representatives. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. This Substitute Bill makes the following changes to Senate Bill No. 85: 1. References the existing definition of "disruptive behavior" in Title 14. 2. Includes "disability" as a category for data collection. 3. Extends by 1 year the years stated in the requirements to retain the same time frames. This is necessary because this Act will be enacted in 2018, not 2017 when it was drafted. 4. Clarifies what information is required for reports and provides deadlines for the required plans and reports. 5. Clarifies that schools must develop plans and strategies with stakeholder input. 6. Clarifies content for professional development.

This Act allows the Department of Natural Resources and Environmental Control to lease historic structures on State public lands to individuals or corporate entities. The lessee would be required to renovate and maintain the structure up to the applicable National Park Service Secretary of Interior Standards, would be permitted to insure the property and are eligible for Land and Historic Resource Tax Credits. DNREC is required adopt any necessary rules and regulations to implement the Act and may require the lessee to abide by any other lease conditions or commitments, including specific expenditure requirements, which the DNREC deems advisable for the public good. This Act will ensure that DNREC has the authority to enter into curatorship agreements for historic properties in grave need of restoration. It clarifies that DNREC’s Resident Curatorship program which has operated for over a decade is not in conflict with Delaware Landlord Tenant Code and allows for private investment that will revert to the State of Delaware at the conclusion of the agreement. Currently there are four historic Delaware State Park properties available through the program to potential curators and the program has saved three historic structures through curatorship’s at Lums Pond, Cape Henlopen and Fort DuPont State Parks.

The Public Service Commission conducts an annual review of the process by which Delmarva Power obtains electricity to deliver to its customers. With 100% of supply coming from market based auctions, there has been little need to continue the Integrated Resource Plan (IRP) planning process. Under current legislation, Delmarva Power must conduct a complete IRP every two years. The IRP, while helpful in exploring possible changes in long term approaches to electric supply, is an expensive process, the cost of which is added to utility rates. This Bill extends the filing time for future IRP’s to those occasions when Delmarva Power elects to make a significant change in its source of electric supply or as the Commission may direct. This will reduce the customer costs to complete an IRP every two years, along with Commission time and effort for review.

This Act creates the Delaware Advance Scholarship Program (“Program”). The goal of this Act is to encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency. This will result in an economic benefit to the State in the form of a more diverse, well-prepared workforce that is less reliant on government support. This Act follows the Higher Education Opportunities Act of 2008, which authorizes comprehensive transition and post-secondary programs as a pathway to higher education for students with intellectual disabilities. The Program will be effective beginning in the 2018 through 2019 academic year.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2019.

This bill increases the minimum wage to be paid in this State beginning in 2018 and ending in 2021.

This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2019. Section 1 – Government Units and Senior Center $24,685,721 Section 2 – One-Times and Community Agencies $20,386,744 Section 3 – Fire Companies $6,760,542 Section 4 – Veterans Organizations $312,631 GRAND TOTAL $52,145,638

Section 1 of this Act provides that the Director of Revenue shall make tax returns available via the Internet on or before January 15 of each tax year. Section 2 of this Act clarifies that a judgment lien, as opposed to the underlying judgment, filed by the Division of Revenue continues for 20 years. This makes the statutory language consistent with applicable case law. Section 3 of this Act authorizes the Division of Revenue to enter into agreements to share information with agencies on whose behalf the Division receives and processes tax returns and payments. Section 4 of this Act provides that estimated tax payments will not be required unless the taxpayer expects to owe more than $800. Sections 5 and 6 of this Act provide that licensees who operate amusement and vending machines are not obligated to affix a license to the machines because the Division of Revenue has not issued vending machine stamps for many years because of the cost to have them printed. Section 7 of this Act provides that if any of the provisions are found to be unconstitutional, the remaining provisions will stand. Section 8 of this Act provides that Section 4 of this Act applies for tax years commending after December 31, 2017.

This Resolution honors Secretary of the Senate Bernard J. Brady by declaring June 30 to be “Bernard J. Brady Day in the Delaware State Senate.” It further thanks him for his 39 years of unequalled service to the Delaware State Senate.