Initiatives Targeting Education, Livable Delaware, Health Care and Public Safety Highlight Governor Minner’s 2008 Legislative Agenda

Dover - Governor Ruth Ann Minner’s 2008 legislative agenda lays out a number of initiatives to continue her efforts to improve education, health care, public safety and the environment in Delaware, including legislation to create a health disparities registry, expand the SEED scholarship program and promote energy efficiency.

“I look forward to continuing the successful initiatives that have improved the lives of Delawareans,” Gov. Ruth Ann Minner said. “Unfortunately, the current economic crunch is forcing us to cut costs wherever possible and will not leave much room for new programs. But we hope to continue to provide the level of services expected by the people of Delaware while also implementing some new initiatives that will not increase our current spending.”

Gov. Minner’s legislative agenda calls for passage of a health disparities registry that would collect data for the purpose of determining what health disparities exist based on race, ethnicity, language or level of education, ultimately resulting in better health care for the people of Delaware.

The Governor also supports legislation to regulate the sale of drugs by Internet pharmacies through a requirement that a physician/patient relationship exist before a prescription is obtained.

“We need to prohibit the practice of drugs being prescribed by physicians via the Internet who have not met or talked to the patient receiving the medication,” Gov. Minner said.

Gov. Minner also hopes to see passage of legislation that would create a STAR scholarship program, which would reward high-achieving students in the state’s SEED (Student Excellence Equals Degree) scholarship program to continue on to a four-year degree. SEED provides free tuition for a two-year degree through Delaware Technical and Community College or the Associate of Arts program at the University of Delaware for students who maintain at least a 2.5 GPA and stay out of trouble. The program has helped more than 1,300 students attend college. The STAR proposal is contingent upon funding through the budget process.

Gov. Minner would like to strengthen Delaware’s sex offender registry with legislation requiring all sex offenders from other states who now reside in Delaware and who were required to register in another state to register in Delaware. Currently, sex offenders from other states who were convicted before 1994 do not have to register here.

In an effort to cut energy costs and reduce consumption, Gov. Minner supports legislation promoting energy efficiency in building and development codes throughout the state. And in an effort to further protect Delaware’s environment, Gov. Minner supports legislation that will redirect transfer taxes on the sale of properties in new subdivisions outside the growth zone. The revenues from these taxes would be placed in the state’s Transportation Trust Fund, as opposed to going to a county or municipality.

Gov. Minner’s comprehensive legislative agenda also includes initiatives to:

• Implement a rating system for child care providers;

• Promote the use of solar photovoltaic systems on residences;

• Create a cap-and-trade program for carbon dioxide emissions;

• Strengthen responsibility of chemical and hazardous substance establishments;

• Permit overlay districts as planning and land use tools;

• Recognize Regional Master Planning Agreements;

• Redirect transfer taxes for new subdivisions outside the growth zone;

• Implement an electronic notarization statute;

• Create a missing persons alert system for people who are disabled, suicidal or senior citizens;

• Increase the availability of health care information to help with the selection of health care providers;

• Prevent fraud and theft of prescriptions;

• Enact open container legislation;

• Require mandatory alcohol or drug testing after fatal accidents;

• Create an Office of General Counsel;

• Audit volunteer fire companies;

• Implement curbside recycling;

• Enact transfer of development rights legislation;

• Offer domestic partner benefits for state employees;

• Ensure fair and equal treatment of Delawareans regardless of sexual orientation;

• Prohibit price-gouging;

• Require that diesel gasoline sold in the state be a 2 percent biodiesel blend; and

• End unfair lending practices.

Education

• STAR Scholarship Program. The SEED scholarship program has enabled more than 1,300 high school students to pursue an associate degree for free. Gov. Minner would like to take the SEED program to the next level with the STAR scholarship program. Senate Bill 162, sponsored by Senators Harris McDowell and Margaret Rose Henry and Representative Wagner, will allow SEED students who excel academically and stay out of trouble to receive additional college tuition through STAR, so they can earn a Bachelor’s degree. This proposal is contingent upon funding through the budget process.

• Rating System for Child Care Providers. Gov. Minner supports Senate Bill 222, sponsored by Senators Patricia Blevins, Liane Sorenson and Dori Connor and Representatives Pam Maier and Terry Schooley. This bill establishes a quality rating and improvement system for child care providers. This legislation originated from a recommendation of the Early Childhood Council and will incorporate the Delaware Stars for Early Success pilot program into the Delaware Code.

Health

• Expanding Access to Health Care Information. The increased availability of health care information will allow the residents of Delaware to make well informed decisions in selecting health care providers. Gov. Minner believes that by building an infrastructure of health care information, residents can obtain the most effective care with the best outcome for their individual needs.

• Health Disparities Registry. Gov. Minner proposes legislation that will collect data to examine any health disparities that may exist based on race, ethnicity, language or level of education. Examining this data can help ensure quality care for all Delawareans.

• Internet Pharmacies. Gov. Minner supports legislation to regulate the sale of drugs by Internet pharmacies. In protecting the residents of Delaware, it is essential that a physician patient relationship exist before a prescription is obtained. The use of physicians via the Internet, who prescribe drugs without meeting or verbally discussing a medical condition with a person, will be prohibited.

Environment

• Curbside Recycling. Gov. Minner supports House Bill 159, sponsored by Representative Robert Valihura and Senator David B. McBride. This legislation creates a foundation for a statewide recycling program and allows for local governments and private sector entities to initiate curbside recycling programs. By creating curbside programs, Delaware can reduce our reliance on landfills and help protect our natural resources.

• Solar Photovoltaic Systems. Gov. Minner proposes legislation that will ensure solar photovoltaic systems can be used throughout the state of Delaware. This legislation will prohibit the use of covenants or restrictions contained in a deed or other instrument that prevents the installation of solar photovoltaic systems. By ensuring that Delawareans can use these systems, energy can be conserved and emissions reduced.

• Energy Efficiency. Gov. Minner will propose legislation that promotes energy efficiency in building and development codes throughout Delaware. Improvements in energy efficiency have been made in recent years, and all codes should incorporate updated standards.

• Regional Greenhouse Gas Initiative. Climate change poses a great risk to the local, national and global ecosystems. Delaware is a signatory state to the Regional Greenhouse Gas Initiative, a cooperative effort on the part of 10 northeastern states to curtail carbon dioxide emissions from power plants. Gov. Minner proposes legislation that will create a cap-and-trade program for carbon dioxide emissions and provide greater incentives for the use of more efficient fuel burning technologies and renewable resources.

• Biodiesel Fuel. Gov. Minner will propose legislation requiring all diesel fuel sold in the state of Delaware to be a 2 percent biodiesel blend. Biodiesel fuel is beneficial because it burns cleaner, lowers our dependence on fossil fuels, reduces harmful emissions and supports our agricultural industry.

• Strengthening Responsibility of Chemical and Hazardous Substance Establishments. Gov. Minner supports Senate Bill 168, sponsored by Senator David B. McBride. This legislation will impose certain disclosure requirements on facilities that process chemicals or hazardous substances and are being transferred or closed. At least 30 other states have laws requiring disclosure before the transfer of a potentially hazardous facility. These controls are needed to protect the environmental safety of Delaware.

Livable Delaware

• Transfer of Development Rights. Gov. Minner will continue to support House Bill 244, sponsored by Representative Robert Valihura and Senators Bruce Ennis and Robert Venables, which encourages local municipalities to use the Transfer of Development Rights and allows for the creation of Special Development Districts. This legislation directs growth to appropriate areas, provides a means to fund infrastructure in those areas and helps to preserve open space. The use of the Transfer of Development Rights creates enhanced values for the owners of property outside the growth zone and ensures the availability of agricultural land in Delaware.

• Overlay Districts. Gov. Minner supports the passage of House Bill 306, sponsored by Representatives Richard Cathcart and Donald Blakey and Senators Bruce Ennis and Karen Peterson. Last year, the Delaware Court of Chancery provided that clarification was needed in the Delaware code as it relates to overlay districts. This legislation will ensure that overlay districts may be used as a planning and land use tools.

• Regional Master Planning Agreements. Gov. Minner wants to recognize regional master planning agreements within the Delaware Code. These agreements are currently used and are a valuable tool to address uncertain and unforeseen land use problems. Taking into consideration the complexity of development, there is an increasing role for these agreements in land use planning.

• Redirect Transfer Taxes for New Subdivisions Outside the Growth Zone. Gov. Minner supports House Substitute 1 for House Bill 111, sponsored by Senators Bruce Ennis and Patricia Blevins, which prevents local governments from collecting transfer taxes on the sale of properties in new subdivisions outside the growth zone. Under this legislation, transfer taxes formerly collected by the local government now would go to the state. This legislation encourages smart growth and discourages uncontrolled development.

Economic Development

• Electronic Notarization Statute. Governor Minner supports legislation implementing recommendations of the Delaware Information Assurance Task Force by modernizing Delaware’s notary public laws and allowing for the electronic notarization of documents. Electronic information assurance is a growing industry which, if properly developed in Delaware, may provide long term economic benefits to the state.

Public Safety

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• Missing Persons Alert. The Amber Alert system in Delaware helps protect abducted and missing children and has proven to be an effective and important notification system. Gov. Minner supports Senate Bill 227, sponsored by Senators Bruce Ennis, Karen Peterson and Dori Conner and Representative Pam Maier. This bill creates a missing persons alert system for persons with disabilities, suicidal persons and senior citizens. By creating this alert system, the safe recovery of missing persons will be greatly enhanced.

• Strengthen Sex Offender Registry. Under current Delaware law, sex offenders from other states convicted prior to 1994 who reside in Delaware do not have to register in Delaware. The law needs to change to ensure that if a sex offender was required to register in another state, then that sex offender must register in Delaware. Gov. Minner supports legislation that closes this loophole in our sex offender registry law and protects the residents of Delaware.

• Mandatory BAC or Drug Testing in Fatal Accident. Gov. Minner will introduce legislation that requires the mandatory testing of a driver in a motor vehicle accident involving a death where there is reason to believe alcohol or drugs were involved. The passage of this law will allow Delaware to receive $500,000 for impaired driving countermeasures.

• Prevent Fraud and Theft of Prescriptions. Gov. Minner proposes legislation that will require the use of tamper-resistant paper for prescriptions. The goal of this initiative is to help prevent the illegal use of controlled substances through either forgery or theft of prescriptions.

• Open Container. Gov. Minner continues to support legislation that will ban open alcohol containers in the passenger compartment of motor vehicles. House Bill 20, sponsored by Representative Nancy Wagner and Senator Margaret Rose Henry, will help protect the public from the dangers of drinking and driving. The failure to adopt this legislation will result in more than $2.7 million of federal highway funds from being used for their intended purpose. Forty states have adopted similar open container laws.

Good Government

• Domestic Partner Benefits. Gov. Minner supports Senate Bill 10, sponsored by Senator Margaret Rose Henry and Representative Helene Keeley. This legislation provides that domestic partners of employees or pensioners of the state of Delaware receive the same benefits that are provided to a spouse of a state of Delaware employee or pensioner.

• Office of General Counsel. Gov. Minner supports legislation that creates the Office of General Counsel, which will provide legal services and representation to all agencies currently represented by the civil division of the Department of Justice. The creation of an Office of General Counsel will provide a more effective system of legal representation for state agencies. The Commission on Government Reorganization and Effectiveness has previously recommended a different structure for the effective delivery of legal services to state agencies.

• Audits of Volunteer Fire Companies. Executive Order 99 required a study regarding the benefits of annual audits of volunteer fire companies. After conducting the study, the State Fire Prevention Commission found that annual audits would be beneficial. As the state provides funds to volunteer fire companies, it is appropriate that fire companies perform annual audits. Gov. Minner will support House Bill 329, sponsored by Representative Biff Lee and Senator Bruce Ennis, requiring annual audits of volunteer fire companies.

Consumer Protection

• Price-Gouging. Gov. Minner supports House Bill 262, sponsored by Representatives Helene Keeley and William Oberle and Senators Anthony DeLuca, Patricia Blevins and Harris McDowell. This legislation will prevent price gouging. Increasing prices to meet supplier costs may be necessary during an emergency. However, excessive and unjustifiable price increases that take advantage of residents in dire need should be prohibited.

• Predatory Lending. Predatory lenders target and take advantage of borrowers who cannot afford a loss in assets. Predatory lenders use deception, pressure tactics and other means that result in abusive and unfair loan terms. The poor, uneducated and elderly are the main targets of predatory lenders. Gov. Minner supports legislation to help eliminate certain unfair lending practices.

Civil Rights

• Fair and Equal Treatment Regardless of Sexual Orientation. Gov. Minner supports Senate Bill 141, sponsored by Senator David Sokola and Representative William Oberle, which prohibits discrimination based upon sexual orientation. This bill will ensure fair and equal treatment of all Delawareans.