Dover, DE – Gov. Jack Markell today signed into law a package of House bills that expand and strengthen Delaware’s Freedom of Information Act. The bills were introduced in early May and passed both chambers of the General Assembly with unanimous votes.

The new laws cover posting of meeting minutes, mailed FOIA requests, publishing of annual reports and education of FOIA coordinators.

The package represents a continuing effort to broaden government transparency and allow citizens to stay up-to-date with their state and local public agencies and more easily access public records and documents.

“In 2009, we brought the General Assembly under the FOIA umbrella, and since then we’ve routinely drafted and passed bills that expand FOIA in various ways,” said Majority Leader Valerie Longhurst, D-Bear. “This effort is ongoing and there’s always more we can do to promote the public’s right to know.”

“A transparent and open government is vital to ensure people have access to the information they deserve to fully participate in our democracy,” said Governor Markell. “We’ve made great progress in the last few years to that end, enacting in 2011 the biggest changes to the FOIA law since it took effect in 1977. This legislation supports our ongoing efforts to make state government more transparent, efficient and responsive to our citizens.”

The package signed into law today consisted of four House bills:

• House Bill 320, sponsored by Rep. Kim Williams, requires public bodies that      meet four or fewer times per year to post draft meeting minutes online within 20 working days of the end of the meeting. Currently, a group that only holds annual meetings is not required to post meeting minutes until they have been approved, which would happen a full year later.

“The idea that in 2014 meeting minutes for a public body might not be available for three, six or even 12 months is just senseless to me,” said Rep. Williams, D-Marshallton. “By posting draft minutes, we are striking a balance between keeping the public informed and giving the group time to write and review accurate minutes to be shared.”

• House Bill 321, sponsored by Rep. John Atkins, adds an educational component to Delaware’s FOIA law, requiring the Attorney General’s office to publish a manual with updated legal rulings on FOIA appeals, and hold an annual training seminar for FOIA coordinators. Senate Bill 231 in the 146th General Assembly required that every public body designate a FOIA coordinator to receive and process FOIA requests.

“I’ve heard from towns in my district and throughout Sussex County that they need guidance with FOIA,” said Rep. Atkins, D-Millsboro. “All they want to do is get it right and be consistent. Having a manual with all the information in hand will answer their questions up front and help them follow the law.”

• House Bill 322, sponsored by Rep. Quinn Johnson, D-Middletown, corrects an error from a previous FOIA bill. Passed in 2012, Senate Bill 231 removed U.S. Mail as an acceptable way to file a FOIA request. As a result, people submitting FOIA requests via mail could and have had their requests denied.

“Even in the Information Age, some people still rely on old-fashioned mail to communicate,” Rep. Johnson said. “This was a simple oversight when the previous bill was drafted, and we are correcting that by making clear that state agencies and public bodies need to accept FOIA requests sent by U.S. mail.”

• House Bill 323, sponsored by Rep. Ed. Osienski, requires that annual or      biennial reports published by various Executive Branch public bodies be      posted online on one central website. The bill also states that public bodies meet their duties to provide copies of reports to state government officials by posting the reports online and informing them of where and when it is available, thus cutting down on the cost of printing dozens of copies of reports.

“In some cases, Delaware does a great job providing information to the public, but can and should do more to make it easier for people to find that information,” said Rep. Osienski, D-Newark. “By putting all annual reports on one central website, it becomes one-stop shopping for the press and public instead of having to hunt around or call state agencies or groups.”

Lewes, DE – Cape Henlopen State Park turns 50 this year, and there will be plenty of activities to mark the milestone occasion. It is Delaware’s largest state park at 5,320 acres. The park is renowned for its five miles of beautiful ocean beaches, dynamic dune environment, stunning coastal and tidal wetland views, woodland trails, and a rich cultural and historic heritage. There is an Observation Tower (an old World War II fire control tower open to the public that features 115 steps to the top, highlighting expansive vistas. More than 1.5 million people flock to the park every year.

In fact, Cape Henlopen State Park ranked fourth in a USA Today poll of the most popular state parks. In addition to the park’s historical significance, its natural features make it stand out; including its salt marshes, maritime forest, the great dune and the endangered piping plover and other shorebirds.

Along with the popular swimming beaches and family campground, it also includes a quarter-mile long fishing pier that stretches into the Delaware Bay. The Cape’s Great Dune is one of the highest coastal points between Cape Hatteras and Cape Cod. The Seaside Nature Center houses an aquarium and a gift shop, and hosts year-round activities for all ages.

Recently, as part of the 50^th anniversary celebration, the new four-mile Gordons Pond Trail was unveiled – another link in Governor Jack Markell’s Trails and Pathways initiative. The trail, featuring an elevated boardwalk and multiple scenic overlooks, joins Delaware’s more than 160 miles of state parks trails, and is part of a nearly 15-mile regional trail loop that connects Rehoboth Beach and Lewes, and physically links the northern and southern sections of the park.

“Cape Henlopen State Park is a crown jewel of our state parks system,” said Governor Jack Markell. “The amenities offered here and the efforts to protect the natural beauty of this space highlight our collective commitment to strengthening Delaware’s quality of life and improving recreation and outdoor opportunities for residents and visitors alike. I congratulate everyone involved with Cape Henlopen State Park on all of the work done to make this a momentous occasion.”

“Cape Henlopen State Park provides unrivalled experiences and amenities that every Delawarean and visitor should enjoy. Tour Battery 519 or Fort Miles, learn about nature’s wonders around a campfire or visit the touch tank at the Seaside Nature Center. We can all take pride in our own world-renowned park.”

“Delaware State Parks is meeting a critical need in the First State,” said Delaware State Parks Director Ray Bivens. “We want every child and every resident in Delaware to be healthier and more active – and we’re working hard to make that happen.”

The area has a long and extensive history. The land was set aside by William Penn as part of the Warner Grant. In 1762, it hosted the sixth lighthouse in the colonies. Two lighthouses still stand on breakwaters visible from the park. Over the decades, the land housed a quarantine station for Philadelphia immigrants, a Life-Saving station, WWI defenses, WWII’s Fort Miles, and served as a Soviet Submarine Listening Post (SOSUS) during the Cold War. By the 1960’s, the U.S. military had no further use for the area, and it came under the purview of DNREC’s Division of Parks and Recreation in 1964.

Not only is Cape Henlopen State Park celebrating, but the Cape May-Lewes Ferry is also marking 50 years of service to Delaware’s residents and visitors. In honor of the milestone, a special fireworks presentation will be held on Sunday, June 29 at 9:15 p.m. from the Cape Henlopen State Park fishing pier. Fireworks spectators may park at the Main Beach parking lot at Cape Henlopen. The Fishing Pier will close at 6 a.m. on June 29 to allow for preparation. This special event is presented by the Cape May-Lewes Ferry, the Friends of Cape Henlopen State Park and DNREC’s Delaware State Parks. The fireworks display is being provided by Pyrotecnico.

After the fireworks, visitors can avoid the heavy traffic exiting the park by reserving a campsite at Cape Henlopen’s popular campground. As an incentive, the park is offering a 25 percent discount on camping registration for the night of Sunday, June 29. In addition, families and individuals are encouraged to take advantage of Cape Henlopen’s public programs, including a kayak eco-tour of the Delaware Breakwater at 10 a.m., June 29 or kayak and paddleboard rentals to customize a paddling trip.

Campers arriving early on Saturday, June 28 are invited to tour Battery 519 at Fort Miles, learn about nature’s wonders around a campfire or visit the touch tank at the Seaside Nature Center.

Later on this summer and fall, there will be a concert on Aug. 22, featuring Jimmy and the Parrots, and a free entrance day on October 17^th. Special park history programs are being held throughout the year as well as a guest speaker series on local history.

Information about fireworks, camping and other programs in the park is available at destateparks.com. Additional information about the many other programs is available at 302-645-6852.

Gives ex-offenders the chance to compete for Department of Correction jobs

Dover, DE – Building on efforts to address employment obstacles for ex-offenders, the Senate today passed legislation to allow the Department of Correction to hire qualified ex-offenders into a short-term job training program and give those who have paid their debt to society a better opportunity to reintegrate into our communities.

Markell highlighted the need for this legislation when he outlined his criminal justice agenda in January’s State of the State address, saying, “If there is one employer in Delaware that should be able to decide whether hiring an ex-offender makes sense, it’s the Department of Correction. But the Department is prohibited from hiring anyone with a felony record, even on a part-time basis.”

“The vast majority of offenders will return to their communities, so we have a responsibility to support our economy and improve public safety by ensuring they have an opportunity to contribute as law-abiding citizens,” said Governor Markell. “One of the best indicators of whether individuals will reoffend is whether they have a job. No employer is better positioned to evaluate their capabilities in the workforce than the Department of Correction, so it’s time we remove the hiring restriction preventing the Department from doing so.”

House Bill 264 enables the Department to offer employment for up to 6 months to ex-offenders who demonstrate exceptional job skills while enrolled in a Level 4 or Level 5 vocational program, notwithstanding any prior felony convictions. The Senate’s 20-0 vote follows unanimous passage by the House earlier this month.

“The Department of Correction approached us about this issue,” said Rep. James “J.J.” Johnson, D-New Castle, the bill’s prime sponsor. “We want people who are imprisoned to gain useful job skills that will allow them to become productive members of society once they are released, but we are blocking them from obtaining a job with the department that helped train them. To me, it makes perfect sense that the Department of Correction would have the best idea of who they should hire. I’m glad to see so many of my colleagues on both sides of the aisle support this bill.”

“This is another step in our efforts to help inmates in our correctional facilities get their lives back on track by allowing them to sharpen their job skills as casual-seasonal employees,” said Sen. Bruce Ennis, D-Smyrna, the measure’s lead Senate sponsor. “And because it’s paid for by money earned by our correctional industries, it won’t impose an additional burden on taxpayers.”

The bill represents the third of the Governor’s criminal justice priorities that will become law this year. It follows another measure to address employment discrimination against ex-offenders, House Bill 167, which the Governor signed into law last month, forbids public employers from asking job candidates to check a box on their applications if they have a criminal record.

Markell also proposed, and the General Assembly passed, sentencing reform legislation. House Bill 312 provides judicial discretion by permitting judges to impose concurrent sentences for multiple offenses. Delaware is the only state that currently forces judges, without exception, to impose consecutive sentences.

###

Dover, DE – The State Senate passed Workers’ Compensation legislation this afternoon to stop the large workers’ compensation rate increases that are burdening Delaware businesses.  HB 373 was developed by incorporating recommendations of the Delaware Workers’ Compensation Task Force over the last 18 months. It passed the House earlier this month.

Workers’ compensation rates have been a major concern for Delaware employers for a number of years.  House Bill 373 will make the system more efficient and will result in relief for Delaware businesses that have had to endure such significant premium increases over the past few years.

“I applaud the Lt. Governor’s work on this extremely important issue for Delaware’s business community,” said Governor Markell. “His leadership ensured the task force acted swiftly and effectively to address the high rates that have burdened our employers.  The bipartisan reform represents the culmination of a great deal of work, commitment and compromise by everyone involved with the task force.”

The Workers’ Compensation Task Force was created on January 30, 2013 by the Delaware General Assembly and the Governor, and charged with an expedited review of Delaware law relating to workers’ compensation, the impact that the 2007 amendments to that law had upon workers’ compensation premiums, the reasons for recent increases in workers’ compensation premiums, and whether any additional changes to statutes, regulations, or practices are required to control growth in premiums. As detailed in the task force’s prior report, Delaware’s workers’ compensation premiums had risen by calendar year 2006 to be the third most expensive in the country.

The task force delivered its first set of recommendations in May 2013 and those were consolidated into House Bill 175, which passed the Delaware House of Representatives and Delaware State Senate unanimously.  Among the provisions of House Bill 175 was one that continued the existence of the task force through June 30, 2014.  Its second set of recommendations was released with a report for the General Assembly in May 2014, and House Bill 373 was a result of those findings and suggestions.

The recommendations for House Bill 373 focused almost exclusively on medical costs, as they make up 65% to 70% of every dollar spent on workers’ compensation premiums in Delaware, and make up 100% of the increase in premiums.  The most substantial provision in this bill is a significant reduction in the reimbursements paid to health care providers for treatment of workers’ compensation patients.  The task force has revealed that reimbursements for treatment of workers’ compensation patients in Delaware has evolved to be among the highest in the country – in some cases three, four, or even five times the reimbursement for exactly the same procedure than what is allowed in other states.

Broadly, the recommendations fall into three areas:

Heightened Oversight of Insurance Carriers, including consolidating the Data Collection Committee and the Health Care Advisory Panel into a single committee and a Ratepayer Advocate to be hired and overseen by the Workers’ Compensation Oversight Panel, with staff support to be provided by the Department of Labor.

Stricter Control on Medical Costs, including directing the Workers’ Compensation Oversight Panel (WCOP) to create a new medical fee schedule, using multipliers of medical codes used by the Centers for Medicare and Medicaid Services, which results in a 33% reduction in reimbursements to health care providers for treatment of workers compensation patients, to be phased in over a three year period.  It also calls for reimbursements starting in 2017 for individual procedures to be capped at specific percentages of what the Medicare program pays for identical procedures, though it has a provision allowing the legislature to re-examine the impending Medicare caps in 2016 to determine whether they should be adjusted given the experience in 2015.  Finally, there is a  recommendation that the General Assembly (through the WCOP) monitor both the rate impact of these recommendations and their impact upon providers as the recommendations are phased in, and make statutory adjustments in the fee schedule if appropriate.

Consideration of New Rating Organization, recommending that DOI undertake a formal assessment of whether there should be a change in the rating organization used by Delaware insurance carriers, and include members of the task force who have expressed concerns about the current situation in that formal assessment.

 ###

Dover, DE – The Delaware Senate today unanimously confirmed the nomination of Karen Valihura to serve on the Delaware Supreme Court, succeeding Justice Jack B. Jacobs, who retired on June 24. Valihura will be sworn in within the next 30 days. The Governor issued this statement following the confirmation:

“Today’s vote reflects the extraordinary skill Karen has demonstrated as an accomplished member of Delaware’s legal community. Her intellect, experience, and thoughtful approach to the law make her an ideal person to help continue our state’s tradition of judicial excellence. I was proud to play a role in giving her the opportunity to apply her talents as a member of our highest court. I appreciate the Senate’s consideration and support.”

 ###