Legislative wrap-up May 16

May 17, 2024 25

Senate passed

HB 348 unanimously passed the Senate May 15. The bill, sponsored by Rep. Pete Schwartzkopf, D-Rehoboth, passed the House March 26 with 36 votes, four absent and one not voting to remove the requirement for a lifeguard at a pool exclusively serving a residential or apartment community not accessible to the general public. This legislation aligns the statutory and regulatory requirements so that the lifeguard requirement in a rental community is the same as for a single-family residential community, hotel, motel and campground.

SS 1 for SB 174 unanimously passed the Senate May 15 to add justices of the peace; commissioners in Superior Court, Family Court and Court of Common Pleas; and magistrates in Chancery to the state judicial pension plan, and amend the definition of state judiciary so that justices of the peace, commissioners and magistrates in Chancery are included.

SB 280 unanimously passed the Senate May 15 to update the Delaware Interscholastic Athletic Association executive director from an education associate-level position in the Department of Education to a director-level position in the department.

SB 281 unanimously passed the Senate May 15 to allow the Delaware Interscholastic Athletic Association executive director to make the final decision on a school transfer waiver, subject to an appeal of a three-member panel comprising board members. Shifting the final decision-making to the executive director removes duplicative steps in regard to allowing a student to play sports. The executive director must issue their decision within 15 days of receiving a waiver, and a student may appeal the decision to the appeals panel within 15 days of receiving it. The appeals panel must issue its decision within 30 days of receiving an appeal, and it may not hold a hearing on an appeal or otherwise ask questions of a student who seeks an appeal; the panel must make its decision based on the documentation the executive director used to make a decision.

House Administration Committee

HB 398 would amend the City of Seaford Charter to remove the section regarding fire department appropriations; specifically, city council’s authority to set aside or appropriate up to 10% of real estate taxes to provide for and maintain the equipment of the Seaford Volunteer Fire Department.

SB 15 unanimously passed the Senate May 14 to amend the Delaware Constitution to require each holdover cabinet member to be reconfirmed at the beginning of each term of the governor. The bill also would enshrine residency requirements for cabinet-level positions in the constitution rather than in code.

SB 16 unanimously passed the Senate May 14 to reflect the longstanding practice of setting the annual salary for members of the governor’s cabinet in the annual operating budget, while making clear the residency requirement for those positions currently in code has been moved to the Delaware Constitution by SB 15.

HB 387 would allow a state agency to weight a public works project of more than $30 million by up to 30% for a Disadvantaged Business Enterprise that is applying for a state contract.

HB 396 amends Delmar’s charter.

House Appropriations Committee

HB 280 repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the court in a forfeiture proceeding. It puts the burden of proof on the state to prove all elements of a forfeiture case by a preponderance of the evidence. The bill also prohibits the forfeiture of currency less than $500; prohibits forfeiture unless a criminal charge is brought; requires the person holding seized property to be financially responsible for all fees associated therewith in the event the property is ordered by the court to be returned; and allows a claimant property owner who substantially prevails in a forfeiture proceeding to recover reasonable attorney’s fees and costs.

HS 2 for HB 244 would directly phase in unit funding for every school or district to have an athletic trainer. A school or district with fewer than three sports teams must submit an application to the Department of Education should it wish to receive partial funding for an athletic trainer position.

House Agriculture

HB 392 would enable the Delaware Department of Agriculture, subject to the availability of funding, to reimburse eligible dairy operators for the cost of the premium to enroll in the USDA program.

House Economic Development/Banking/Insurance & Commerce Committee

SB 231 unanimously passed the Senate May 14 to establish a program to help a young person in foster or state care get a driver’s license, auto insurance and other costs.

House Education Committee

SB 259 passed the Senate May 8 with 19 votes and two absent to update and modernize the Delaware Interscholastic Athletic Association board of directors’ composition.

SB 260 passed the Senate May 8 with 19 votes and two absent to give the Delaware Interscholastic Athletic Association the authority to promulgate regulations by removing the requirements that the secretary of the Department of Education propose DIAA-related regulations and the board approve the proposed regulations. It also removes the requirement that DIAA and DOE collaborate to develop regulations.

House Gaming and Parimutuels

HB 389 provides for an annual raffle license that will allow for the holding of up to 20 raffle events a year. If obtained, the organization must provide notice to the gaming board at least seven days prior to any raffle event but does not have to include details of the prizes or values in the notice.

House Health & Human Development Committee

HB 388 updates the Clean Indoor Air Act to include the burning of marijuana or the use of marijuana in an electronic smoking device as a prohibited activity in all the same locations where smoking a tobacco product or using an electronic smoking device are prohibited.

House Housing Committee

SB 22 passed the Senate May 9 with 20 votes and one not voting to create new state incentives to help spur workforce housing development. Modeled on the Delaware State Housing Authority’s Downtown Development District Program, the new Delaware Workforce Housing Program would offer grants of up to 20% of the construction costs for qualified housing projects largely centered in and around high-density population areas.

House Judiciary Committee

HB 445 would prohibit law enforcement and courts from requesting, issuing or enforcing reverse-keyword court orders and reverse-keyword requests. It also creates a private right of action for an individual whose personal information was obtained in violation of this act and requires the suppression of evidence derived from an unlawful or reverse-keyword search.

HB 405 would remove the requirement that a juvenile can only be referred to the Juvenile Offender Civil Citation Program a second or subsequent time if the juvenile’s prior referral was for a different offense than the second referral, allowing a juvenile to be referred for the same offense if the juvenile is otherwise qualified.

HB 391 would repeal three fees that currently fund videophone systems used by state and local agencies; personnel, equipment and training expenses related to judicial branch security; and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group, which also recommended replacement of lost revenue for affected agencies as needed with general funds.

House Labor Committee

SB 239 with SA 1 unanimously passed the Senate May 14 to remove the five-year term limit imposed upon hearing officers appointed by the secretary of the Department of Labor. It also removes the political party affiliation rule when considering new candidates that held that the number of officers from one major political party shall not exceed a majority of one. The act removes references to reappointments and clarifies that the removal of a hearing officer is made consistent with the state merit rules.

House Revenue & Finance Committee

HB 343 with HA 1 would reduce the state’s rate of realty transfer tax by 0.25% per year for four years, for residential property conveyances having a property value less than $500,000, and for commercial property conveyances having a property value less than $1,000,000, starting Jan. 1, 2025. After Jan. 1, 2028, the state’s realty transfer tax rate will be the same rate as it was prior to August 1, 2017, for these conveyances.

House Sunset Committee

HB 394 renames the Delaware Health Resources Board to the Delaware Health Resources Advisory Board.

HB 393 establishes timelines for when the Department of Health and Social Services must begin an investigation after receiving a report concerning an allegation of abuse, neglect or exploitation of an adult who is impaired or incapacitated, and establishes the department’s responsibility to conduct ongoing training programs for relevant staff.

House Transportation Committee

HB 397 would allow the Department of Transportation to obtain fee-simple ownership of land encumbered by right-of-ways, previously conveyed to the department by permanent easement, when such right-of-ways are part of a current department project.

Senate Banking, Business, Insurance & Technology

SB 302 would allow a licensed brewery-pub located within the premises of a public golf course to apply to the commissioner for a license to sell alcoholic beverages to patrons of the golf course if the brewery-pub and public golf course share common ownership.

Senate Education Committee

HB 354 with HA 1 passed the House with 39 votes and two absent May 14 to give the dependent children of active military members, full-time Delaware National Guard members, and active-duty members of a reserve component of the U.S. military priority in choice and charter enrollment.

HB 332 passed the House with 39 votes and two absent May 14 to codify a teacher academy pathways program that prepares students for careers in elementary and secondary education, and would require the Department of Education to update and revise statewide standards and guidelines for teacher academies and provide technical assistance to local education agencies to meet those standards and guidelines. This act further requires that teacher academies offer value-added credits to students who have completed the credits required by the initial program of study, and work-based immersion options.

HB 200 with HA 1 passed the House with 39 votes and two absent May 9 to establish a mental health services unit for Delaware high schools. The unit is phased in over three years, beginning in FY 2024, to arrive at a final ratio of 250 full-time equivalent students in grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full-time equivalent students for grades 9-12 for employment of a full-time school psychologist.

Senate Elections & Government Affairs

HB 254 with HA 1 unanimously passed the House May 14 to amend the charter of the Town of Millville.

SB 286 codifies the Delaware Hispanic Commission.

HS 1 for HB 316 with HA 1 and HA 2 passed the House May 9 by 37 votes with two not voting and two absent to create a new election crime “use of deep fake technology to influence an election.” Under this statute, it would be a crime to distribute within 90 days of an election an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating, “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a Class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a Class A misdemeanor, or if it is a repeat offense within five years, in which case it is a Class E felony. All offenses under this section are heard in Superior Court.

SB 299 addresses notice and bidding requirements for state contracts to $5,000.

Senate Environment, Energy & Transportation Committee

HB 349 passed the House with 38 votes and three absent May 14 to codify that the Superior Court Veterans’ Treatment Court is a qualified rehabilitation program for persons seeking to have their driver’s licenses reinstated after a DUI.

HB 351 with HA 3 and HA 4 passed the House May 14 by a 24-14 vote with three absent to create requirements for the towing and storage of vehicles without the consent of the owner or operator. Photographic evidence must be taken to document the unauthorized parking of a vehicle before it can be towed. Tow companies and storage facilities must publicly display their rates. Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county. A maximum total towing and storage rate of $500 is imposed. Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee. Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m., five days a week, and tow companies must make reasonable accommodations to redeem vehicles after hours. Individuals must be allowed to retrieve at no cost personal belongings from vehicles held in storage. Tow companies and storage facilities must accept credit cards. Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle. Tow companies are liable for property damage sustained due to a non-consensual tow or storage. Tow companies may not patrol for illegally parked cars. Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.

Senate Executive Committee

SB 78 would exempt from school property taxes real estate owned by Todmorden Foundation and used for the purposes of affordable housing.

SB 303 is the first leg of a constitutional amendment to establish the right to hunt and fish in Delaware. The act specifically acknowledges Delaware’s valued natural heritage of hunting, fishing and trapping, and declares hunting, fishing and trapping as the preferred methods of managing and controlling wildlife in the state.

Senate Finance Committee

SB 12 protects both defendants’ due process rights and public safety by establishing the list of circumstances for which defendants may be detained pretrial without the opportunity for release and providing adequate due process protections for detention-eligible defendants. This act protects public safety by permitting courts to detain a defendant who is charged with an enumerated felony offense where no condition or combination of conditions of bail will reasonably assure a defendant’s appearance in court or the safety of a witness, a victim, or the community.

Senate Health & Social Services

SB 300 would require crisis pregnancy centers in this state to provide notice if the center is not licensed by this state as a medical facility and does not have a licensed medical provider who provides or directly supervises, in person, the provision of services.

HS1 for HB 326 passed the House May 9 with 38 votes and three absent to require Delaware’s nonprofit hospitals to provide the state and public with an annual report outlining their community benefits spending, bringing Delaware in line with 31 other states, including all of Delaware’s neighboring states, that require reporting. This act defines “community benefits program,” outlines the minimum contents that must be included in a community benefits activity report, and requires that the report be made available to the public and be submitted by Jan. 31 of each year to multiple state entities.

SB 301 requires public universities in this state to provide access to medication for the termination of pregnancy and emergency contraception. The medication and contraception must be provided on-site, but consultation to provide them may be performed by a provider at the student health center, through telehealth services, or by a provider who is associated with a university-contracted external agency.

Senate Housing and Land Use

HB 363 passed the House May 14 with a 34-2 with two absent to require a landlord who provides a dwelling place to a person as part of their employment compensation to provide them with a disclosure form advising them of the conditions and requirements for occupancy and vacancy of the premises once they are no longer employed by the landlord. The disclosure must inform the tenant employee that the landlord must offer the tenant, within 5 business days of termination by the employer, the opportunity to enter into a written rental agreement, if no rental agreement is in effect already. No offer for a rental agreement is necessary if the tenant employee is terminated for cause. The landlord may condition the rental agreement on the person financially qualifying as a tenant and meeting the landlord’s income, credit, or other financial requirements for renting the unit. This Act also lengthens the time period the landlord must wait before bringing a summary possession action against a formerly employed tenant from 15 days to 30 days unless the termination is for cause.

Senate Judiciary Committee

SS 1 for SB 228 would change the definition of “copycat weapon” so that small-caliber rimfire pistols which are primarily or solely used in competitive target shooting are not made unlawful to purchase, own, possess, or transfer.