Delaware Bills

signed · Delaware · House Jul 25, 2023

HB 134: AN ACT TO AMEND TITLES 9, 10, 15, 16 AND 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF FORENSIC SCIENCE AND THE MEDICAL EXAMINER.

This is a housekeeping bill to remove outdated references to the term “coroner” in the Delaware Code. Created in 1682, the Office of the Coroner was one of the earliest elective offices in Delaware. The primary responsibility of the coroner was to investigate all cases in which a person died while in prison, was killed, died an unnatural death, or the circumstances of the death were unknown. It was also the duty of the coroner to arrest a person believed to have committed murder or manslaughter and to perform the duties of the sheriff when the sheriff was unavailable. The Office of the Coroner was abolished in 1969 and the responsibility for determining the cause of death is now the responsibility of the Medical Examiner. Today, it is outside the Medical Examiner’s scope of employment to perform many of the job duties that coroners were historically expected to do, and this bill clarifies that Medical Examiners are only responsible for investigating causes of death throughout the State under the provisions of Chapter 47 of Title 29, relating to forensic science.

signed · Delaware · House Jul 25, 2023

HB 236: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYER ASSESSMENTS.

This Act will continue for calendar year 2024 the temporary relief provided in calendar year 2023 to employers who pay unemployment tax assessments. It will continue to reduce new employer tax rates, hold constant overall employer tax rates from last calendar year, and reduce the maximum earned rate. This Act will also continue the temporary simplification of the tax rate schedules that are used to calculate unemployment assessments paid by employers. The Governor’s agreement to use federal pandemic funds to restore the pandemic-depleted Unemployment Trust Fund made the Unemployment Trust Fund sufficiently solvent and is allowing the Department to implement unemployment tax relief measures to Delaware employers for an additional one-year period for calendar year 2024. The Department estimates that these unemployment tax assessment changes will reduce the tax obligation of employers an estimated $50 million compared to the tax rates absent the temporary relief. This Act also restructures the supplemental assessment that is currently collected from all employers, keeping it at the same rate of 0.2%, but depositing it in the Special Administration Fund instead of the UI Trust Fund. This Act expands the uses for the Special Administration Fund to include future technology needs of the Department and makes technical corrections to the administration provisions of the Special Administration Fund to align with current State Treasurer practices.

signed · Delaware · House Jul 25, 2023

HB 117: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

This bill makes changes to the qualifications for professional land surveyors. This bill also makes clear that there is no civil or criminal trespass when a professional land surveyor enters upon land in the course of preparing a survey.

signed · Delaware · House Jul 25, 2023

HB 260: AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES.

This Act amends the Charter of the City of Lewes as follows. This Act modifies City contract requirements by 1) raising the aggregate contract value threshold for which competitive bidding shall not be required to $50,000 rather than the previous threshold of $25,000; 2) adding an exception to the competitive bidding requirement for certain existing contracts, which were previously competitively bid at the State or County level; and 3) adding an exception to the competitive bidding requirement for contracts made pursuant to a cooperative or joint purchasing agreement. This Act also modifies the City’s power and authority to borrow money and issue bonds or certificates of indebtedness by 1) clarifying the City’s authority to borrow money and issue bonds or certificates of indebtedness to provide funds for purchase real estate. This Act also modifies the assessment of taxes by 1) permitting the City to appoint a qualified firm to serve as the City Assessor or utilize County property assessments in lieu of appointing a City Assessor; and 2) modifies the appellate process for the assessment of taxes in certain situations. This Act also places a cap on the City’s power to collect taxes for any and all municipal purposes upon certain real property at one half of one percent (0.5%) of the full assessed value of land and improvements within the City, or $5,000,000, whichever is greater, rather than the previous cap of $3,500,000. The Act also modifies the refund of taxes and penalties for delinquent taxes. This Act also modifies the notice requirements and procedures relating to the City’s power to cause to be paved or repaved the sidewalks of said city or any part or portion thereof, to cause to be repaired or re-laid existing curbs or gutters.

signed · Delaware · Senate Jul 25, 2023

SB 137: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TOURISM ADVISORY BOARD.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Tourism Advisory Board ("Board"). First formed in 1981, the Board has served in an advisory role to the Delaware Tourism Office, Division of Small Business, and the Department of State. The Board's primary purpose is advocating for and promoting tourism in Delaware. Its duties include researching and studying matters appropriate to best support the Delaware Tourism Office functions. The Board was once heavily involved in providing the Tourism Office with advice and support. By 2013, however, the Tourism Office's need for the Board's advice and support decreased, as the Tourism Office's staffing and funding structure were improved under the Delaware Economic Development Office. Now under the Division of Small Business, the work of the Tourism Office is captured in the Division's annual report, which has not referenced the Board for at least the last 5 years. The Board's only official act since 2018 was a letter to the General Assembly to support the inclusion of short-term rentals under the State's Public Accommodations Tax. Over the last 10 years, the Tourism Office has run a successful tourism program without the advice or support of the Board, including winning prestigious industry awards, launching marketing initiatives, holding workshops to support the tourism industry, and releasing the latest Value of Tourism publication in 2019. For these reasons, and with the support of the Tourism Office, the Joint Legislative Oversight and Sunset Committee concluded that, although the Board once served an important role in tourism in Delaware, the Board is no longer meeting its statutory duties or fulfilling a state need, and that the Board should be terminated. This Act therefore terminates the Tourism Advisory Board.

signed · Delaware · Senate Jul 25, 2023

SB 136: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF THE ARTS.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware State Arts Council, and does the following: - Removes or updates outdated language. - Clarifies Council members' terms. - Updates the method for chair selection and provides that this update does not take effect until the current chair resigns or the chair position is otherwise vacant. - Clarifies quorum. - Clarifies that the Delaware Division for the Arts provides reasonable staff support to assist the Council. - Clarifies the Council's authority to create subcommittees. - Clarifies that Council members may participate in the grant review process as needed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 25, 2023

SB 1: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

This Act is a substitute for Senate Bill No. 1. Like Senate Bill No. 1, this Act creates a right to representation for tenants in evictions and other landlord-tenant actions. The disruptive displacement that accompanies eviction proceedings creates significant costs for state and local government related to shelter funding, education funding, health care provided in hospitals instead of community-based providers, transportation costs for homeless youth, and foster care. Evictions and disruptive displacement also have significant, well-documented, and long-lasting effects on the lives of individuals and families, including poorer physical and mental health, increased risk of homelessness, increased risk of employment loss, loss of personal property, damage to credit standing, and relocation into substandard housing. Further, evictions fall disproportionately on Black and Latinx families, who have also been the hardest hit by the COVID-19 crisis. Section 1 of this Act establishes a right to representation for evictions and other landlord-tenant actions for covered individuals with household incomes below 200% of the federal poverty guidelines. The Attorney General shall contract with legal services providers for the provision of representation in proceedings covered by this Act. The Right to Representation Coordinator will manage the contracts and work with community organizations to do outreach and education regarding the right to representation. Section 1 of this Act requires landlords to provide notice of the right to representation at periodic designated intervals in the tenancy and in eviction proceedings. Section 2 of this Act authorizes the creation of a residential eviction diversion program modeled after the Superior Court’s Residential Mortgage Foreclosure Mediation Program. Section 3 of this Act is a severability clause. Section 4 of this Act makes Sections 1 and 6 effective 120 days after the Act's enactment. Section 5 of this Act makes Section 2 of this Act contingent on funding. Section 6 requires the Coordinator to provide the General Assembly with a copy of the first annual report required under § 5605 of Title 25, as contained in this Act, to determine if additional funding is needed to address the fiscal impact of the Act on the Justice of the Peace Court. This Act differs from Senate Bill No. 1 as it does all of the following: (1) Removes a judicial or administrative proceeding to remedy a violation of law related to security deposit from the list of proceedings included in a covered proceeding. (2) Replaces “covered individual” with “tenant” in the provision determining a tenant’s eligibility to be a covered individual. (3) Makes clear that a covered individual’s household income is to be determined over the immediately preceding 12 months. (4) Makes clear how to determine household income for a full-time student. (5) Tabulates the list of notices provided by a landlord that trigger a covered individual’s receipt of legal representation and further clarifies the notice related to termination of a rental agreement. (6) Provides that a designated organization may decline representation if an attorney deems the covered individual’s defense to lack merit, in addition to a determination by the attorney that an appeal lacks merit. (7) Provides that a covered individual is entitled to receive legal representation as soon as practicable after the initiation of a covered proceeding, rather than just an eviction proceeding. (8) Removes the requirement that a court, at a covered individual’s first appearance in a covered proceeding, provide a covered individual with notice of the individual’s right to, and the availability of, legal representation under this Act. This notice is intended to be provided earlier by the Right to Representation Coordinator (“Coordinator”). (9) Requires that events planned for, and information distributed to, tenants also be made available to landlords and property managers. (10) Requires that the Coordinator include a full accounting of their expenditures as part of the required annual report. (11) Provides that the Coordinator is to prepare information explaining legal representation available to tenants, provides that the information is known as “informational materials”, requires the Coordinator to prepare the informational materials in English, Spanish, and Haitian Creole, and clarifies the events that require the informational materials to be provided to a tenant. (12) Clarifies the date from which actions are to be taken by the Coordinator and the Justice of the Peace Courts. (13) Makes clear that the provision of legal representation to a covered individual under Section 1 of this Act is not intended to be the sole basis for a continuance of a covered proceeding scheduled before the effective date of Section 1 of this Act for a hearing on or after the effective date of Section 1 of this Act. (14) Provides that the residential eviction diversion program includes an initial mediation conference rather than a conciliation conference. (15) Makes technical corrections, including to use the defined term “rental agreement” instead of “lease” and to insert “Delaware” before “Supreme Court” for clarity.

signed · Delaware · House Jul 25, 2023

HB 184: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO DISCRIMINATION IN EMPLOYMENT.

Delaware law expressly prohibits employment discrimination based upon surviving domestic violence, sexual assault, or stalking. Such discrimination includes: (1) failing or refusing to hire or discharging an employee because the individual was a victim of domestic violence, sexual offense, or stalking; or (2) failing or refusing to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking. Current statute requires the victim of domestic violence, sexual assault, or stalking to provide verification to their employer. This bill provides employers with the option to require verification in order to receive accommodations.

passed · Delaware · House Jul 21, 2023

HB 121: AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO THE CITY'S ABILITY TO AUTHORIZE ARTIFICIAL ENTITIES, LIMITED LIABILITY CORPORATIONS' PARTNERSHIPS AND TRUSTS TO VOTE IN MUNICIPAL ELECTIONS HELD IN SEAFORD.

This bill would allow the City of Seaford to authorize artificial entities, limited liability corporations' partnerships, and trusts to vote in Municipal elections held in Seaford following the principle of "one person/entity/one vote".

signed · Delaware · House Jul 21, 2023

HB 148: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This Act makes updates to Title 15 related to the efficient administration of elections. Section 1 requires that ballots and sufficient materials essential for the administration for each election shall be provided to each polling location on Election Day. Section 2 revises, consolidates, and clarifies the sections of the Code that address opening and preparing ballots for tabulation. Updates are made to the language to reflect the use of electronic scanning and tabulation machinery rather than written tally sheets. It also clarifies the process for creating a duplicate ballot that can be read by the machine in the event the original ballot is unreadable. For administrative efficiency, the Act extends the time when ballots may be opened and processed to begin 30 days before the election rather than the Friday before the election.Finally, instead of requiring the teams of election judges to be composed of half Democrats and half Republicans, the requirement would now be that no more than half of the members of the team may be registered with any one party. This allows independents or members of smaller parties to participate as election judges but prevents any one party from dominating a team, as a safeguard against fraud. The requirement that ballots may only be opened and processed in public meetings, with challengers present, and that the ballots at all times are securely stored is maintained. The results of the ballots are not permitted to be extracted or reported before the polls have closed on the day of the election

signed · Delaware · House Jul 21, 2023

HB 171: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every three years. Existing statutory authorization to collect fees sunsets on December 31, 2023. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2024-2026, the total fee will be comprised of a base fee, user fee, and program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2024 through 2026, at which point the authority sunsets and would need to be reauthorized.

signed · Delaware · House Jul 21, 2023

HB 161: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ENERGY EFFICIENCY INVESTMENT FUND.

This Act allows the Department of Natural Resources and Environmental Control to assist more small businesses and organizations in making energy efficiency improvements to their facilities by raising the proportion of those projects that can be funded through grants or loans by the Energy Efficiency Investment Fund. Currently, assistance is capped at 30% of the project cost up to $250,000, leaving an applicant to come up with the remaining 70% or more. This can be prohibitive for smaller entities. By raising the eligible proportion of the project cost to 60%, without changing the maximum funding, the Department can help more small businesses, local governments, and nonprofits reduce their operating costs and environmental impact.

Bill results