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in committee · Delaware · Senate Jun 28, 2022

SB 339: AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY MANAGEMENT.

This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 60 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed.
Bryant Richardson (R)
in committee · Delaware · House Jun 28, 2022

HB 489: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXATION OF PASS-THROUGH ENTITIES.

This legislation imposes a new, elective entity-level tax on the income of partnerships and S-corporations, each of which are commonly referred to as “pass-through entities” for tax purposes. Prior to this legislation, the income of a pass-through entity was subject to the personal income tax of the owner in proportion to the ownership interest in the entity. In 2017, federal tax law reduced from an unlimited amount to $10,000 the amount an individual can claim as an itemized deduction for state and local taxes paid on an individual taxpayer’s annual tax return. State and local income taxes are commonly referenced to for tax purposes as “SALT” taxes. This 2017 federal limitation on the itemized deduction for SALT taxes included state taxes paid on the income of a pass-through entity and, as a result, materially limited the federal tax benefit of state income taxes paid personally by an owner on the taxable income of a pass-through entity. Consistent with guidance from the United States Department of the Treasury and the Internal Revenue Service as published in Internal Revenue Service Notice 2020-75, 2020-49 I.R.B. 1453, this legislation will enable the pass-through entity, rather than the owners of a pass-through entity, to take a federal tax deduction for SALT taxes elected to be paid by the pass-through entity. Accordingly, this legislation, conceptually similar to legislation enacted in more than 25 other states, will mitigate the new federal limitation on the personal itemized deduction for SALT taxes that otherwise would have been paid personally by an owner on the taxable income of a pass-through entity. Generally, the approach undertaken by this legislation follows a two-step process. First, an eligible pass-through entity that elects to pay the new entity-level tax, computes and pays Delaware income tax on income taxable in the State, which income, in the absence of the election, would have been subject to Delaware income tax at the individual level for each member of the entity. All income tax elected to be paid by the pass-through entity is taxed at 8.7%. Second, the electing pass-through entity allocates modified income to its members in proportion to their ownership interest in the entity, for which allocation each member is entitled to a reduction from federal adjusted gross income for individual State income tax purposes.
Bruce C. Ennis (D) Bill Bush (D) · 2 co-sponsors
passed · Delaware · Senate Jun 28, 2022

SCR 127: ENCOURAGING THE DELAWARE JUDICIARY TO STUDY TRANSPARENCY IN THIRD-PARTY LITIGATION FUNDING.

In this Senate Concurrent Resolution, the Delaware General Assembly requests that the Delaware Judiciary study and, if appropriate, recommend revisions to courts’ rules of procedure or statutes, if needed, to implement a disclosure requirement for third-party litigation funding.
Krista Griffith (D) Stephanie Hansen (D) Sean Lynn (D) Kyle Gay (D) Bryan Townsend (D)
in committee · Delaware · Senate Jun 28, 2022

SB 338: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT.

This Act establishes the Office of Legislative Ethics for the General Assembly. The establishment of an Office of Legislative Ethics is necessary to ensure that potential violations of Delaware’s laws or allegations of conflict of interest by the members of the General Assembly are fully investigated. The Board of the Office of Legislative Ethics will be made up of five respected members of the community with expertise in law and legislative ethics who will volunteer to serve. The Office of Legislative Ethics will be headed by an Executive Director who will also serve as the lead investigator. Any member of the public will be able to file a complaint or request the Office of Legislative Ethics to commence an investigation and can do so anonymously. The Act provides for the specific procedures to be followed once the Office of Legislative Ethics receives a complaint or request for investigation. The Act further provides for certain reporting to the General Assembly on a quarterly basis. The Act also adds the Office of Legislative Ethics to Delaware’s whistleblower statute, ensuring that public employees who make a complaint to the Office of Legislative Ethics are afforded the same protections as employees reporting suspected violations to other reporting bodies. Finally, the Act removes the Office of Legislative Ethics and the Office of Legislative Ethics Board from the meaning of “public body” within Delaware’s Freedom of Information Act.
Bryan Shupe (R) Colin Bonini (R)
in committee · Delaware · House Jun 28, 2022

HB 477: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO LANDLORD OBLIGATIONS AND TENANT REMEDIES.

It is the policy of this State that meaningful sanctions be imposed upon those who allow dangerous conditions and defects to exist in leased premises and that an effective mechanism be established for repairing these conditions and halting their creation. This Act allows tenants to bring an action of rent escrow to pay rent into the court because of asserted defects or conditions. Alternatively, the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for summary possession or an action for nonpayment of rent. This Act requires the tenant to give proper notice and allow the landlord the opportunity to effect repairs. This Act requires the court to make appropriate findings of fact and to make any order that justice of the case may require, which may include termination of the lease and return of the leased premises to the landlord, order that the action for rent escrow be dismissed, order that the amount of rent be reduced in amount determined by the court to be fair and equitable, or order the landlord to make the repairs or correct the conditions complained of by the tenant.
Sherry Dorsey Walker (D) Darius Brown (D) · 2 co-sponsors
in committee · Delaware · Senate Jun 28, 2022

SB 326: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO IMPROVING LANGUAGE AND COMMUNICATION ACCESS FOR INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY OR DISABILITIES.

This Act requires certain State programs to provide semi-annual reports to the General Assembly about compliance with federal and State law and regulations that require meaningful access to services for individuals with limited English proficiency and effective communication for individuals with disabilities. This Act also requires that the Office of the Manufactured Housing Ombudsperson and the Department of Justice provide special language and communication assistance support for individuals with limited English proficiency or disabilities to understand and better participate in matters related to residential leases and evictions and home purchases and foreclosures.
Jack Walsh (D) Kim Williams (D)
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