Delaware Bills

signed · Delaware · Senate Aug 12, 2024

SB 283: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELJIS FUND.

This Act repeals the DELJIS Fund fee imposed on criminal defendants. The elimination of this fee was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. Any outstanding balances owed for this fee shall be discharged upon the Act’s effective date. Per the Study Group’s recommendation, the Act will become effective upon the specific appropriation of General Fund monies to replace DELJIS’s full spending authority of the repealed fee.

Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Sherry Dorsey Walker (D) Dave Sokola (D)

signed · Delaware · Senate Aug 12, 2024

SB 212: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BUREAU OF HEALTH EQUITY.

Like Senate Bill No. 212, Senate Substitute No. 1 for Senate Bill No. 212 codifies the Bureau of Health Equity (BHE) in the Division of Public Health, which includes the Office of Minority Health and the Office of Women’s Health. The purpose of the BHE is to ensure that everyone in Delaware will achieve their full health potential by eliminating health disparities, particularly among all racial and ethnic minority groups. The BHE works with communities to address social determinants of health, focusing on prevention, health, and wellness in the broader population instead of treatment focused on individuals. Health disparities are preventable differences in the quality of health or health care between 2 or more groups of people based on a shared characteristic of the individuals within each group, such as race, ethnicity, or socioeconomic status and the differences between the groups regarding access to health care or burdens, prevalence, or incidence of disease or violence. Delaware has been recognized nationally for successfully reducing some health disparities, including being the first state to virtually erase racial disparities in colorectal cancer screening and treatment, by combining individual patient assistance from nurse navigators and care coordinators with community-based outreach efforts that used trusted messengers, including leaders of faith-based communities. However, 10 years after achieving this success with colorectal cancer screening and treatment, many health disparities remain in Delaware. Codifying the BHE ensures that this critical work continues. In addition, this Act identifies the Primary Care Reform Collaborative and the Office of Value-Based Health Care Delivery as state entities that the BHE should collaborate with because these entities are addressing health disparities through insurance payments to providers. This Act also makes technical corrections to § 7905 of Title 29. Senate Substitute No. 1 for Senate Bill No. 212 differs from Senate Bill No. 212 as follows: • Changes the Delaware Code designation for the BHE to § 7905B to avoid confusion with § 7905A in Chapter 79A of Title 29. • Revises the definition of “health disparity”. • Adds that a purpose of the BHE is to promote conditions that are vital to promote health and well-being. • Removes the requirement that the BHE provide training on cultural competency because this is no longer a function that the BHE has the expertise or staff to provide.

signed · Delaware · Senate Aug 9, 2024

SB 25: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX.

This bill modifies Delaware's real estate tax laws to exempt the 2% realty transfer tax on contracts for building affordable housing units. The exemption specifically applies when the construction is funded by the federal government, the state, or local counties and municipalities. By removing this tax fee, the legislation aims to lower costs for developers working on government-financed affordable housing projects. The law defines "affordable housing units" using the existing legal definition found in Title 30 of the Delaware Code.

signed · Delaware · Senate Aug 9, 2024

SB 246: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE HOUSING REPAIR AND MODIFICATION FUND.

For over 30 years, the Delaware State Housing Authority (DSHA) has invested in home repair programs that make necessary repairs to improve the health and safety conditions in the homes of Delawareans. This Act codifies a “Housing Repair and Modification Fund,” which will be administered by DSHA and serve low- and very-low income homeowners in need of home repair assistance.

signed · Delaware · Senate Aug 9, 2024

SB 245: AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO RESIDENTIAL MORTGAGE FORECLOSURE AND THE OFFICE OF FORECLOSURE PREVENTION AND FINANCIAL EDUCATION.

The Office of Foreclosure Prevention and Financial Education and the Residential Mortgage Foreclosure Mediation Program were created in the wake of the 2008 financial crisis to assist homeowners at risk of foreclosure or already navigating the foreclosure process. Originally intended as temporary programs, the need for these programs is as critical as ever for those facing the loss of their homes. The programs have proven to be important resources in preserving home ownership and educating homeowners on their rights and responsibilities in times of economic contraction and in times of economic expansion. As a result of their successes, the General Assembly has extended the programs multiple times. It is clear that the need for these programs will continue for the foreseeable future. In recognition of this reality, this Act removes the expiration dates from the programs. Senate Substitute No. 1 for Senate Bill No. 245 makes the following substantive changes: (1) It adds a requirement that the notice of intent to foreclose include the phone number for the Delaware Attorney General’s Foreclosure Hotline and the contact information for Delaware State Housing Authority’s foreclosure prevention programs. (2) The required notice of intent to foreclose now directs homeowners to U.S. Housing and Urban Development Department Certified Housing Counselors for assistance. Like Senate Bill No. 245, Senate Substitute No. 1 for Senate Bill No. 245 also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Aug 9, 2024

SB 293: AN ACT TO AMEND TITLE 6 AND TITLE 25 OF THE DELAWARE CODE RELATING TO FAIR HOUSING.

The Delaware Fair Housing Act, Chapter 46 of Title 6, and Residential Landlord-Tenant Code, Chapter 51 of Title 25, both prohibit discrimination based on source of income, which is defined as including rental payments from any government program. However, both laws also provide that a landlord's nonparticipation in a government-sponsored rental assistance, voucher, or certificate system cannot be the basis for an administrative or judicial proceeding. Like Senate Bill No. 293, Senate Substitute No. 1 for Senate Bill No. 293 revises both the Delaware Fair Housing Act and Residential Landlord-Tenant Code to repeal the exemption to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs because this exemption contributes to a lack of affordable housing in this State. There is currently a severe shortage of affordable housing for extremely low-income households in Delaware, with only 38 affordable rental units available for every 100 extremely low-income households. In addition, studies have shown that people who use government subsidies to move from high-poverty neighborhoods to communities with more opportunity have measurable health improvements and the children in these families earn more in adulthood than children who remain in high-poverty neighborhoods. Also like SB 293, SS 1 for SB 293 delays the effective date of this Act to allow the opportunity for Delaware's 5 public housing authorities (PHAs) to do all of the following: 1. Streamline their procedures associated with housing vouchers. 2. Conduct outreach and education to landlords about how this Act changes the law. This outreach will include information explaining that while the law prohibits a landlord from having a blanket policy of not accepting government assistance to pay rent, it does not require a landlord to accept all applicants who receive rental assistance, such as applicants who have a history of evictions or not paying utility bills. SS 1 for SB 293 differs from SB 93 by as follows: • Adds whereas clauses that provide an expanded explanation of current law. • Adds whereas clauses that explain the process Delaware’s 5 PHAs are undertaking to streamline the procedures required when landlords accept housing vouchers. • Requires that the Delaware State Housing Authority provide a report by March 1, 2028, that contains the status of each streamlining recommendation and data comparing the utilization of vouchers before and after the effective date of this Act. • Provides a specific effective date of January 1, 2026. • Provides a sunset date, December 31, 2028, unless repealed or extended by a subsequent act of the General Assembly.

signed · Delaware · Senate Aug 2, 2024

SB 214: AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of the Town of Millsboro to give the Town Council the authority to impose and collect a lodging tax. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.

signed · Delaware · Senate Aug 2, 2024

SB 213: AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILLVILLE RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX.

This Act amends the Charter of the Town of Millville to restore the authority of the Town Council to impose and collect a lodging tax. This authority to impose and collect a lodging tax was enacted under Senate Bill No. 162 (150th) in 2019 but was inadvertently repealed under House Bill No. 138 (151st) in 2021. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.

signed · Delaware · Senate Aug 2, 2024

SB 243: AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDENCROFT.

This Act deletes the current Charter of the Village of Ardencroft (the "Village") and replaces it with a new charter that differs in several respects. Among other changes, the Act changes the Village's governing body from the "Town Meeting" to the "Village Assembly." The Act also adds a requirement for residents to qualify as eligible voters. Under the current charter, eligible voters are persons 18 or older who have resided in the Village for a period of 30 consecutive days. The new charter provides that an "eligible voter" means a resident who is 18 years or older, and defines "resident" to mean a person who has resided in the Village for a period of 30 consecutive days and who currently resides in the Village for the majority of the calendar year. In addition, the Act clarifies that "resident" includes persons renting housing units in the village, as well as resident leaseholders. The Act decreases the minimum required number of regular meetings of the governing body from 6, under the current charter, to 4, under the new charter, and clarifies that they may be held virtually, in whole or in part, and that they are open to the public, which includes persons who are not eligible to vote. Finally, the Act removes the current charter's provisions concerning a town police force.

signed · Delaware · Senate Aug 2, 2024

SB 253: AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON RELATING TO ASSISTANT CITY SOLICITORS.

This Act amends Section 3-701 of the City of Wilmington’s Charter to provide that, with the exception of the City Solicitor, all persons appointed to serve as attorneys in the law department shall attain tenure upon 3 years of continuous satisfactory full-time service and may not be removed from their positions except for just cause. The Wilmington Charter is also being amended to provide tenure status to attorneys who have already served 3 years of continuous satisfactory full-time service.

signed · Delaware · House Aug 2, 2024

HB 313: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MAMMOGRAMS.

This Act ensures that all female inmates in DDOC custody, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force.

signed · Delaware · House Aug 2, 2024

HB 127: AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO COUNTY FIRE PROTECTION FEES.

This Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill results