Rep. Pete Schwartzkopf

This Substitute bill clarifies that the definition of “day” does not include Saturday, Sunday, any federal holiday, or any State legal holiday when the specified number of days is 12 or less. When the specified number of days is more than 12 days, “day” means a calendar day. If the first or last day falls on a Saturday, Sunday, federal holiday, or State holiday under § 501 of Title 1, the date shall be extended to the next business day. This Substitute bill also clarifies that the definition of “guest” or “visitor” does not include a business invitee. This Substitute bill also removes the additional wetland provision in H.B. 372 and restores the original language in this section of the title.

This is a substitute for House Bill No. 326. Non-profit hospitals are granted tax-exempt status on the premise that they serve a vital role in promoting the health and well-being of the communities they serve. Community benefit spending is a means by which hospitals fulfill this obligation. Such spending includes activities like providing uncompensated care, supporting medical research, offering health education and prevention programs, subsidizing community clinics, and addressing social determinants of health. Like House Bill No. 326, this substitute bill requires Delaware’s non-profit 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. Like House Bill No. 326, this substitute bill 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. This substitute contains provisions allowing the report to be submitted electronically to State officials on an annual basis. It differs from the original bill in that the deadline for submitting the report is changed from January 31 of each year to 30 days after a hospital files a federal Form 990. This substitute also contains technical changes to reference and accord with appropriate law and regulations, and broadens the list of information that must be included in the community benefits report.

This bill codifies that the Superior Court Veterans’ Treatment Court is a qualified rehabilitation program under § 4177D of Title 21 of the Delaware Code for persons seeking to have their driver's licenses reinstated after a DUI. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is the statutory recognition of the recommendations set forth in the June 2, 2023, report of the DEFAC Benchmark Evaluation and Review Panel. This Act builds on the State’s existing appropriation limit methodology by formalizing and maintaining the flexibility inherent in the Budget Stabilization Fund process currently enabled by Executive Order No. 21, approved on June 30, 2018, and the last 6 operating budget acts, including § 65 of the fiscal year 2024 Operating Budget Act. Acknowledging this process in statute includes defining rules for deposits to and withdrawals from the Budget Stabilization Fund and adding an objective and stable measure of sustainable budget growth through an advisory index comprised of certain State economic indicators. This Act requires that only the Governor’s recommended Budget Appropriation Bill consider this methodology and detail proposed plans, if any, deemed necessary or desirable in relation to state revenues or reserve funding.

This Act creates a 10-year program to address the lack of affordable housing in Delaware by establishing statewide limitations on the amount that rent can be increased as follows: 1. When a rental agreement is renewed, the rent increase may not exceed 5% of the previous rent unless the 36-month average annual increase of the Consumer Price Index for All Urban Consumers (CPI-U) is greater than 5%. If the 36-month CPI-U is greater than 5%, the rent may be increased by no more than 7% of the previous rent. 2. For a new rental agreement, the amount rent can be increased from the previous rent is as follows: • If the amount of the previous rent is equal to or exceeds the Fair Market Rent (FMR), the rent may not exceed the previous rent plus the amount allowed for a rent increase for the renewal of a rental agreement. • If the amount of the previous rent plus 7% of the FMR equals or exceeds the FMR, the rent may not exceed the previous rent plus the amount allowed for a rent increase for the renewal of a rental agreement. • If the amount of the previous rent plus 7% of the FMR equals less than the FMR, the rent may not exceed the previous rent plus 7% of the FMR. The limitations on the amount of rent under this Act do not apply to any of the following: • Owner-occupied structures with 2 dwelling units. • Rental agreements when the amount of a tenant's rent is governed by federal regulations or guidelines. • A rental unit that has not been subject to a rental agreement during the previous 12-month period. This Act requires that the Delaware State Housing Authority (DSHA) annually do all of the following: • Calculate and publish the 36-month CPI-U for New Castle County and for Kent and Sussex counties. • Publish the FMR for each county. • Create and publish an explanation of the limitations on the amount of rent under this Act. • Compile a report regarding the effectiveness of the limits on the amount of rent under this Act. This Act also requires that DSHA establish procedures to annually collect and analyze rental housing data in this State to measure the supply and availability of rental housing, including the amount of rent for rental units and other operating characteristics. Beginning January 1, 2026, landlords must annually provide specific data for rental units to DSHA. If a landlord refuses or fails to comply with the data reporting requirement, the penalty for the first occurrence is a warning and opportunity to comply and for subsequent violations, a civil penalty that does not exceed $150 for each occurrence. Finally, if House Bill No. 381 (152nd) is also enacted, this Act requires that Delaware Real Estate Commission’s comprehensive, statewide rights & responsibilities guide for landlords and tenants include information about requirements related to reporting rental unit data and the website where this data is published. Under existing law, this Act does not apply to leases of lots for manufactured homes under Ch. 70 of Title 25. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates the Study Group to Review and Recommend Compensatory Payments for Certain Tax-Exempt Properties Owned by the State to review and evaluate § 8318 of Title 29 and make recommendations regarding the eligibility criteria that should be used to determine which municipalities to receive compensatory payments for tax-exempt property owned by this State ("compensatory payments"), the amount that should be appropriated for compensatory payments, the formulas used to calculate compensatory payments, and how to periodically review this appropriation, eligibility criteria, and formulas no less than every 10 years.

This resolution recognizes and affirms the importance of awareness and action on the need for universally accessible housing in Delaware through pending legislation.

This Act creates a new charitable donation option on the Delaware income tax return. It allows taxpayers to direct a donation to the SL24: Unlocke the Light Foundation out of their state tax refund or in addition to the payment of owed tax. The Foundation works to educate the community to end the stigma, myths, and barriers surrounding mental health and to encourage productive conversations regarding mental health and wellness; provide uninsured and underinsured young people the means to get the critical and ongoing health services they need through the SL24 Mental Health Scholarship program; and provide access to trained Peer24 Team Members, Support Groups, and safe spaces like Sean’s House and Sean’s Rooms; The Act also removes the statutory limitation on the number of charitable funds that may be included on the income tax return.

This Act adds procedural requirements to meetings of the State Employee Benefits Committee (SEBC), revises the membership of the SEBC, and requires that the Secretary of the Department of Human Resources inform State employees and retired State employees (eligible pensioners) about changes in benefits coverages affecting eligible pensioners who are receiving or eligible to receive retirement benefits under the state employees' pension plan, including proposed changes. This Act adds the following requirements to SEBC meetings: 1. If the SEBC or a subcommittee is holding a virtual meeting, the chair or vice-chair must attend at the anchor location. 2. The chair of a subcommittee must be a voting member of the SEBC. 3. The SEBC must approve a request for proposals to select a carrier or third-party administrator for the health care insurance plan for State employees or eligible pensioners during an open meeting and that the draft request for proposals must be included with the meeting notice and agenda. 4. Adds standard language for the SEBC regarding the conduct of open meetings by public bodies, including requirements for quorum and when a member designates another individual to attend a meeting. This Act revises the membership of the SEBC by doing all of the following: 1. Removes the Delaware retiree appointed by the Governor and adds 2 members who are Delaware residents eligible to receive health care insurance under Chapter 52 of Title 29 under a pension or retirement plan. The President Pro Tem of the Senate and the Speaker of the House of Representatives each appoint 1 of these members. 2. Makes the Secretary of the Department of Human Resources a non-voting member of the Committee. 3. Changes the leadership of the SEBC so that only the Director of the Office of Management and Budget serves as chair and the vice-chair is elected annually by the members of the Committee. The vice-chair must be a voting member of the Committee and may not be a cabinet secretary or hold a position of equivalent rank in the executive branch. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as the “Delaware State Employee Benefits Committee (SEBC) Transparency and Accountability Act”.

Maddy summaryThis bill designates July 26, 2024, as "Americans with Disabilities Act Day" in Delaware to honor the anniversary of the federal civil rights law that protects people with disabilities. The resolution does not change any laws or create new regulations but serves as a symbolic gesture to raise awareness about disability rights and inclusion. It encourages the state to inform residents about the importance of equitable treatment for individuals with disabilities and reaffirms a commitment to promoting accessibility.