Rep. Mara Gorman

This Resolution urges the Delaware River and Bay Authority to scrutinize existing contracts and any future contracts with Avelo Airlines and other businesses that enter into contracts with US Immigration and Customs Enforcement to fly detainees without proper due process protections.

This Act disqualifies commercial airlines from receiving the aviation jet fuel tax exemption for economic development if they transport ICE detainees for deportation without meeting standards regarding presentation of judicial warrants and due process. This Act takes effect 30 days after its enactment into law.

Pay range transparency empowers job applicants with crucial information to negotiate salaries and make informed career decisions. It also encourages businesses to proactively review compensation practices, address unjustified pay disparities, and strengthen their ability to attract and retain top talent. This Act requires that employers include salary or wage range information and a general description of benefits in all postings for job opportunities, and ensures that applicants have access to that information prior to any offer or discussion of compensation. Employers are required to maintain records relating to job descriptions and wage rates for employees for at least 3 years. The Department of Labor may bring an administrative action to enforce the pay transparency provision. This Act does not apply to employers with 25 or fewer employees. The Act takes effect 2 years after its enactment. House Substitute No. 2 to House Bill No. 105 differs from House Substitute No. 1 to House Bill No. 105 as follows: It provides that where a job opportunity is covered by a collective bargaining agreement (CBA), the compensation or compensation range disclosed in a notification should be one that has been agreed upon for disclosure in the CBA itself. It provides that the pay transparency provision becomes applicable to postings for opportunities covered by a CBA only when the CBA is amended, modified, or renewed after the effective date of the Act, to give the parties opportunity to consider the disclosed range in the course of negotiating a CBA. It provides that an employer is not liable for job postings that are digitally replicated and published without the employer’s consent. It specifies that the pay transparency provisions in this section apply to Delaware-based jobs or non-international remote positions offered by an employer based in Delaware. It makes the record preservation requirement consistent with § 907 of Title 19.

This Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems. This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs. Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs. There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues. Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines. Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S. Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029. By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water. This Act takes effect 90 days after its enactment into law.

As a part of Delaware’s commemoration of Delaware’s 250th anniversary of Separation Day and America’s semiquincentennial, this Act establishes a new background special license plate that will be made available to those Delawareans wishing to honor and appropriately remember this special time in our State’s history. A background special license plate supports a cause and is available for purchase by the public at large. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.

This Act adopts the Uniform Public Expression Protection Act ("the Act") authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2020 and has been adopted in 10 states, including New Jersey and Pennsylvania, and is currently pending in 10 states. The Act protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation. Specifically, the Act combats the problem of strategic lawsuits against public participation, also called “SLAPPs.” A SLAPP may come in the form of a defamation, invasion of privacy, nuisance, or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities. While Delaware has an “anti-SLAPP” law (see §§ 8136 through 8138 of Title 10 of the Delaware Code), the law received a score of “D-” from the Institute for Free Speech due to limited types of speech it protects and lack of basic protections provided by the Act.

This Act establishes the following principles in regards to public library material: (1) Library material is provided for the interest, information, and enlightenment of all persons the library serves; (2) Library material should not be excluded, removed, or prohibited from a catalogue because of the origin, background, or views of a persons who created the material; (3) Material should not be excluded, removed, or prohibited from a library because of partisan, ideological, or religious disapproval. This Act requires that public libraries adopt a library collection development policy consistent with the foregoing principles. The written policy must include the policy and procedure that libraries will follow when receiving and reviewing objections to library material. It further requires that all library material that is under review due to an objection must remain available for use by library patrons until the review process is concluded. It also prohibits the governing body of a library from suspending, disciplining, or otherwise retaliating against an employee of a library that acts in accordance with the State principles and media content policy. This Act also creates similar requirements for school libraries and requires that public schools create policies and procedures for reviewing objections to school library material that conform to the established collection development policy for school libraries. Within these policies and procedures, school libraries must include: (1) a uniform process to submit an objection to material in a school library; (2) a requirement that material under review due to an objection remain available for use by students and school personnel until the review process is concluded; and (3) a reasonable timeline to conduct and conclude the review process. An appeal of a decision determining whether school library material may remain in the school library may be made to the board of the local education agency. A final appeal from the decision of the board of the local education agency may be made to a School Library Review Committee, which is made up of the following individuals or the individual’s designee: (1) The President of the School Chiefs’ Association. (2) The State Librarian. (3) The Secretary of the Department of Education. (4) The President of the Delaware State Education Association. (5) The President of the Association of School Administrators. (6) The President of the Delaware Association of School Librarians. (7) The President of the Delaware Library Association.

Delaware currently permits the nonprobate transfer of bank accounts, investments, and vehicles. This Act provides a mechanism for the nonprobate transfer of real estate without requiring the creation of a revocable trust. This is done by permitting an owner of an interest in real estate to execute and record a transfer on death (“TOD”) deed designating a beneficiary who will automatically receive the real estate on the owner's death. During the owner's lifetime the beneficiary of a TOD deed has no interest in the real estate and the owner retains full power to transfer or encumber the real estate or to revoke the TOD deed. This Act is a Substitute for House Bill No. 147. Like House Bill No. 147, this Act adopts the Uniform Real Property Transfer on Death Act authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Uniform Real Property Transfer on Death Act has been enacted in 19 states (including Virginia), the District of Columbia, and the U.S. Virgin Islands, and a substantially similar law has been enacted in 10 additional states. The Uniform Real Property Transfer on Death Act is pending before 6 state legislatures (including New Jersey and Maryland). In adopting the Uniform Real Property Transfer on Death Act, this Act, like House Bill No. 147, also makes the following changes to the uniform law and Delaware law: (1) Provides clarity that a transfer on death deed controls over any contrary instruction in a will to transfer the same real property. (2) Provides in the optional forms included in this Act, which may be used to create a transfer on death deed or revoke a transfer on death deed, that a transferor is a grantor and a beneficiary is a grantee. This change is made to assist the Recorders of Deeds in integrating the forms in their computerized databases. (3) Authorizes the Registers of Wills to adopt a form to be used by a beneficiary to provide notice of the death of a person whose real property has transferred to the beneficiary by a transfer on death deed. (4) Authorizes a beneficiary to file with a Register of Wills the death certificate of a person whose real property has transferred to the beneficiary by a transfer on death deed. (5) Makes abundantly clear that which is already permitted under the law of this State, that a person may obtain from the Office of Vital Statistics a death certificate to establish their legal right to real property and may disclose that death certificate to a Register of Wills to prove the person’s legal right to real property. This Act differs from House Bill No. 147 as follows: (1) By providing that an owner of real property may transfer the property only to an individual. (2) By making clear that a transfer on death deed, including all signatures required to execute a transfer on death deed, must be notarized. (3) By requiring a transfer on death deed be witnessed by 2 individuals, at least 1 of whom must not be a beneficiary. (4) By requiring a revocation of a transfer on death deed be witnessed by 2 individuals and making a conforming change to the optional form. (5) By making changes to the optional transfer on death deed form in this Act to do the following: a. Making clear a mailing address is required for a beneficiary. b. Making clear on the deed how the deed may be revoked. c. Bolding the acknowledgement related to the effect a transfer on death deed has on a contrary instruction in a will and rewriting this acknowledgement in plainer language. An owner’s transfer of real property to a beneficiary by a transfer on death deed controls over a contrary instruction in a will that is prepared before or after the transfer on death deed. d. Requiring printed names and signatures for owners and witnesses and updating the form to make clear 2 witnesses are required. (6) By making clear that the Court of Chancery has jurisdiction over challenges to the validity or revocation of a transfer on death deed. (7) By relocating Section 5 of this Act to another chapter in the Insurance Code and making other changes to conform the language to existing law.

This Act updates the Right to Representation statute by moving certain duties to the office of the State Courts Administrator and clarifies terminology used within the statute.

This Act updates the procedures governing the transfer of a manufactured home located in a manufactured home community in order to provide a clearer process and reduce ambiguities that allowed some community owners to prevent the transfer of a lease or a home as well as prevent family members from inheriting the investment made by a deceased family member in a home. This Substitute differs from the original bill to make changes to reflect discussions among the stakeholders, including: - Moves the procedure for inspecting a home prior to transfer from the transfer section to the section that governs the rules for standards for retaining a transferred home in a community. - Creates a 2-step process for the sale or transfer of a home where the homeowner notifies the community owner prior to listing the home, at which time the community owner may conduct an inspection, and a second notification for the sale of the home which triggers the right of first refusal in which the community owner can then purchase the home. - Significantly reducing the time a buyer has to complete repairs. - Clarifies that the notice of non-renewal of a lease by a tenant 60 days prior to the end of a lease term is only for moving the home off of the lot, and selling of the home is governed by § 7013. - Clarifies requirements on lease transfers to heirs and adds limitations for how long the transfers take place depending on whether a previous occupant continues to live in the home after the death of the prior owner. - Clarifies the portions of the tenancy application that must be completed in different situations when a home is inherited. - Clarifies how long an estate has until appropriate action has to be taken. - Removed the requirement that a community owner purchase the home if the buyer’s tenancy application is denied. - Changes the minimum amount that a community owner must offer to a homeowner to prevent the ability of a lease to be transferred in the future to the greater of $1,500 or 36 months of the difference between the current monthly rent and market monthly rent. - Adds a requirement that a seller must disclose to a buyer information about the lease transfer and that a community owner must disclose the rental amount to a prospective buyer. - Makes it clear that a homeowner has to comply with § 7013(c) for the lease to transfer. - Removes a provision in § 7016 that would no longer apply under the changes to § 7013. - Extends the time that a community owner may purchase the ability to transfer the lease up to the time the homeowner provides notice of intent to sell.