Rep. Gerald L. Brady

This bill creates a new type of liquor license for beer gardens. Beer gardens are outdoor venues that operate at least 5 months, of each year and are independent of any other licensed establishment. The licensing and operation of beer gardens provides new business creation opportunities and a chance to enhance retail areas in Delaware. However, the General Assembly is also mindful of concerns that by creating a license for outdoor space, existing businesses could be affected. For this reason, the definition of a beer garden includes stringent requirements that will limit the number of establishments that could be eligible for a license issued pursuant to this Act. The biennial fee for a beer garden license is set at $2,000.

This Act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee. First, this Act adds language to establish the circumstances under which Trustees of the Delaware Agricultural Lands Preservation Foundation may be removed, using language standard to boards and commissions in this State. Second, this Act limits review of a preservation easement after 25 years of the easement's acquisition to only easements that were acquired before the enactment of this Act. Preservation easements acquired after the enactment of this Act are not subject to termination under § 917 of Title 3. Third, this Act corrects an internal reference, and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Recognizing a fundamental economic change toward businesses that require innovation, The Honorable John C. Carney, Governor of the State of Delaware, issued Executive Order One on January 18, 2017 creating a Working Group of business and government leaders to study methods to improve coordination between the public and private sectors, attract growing businesses and foster economic development throughout the State. The Governor appointed members of the Working Group representing government, business leaders and the community. The Working Group conducted public meetings in the State to receive input from the public on issues related to business development and retention in the changing economy. The Working Group considered research and input from experts in the area of public/private partnerships as well as statutes and data from other states. The Working Group issued a report to the Governor on April 7, 2017 recommending the establishment of a public/private partnership in Delaware to focus on investment attraction, entrepreneurship and innovation, talent development and retention, and research and analysis. Upon consideration of the Working Group report, the General Assembly intends to appropriate funding for the Public/Private Partnership, a nonprofit public/private partnership comprised of leaders in the public, business and the community to build a stronger entrepreneurial environment in the State. The Public/Private Partnership will focus on leveraging private resources to improve business recruitment, retention and expansion, identify and develop a talented workforce, connecting with the global economy and building a stronger entrepreneurial environment. To ensure public accountability the Partnership will submit to the Governor and the General Assembly tax returns, financial statements, organizational polices and will make available for inspection meeting minutes. To make the most efficient use of available resources, this legislation eliminates the Delaware Economic Development Office because the public/private partnership will be conducting business attraction and development functions formerly performed by that Office. This legislation transfers tourism, the Delaware Motion Picture and Television Commission and duties related to administration and the financial analysis of proposed economic development projects to the Department of State. The transfer will improve efficiency, eliminate redundancy and foster business attraction, innovation, tourism, small business development, business retention, minority, women, disadvantaged and veteran owned businesses. Sections 3 through 21 of this Act simply make conforming changes throughout Title 29 and other titles of the Delaware Code where references to the Delaware Economic Development Office appear. The Division of Small Business, Development and Tourism is referenced in its place. The bill also removes some Code Sections that reference funds and functions that no longer exist.

This Act creates the Delaware Student Entrepreneur Program Fund. The primary purposes of the Act are as follows: (1) To attract and retain high-skilled, entrepreneurs, including immigrants to the United States, that graduated from Delaware higher education institutions (2) To help fund and develop new businesses in Delaware and create job opportunities in Delaware for Delaware’s young citizens in the areas of innovation and technology that are poised to grow in the 21st century economy; (3) To attract global entrepreneurs to Delaware higher education institutions, to grow businesses, create jobs in Delaware, and provide employment opportunities for the graduates from these institutions; and (4) To support entrepreneurship and innovation in Delaware.

Delaware's Community College System, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. This Act adopts the county Vo-Tech structure to finance the Fund by authorizing the College's Board of Trustees to collect a local property tax, subject to a cap. All money raised in a county must be placed in a segregated account and spent exclusively on projects in that county; this eliminates any possibility of applying this Act in an unconstitutional manner. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Recognizing that a criminal charge can have lasting collateral consequences for a juvenile on employment and education opportunities, this bill raises the age in which a juvenile’s information, such as their name and mug shot, may be released by the state. The bill also seeks to address issues related to the release of such information on publicly-maintained social media pages. This bill seeks to balance both the rights of juveniles and the public’s right to know by saying that the names and photos of juveniles who have been charged and/or found delinquent of Class A misdemeanors, and Title 11 felonies, may only be released when the offending juvenile is 16 or older. This legislation also adds clarifying language to prevent the inadvertent release of sensitive information online that could have lasting impacts on a juvenile long after they have been charged, and in some cases, acquitted, of a crime.

This bill makes compensation a mandatory subject of bargaining for any group of employees who have joined together for purposes of collective bargaining and certified a labor organization to serve as their exclusive collective bargaining representative. The bill also eliminates any deadline for reaching an agreement pertaining to compensation.

This bill changes the number of live music events required for an entity to be a qualified “concert hall” for purposes of alcohol licensing. Previously a concert hall was required to hold at least 250 live music events per year and be open at least 5 days per week. Pursuant to this change, the 5-day requirement is eliminated and the venue must hold 250 live music events per two-year period.

This House Resolution recognizes April 28, 2017, as Workers Memorial Day.

Currently, Rockford Falls Partners, LLC owns the majority of the Bancroft Mills site in Wilmington, Delaware. Delaware’s Division of Parks and Recreation owns a smaller portion of the Bancroft Mills site that the State acquired with the intent of having it serve as an entrance, river crossing and parking area for Alapocas Run State Park. There is currently inadequate public access and parking onsite to meet recreational needs in this portion of the park.This bill authorizes DNREC to engage in a “land swap” with Rockford Falls Partners. The state will convey 1.53 acres of its land to Rockford Falls Partners, and will receive in exchange 3.92 acres of land and river bottom bordering the Brandywine Creek at the Bancroft Mills site, and an easement in perpetuity allowing vehicle, bike, and foot traffic across Rockford Falls property for purposes of accessing state park land. Rockford Falls will further agree to create and maintain a 25 space parking lot and a lawn on the State land at the park entrance, as well as installing a restroom facility and renovating an old train platform for use as a rentable pavilion in the park. This land swap was approved by the Open Space Council on December 7, 2016.