Rep. Kendra Johnson

In order to lower the cost of energy and accelerate the adoption of community-based solar photovoltaic systems in the State, this bill eliminates current barriers to such systems and sets up a regulatory process to be implemented by the Public Service Commission with consumer protection provided by the Department of Justice. More specifically, this bill: 1. Allows for multiple types of ownership models, defined as “community-owned energy generating facilities," to exist and compete in the marketplace; 2. Increases the maximum size of these systems to 4 megawatts (MW); 3. Eliminates the requirement that all customers of a system must be located on the same distribution feeder; 4. Eliminates the requirement that all customers of a system must be identified before the system can be built; 5. Provides for the regulation of these systems by the Public Service Commission and sets forth the fee and requirements for a Certificate to Operate; 6. Provides compensation to the system owner for 10% or less of unsubscribed energy; 7. Requires each system owner to certify that it serves at least 15% low income customers; and 8. Provides that the Public Service Commission will engage in rule-making in consultation with the Consumer Protection Unit of the Delaware Department of Justice and promulgate rules and regulations by March 11, 2022.

This bill creates a special license plate for Autism Awareness and Acceptance.

Senate Bill No. 78 enhances the qualifications for an individual to serve as a member of a school board or the State Board of Education. Specifically, this Act does all of the following: 1. Requires a prospective member of a school district board or State Board of Education to undergo the background check for child-serving entities and provides authority for the State Bureau of Identification to provide the required background check information to the appropriate entities. 2. Provides that background check information provided under this Act is not a public record under the Delaware Freedom of Information Act. 3. Requires that the Commissioner of Elections determine that an individual does not have any disqualifying convictions before the individual can be a candidate for election to a school board. 4. Requires the suspension of a member of a school board or the State Board of Education if the member is charged with a crime that would disqualify the individual from holding the position if convicted. 5. Requires the suspension of a charter school board member who is charged with a disqualifying offense. Existing law requires potential charter school board members to undergo and pass a criminal background check to serve as a charter school board member. 6. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The disqualifying convictions under Senate Bill No. 78 are similar to those that cause an educator to lose their license or certificate and the additional qualifications do not apply to current school board members until the expiration of the member’s current term, unless the member is charged with a disqualifying crime while serving. Senate Substitute No. 1 for Senate Bill No. 78 differs from Senate Bill No. 78 as follows: 1. Automatically suspends a member of the State Board of Education or a vocational-technical school district board if the member is charged with a disqualifying crime instead of requiring the Governor to suspend the member. 2. Imposes a 10-year period of ineligibility, instead of a lifetime bar, for someone convicted of a violent felony. 3. Removes the section making this Act effective immediately because legislation is always effective immediately, unless otherwise provided, so that section is unnecessary. Senate Substitute No. 2 for Senate Bill No. 78 differs from Senate Substitute No. 1 for Senate Bill No. 78 and Senate Bill No. 78 as follows: 1. Changes the permanent disqualification of an individual convicted of a felony offense against public administration to a 10-year disqualification like other felonies. 2. Requires a candidate for election to a school board to have requested the background checks by the deadline to file notice of candidacy but provides the State Bureau of Identification and the Department of Services for Children, Youth and Their Families with 15 days to provide the results of the background checks. 3. Revises § 309 to Title 31 so that background check reports required under this Act are provided to the proper entities and makes additional revisions to § 309 to Title 31 for internal consistency within the statute and for consistency with other provisions of this Act.

If a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials.

This Act corrects several technical and typographic errors in the Delaware Common Interest Ownership Act (the “DUCIOA”) and makes a number of non-controversial changes agreed upon by the Common Interest Community Advisory Council and representatives of builders, real estate sales professionals, association managers, and owners. Section 1. This section amends Section 2246 to correct the inadvertent omission of “not” in the Unit Property Act clarifying that exclusively nonresidential condominiums are not required to maintain a repair and replace reserve. Section 2. This section amends Section 81-116(a) to clarify the original intent of the DUCIOA, which exempts nonresidential common interest communities. Section 3. This section amends Section 81-119 by adding five sections of the DUCIOA to apply to pre-existing communities through section 81-119 as follows: §81-217 (i): consent of holders of security interest are deemed to have granted approval of amendments to the declaration if they do not refuse consent in writing after notice. §81-306: Bylaws. §81-308A: executive board meetings are open to members after the period of declarant control. §81-310: voting proxies and voting by ballot without a meeting permitted. §81-314: surplus funds remaining after payment of expenses and prepayment of reserves, returned to owners. This section also clarifies that a conflict between a preexisting document and DUCIOA in any common interest community is resolved in favor of the preexisting documents, whereas the prior language specified application only to condominium and cooperatives. Section 4. This section amends Section 81-217(i) to clarify a common ownership community’s ability to amend its governing documents. Section 5. This section amends Section 81-217(m) to add a new subsection which allows Declarants or the Council to correct typographical errors efficiently and easily, by deeming consent to amendments by security interest holders after notice. It follows the procedures in the DUCIOA for obtaining lenders’ consent to actions and amendments to apply to existing common interest communities. Section 6. This section amends Section 81-303(a) to clarify that under Delaware corporate law there is no distinction between the duties of a director or officer of a for-profit corporation and those of a director or officer of a non-profit corporation. Section 7. This section amends Section 81-303(c) to allow termination of the period of declarant control as permitted in the declaration. Section 8. This section amends Section 81-310(a) to expand the options and methods for owner voting. Section 9. This section amends Section 81-316(h) to add language that allows a community to charge a reasonable fee to provide required certifications regarding the community and limits the liability of a voluntary association for inadvertent errors. Section 10. This section amends Section 81-316(j)(1) to add a comma to correct a typographical error in the existing statute. It clarifies that mortgages can be foreclosed upon by law processes, equity processes, or as provided in the governing documents. Section 11. This section amends Section 81-318(e) to add language that clarifies the right of the association to charge a fee, in advance, to the unit owner when the unit owner has requested conversion, inspection, or copying of association records. Section 12. This section amends Section 81-324(a) to add language that clarifies that voting at a budget meeting may be by proxy as well as in person. Section 13 This section amends Section 81-408(a). Currently, the DUCIOA limits the right to cancel for failure to supply a public offering statement to purchasers of condominiums and cooperatives. Changes to this section conform subsection (a) to UCIOA and clarify the date for cancelation of purchase contracts. Section 14. This section amends Section 81-409(b) to limit the liability of the Association for inaccurate information provided by the property manager in fulfillment of the requirement to provide information to complete a resale certificate. In the alternative, it declares providing false information is a per se violation of the Consumer Fraud Act, which allows a private right of action to recover damages and punitive damages against “merchant” sellers.

This Act relates to the police and fire pension fund provisions of Chapter 7, Title 18 of the Delaware Code. The Act clarifies that an eligible retiree must be alive on July 1 of each biennial payout year in order to receive the payment provided for in Section 708 of Chapter 7.

This Act allows the parent or guardian of a military-connected student to preliminarily enroll the student by remote registration in a school district where the parent or guardian is in the active military of the United States or in full-time status during active service with a force of the Delaware National Guard, if the parent or guardian is being transferred to Delaware under military orders and is transferred to or is pending transfer to a military installation within Delaware.

This Act represents the consensus agreement among the Department of Safety and Homeland Security, the Department of Transportation, and stakeholders to provide the public with access to de-identified accident data. Access to the crash history of intersections will enable the public to weigh in on development discussions and roadway projects. This Act also clarifies when accident reports may be released and the purposes for which accident reports can be used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee and this Act codifies the existing practice of allowing a state law-enforcement agency to charge a reasonable fee for a copy of an accident report.

This Senate Joint Resolution creates a one-time, Toll Violation Amnesty Program (Amnesty Program) to provide a 3 month long opportunity for people to satisfy toll debt that is in collection from toll violations that occurred on I-95 and SR 1. The Amnesty Program will collect funds that the State would probably otherwise never receive. Each year, the Department of Transportation collects over $190 million from over 70,600,000 toll transactions on I-95 and SR 1. However, Delaware is owed over $143.4 million in toll debt from unpaid tolls, penalties, and fees from toll violations on these highways. The most recent 3-year average collection rate of toll debt is 8.4%. In addition, financial incentives can increase the voluntary payment of fines and high administrative fees and financial costs have a disparate impact on people who are poor and can discourage people from making payments towards their toll debt. Under state law, each toll violation results in an administrative fee of $25.00; a civil penalty of $25.00; and for violations that occurred after January 31, 2017, a $10.00 fee for the Volunteer Ambulance Company Fund and a $15.00 fee for the Fund to Combat Violent Crimes. In addition, a civil penalty surcharge of $12.50 is added for each toll violation that remains unpaid after 42 days. Thus, a driver who fails to pay a $1.00 toll is initially assessed $51.00 in toll debt, which increases to $88.50 if it is not paid within an additional 42 days. The Amnesty Program is structured to collect at least as much revenue as Delaware collects annually in toll debt that is in collections. Toll violations that occurred on I-95 and SR 1 between January 1, 2014 through April 30, 2020 are eligible for the Amnesty Program and notice of the Amnesty Program will be provided to each person with eligible toll debt. The Amnesty Program will operate for 3 months. The Amnesty Program will not apply retroactively. To satisfy toll debt under the Amnesty Program, a person must pay the full amount of the tolls owed and an amnesty fee. The amnesty fee reduces the amount due from fees and penalties and is established under this Senate Joint Resolution in amounts based upon the number of toll violations included in the toll debt. For example, a person with 9 toll violations can satisfy their $796.50 toll debt by paying $69.00 and a person with 496 toll violations can satisfy their $43,896.00 toll debt by paying $1,306.00. Instead of a flat fee per violation, the Volunteer Ambulance Company Fund and the Fund to Combat Violent Crimes will each receive a portion of each amnesty fee that is collected during the Amnesty Program, and it is anticipated that each fund will receive a total payment that is equal to or greater than the amount these funds would anticipate receiving through the regular collections process.

This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly.