Sen. Bryan Townsend

This Act amends the Real Estate Code to modernize the definition of purchase money mortgage under Delaware law to include lenders other than the seller of the mortgaged property who provide financing to purchase the property. Additionally, this Act extends the time period to record a purchase money mortgage from 5 days to 10 days and explicitly subordinates a mechanic’s lien under Chapter 27 of Title 25 to a purchase money mortgage. Finally, this Act makes technical corrections to conform existing language to the standards of the Delaware Legislative Drafting Manual. Specifically, the existing language of § 2108 of Title 25 is redrafted in § 2018(c) and (d) in this Act.

This Act removes the requirement that applicants for a marriage license state their race as part of the application process. Delaware is one of a small number of states that currently requires this information. In October 2019, the United States District Court for the Eastern District of Virginia ruled that requiring marriage license applicants to provide their race violates the United States Constitution. In Delaware, the Clerks of the Peace, who are the points of data collection, have expressed support for this Act, as has the Office of Vital Statistics in the Department of Health and Social Services. The National Center for Health Statistics ("NCHS") has not requested detailed information from states regarding marriage and divorce since 1996. NCHS only requires states to provide the total number of marriages that occur each month.

This Act adopts the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. This Act addresses an increasingly common form of abuse that can cause severe and often irreversible harm: the disclosure of private, sexually explicit images without consent. Much of the abuse is carried out electronically through internet websites, social media, email, or text messages, making it an interstate problem that is particularly suited for treatment by uniform state laws. This Act provides a uniform, comprehensive, clear, fair, and constitutionally sound definition of this harmful conduct and remedies for the harm it causes. Some intimate images disclosed without consent were originally created with consent or obtained within a confidential relationship. In other cases, the images were originally created or obtained without consent through surreptitious recording devices or other forms of voyeurism, or through theft, computer hacking, coercion, bribery, fraud, or force. Like many existing privacy laws, this Act applies only to sensitive content created or obtained under circumstances in which the individual had a reasonable expectation of privacy. Also similar to existing privacy laws, the Act includes limited exceptions for certain disclosures, including those made in the course of law enforcement, legal proceedings or education, medical treatment, or investigations of misconduct. This Act also includes an exception for disclosures relating to matters of public concern or public interest and disclosures reasonably intended to assist the victim. The Act further notes federal statutory limitations on the liability of providers and users of interactive computer services. The Act is narrowly drafted to avoid imposing liability on a discloser who lacks the requisite awareness of any of these elements: (1) that the image was created or obtained under circumstances in which the individual had a reasonable expectation of privacy or that the image was obtained through theft, bribery, false pretenses, voyeurism, or other wrongful acts, (2) that the individual shown in the image did not consent to the disclosure, or (3) that the individual shown was identifiable.

This Act amends Delaware’s probate code by adding a new section to provide restricted access to a decedent’s safe deposit box located in a financial institution and held in the decedent’s sole name, for the limited purpose of retrieving the decedent’s last will and declaration of last remains.

This Act creates the crime of Aggravated Strangulation. A person is guilty of Aggravated Strangulation if the person is a law-enforcement officer, and while acting within the person’s official capacity as a law-enforcement officer, knowingly or intentionally uses a chokehold on another person. Under this Act, a chokehold is only justifiable when the person reasonably believes deadly force is warranted in order to protect the life of a civilian or law-enforcement officer. Aggravated Strangulation is a Class D felony unless the law-enforcement officer using a chokehold causes serious physical injury or death to another person thereby elevating the crime to a Class C felony. This Act also makes clear that if a person is charged under this section, such a charge shall not preclude or limit the State or any other prosecuting agency from bringing other criminal charges against the person.

Section 1 of the Act addresses statutes under Chapter 33 of Title 12 and (i) amends section 3330 by adding subsections (c) and (d)—to make explicit in subsection (a) of section 3330 the applicability dates that were intended to be carried over from the applicability dates of the pre-2018 version of section 213 of Title 12 when, in 2018, section 213 was re-codified as subsection (a) of section 3330, and to provide a corresponding clarification of the applicability dates of subsection (b) of section 3330; (ii) amends section 3338 to specify that, consistent with the Uniform Trust Code, when a trustor is a party to a nonjudicial settlement agreement, then unless the transfer in trust is an incomplete gift for federal gift tax purposes, the trustor may not represent and bind any beneficiary other than the trustor, and—if the nonjudicial settlement agreement alters any beneficial interest in the trust—all of the trust’s beneficiaries must be parties to the agreement; (iii) amends section 3342 to parallel the changes to section 3338 under this Act—that is, to specify that, consistent with the Uniform Trust Code, unless the transfer in trust is an incomplete gift for federal gift tax purposes, a trustor, a guardian of a trustor, or an agent of a trustor under a power of attorney may not represent and bind any beneficiary other than the trustor with respect to a modification under section 3342, and to make it more clear that all of the trust’s beneficiaries must be parties to the modification; and (iv) amends the provisions of section 3343, to make subsection (a) more clear, to make section 3343’s provisions with respect to section 3313A more clear, to add within new subsection (c)(2) of section 3343 a provision allowing a trustee now excluded from exercising certain powers to be released with respect to the past exercise of such powers as though such trustee were being removed, and by adding a provision to section 3343 that an existing trustee is entitled to 30 days’ notice before changes under section 3343 become effective with respect to the existing trustee’s duties, unless the existing trustee waives the notice period. Section 2 of the Act addresses statutes under Chapter 35 of Title 12 and (i) removes a superfluous word in section 3528; and (ii) amends subsection (a)(2) of section 3585 to make it clear that the report procedure described in that subsection may be used while the trustee is in the process of resigning (and not just after completion of the act of resignation or the effective date of a resignation)—but also conditions the use of the procedure upon the resigning or resigned trustee’s transferring assets to the appropriate successor in interest within a reasonable period of time after expiration of the period within which interested parties may file an action against the trustee under subsection (a)(2), and further provides in subsection (e) that certain actions are not barred against a trustee for administration of assets after the expiration of periods under section 3585. Section 3 of the Act amends Chapter 47 of Title 12 (the Uniform Prudent Management of Institutional Funds Act) to make it clear within section 4703 that sustainable investment strategies aligning with the charitable purposes of the institution are authorized in managing the institution’s funds (thereby corresponding to recent similar amendments to sections 3302 and 3303 of Title 12). Section 4 of the Act provides effective dates.

This Act requires the Department of Education to establish and implement a curriculum on the Holocaust and genocide for students in grades 6 through 12. Teaching the lessons learned from the Holocaust and other genocides helps cultivate the spirit of human resilience, courage, heroism, and tolerance. Education about the Holocaust and genocide provide a context to learn about the danger that befalls us when hatred goes unchallenged and there is indifference in the face of oppression of others. The Halina Wind Preston Holocaust Education Committee can provide guidance, academic content assistance, resources, and assistance with curricula development to deliver quality Holocaust and genocide education.

The purpose of the Bill is to allow for the modifications to the Disability Insurance Program for state employees that were included in the Governor’s Twelfth Modification to the COVID-19 State of Emergency to continue until December 30, 2020 in the event that the State of Emergency ends prior to that date.

This Act ensures that the price protections for Delawareans related to price gouging put in place during the COVID-19 state of emergency do not cease immediately upon the lifting of the COVID-19 state of emergency, but instead continue for a short period of time during the COVID-19 recovery period. The COVID-19 recovery period runs until the sixty-first day following the termination of the COVID-19 state of emergency. This Act is intended to set the ceiling for what constitutes price gouging during the COVID-19 recovery period. This Act is written to give the Governor flexibility to carry out the legislative will of protecting Delawareans while not regulating price more than necessary given the market needs and conditions. If additional executive orders are issued to further ratchet down or slowly ease the transition back to normal operations, those are the protections that will be in effect during the COVID-19 recovery period. Sections 1 and 2 of this Act sunset on the sixty-first day following the termination of the COVID-19 state of emergency. Section 3 will not sunset to ensure that a violation of this Act occurring while the protections of this Act are in effect can be pursued after the expiration of this Act, the termination of the COVID-19 state of emergency, the termination of the COVID-19 recovery period, or the suspension of the protection of this Act by the Governor.

Since 2009, when video-conferencing was first permitted under the Freedom of Information Act (“FOIA”) by Senate Bill No. 104 (145th General Assembly), technology has continued to evolve and the need to provide more mechanisms for participation by members of public bodies and the public has grown. In addition, under the Governor's March 12, 2020, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat “State of Emergency” and House Concurrent Resolution No. 85 (“HCR 85”), public bodies in Delaware have been successfully holding virtual meetings. This Act amends FOIA to allow a public body to hold a meeting electronically if specific notice and public access requirements are met. The notice and access requirements follow the guidelines established under HCR 85. This Act gives “advisory bodies” the broadest ability to hold virtual meetings because the vast majority of citizen boards, commissions, task forces, and councils currently in place in Delaware are comprised of volunteer citizens, who serve without pay, and who are charged with providing advice to administrative agencies, the legislature, and others in government. Advisory bodies meet to review data and discuss the programs or operations of particular governmental bodies, to provide advice and recommendations to governmental bodies and members of the public on particular issues, to confer and issue opinions regarding legislation on particular public policy issues, and to provide support and direction for particular public policy goals. There are other boards, commissions, and councils that meet to decide whether to grant or deny certain rights, remedies, or privileges to specific individuals or legal entities, such as a permit, a license, an appeal, or other decision by the board that has legal significance in a subsequent hearing. Boards that have the authority to decide rights, remedies, or privileges in specific situations are not considered advisory bodies under this Act. Frequently, advisory bodies have a difficult time conducting business because business can only be conducted when a quorum of the advisory body is present at the physical meeting location. As a result, some advisory bodies go months without being able to make quorum, members become discouraged, the advisory body stops holding regular meetings, and eventually becomes ineffectual. Delaware agencies and citizens have made great strides in utilizing the technology to conduct virtual meetings since the State of Emergency was ordered as a result of the COVID-19 pandemic. However, shortfalls with this technology have been experienced, including the knowledge that significant portions of our State are not yet served with the quality of internet service necessary to support virtual participation in which the participant can be both heard and seen. For this reason, this Act encourages virtual participation encompassing both the ability to hear and see all participants, but also allows technology that only provides the ability to hear all participants. Under this Act, if an advisory body holds a virtual meeting when there is no state of emergency or threat of a public health emergency, members of public must be able to monitor the meeting virtually or in-person at a physical location. If the advisory body is required to accept public comment or provides the opportunity for public comment, the public must be able to participate virtually or at the physical location. Specifically, this Act does all of the following: 1. Allows an advisory body to hold a virtual meeting at any time, if there is an anchor location that is open to the public and 1 or more members of the advisory body attend the meeting at the anchor location. 2. During a state of emergency, allows any public body to hold a virtual meeting. If all members of a public body are elected by the public to serve on the public body, there are requirements to ensure that members have contemporaneous access to documents and the public has the ability to monitor the proceeding and provide public comment, if public comment is otherwise allowed by statute. 3. Permits the Governor, by executive order, to allow all public bodies to hold virtual meetings if necessary to prevent a public health emergency. 4. Clarifies that if its members are not all elected by the public to serve on the public body, a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title. If all of the members of the public body are elected by the public, then a public body must allow a member with a disability to attend a meeting electronically unless doing so would present an undue burden. This Act does not revise § 10006 of Title 29, the existing video-conferencing section, because § 10006 permits more types of public bodies to conduct a meeting through video-conferencing than are permitted to conduct a virtual meeting under this Act in the absence of a state of emergency or executive order by the Governor. Senate Substitute No. 1 for Senate Bill No. 243 differs from Senate Bill No. 243 as follows: Section 1 sets forth the findings and intent of the General Assembly regarding the use of technology to improve access to public meetings for all Delawareans and in particular, individuals with disabilities. Section 1 also clarifies that it is the intent of the General Assembly to incorporate the well-established body of law that requires places of public accommodation to provide reasonable accommodations to individuals with disabilities if the accommodation can be provided without imposing an undue burden on the place of public accommodation. Section 2 makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 4 revises the new virtual meeting section, as follows: 1. Reorganizes the new § 10006A for clarity. 2. Revises language to improve clarity and incorporate concerns from stakeholders. 3. Clarifies that a public body that is composed entirely of members elected by the public to the public body may allow a member with a disability to attend a public meeting through a means of electronic communication as a reasonable accommodation. 4. Allows any public body, at the discretion of the chair or presiding officer, to allow the public to monitor or provide public comment through the use of an electronic means of communication. 5. Requires that if a public body holds a virtual meeting, the public must be able to monitor the virtual meeting electronically, and, if applicable, provide public comment through the use of a means of electronic communication. Section 5 sunsets § 10006A, the new virtual meeting provisions, in its entirety, on June 30, 2021. This sunset provision anticipates continued work by agencies and public stakeholders to learn from experience using technology to hold virtual public meetings and to revise this section during the next legislative session to reflect lessons learned through experience. Finally, Senate Substitute No. 1 for Senate Bill No. 243 states that passage of 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.