Sen. Bryan Townsend

This Act updates the Delaware Code section that requires municipalities in New Castle County to submit permit data to the County government. The Act clarifies that such information should be submitted monthly in a manner prescribed by the County and that only closed permits where a certificate of occupancy has issued should be reported. If a municipality fails to timely report permit data it must submit a report to the County and the General Assembly detailing the reason for the omission, what steps are being taken to address the problem, and when the information will be submitted. This permit data is necessary for the County to ensure the accuracy of property assessments.

This Joint Resolution directs the Department of Health & Social Services to explore and consider additional solutions for tackling the State's high cost of health care and to submit a report to the General Assembly by January 1, 2027, that explores the feasibility of additional strategies to lower health care costs. The report will explore updating the current Medicaid outlier methodology, ways to ensure further cost savings for 2027, and the feasibility of a statewide adoption of a global budget or 2-sided risk models, and will evaluate options for a public option or other publicly sponsored coverage strategy.

This Act provides special authority to school districts in New Castle County to reset their tax rate for the 2026-2027 tax year. This authority is necessary because several adjustments to the New Castle County tax roll are continuing to be made after the completion of the general reassessment that took effect for the 2025-2026 tax year. This includes the ongoing adjudication of appeals from the assessment values set in the general reassessment as well as quality control reviews, and potential changes pending in other legislation. This Act allows the New Castle County school districts to adjust the tax rate so that no increase in operating revenue over the prior year will be realized, with two exceptions: (1) revenue increases from approved referenda; and (2) revenue equal to the 5-year average growth rate for each district. The 5-year average growth rates for NCC districts are as follows: (1) Appoquinimink, 3.68%; (2) Brandywine, 0.54%; (3) Christina, 0.32%; (4) Colonial, 1.10%; (5) Red Clay, 0.58%; (6) Smyrna, 0.31%; and (7) New Castle County Vocational Technical, 0.96%. This Act sunsets on March 31, 2027.

This Act revises the procedures before the Environmental Appeals Board as follows: • Streamlines the appeal procedures to avoid unnecessary delays in the permitting process. • Addresses a ruling from the Superior Court in 1986, Worldwide Salvage, Inc. v. Env’t Appeals Bd., 1986 WL 3650 (Del. Super. Ct. Jan. 30, 1986), which held that there is no right to appeal to the Environmental Appeals Board decisions by the Secretary to grant permits relating to subaqueous state lands. Like House Bill No. 456 (153rd General Assembly), this Act allows persons substantially impacted by the grant of a subaqueous lands permit may appeal to the Environmental Appeals Board. • Eliminates any appeal of a finding by the Secretary regarding consistency with the federal Coastal Zone Management Act because there is a federal process for these appeals and a state appeal process would conflict with the federal appeals process. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act prohibits counties and municipalities from requiring the use of water backflow preventers in certain types of low hazard buildings. In doing so, this Act reduces costs for businesses and single-family residential homeowners by exempting them from backflow preventer installation and inspection requirements in buildings where backflow does not pose a risk to fresh water or drinking water. Buildings deemed low hazard will nonetheless be required to have backflow preventers if they have fresh water supplied by a public well. Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because it involves indirect changes to municipal charters.

This Substitute is different from the original bill in that it adds the activities of fishing, crabbing and clamming as requiring a license consistent with line 18 already in the code. The substitute also clarifies in section 2 that dogs may be used for tracking or recovering a wounded or dead deer that was lawfully shot during open deer season. Section 1 of this Act closes a loophole that allows hunters and trappers who are exempt from obtaining a Delaware hunting or trapping license to avoid completing a Department-approved hunting or trapping education program. Although many exempt hunters and trappers already complete these programs, this legislation codifies the requirement. This Act also updates and clarifies the statutory language governing administration of drugs to wildlife. Section 2 of this Act adds language to expressly permit the sale of taxidermy and antlers from lawfully taken deer. This Act also makes technical corrections to conform with the Delaware Legislative Drafting Manual.

This Act repeals the ability of school districts to increase tax rates by up to 10% when recalculating the district’s rate of taxation after a general reassessment. This Act does not repeal the requirement under § 1916(b) of Title 14 that a school district recalculate the district’s rate of taxation after a general reassessment, but instead of the 10% maximum, limits the amount of money a district can collect as a result of increases in the fair market value of real property to an amount that is equal to or less than the sum of all of the following: 1. The actual operating revenue derived by the tax levied in the fiscal year immediately preceding the general reassessment. 2. A percentage that is equal to the average growth rate in taxable property in the district since the previous reassessment. This Act also allows school districts to increase a tax approved in a referendum election under Chapter 19 of Title 14 by up to 2% annually without a referendum if the district’s operational reserve balance is not more than 10% of the district’s annual revenue and it is not the same fiscal year that the rate of taxation is recalculated after a general reassessment. This authority will allow school districts to maintain services for students by gradually adjusting to challenges such as inflation, enrollment changes, and increased student needs. Under this Act, the new recalculation equation under § 1916(b) of Title 14 applies beginning for the fiscal year following the next general reassessment and a school district cannot begin to increase tax rates by no more than 2% without a referendum until after the next general reassessment or for fiscal year 2031, whichever is earlier. This Act does not do any of the following: • Allow school districts to levy an additional tax that is more than 2% without an approved referendum. • Change the differences under current law for tax rates for vocational-technical districts. Under current law and this Act, vocational-technical districts are required to use the same calculations as other school districts when recalculating the rate of taxation after a general reassessment. However, the tax authority for vocational-technical districts is under Chapter 26 of Title 14, not Chapter 19, so the authority to annually increase a tax rate by 2% does not apply to vocational-technical districts. This Act also makes the following corresponding and technical changes to Chapter 19 of Title 14: • Revises the definitions in § 1901 by adding “general reassessment” and “reassessed” as defined terms and updates the definition of “district” to reflect current school district boundaries. • Clarifies that if Chapter 26 applies to a school district, the ability of a district to levy an additional tax under § 1902(a) does not apply to that district. • Technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act clarifies that quorum does not define the identity of a public body. Under rules of parliamentary procedure like Mason’s Manual or Robert’s Rules of Order, quorum is used to determine whether enough of a body is present to conduct business. Under Delaware’s Freedom of Information Act (FOIA), quorum is used to determine whether a public body is holding a “meeting” as defined under FOIA and therefore required to comply with open meeting requirements. However, quorum is not, under parliamentary procedure or FOIA, dispositive to determining the identity of the public body that is meeting. The governing document that creates the body determines the identity of the body under parliamentary law and that, in addition to an examination of the actual public business being conducted, will guide answers to questions about the identity of the public body for purposes of FOIA.

This Joint Resolution directs the Department of Education to compile and submit a comprehensive report regarding the workforce data and compensation of education support professionals for the most recent school year. The report must identify staffing levels, vacancies, average wages paid, and the number of employees earning below a $40 hourly wage threshold. The Department is further required to recommend pay scales that align with a minimum living wage and submit its findings to the General Assembly and relevant state offices by November 2, 2026.

This Act requires the Department of Education, in collaboration with school districts, charter schools, and vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating Delaware homeschool students into public school extracurricular activities within the public school that the student would be attending based on residence if that student were enrolled in public school or within charter schools or vocational-technical school districts, including the creation of a pilot program. The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the date of publication in the Register of Regulations of a notice that the Department has submitted its findings and recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations. Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the submission of notice that the Department has submitted its findings and recommendations. This Act expires on the promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware are being amended rather than a more permanent change in Title 14 of the Delaware Code.