Two affordable housing bills, sponsored by Sen. Russ Huxtable, D-Lewes, have cleared the Senate and await action in House committees.

SB 244 passed the Senate 17-3 with one absent April 17 to authorize any county that collects a lodging tax to allocate some or all of the proceeds for workforce and affordable housing programs within that respective county. Currently, New Castle and Sussex counties collect a lodging tax with limitations on how those funds can be spent. The bill awaits action in the House Housing Committee.

On April 18, SB 25 with SA 1 unanimously passed the Senate to lower the cost of building new affordable housing projects statewide by fully exempting low- to moderate-income dwelling units from the state’s 2% improvement tax, which is currently levied on new construction valued at $10,001 or more built within a year of the land being sold. The bill awaits action in the House Revenue & Finance Committee.

Senate passed

HB 209 with HA 1 and SA 3 passed the Senate 12-8 with one absent April 23 to prohibit rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle. The bill passed the House 27-11 with one not voting and two absent in June 2023, but returns with the Senate amendment.

SS 1 for SB 221 with SA 2, filed by Sen. Dave Wilson, R-Lincoln, unanimously passed the Senate April 24 to require the Department of State to provide a state or U.S. flag to be draped over the coffin of the Delaware National Guard, fire or police department who has served at least 10 years, if requested by next of kin. 

SB 251 with SA 1 unanimously passed the Senate April 24 to revamp and rename the Delaware Institute of Veterinary Medical Education to the Delaware Veterinary Medicine Education Advisory Council, and provides the council works with both the Department of Education and the Department of Agriculture to establish a robust program that assists Delaware students interested in practicing veterinary medicine, encourages the students to return to Delaware to practice, and develops programs of education and training in veterinary medicine-related fields and research.

Bills in committee

House Administration Committee

HB 291 with HA 1 and HA 2 would require the Department of Elections to keep a record of donors’ employers and their job title but this information will not be considered a public record under the Freedom of Information Act. This amendment also requires a reporting party who has knowingly accepted an unlawful contribution to return it to the donor rather than pay it to the state treasurer for deposit in the general fund.

House Appropriations Committee

SB 166 passed the Senate March 21 by a 18-3 vote to allow for the delivery of alcoholic liquors from a restaurant, brewpub, tavern, taproom or other entity with a valid on-premise license. The bill also provides the acts of a licensed consumer delivery permittee or a delivery driver are not attributable to the retailer.

House Education Committee

HB 382 would require public school students to receive a vision screening, including a test for color blindness, in kindergarten. Students must also receive vision screenings at appropriate intervals in grades 1 through 12, to be determined by the Department of Education.

SS 1 for SB 252 unanimously passed the Senate April 23 to require the Department of Education perform audits of educator preparation programs to assess compliance with the evidence-based reading instruction requirements, known as the science of reading, that were enacted in 2021.

House Health & Human Development Committee

SB 216 with SA 1 unanimously passed the Senate April 18 to increase the civil penalties for violations related to long-term care facilities and the regulations adopted pursuant to it. For violations that the department determines pose a serious threat to the health and safety of a resident, the minimum penalty would be increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation. For violations that do not constitute a serious threat to the health and safety of a resident, the maximum penalty is increased from $5,000 to $10,000 per violation. 

SB 246 with SA 1, sponsored by Sen. Russ Huxtable, D-Lewes, and co-sponsored by Rep. Stell Parker Selby, D-Milton, unanimously passed the Senate April 18 to create a dedicated revolving loan fund to help support home repair programs. Using seed money from the general fund and gifts or bequests from private residents, the Housing Repair and Modification Fund would support eligible repairs for the health of struggling families and to help them stay in their homes longer.

House Housing Committee

SB 237 passed the Senate 15-5 with one absent April 23 to require municipalities with populations greater than 2,000 to increase community resiliency and address the impacts of climate change in their comprehensive plans.

HB 381 would require the Delaware Real Estate Commission to create a comprehensive, statewide rights and responsibilities guide for landlords and tenants, either online or in paper. The guide would outline tenant and landlord responsibilities, and require a landlord or real estate service provider to provide the guide to prospective tenants entering into a landlord-tenant relationship and also at the time a rental agreement is renewed if the renewal is for a term of one or more years. Real estate service providers may be subject to discipline for misrepresenting the availability or content of the required form. Failure to provide the guide when required is deemed an unlawful practice.

House Labor Committee

SB 233 with SA 1 passed the Senate 15-6 April 17 to establish employment protections for certain service employees during changes of ownership.

SS 1 for SB 248 passed the Senate April 18 by a vote of 19-0 with one not voting and one absent to clarify the Family and Medical Leave Insurance Program where an employee is co-employed by an employee leasing company or a professional employment organization that "employer" refers to the employer client of the employee leasing company or professional employment organization, and not to the employee leasing company or professional employment organization. This act also defines collective bargaining agreement for purposes of the Family and Medical Leave Insurance Program and excludes from the definition of employee individuals who are covered by a collective bargaining agreement as a member of a labor organization, who receive employment benefits through the labor organization, and who, due to the nature of the industry in which they work, may never qualify as a covered individual under the Family and Medical Leave Insurance Program.

House Public Safety & Homeland Security Committee

SB 257 unanimously passed the Senate April 23 to change Delaware’s law related to liability insurance for rental vehicles. The minimum level of coverage required for a vehicle owner’s policy of liability insurance is also required for a vehicle owner’s rental of a vehicle.

Senate Corrections and Public Safety Committee

HB 352 passed the House by 36-0 vote with five absent April 18 to give county code enforcement constables the authority to tow abandoned vehicles on private property.

Senate Education Committee

HB 308 passed the House 36-1 with four absent April 23 to mandate that employees of institutions of higher education and students receive training in sexual assault prevention. 

Senate Elections & Government Affairs

HS 1 for HB 293 passed the House 34-0 with seven absent April 18. It would require that the Department of Elections ensure that polling places are accessible to voters with disabilities and elderly voters. It allows exceptions for states of emergency as determined by the election commissioner, or for circumstances in which no accessible polling place in a particular polling area is available and the election commissioner ensures that those voters impacted are provided with an alternative accessible polling place or alternative means for casting a ballot upon advance request.

Senate Environment, Energy & Transportation Committee

HS 2 for HB 13 passed the House 21-13 with seven absent to require the director of the Sustainable Energy Utility to administer a program to provide financial assistance to Delaware residents for the cost of purchase and installation of electric vehicle supply equipment. For a low-income applicant (meaning up to 300% of the federal poverty level for household income), financial assistance covering up to 90% of the purchase and installation costs may be covered. For all other applicants, the program may offer assistance to cover up to 50% of the costs.

SB 274 would provide that the developer of a residential subdivision is provided a percentage credit toward the expense of offsite improvements to state-maintained highways consistent with the percentage of units set aside for affordable housing in a residential subdivision project.

SB 275 would combat aggressive driving and dangerous speed differentials on targeted roadways. For a first occurrence, a civil penalty of not less than $25 nor more than $75; for a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.

Senate Executive Committee

SB 15 would amend the Delaware Constitution to require each holdover cabinet member to be reconfirmed at the beginning of each term of the governor. The bill also would enshrine residency requirements for cabinet-level positions in the constitution rather than in code where those rules are currently delineated.

SB 16 would reflect the longstanding practice of setting the annual salary for members of the governor’s cabinet in the annual operating budget, while making clear that the residency requirement for those positions currently in code has been moved to the Delaware Constitution by SB 15.

HB 140 with HA 1 passed the House 21-16 with four absent April 18 to permit a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician or attending advanced practice registered nurse and a consulting physician or consulting APRN agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision and is acting voluntarily. 

SB 278 clarifies the definitions of motor vehicle and new motor vehicle to reflect technological advances and changes in industry business practices in the state. The act recognizes the limited circumstances issuance of a dealer license to a direct-selling electric motor vehicle manufacturer in 2023. Further, the act defines motor vehicle selling activities that require licensing and regulation by the state. Dealers are required by contract to perform warranty work for manufacturers. The act ensures that dealers are fairly paid for performing manufacturer-directed repairs related to warranty repairs, maintenance programs and recall work. 

Senate Finance Committee

SB 265 would authorize the DNREC State Energy Office and the Delaware Public Service Commission to work in consultation with the Delaware Renewable Energy Task Force to solicit proposals from one or multiple developers willing to build a system of offshore wind turbine electric generation facilities, transmission lines and interconnection facilities. The State Energy Office is directed to procure between 800 and 1,200 megawatts of electricity to Delaware’s public utilities. Delaware’s municipal electric companies, rural electric cooperatives and third-party providers will be able to purchase electricity generated from offshore wind if they choose. Delaware also could initiate its own project or partner with another state. The Public Service Commission would approve a final solicitation document.

Senate Health & Social Services

HS 1 for HB 253 with HA 1 passed the House 34-0 votes with seven absent April 18 to require health insurance companies, including state employee/retiree health plans and Medicaid, to cover annual mammograms for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s healthcare provider. It also prohibits mammography facilities from requiring that women 40 years of age or older provide the facility with the name of a healthcare provider in order to receive an annual screening mammogram.

SB 272 would require health insurance providers to provide the same reimbursement to pharmacists that is already provided to other providers performing the same services at the same rates as advance practice registered nurses and physician assistants.

Senate Judiciary Committee

HB 336 passed the House with 38 votes and three absent April 23 to amend the Delaware Limited Liability Company Act.

HB 337 passed the House with 38 votes and three absent April 23 to amend the Delaware Revised Uniform Limited Partnership Act.

HB 338 passed the House with 38 votes and three absent April 23 to amend the Delaware Statutory Trust Act.

HB 339 passed the House with 38 votes and three absent April 23 to amend the Delaware Revised Uniform Partnership Act. 

Senate Labor Committee

HS 1 for HB 270 with HA 1 passed the House 27-9 with five absent April 18 to create a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. A violation of this section carries a penalty of $1,000 for a first offense, $5,000 for the second, and $10,000 for a third or subsequent offense. The bill also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. The bill specifies that shoplifting is a Class G felony, regardless of the value of the shoplifted goods, where the item shoplifted is ammunition. Finally, the bill increases the maximum monetary penalty to $1,000 for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect one year after its enactment.

HB 318 with HA 1 passed the House 37-3 April 23 to increase the exemption in bankruptcy and other debt proceedings for a debtor’s personal residence from $125,000 to $200,000. It also increases the exemption for tools of the trade and for a vehicle to $25,000 from $15,000, and it exempts worker’s compensation awards under the laws of other states from attachment in bankruptcy or other proceedings in the same manner that a worker’s compensation award made under Delaware law is exempt. The amendment clarifies that permissible bankruptcy exemptions may be found in parts of Delaware law.

Senate Legislative Oversight and Sunset Committee

SB 277 would prevent the Board of Massage and Bodywork from issuing initial certifications to practice as a certified massage technician for applications received after Dec. 31, 2024.

Resolutions

HCR 112 calls on the General Assembly to encourage the Delaware medical community to educate the citizens of Delaware about the forced organ harvesting that occurs in China, in the event they decide to travel to China for an expedited transplant. This resolution also calls on the U.S. government to pass laws and regulations prohibiting American medical and pharmaceutical companies from collaborating with Chinese groups that are found to have involvement with forced organ harvesting, as well as banning entry into the United States individuals who have participated in the forced organ harvesting, and allowing prosecution of those persons involved.