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Legislative Wrap »

April 14, 2017

Non-Delaware residents FOIA request tabled
Rep. Paul Baumbach, D-Newark, introduced a bill March 15 that would allow non-Delaware residents to make Freedom of Information Act requests. House Bill 75 allows state agencies and public bodies to create higher fees for responses to FOIA requests from non-Delaware residents. The bill allows non-Delaware residents to challenge the validity of an action by a public body and extends the deadline by which to do so. HB75 clarifies that a public body can go into executive session to discuss any individual's qualifications to hold a job or pursue training. The bill was tabled in the House Administration Committee April 5.

Bill makes substance registration clear
Sen. Bryan Townsend, D-Newark, introduced a bill March 30 clarifying every prescriber holding a controlled substance registration must be registered with the Prescription Monitoring Program. Senate Bill 44 also says that prescribers who receive a controlled substances registration for the first time must register with the program within 90 days. The bill was voted out of the Senate Health, Children & Social Services Committee April 5.

Bill extends residency requirement for subsidy
Rep. Kimberly Williams, DStanton/ Newport, introduced a bill March 30 that extends the residency requirement for seniors claiming a tax credit against school taxes from three years to 10 years. House Bill 99 calls for the change to take effect for tax and fiscal years after Jan. 1, 2017. Residents who would have become eligible over the last three years under the prior version of the statute will remain eligible. HB99 has been assigned to the House Administration Committee.

Bill adds drug to substances list
Sen. Bryan Townsend, D-Newark, introduced a bill March 30 that adds Pink, a synthetic opioid, to Schedule I of the Uniform Controlled Substances Act. According to Senate Bill 45's synopsis, the drug is advertised as a research chemical, but has a potential for abuse and no currently accepted medical use in treatment in the United States. The bill was reported out of the Senate Health, Children & Social Services Committee April 5.

Bill changes definition of concert hall
Rep. Helene Keeley, D-Wilmington South, introduced a bill March 30 that 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. House Bill 111 eliminates the 5-day requirement and says the venue must hold 250 live music events per a two-year period. The bill was passed through the House April 6.

Homeless Individual's Bill of Rights bill set
Sen. Bryan Townsend, D-Newark, introduced a bill March 28 that establishes a Homeless Individual's Bill of Rights providing rights to protections for individuals experiencing homelessness. Senate Bill 49 would include protections from discrimination for the homeless while in public and while seeking access to housing, employment, and temporary shelter. This bill vests important investigatory and enforcement authority with the state's Division of Human Relations and the State Human Relations Commission. The bill has been assigned to the Senate Judicial & Community Affairs Committee.

Bill hikes penalties for improvement fraud
Rep. Sean Matthews, D-Talleyville/ Claymont, introduced a bill March 30 that amends state code so that the statutory penalties for the crime of home improvement fraud increase as the amount of the loss to the victim increases. House Bill 103 also amends the definition of home improvement contract to provide that a victim's payment can be in any form, not just money. The bill was reported out of the House Judiciary Committee April 5.

Bill makes cosmetology, barbering license easier
Rep. James Johnson, D-New Castle, introduced a bill March 28 that modifies the impact of criminal history on an applicant's eligibility for licensure. House Bill 97 gives the licensing board discretion to grant waivers for a felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The bill precludes the board from considering a conviction where more than 10 years have elapsed since date of conviction. HB97 also authorizes the Delaware Department of Correction to establish prison barbering training programs. The bill was reported out of the House Corrections Committee April 5.

Bill proposes expansion of lodging tax
Rep. Deborah Hudson, RFairthorne, and Sen. Gary Simpson, R-Milford, announced April 12 the introduction of legislation that would apply Delaware's Public Accommodations or Lodging Tax to short-term vacation rental units, defined as 120 days or less. Under House Bill 130, campground, bed and breakfast locations, and internetbased lodging options fall under the definition of short-term vacation rental. The legislation – House Bill 130 – would apply Delaware's 8 percent Public Accommodations or Lodging Tax to short-term vacation rental units (for 120 days or less), including those at campground and bed and breakfast locations.

A press release announcing HB130 said the Legislature's Controller General's Office estimates between $8 million and $11 million in annual revenue. The lodging tax, beginning in 2000, is already placed on hotel and motel rental units in Delaware. The legislation calls for the proceeds of the 8 percent tax to continue to be earmarked in the following manner: 5 percent to the State General Fund, 1 percent to the Beach Preservation Program of the Department of Natural Resources and Environmental Control, 1 percent to established convention and visitors bureaus in each county, and 1 percent to the Delaware Tourism Office.

Carney introduces antidiscrimination policy
Gov. John Carney released April 3 a uniform anti-discrimination policy that will allow state agencies to consistently respond to reports of discrimination, harassment and retaliation in the workplace. The policy also clearly outlines a consistent policy for state employees to report and resolve complaints of discrimination. According to a press release, the policy has been circulated to all executive branch agencies, and human resources managers from each agency had an opportunity to provide feedback prior to the release. The policy was adopted April 1.

"This uniform policy will mean better, standardized inclusion and diversity training for state personnel, and will lead to a consistent process for identifying and eliminating discrimination across state government," said Carney in a prepared statement. The creation of a consistent anti-discrimination policy was a recommendation by Carney's transition team.

 

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