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Legislative Wrap-Up 6/22/18

June 22, 2018
State employees set for greater family leave

State employees will get 12 weeks paid family leave under a bill passed by the Senate June 20 – a bill the governor said he will sign. House Bill 3 was already passed by the House, and would give both men and women 12 weeks paid leave upon the birth or adoption of a child 6-years-old or younger.

“State workers and teachers deserve time to spend with their families when their children are born, and this benefit for new mothers and fathers will help us attract and keep good employees,” said Gov. John Carney in a statement. “Delaware is making clear that we support and value families. I look forward to signing this legislation into law.”

The Senate passed the bill 19-4 with one absent. Minority leader Sen. Gary Simpson, R-Milford, voted against the bill because of difficulty schools already have finding long-term substitutes, and also staffing shortages at the state's correctional facilities. A fiscal note attached to the bill estimates 12-week leave will coast that state more than $2 million a year in expenses.

“I think we're making a grave mistake with the bill,” Simpson said.

Bail bill fails in Senate

A bill that would have allowed more people accused of felonies held without bail failed in the Senate on June 20. Senate Bill 221 needed two-thirds vote in both houses over two consecutive legislative sessions in order to change Delaware's Constitution on bail provisions, but only received an 11-8 vote.

The bill would have allowed courts to withhold bail for people charged with felonies, expanding Delaware law. Currently, only someone charged with capital murder where evidence of the crime is great can be held without bail.

A statement from Republican leaders senators Gary Simpson, R-Milford, and Greg Lavelle, R-Sharpley, said they believe withholding bail for more people would cost the state more money. The right to bail is also guaranteed under the Eighth Amendment of the U.S. Constitution.

“Taking away a Delawarean’s constitutionally-guaranteed right to bail is a serious action, and one that we were not prepared to take today,” the statement read. “We believe the fiscal note woefully underestimates the true impact of this legislation.”

First-time homebuyers could get tax break

A bill that lowers the transfer tax for first-time homebuyers buying a home less than $400,000 passed the Senate June 19, and now awaits the governor's signature for it to become law. House Bill 380 lowers a buyer's transfer tax by one-half percent, reducing it to the 1.5 percent rate the tax was before August 2017 when it was raised to 2 percent.

The tax break is available to all first-time homebuyers who purchased property after Aug. 1, 2017. Last year, legislators raised the transfer tax from 3 percent to 4 percent in order to balance the budget. The bill allows first-time homeowners who qualify for a refund to contact the Delaware Division of Revenue. The bill becomes law upon receiving the governor's signature.

Bill allows craft beer shipments

A bill allowing businesses to ship alcohol to other owned entities awaits Gov. John Carney's signature. The bill is intended to facilitate the growth and expansion of Delaware's licensed craft alcoholic liquor companies.

Age lowered to 18 for alcohol servers

A bill that would lower the age of restaurant servers who serve alcohol has passed both House and Senate. Under the bill, servers 18 or older would be allowed to serve alcohol in establishments licensed for on-premises sale and consumption of alcohol, except for taverns and taprooms. Currently, servers must be 19 in order to serve alcohol. The bill awaits the governor's signature.

Bill to require developers to submit archaeological study

A bill sponsored by Sen. Ernie Lopez, R-Lewes, would require developers submit an archaeological report or study of a property before it is subdivided or rezoned. Senate Bill 248 requires land developers to submit any proposed or existing study or report on privately owned land to the Division of Historical and Cultural Affairs. The bill was moved out of Senate Environmental, Natural Resources and Energy committee June 20 and now awaits action in the Senate.

Property owner permission needed before collecting natural resources

A bill in House committee would require the Department of Natural Resources and Environmental Control to obtain written permission from a property owner before collecting natural resources from the property.

Senate Bill 229 is sponsored by Sen. Ernie Lopez, R-Lewes, and would stop DNREC's practice of gathering natural resource data from private property without notifying the property owner. “Property owners say they don't mind, but they want to be asked first,” Lopez said. The bill unanimously passed in the Senate on June 6.

 

 

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