| HA 2 to HB 378 | PWB | Morrison | This Amendment makes a first violation for a barking dog noise disturbance subject only to a written warning rather than a civil fine. A second offense, if 7 days or more after the first offense, is subject to a $100 fine. A third offense is subject to a $200 fine and subsequent offenses remain subject to a $300 fine. | |
| HCR 87 | Committee | Chukwuocha | This concurrent resolution reconstitutes DESPAC and establishes a stakeholder educational equity Council to provide independent oversight for the ombudsman program, and to support the effectiveness of Delaware’s data system for the purpose of enhancing educational equity | ESTABLISHING STRUCTURES TO ENHANCE EQUITY IN EDUCATION IN DELAWARE. |
| HB 445 | Committee | Ramone | This Act's purpose is to spur economic growth in Delaware and create new jobs by giving a portion of the State's revenue surplus back to the taxpayers. Specifically, this Act cuts the gross receipts tax by 50%. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO LOWERING CERTAIN TAX RATES. |
| HA 1 to HS 1 for HB 206 | Passed | K. Williams | This amendment strikes a provision relating to sharing of background checks that is contrary to other law. It aso strikes the list of disqualifying convictions from this subchapter and instead cross-references the list of convictions and associated length of prohibition contained in Title 31 for child-serving entities, to promote uniformity. It strikes a provision relating to the exemption of residential child-care from this subchapter because it is duplicative of § 7998(d)’s general exemption of those required to complete a background check under some other provision of law.
Finally the bill provides authorizing language for SBI and DSCYF to provide the required background check and child protection registry information to the appropriate entities to effectuate this Act. | |
| HA 1 to HS 1 for HB 264 | Passed | Griffith | This amendment limits the availability of sexual violence protective orders to cases where the respondent is at least 18 years of age. | |
| HA 1 to HB 380 | Passed | Griffith | This amendment adds attorneys from Delaware’s 3 civil legal aid organizations to the eligibility for assistance with student loan repayment. Like attorneys in state service, these public interest attorneys are often carrying large debt loads from law school and undergraduate programs, and are foregoing much higher potential salaries in the private sector in order to serve the public good. | |
| HB 443 | Committee | K. Williams | The purpose of this Act is to achieve 3 goals:
(1) Allow a person who is 18 years or older to serve alcoholic liquors or otherwise work in a taproom.
(2) Allow a person who is under the age of 21 years to enter or remain in a taproom until 9:00 p.m. if the person is accompanied by a parent or legal guardian and the taproom both has a separate dining facility that seats at least 12 people and provides complete meals.
(3) Allow a person who is under the age of 21 years to enter or remain in a taproom when there is a special event approved by the Commissioner, for the duration of the special event and if the person is accompanied by a parent or legal guardian. | AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. |
| HB 448 | Committee | S. Moore | This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide. | AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES. |
| SS 1 for SB 287 | Out of Committee | Hansen | This Act addresses the relation between land development and school capacity and facilitates greater coordination between the counties and local school districts with regard to planning. In addition, the Act enables Kent and Sussex County to use the Voluntary School Assessment (VSA) and other agreements to address the impact of residential development on school capacity.
The following is a summary of the Act’s 7 sections:
Section 1 of the Act amends Chapter 26 of Title 9 of the Delaware code pertaining to zoning in New Castle County. First, it amends § 2656 of Title 9 to require that New Castle County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts.
Second, Section 1 of the Act amends § 2661(c) of Title 9 to remove language providing that any regulation or ordinance adopted by New Castle County linking residential development to school capacity is preempted by state law and of no force or effect.
Section 2 of the Act amends Chapter 49 of Title 9 of the Delaware code pertaining to zoning in Kent County. First, it amends § 4956 of Title 9 to require that Kent County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts.
Second, Section 2 of the Act amends § 4961 of Title 9 to add a new subsection (d) concerning the certification of adequate school capacity for proposed residential developments. Section 4961(d) enables Kent County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA.
Section 3 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. First, it amends § 6956 of Title 9 to require that Sussex County’s comprehensive plan for planning and development include an educational element concerning the construction and allocation of school facilities within school districts.
Second, Section 3 of the Act amends § 6961 of Title 9 to add a new subsection (d) concerning the certification of adequate school capacity for proposed residential developments. Section 6961(d) enables Sussex County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA.
Section 4 of the Act amends § 842 of Title 22 of the Delaware code to conform with the changes to § 2661 of Title 9 contained in Section 1 of the Act. Specifically, Section 4 of the Act removes language providing that any regulation or ordinance adopted by New Castle County linking residential development to school capacity is preempted by state law and of no force or effect.
Section 5 of the Act amends § 103 of Title 14 of the Delaware code to remove a specific reference to New Castle County.
Section 6 of the Act directs the Department of Education to develop guidance and policies for implementing §§ 2656(g)(11), 4956(g)(11), and 6956(g)(11) of Title 9, concerning the requirement that the Counties consider an educational element in developing their comprehensive plans for planning and development. The Department of Education is to develop these guidance and policies by July 1, 2024.
Section 7 of the Act provides that, effective as of January 1, 2023, the Counties must include the educational element in their comprehensive plans within the next comprehensive plan update following the Act’s enactment into law.
This Act is a substitute for and differs from Senate Bill No. 287 in several respects.
Section 1 of Senate Bill No. 287 would have amended § 2661(c) of Title 9 by removing an exception to the requirement that a residential developer provide a certification of adequate school capacity for proposed residential developments where the developer has pledged to pay a VSA. Section 1 of this Act leaves that exception intact. In addition, Section 1 of Senate Bill No. 287 would have added language to § 2661(c) permitting a school district to require a residential developer to enter into an agreement to resolve school capacity issues arising from a development that are not addressed by the VSA. This Act does not include that language.
Sections 2 and 3 of this Act include an exception to the requirement that a residential developer provide a certification of adequate school capacity for proposed residential developments where the developer has pledged to pay a VSA. Sections 2 and 3 of Senate Bill No. 287 did not include this exception. In addition, Sections 2 and 3 of Senate Bill No. 287 would have added language to § 4961 and § 6961 of Title 9 permitting a school district to require a residential developer to enter into an agreement to resolve school capacity issues arising from a development that are not addressed by the VSA. Sections 2 and 3 of this Act does not include that language.
Section 4 of Senate Bill No. 287 would have amended § 842 of Title 22 to remove an exception to the requirement that a residential developer provide a certification of adequate school capacity for proposed residential developments where the developer has pledged to pay a VSA. Section 4 of this Act leaves that exception intact.
Section 5 of Senate Bill No. 287 would have amended § 103 of Title 14 to provide that in calculating the VSA, the Secretary of the Department of Education shall consider the cost of off-site roadway improvements required by the state transportation department. Section 5 of this Act does not make this amendment.
Section 8 of Senate Bill No. 287 would have required New Castle County to include the educational element in its comprehensive plan by December 31, 2025. Section 7 of this Act provides instead that, effective as of January 1, 2023, New Castle, Sussex, and Kent Counties must include the educational element in their comprehensive plans in their next comprehensive plan updates following this Act’s enactment into law.
| AN ACT TO AMEND TITLES 9, 14, AND 22 OF THE DELAWARE CODE RELATING TO SCHOOLS. |
| SB 311 | Committee | Townsend | This Act does the following:
(1) Authorizes the bundling of unimproved or vacant real property for sale at sheriff's sale by this State or any political subdivision when the real property is subject to a writ of venditioni exponas filed by this State or a political subdivision due to an outstanding lien or judgement.
(2) Authorizes a land bank to acquire unimproved or vacant real property at sheriff's sale by submitting a final apex bid in the amount of the outstanding liens or judgements that are of record 5 days before the date of the sheriff sale, which has the effect of ending a sheriff's sale and selling the real property at issue to the land bank. The owner can redeem the real property by paying the land bank the amount of the final apex bid within 60 days of the approval of the sale to the land bank. | AN ACT TO AMEND TITLE 25 AND TITLE 31 OF THE DELAWARE CODE RELATING TO UNIMPROVED OR VACANT REAL PROPERTY SOLD AT SHERIFF'S SALE IN A BUNDLE OR TO A LAND BANK. |
