Daily Report for 6/8/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 112PassedWilsonThis Concurrent Resolution recognizes September 2022 as "Prostate Cancer Awareness Month" in the State of Delaware RECOGNIZING SEPTEMBER 2022 AS "PROSTATE CANCER AWARENESS" MONTH IN THE STATE OF DELAWARE.
HA 1 to HB 388PassedHensleyThis amendment replaces the term "Active shooter training" with the phrase "Lock down drills". Additionally, the amendment allows funds from the Delaware Safety and Security Fund to be used for "comprehensive school threat assessments and for prevention training and programs that teach how to prevent school violence, shootings, and other harmful actions". 
HA 1 to HB 389PWBMichael SmithThis amendment allows a school district that loses revenue due to a general reassessment to increase its rate of taxation by up to 10% in order to reach an overall revenue neutral position. 
SA 1 to SB 310PassedHansenThis amendment accomplishes the following: a) Provides for the Governor’s Energy Advisory Council to make recommendations to the State Energy Office about updates to the Climate Action Plan; b) Specifies that the Council is responsible for making recommendations regarding actions and policies on energy issues to the Governor and General Assembly; and c) Provides that the Council members include representation from constituencies that include Public Service Commission-regulated, municipal, and cooperative public utilities, as well as public health and heating fuels interests 
HA 1 to SB 274PassedLynnThis amendment makes technical corrections. 
HA 1 to SS 1 for SB 151StrickenHeffernanThis Amendment does the following: (1) Provides that an insurer that issues an insurance policy on a private passenger motor vehicle to an insured who is a foster parent of a foster child may not charge an additional premium for coverage of the foster child while the child is operating the insured’s vehicle if the foster child has procured a separate policy through participation in the program established under § 9011A of Title 29, unless actuarily justified. (2) Because a foster parent cannot sign a license application on behalf of a child in the custody of the Department of Services for Children, Youth and Their Families, the exclusion for liability for foster parents is relocated to § 6105 of Title 21, relating to the liability of the owner or provider of a vehicle for negligence of a minor driving the vehicle. (3) Makes necessary conforming amendments based on the other changes made by this Amendment. 
SA 1 to SB 262StrickenLopezThis Amendment does the following: (1) Delays the effect of this Act until July 1, 2023, and extends the authority granted to Delaware attorneys to conduct remote notarization, codified in § 3156 of Title 20, until this Act takes effect. (2) Makes clear that a notarial officer may not attest to a copy of an official or public record that must be certified by a public official. 
SA 1 to SB 288PassedEnnisThe language in this amendment was changed from “flashing” to "modulating" to differentiate between the headlamps that are standard equipment on four-wheel and two-wheel vehicles, respectively. The "modulating" language tracks language in the Code of Federal Regulations. 
SB 317SignedWalshThis Act is identical to Senate Substitute No. 1 to Senate Bill No. 9, which establishes new formulas that a community owner is allowed use to increase rent in a manufactured home community. The requirements under this Act will be in effect for 5 years, during which time the current requirements for rent increases in manufactured home communities will be suspended. Under current law, rent increases in manufactured home communities have frequently been the subject of arbitration hearings and lengthy court cases. This Act seeks to dramatically reduce or eliminate these disputes by providing a choice of 3 methods that a community owner can use to establish the amount of a rent increase. In addition, when rent is increased based on 1 of the new calculations, this Act establishes clear standards and requirements, including documentation that requirements have been satisfied. This Act applies to rent increases when notice is provided beginning the 1st day of the month following its enactment into law, and remains in effect until 5 years after its enactment. Under § 7052 of Title 25, rent in a manufactured home community can be increased in an amount greater than the percentage increase of the Consumer Price Index for All Urban Consumers (CPI-U) for the preceding 36 months if there have not been health or safety violations that persisted for more than 15 days, the rent increase is directly related to operating, maintaining, or improving the manufactured home community, and the rent increase is justified by 1 or more of the factors listed, which include capital improvements, changes in taxes, utility charges, insurance costs, operating and maintenance expenses, repairs, and market rent. Rent increases under § 7052 are subject to additional requirements and the dispute resolution process under § 7053 of Title 25. Under this Act, § 7052 will not apply to rent increases while the new methods for calculating rent increases are in effect. Under this Act, a community owner may increase rent based upon the increase in the CPI-U for the preceding 24 months, based on market rent, or by agreement with a homeowner for a period of more than 1 year. In addition, a community owner may increase rent based upon the increase in the cost of specific expenses. Increases based on market rent or these additional expenses are subject to the requirements and dispute resolution process under § 7053. This Act requires that in order to increase rent, there cannot have been a health or safety violation that continued for more than 15 days as calculated under § 7051A of Title 25 or if there is a health or safety violation, the community owner must provide a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase in addition to written documentation of how the violation will be corrected by a specified date. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act also creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the county median household income that applies to rent increases. Specifically, this Act does all of the following: Section 1. Moves definitions of the terms “CPI-U” and “market rent” to § 7003 of Title 25 because the terms are used in more than 1 section. This Act also updates the definition of “CPI-U” to reference the Philadelphia-Camden-Wilmington region. Section 2. Adds detailed notice requirements to § 7051 of Title 25 that require written notice of a rent increase at least 90 days, but not more than 120 days, before the first day the increased amount of rent is due and that this notice must be sent to each affected homeowner, the homeowners’ association, if one exists, and the Delaware Manufactured Home Relocation Authority (DEHMRA). Section 3. Revises § 7052 so that it applies to rent increases that occurred or were noticed between the date § 7052 was enacted and the effective date of this Act. It makes corresponding changes to the subsection designations and repeals the definition of “market rent” because that definition will be in § 7003. Section 4. Establishes the requirements for rent increases for the 5 years after this Act takes effect, by creating the following: • § 7051A of Title 25, which establishes the prerequisites regarding health or safety violations that must be satisfied before rent can be increased including the requirement that if a health or safety violation has continued for more than 15 days as calculated under § 7051A of Title 25, the community owner must not only document that the violation will be correct by a specific date within 1 year, but must provide DEHMRA with a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act clarifies that “violation” includes requirements under federal, state, or county laws and that if the community owner does not correct the specified date, the rent increase does not take effect. • Creates § 7052A of Title 25, which establishes the following 3 ways that a community owner may establish a base rent increase: 1. Based upon the increase in the CPI-U for the preceding 24 months. 2. Based on market rent 3. By agreement with a homeowner for a period of more than 1 year. • This Act also clarifies that § 7052A continues to apply to rent increased under the section after the section sunsets, revises the definition of the “24-month CPI-U” to mirror the language in § 7053 of Title 25, and clarifies the language explaining the rent increase calculation if based on a 24-month CPI-U that is equal to or below 7%. • Creates § 7052B of Title 25, which establishes the requirements under which a community owner may add an additional rent increase to an increase under § 7052A. The requirements include the specific allowed expenses that can be the basis of an additional rent increase, the time periods that are used in the calculations, the calculation used to determine if an additional rent increase is permitted, and how the dollar amount of an additional rent increase is calculated. A community owner must provide documentation of the cost of each of the allowed expenses on a website and must provide paper copies for review at the management office and upon request by a homeowner. Section 5. Makes the following corresponding changes to § 7053: 1. Repeals notice provisions that will be in § 7051 and applicable to all rent increases in manufactured home communities. 2. States that this section is applicable to rent increases under §§ 7052, 7052A(d), and 7052B of Title 25. 3. Revises subsection (j) so it includes the standards under §§ 7052A(d) and 7052B, if applicable. Section 6. Makes a technical correction to § 7054 of Title 25 so that it references § 7053 of Title 25 where it provides the deadline to appeal a decision of an arbitrator. Section 7. Revises the lot rental assistance program by doing the following: • Revises § 7022 of Title 25, the current lot rental assistance program, by doing the following: 1. Expands eligibility by requiring residency in the home for 5 consecutive years, instead of prior to July 1, 2006. 2. Increasing eligibility to households with income that is equal to or less than 40% of the county median income, from the current 30%. This Act also updates which agency that determines the county median household income. 3. Repealing subsections that are being transferred to a new § 7022A of Title 25 because the provisions also apply to the new limited eligibility lot rental assistance program. 4. Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. • Creates § 7022A of Title 25, which has the requirements that apply to the lot rental assistance programs under both §§ 7022 and 7022B of Title 25. These requirements are transferred from § 7022A with only technical corrections. • Creates § 7022B of Title 25, which creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the median household income that applies to rent increases. Under this program, a homeowner’s rent is calculated on a sliding scale based on the amount of the household’s income. This Act also does all of the following: 1. Expands eligibility for the limited eligibility lot rental assistance program to lot rent increases that take effect after the effective date of this Act. 2. Revises the eligibility requirements to correct a drafting error. 3. Requires residency in the home for 5 consecutive years to be eligible. 4. Corrects which agency determines the county median household income. 5. Clarifies how rent is calculated under the limited eligibility lot rental assistance program. Sections 8 through 10 require that if any of the following find a violation of a health or safety requirement in a manufactured home community, notice must be provided to local and state elected officials, the Department of Justice, and the Authority: 1. A county government. 2. The Department of Health and Social Services, for drinking water. 3. The Department of Natural Resources and Environmental Control. In addition, Sections 8 through 10 make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including the correction of an internal reference in § 122(3)c.E. of Title 16. Section 11. Makes this Act effective on the first day of the month following its enactment into law.AN ACT TO AMEND TITLE 9, TITLE 16, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 260PassedGayThe Consumer Protection Fund covers a substantial portion of the costs and expenses to run the Department of Justice’s Fraud and Consumer Protection Division, which serves all Delawareans, handles hundreds of consumer complaints every year, and is continually taking on more cases on behalf of Delawareans who have been victims of fraud and deceptive business practices. During the COVID-19 pandemic, a period of dramatically increased scams against Delaware's most vulnerable populations, including our seniors, the Fraud and Consumer Protection Division has been on the front lines. The Division brings money into the Consumer Protection Fund by investigating and enforcing Delaware’s consumer protection and financial fraud laws, and the amounts obtained, often through settlements, can be large but are unpredictable. Despite a significant expansion of the work and jurisdiction of the Fraud and Consumer Protection Division, the Consumer Protection Fund retention cap has not been increased since 2014. This Act increases the maximum amount of money the Department of Justice can keep in the Consumer Protection Fund at the end of each fiscal year from $3 million to $10 million. Increasing the retention cap from $3 million to $10 million will promote greater stability in funding the Division’s operations even during periods of volatility in the amount of money the Division brings in through its investigation and enforcement work, and will reduce the risk that the Division needs to seek funding for its critical operations out of General Fund appropriations. Increasing the retention cap will not affect ASF spending authorization for the Consumer Protection Fund, which will remain subject to the existing appropriations process.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CONSUMER PROTECTION FUND.
SB 259PassedGayThis bill increases the amount of funds deposited into the Investor Protection Fund from money collected by the Investor Protection Unit from $100,000 to $550,000. In addition, it increases the retention cap of the Investor Protection Fund from $300,000 to $750,000. Lastly, it expands the permissible uses of the Investor Protection Fund to include expenses of the Fraud and Consumer Protection Division of the Department of Justice (DOJ) related to consumer protection and financial fraud. The Investor Protection Fund receives revenues from fees collected by the Unit, as well as any settlement recoveries of the Unit. It is largely used to pay the non-personnel expenses of DOJ’s Investor Protection Unit, which is a part of DOJ’s Fraud and Consumer Protection Division. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE INVESTOR PROTECTION FUND.
SB 296PassedGayThis bill raises the threshold for licensed property appraisers so that they may appraise residential units valued at $400,000.00 or less as a way to meet market demand. It also changes the requirements for licensure, such that property appraisers must file annual certificates but only renew their registrations every other year.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
SB 299CommitteeBrownThis Act provides that Downtown Development Districts are limited in area based on the size of the municipality or unincorporated area in which they are located. Currently, while the Delaware Office of State Planning Coordination (OSPC) limits the size of Downtown Development Districts, those limitations are not set forth in the Delaware Code. This Act adopts and codifies the limits set by the OSPC for jurisdictions with a population of 9,000 or fewer persons and for jurisdictions with a population of 9,001 to 30,000 persons. It increases the limit currently set by OSPC for jurisdictions with more than 30,000 persons from 250 acres to 400 acres and codifies that increased limitation.AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO DOWNTOWN DEVELOPMENT DISTRICTS.
HCR 89PassedSchwartzkopfThis Concurrent Resolution celebrates the 125th Anniversary of the Constitution of the State of Delaware.CELEBRATING THE 125TH ANNIVERSARY OF THE CONSTITUTION OF THE STATE OF DELAWARE.
HCR 90PassedSchwartzkopfThis concurrent resolution encourages the Department of Education, in consultation with key stakeholders, to identify age-appropriate lessons for students in grades 7-12 related to LGBTQ+ history by the start of 2024-25 school year. It also encourages the Department of Education to survey school districts and charter schools regarding the utilization of related materials and short lessons by the end of the 2024-25 school year.ENCOURAGING THE DEPARTMENT OF EDUCATION TO IDENTIFY AGE-APPROPRIATE LESSONS FOR STUDENTS IN GRADES 7-12 RELATING TO LGBTQ+ HISTORY.
HCR 91PassedS. MooreThis concurrent resolution requests that the Delaware State Housing Authority (DSHA) conduct a comprehensive statewide assessment of affordable housing, particularly for moderate and low income families and first-time home buyers, including existing and proposed DSHA loan and grant programs and provide this assessment to the General Assembly no later than January 1, 2023. DIRECTING THE DELAWARE STATE HOUSING AUTHORITY TO CONDUCT A COMPREHENSIVE STATEWIDE HOUSING ASSESSMENT.

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Banking, Business & Insurance
Finance
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Agriculture
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Judiciary
Public Safety & Homeland Security
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Banking, Business & Insurance
Education
Elections & Government Affairs
Environment & Energy
Executive
Health & Social Services
Judiciary

House Committee Report

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Judiciary

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Ascione, JamesConfirmedDelaware Board of Charitable GamingReappointment
Cooney-Koss, LauraConfirmedAdult Corrections Healthcare Review CommitteeNew
Dillard, Dorothy ConfirmedBoard of ParoleReappointment
Dupras, ManetteConfirmedProfessional Standards BoardNew
Hobbs, AmberConfirmedProfessional Standards BoardNew
Kohan, DavidConfirmedProfessional Standards BoardReappointment
Miller, RoyConfirmedAtlantic States Marine Fisheries CommissionReappointment
Newlin, Lynne W.ConfirmedDelaware Board of Charitable GamingNew
Pasquale, JohnConfirmedState Board of ElectionsReappointment
Robinson, AnastasiaConfirmedProfessional Standards BoardNew
Sandstrom, Donna K.ConfirmedState Board of ElectionsReappointment
Spoor, StanleyConfirmedProfessional Standards BoardNew