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in committee · Delaware · House Mar 9, 2017

HB 72: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

This Act would remove the broad exemption that the University of Delaware and Delaware State University currently receive under the state Freedom of Information Act. In recognition of the sensitive nature of some records held by public universities, this Act would also add some specific exemptions for public universities. Specifically, confidential letters or statements related to admission, employment or honors would not be a public record for purposes of FOIA. Universities would not be required to disclose scholarly research or information related thereto where such information is of a proprietary nature. Finally, certain information related to fundraising activities would be protected from disclosure. Delaware’s FOIA, as currently written, already exempts personally identifiable student information protected by the federal Family Educational Rights and Privacy Act (FERPA).
Jack Walsh (D) Charles Potter Jr. (D) John A. Kowalko (D) · 7 co-sponsors
in committee · Delaware · House Mar 9, 2017

HB 27: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO IMMUNITY FOR DONATED FOOD.

Subchapter III, Chapter 68, Title 7 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.
Bill Carson (D) Lyndon Yearick (R) Brian Pettyjohn (R) Jeff Spiegelman (R) Bruce C. Ennis (D) · 11 co-sponsors
signed · Delaware · Senate Feb 3, 2017

SB 16: AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2017.

This Act amends the Fiscal Year 2017 Bond and Capital Improvements Act to 1) authorize the expenditure of prior year Community Redevelopment Funds for public safety purposes in the City of Wilmington; 2) clarify the applicability of prevailing wage provisions on Community Transportation Fund and Municipal Street Aid projects; 3) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects 4) allow for the use of certain operating funds of local school districts as a match for school construction; 5) allow Cape Henlopen to transfer certain unobligated major capital improvement funds for the Sussex Consortium Building project; and 6) to authorize the Office of Management and Budget to execute loand collateral-related documents related to the New Castle County Courthouse parking facility
Quinton Johnson (D) Dave Sokola (D) · 11 co-sponsors
signed · Delaware · Senate Feb 2, 2017

SB 13: AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO ABANDONED OR UNCLAIMED PROPERTY.

This Act continues the reforms enacted over the past 4 years by restructuring Chapter 11 of Title 12, and adopting in substance many provisions from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission. In addition, this Act adopts certain recommendations from the Delaware Unclaimed Property Task Force formed under Senate Concurrent Resolution No. 59 of the 147th General Assembly, and makes significant changes to the State’s unclaimed property law to bring greater predictability, efficiency, and fairness to the State's unclaimed property reporting process and compliance initiatives. More specifically, these changes include reducing the look-back period of all voluntary disclosure agreements and audits to 10 report years, and creating a 10 year statute of limitations for the State to seek payment of unclaimed property due to the State. In addition, this legislation aligns the State’s record retention requirement for companies with the statute of limitations and look back period, which brings State law into conformity with a majority of other states. This Act also offers any company currently under audit prior to July 22, 2015, the opportunity to convert their audit into a voluntary disclosure agreement by entering into the Secretary of State Voluntary Disclosure Agreement program. All companies who received a notice of examination and are currently under audit as of the effective date of this Act will have the opportunity to engage in an expedited audit review process. Finally, this Act mandates that interest be assessed on any late-filed unclaimed property, as a means to incentivize voluntary compliance.
Bryon H. Short (D) Bryan Townsend (D) · 11 co-sponsors
in committee · Delaware · House Jan 26, 2017

HB 54: AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO LOANS.

This bill imposes a cap on the interest rate that may be charged for “alternative financial services” at an annual rate of interest of 100%. “Alternative financial services” is a term sometimes used for payday loans, installment loans, and other credit products generally targeted towards working class people without access to more traditional banking or credit card services. Over the years, this state and others have made various efforts to regulate the industry, to assure that it is operating fairly and in a non-predatory manner. Generally, lenders in this industry have restructured their loan products to avoid such laws and regulations. See, e.g., James v. National Financial, LLC, 132 A.3d 799, 834-838 (Del. Ch. 2016). By placing a cap on interest rate in Chapter 22, the purpose of this bill is to circumscribe the ability of short-term, sub-prime lenders to take advantage of unsophisticated borrowers – regardless of the name or structure they may give the credit products. By its terms, Chapter 22 does not apply to more traditional financial products offered by banks, credit unions, credit card companies, and the like. Traditional financial products are already extensively regulated by state and federal law, and are less amenable to abuse. The bill also prohibits the use of automated withdrawals on short-term loans regulated by Chapter 22 for delinquency payments or accelerated default payments. It prohibits repeat attempts to make an automated withdrawal for at least 5 days after a declined payment, unless the borrower authorizes another attempt in writing. This will prevent borrowers from being charged multiple fees by their banks for overdrafts or declined withdrawals when licensees try repeatedly in a short time frame to process an automated withdrawal.
Ernesto B. Lopez (R) Helene M. Keeley (D) Harris B. McDowell (D) · 10 co-sponsors
in committee · Delaware · Senate Jan 26, 2017

SB 8: AN ACT TO AMEND THE HOME RULE CHARTER OF THE CITY OF WILMINGTON RELATING TO THE CITY AUDITOR.

This Act makes the Wilmington city auditor an elected position beginning with the 2018 election. This Act also provides for the city auditor to serve a 4 year term and for vacancies in the office to be filled by Wilmington city council. Additionally, this Act makes clear that the city auditor is the head of the auditing department and is to exercise independent control of the department; however, the auditor is to annually report to the mayor, council, and the public on the audits performed. Amendments made by this Act may require action by Wilmington City Council to conform City Ordinances to the Charter.
Robert Marshall (D)
passed both · Delaware · House Jan 26, 2017

HCR 7: RECOGNIZING THE EASTERSEALS/ CAI VOLLEYBALL CHALLENGE AND THE VOLLEYBALL AMBASSADOR, JOURNEY PARSON, IN THE 12TH YEAR OF DEMOCRAT AND REPUBLICAN TEAM PARTICIPATION.

This resolution recognizes the Easterseals/ CAI Volleyball Challenge occurring February 24-26, 2017, at William Penn High School, an event that raises funds for an organization providing services and support to Delawareans with disabilities or special needs and their families.
Pete Schwartzkopf (D) Nicole Poore (D) Mike Ramone (R) Trey Paradee (D) Val Longhurst (D)
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