Rep. Pete Schwartzkopf

Maddy summaryThis bill updates overtime pay rules for non-exempt employees working for the Delaware Department of Transportation. Starting July 1, 2024, these workers will receive time-and-a-half pay for any hours worked beyond 37.5 hours in a single week. The change applies specifically to the DOT and ensures that overtime compensation begins once an employee exceeds the standard 37.5-hour threshold.

In light of the Federal Drug Administration’s recent approval of over-the-counter non-emergency contraceptive pills, this bill expands the contraceptive coverage laws to include over-the-counter non-emergency contraceptive pills.

This bill amends Chapter 68 of Title 18, related to medical negligence insurance and litigation, to repeal those provisions of the law that are expired or that are no longer used as a matter of practice in medical negligence litigation.

This Act clarifies portions of Chapter 49 of Title 6 and Chapter 63 of Title 21 of the Delaware Code pertaining to motor vehicle dealers. These additions and modifications are intended to further improve our State’s franchise laws and ensure that Delaware consumers have a stable, reliable, convenient, and competitive retail network for automobile sales and service. This Act is an effort to continue to ensure that the relationship between dealers and the manufacturers and distributors is as fair and equitable as possible and provides the highest level of consumer protection. The Act includes the following provisions: Definitions. The Act amends § 4902 of Title 6 and clarifies the definitions of “motor vehicle” and “new motor vehicle” to reflect technological advances and changes in industry business practices in the state, and adds a definition of “electric motor vehicle”. The Act defines the new terms “sell,” "selling," "sold," "exchange," "retail sales," and "leases". Warranty and Predelivery Obligations to New Motor Vehicle Dealers. Dealers are required by contract to perform warranty work for manufacturers. The Act amends § 4903 of Title 6 in order to ensure that dealers are fairly paid for performing manufacturer-directed repairs related to warranty repairs, maintenance programs and recall work. Intrusive Audits. Dealers are required by existing law to wait up to 30 days for payment for motor vehicle warranty repairs in order to allow the manufacturer to review and approve payment submissions. Manufacturers are also allowed to later audit such repairs and payments. The Act affords manufacturers a full 6 months to audit warranty claims but will reasonably prevent intrusive and time-consuming audits after 180 days, unless the audit involves cases of alleged fraud. Franchise Termination Compensation. Under existing law, manufacturers must repurchase certain motor vehicles, parts and special tools in the event of the termination of the dealer’s franchise agreement. The Act amends § 4907 of Title 6 and specifies a 90-day timeframe for payment and clarifies that it is the manufacturer’s responsibility to cover the cost of returns. Return of Unnecessary Tools & Equipment. The Act allows a dealer a limited opportunity to return and be reimbursed for the cost of certain tools and equipment that were required as a part of an electric vehicle program or agreement between that dealer and the manufacturer, if the dealer determines within two years after receipt that such tools and equipment are unnecessary or that sales volume and utilization are low enough to prevent the dealer from realizing a reasonable return on those forced investments. Failure or Refusal of Manufacturer to Accept Returns. The Act amends § 4913 of Title 6 by providing that it violates Chapter 49 for a manufacturer to fail or refuse to accept the return or to fully reimburse a dealer for the cost of parts, tools, equipment, chargers and other infrastructure required under the franchise agreement, or as part of a program, policy, or other initiative related to the sale or service of electric motor vehicles. Sale & Subscription of Over-the-Air Features. The Act allows manufacturers to directly sell options, add-ons, features, improvements and upgrades by remote transmission to consumers, provided that the dealers are afforded an equal opportunity to sell the same products and services, and further provided that the manufacturer reasonably compensates the dealer for direct sales or subscriptions to the dealer’s customers for a specified period of time. Association Standing. The Act adds a new § 4920 to Title 6 on the subject of Association Standing. Franchise laws have been enacted in all 50 states to recognize compelling state interests in protecting consumers and in regulating the disparity in bargaining power between motor vehicle manufacturers and their franchised dealers. Because dealers have a single source for their new motor vehicles, parts and accessories, many are reluctant to raise a single voice to object to unlawful activity by their manufacturer. The Act grants statutory standing to a large association of dealers to bring a legal action, in very limited circumstances, to ensure compliance with applicable law. Licensing. The Act amends provisions of §§ 6301 and 6302 of Title 21 of the Delaware Code related to the Sale of Motor Vehicles. The Act adds definitions of “new motor vehicle,” “new motor vehicle dealer,” “used motor vehicle,” and “used motor vehicle dealer” to § 6301. Section 6302 is amended to provide that a manufacturer, importer, or distributor who was licensed as a motor vehicle dealer is not eligible to receive any additional licenses. The Act is supported by the Delaware Automobile and Truck Dealers’ Association, Inc.

This Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition in an enclosed display case, behind a counter or other customer access preventing device is not considered accessible for purposes of this section. This Act also requires that a deadly weapons dealer must include with their license application and renewal application a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. Finally, the Act increases the maximum monetary penalty for violation of the provisions requiring a license to sell deadly weapons, sale to those under 21 or intoxicated persons, failing to keep required records, or failing to comply with the requirements for background checks between unlicensed persons. It takes effect 1 year after its enactment. This House Substitute No. 1 for House Bill No. 270 differs from the original in the following ways: It specifies that information related to theft and loss prevention policies and procedures is not subject to FOIA It changes the word “person” to “licensee” in sections 902 and 905. It specifies that the content of loss and prevention policies are not a basis for denial of a deadly weapons dealer license. It reduces all of the monetary penalties. It removes the shoplifting enhancement. It changes jurisdiction over the offense from JP Court to the Court of Common Pleas.

This Act repeals the DELJIS Fund fee imposed on criminal defendants. The elimination of this fee was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. Any outstanding balances owed for this fee shall be discharged upon the Act’s effective date. Per the Study Group’s recommendation, the Act will become effective upon the specific appropriation of General Fund monies to replace DELJIS’s full spending authority of the repealed fee.

This Act repeals the Senior Trust Fund Fee, the Interstate Compact Fee, and the Substance Abuse, Rehabilitation, Treatment, Education and Prevention Fund Fee imposed on criminal defendants. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly also intends to eliminate any outstanding balances owed on these fees.

Maddy summaryThis bill modifies Delaware's real estate tax laws to exempt the 2% realty transfer tax on contracts for building affordable housing units. The exemption specifically applies when the construction is funded by the federal government, the state, or local counties and municipalities. By removing this tax fee, the legislation aims to lower costs for developers working on government-financed affordable housing projects. The law defines "affordable housing units" using the existing legal definition found in Title 30 of the Delaware Code.

For over 30 years, the Delaware State Housing Authority (DSHA) has invested in home repair programs that make necessary repairs to improve the health and safety conditions in the homes of Delawareans. This Act codifies a “Housing Repair and Modification Fund,” which will be administered by DSHA and serve low- and very-low income homeowners in need of home repair assistance.

This Act creates a clearer and workable system for ensuring that manufactured home communities with health and safety violations and conditions that threaten the health and safety of people in the community cannot continue to raise rents on residents without fixing the conditions and providing a safe community for its residents. This substitute differs from the original bill in that it does the following: (1) Adds definitions to § 7003 for the whole chapter. (2) Creates a section that provides requirements for what a community owner must do when it receives a citation or experiences a failure of services related to water, sewer, or utilities distributed by the community owner, including having to fix the problem within 10 days or give detailed reasons why it cannot be completed in that timeframe as well as provide a surety bond for 150% of the estimated cost if it cannot be done in that timeframe. (3) Specifies that a community owner cannot impose a rent increase if it does not comply with the requirements of new section governing such repairs. (4) Changes the court in which community owners may dispute a citation for purposes of receiving a rent increase from Superior Court to the Justice of the Peace Court. This Substitute also makes the new version of § 7051A sunset on July 1, 2026. It reinserts the current version of § 7051A into the code on July 1, 2026, when the new version sunsets.