Rep. Eric Morrison

House Substitute No. 1 for House Bill No. 407, like the original, does all of the following: clarifies the ability of the Department of Natural Resources and Environmental Control (DNREC) to respond to emergent situations, expands the jurisdiction from which DNREC may file to recover costs, and makes certain changes to amounts deposited into the Hazardous Substance Cleanup Act Fund. Section 1 provides definitions for “Abate,” “Emergency,” and “Removal Action.” Section 2 clarifies the ability of the Secretary or their authorized employees or agents to determine if an emergency exists and take immediate action to abate the emergency without obtaining public comment. Section 3 allows the Department to authorize removal actions to address releases without first obtaining public comment, and to incorporate the removal action into any proposed plan of remedial action by DNREC. Section 4 expands the jurisdiction of the courts which DNREC may bring enforcement actions and recover costs. Section 5 increases the civil penalty for each fraudulent act from up to $10,000 to $40,000. Section 6 extends the end date from January 1, 2029, to January 1, 2037, for monies to be deposited into the Hazardous Substance Cleanup Act Fund (the “Fund.”) Section 7 provides the effective date of this legislation. This Substitute differs from the original House Bill No. 407 in that it removes references to the realty transfer tax.

Maddy summaryThis bill updates Delaware law to automatically make children eligible for state-funded child care assistance once they are placed in foster care. By removing the need for a separate application process, the legislation aims to ensure that children in foster care can immediately access care services without delay. The change directly impacts the Department of Health and Human Services, which administers the Purchase of Care program, and the families and foster parents caring for these children.

This House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation.

This Act updates Chapter 57 of Title 15 to reflect modern voting procedures. These updates are necessary because Chapter 57 of Title 15 provides the requirements under which the Superior Court (Court) performs its duties under § 6 of Article V of the Delaware Constitution to certify the results of each general election. As such, the requirements under this Chapter need to align with all of the current ballots and methods by which votes are cast to ensure that the results of general elections are properly certified and not subject to challenge. Specifically, this Act does all of the following: • Aligns terms and definitions with current law and the updates that will be enacted under Senate Bill No. 266 (153rd General Assembly). • Adds early voting ballots and provisional ballots to the materials that the Department of Elections must provide to the Court. • Explains that the Court certifies the results of the election by tabulating the votes cast. • Consolidates the requirements for the contents of certificates of elections and the delivery of those certificates to provide clarity and repeal contradictory and unnecessary provisions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Like Senate Bill No. 278, Senate Substitute No. 1 for SB 278 requires that the Department of Health and Social Services (DHSS) regulations for Purchase of Care (POC), this State's child care assistance program, provide authorization for a child care provider that a child will attend during the summer at any time after January 1 because current regulations do not provide authorization for summer care early enough for families to enroll children in summer camps before camps are full. SS 1 for SB 278 differs from SB 278 as follows: • Does not codify the POC eligibility for children in the custody of the Department of Services for Children, Youth and their Families. • Revises the requirement that a summer child care provider must be authorized after January 1 so it clearly applies to all children receiving POC assistance. • Clarifies that an authorization for a summer child care provider must be provided in addition to all provider authorizations for the child’s care during the school year. Like SB 278, SS 1 for SB 278 does all of the following: • Adds the name of this State's child care assistance program, "Purchase of Care" or "POC" to Chapter 5 of Title 31. • Codifies the current policy that parent copayments are determined based on household size and income. • Requires that parent copayments also be based on whether the child receives assistance for a full or half day of child care. • Provides that the authorization for a summer child care provider provided in advance of attendance may be for purposes of enrollment only and is subject to meeting eligibility requirements at the time the child attends. • Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective immediately because under § 10113 of Title 29, amendments that make existing regulations consistent with changes in basic law are exempt from the procedural requirements under the Administrative Procedures Act.

This Act clarifies and streamlines the disclosure and enforcement provisions of Delaware’s campaign finance laws. Among other things, this Act does the following: (1) Requires a political committee to submit written documentation of all loans provided to the committee and requires that proceeds of a loan are deposited into the committee’s account within 3 business days. (2) Prohibits candidates from charging interest on personal loans to a candidate committee. (3) Requires political committees to retain records for 5 years, rather than 3 years. (4) Requires the State Election Commissioner to provide the Division of Civil Rights and Public Trust (within the DOJ) with a monthly list of alleged violations of campaign finance laws and further clarifies that the Division must investigate and prosecute violations of campaign finance laws. (5) Expands the 1-time extension permitted for filing tardy reports from 24 hours to 48 hours after the reporting deadline. (6) Requires the Division of Civil Rights and Public Trust to submit an annual report of its activity to the Governor and the General Assembly. (7) Authorizes the Commissioner to create regulations relating to political committee audits. (8) Requires the Commissioner to create a mandatory biennial training program for candidates and treasurers. (9) Prohibits political committees from engaging in campaign finance activities 30 days after the issuance of a citation if the citation has not been resolved in that time.

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony. This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act.

This Act creates a new Grant-in-Aid Subcommittee (“Subcommittee”) of the Joint Finance Committee and codifies requirements and procedures for organizations seeking a grant-in-aid from the General Assembly. The Subcommittee will be composed of 3 members of the Senate and 3 members of the House, with the Chair alternating between the chambers each year. The Subcommittee will annually review and analyze the applications of grant-in-aid applicants who have not previously received funding through grant-in-aid and make recommendations to the Joint Finance Committee regarding which applications to approve and at what funding level. The Subcommittee may also review any current grant-in-aid recipient for program efficacy and compliance with the conditions of prior grants and general grant-in-aid eligibility requirements. This Act takes effect January 1 following its enactment into law.

This Act amends Chapter 1 of Title 15 and adds a Part VII and Chapter 81 to Title 15 of the Delaware Code to establish a “Delaware John Lewis Voting Rights Act,” (“the Act”). Section 1 of the Act amends Chapter 1 of Title 15 to provide definitions necessary for implementation of the Act. Chapter 1 is also amended to ensure that the purpose of Title 15 includes a stated public policy of equal opportunity to participate in the political process. Section 2 adds a “democracy canon” which instructs those charged with interpreting statutes, rules and regulations and local laws or ordinances related to the elective franchise to construe the election laws in favor of protecting and making accessible the right to vote. Section 3 of the Act adds a Part VII and Chapter 81 to Title 15 of the Delaware code to establish a “Delaware Voting Rights Act,” (“the Act”). Subchapter I of Part VII lists the mechanisms to challenge voting discrimination, specifying that election policy and practices approved by the General Assembly can be invalidated if they violate the Delaware Constitution, and stating that election laws or practices of a political subdivision or of officials with authority over elections acting within their discretionary authority may be invalidated if they cause prohibited voter suppression or dilution. Prohibited voter suppression prevents election policies or practices that result in, are likely to result in, or are motivated in whole or in part by the intent to result in: 1) a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between protected class members and other members of the electorate; or 2) based on the totality of the circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process. A violation must be attributable to an action of the Department of Elections or a political subdivision. Voter suppression is not present where (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest; and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate. Voter suppression claims do not require evidence of intentional discrimination. Prohibited vote dilution prevents methods of election that have the effect, will likely have the effect, or are motivated in part by the intent of diluting the vote of protected class members. A violation is established when elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or based on the totality of the circumstances, the equal opportunity, or ability of protected class members to nominate or elect candidates of their choice is impaired. To establish the violation, it must be shown that another method of election or changes to the existing method of election could constitutionally be adopted or ordered and would likely mitigate the impairment. Subchapter I also includes guidelines regarding voter suppression and voter dilution determinations under the Act. It outlines that legal standing will be conferred broadly under the Act, and individuals, organizations, or the Attorney General can bring actions to enforce the prohibitions in a court of competent jurisdiction. Plaintiffs are required in most circumstances to give defendants pre-suit notice under the Act, and defendants may prevent litigation by working with the potential plaintiff to implement a remedy to the alleged violation. Subchapter I also establishes a standard for evaluating a claim where a party seeks preliminary relief. The Subchapter also includes remedies that a court of competent jurisdictionis authorized to provide upon a finding of illegal voter suppression or dilution and allows attorneys’ fees for prevailing plaintiff parties in judicial actions and recovery of costs for those who submit a pre-suit notice letter when jurisdictions voluntarily enact changes after receiving said notice letter up to a $ 60,000 cap, adjusted for inflation. When an entity plans to voluntarily adopt a new election policy or practice after the filing of a lawsuit, the entity shall hold at least one public hearing at which members of the public may provide input regarding such draft or proposal. After the adoption of any remedy, the entity must hold at least one public education event during which they explain all changes to elections resulting from the remedy. Subchapter II of the Act requires the Department of Elections (“DOE”) to designate 1 or more languages, other than English, for which assistance will be available in elections for local offices if DOE finds that a significant and substantial need exists for such assistance. A finding of significant and substantial need is mandated when more than 2%, but in no instances fewer than 100, of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals or more than 1,000 of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals. DOE shall distribute to affected jurisdictions and publish annually on its website a list of each local office in which language assistance shall be provided and the languages that assistance will be provided in. The Subchapter requires affected local offices to provide this assistance and outlines the materials that are subject to language assistance. The Subchapter also requires DOE to establish a process, which shall include public comment, whereby electors and impacted organizations may petition DOE to decide that there is significant and substantial need for language assistance in a local office that DOE has not previously determined to have such significant and substantial need. The Subchapter also makes clear that limited English proficient individuals may receive assistance from a person of the voter’s choice when voting equivalent to the allowance given to voters with blindness, disability, or illiteracy. The Subchapter also indicates that individuals, organizations, or the Attorney General may bring an action in a court of competent jurisdiction to enforce the Subchapter, and that attorneys’ fees shall be made available to prevailing plaintiff parties. Subchapter III of the Act prevents intimidation, deception, or obstruction of the right to vote. Under the Subchapter, a person, whether acting under color of state law or otherwise, shall not engage in acts of intimidation, deception or obstruction that interfere with any elector’s right to vote and provides guidance regarding activity that would be considered intimidation, deception, or obstruction of the right to vote. Individuals, organizations, or the Attorney General may bring an action to enforce the prohibitions in a court of competent jurisdiction, and upon finding a violation, the court shall implement appropriate remedies that are tailored to remedy the violation. Damages available to a prevailing plaintiff party upon a finding of a violation include nominal damages for any violation and compensatory or punitive damages for any intentional violation. Attorney’s fees shall also be available for prevailing plaintiff parties. Section 4 of the bill declares that the Act is severable.

In 2025, the General Assembly passed House Bill No. 242 (now found at Chapter 135, Volume 85 of the Laws of Delaware), allowing school districts located entirely in New Castle County to use different tax rates for residential and non-residential properties. This Act amends the Delaware Code to continue the authority for non-vocational technical school districts in New Castle County to utilize a residential and non-residential tax rate for school tax purposes. Such a split rate may be established or adjusted in the year after a general reassessment or as part of a referendum. The rate must be uniform for each class of property. Under this Act, the non-residential rate must be at least equal to the residential rate and may be no more than 1.85 times the residential rate. For purposes of the split tax rate, a school district must follow the classifications of the county in which the district is located. Under the transition provisions of this Act, a district that initially established split tax rates under the authority of House Bill No. 242, may continue to use those split rates at the same or a lower ratio between residential and non-residential tax rates established in the 2025-2026 tax year. But if a district’s non-residential tax rate for the 2025-2026 tax year was more than 1.85 times the residential tax rate, it must adjust its rates to meet the 1.85 maximum ratio permitted under this Act. The New Castle County Vocational Technical District may not continue the use of different tax rates past the 2025-2026 tax year. The Act also changes the amount a school district must add to its tax rate to account for delinquencies and late payments to “up to 10%” rather than requiring that a school district must add exactly 10% to its tax rate for this purpose. This Act also makes technical corrections to conform this chapter of the Delaware Code to the Delaware Legislative Drafting Manual and strikes references to the City of Wilmington School District, which no longer exists. It also revises § 1913 of Title 14 to reflect current practice. It strikes an outdated requirement in § 1918 of Title 14 that the school districts deliver a copy of the assessment list to the County along with their tax warrant. This is inconsistent with the role of the school districts and with current practice.