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Senate Elections & Government Affairs Minutes Wednesday, May 15

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Senate Elections & Government Affairs Minutes Wednesday, May 15 NICOLE POORE Majority Whip STATE SENATOR 12th District SENATE STATE OF DELAWARE 411 LEGISLATIVE AVENUE DOVER, DELAWARE 19901 Senate Elections & Government Affairs Minutes Wednesday, May 15, 2019 1:30 p.m. Senate Majority Caucus Room, 2nd Floor Legislative Hall Committee Members Present: Senator Nicole Poore, Chair Senator John Walsh, Vice Chair Senator David McBride Senator Catherine Cloutier Senator Bryant Richardson Attendees: Senator Gerald Hocker Senator Stephanie Hansen Debbie Gottschalk, Division of Research Agenda: Review of minutes from the Committee meeting on May 8, 2019 SB 80 SB 84 SB 86 SB 87 HB 109 w/HA 1 Senator Poore convened the meeting at 1:35pm. Senator Walsh motioned to approve the minutes. Senator Richardson seconded the motion, and the minutes were approved with none opposed. Senate Bill 80 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FISHING. Original Synopsis: This Act changes the composition of the Council on Recreational Fishing Funding. Senator Poore welcomed the bill’s primary sponsor, Senator Hocker. She expressed an interest in hearing about the legislation, noting that the committees and councils on fishing and recreation could be political organizations. Senator Hocker explained that the Governor’s office, specifically Lydia Massey, had suggested the legislation’s proposed changes. Sen. Hocker noted that the adjustments would make the council’s bylaws more clear and update the code to reflect the current reality. He pointed to vague language regarding whether the President pro Tempore and Speaker of the House’s appointees were voting members, whether the President of the Delaware Mobile Surf Fisherman Association was an ex officio member, and where the appointing authorities rested. Senate, Legislative Hall, 411 Legislative Avenue, Dover, DE 19901 Dover: (302) 744-4164 Wilmington: (302) 577-8744 Email: [email protected] Senator Poore inquired about how often the Council met. Senator Hocker stated that the Council met at least twice every year. Senator Poore asked about the composition of the Council. Senator Hocker affirmed that the Council’s members resided across the state of Delaware. Senator McBride sought clarification about the proposed changes to the appointing authorities. Senator Hocker confirmed that the appointing authorities, including the President Pro Tempore, would retain their appointee position, but that the code would be updated to clearly state that the appointee was a voting member. Senator McBride asked about the proposed changes to the party affiliation requirements for the Council. Senator Hocker confirmed that the bill would remove party affiliation requirements, stating that the most qualified people should serve regardless of political affiliation. Senator McBride concurred, observing that finding individuals willing to serve on such bodies was difficult and those who volunteered their time should be welcomed regardless of political affiliation. HB 93 was circulated for signatures at 1:40 pm. It was released from committee with 5 on its merits. Senate Bill 84 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIVE SPECIES COMMISSION. Original Synopsis: This Act revises the Delaware Native Species Commission by doing the following: 1. Adds a member from the Delaware Department of Transportation. 2. Removes the requirement that Governor appointees be citizens of this State. 3. Requires that the members who represent stakeholder commercial interests represent those interests in Delaware. 4. Adds 2 additional public members. Senator Poore welcomed the bill’s primary sponsor, Senator Hansen. Senator Hansen explained that the legislation would enlarge the Native Species Commission a small amount to involve additional stakeholders. Sen. Hansen listed those who would be added, including the Department of Transportation. Sen. Hansen explained that due to their role in roadside management, DelDot often took the lead on native species work and actively participated in meetings. Sen. Hansen also explained the proposed changes removing Delaware residency requirements and adding additional public members, stating that members of the landscaping and nursery industry were unrepresented. Sen. Hansen stated that highly qualified members of their association who had been on the ecological extinction task force had applied and were active attendees but lived across state lines. Observing that one of the Commission’s goals was to ban the sale of non-native species, Senator Hansen posited that their involvement was important and the legislation would substitute a requirement of Delaware based commercial interests for residency. Senator Hansen also noted that the Department of Agriculture had advocated for their addition as well. She explained two spots had to be added, as the environmental members had to grow in proportion to the industry members. Senator Poore expressed concern about the even number of commission members. Senator Hansen indicated that she did not see this as problematic, because a majority of members were necessary for any vote. Senator McBride inquired about a small change to line ten, where “Delaware” was inserted into the language. Senator Hansen confirmed that the change would require industry members to have a commercial interest in Delaware, due to the removal of residency requirements. Senator Walsh asked if the botanist from the state of Delaware was on the Commission. Senate, Legislative Hall, 411 Legislative Avenue, Dover, DE 19901 Dover: (302) 744-4164 Wilmington: (302) 577-8744 Email: [email protected] Senator Hansen explained that William McAvoy attended the meetings but was not on the Commission. She recognized his importance, noting that he complied the list of native species. Richard Wilkins, president of the Delaware Farm Bureau, questioned the removal of residency requirements. He expressed concern that environmental interests from outside of the state would be included. He also questioned why the agricultural industry only had one representative. Senator Hansen responded by directing attention to the requirements that environmental and academic interest members be experts in Delaware native species. She also observed that no industry had more than one representative. She amended her statement then, to note that the agricultural industry did have two members, as the Delaware Farm Bureau and the Delaware African American Farmers Association both had seats. SB 84 was circulated for signatures at 1:49 pm. It was released from committee with 4 on its merits. Senate Bill 64- AN ACT TO AMEND THE CHARTER OF REHOBOTH BEACH RELATING TO THE POWER TO IMPOSE AND COLLECT A LODGING TAX. Original Synopsis: This Act amends the Charter of Rehoboth Beach to give the Commissioners the authority to impose and collect a lodging tax. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.. Senator Poore summarized the legislation and noted that the primary sponsor, Senator Lopez, had met with her about it. Paul Coons, City of Rehoboth Mayor, introduced Rehoboth’s City Manager, Sharon Lynn, and City Solicitor, Glenn Mandalas. Mayor Coons explained that as a coastal community, Rehoboth experienced thousands on thousands of visitors in the summer seasons. He noted that the City paid for infrastructure and services to serve these individuals who were not residents. He identified the lodging tax as a manner of sharing some of this cost fairly. Senator Poore asked about the City’s thoughts on vacation by owners. Mayor Coons explained that the rental tax, which was already in effect, was 6% and covered rentals such as Airbnbs. Senator McBride inquired about the percentage the City was considering. Mayor Coons stated that the City was likely to impose a tax of between 1 and 3%, amounting to roughly $800,000 a year. Senator McBride observed that this was well under the maximum allowed revenue of three million dollars. Senator McBride also inquired about the position of the hotel industry in Rehoboth. Mayor Coons stated that the City had held a meeting with hotel owners to discuss the services Rehoboth provides visitors, such as board walk maintenance and life guards. Mayor Coons remarked that their biggest concern was competition with hotels just outside of City limits who are paying the 8% state tax. SB 64 was circulated for signatures at 1:53pm. It was released from committee with 5 on its merits. Senate Bill 87- AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE HISTORICAL AIRCRAFT. Original Synopsis: This act designates the Bellanca Cruisair as the official historical aircraft of Delaware. Senator Hansen explained that the Delaware Aviation Advisory Council, in concert with the Friends of the Bellanca Museum and the Delaware Aviation Hall of Fame, brought the proposal forward. Senator Hansen stated that the Bellanca Cruisair was built at the New Castle facility, the Bellanca airfield, from 1939 to the 1950s. Senator Hansen noted that six hundred were built in Delaware during that period. Senator Hansen also said that the airfield was designated as a historic place on the federal registrar. Senator Poore requested to be added to the bill as a co-sponsor. Senate, Legislative Hall, 411 Legislative Avenue, Dover, DE 19901 Dover: (302) 744-4164 Wilmington: (302) 577-8744 Email: [email protected] Senator Walsh stated that his mom’s cousin, recently deceased, was a Bellanca and that his grandfather, who immigrated to Delaware from Italy, worked on the Bellanca aircraft in New Castle, an endeavor in which he lost a finger. Senator McBride sought confirmation that the interest groups approached Senator Hansen because she chaired the transportation committee. Senator Hansen indicated that this was correct. SB 64 was circulated for signatures at 1:56pm. It was released from committee with 2 on its merits and 2 favorable. House Bill 109 w/ HA 1- AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWARK. Original Synopsis: This Act amends the municipal Charter of the City of Newark as follows: 1. Eliminates the ability of artificial entities to vote in elections to borrow money.
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