SPIROS MANTZAVINOS COMMITTEES STATE SENATOR Banking, Business & Insurance - Chair 7 th District Capital Improvement SENATE Labor STATE OF DELAWARE Transportation 411 LEGISLATIVE AVENUE Veterans Affairs DOVER, DELAWARE 19901

Senate Banking, Business, & Insurance Committee Meeting Minutes Date: Thursday, March 17, 2021 Time: 11:30 AM in Virtual Format Committee Members Present:

Senator Spiros Mantzavinos [email protected] Senator Trey Paradee [email protected] Senator [email protected] Senator [email protected] Senator [email protected] Senator [email protected]

Staff Present:

Nicole Alvarez [email protected] Taylor Hawk [email protected] Michael Soyka [email protected] Scott Goss [email protected]

Attendees:

Senator Darius Brown, Senate Majority Caucus Senator Sarah McBride, Senate Majority Caucus Senator Dave Lawson, Senate Minority Caucus Deanna Killen, Senate Minority Caucus Carrie Leishman, Delaware Restaurant Association Robert Trostel, Breakthru Beverage Mary Kate McLaughlin, Faegre Drinker Deborah Gottschalk, Division of Research Romona Fullman, Division of Human Relations Verity Watson, RWA Robert Scoglietti, Controller General’s Office Alexandra Shull, Compass Management Partners Tahsiyn Ismaaeel, North American Islamic Foundation, Inc. Quinn Johnson, Self Jason Smith, Controller General’s Office Sara Poore, Senate Minority Caucus Gordon Simmons, DE Lutheran Office for Public Policy John Cordrey, Office of the ABC Lincoln Willis, TWG Dustyn Thompson, Delaware United Edward Mulvihill, Peco’s Liquor Store/SBLC Rebecca Kidner, Rebecca Batson Kidner, PA Patricia Key, Harrington Raceway, Inc. Mark Cutrona, Division of Research Karen Stauffer, Delaware Restaurant Association Chris Haas, Delaware Department of Insurance David Mangler, Department of State Debbie Hamilton, Hamilton Goodman Partners 411 Legislative Avenue, Dover, Delaware 19901 Senate Office: (302) 744-4133 Fax: (302) 739-6890 Email: [email protected]

Eric Hastings, House Majority Caucus Joseph Malloy, Wilmington Fire Department Bailey Brooks, RWA Rebecca Byrd, ByrdGomes Hank Rosenberg, Harrington Raceway and Casino James Berryhill, Senate Majority Caucus Christella St. Juste, Senate Majority Caucus Zuneera Johnwell, Delaware United Marty Rendon, Commissioner, State Human Relations Commission Joseph Fitzgerald, Fitzgerald Consulting, Inc. Julie McIndoe, Delaware United Kimberly Chandler, Safety & Homeland Security Jeanne Chiquoine, Self

Senator Mantzavinos convened the meeting at 11:34 AM and roll call was taken.

I. The meeting minutes from January 21, 2021 were approved.

II. HB 1 w/SA 1(Schwartzkopf)- AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Sen. Mantzavinos yielded to Sen. Brown for consideration of HB 1 w/SA 1.

Senator Brown explained that HB 1 w/SA 1 is an extension of the changes brought forth by the 150th General Assembly, contained in HB 349, until March 31, 2022. With the passage of this bill, an entity that has a valid on-premise license to sell alcohol, may continue to sell alcohol that can be taken of premise. This bill will also allow the extension of a licensee to continue to use outdoor seating for serving of food and drinks.

Sen. Mantzavinos opened the floor to committee members for questions.

Sen Paradee expressed concerned about public safety regarding any potential increase in DUIs or traffic related safety issues as a result.

Sen. Brown explained there has not been any data collected regarding increased DUIs related to pandemic alcohol sales.

Sen. Richardson asked if there has been opposition to this bill?

Sen. Brown said the one concern that was raised was how package stores would be impacted. The remedy was the Senate Amendment where taprooms and taverns would be limited in how much alcohol they can sell.

Sen. Walsh asked what the limit that facilities can dispense.

Sen. Brown explained the limit is a case of beer or 750 ml of beverage per customer per day and it applies to all types of alcohol.

Sen. Sturgeon commented that she was happy to see that they are helping the restaurant industry and would like to co-sponsor the bill. Sen. Mantzavinos opened the floor to public comment.

411 Legislative Avenue, Dover, Delaware 19901 Senate Office: (302) 744-4133 Fax: (302) 739-6890 Email: [email protected]

Carrie Leishman expressed support for this bill. Ms. Leishman said it is not a problem with package stores nor a competition. She also expressed support for the extension of outdoor dining.

Seeing no additional hands, Sen. Mantzavinos moved to the next item on the agenda.

HB 1 w/ SA 1 was released from committee with 4 favorable votes and 2 on its merits.

III. SB 46 (Lawson)- AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

Sen. Mantzavinos yielded to Sen. Lawson.

Sen. Lawson summarized SB 46. It permits wedding venues and persons running a facility for social gatherings to allow customers to be able to bring their own alcoholic beverages onto the premise if licensed by the Alcohol Beverage Control Commission as a bottle club.

Sen. Mantzavinos opened the floor to committee members for questions.

Sen. Paradee asked Sen. Lawson to explain to definition of a bottle club and how difficult would it be to get the license and the cost.

Sen. Lawson yielded to Alcohol Beverage Control Commissioner John Cordrey.

Commissioner Cordrey explained that a bottle club is permissible in the event that there is a full restaurant premise. They have to be able to provide food and alcohol the premises. Some wedding venues are unable or unwilling to provide that. This would enable anyone that has a bottle club license to be able to share their facility with patrons to allow the patrons to bring the alcohol on the premise rather than through a caterer.

Sen. Paradee asked for examples of bottle clubs.

Commissioner Cordrey said there are two bottle clubs that are in Wilmington. He was unable to remember the names.

Sen. Lawson asked the price of the bottle club license.

Commissioner Cordrey said the application fee is $1,000 and there a biannual fee of $300.

Sen. Mantzavinos opened the floor to public comment. Seeing no hands, he moved to the next bill on the agenda.

SB 46 was released from committee with 1 favorable vote and 5 on its merits.

IV. SB 72 (McBride)- AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO EQUAL ACCOMMODATIONS.

Sen. Mantzavinos yielded to Sen. McBride

411 Legislative Avenue, Dover, Delaware 19901 Senate Office: (302) 744-4133 Fax: (302) 739-6890 Email: [email protected]

Sen. McBride explained this bill adds religion as a protected class in Delaware’s equal accommodation laws. It also modernizes protections for all protected classes.

Sen. Mantzavinos opened the floor to committee members for questions.

Sen. Richardson asked if there were any cases in Delaware where people were discriminated against because of their religion.

Sen. McBride spoke about the well documented instance where Muslim youth were asked to leave a pool a few years ago.

Sen. Richardson asked for clarification as to whether it was because of their attire and not their actions that led to the Muslim youth being asked to leave the pool.

Sen. McBride confirmed that one of the reasons stated in this case was in fact that the Muslim youth was asked to leave because of their attire, despite the reason later being changed to it being to make room for other people.

Sen. Richardson was concerned that the government may be going too far. He does not want anyone discriminated against and will probably support the bill. He hopes there is no downside to the bill.

Sen. Bonini asked about a recent Supreme Court decision about a baker being asked to bake cakes for certain events that violated his religious beliefs. He asked if there was a concern if this could be used to compel folks to be used to force people to do things against their conscience.

Sen. McBride explained that particular situation was in regard to sexual orientation and nondiscrimination protection. She said those questions are outside the scope of this bill. Right now, in Delaware, a baker cannot deny a cake to a Muslim Delawarean. This bill would codify that. The specific question raised by Sen. Bonini is outside of the scope of this bill and raises a bigger discussion.

Seeing no other questions from committee members, Sen. Mantzavinos opened the floor to public comment.

Tahsiyn Ismaaeel from the North American Islamic Foundation, Inc. stated her support for this bill. She said her own children have been targeted and discriminated against. Ms. Ismaaeel also referred to the instance that Sen. McBride brought up where her students were discriminated against at a city pool. She expressed how hurtful that experience was, especially since it was directed at four and five year old children.

Marty Rendon, the chair of the Legislative Committee of State Human Relations Commission provided public testimony in support of SB 72. The mission of the commission is to eradicate unlawful discrimination and to foster amicable relations among various racial and cultural groups in Delaware. The commission fully supports this bill.

411 Legislative Avenue, Dover, Delaware 19901 Senate Office: (302) 744-4133 Fax: (302) 739-6890 Email: [email protected]

Zuneera Johnwell from Delaware United Steering Committee provided public testimony in support of SB 72. She asked for the bill to be released from committee and moved to the floor.

Seeing no additional hands, Sen. Mantzavinos moved to the next bill on the agenda.

SB 72 was signed out of committee with 3 favorable votes and 2 on its merits.

V. SB 74 (McBride)- AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SPECIAL FUNDS.

Sen. Mantzavinos yielded to Sen. McBride.

Sen. McBride provided background and summarized SB 74. SB 74 fixes a discrepancy by making pensioners eligible for the benefit so long as they retired before June 30, 2018. There is no fiscal impact from this bill.

Sen. Mantzavinos opened the floor to members of the committee. Seeing no hands, he opened the floor to public comment.

Sen. McBride thanked Joseph Malloy for his assistance on the bill.

Joseph Malloy from the Wilmington Fire Department stated he was open to any questions from the committee if there were any.

Sen. Paradee thanked Mr. Malloy for being available and for his service.

No additional hands were raised for comment from members of the public.

SB 74 was released from committee with 3 favorable votes and 3 on its merits.

Sen. Mantzavinos adjourned the meeting at 12:24 PM

411 Legislative Avenue, Dover, Delaware 19901 Senate Office: (302) 744-4133 Fax: (302) 739-6890 Email: [email protected]