Senate Elections and Government Affairs Committee Meeting
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Senate Elections and Government Affairs Committee Meeting Official Minutes 151st General Assembly Committee Meeting Wednesday, May 19, 2021 2:30 p.m. Virtual Meeting Meeting Attendance Committee Members: Present: Senator Kyle Evans Gay [email protected] (302) 744-4137 Senator Darius J. Brown [email protected] (302) 744-4286 Senator Stephanie L. Hansen [email protected] (302) 744-4138 Senator Nicole Poore [email protected] (302) 744-4164 Senator Ernesto B. Lopez [email protected] (302) 744-4136 Senator Bryant L. Richardson [email protected] (302) 744-4298 Attendees: Organization: Senator Jack Walsh Senator Dave Lawson Bailey Brooks Mary Grace Colonna Delaware State Senate Christella St. Juste Delaware State Senate Jesse Chadderdon Delaware State Senate William Lescas Delaware State Senate Robert Scoglietti James Nutter Parkowski, Guerke & Swayze, P.A. Tyler Micik Delaware State Chamber of Commerce Alexa Adams Delaware State Senate Brian Boyle New Castle County Executive's Office Robert Overmiller Evan Park University of Delaware Kurt Foreman Delaware Prosperity Partnership Kathleen Rutherford Todd Lawson Sussex County Council Regina Mitchell Division of Small Business 1 Jennifer Kmiec The Committee of 100 Keri Rapa Delaware General Assembly - Dover, DE Sara Poore Delaware State Senate Chief Deputy Secretary Kristopher Knight Delaware Department of State Jordan Schulties Delaware Division of Small Business Glenn Mandalas City of Rehoboth Bryon Short Delaware Contractors Association Brandon Williams Rony Baltazar-Lopez Delaware Department of State Brenda Wise State of Delaware Anna Shields Delaware State Senate Mary Kate McLaughlin Lincoln Willis Agenda: HB 156 HB 170 Consideration of Meeting Minutes (May 11, 2021) SB 127 HS 1 for HB 134 HB 137 HB 138 Senator Kyle Evans Gay, Chair, called the meeting of the Elections and Government Affairs Committee Meeting to order at 2:32 p.m. She discussed the details and procedures related to the virtual nature of the meeting, and she took attendance of the Committee members present. She invited her Legislative Assistant, Mary Grace Colonna, to further discuss the procedures of the virtual meeting. Mary Grace Colonna detailed the specific process for committee member participation in the Zoom webinar. She explained that questions from Committee members would be given first priority, with non-Committee member Senators also having the opportunity to ask questions after. Senator Gay explained that the agenda has been revised to fit the schedules of the presenters. She invited Senator Lopez to present HB 156. HB 156: AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH RELATING TO THE CITY MANAGER’S DELEGATION OF SUPERVISORY AUTHORITY OVER CITY EMPLOYEES, INCLUDING BEACH PATROL EMPLOYEES. Sponsor: Representative Schwartzkopf Synopsis: This Act amends the Charter of the City of Rehoboth Beach to provide that the City Manager may delegate supervisory authority, including supervisory authority over the City’s 2 Beach Patrol. This Act also clarifies that the City Manager has the authority to determine the composition of the Beach Patrol and establish rules and regulations covering the qualifications of members of the Beach Patrol. This Act also deletes provisions vesting members of the Beach Patrol with all the authority of a member of the Police Force. This Act also further clarifies the duties of the Beach Patrol in connection with its charge to preserve human life along the beachfront of the City. Senator Ernesto Lopez thanked Senator Gay. He explained that the Bill passed the House, and he stated that the Bill is a fairly straightforward charter change. He detailed the specifics of the change, specifically noting the Bill would clarify that the Rehoboth City Manager has authority over the employment and positioning of the Rehoboth Beach lifeguards. He asked that the Rehoboth City Solicitor, Mr. Mandalas, provide some further background information on the scope of the Bill. He stated that this charter change was previously agreed upon by a majority of Rehoboth City Council Members. He thanked Mr. Mandalas for attending, and he asked Senator Gay if it would be an appropriate time for Mr. Mandalas to speak on behalf of the Bill. Senator Gay agreed, and she welcomed Mr. Mandalas. Glenn Mandalas thanked the Committee. He stated that the Bill had been vetted by the Rehoboth Beach City Commissioners through meetings and the adoption of a resolution that authorized the mayor to seek sponsorship. He explained that the Bill grew out of circumstances related to the pandemic. He continued that due to the pandemic, the city manager moved the beach patrol was moved under the jurisdiction of the police department. He noted that this was intended to be short-term, but it was viewed favorably for the long term. He stated that the former beach captain questioned the city manager’s authority to make this change permanent, which led to the changes detailed in the Bill. He expressed his view that the city manager does have that authority, and that the commissioners sought to clarify the city manager’s authority to make organizational changes. He explained the specific changes to the charter relating to the position of the city manager. He continued that placing the beach patrol under the control of the police is not unusual, and he noted that both Lewes and Bethany beaches have or have previously had their beach patrols under the authority of the police department. He detailed other changes to the charter, including other organizational and technical changes related to the beach patrol. He welcomed questions from the Committee. Senator Lopez thanked Mr. Mandalas for his presentation. Senator Gay welcomed any questions from the Committee. There were no questions. Senator Gay noted that Senator Brown had joined the meeting. She welcomed any public comment. There was public no comment. 3 HB 156 – Reported out of the Committee – Favorable = 0, On its Merits = 6, Unfavorable = 0 Senator Gay invited Senator Lopez to present HB 170. HB 170: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY TAXES. Sponsor: Representative Schwartzkopf Synopsis: This Act allows counties to use Realty Transfer Tax funds to pay expenses related to assessments and reassessments of real property and associated improvements. Further, it permits New Castle County to expand potential referees of tax assessment appeals beyond members of the Bar of the State of Delaware. Senator Lopez thanked Senator Gay. He explained the purpose of the Bill, and he stated that the Bill recently passed the House. He invited Todd Lawson, the Sussex County Administrator, to explain the Bill and address questions. He thanked Senator Gay. Senator Gay welcomed Mr. Lawson, and she invited him to present further on the Bill. Todd Lawson thanked Senators Gay and Lopez. He explained that the Bill amends the Delaware Code to allow all three counties to access realty transfer tax funds in anticipation of the expense related to reassessment. He noted the cost of such reassessment in the three counties. He explained that the intent of the Bill is to use funds generated through realty transfers to pay for reassessment. He continued that the Bill would create a direct link between how the money is generated and where the money is going. He expressed his enthusiasm at seeing the Bill pass the House, and he voiced his hope that it would be passed in the Senate. He welcomed questions from the Committee. Senator Gay thanked Mr. Lawson, and she asked if there were any questions from the Committee. There were no questions from the Committee. Senator Gay welcomed any public comment. There was no public comment. HB 170 – Reported out of the Committee – Favorable = 0, On its Merits = 6, Unfavorable = 0 Senator Gay asked if there was a motion to approve the minutes from the previous Committee meeting from May 11th, 2021. Senator Lopez motioned to approve the minutes; Senator Stephanie Hansen seconded the motion. There were no objections. 4 The minutes were approved. Senator Gay invited Senator Walsh to present SB 127. SB 127: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ECONOMIC DEVELOPMENT. Sponsor: Senator Walsh Synopsis: The purpose of this legislation is to promote sustained economic growth and stability by establishing a fund to provide grants, loans or other economic assistance to businesses or public entities that invest in constructing, renovating or improving infrastructure for sites that will attract new businesses or expand existing businesses within the State to initiate economic development opportunities that will create a significant number of direct, permanent, quality, full-time jobs. There is intense competition between the states to attract and to keep vital businesses that create and maintain these direct, quality employment opportunities. Therefore, it is critical to expand and sustain economic growth within the State to consistently maintain readily available commercial, industrial sites to attract new business, or expand existing businesses. The delay in converting completely undeveloped sites into sites that are fully capable of conducting business may result in the loss of significant business opportunities that benefit the public. The site readiness fund will provide economic assistance to qualified businesses or public entities to renovate, construct, or improve commercial, industrial sites that are readily available to new businesses, established businesses that are considering moving to the State or existing businesses within the State that need additional sites to remain or expand within the State. To ensure fiscal accountability that site readiness funds are expended for their intended purpose, the applications will be administered in accordance with the existing regulations that govern applications made to the Strategic Fund. The Council on Development Finance will review the applications and supporting financial information to make recommendations to the Director of the Division of Small Business concerning the viability of the proposed project and whether the project meets the criteria established by this legislation to award funding.