Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 3 D · 1 R cosponsors

SB 109 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 29, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    2 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

What changed in the latest version

10 added · 80 removed

10 line(s) added, 80 removed.

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Lockman & Rep.
Lockman DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Bentz Sens.
2 TO SENATE BILL NO.
Delcollo, Hansen, Lopez, Walsh;
109 AMEND Senate Bill No.
Reps.
109 on line 5 by deleting “19” as it appears therein and inserting in lieu thereof “18”.
Bennett, Dorsey Walker, Spiegelman, Yearick DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.
FURTHER AMEND Senate Bill No.
109 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMON INTEREST COMMUNITY ADVISORY COUNCIL.
109 on line 9 by deleting “residents” as it appears therein and inserting in lieu thereof “unit owners, as defined under § 81-103 of Title 25,”.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
SYNOPSIS This Amendment makes a technical correction and clarifies the qualifications of the members who are appointed by the Governor.
Section 1.
Amend § 2546, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2546.
Common Interest Community Advisory Council.
(a) There is established the The Common Interest Community Advisory Council ("Council"), which shall consist of the following members:
Council, referred to as “the Council” throughout this section, consists of 19 members.
A member who is on the Council by virtue position may appoint a designee to serve in their stead and at their pleasure.
Membership is comprised as follows:
(1) Three members of the public who are members of the executive board of a common interest community, 1 from each county, appointed by the Governor;
The Governor shall appoint 3 members of the public who are residents of common interest communities in this State, 1 from each county.
(2) The Mayor of the City of Wilmington or a designee appointed by the Mayor;
Wilmington.
(3) The County Executive of New Castle County or a designee appointed by the County Executive;
County.
(4) The President of the Kent County Levy Court or a designee appointed by the President;
Court.
(5) The President of the Sussex County Council or a designee appointed by the President;
Council.
(6) Three members appointed by the Speaker of the House;
The Speaker of the House shall appoint 3 members.
(7) Three members appointed by the President pro tempore of the Senate;
The President Pro Tempore of the Senate shall appoint 3 members.
(8) The Secretary of State or a designee appointed by the Secretary of State;
State.
(9) Two The President of the Delaware Bar Association shall appoint 2 members from the Real Property Section of the Delaware State Bar Association whose practice involves the creation of, or the handling of disputes LC :
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communities.
(10) The President of the Home Builders Association of Delaware or a designee appointed by the President;
Delaware.
(11) The Chief Executive Officer of Community Associations Institute or a designee appointed by the Chief Executive Officer Institute.
(b) The members of the Council shall serve A member serves until a replacement is appointed pursuant to under the same process as the member's appointment.
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(c) The members of the Council shall Members serve without compensation, except that they but may be reimbursed for reasonable necessary expenses incident to their duties as members the member’s duties and in accordance with State law.
(d) The Chairperson of the Council shall be designated by the Attorney General shall appoint the Council’s Chair from among the members of the Council.
(e) The powers of the Council shall be exercised by a majority vote of all members present.
A quorum of 9 shall be necessary to hold a meeting of the Council.
The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is the majority of members.
Counting for quorum does not include member positions that are vacant.
(f) The Council shall do all of the following:
(1) Advise the Ombudsperson regarding issues related to common interest communities, including any of the following:
a. Mechanisms to increase the collection rate for common interest community assessments;
assessments.
b. The development of conflict resolution procedures within common interest communities;
communities.
c. The feasibility of mandatory mediation, arbitration, or other forms another form of alternative dispute resolution for disputes not able to be resolved within common interest communities and, if deemed feasible, how to implement such a process;
process.
d. The development of mechanisms for the registration of common interest communities with the State or other political subdivision;
subdivision.
e. Any other topic the Council deems necessary to advise the Ombudsperson on related to common interest communities.
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05/16/2019 05:05 PM (2) Advise the Ombudsperson in the operation of the Office.
(3) Study and recommend to the Ombudsperson the adoption, amendment, or rescission of Delaware law or rules rule of court procedure designed to improve the regulation and operation of common interest communities.
(4) Assist the Ombudsperson in the preparation of the annual report required of the Ombudsperson by under § 2544(16) of this title.
(g) The Ombudsperson shall provide support as requested by the Council that the Council requests.
At a minimum, the Ombudsperson shall prepare the agenda for and minutes of Council meetings and shall post the agenda and minutes as required by the Freedom of Information Act, Chapter 100 of this title.
(h) The Council shall meet at least 4 times each year.
The Chairperson, the Ombudsperson, or a majority of the members may call a special meeting of the Council.
SYNOPSIS The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals.
The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community.
This change will make it easier to fill Council vacancies.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the membership requirements of the Common Interest Community Advisory Council to ensure that appointed members are residents of common interest communities rather than just members of their executive boards.

  • § 2546

    members of the executive board of a common interest community → residents of common interest communities in this State

    Changes the qualifications for the Governor's appointments to require that members be residents of common interest communities.

  • § 2546

    A member who is on the Council by virtue position may appoint a designee to serve in their stead and at their pleasure.

    Removes the provision allowing a Council member to appoint a designee.

  • § 2546

    Members serve without compensation, except that they but may be reimbursed for reasonable necessary expenses incident to their duties as members the member’s duties and in accordance with State law. → Members serve without compensation, but may be reimbursed for necessary expenses incurred in accordance with State law.

    Clarifies the reimbursement policy for Council members.

  • § 2546

    the Attorney General shall appoint the Council’s Chair from among the members of the Council. → The members of the Council shall designate a Chairperson from among the members of the Council.

    Changes the process of appointing the Chairperson of the Council from the Attorney General to the members themselves.

  • § 2546

    A quorum of 9 shall be necessary to hold a meeting of the Council. The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is the majority of members. → A majority of members shall constitute a quorum.

    Simplifies the quorum requirement to state that a majority of members is needed.

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 On Its Merits

  4. Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

  5. Passed By Senate. Votes: 20 YES 1 ABSENT

  6. Amendment SA 2 to SB 109 - Passed By Senate. Votes: 20 YES 1 ABSENT

  7. Amendment SA 1 to SB 109 - Stricken in Senate

  8. Amendment SA 2 to SB 109 - Introduced and Placed With Bill

  9. Amendment SA 1 to SB 109 - Introduced and Placed With Bill

  10. Reported Out of Committee (Sunset) in Senate with 5 On Its Merits

  11. Introduced and Assigned to Sunset Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 8 co-sponsors · 52 not signed on

Sponsors (2)

Co-sponsors (8)

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 12000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 9000
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Not Voting
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 109 do?
The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Common Interest Community Advisory Council was identified as needing a modification to provide that the Governor’s appointments are Delaware residents, rather than members of the executive board, of a common interest community. This change will make it easier to fill Council vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 109?
SB 109 is sponsored by Lyndon D. Yearick (Republican), Stephanie L. Hansen (Democratic), S. Elizabeth Lockman (Democratic), John "Jack" Walsh (Democratic), Ernesto B Lopez, Andria L. Bennett, Sherry Dorsey Walker, David Bentz, Anthony Delcollo, and Jeffrey N. Spiegelman.
What is the current status of SB 109?
This bill has been enacted into law. Introduced May 29, 2019. Enacted.
Where can I track SB 109?
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