Issue 498 - February 13, 2021

In This Issue:

COVID-19 UPDATE: Hospitalizations and Other Metrics Trending Downward House, Senate Democrats Delayed in Redrawing Maps Governor Carney Signs Law Setting 40% Renewable Energy Mandate Increasing Minimum Wage Paid to Waitstaff, Others Eliminating the Training Wage and Youth Wage Amending the Delaware Consumer Fraud Act OPINION: Voting Reforms Should Include Verification

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COVID-19 UPDATE: Hospitalizations, Other Metrics Trending Downward Over Last Month

There are 282 patients hospitalized due to complications associated with COVID-19 (as of 2/12/2021), 20 of which are listed in critical condition. COVID-related hospitalizations have fallen by more than 40% since the state set its high-water mark of 474 a month ago on January 12. Thus far, 1,309,388 total tests for COVID-19 have been administered in Delaware, involving 606,677 persons tested. Of this latter number, 524,005 have been negative and 82,672 have been positive. As of Wednesday, February 10, the seven-day average for the percentage of total tests that were positive was 5.9%, which has dropped steadily from the record mark of 10.4% recorded on January 5, 2021. (This metric reflects the total number of specimens tested, including when an individual is tested more than once.) As of today (2/13), a total of 1,282 Delawareans are believed to have died due to complications from COVID-19. (1,159 have been confirmed). 51.4% (659) of all Delaware COVID-19 suspected fatalities have been residents of long-term care facilities. Seniors are disproportionately at-risk of serious consequences from COVID-19. 84% (1,075) of all suspected fatalities have been to those 65 years of age and older, even though this demographic has the third-lowest case rate for the virus of the six age groups tracked. 3.66% of Delaware's suspected fatalities (47) have occurred to those age 49 and younger.   For more data on COVID-19 in Delaware, click here.

LEGISLATIVE HALL NEWS

House, Senate Democrats Delayed in Redrawing Maps When most Delawareans are carving pumpkins, Delaware's Democratic lawmakers and their staffs will be carving up the state into new representative and senatorial districts. House Speaker Pete Schwartzkopf and Senate President Pro Tempore David Sokola announced late last week that the Delaware General Assembly will hold a series of special session days this fall to address the once-a-decade realignment of legislative district boundaries. Every 10 years, the General Assembly is tasked with redrawing all 62 legislative districts based on the latest federal census data. This legally mandated process ensures that the districts reflect the most recent population shifts and that all citizens receive equal representation in government. Traditionally, the detailed demographic information needed to recraft legislative districts is available in the early spring. However, preliminary reports had indicated that Delaware might not receive its 2020 U.S. Census data until late summer -- well after the House and Senate have recessed. Those suspicions were confirmed by the U.S. Census Bureau yesterday (2/12) when it announced that it would issue redistricting data to all states by September 30, 2021 -- six months later than initially expected. The bureau blamed the late delivery, in part, on "COVID-19-related delays." In Delaware, House and Senate Democrats, which have large majorities in both chambers, will have unilateral control over the redistricting process. While they will need to observe certain state and federal guidelines, legislative Democrats will have the freedom to redraw district lines as they wish. The maps they produce will be submitted for public review and possibly amended. Ultimately, the final maps will be approved by a simple-majority vote in the General Assembly and signed into law by the governor.

Governor Carney Signs Law Setting 40% Renewable Energy Mandate   Governor John Carney on Wednesday signed Senate Bill 33, raising Delaware’s Renewable Portfolio Standard (RPS) to 40 percent by 2035.    The controversial bill will significantly increase the portion of electricity delivered to consumers that originated from renewable resources.  Prior to Wednesday, utilities had been required to increase their percentage of renewably generated electricity according to a schedule of minimum annual benchmarks, topping out at 25% in the year 2025.    The new mandate will require utilities to continue to ramp-up their use of renewable electricity to achieve a 40% share by 2035, with 10% of all electricity coming from solar photovoltaics.    While the bill deals specifically with Delmarva Power, the nine municipalities operating electric utilities in the state and the Delaware Electric Cooperative are required by law to operate “a comparable program to the renewable energy portfolio standards.”   Supporters of the mandate say it is needed to reduce the use of fossil fuels and to battle climate change and sea-level rise. Critics believe the new mandate could further inflate The First State’s already high cost of electricity.  According to the U.S. Energy Information Administration, Delaware’s electricity is more costly than that in two-thirds of the other states.   Since Delaware lacks renewable energy equipment manufacturing facilities, the legislation is unlikely to create many local, permanent jobs. The state also has limited opportunities to generate renewable power, which will require utilities to buy renewable electricity from out-of-state producers to meet the mandate.

BILLS PENDING ACTION - PROFILES OF NEWSWORTHY LEGISLATION -

Increasing Minimum Wage Paid to Waitstaff, Others House Bill 94 would significantly increase the mandated minimum hourly wage for workers engaged in occupations in which tips or gratuities customarily constitute a significant portion of the compensation.  Under this measure, employers would be required to pay such workers an hourly minimum wage no less than 65% of the minimum wage paid to other workers. The hourly wage of tipped workers has not been raised since 1989, when it was set at $2.23 per hour. The current state minimum wage is $9.25 per hour. Should this bill be enacted, it would raise the minimum wage for waitstaff and other workers reliant on tips/gratuities to $6.02 per hour. STATUS: Pending action in the House Economic Development/Banking/Insurance & Commerce Committee.

Eliminating the Training Wage and Youth Wage House Bill 88 seeks to eliminate the Training Wage and Youth Wage. The former currently allows an employer to pay an adult employee (18 years of age or older) 50-cents less than the state minimum wage for the first 90 days of employment. The latter allows employers to pay minors (under 18 years of age) a wage 50-cents less than the state minimum. Both the Training Wage and Youth Wage were created under a compromise with General Assembly Republicans in 2018 to resolve an impasse over legislation to raise the state hourly minimum wage from $8.25 to $9.25 in two steps. Supporters of the specialty wage rates said they provided modest relief to small businesses employing less skilled employees. Both special wage rates were optional, not compulsory.  Should this bill become law, it would take effect 90 days after its enactment. STATUS: Pending action in the House Economic Development/Banking/Insurance & Commerce Committee.

Amending the Delaware Consumer Fraud Act House Bill 91 seeks to amend the Delaware Consumer Fraud Act.  The author of the bill maintains that when the General Assembly enacted the Consumer Fraud Act in 1965, its stated purpose was “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices.”  However, supporters of this bill claim that current law only prohibits deceptive practices, not “unfair practices.”  This bill would add the term “unfair practice” to those activities prohibited by the Consumer Fraud Act.  Supporters claim this change would align Delaware with federal law and the laws in 44 other states.  This bill defines the term “unfair practice” using examples from statutes and case law in at least a dozen states.  Supporters also claim that prohibiting unfair practices will enable the Delaware Attorney General to participate with other state attorneys general more effectively in multistate investigations and consumer protection litigation nationwide.  The act also would also to clarify that those who provide goods or services at no charge to consumers — such as social media companies funded by ad revenue — are not precluded from being held liable for consumer fraud just because they do not directly sell or lease their goods or services to consumers. STATUS: Pending action in the House Economic Development/Banking/Insurance & Commerce Committee.

OPINION: Voting Reforms Should Include Verification By State Rep. Lyndon Yearick

The Delaware General Assembly is expected to deliberate multiple proposals this year to change our state’s elections process.  Same-day voter registration and “no excuse” absentee balloting are two of the measures that will likely be debated by the legislature in the next few months. While I am open to considering any sensible voting reform, I also believe lawmakers have an obligation to ensure the integrity of that system. If we are to maintain integrity as we adopt changes intended to improve voter convenience, we need to add a valid identification requirement.   Airlines, banks, even convenience store clerks selling cigarettes, regularly ask citizens to display valid identification. Currently, a citizen wishing to vote can show a utility bill addressed to his or her home as a form of ID. If you attempt to board an airplane using this method, you will be leaving the airport disappointed and no closer to your destination. If a valid photo identification is required for a simple business transaction, like buying a six-pack of beer, why should we accept anything less when an individual wants to cast a vote – one of the most powerful and important rights of citizenship?   I personally witnessed the early voting process conducted in our state prior to Election Day. The Department of Election workers required and documented the valid identification the voter presented.    Rightly or wrongly, millions of Americans believe significant voter fraud occurred during November’s elections. That perception, regardless of whether it has a factual underpinning, threatens to fundamentally undermine our democratic system by eroding public faith in the process.   We need to win back the trust of all those citizens who harbor suspicions that ballots are not being honestly cast or accurately counted. To this end, I will be introducing legislation requiring voters to display valid photo identification at their polling place or when submitting an application for an absentee ballot.    My proposal is a fair and rational requirement that will provide consistency to whatever means a registered voter in Delaware uses to exercise their right to vote. After one of the more divisive election cycles in our nation’s history, let us work together to eliminate a source of profound uncertainty by enacting this simple requirement.