Huxtable proposes variety of Senate bills

Sen. Russ Huxtable, D-Lewes, introduced five unrelated Senate bills April 3 addressing topics such as accessory dwelling units, vulnerable adults and credit card surcharges, while also supporting farms and the volunteer fire service.

“It’s a variety of bills,” Huxtable said. 

In an effort to address Delaware’s housing shortage, the use of ADUs has been raised as a way to increase supply. These units include garage apartments or in-law suites, but have been prohibited in many jurisdictions. 

Senate Bill 87, sponsored by Huxtable with support from Rep. Claire Snyder-Hall in the House, would require “local governments to permit the construction of ADUs within their jurisdictions without prohibitive barriers or onerous application or zoning requirements.”

“Basically asking all the local entities to create an ADU ordinance, so we’ll see where that one goes,” Huxtable said.

The bill awaits action in the Senate Housing and Land Use Committee.

A bill regarding the issue of endangering the welfare of a vulnerable adult was suggested by a constituent, Huxtable said.

SB 85, cosponsored by Snyder-Hall, creates a criminal offense for endangering the welfare of a vulnerable adult, a class A misdemeanor. A two-thirds vote in each house is required for passage. The bill awaits action in the Senate Judiciary Committee.

SB 84 would strengthen Delaware’s existing Right to Farm laws by expanding protections for agricultural operations against nuisance lawsuits. Specifically, this bill would remove the current requirement that an agricultural operation have existed for one year or more in order to benefit from statutory protections against nuisance suits. Under this act, the bill states, an agricultural operation cannot be deemed a nuisance as long as it is operating in accordance with all applicable local, state and federal requirements, and is not being conducted in a negligent or improper manner. This protection cannot be used against a federal, state or local agency that is enforcing air or water quality, or other environmental standards under federal, state or local law. The bill awaits action in the Senate Agriculture Committee.

SB 86, co-sponsored by Snyder-Hall and Sen. Brian Pettyjohn, R-Georgetown, would allow donations to the Delaware Volunteer Fire Service Revolving Loan Fund by any person, charitable organizations, and counties of the state. Currently, the fund receives money only through appropriation. The bill awaits action in the Senate Elections and Government Affairs Committee.

SB 89 would prohibit a seller who accepts credit card payments from imposing a credit card surcharge greater than the percentage processing fee charged by the credit card company, for transactions of $1,500 or less, and from refusing to accept payment by credit card or imposing any credit card surcharge, for transactions that exceed $1,500. The bill awaits action in the Senate Banking, Business, Insurance and Technology Committee.