Delaware Bills

signed · Delaware · House Sep 15, 2021

HB 157: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

This Act expands the definition of “prescription drug order” to include orders issued electronically. This Act also eliminates the condition on the issuance by a pharmacist, pharmacist intern or pharmacy student of a hypodermic syringe or needle without a prescription to someone who will self-administer medication or administer medication to a minor child by a parent or legal guardian, but only to persons age 18 or older. This Act repeals an existing paragraph in Title 16, § 4762(c) of the Delaware Code which makes it a Class G felony to deliver, dispose of or give away a hypodermic syringe or needle except as prescribed by Title 16, § 4762 of the Delaware Code. The Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.

signed · Delaware · House Sep 15, 2021

HB 29: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CHANGING CANDIDACY TO A DIFFERENT OFFICE.

This Act eliminates the ability of a candidate to change their candidacy to become a candidate for a different office after the deadline for notification of candidacy has passed. This Act takes effect on January 1 following its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 15, 2021

HB 173: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ENROLLMENT OF MILITARY-CONNECTED STUDENTS.

This Act allows the parent or guardian of a military-connected student to preliminarily enroll the student by remote registration in a school district where the parent or guardian is in the active military of the United States or in full-time status during active service with a force of the Delaware National Guard, if the parent or guardian is being transferred to Delaware under military orders and is transferred to or is pending transfer to a military installation within Delaware.

signed · Delaware · Senate Sep 15, 2021

SB 174: AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON.

This Act amends the Charter of The Town of Milton. Specifically, this Act does all of the following: (1) Updates the referenced Town Map. (2) Revises the annexation process for the Town. (3) Authorizes the Town to contract with the Sussex County Department of Elections for voter registration. (4) Creates parameters for any proposed sale, exchange, interconnection, or disposal of the Town’s water system. (5) Provides an exception for the need to hold a referendum if the government funding source is providing 100% principal forgiveness on the loan for a municipal project. This Act allows the Mayor and Town Council of The Town of Milton to do all of the following: (1) Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act, Chapter 17 of Title 22 of the Delaware Code, and the Special Development District Act, Chapter 18 of Title 22 of the Delaware Code. (2) Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. (3) Collect special ad valorem taxes, special taxes, and ad valorem taxes related to the special development districts. (4) Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any special development districts. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.

signed · Delaware · Senate Sep 15, 2021

SB 191: AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES RELATING TO THE MANNER AND METHOD OF CONDUCTING ANNUAL MUNICIPAL ELECTIONS AND FISHING ALONG THE DELAWARE BAY SHORE.

This Act amends the Charter for the City of Lewes by doing all of the following: - Permitting the City of Lewes to utilize the State's Voter Registration System in connection with municipal elections, as authorized by Subchapters IV and V of Chapter 75 of Title 15 of the Delaware Code. - Updating and clarifying the appointment process for an incumbent Councilperson or the Mayor in the event there is no challenger at the time of the Lewes municipal elections. - Deleting provisions that are redundant or in conflict with provisions of State law relating to municipal elections, specifically Chapter 75 of Title 15. - Providing that, if a vacancy occurs in the Office of Mayor or City Councilperson, the person chosen to fill the vacancy is deemed to have been elected. - Permitting the City Council to restrict fishing on the Delaware Bay shore, northwest of the Ferry terminal. - Conforming existing law to the standards of the Delaware Legislative Drafting Manual, including using gender-neutral language and using singular tense to include the plural, as provided in § 304, Title 1 of the Delaware Code.

signed · Delaware · House Sep 15, 2021

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.

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 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.

signed · Delaware · House Sep 15, 2021

HB 167: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE ODOMETERS.

The National Highway Traffic Safety Administration (NHTSA) has issued a final rule for odometer disclosure. NHTSA’s final rule became effective January 1, 2021. The new rule extends the age of vehicles exempt from odometer disclosure from 10 years old to 20 years old phasing the exemptions in by adding one year at a time for model year 2011 and newer vehicles. For example, a model year 2010 vehicle would be exempt starting in 2020; model year 2011 and newer vehicles would be exempt starting in 2031. This Act makes Delaware law consistent with the new federal rule. The Act also makes certain technical corrections to make the current law consistent with the Legislative Drafting Manual.

signed · Delaware · Senate Sep 15, 2021

SB 173: AN ACT TO AMEND THE CHARTER OF THE TOWN OF DEWEY BEACH.

This Act is a comprehensive update to the Charter of Dewey Beach that makes both substantive and technical revisions to diminish instances of ambiguous language and eliminate the use of archaic terms and duplicative provisions. This Act makes technical changes to update the terms used to identify Town Commissioners and the Town Council and to conform existing law to the standards of the Delaware Legislative Drafting Manual, including changes so that language is gender neutral. This Act makes the following substantive changes to the Charter of Dewey Beach: 1. Recognizes that among various traditional municipal goals, Town Council shall consider measures to maintain resiliency in the face of our changing global climate. 2. Clarifies the eligibility of municipal voters and officeholders and the functions of the Election Officials. 3. Clarifies that the form of municipal government is that of a Town Council and Town Manager, as well as the roles of each. 4. Clarifies the employment procedures and supervision of the Town Manager and other municipal employees. 5. Clarifies that the Police Chief reports directly to the Town Manager. 6. More fully specifies the responsibilities of the Beach Patrol Captain. 7. Increases the aggregate amount the Town Council may borrow from $1,500,000 to $3,000,000. 8. Increases the amount of a contract that is not required to be bid from $2,000 to $5,000. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.

signed · Delaware · Senate Sep 15, 2021

SB 46: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 15, 2021

HB 81: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO MICROBREWERIES.

This Act allows 2 or more microbreweries to share brewing equipment if the microbreweries maintain separate premises to sell their product to consumers and wholesalers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Sep 15, 2021

SB 194: AN ACT TO AMEND THE CHARTER OF THE BOARD OF PUBLIC WORKS OF THE CITY OF LEWES RELATING TO UTILITY SERVICE EXTENSION AND THE POWER TO SUE AND BE SUED.

The Delaware General Assembly incorporated the Board of Public Works of the City of Lewes (the “BPW”) in 1901 when it, separate from the Charter adopted for the City of Lewes, enacted the Charter of the BPW and empowered it to establish, control, and regulate the utility system for the City of Lewes. The BPW is a public body under the Delaware Freedom of Information Act and is subject to the obligations and requirements of a public body under Delaware’s Sunshine Laws. The BPW reviews and approves budgets, contracts, and utility policies, including concerning rates, in meetings that are open to the public. The BPW Directors are directly accountable to the ratepayers who elect them to handle matters concerning utility policy. This Act seeks to address the City’s concern that it have a codified role in the extension of the Lewes utility system to property located outside of the City of Lewes municipal limits by amending the Charter of the BPW to specifically require going forward the Mayor and City Council’s prior consent for the BPW to expand utility service to any territory outside of the City of Lewes municipal limits. Through this change, the Mayor and City Council will have an important role in any future expansion of the utility system, while still preserving, consistent with the Charter of the BPW, the BPW Directors’ responsibility over utility policy concerning said utility system for the benefit of the ratepayers. This Act also resolves uncertainty created by a recent Delaware Superior Court decision concluding that the BPW may only sue and be sued where specifically noted within the Charter of the BPW. The Superior Court’s recent decision, for example, creates a cloud of uncertainty over whether the BPW can sue and be sued under contracts it lawfully executes in its own corporate name. This Act removes this uncertainty by expressly giving the BPW the general power to sue and be sued. To promote collaboration and dialogue between the BPW Board of Directors and the City of Lewes Mayor and City Council, this Act also prohibits each incorporated entity from suing the other entity for a period of five years.

signed · Delaware · Senate Sep 15, 2021

SB 28: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.

This Act represents the consensus agreement among the Department of Safety and Homeland Security, the Department of Transportation, and stakeholders to provide the public with access to de-identified accident data. Access to the crash history of intersections will enable the public to weigh in on development discussions and roadway projects. This Act also clarifies when accident reports may be released and the purposes for which accident reports can be used. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee and this Act codifies the existing practice of allowing a state law-enforcement agency to charge a reasonable fee for a copy of an accident report.

Bill results