Delaware Bills

signed · Delaware · House Sep 15, 2021

HB 112: AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO COMMON INTEREST OWNERSHIP.

This Act corrects several technical and typographic errors in the Delaware Common Interest Ownership Act (the “DUCIOA”) and makes a number of non-controversial changes agreed upon by the Common Interest Community Advisory Council and representatives of builders, real estate sales professionals, association managers, and owners. Section 1. This section amends Section 2246 to correct the inadvertent omission of “not” in the Unit Property Act clarifying that exclusively nonresidential condominiums are not required to maintain a repair and replace reserve. Section 2. This section amends Section 81-116(a) to clarify the original intent of the DUCIOA, which exempts nonresidential common interest communities. Section 3. This section amends Section 81-119 by adding five sections of the DUCIOA to apply to pre-existing communities through section 81-119 as follows: §81-217 (i): consent of holders of security interest are deemed to have granted approval of amendments to the declaration if they do not refuse consent in writing after notice. §81-306: Bylaws. §81-308A: executive board meetings are open to members after the period of declarant control. §81-310: voting proxies and voting by ballot without a meeting permitted. §81-314: surplus funds remaining after payment of expenses and prepayment of reserves, returned to owners. This section also clarifies that a conflict between a preexisting document and DUCIOA in any common interest community is resolved in favor of the preexisting documents, whereas the prior language specified application only to condominium and cooperatives. Section 4. This section amends Section 81-217(i) to clarify a common ownership community’s ability to amend its governing documents. Section 5. This section amends Section 81-217(m) to add a new subsection which allows Declarants or the Council to correct typographical errors efficiently and easily, by deeming consent to amendments by security interest holders after notice. It follows the procedures in the DUCIOA for obtaining lenders’ consent to actions and amendments to apply to existing common interest communities. Section 6. This section amends Section 81-303(a) to clarify that under Delaware corporate law there is no distinction between the duties of a director or officer of a for-profit corporation and those of a director or officer of a non-profit corporation. Section 7. This section amends Section 81-303(c) to allow termination of the period of declarant control as permitted in the declaration. Section 8. This section amends Section 81-310(a) to expand the options and methods for owner voting. Section 9. This section amends Section 81-316(h) to add language that allows a community to charge a reasonable fee to provide required certifications regarding the community and limits the liability of a voluntary association for inadvertent errors. Section 10. This section amends Section 81-316(j)(1) to add a comma to correct a typographical error in the existing statute. It clarifies that mortgages can be foreclosed upon by law processes, equity processes, or as provided in the governing documents. Section 11. This section amends Section 81-318(e) to add language that clarifies the right of the association to charge a fee, in advance, to the unit owner when the unit owner has requested conversion, inspection, or copying of association records. Section 12. This section amends Section 81-324(a) to add language that clarifies that voting at a budget meeting may be by proxy as well as in person. Section 13 This section amends Section 81-408(a). Currently, the DUCIOA limits the right to cancel for failure to supply a public offering statement to purchasers of condominiums and cooperatives. Changes to this section conform subsection (a) to UCIOA and clarify the date for cancelation of purchase contracts. Section 14. This section amends Section 81-409(b) to limit the liability of the Association for inaccurate information provided by the property manager in fulfillment of the requirement to provide information to complete a resale certificate. In the alternative, it declares providing false information is a per se violation of the Consumer Fraud Act, which allows a private right of action to recover damages and punitive damages against “merchant” sellers.

signed · Delaware · Senate Sep 15, 2021

SB 159: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS.

Section 4513 of Title 21 authorizes the installation and use of monitoring systems to assist in the enforcement of applicable law regarding motor vehicle use of roadways that the Department of Transportation (“DelDOT”) has determined are not suitable for certain commercial or other truck traffic. DelDOT’s determination of which roadways is based on myriad reasons, including vehicle height, weight, or size. This Act renames the monitoring systems to more accurately reflect their purpose. It also clarifies the following: - The purpose of the monitoring system is to assist in enforcing restrictions of trucks on certain roadways that are not suitable for certain commercial or other truck traffic. - Counties and municipalities are authorized to install monitoring systems. - The county or municipality that authorizes the installation of a monitoring system is responsible for paying or obtaining the funds for payment of the installation, use, maintenance, or other costs associated with the system. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Sep 15, 2021

SB 74: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO SPECIAL FUNDS.

This Act relates to the police and fire pension fund provisions of Chapter 7, Title 18 of the Delaware Code. The Act clarifies that an eligible retiree must be alive on July 1 of each biennial payout year in order to receive the payment provided for in Section 708 of Chapter 7.

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.

Bill results