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.
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.
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.
Section 1 establishes the Town’s authority to enact the laws of the Town, its ability to sue and be sued, and its perpetual succession. Section 2 clarifies that the Town’s boundaries are automatically amended when annexations are approved. Section 3 makes minor clarifications to the Town’s annexation procedures. Section 4 corrects the numbering of the paragraph and authorizes the Town to publish an annexation notice to give interested parties 60 days to challenge an annexation. Section 5 eliminates the requirement that a candidate for the Town Commission must be current on all taxes. This section establishes the criteria upon which to determine if someone is domiciled in Town. Commissioners may be reimbursed for expenses incurred performing their Town duties, and they may receive a flat fee for attendance at town meetings. Section 6 establishes procedures for holding municipal elections, including the conduct of elections, election notices, voting procedures, voter qualifications, absentee ballots, uncontested elections, and election results. Section 7 creates regulations governing the establishment and operation of the Board of Elections. Section 8 creates the office of Vice President and replaces the office of Town Clerk with Town Secretary and Public Works/Building Inspector with Land Use Administrator. The duties of all the different town officers are outlined in the section, along with the duties of the Town Solicitor and Auditor. This section authorizes the Town to establish a police force, including the hiring of a Police Chief. Section 9 revises the titles of the Town officers to be consistent with the offices established in Section 8. Section 10 establishes the Town’s ability to impose impact fees on new construction. The Town’s borrowing procedures are enhanced to authorize the Town to borrow up to $25,000 pursuant to a majority vote of the Commission. Amounts borrowed in excess of $25,000 require a public referendum, and the Town’s borrowing limit is set at $500,000. Section 11 creates consistency in the use of the title of the Land Use Administrator and eliminates an obsolete code reference. Section 12 creates consistency in the use of the title of the Land Use Administrator. Section 13 authorizes the Town to regulate nuisances, including the abatement of such nuisances and the recovery of associated costs. This section authorizes the Town to regulate businesses by granting franchises and imposing taxes, licenses, and permits on businesses. Section 14 authorizes the Town to establish the Town’s regular meeting times by resolution and eliminates justifications for holding closed meetings that have since been codified in Chapter 100 of Title 29 of the Delaware Code. Section 15 replaces a reference to Town Clerk with Town Secretary. Section 16 establishes the fiscal year of the Town, clarifies that the Treasurer prepares the initial budget draft, and outlines what the contents of the budget draft should include. Section 17 clarifies the Town’s tax collection procedures by requiring the assessment appeals to be heard annually by June 30 and requiring the assessment list to be posted on the town website and in just one public place. This section clarifies the Town’s ability to collect additional amounts owed to the Town as part of the tax collection process. Section 18 creates a lien of 10 years for all amounts on the assessment lists, which lien can be lengthened if the person against whom the outstanding amounts were assessed still owns the property. The Town is required to send written notice to the property owner prior to initiating collection procedures, and the Town is authorized to use the monition method to collect taxes. The Town may recover all expenses incurred in a collection proceeding. Section 19 eliminates a reference to the Public Works/Building Inspector, which position is being removed from the charter. Section 20 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator. Section 21 corrects an erroneous section reference. Section 22 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator. Section 23 eliminates the Town’s powers pertaining to maintaining a sewer system. Section 24 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator and creates numbered sections. Section 25 replaces a reference to the Public Works/Building Inspector with a reference to the Land Use Administrator and creates numbered sections. Section 26 eliminates certain sections that have been relocated to other areas in the charter. This section requires anyone intending to bring a lawsuit against the Town to provide the Town with notice of the lawsuit within one year of the occurrence. This section authorizes a court or administrative agency to award the town its costs and legal fees if the Town is the prevailing party in a legal action to enforce an ordinance or recover an amount owed to the Town. All existing ordinances, acts, taxes, powers, and bonds of the Town are to be unimpaired by the charter amendments.
Delaware’s Power of Attorney statute requires a notary to verify the signature on a document. Many financial institutions have difficulty having the customer appear before a notary for that notarization. There are several electronic signature verification processes that are available to businesses. This bill would create a Power of Attorney for motor vehicle business that would allow for electronic signature verification if the verification system is acceptable to the Department. This bill will enable businesses of all sizes to accelerate document turnaround time and reduce costs, while ensuring document security and privacy. The revised bill clarifies when a power of attorney becomes valid, the duration of the power of attorney, and removes any potential conflict with an appointed guardian’s responsibilities.
This Act provides for the establishment of stormwater maintenance districts in New Castle County and for the collection and use of stormwater maintenance fees to help pay for maintenance in the districts. This Act is modeled on Chapter 52 of Title 9 that has allowed Kent County to create stormwater maintenance districts and differs only in format for clarity and to conform to the standards of the Delaware Legislative Drafting Manual. Under this Act, New Castle County will adopt an ordinance that provides the procedures and criteria related to the establishment of stormwater maintenance districts. The adoption of the ordinance is required to implement this Act. Once this Act is implemented, it is mandatory that any new subdivision or land development in any unincorporated area in New Castle County establish a stormwater maintenance district, if required to do so under the implementing ordinance. Subdivisions and land developments in existence when this Act is implemented may petition the county government to declare the area a stormwater maintenance district. A stormwater maintenance district may be established within an incorporated area, but only with the concurrence of the local governing body.
Currently, there are police officers in this State that are not covered by the Police Officers’ and Firefighters’ Employment Relations Act meaning that they do not possess the right of organization and representation. The purpose of this bill is to allow certain law enforcement officers, including supervisors, currently not covered by the Act to have the right of organization and representation. This bill only makes those officers not currently covered by the Act eligible to organize and be represented under the Act. The Act is not intended and should not be construed to affect the rights of any public employer, police officer, or firefighter already covered by the Act.
This Act provides that the County Attorney of New Castle County, consistent with other department directors of New Castle County government, is appointed by the County Executive with the advice and consent of the New Castle County Council. Pursuant to § 1391 of Title 9, the Office of Law provides legal advice to the County Executive, County Council, and County departments, boards, offices, and agencies. This amendment would require the advice and consent of the County Council in the appointment of the County Attorney. Consequently, this proposed amendment would safeguard against unequal preference to either branch of government when advice is provided.
This Senate Joint Resolution creates a one-time, Toll Violation Amnesty Program (Amnesty Program) to provide a 3 month long opportunity for people to satisfy toll debt that is in collection from toll violations that occurred on I-95 and SR 1. The Amnesty Program will collect funds that the State would probably otherwise never receive. Each year, the Department of Transportation collects over $190 million from over 70,600,000 toll transactions on I-95 and SR 1. However, Delaware is owed over $143.4 million in toll debt from unpaid tolls, penalties, and fees from toll violations on these highways. The most recent 3-year average collection rate of toll debt is 8.4%. In addition, financial incentives can increase the voluntary payment of fines and high administrative fees and financial costs have a disparate impact on people who are poor and can discourage people from making payments towards their toll debt. Under state law, each toll violation results in an administrative fee of $25.00; a civil penalty of $25.00; and for violations that occurred after January 31, 2017, a $10.00 fee for the Volunteer Ambulance Company Fund and a $15.00 fee for the Fund to Combat Violent Crimes. In addition, a civil penalty surcharge of $12.50 is added for each toll violation that remains unpaid after 42 days. Thus, a driver who fails to pay a $1.00 toll is initially assessed $51.00 in toll debt, which increases to $88.50 if it is not paid within an additional 42 days. The Amnesty Program is structured to collect at least as much revenue as Delaware collects annually in toll debt that is in collections. Toll violations that occurred on I-95 and SR 1 between January 1, 2014 through April 30, 2020 are eligible for the Amnesty Program and notice of the Amnesty Program will be provided to each person with eligible toll debt. The Amnesty Program will operate for 3 months. The Amnesty Program will not apply retroactively. To satisfy toll debt under the Amnesty Program, a person must pay the full amount of the tolls owed and an amnesty fee. The amnesty fee reduces the amount due from fees and penalties and is established under this Senate Joint Resolution in amounts based upon the number of toll violations included in the toll debt. For example, a person with 9 toll violations can satisfy their $796.50 toll debt by paying $69.00 and a person with 496 toll violations can satisfy their $43,896.00 toll debt by paying $1,306.00. Instead of a flat fee per violation, the Volunteer Ambulance Company Fund and the Fund to Combat Violent Crimes will each receive a portion of each amnesty fee that is collected during the Amnesty Program, and it is anticipated that each fund will receive a total payment that is equal to or greater than the amount these funds would anticipate receiving through the regular collections process.
This Act amends Title 31 to allow the Superior Court to remand administrative hearing decisions after they have been reviewed on appeal for further factual findings or other proceedings as ordered by the Superior Court. In the absence of a remand decision, the Court is bound by the findings below, and has no ability to seek clarification of factual findings or to safeguard the procedural interests of the underlying parties. This Act provides the Superior Court with the type of flexible and nuanced approach it is able to employ under the Administrative Procedures Act.
This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly.
This Act provides that the amount of ordinary or disability pension payable to a 9-1-1 operator includes 2.45% of the 9-1-1 operator's final average compensation multiplied by years of service above 25 years, the same multiplier as applied to corrections officers and specified peace officers. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual.
