This bill expands the list of persons eligible to participate in the Ada Leigh Soles Memorial Professional Librarian and Archivist Incentive Scholarship Program to include employees of non-public libraries in Delaware that join the Delaware Library Consortium.
This Act provides clearer language concerning security alarm business license and identification requirements for both businesses and individuals; gives vendors a clearer understanding of prohibited acts, discipline and penalties; and grants the Professional Licensing Section the ability to promulgate regulations, conduct inspections and additional powers needed to oversee this chapter.
This bill eliminates the sunset provision on the “at-store” recycling program for plastic bags. The program established in 2009 included a sunset provision until 2014. In 2014, the General Assembly extended that sunset provision to 2017. This bill eliminates the sunset provision permanently to encourage the continued routine for consumers to recycle plastic bags through “at-store” programs. The bill will also require all stores subject to the requirements of this section to register by June 30, 2018, and provide information to DNREC regarding compliance on a form to be provided by DNREC.
This bill creates a new type of liquor license for beer gardens. Beer gardens are outdoor venues that operate at least 5 months, of each year and are independent of any other licensed establishment. The licensing and operation of beer gardens provides new business creation opportunities and a chance to enhance retail areas in Delaware. However, the General Assembly is also mindful of concerns that by creating a license for outdoor space, existing businesses could be affected. For this reason, the definition of a beer garden includes stringent requirements that will limit the number of establishments that could be eligible for a license issued pursuant to this Act. The biennial fee for a beer garden license is set at $2,000.
This Bill adds 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700) to Schedule I of the Uniform Controlled Substances Act. U-47700, also known as “Pink,” is a synthetic opioid recently encountered by law enforcement and public health officials and is being abused for its opioid properties. It is available over the Internet and is marketed as a “research chemical.” The safety risks to users are significant and the public health risks include large numbers of drug treatment admissions, emergency room visits and fatal overdoses. On November 14, 2016, the Federal Drug Enforcement Agency temporarily placed U-47700 in Schedule I for a two-year period, finding that this synthetic opioid has a high potential for abuse, no currently accepted medical use in treatment in the United States and lacks accepted safety for use under medical supervision. By Emergency Order dated December 15, 2016, the Secretary of State temporarily placed U-47700 in Schedule I. This Order is effective for 120 days. The permanent addition of U-47700 to Schedule I is required in the interest of public protection.
This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware. This Act was developed through the Title V Operating Permit Program Advisory Committee. The existing statutory authorization for the fees sunsets December 31, 2017. The fees are based on the number of staff hours spent on permitting, compliance, and enforcement for each facility and the facility’s air emissions. This Act authorizes the Department of Natural Resources and Environmental Control to collect annual fees for calendar years 2018 through 2020 at which point the authority sunsets. This Act also removes previous language and requirements to complete a Title V Operating Permit Program Management Review. The program management review was completed and a final report was issued in April 2017. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee. First, this Act adds language to establish the circumstances under which Trustees of the Delaware Agricultural Lands Preservation Foundation may be removed, using language standard to boards and commissions in this State. Second, this Act limits review of a preservation easement after 25 years of the easement's acquisition to only easements that were acquired before the enactment of this Act. Preservation easements acquired after the enactment of this Act are not subject to termination under § 917 of Title 3. Third, this Act corrects an internal reference, and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill makes the following amendments to the Charter of the Town of Milton: 1) Removal of an outdated metes and bounds description, in recognition of the current Town Map and recordation of any changes to the Town boundaries; 2) Use of a Special Review Committee for annexation petitions, with that committee having a member of the Planning & Zoning Commission and two Councilmembers, rather than three Councilmembers; 3) Uniformity in use of the term “Mayor and Town Council”; 4) Uniformity in reflecting administrative authority resting with the Town Manager or designee, and thus removal of vestiges from when the Town Clerk was the highest administrator; 5) Change of newspaper notice provisions from three newspapers to one newspaper plus publication on the Town website; 6) An update of the Town’s election procedures to reflect the State Constitution and the Delaware Code, including the Election Officers’ duties and a reduction of the residency requirement from 60 days to 30 days before the election; 7) Inclusion of a procedure to update the Town’s voter rolls; 8) Revision to the terms used for multiple Council meetings to avoid confusion with FOIA; 9) An adjustment to the Mayor’s and Councilmembers’ compensation per meeting; 10) Inclusion of authority for the Town to solicit letter quotations from at least three qualified responsible providers for materials or services between $5,000 and $20,000, when full competitive bidding is not often cost-effective; 11) Express adoption of the Code of Conduct in the Delaware Code; 12) Express adoption of FIOA’s definition for “public records” for inspection; 13) Removal of the alternative title of “Town Administrator” for the Town Manager; 14) Discretion in whether the Mayor and Council hire a Town Clerk, as opposed to the requirement of hiring a Town Manager; 15) Revisions to the management of the Police Department, including expressly providing that: a) the Mayor and Council establish the Department’s duties, which the Police Chief then directs; b) that direction to members of the Department be given through the Police Chief; c) that the Chief reports to the Town Manager for financial duties; d) that the Department shall preserve peace and order in Town limits and within one mile thereof; and e) that the Department need not take a person arrested to SCI, since other facilities, such as the Stevenson House for juveniles, may be the proper facilities; 16) Removal of the requirement that a costly full Town assessment be performed every ten years, and instead, that the Mayor and Council review the Town Assessor’s report each year; 17) Removal of the authority to tax vacant commercial structures in the Town Center District; 18) Reduction of the interest on delinquent property taxes from 2% per month to the legal rate in 6 Del. C. Section 2301; 19) Removal of the Town Manager’s liability on his or her bond for failure to account for uncollected taxes unless there is a showing of pursuing all remedies unsuccessfully; 20) Reduction of the redemption period following a tax sale from one year to 90 days, which is more comparable to the counties’ 60-day period; 21) Adjustment in the authority to establish fines, increasing the maximum to $2,500, except that fines for violations relating to historic preservation may exceed that amount; 22) Reduction of the maximum indebtedness of the Town for bonds and securities from 25% to 5% of the total assessments in Town; and 23) Expansion of the eligibility to vote in a special referendum regarding bond issuance to include resident non-property owners.
This Act establishes the ability to grant a waiver for participation in interscholastic sports when a child exercises the right for choice from one school to another school of choice provided the standards for the waiver are met. In addition, this Act takes into consideration a new charter school or newly added grades to a charter school.
The Board of Pension Trustees has established policies and practices for the administration of the Delaware Public Employees Retirement System. Based on the recommendations of the Board’s Best Practices review, this Act will codify some of these policies and practices. The Act also indemnifies committee members and clarifies the frequency of Board meetings and authorized methods of communication for obtaining quorum and voting.
This Act extends the Office of Foreclosure Prevention and Automatic Residential Foreclosure Mediation Program an additional two years, from January 18, 2018 until January 18, 2020. The Office of Foreclosure Prevention and the Automatic Residential Foreclosure Mediation Program were originally scheduled to sunset on January 18, 2014, two years after their enactment. The sunset date was extended to January 18, 2018 (six years) in 2013 via 79 Del. Laws c. 27 (House Bill No. 40, as amended by Senate Amendment No. 1, 147th General Assembly).
This bill would require that a resident 65 years of age or older claiming a tax credit against school taxes must be a resident of the state for at least 10 years before qualifying for such credit. The current requirement is only for 3-year residency. This bill makes a conforming change in the Code provision governing reimbursements from the General Fund. It also eliminates language related to 2001 taxes, which is no longer relevant. This change will be effective for tax and fiscal years after January 1, 2017. Those residents who would have become eligible over the last three years under the prior version of the statute will remain eligible.
