This Act amends the City of Rehoboth Beach’s Charter by making all of the following changes requested by The Commissioners of the City of Rehoboth Beach (Rehoboth Beach): 1. Adds qualifications for candidates to be eligible for election or appointment to serve as a member of The Commissioners, including the Mayor, and requires a candidate to file an affidavit of eligibility attesting that the candidate meets the required qualifications. A candidate for election or appointment must meet all of the following qualifications: - The candidate is not a spouse, domestic partner, or cohabitant of a serving member of The Commissioners. - The candidate does not share a financial interest with a serving member of The Commissioners 2. Eliminates mileage reimbursement for non-resident Commissioners. 3. Updates the process for fixing the salaries for members of The Commissioners, including the Mayor, by allowing The Commissioners to fix the salaries by ordinance. An ordinance to increase salaries may not take effect earlier than 6 months after the ordinance is adopted. 4. Eliminates the Mayor’s civil and criminal jurisdiction because Rehoboth Beach has an Alderman and Assistant Alderman with civil and criminal jurisdiction. Also eliminates the Mayor’s duty to keep a docket of official acts and to report fines the Mayor imposes because the Mayor’s Court is eliminated. The Alderman and Assistant Alderman are required to record all official acts in the Alderman’s docket. Also, information regarding actions taken by the Mayor and the other Commissioners is available on Rehoboth Beach’s public website. 5. Adds a new subsection under Section 13 of the Charter to clarify that the Mayor retains the power to solemnize marriages in Rehoboth Beach, even though the Mayor’s Court is eliminated. 6. Eliminates the penalties for the Mayor failing to return documents and moneys belonging to Rehoboth Beach at the end of the Mayor’s term. Due to advancements in technology, the Mayor does not physically hold moneys belonging to Rehoboth Beach and documents belonging to Rehoboth Beach are stored electronically. 7. For violating an ordinance, increases the maximum fine from $500 to $2,500 and removes the penalties of imprisonment and being ordered to work while imprisoned. 8. Updates the Auditors of Accounts section to do all of the following: - Require the appointment of 1 certified public accountant or accounting firm to serve as an independent Auditor of Accounts (Auditor) for a 5-year term. - Prohibit reappointment of an Auditor until the expiration of 5 years since the Auditor last served. - Remove the requirement that the Auditor to be a substantial freeholder in Rehoboth Beach. - Change publication of the auditor’s report from a newspaper to the Rehoboth Beach website. 9. Removes the minimum valuation for real estate or improvements subject to assessment. 10. Adds the option for Rehoboth Beach to adopt county assessments for municipal tax purposes in compliance with Chapter 11 of Title 22 of the Delaware Code. 11. If Rehoboth Beach does not adopt county assessments, requires the Tax Assessor must reassess property at least every 5 years, to mirror the county reassessments required under § 8306 of Title 9 of the Delaware Code. 12. Updates the deadline for certification of a quarterly supplemental tax list to match Rehoboth Beach’s fiscal year. 13. Requires Rehoboth Beach to calculate the rolled-back rate and to provide notice of the difference between the rolled-back rate and the tax rate set by The Commissioners, as provided in § 1105 of Title 22 of the Delaware Code. 14. Changes the deadline for preparing the City Budget from May to March and changes the deadline for levying annual taxes from June to March because Rehoboth Beach’s fiscal year begins on April 1. 15. Updates the process for fixing the compensation or salary for Rehoboth Beach’s employees, officers, and agents, other than the members of the Commissioners, to conform with modern practices. Salary or compensation is fixed in the City Budget instead of at the annual meeting. 16. Removes The Commissioners’ powers to do all of the following because the powers are no longer relevant to present day and are no longer exercised by The Commissioners: - Regulate the observance of the Sabbath Day. - Establish and regulate pounds. - Prohibit or impound wild or domestic animals. - Impose taxes on dog owners. - Collect a per capita tax on all persons who are qualified to vote in the annual municipal election. 17. Changes the cap on real estate taxes from $3,000,000 to 0.1% of the fully assessed value of all real estate located in Rehoboth Beach. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including reorganizing paragraphs, deleting redundant language, correcting typos and misspellings, fixing tabulation, and editing outdated or unclear language. The changes to Sections 7, 29A, and 38 of the Charter are technical changes and not substantive changes. These changes to these Sections to fix typos and misspellings, correct internal references, use consistent terms, and reorganize the Sections so that the language is more clear. 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.
This Act clarifies that quorum does not define the identity of a public body. Under rules of parliamentary procedure like Mason’s Manual or Robert’s Rules of Order, quorum is used to determine whether enough of a body is present to conduct business. Under Delaware’s Freedom of Information Act (FOIA), quorum is used to determine whether a public body is holding a “meeting” as defined under FOIA and therefore required to comply with open meeting requirements. However, quorum is not, under parliamentary procedure or FOIA, dispositive to determining the identity of the public body that is meeting. The governing document that creates the body determines the identity of the body under parliamentary law and that, in addition to an examination of the actual public business being conducted, will guide answers to questions about the identity of the public body for purposes of FOIA.
This Act makes a technical correction to the specific persons who can access a fingerprint-based background check under this chapter in order to comply with the requirements of Public Law (Pub. L.) 92-544 for access to FBI criminal history record information.
This Act repeals the ability of school districts to increase tax rates by up to 10% when recalculating the district’s rate of taxation after a general reassessment. This Act does not repeal the requirement under § 1916(b) of Title 14 that a school district recalculate the district’s rate of taxation after a general reassessment, but instead of the 10% maximum, limits the amount of money a district can collect as a result of increases in the fair market value of real property to an amount that is equal to or less than the sum of all of the following: 1. The actual operating revenue derived by the tax levied in the fiscal year immediately preceding the general reassessment. 2. A percentage that is equal to the average growth rate in taxable property in the district since the previous reassessment. This Act also allows school districts to increase a tax approved in a referendum election under Chapter 19 of Title 14 by up to 2% annually without a referendum if the district’s operational reserve balance is not more than 10% of the district’s annual revenue and it is not the same fiscal year that the rate of taxation is recalculated after a general reassessment. This authority will allow school districts to maintain services for students by gradually adjusting to challenges such as inflation, enrollment changes, and increased student needs. Under this Act, the new recalculation equation under § 1916(b) of Title 14 applies beginning for the fiscal year following the next general reassessment and a school district cannot begin to increase tax rates by no more than 2% without a referendum until after the next general reassessment or for fiscal year 2031, whichever is earlier. This Act does not do any of the following: • Allow school districts to levy an additional tax that is more than 2% without an approved referendum. • Change the differences under current law for tax rates for vocational-technical districts. Under current law and this Act, vocational-technical districts are required to use the same calculations as other school districts when recalculating the rate of taxation after a general reassessment. However, the tax authority for vocational-technical districts is under Chapter 26 of Title 14, not Chapter 19, so the authority to annually increase a tax rate by 2% does not apply to vocational-technical districts. This Act also makes the following corresponding and technical changes to Chapter 19 of Title 14: • Revises the definitions in § 1901 by adding “general reassessment” and “reassessed” as defined terms and updates the definition of “district” to reflect current school district boundaries. • Clarifies that if Chapter 26 applies to a school district, the ability of a district to levy an additional tax under § 1902(a) does not apply to that district. • Technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act limits the restrictions a county may impose on the operation of marijuana establishments as follows: • Requires that a medical marijuana compassion center that was granted a conversion license for a retail marijuana store under § 1335B of Title 4 must be allowed to operate the retail marijuana store as a nonconforming use. • Prohibits the denial of a building permit to a licensee under § 1335B of Title 4 if the improvements comply with the physical requirements for property zoned for that use. The nonconforming use laws for each county, § 2610, § 4920, and § 6920 of Title 9 all prohibit structural alterations if a building is a nonconforming use but § 1335B(a)(1) requires that a conversion licensee continue to operate the location as a medical dispensing location. Thus, it is extremely likely that a compassion center with a conversion license for a retail marijuana store will need to make structural alterations to operate both as a medical dispensing location and as a retail marijuana store. • Requires that a county must allow the minimum hours of operation for a retail marijuana store to be 9 a.m. until 9 p.m. on Mondays through Saturdays and noon until 8 p.m. on Sundays. • In areas zoned for agricultural or industrial use, indoor, fully enclosed cultivation facilities may not be prohibited. • In areas zoned for commercial or industrial use, retail marijuana stores may be prohibited from operating only within a ½ mile of another retail marijuana store and within 500 feet of a place of worship, school, licensed child care, residential treatment facility, park, or library. The limits on county restrictions under this Act preempt and supersede all existing and future county ordinances or regulations regarding the operation of marijuana establishments. Section 2 makes corresponding changes to § 1351 of Title 4 so that section applies only to municipalities. This Act also makes technical changes to use consistent language in subsections (a) and (b) of § 1351 and § 1351A. Under § 1302(17) of Title 4, “‘marijuana establishment’” means all 4 types of entities licensed under Chapter 13 of Title 4.
