Sen. Dave Lawson

This Act provides a senior discount for residents and non-residents 62 years of age and older, for a conservation access pass, and a life-time conservation access pass for Delaware residents, 65 years of age and older, consistent with current senior discounts for access fees to Delaware State Parks.

This Act changes the definition of tavern from an establishment with a special space and accommodation for sale of beer by the glass for consumption on the premises to an establishment with a special space and accommodation for sale of beer and wine in single servings. The Act also revises § 513 to allow any person in charge of a tavern to apply to the Commissioner for a license to purchase from an importer and to receive, keep and sell beer and wine instead of only beer. The beer and wine must be consumed on the premises where sold.

This Act creates a tuition reimbursement program for volunteer firefighters, similar to already existing programs for law enforcement officers and National Guard members. Pursuant to this program, active volunteer firefighters may be reimbursed for tuition for 2 undergraduate level courses or one masters level course per semester at any Delaware college or university. The State Fire Prevention Commission is charged with promulgating rules and regulations and administering the program.

The intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering. Exceptions are provided for the following: - A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract. - A hot air balloon that is recovered after launching. - A balloon that is released and remains indoors. - A balloon that is filled with water for recreational purposes and recovered after recreation. - A balloon that is negligently or unintentionally released. Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows: - The first violation is subject to a civil penalty of at least $25. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation. The mass release of balloons is penalized as follows: - A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service. Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original Senate Bill No. 24 by doing the following: - Making clarifications to the synopsis and the notice to be posted by retail or wholesale establishments. - Providing delayed enforcement for individuals who violate the prohibition of littering with 1 to 4 balloons or the mass release of balloons on or before April 30, 2022. Persons who are not individuals, such as organizations, are subject to the penalties under this Act immediately upon the effective date of this Act. This Substitute also makes technical corrections that were missed in the original Senate Bill No. 24.

If a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials.

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.

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 amends the Charter of the Town of Smyrna ("Charter") to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act: Section 1 clarifies that when property is annexed into Town, included in the annexation are all adjacent streets, roads, and alleys, up to the center line. Section 2 authorized the Town to impose a lodging tax of up to 3% on hotels, motels, and tourist homes. Section 3 authorizes the Mayor to appoint town officers to terms that mirror the remainder of the Mayor's term. Section 4 clarifies the procedures for abandoning and vacating streets and alleys, including the disposition of abandoned or vacated streets or alleys to adjoining property owners. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act codifies procedure for the appointment of a County Administrator by the Kent County Levy Court and specifies the powers and duties of that position. Section 2 of the Act strikes Section 5001 of Title 9 relating to Kent County because it is a duplicate of existing Section 4117 of Title 9. Section 3 strikes 4112 relating to employment of county officers, as authority over hiring is now vested in the County Administrator pursuant to new Section 4108(d)(1). Section 4 updates the provision relating to the Kent County Engineer so that position is hired by the County Administrator rather than the Levy Court.