Sen. Dave Wilson

This bill provides a mechanism to grant pension increases to retired State Employees, retired Judges, and retired “New” State police. This bill dedicates a minimum of 2.33% of payroll to be deposited annually to the Post Retirement Fund. This bill also provides for a pension increase as determined by the Board of Pension Trustees.

This bill modernizes the fees agents who sell Delaware State Park permits and Surf Fishing Vehicle permits may now impose. Licensing agents may now add a service charge of up to $2.50 for a state park permit, and a service charge of up to $5.00 for a surf fishing vehicle permit.

This bill brings Delaware into conformity with national standards on fire safety dampers and smoke dampers. It requires all buildings of public accommodation and shared residential buildings to conform to standards that will ensure life-saving alarms and fire dampening efforts are safe and up to nationally recognized standards.

This act streamlines the appointment process for the Delaware Nutrient Management Commission, expands the definition of dairy farmer to include all cattlemen, consolidates the appointment authorities, and simplifies the number of representatives.

This Act amends the Charter of the Town of Ellendale in the following ways: 1. Replaces the legal description in the Charter, instead referring to the legal description found in the Sussex County Recorder of Deeds. 2. Some technical corrections and updates to antiquated language. 3. Clarifies if a municipal election falls on January 1st, the election will be held on the Second Saturday of January. 4. Clarifies public notice requirements for Special Meetings of the Town Council. 5. Clarifies that in the absence of an ordinance regarding Quorum requirements, Mason’s Rules of Order shall apply. 6. Clarifies that for a Councilmember to lose their seat, the crime being committed must be a felony 7. Public Notice of Council Meetings is to be posted at least one hour prior to the start of the meeting. 8. Removes from the Collection of Town Taxes from the Clerk’s duties, and assigns those duties instead to a Collector of Taxes, as an alternative to the Town Treasurer. 9. In determining late fees, the Town will rely on a fee schedule, rather than 1% per centum per month. 10. Removes certain powers given to the Town by the Charter, such as the prevention of vice, prohibition of gaming, regulating the observance of the Sabbath, and the ability to levy a per capita tax on all eligible voters 11. Removes a $50,000 limit on real estate taxes. 12. The town is now permitted to borrow $100,000 on behalf of the town, as opposed to the previous limit of $60,000. 13. In the Town Budget, it will no longer be required to include the value of supplies and materials on hand. 14. Raises the amount from $5,000 to $10,000 for contracts in which competitive bidding is not required. 15. Annexation requirements now are applicable when the proposed annexation exceeds 10 acres. 16. Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act and the Special Development District Act. 17. Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts. 18. Collect special ad valorem taxes and special taxes related to the municipal development districts. 19. Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any municipal development districts

Delaware’s Motor Vehicle Statutes contemplate for vehicle obstructing traffic enforcement by law enforcement agencies. It is not always possible for law enforcement officers to enforce the right-of-way regulations in areas effectively due to a number of considerations, including officer availability and safety. This bill would enable the state and municipal authorities to enforce right-of-way regulations in identified areas more effectively. This bill only imposes civil penalties for violations and does not impose points on an individual’s driver’s license.

This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services (DHSS) who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry. An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or IV may not be an employee, contractor, or volunteer in any capacity that involves visiting children in their homes or the community or having regular, direct access to children. DHSS, if it chooses, may use its Background Check Center, which processes background checks for individuals working in home-care and long-term care facilities. It differs from the original bill in that it permits DHSS to use its Background Check Center to accomplish these additional background checks, specifies Child Protection Registry status that is disqualifying, and makes other minor technical changes.

This bill makes needed changes to the Lyme Disease Oversight Board by adding 2 members including an infectious disease epidemiologist and a licensed veterinarian or entomology specialist.

This Act abrogates current Delaware law as it presently stands regarding available recovery for damages related to injured or deceased pets that are tortiously injured by a third party or a third party’s animal. Under current Delaware law, including cases such as Naples v. Miller, 2009 WL 1163504, (Del. Super. Ct. Apr. 30, 2009), there are substantial limitations on a pet owner’s ability to recover amounts related to the cost of veterinary bills because animals that are pets in Delaware are treated as property. This Act does not change the status of pets as property but does provide new causes of action to address tortious injury to a pet. Under current law, an owner would only be permitted to recover the fair market value of a pet, regardless of the amount of veterinary bills or expenses related to care stemming from a tortious injury that is inflicted. This Act provides that limitations on such actions apply as they would otherwise apply to actions under Delaware’s common law as it relates to negligence, gross negligence, recklessness, wanton behavior, or intentionally tortious behavior where punitive damages could presently be awarded. This Act would permit an action to be brought by a legal entity that owns an animal that suffers tortious injury, although any limitations presently existing that would apply to a legal entity bringing such a claim would apply. Finally, this Act limits the ability to bring a cause of action under this Act to persons who are lawfully in possession of their pet, pursuant to relevant state, county, or municipal limitations, thus barring actions involving unlawfully possessed animals. This substitute act differs from the original through removal of the cap on recoverable veterinary bills incurred due to a tortious injury inflicted upon a pet. This act also differs from the original through removal of the ability to recover damages related to emotional trauma suffered by a pet owner in the face of negligent, reckless, wanton, or intentional tortious injury. The other sources of relief outlined in the original act remain unaltered. This Act shall be referred to as the Izzy the Cat Act, in honor of a cat that was severely injured due to the tortious acts of a third party. Izzy’s injuries were found to be compensable during an insurance arbitration, but were limited to the “fair market value” of Izzy, which does not capture either the expense of caring for significant injuries to a pet or the emotional impact to the pet’s owner. Izzy’s story is like so many other pets who suffer tortious injury with little recourse for the humans that care for them to be truly made whole. This Act will correct these imbalances in Delaware’s laws, and serve as a deterrent to the sort of behavior that leads to the injury or death of the pets of Delaware’s residents and visitors

This bill creates a special license plate for Combat Veterans.