Sen. Jack Walsh

This Act clarifies the language enacted by Senate Bill No. 139 of the 150th General Assembly (“SB 139”) regarding when dogs may be permitted to run at large. This Act corrects errors in § 1325 of Title 11 and § 3048F of Title 16, by making revisions to conform the Code so it is consistent with the policy changes enacted by SB 139 and the standards of the Delaware Legislative Drafting Manual. Specifically, Section 1 replaces punctuation in § 1325 of Title 11 that was accidentally repealed by SB 139. Section 2 makes the following revisions to § 3048F of Title 16: 1. Redesignates the paragraphs in subsection (a) to avoid undesignated sentences, for clarity. 2. Deletes the definition of “dog” from subsection (a) because the definition is identical to the definition of “dog” in § 3041F of Title 16, which provides definitions for the subchapter that includes § 3048F. 3. Repeals paragraph (b)(3) because the exception for dogs that are under the control of someone who is hunting was added to subsection (a) by SB 139. The repeal of paragraph (b)(3) was intended by, but omitted from, SB 139.

This Act provides all law-enforcement officers the authority to enforce the existing labeling requirements for dumpsters that are in a public road or parking lot. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Section 4513 of Title 21 authorizes the installation and use of monitoring systems to assist in the enforcement of applicable law regarding motor vehicle use of roadways that the Department of Transportation (“DelDOT”) has determined are not suitable for certain commercial or other truck traffic. DelDOT’s determination of which roadways is based on myriad reasons, including vehicle height, weight, or size. This Act renames the monitoring systems to more accurately reflect their purpose. It also clarifies the following: - The purpose of the monitoring system is to assist in enforcing restrictions of trucks on certain roadways that are not suitable for certain commercial or other truck traffic. - Counties and municipalities are authorized to install monitoring systems. - The county or municipality that authorizes the installation of a monitoring system is responsible for paying or obtaining the funds for payment of the installation, use, maintenance, or other costs associated with the system. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act relates to the police and fire pension fund provisions of Chapter 7, Title 18 of the Delaware Code. The Act clarifies that an eligible retiree must be alive on July 1 of each biennial payout year in order to receive the payment provided for in Section 708 of Chapter 7.

The National Highway Traffic Safety Administration (NHTSA) has issued a final rule for odometer disclosure. NHTSA’s final rule became effective January 1, 2021. The new rule extends the age of vehicles exempt from odometer disclosure from 10 years old to 20 years old phasing the exemptions in by adding one year at a time for model year 2011 and newer vehicles. For example, a model year 2010 vehicle would be exempt starting in 2020; model year 2011 and newer vehicles would be exempt starting in 2031. This Act makes Delaware law consistent with the new federal rule. The Act also makes certain technical corrections to make the current law consistent with the Legislative Drafting Manual.

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.

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 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 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.