|SB 54||Passed||Paradee||This bill makes certain technical amendments to the Delaware Voluntary Clean Energy Financing Program Based on Property Assessments (D-PACE) Act. The amendments are based upon comments received from New Castle County and the lending community. The bill clarifies the interplay between the Act and existing tax and foreclosure sale statutes and that the lien for the energy improvements will remain with the property following a tax monition sale and mortgage foreclosure. It also clarifies the authority of the Sustainable Energy Utility and third party capital providers to enforce the lien for delinquent assessments for clean energy improvements.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM BASED ON PROPERTY ASSESSMENTS (D-PACE) OR OTHER LOCAL ASSESSMENT STATUTE.|
|SB 56||Signed||Sturgeon||This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools.||AN ACT TO AMEND THE DELAWARE CODE RELATING TO EDUCATIONAL OPPORTUNITY FUNDING.|
|SB 57||Signed||Paradee||This Act amends the Charter of the Town of Wyoming (“Charter”) to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act:
(1) Section 1 changes when newly elected Town Council members take office. Instead of waiting from the date of the election in February until May to take office, new council members would take office at an organizational meeting to be held as soon as possible following the sixth day from the certification of the election.
(2) Section 2 simplifies the process for filling a vacancy on Town Council.
(3) Section 3 is correlated with Section 1 and clarifies when new council members take office. Additionally, this Section establishes at will employment for all employees who do not have an employment contract.
(4) Section 4 clarifies that the Mayor is authorized to vote as a member of Council in all situations and not just to break a tie and establish a majority vote.
(5) Section 5 authorizes the Town to hire a Police Chief pursuant to an employment contract and allows the Town to not renew an employment contract without a finding of just cause or holding a hearing under Chapter 93 of Title 11 of the Delaware Code.
(6) Section 6 establishes procedures for the Town to hire a Town Manager.
(7) Section 7 authorizes the Town to issue quarterly supplemental tax assessment invoices for those properties that have had quarterly supplemental tax assessments completed by Kent County. Invoices paid within 30 days of the mailing of the supplemental tax invoice are to be given a 3% discount, and any invoices paid more than 90 days after the mailing of the supplemental tax invoice are subject to penalties and collection procedures outlined in the Charter.
(8) Section 8 allows the Town to make allowances for delinquent taxes. This Section amends the Town’s ability to recover costs associated with collection proceedings to more closely reflect the monition method of collecting outstanding taxes. This Section clarifies that costs or assessments are subject to the lien process.
(9) Section 9 authorizes the Town to enforce the removal of snow, ice, and dirt from sidewalks and gutters and authorizes the Town to assess individual members of a homeowners’ association for expenses incurred by the Town to bring property owned by the association into compliance with Town and State laws when the homeowners’ association fails to pay the amounts or has ceased to operate.
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.
Finally, this Act makes technical corrections to conform the Charter to the standards of the Delaware Legislative Drafting Manual. ||AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING.|
|SB 61||Signed||Ennis||The Agricultural Lands Preservation Act allows existing farm structures that are no longer in use, but which existed when the farmland was placed in the preservation program, to be converted to use for public gatherings under specific limitations. Experience has shown that these existing limitations do not adequately allow for renovation and modernization of these farm structures to accommodate the public gathering uses. This Act provides flexibility so a farm owner may upgrade the otherwise unused farm structures, while continuing to provide protection regarding agricultural activities conducted on the farmland.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RELATED USES OF FARM STRUCTURES IN AN AGRICULTURAL PRESERVATION DISTRICT.|
|SS 1 for SB 59||Out of Committee||Townsend||This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.
||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEMBERSHIP OF THE PRIMARY CARE REFORM COLLABORATIVE.|
|SB 39||Signed||Gay||This bill clarifies that Probation Before Judgment (PBJ) may be entered for multiple charges arising from a single arrest. Changes to the legislation also allow for a defendant to be permitted Probation Before Judgment more than once in a five year period so long as offenses are in different titles of the Code. For example, a defendant who was granted PBJ in 2017 for speeding (title 21) would be eligible for PBJ on a title 11 charge (e.g. bad check) or title 4 (e.g. underage consumption of alcohol) in 2019.
This bill also allows persons who have been adjudicated delinquent of a crime as a juvenile to be eligible for Probation Before Judgment.
||AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION BEFORE JUDGMENT.|
|HCR 13||Passed||Heffernan||This concurrent resolution celebrates the 109th anniversary of the Girl Scouts of the USA and 59th anniversary of the Girl Scouts of the Chesapeake Bay Council, and proclaims 2021 as the “Year of the Girl” in the State of Delaware.||CELEBRATING THE 109TH ANNIVERSARY OF THE GIRL SCOUTS OF THE USA, THE 59TH ANNIVERSARY OF THE GIRL SCOUTS OF THE CHESAPEAKE BAY COUNCIL, AND PROCLAIMING 2021 AS THE "YEAR OF THE GIRL" IN THE STATE OF DELAWARE.|
|SS 1 for SB 24||Passed||Hansen||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.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.|