| HB 80 w/ HA 1 | Signed | Schwartzkopf | This bill provides that for correction officers and specified peace officers, the amount of ordinary service or disability pension benefits given to state employees shall also include the following: (1) Before January 1, 2022, 2.45% of his or her final average compensation multiplied by years of service above 25 years; (2) On January 1, 2022, 2.5% of his or her average compensation multiplied by the number of years of service up to 20 years, plus 3.5% of his or her average compensation multiplied by the number of years of service above 20 years. The increased multipliers that take effect on January 1, 2022, reflect increased costs, reduced benefits, and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%. Specified peace officers means (1) Probation and parole officers employed by the Department of Correction; (2) Capitol Police officers; (3) Department of Natural Resources police officers; (4) University of Delaware Police; (5) State Fire Marshal officers; (6) Division of Alcohol and Tobacco Enforcement agents; (7) Justice of the Peace Court constables; and (8) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth and Their Families. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN. |
| SB 154 | Signed | Gay | This Act repeals the outdated requirement for the Department of Services for Children, Youth & Their Families (DSCYF) to seek approval before “mixing” youth who have been adjudicated delinquent with youth who do not have a delinquency history in the same facility. The mixing statute was codified in 1987, and since then, DSCYF has developed rigorous safety protocols and uses evidence-based assessments to determine appropriate placements for children in the care of the department. The current practices of DSCYF have eliminated the need for mixing approval, which in some cases require DSCYF to seek a court order. In addition, the Family Court conducts regular review hearings for youth in DSCYF custody, allowing opportunities for the department, the child’s attorney, the child (if age appropriate), and the judicial officer to monitor many factors relating to the child’s placement, including safety.
This Act retains the prohibition on dependent or neglected children being placed in a detention facility unless charged with or found to have committed a delinquent act. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROCEDURE IN THE FAMILY COURT IN THE STATE OF DELAWARE. |
| SB 160 | Signed | Poore | This allows a policy to be purchased by the Insurance Coverage Office to cover cancer for active Volunteer Firefighters, Paid Firefighters, Fire Marshals, Fire Instructors, Fire Police, EMTs, and Paramedics of the State of Delaware exclusive of those in private sector. This policy will be funded by an assessment calculated based on reporting of gross premiums by insurers writing certain lines of insurance under § 705 of Title 18. The benefits will provide a lump sum for early and advance stages of cancer and monthly income benefits for 36 months. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE AND LINE-OF-DUTY DISABILITY POLICIES FOR CERTAIN EMERGENCY RESPONDERS. |
| SB 173 w/ SA 1 | Signed | Lopez | This Act is a comprehensive update to the Charter of Dewey Beach that makes both substantive and technical revisions to diminish instances of ambiguous language and eliminate the use of archaic terms and duplicative provisions.
This Act makes technical changes to update the terms used to identify Town Commissioners and the Town Council and to conform existing law to the standards of the Delaware Legislative Drafting Manual, including changes so that language is gender neutral.
This Act makes the following substantive changes to the Charter of Dewey Beach:
1. Recognizes that among various traditional municipal goals, Town Council shall consider measures to maintain resiliency in the face of our changing global climate.
2. Clarifies the eligibility of municipal voters and officeholders and the functions of the Election Officials.
3. Clarifies that the form of municipal government is that of a Town Council and Town Manager, as well as the roles of each.
4. Clarifies the employment procedures and supervision of the Town Manager and other municipal employees.
5. Clarifies that the Police Chief reports directly to the Town Manager.
6. More fully specifies the responsibilities of the Beach Patrol Captain.
7. Increases the aggregate amount the Town Council may borrow from $1,500,000 to $3,000,000.
8. Increases the amount of a contract that is not required to be bid from $2,000 to $5,000.
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 charter issued to a municipal corporation. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF DEWEY BEACH. |
| SB 174 | Signed | Lopez | This Act amends the Charter of The Town of Milton. Specifically, this Act does all of the following:
(1) Updates the referenced Town Map.
(2) Revises the annexation process for the Town.
(3) Authorizes the Town to contract with the Sussex County Department of Elections for voter registration.
(4) Creates parameters for any proposed sale, exchange, interconnection, or disposal of the Town’s water system.
(5) Provides an exception for the need to hold a referendum if the government funding source is providing 100% principal forgiveness on the loan for a municipal project.
This Act allows the Mayor and Town Council of The Town of Milton to do all of the following:
(1) Exercise the powers given other municipalities as set out in the Municipal Tax Increment Financing Act, Chapter 17 of Title 22 of the Delaware Code, and the Special Development District Act, Chapter 18 of Title 22 of the Delaware Code.
(2) Enter into certain contracts without competitive bidding in connection with municipal tax increment financing and special development districts.
(3) Collect special ad valorem taxes, special taxes, and ad valorem taxes related to the special development districts.
(4) Levy special ad valorem taxes, special taxes, and ad valorem taxes in amounts it deems necessary for any municipal tax increment financing and any special development districts.
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 § 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. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON. |
| SB 175 w/ SA 1 | Signed | Mantzavinos | Section 1 of this bill adds additional financial reporting requirements for authorized insurers, which codifies current practices in accordance with the NAIC’s accounting practices and procedures manual and which was recommended by the NAIC as part of its most recent and ongoing accreditation review of the Department. Section 2 of this bill repeals Section 526A because the Department has determined that the circumstances that originally resulted in the enactment of Section 526A are no longer present in today’s market and, therefore, the additional reporting requirement is not necessary. Sections 3 and 4 of this bill make technical corrections recommended by the NAIC. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO REPORTING AND VALUATION REQUIREMENTS FOR INSURERS. |
| SB 176 | Signed | Paradee | This Act does the following:
(1) Permits the State Elections Commissioner (“Commissioner”) to issue a citation to a reporting party who fails to file or deliver a required campaign finance report.
(2) Requires the Commissioner to publish the name of a candidate who without reasonable cause failed to file a campaign finance report or has been assessed an administrative penalty.
(3) Requires a reporting party who fails to file or deliver a required campaign finance report to take training on the Department of Elections’ electronic campaign finance reporting system.
(4) Caps the amount of an administrative penalty that may be assessed by the Commissioner for a tardy campaign finance report.
(5) Permits the Commissioner to authorize a payment plan for, waive administrative penalties under $500 owed by, or negotiate the total amount of administrative penalty owed by a reporting party, if the reporting party has filed or corrected a tardy report. Section 4 of this Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act.
(6) Permits an administrative penalty to be paid by a political committee or political action committee, instead of by a reporting party. The Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act.
(7) Increases the amount of time the Reports Appeals Subcommittee has to meet following the filing of an appeal.
(8) Increases the stipend a member of the Reports Appeals Subcommittee may receive for attending a meeting from $50 to $100 and the total yearly stipend a member may receive from $250 to $500.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| SB 177 | Signed | Paradee | This Act makes the following changes to election law:
(1) Increases the contribution or expenditure threshold for requiring a candidate for a public office, including a municipal office, to form a candidate committee, or file a statement of organization, with the State Election Commissioner from $2,000 to $5,000.
(2) Changes the deadline to file campaign finance reports from 4:30 p.m. to 11:59 p.m. and makes clear that the reports are required to be filed electronically using the Department of Elections’ campaign finance reporting system.
(3) Provides a deadline by which a candidate must withdraw to be removed from the general election ballot.
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 § 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. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| SCR 55 w/ HA 1 | Passed | Gay | This Concurrent Resolution directs the Delaware Department of Education to establish consistent regulations across the State’s early child care providers and programs. It also directs the Department to engage stakeholders in this process, and to make recommendations to the General Assembly by October 1, 2022, and propose necessary code revisions by January 1, 2023. | DIRECTING THE DEPARTMENT OF EDUCATION TO ESTABLISH CONSISTENT REGULATIONS FOR CHILD CARE LICENSING, THE EARLY CHILDHOOD ASSISTANCE PROGRAM, AND THE QUALITY RATING AND IMPROVEMENT SYSTEM. |
| SB 179 | Signed | 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. | AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL WELFARE. |
| SB 182 | Signed | Poore | Senate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act for approvals granted through June 30, 2020. Senate Bill No. 260, enacted by the 150th General Assembly, extended the Historic Preservation Tax Credit Act through June 2021. This Act extends the Historic Preservation Tax Credit Act for approvals granted through June 2030 and puts the provision regarding the effective date in the Code. | AN ACT TO AMEND CHAPTER 243, VOLUME 82 OF THE LAWS OF DELAWARE AND TITLE 30 OF THE DELAWARE CODE RELATING TO AN EXTENSION OF THE HISTORIC PRESERVATION TAX CREDIT ACT. |
| SB 185 w/ SA 1 | Out of Committee | Walsh | This bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES. |
| SA 1 to SB 175 | Passed | Mantzavinos | This Amendment removes February 15, which was inadvertently included in the text of the original bill as a quarterly statement deadline. Insurers are currently required to file quarterly statements for the first 3 quarters of the year, but do not file a quarterly statement in the fourth quarter; rather, they file an annual statement by March 1, which includes the fourth quarter statement. | |
| SA 1 to SB 173 | Passed | Lopez | This Amendment makes the following technical corrections:
1. Clarifies which meeting is used to count the time period for holding a Special Election for Annexation.
2. Removes confusing language regarding when an annexation becomes effective if the description and plot of the annexed territory is not recorded in the time period required.
3. Corrects the total amount that the Town of Dewey Beach can borrow in Section 23 of the charter to correspond to the increased limit in Section 26. | |
| SA 1 to SB 185 | Passed | Walsh | Because SB. 185 will substantially increase the size of the Spay/Neuter Fund, this Amendment removes the limitation of only providing for one position in the Office of Animal Welfare (“OAW”) for the Pet Population Control Spay/Neuter Program (“Program”) and specifically allows for OAW to cover the costs of administering the Program out of the Spay/Neuter Fund as appropriate to properly manage the Program. | |
