DE HB362 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Sponsorship: Partisan Bill (Democrat 2)
Status: Passed on May 22 2010 - 100% progression
Action: 2010-05-22 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Sponsorship: Partisan Bill (Democrat 2)
Status: Passed on May 22 2010 - 100% progression
Action: 2010-05-22 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
This Act is designed to update the Clayton Town Charter. Sections 1 and 2 of the bill amend Article III of the Charter, entitled “Structure of Government,” by specifying the circumstances under which a Council member may be excused from a Council meeting, and by providing that a Council member’s failure to attend three consecutive Town meetings without first being excused shall result in a vacancy of the Council member’s position. Sections 3-9 of the bill amend Article IV of the Charter, entitled “Powers of Council.” In addition to minor technical changes, these Sections eliminate the Council’s power to: (i) levy and collect “capitation” taxes (taxes levied on individual persons without reference to income or property); and (ii) allow discounts for early payment of taxes. Article IV is also amended to raise the ceiling on the amount the Town may borrow from 1% to 1.5% of the total amount of assessable and taxable real property within the Town limits, and to eliminate the cap of the Town’s total indebtedness (currently, total indebtedness may not exceed $750,000). Finally, Article IV is amended to give the Town Council the power to conduct investigations into the affairs of the Town, and for this purpose the Council may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Section 10 of the bill amends Article V of the Charter, entitled “Police,” by allowing the Council to delegate its power to direct, hire or remove police officers to the acting Police Chief. Sections 11-13 of the bill amend Article VII of the Charter, entitled “Property and Special Assessments.” These sections: (i) eliminate Charter provisions requiring the Council to hold court to hear and determine appeals from assessments; and (ii) give the President and the Council the authority to impose certain “Impact fees” upon new development or construction. Sections 14-15 of the bill amend Article VIII of the Clayton Town Charter, entitled “Council Appointments,” to make the appointment of a Town Assessor optional (currently, it is mandatory) and to eliminate the position of Town Clerk/Town Tax Collector. Finally, Section 16 of the bill extends the time polls for Council elections are open from 6:00 to 7:00 p.m.
Title
An Act To Amend The Laws Of Delaware Volume 66, As Amended, Pertaining To The Charter Of The Town Of Clayton.
Sponsors
Roll Calls
2010-05-11 - Senate - Senate Third Reading (Y: 19 N: 1 NV: 0 Abs: 1) [PASS]
2010-04-29 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
2010-04-29 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2010-05-22 | Signed by Governor | |
| 2010-05-11 | Senate | Passed by Senate. Votes: Passed 19 YES 1 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
| 2010-05-05 | Senate | Reported Out of Committee (COMMUNITY/COUNTY AFFAIRS) in Senate with 1 Favorable, 2 On Its Merits |
| 2010-05-04 | Senate | Assigned to Community/County Affairs Committee in Senate |
| 2010-04-29 | House | Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT |
| 2010-04-28 | House | Reported Out of Committee (HOUSE ADMINISTRATION) in House with 5 On Its Merits |
| 2010-04-15 | House | Introduced and Assigned to House Administration Committee in House |
