DE HB394 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on June 22 2010 - 100% progression
Action: 2010-06-22 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Bipartisan Bill
Status: Passed on June 22 2010 - 100% progression
Action: 2010-06-22 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
This act amends the municipal charter of the Town of Bethany Beach regarding penalties that may be imposed for violations of ordinances of the Town. First, the maximum amount of any penalty that may be imposed for each offense is increased from the present $500 to $1,500 in recognition of the fact the current "cap" has been in existence for over twenty years and is no longer an appropriate maximum penalty for the more serious violations of Town ordinances. Second, this act specifically authorizes the Town to impose such fines as "civil penalties" rather than "criminal penalties". This is consistent with recent legislative efforts to "de-criminalize" many minor offenses, is consistent with the "majority rule" and Delaware judicial decisions that prosecutions for violations of municipal ordinances are in nature of civil actions for the recovery of a debt (9A McQuillen, Municipal Corporations 27.06 (3rd ed); Vitelli v. Mayor & Council of Wilmington, Del. Super. 199 A. 283 (1938)), and removes the potential legal uncertainty concerning the Town's ability to allow a "voluntary assessment" procedure under which a violator can choose to admit to a violation of a local town ordinance and deliver or mail in the appropriate fine, without having to appear before any court. Finally, this act eliminates the authority of the Town to sentence any person to imprisonment for a violation of a Town ordinance. No person within memory has ever been sentenced to imprisonment for violation of a Bethany Beach Town ordinance and this sanction is deemed to be antiquated and unnecessary. Its elimination is also consistent with efforts to de-criminalize many minor offenses.
Title
An Act To Amend Volume 65, Chapter 295, Laws Of Delaware, Entitled Charter Of The Town Of Bethany Beach, Regarding Penalties For Violations Of Town Ordinances, To Increase The Maximum Financial Penalty That May Be Imposed To Eliminate Imprisonment As A Potential Sanction, And To Authorize The Town To Impose Civil Penalties As Well As Criminal Penalties.
Sponsors
Roll Calls
2010-06-10 - Senate - Senate Third Reading (Y: 19 N: 1 NV: 0 Abs: 1) [PASS]
2010-05-11 - House - House Third Reading (Y: 37 N: 0 NV: 0 Abs: 4) [PASS]
2010-05-11 - House - House Third Reading (Y: 37 N: 0 NV: 0 Abs: 4) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2010-06-22 | Signed by Governor | |
| 2010-06-10 | Passed by Senate. Votes: Passed 19 YES 1 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2010-06-02 | Reported Out of Committee (COMMUNITY/COUNTY AFFAIRS) in Senate with 2 On Its Merits, 1 Unfavorable | |
| 2010-06-01 | Assigned to Community/County Affairs Committee in Senate | |
| 2010-05-11 | Passed by House of Representatives. Votes: Passed 37 YES 0 NO 0 NOT VOTING 4 ABSENT 0 VACANT | |
| 2010-05-05 | Reported Out of Committee (HOUSE ADMINISTRATION) in House with 4 On Its Merits | |
| 2010-04-29 | Introduced in House and assigned to House Administration Committee | |
| 2010-04-29 | Assigned to House Administration Committee in House |
