Bill Text: DE HB395 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 395 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Volume 65, Chapter 295, Laws Of Delaware, An Act To Reincorporate The Town Of Bethany Beach Regarding The Referendum Power, And To Allow Natural Persons Holding Title To Real Estate As Trustee, To Vote In Municipal Elections; And Placing A Limit On The Total Number Of Persons Who May Qualify To Vote As A "nonresident Property Owner" To A Maximum Of Eight Persons Per Property.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-07-27 - Signed by Governor [HB395 Detail]

Download: Delaware-2009-HB395-Draft.html

SPONSOR:	Rep. Hocker & Sen. Bunting

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 395

AN ACT TO AMEND VOLUME 65, CHAPTER 295, LAWS OF DELAWARE, AN ACT TO REINCORPORATE THE TOWN OF BETHANY BEACH REGARDING THE REFERENDUM POWER, AND TO ALLOW NATURAL PERSONS HOLDING TITLE TO REAL ESTATE AS TRUSTEE, TO VOTE IN MUNICIPAL ELECTIONS; AND PLACING A LIMIT ON THE TOTAL NUMBER OF PERSONS WHO MAY QUALIFY TO VOTE AS A "NONRESIDENT PROPERTY OWNER" TO A MAXIMUM OF EIGHT PERSONS PER PROPERTY.

WHEREAS, it is deemed advisable that the Charter of the Town of Bethany Beach, contained in Volume 65, Chapter 295, Laws of Delaware, entitled Charter of the Town of Bethany Beach, as thereafter amended, be amended with regard to the referendum procedure and to allow trustees of certain trusts holding legal title in the Town to vote in municipal elections;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1.Amend Section 24.1 of Volume 65, Chapter 295, Laws of Delaware by striking the first clause thereof in its entirety and substituting in lieu thereof the following:

"The qualified voters of the Town of Bethany Beach shall have the power to require reconsideration by the Town Council of any previously adopted ordinance and to approve or reject such ordinance at an election as provided herein;".

Section 2.Amend Section 24.2 of Volume 65, Chapter 295, Laws of Delaware by deleting the last clause of the first sentence and substituting in lieu thereof the following:

"if it were held on the day the referendum election is held".

Section 3.Amend Section 24.3 of Volume 65, Chapter 295, Laws of Delaware by deleting the same in its entirety and inserting in place thereof the following:

"In order to initiate a referendum under this section, a referendum petition, signed by those persons who would be qualified voters of the Town if the Town election were being held on the day that the petition is presented to the Town Council, equal in number to 15% of the qualified voters of the Town as of such date, with the local address of the person(s) so signing, shall be presented to the Town Council.

The Town shall create and provide the specific format to be used for a referendum petition which shall contain only the following:

1. statement petitioning the reconsideration of the ordinance;

2. complete text of the challenged section of the ordinance in context;

3. name and Bethany Beach address of the signer;

4. signature of the signer;

5. date the petition was signed;

6. affidavit containing the signature and Bethany Beach address of the person who circulated the petition.The affidavit shall state that:

a. the signer signed on the date indicated;

b. the signer had an opportunity to read the full text of the ordinance prior to signing;

c. the circulator is a qualified voter of the Town of Bethany Beach;

d. the circulator personally circulated the petition;

e. the circulator personally observed the signature by the signer;

f. the circulator believes that each person who signed is the person they claim to be, and that said person is qualified to sign the petition; and

g. the circulator is aware that submitting a false affidavit in connection with a referendum petition constitutes perjury in the second degree, a class F felony, under 11 Del.C. §1222.".

Section 4.Insert as a new Section 24.4 of Volume 65, Chapter 295, Laws of Delaware the following:

"24.4Term.No signature on any referendum petition shall be accepted as valid if signed in excess of 180 days prior to the date the referendum petition is filed at the Town Hall.".

Section 5.Amend Section 24.4.4(b)(1) of Volume 65, Chapter 295, Laws of Delaware by deleting the same in its entirety and substituting in lieu thereof the following:

(b)(1) Not less than 21 days nor more than 60 days prior to the date set for the Special Election, notice of the time, date, and place of holding the Special Election shall be: (i) published in two newspapers of general circulation in the Town; (ii) posted in five public places in the Town; (iii) posted on the Town's website; and (iv) mailed, via regular mail, to all registered voters and all non-resident freeholders of the Town at their address as shown on the Town's records.Posted and published notices shall be in bold print or bordered in black so as to call attention thereto.In the event that the publications and/or postings do not appear on the same date, the date of the last publication or posting shall control.".

Section 6.Amend Section 5.4.2 of Volume 65, Chapter 295, Laws of Delaware by deleting subparagraph (i) in its entirety and inserting in lieu thereof the following:

"(i) a 'freeholder' shall be deemed to include any natural person who holds title of record either in their own name or as trustee, to a fee simple estate or a life estate, in and to real property located within the Town boundaries;".

Section 7.Further Amend Section 5.4.2 of Volume 65, Chapter 295, Laws of Delaware by deleting the period (".") at the end of the last sentence thereof and inserting the following:

"; provided, however, anything herein to the contrary notwithstanding, not more than eight (8) persons per property shall be entitled to vote either as a 'freeholder'.".

SYNOPSIS

This act amends the municipal charter of the Town of Bethany Beach regarding the procedure governing the referendum power (to provide a specific format for any referendum petition) and to clarify that non-resident natural persons holding title to realestate in the Town as trustee shall be allowed to vote in town elections.This act is a recognition of the fact that, in "second home" resort communities, many property owners place title to their resort real estate in trust for estate planning purposes.Further, in order to prevent an unduly large number of persons from qualifying to vote in Town elections as "non-resident property owners" by having multiple owners on the deed to a single parcel of real estate, this act limits the maximum number of persons who may vote as non-resident property owners in Town elections to eight natural persons per property.