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In a bid to battle rising fuel prices, Speaker of the House Terry Spence, R-Stratford, is sponsoring legislation to suspend the state fuel tax over the summer months.
The proposal seeks to eliminate the state levy on motor vehicle fuels during June, July, August and September. The state imposes a 23-cents-per-gallon tax on gasoline and a 22-cents-per-gallon tax on diesel fuel.
“The state can’t control the price of oil,” Spence said. “The only impact we can make on the price at the pump is to eliminate the state fuel tax. It’s an admittedly modest cut, but at least it will help reduce the burden on our citizens.”
In addition to Spence, the bipartisan measure is sponsored by representatives Richard Cathcart, Clifford “Biff” Lee and Joe Booth as well as senators Cathy Cloutier, Karen Peterson, Charles Copeland, Margaret Rose Henry and Dori Connor.
Spence noted that gasoline and diesel prices traditionally go up in the summer. He said rolling back the state fuel tax over the summer would not only give Delaware families and businesses some needed relief, it would also help protect the state’s tourism industry, which is heavily dependent on motorists.
“Increased gasoline prices will cost Delaware families almost $400 more this summer,” said Copeland. “The least we can do as a state with increased revenues is to help ease this burden.”
Revenue from the fuel tax is earmarked to the Transportation Trust Fund (TTF). The money is primarily used to pay for construction and maintenance projects on the state’s road system, including the underwriting of bonds issued to finance this work. To prevent the proposal from undermining the fund’s bonded indebtedness, the bill will supplement the TTF with $50 million from the state General Fund, negating the expected financial impact of the tax rollback.
Spence said the state has more than $104 million in cash in the current fiscal year alone that is not appropriated and that a portion of this surplus should be returned to taxpayers in the form of lower gas prices.
Municipal elections
Newly introduced legislation seeks to standardize the way municipal elections are held in the First State. Rep. Greg Lavelle, R-Sharpley, is sponsoring House Bill 410. If enacted, the 16-page bill would establish a new Delaware municipal election code.
The bipartisan reform bill, which is also sponsored by Sen. Patricia M. Blevins, D-Elsmere, is intended to provide municipal voters with a sense of confidence that their local elections are being held in a uniform, fair and open manner. HB 410 includes the following provisions:
• Require each municipality to appoint a board of elections to oversee their town/city elections;
• Establish a procedure for citizen complaints and set up an appeals process;
• Establish standards for posting municipal election notices;
• Require voters to show proof of identity and address at the polls. (If this was not available, a majority of the election officers could attest to a prospective voter’s identity and address);
• Establish standards for declaring candidacy;
• Standardize rules for absentee voting in municipal elections to match those used for primary, general and special elections in Delaware;
• Establish standards for the conduct of the election;
• Establish standards for recounts, when an elected member may take office, certification of an election and for resolving election contests.
House Bill 410 is a response to a controversial municipal election in Smyrna and the realization that local election laws in Delaware vary from community to community. The Smyrna election illustrated that some of these local codes needed to be better structured.
Lavelle said he’s been working with a host of people for more than a year to craft the measure. “This bill is the result of a collaborative effort … involving State Elections Commissioner Frank Calio and representatives from the Delaware League of Local Governments. This is not a state takeover of local elections. It simply provides standards and uniformity to election procedures.”
Bill bars use of tracking devices
A bill that recently cleared the House of Representatives would make it a crime to place a tracking device on a vehicle owned by someone else.
Tracking devices that utilize the Global Positioning System (GPS) can be readily purchased on the internet and have legitimate uses, ranging from finding lost pets to locating a stolen vehicle.
Hudson, the prime sponsor of House Bill 392, said her legislation is aimed at those using the technology as a means to stalk individuals or perpetrate violence. “It has become more of a problem throughout the country and there is reason to believe it is being done in our state. The attorney general’s office is particularly interested in having this [law on the books] as a tool for prosecution.”
Anyone in violation of the proposed statute would be guilty of a Class A misdemeanor, carrying the possibility of up to one year in jail and a fine of $2,300.
“This does not apply to people who want to put a tracking device on their own vehicles, such as in cases where parents wanted to track the whereabouts of their minor children,” Hudson said.
The bill would also not hinder police agencies from using tracking devices, but Hudson said current legal constraints on conducting such surveillance would remain intact.
The bill passed by a vote of 34-2 and is now pending action in the Senate Judiciary Committee Hudson said she believes the Senate will receive the bill warmly.
Action on bills in the House
• Senate Bill 274 would amend the Delaware Landlord-Tenant Code to permit tenants who are the victims of domestic violence, sexual offenses or stalking to prematurely terminate their leases for safety reasons; pending action in the House Housing & Community Affairs Committee.
• House Bill 409 - In an effort to battle the spread of graffiti, HB 409 proposes banning the sale of spray paint to minors in Delaware; pending action in the House Judiciary Committee.
• House Bill 411 is a “good government” bill that seeks to increase the disclosure of information to the public. If enacted, this measure would require that the portion of public officials’ financial disclosure reports regarding gifts filed with the Public Integrity Commission be made available on the state’s website. The bill is subject to receiving money in the state’s operating budget to implement the proposal; pending action in the House Administration Committee.
• Senate Bill 256 would create a “Fraud Busters” program within the Delaware Department of Insurance. Under the program, an individual who reports an incident of insurance fraud that was later verified could receive a reward of up to $25,000. Individuals reporting possible frauds, and wishing to be considered for the reward, would be required to sign a written complaint. People submitting complaints they knew to be false, or did not believe to be true, would subject to criminal prosecution. Passed the Senate. Pending action in the House Economic Development/Banking & Insurance Committee.
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