| S E N A T E L E G I S L A T I O N | |||
| BILL # | SYNOPSIS | REASON FOR MONITORING | STATUS |
| 25 | When agencies adopt a regulation, the regulation and the order adopting it, must be filed with the Registrar of Regulations and becomes the official regulation. | Applies to PIC's regulations. | Signed into law - 6/18/01. |
| 36 | Creates a
Reapportionment Commission to draw legislative districts.
Commissioners cannot be or cannot have been a lobbyist for 2
years preceding the Act; and cannot register as a lobbyist while
on the Commission or within 2 years of the effective date of the
reapportionment plan.
-- Similar Senate Bills No. 301 w/ S.A. 1 & Similar House Bill No. 105 -- |
If requested, PIC would give the appointing authority info on whether appointees are or have been lobbyists, and would monitor future registrations for compliance. | Referred to Senate Exec. Committee - 1/25/01. |
| 141 -Senate
Substi-
tute No. 1 |
Delaware Uniform Athlete Agents Act. Creates the Board of Athlete Agency Examiners. Provides that Board members and its agents, appointed or otherwise, are subject to the State Code of Conduct, as it applies to State "employees." Provides that Board members cannot be a "close relative" as defined by the State Code of Conduct, of an athlete agent, or have been employed as an athlete agent. - See Similar Senate Bill No. 241 -- | Creates another Board whose members are subject to the State Code of Conduct. Code presently applies to more than 200 Boards and Commissions. | Referred to Senate Exec. Committee. Subsequently stricken. S.B. 241 was passed instead. |
| 144 - as amended by S.A. No. 2 | Renames the Division of Mental Retardation as the Division of Developmental Disabilities Services. | PIC will make administrative changes to its list of titles of public officers who must file financial disclosure reports. | Signed into law - 7/3/01. |
| 150 | Amends Title 24,
Chapter 51 for the Board of Cosmetology and Barbering based on
Sunset Committee recommendations. One change is that the prior
language provided that the Board members were to be treated as
"employees" under the State Code of Conduct. The amendment
eliminates the term "employee" because under the State Code of
Conduct members of Boards such as this are not defined as "State
employees," but as "Honorary State Officials."
Under the State Code of Conduct, two provisions apply differently to those defined as "State employees" and those defined as "Honorary State Officials." See, 29 Del. C. § 5805(c) and 29 Del. C. § 5806(d). |
PIC previously notified the Sunset Committee of the distinction between "Honorary State Officials," and "State employees." This amendment to the Board's statute makes it consistent with how these board members, and other similarly situated board members, are treated under the Code of Conduct. | Signed into law 7/10/01. |
| 204 | Creates a reapportionment committee for the City of Wilmington. Prohibits appointees from being lobbyists while a member and for two years after the effective date of the plan. | PIC would give appointing authority info on registered lobbyists, and monitor future registrations for the 2 year period. | Reported out of the Senate Judiciary Committee - 6/14/01 |
| 215 | Establishes new
Department of Technology and Information to replace the Office of
Information Services (OIS) and defines the Chief Information
Officer's position as a Cabinet level position. Senate Substitute 1 to S.B. 215 exempts OIS and DTI State employees from the State Code of Conduct's post-employment law. |
Change list of who
must file financial disclosure report. PIC understood that the amendment was to assist OIS employees during transition from OIS to DTI if they could not retain a job in DTI or a similar job in another agency. However, the amendment forever exempts all OIS & DTI employees from the post-employment law. PIC is working with the drafters to see if a transition time is feasible, after which DTI employees would be subject to the post employment law as are all other State and local government employees. |
Signed into law - 7/1/01 |
| 230 | Creates new Division of Support Operations in Department of Administrative Services by combining the Divisions of Purchasing and Support Operations. | Will change list of who must file financial disclosure report. | Signed into law - 7/9/01. |
| 241 | Delaware Uniform Athlete Agents Act. See information under S.B. 141. | See information under 141. | Signed into law - 7/9/01. |
| 290 | Governor's Proposed Budget for FY 03 - Proposes $164.4 for PIC | PIC budget same as FY 02. | Senate Finance Comm. - 1/24/02 |
| 301 | Reapportionment. Amendment has language similar to S.B. 36 on lobbyists. | See Comments on S.B. 36 | Passed Senate - 1/17/02. Referred to House Admin. Comm. - 1/23/02 |
| H O U S E L E G I S L A T I O N | |||
| BILL # |
SYNOPSIS | REASON FOR MONITORING | STATUS |
| 7 | Allows School Districts to re-hire retired teachers one year after retirement to teach in areas where there are teacher shortages without an impact on their pensions. | If a former State employee privately contracts with the State within 2 years after terminating, to perform the same job they had as a State employee, it could violate the post-employment law. However, if the former employee is re-hired as a State employee, the post-employment law would not apply as such persons are not former employees, but current employees. Ethics Bulletin 007. When a retired former employee is re-hired, they have a pension off-set. See, 29 Del. C. § 5502. This bill permits retired teachers to be re-hired without violating the post-employment law or having the off-set. | House Passed 1/25/01 Referred to Senate Education Committee - 3/13/01. |
| 10 | 2nd leg of Constitutional amendment. Creates position of Senior Judge in State's Court system. Will be filled by any retired judge of a court established by the Constitution or the General Assembly. Qualifications, manner of appointment, term of office, compensation, duties, and all other matters relating to the office of the Senior Judge shall be specified by statute. | This position may result in the requirement for the Senior Judge to file a financial disclosure report, as do all other Judges. PIC will monitor for the statute creating the responsibilities of that office. | Passed - 7/1/00 and 5/8/01. Governor's signature not required on Constitutional amendments. |
| 17 | Permits retired teachers to be re-hired as substitute teachers without affecting their pension benefits. | See Comments to H.B. 7. | Signed into law - 4/10/01. |
| 23 | 1st leg of Constitutional amendment. Provides that persons currently holding an elected State office shall be deemed to have resigned from that office when they become a candidate for a different elected State office, if they become a candidate more than 30 days prior to the natural expiration of their present term of office. Resulting vacancies shall be filled by the same general election where the office is filled for which said vacancy was created, as long as the vacancy occurs after June 30 of the general election year. | May require administrative monitoring of status of officials as financial disclosure report filing dates for those holding elected State office and those who are candidates for State office are based on their status. | Referred to House Admin. Committee - 1/10/01 |
| 48 | Eliminates $3 fee to commission a public officer who has been appointed to serve on the State's various boards and commissions. | Applies to PIC appointees. | Passed House - 1/22/02. Referred to Senate Finance Comm. - 1/23/02. |
| 50 |
Governor's Recommended Budget for FY02. | Recommended $164.4 for PIC. | See H.B. 350, final FY02 budget bill. |
| 54 | Adds elected School Board members to those who are subject to the State Code of Conduct. | Last year's proposed bill had unique exceptions to the Code of Conduct for School Board members. PIC notified the legislature of concerns. This bill treats School Board members the same as other local officials who are subject to the Code. | Signed into law - 4/10/01. |
| 64 | Provides that officers and employees of Kent County government shall not hold more than one position of county office or employment from which he or she derives compensation. | As Kent County has not adopted its own Code of Conduct, it is subject to the State Code of Conduct, which restricts holding "other employment," including dual government employment. This legislation is more stringent, creating a total ban on dual employment by County personnel. Thus, the less stringent Code of Conduct restriction on dual employment would not apply to Kent County employees/officers. | Signed into law - 5/8/01. |
| 75 | Requires any employer, including the State, who monitors any telephone calls, e-mails, or Internet access of or by employees, to give notice of such monitoring activities to the employees prior to doing so or at the time of hiring. | As PIC's two computers are connected, it is possible for one user to see the use of the other user, revealing such things as Internet use. While this is not deliberate monitoring, PIC employees will be alerted that their usage can be observed. | Signed into law - 7/10/01 |
| 96 | Would establish a new County in Delaware-Appoquinimink. | The Code of Conduct applies to local governments, unless they adopt their own Code of Conduct, approved by PIC to be as stringent as the State Code. If the bill passes, PIC will notify the employees and officers of the new County of that law. | Referred out of the House Land Use/ Infrastructure Committee - 6/21/01. |
| 105 | Creates independent,
bipartisan reapportionment commission. Appointees to the
Commission cannot have been a lobbyist within two years prior to
the appointment; appointees and employees of the Commission
cannot hold or campaign for public office while serving; cannot
run for the House or Senate for two years after the effective
date of the plan; and cannot register as a lobbyist while a
Commission member or within two years of the date of the
effective plan.
-- See Similar Senate Bill No. 36 -- |
Regarding the restrictions on lobbying, see Comments to S.B. 36. Because this bill also restricts campaigning for or holding public office, if passed, PIC will monitor financial disclosure filings of candidates and public officers to aid in insuring compliance. | Referred to House Admin. Committee - 3/14/01 |
| 110 | Permits "close
relatives" of the Commissioners for Thoroughbred Racing to have a
legal or beneficial interest in a firm, association, or
corporation licensed or regulated by the Commission or which
participates in pari-mutual meetings. "Close relative" in this
statute would have the same meaning as that term in the State
Code of Conduct. -- See Similar House Bills No. 361 & 405-- |
Code of Conduct restricts appointees to Commissions and Boards from participating in decisions re: close relatives. PIC had noted this with General Assembly members. This bill specifically notes that Racing Commissioners remain subject to the Code of Conduct. | Referred to House Game/Parmtl Committee - 3/20/01; Stricken - 3/12/02 |
| 152 | Renames Division of Alcoholism, Drug Abuse & Mental Health as the Division of Substance Abuse & Mental Health. | Requires administrative change to list of titles for Division Directors who must file financial disclosure report. | Signed into law -
6/11/01. |
| 311 | Dual Government Employment. Amends Title 29, Chapter 58, administered by PIC. Presently, State employees holding a second position as an elected official, or as a paid appointee, with the State or with a local government, who leave their State job to go to the second job, have their full-time pay prorated for coinciding workday hours--unless they take annual leave or leave without pay. This bill would permit them to also use compensatory time. It also defines "workday" to recognize that some employees are on flex-time. The law will still require that if the normal workday hours at the full-time job coincide with the hours at the second job, supervisors must keep time records of the full-time employee's status while attending the second job. Such time records are subject to an annual audit to insure that the individual is not "double-dipping." | In issuing advisory opinions to persons holding such dual positions, the Commission will now consider that compensatory time may be used to go to the second position. | Signed into law - 7/17/01. |
| 344 | Reapportionment of
General Assembly. Among other things, increases number of seats
in the House from 41 to 45.
-- See Similar House Bill No. 345 -- |
If number of seats increases, Commission will insure that candidates for the new districts file a financial disclosure report within 14 days of filing as a candidate, and that the person elected for the new districts files each year thereafter. | Referred to House Admin. Committee - 11/01/01 |
| 345 | Reapportionment of
General Assembly. Among other things, Increases number of seats
in the House from 41 to 45. -- See Similar House Bill No. 344 -- |
See comments on H.B. 344 above. | House passed - 11/1/01 - Referred to Senate Judiciary Committee |
| 350 | Budget Bill for Fiscal
Year 2002. Appropriates $164,400 for PIC. Provides 2% or $650 pay increase, whichever is higher, to all State employees. |
PIC's appropriation is the same as last year's. The new pay raise will be 2% for both PIC employees. The pay raise will require recalculation of PIC's salary line for the upcoming FY. | Signed into law - 6/28/01. |
| 361 | Permits "close
relatives" of the Commissioners for Thoroughbred Racing to have a
legal or beneficial interest in a firm, association, or
corporation licensed or regulated by the Commission or which
participates in pari-mutual meetings. "Close relative" in this
statute would have the same meaning as that term in the State
Code of Conduct.
-- See Similar House Bills No. 110 & 405 -- This bill adds several sections that are not in H.B. No. 110. Those provisions address the limits on the financial interest a Racing Commissioner may have; requires Commissioners to have racing experience; and limits the terms of Commissioners. |
Code of Conduct restricts appointees to Commissions and Boards from participating in decisions re: close relatives. PIC had noted this with General Assembly members. This bill specifically notes that Racing Commissioners remain subject to the Code of Conduct. | Referred to House Game/Parmtl Committee - 1/09/02 |
| 389 | Amends the Misconduct in Office statute to include Public Servants who may be suspended from their positions, which recognizes that they may still do harm by virtue of their position or access to government resources. Prohibits unauthorized acts done specifically as an official function, but also those abuses facilitated by the Public Servant's position. Unauthorized acts includes any unauthorized us of public money. | The Code of Conduct also prohibits misuse of public office, and the Commission may refer suspected violations of a criminal law, e.g., Misconduct in Office law, to the Attorney General. | Referred to House Judiciary Committee. Reported out of Committee - 3/13/02. |
| 405 | Amends Delaware Code of Thoroughbred Racing. Similar to House Bills No. 110 & 361. See Comments on those bills | See Comments on House Bills 110 & 361. | Referred to House Game/Parmtl Comm. - 2/20/02 |
