Delaware Bills

This Bill requires all statewide and other candidates that may appear on the general election ballot to disclose whether or not all their State and Federal personal income tax returns are filed and any tax due has been paid and whether or not all their real property taxes have been paid.

This Concurrent Resolution does all of the following: (1) Expresses the General Assembly’s opposition to the Federal Communications Commission’s repeal of net neutrality rules (“the repeal”). (2) Urges the United States Congress to either review the repeal as permitted under the Congressional Review Act, within 60 days of receipt of the Federal Communications Commission’s order as required by the Act, or enact legislation reinstating and requiring the preservation of net neutrality. (3) Requests that the Secretary of the Senate to send copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware's Congressional Delegation.

This bill creates a new vehicle license plate promoting and supporting Keep Delaware Beautiful. This new non-profit organization, affiliated with Keep America Beautiful, has a mission of undertaking initiatives that will beautify Delaware and reduce litter.

Providing sufficient surplus state revenue exists, this House Concurrent Resolution requests the Joint Finance Committee to restore to the FY 2019 Grants-in-Aid Bill funding that was removed from the appropriation at the start of the current fiscal year.

This bill creates a new tax bracket at $125,000 with a rate of 7.10%, and an additional bracket of $250,000 with a rate of 7.85%.

This Act conforms Delaware’s deadlines for filing certain information returns to those established in the Internal Revenue Code. In an effort to combat identity theft and taxpayer fraud, federal filing dates were recently changed. For example, starting in 2017 the federal deadline for an employer to file aggregated W-2 data with the IRS will be January 31, which is the same date on which W-2s are distributed to individual taxpayers. Prior to this change, the IRS did not receive W-2 data until March 1 meaning that there has been a one-month window in which it could not readily confirm the authenticity of W-2s filed with taxpayers’ returns. Like other states and the IRS, Delaware has had to devote considerable resources to combating fraud and identity theft. By conforming to the new federal standard, Delaware will have data on hand that will help identify and isolate fraudulent filings. As the State’s employers will already be required to comply with the new federal deadlines, conforming Delaware’s filing dates will result in no additional administrative burden.

The Delaware End of Life Options Act provides an additional option which terminally ill adults nearing their death can decide to select, to lessen their pain and suffering. The bill clarifies the procedures necessary for making the request, including 1) the presentation of all end of life options which include comfort care, hospice care, and pain control, 2) a physician’s evaluation, 3) medical confirmation by a second physician, 4) psychiatric/psychological counseling when indicated, 5) the passage of two waiting periods, and 6) the completion of a formally witnessed request for prescribed medication. The bill provides many safeguards to ensure the patient is making an informed decision, the right to rescind any request for medication, and immunity for persons participating in good faith compliance with the procedures. When the process is followed with its safeguards, the terminally ill patient is provided the right to receive medication to peacefully end the patient’s life in a humane and dignified manner.

This Act decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017.

This bill creates a tax deduction of up to $2,500 for an individual or $5,000 for a married couple for contributions to a qualified 529A savings account, or "ABLE" plan - a special account for meeting the needs of certain individuals with disabilities. The deduction may only be claimed by a taxpayer who makes less than $125,000 or a married couple who makes less than $250,000. It is applicable only to ABLE plans sponsored by the State of Delaware or offered by a consortium of states of which Delaware is a member.

This Act replaces the prevailing wage survey method of setting the prevailing wage with a method based on payroll information currently being provided to the Department of Labor. Also, this Act removes the prevailing wage lock-in authorized by House Substitute No. 1 for House Bill No. 145 (148th General Assembly). This Act also removes the Prevailing Wage Advisory Committee (“Committee”) from the Delaware Code. The Committee was established to advise the General Assembly how the prevailing wage survey may be improved or if the survey should be eliminated. The Committee reported in January 2016 that “the best option is to continue the survey for 2016 and report back to the legislature in the future.” Because this Act replaces the prevailing wage survey, the Committee is no longer needed. Finally, this Act takes effect on January 1, 2019.

This Act is designed to create procedures in Delaware for making sure firearms are not in the hands of dangerous people while protecting due process and not creating a barrier to care for those suffering from mental illness. This Act intends to put Delaware at the forefront of this important issue by not simply looking narrowly for mental illness. Statistically, mental illness has little to do with homicide perpetration but conversely increases the chance of being a victim of violence. This bill looks instead for propensities of violence, a much more reliable and evidence-based metric. This metric will also ensure that we can provide care to those more likely to commit violent acts and help destigmatize mental illness here in Delaware. Specific components of this Act are set forth below. This Act applies when a person who has been committed to a hospital for treatment of a mental condition by a judge shall be deemed a person prohibited. The current law appears to apply to “any person who has ever been committed for a mental disorder,” but in reality this only applies to persons who have been involuntarily committed and subject to adjudication such as a hearing. It also clarifies that perpetrators of violent crimes who have been found Not Guilty By Reason of Insanity, Guilty But Mentally Ill, or Mentally Incompetent to Stand Trial are persons prohibited, including juveniles who fall into those categories. The provisions of § 1448B will not retroactively apply to any persons adjudicated in the past, which would create undue burden. This Act expands the definition of “persons prohibited” to include those persons who are prohibited from possessing firearms pursuant to a court order under the procedures set forth in § 1448B of Title 11. Newly created § 1448B sets forth a procedure whereby law enforcement, upon receiving a report of a violent person and who is demonstrating behaviors that the provider believes are dangerous can refer the matter to the Department of Justice to petition the Superior Court for an order requiring such person to relinquish the person’s firearms or ammunition. This Act revises and clarifies an existing statute, 11 Del C. § 5402, which currently solidifies the need for mental health professionals to report those with mental illness who may be a threat to others. Currently, the section contains a limited duty of a treating hospital to warn law enforcement of a specific threat, but this clarifies the original intent of the section and requires that to avoid liability that all treating mental health professionals must report dangerous persons to law enforcement. The appropriate law enforcement agency must then determine whether a civil action should be initiated under newly created § 1448C of this Title, to relinquish the person’s firearms or ammunition and to take appropriate investigative action. Pursuant to § 1448C, the Court may order dangerous persons to relinquish to a law enforcement officer, voluntarily or otherwise, any firearms or ammunition owned, possessed, or controlled by such person. The Court may also, in its discretion, issue an order directing any law enforcement agency to forthwith search for and seize firearms and ammunition of any such person prohibited upon a showing of good cause by the petitioner. The court order to relinquish firearms would issue upon a finding that the person was prohibited, without further showing. The order authorizing police to search for and seize weapons would require a further showing, akin to an affidavit in support of a warrant, of “good cause” that the prohibited weapons would be found in a particular place or in the possession of the person prohibited. Any person subject to an order of the Court pursuant to § 1448C may petition the Court for an order to return firearms or ammunition by establishing to a preponderance of evidence that he or she is not a danger to self or others. In addition, as is the case under the current law, any person who is adjudicated to be a person prohibited pursuant to this Act has the opportunity to demonstrate, pursuant to § 1448A of Title 11, that he or she is no longer prohibited from possessing a firearm and therefore is no longer a person prohibited.

The “Bicycle Friendly Delaware Act” would update Delaware code in conformance with recommended changes to the Uniform Vehicle Code from both the National Committee on Uniform Traffic Control Devices (Rules of the Road Committee) and the League of American Bicyclists (Legal Affairs Committee). Without changing the legal meaning of existing law, these updates would clarify sections of the Delaware Rules of the Road that are frequently misunderstood by the police, by bicycle operators and by vehicle drivers. In addition, the Act would enable the Department of Transportation to deploy bicycle traffic signals as a safety countermeasure at intersections where most fatal bicycle crashes occur; require vehicles to change lanes when passing bicycles (and farm equipment and animal-drawn vehicles) when lanes are too narrow; permit safe yielding by bicycle operators at stop sign-controlled intersections with minor roads; and prohibit the use of horns when passing animal-drawn vehicles and bicycles.