Delaware Bills

in committee · Delaware · House Dec 13, 2018

HB 13: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF FUNDS RECEIVED BY THE STATE OR A STATE AGENCY FROM SETTLEMENTS OR OTHER FINAL ORDERS OR JUDGMENTS OF A COURT.

This Act reaffirms the Constitutional requirement that the General Assembly appropriate money belonging to the General Fund by making clear that funds received by the State or a State agency from settlements or other final orders or judgments, other than those funds awarded specifically to a party or consumer or as attorneys' fees, or explicitly directed otherwise by law, are to be deposited to the General Fund and may not be transferred or expended until the funds are appropriated by the General Assembly. Included in the exclusion, are all funds that exist in the Delaware Code where the law provides for the money that must go to the specific fund and how the money in that fund may be spent.

vetoed · Delaware · House Oct 26, 2018

HB 20: AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CHILD INTERVIEWS.

This Act authorizes the Family Court to interview children who are involved in Protection From Abuse proceedings.

vetoed · Delaware · House Oct 26, 2018

HB 268: AN ACT TO AMEND TITLE 14, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO SENIOR PROPERTY TAX.

This bill converts the senior property tax credit from a credit against the school taxes imposed and collected at the county level to a means-tested refundable income tax credit to be administered by the Department of Finance, Division of Revenue. For eligible seniors who do not file a personal income tax because their income falls below the threshold set by the Code, the Division will issue a rebate in the amount for which that person is eligible. The Division is authorized to promulgate whatever forms or rules are necessary to administer this section. The tax credit will become effective as early as tax year 2019 upon certification by the Secretary of Finance that systems are in place for the Division of Revenue to administer the credit.

vetoed · Delaware · House Oct 26, 2018

HB 113: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO EARNED INCOME TAX CREDIT.

This bill changes the earned income tax credit from nonrefundable to refundable. This bill creates a table for the percentage of earned income credit for tax years 2018 and after. Currently, if spouses file a joint federal return but separate State returns, only the spouse with the higher taxes due can use the State earned income tax credit. This bill eliminates that limitation starting with tax year 2018 and provides that the credit shall be divided equally between such spouses.

signed · Delaware · House Oct 16, 2018

HB 334: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE.

This Act authorizes the Insurance Commissioner to issue conditional certificates of authority to captive insurance company applicants, which authorizes the captive insurance company applicant to conduct business while the Insurance Commissioner completes the review of the application materials. Conditional certificates of authority will be issued only upon receipt of evidence of the minimum capital and surplus required by Chapter 69 and a certification from the captive owner that the application materials comply with the requirements of Chapter 69. A captive insurance company granted a conditional certificate of authority must pay the Insurance Commissioner a fee of $100. This Act also authorizes the Insurance Commissioner to summarily revoke a conditional certificate of authority if the Commissioner determines that the captive insurance company has failed to comply with the licensing requirements of Chapter 69. During the period of the conditional certificate of authority, the captive insurance company shall comply with and be subject to Chapter 69. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Oct 15, 2018

SB 146: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE EXPUNGMENTS

The continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal records are a hindrance to employment, education, housing, credit, and military service. This Act streamlines Delaware’s juvenile expungement code by providing the Delaware Family Court the option to immediately order an expungement in the event that a felony case was terminated in favor of the juvenile (i.e. a juvenile was found not guilty, or the charges were dropped). Delaware law currently allows the Court to do this for misdemeanor and violation cases.

signed · Delaware · House Oct 15, 2018

HB 442: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE JUVENILE CIVIL CITATION PROGRAM.

This Act expands the Juvenile Civil Citation Program to provide law enforcement officers with the discretion to refer any first-time juvenile offender engaged in any misdemeanor-level behavior to the civil citation program, where the juvenile can be required to participate in counseling, treatment, community service, or any other appropriate intervention. A juvenile who successfully completes the requirements of the civil citation program will not have an arrest or prosecution indicated on their record. Under the current law, officers may make referrals to the civil citation program for only very limited types of misdemeanor offenses. The Act will also allow a second referral to the civil citation program if 1 year has passed since the first referral and the second offense is not for the same misdemeanor. Under current law, a juvenile is not eligible for a second referral until 18 months have passed since the first referral. This Act will also provide access to the Delaware Criminal Justice information System to the civil citation community provider to enable the provider to properly assess referred juveniles. This program provides an alternative to arrest and adjudication, thus avoiding the collateral consequences associated with a criminal record while still allowing the system to compel the juvenile and the juvenile’s family to seek and participate in appropriate services to address root causes of delinquent behavior. The expansion of the civil citation program under this Act is consistent with the mission of the juvenile justice system, which is the rehabilitation and treatment of juveniles, not punishment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate Oct 5, 2018

SB 22: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SERVICE PENSIONS FOR CERTAIN STATE EMPLOYEES.

This bill establishes a 20 year retirement for correction officers and specified peace officers. The bill amends the multiplier for calculation of state employee pension benefits for correction officers and specified peace officers from either 1.85%, 2.0% or 2.45% to a uniform 2.5% for the first 20 years, plus 3.5% for years beyond 20 years. The increased multipliers reflect increased costs, reduced benefits and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%. Specified peace officers means (1) Probation and parole officers employed by the Department of Correction; (2) Capitol Police officers; (3) Department of Natural Resources police officers; (4) University of Delaware Police; (5) State Fire Marshal officers; (6) Division of Alcohol and Tobacco Enforcement agents; (7) Justice of the Peace Court constables; and (8) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth, and their Families.

in committee · Delaware · Senate Oct 5, 2018

SB 124: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE POLICE ACCREDITATION COMMISSION.

This bill appoints the Secretary of the Department of Safety and Homeland Security as Chair of the DPAC and removes the President Pro Tem and the Speaker of the House from the Commission. This bill also makes technical corrections in conformance with the Legislative Drafting Manual and clarifies that members may appoint a designee to serve in their place and at their pleasure.

passed · Delaware · Senate Oct 3, 2018

SR 29: PROCLAIMING OCTOBER 2018 "DYSAUTONOMIA AWARENESS MONTH" IN DELAWARE.

Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2018 "Dysautonomia Awareness Month" in Delaware.

signed · Delaware · Senate Oct 1, 2018

SB 269: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE RIVERFRONT DEVELOPMENT CORPORATION.

The Riverfront Development Corporation was created by epilogue language in the Fiscal Year 1997 Bond Bill. The Board of Directors of the Riverfront Development Corporation is established by at least three separate provisions of Bond Bill epilogue language in Senate Bill No. 260 of the 138th General Assembly (70 Del. Laws, c. 210, § 41), House Bill No. 467 of the 139th General Assembly (71 Del. Laws, c. 227, § 8), and House Bill No. 550 of the 142nd General Assembly (74 Del. Laws, c. 308, § 40). This Act codifies the Board of Directors ("Board") of the Riverfront Development Corporation so that this information may more easily be located in the future. This Act also makes a change to the membership of the Board to add 2 directors to the Board. The 2 new directors will be elected by and serve at the pleasure of the Board.

signed · Delaware · House Oct 1, 2018

HB 235: AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO STERILIZATION, LIFE AND SUSTAINING CARE OF CATS.

This bill encourages spaying, neutering, and vaccination in order to limit the number of unwanted cats and protect the public from rabies and other diseases carried by unvaccinated animals. The bill defines “free-roaming cats” and also “free-roaming cat caretakers,” who are one or more persons who may provide food, shelter, or medical treatment for free roaming cats without becoming an “owner” for legal purposes. These cats may be released back into the community with an “ear-tip” to mark them as a vaccinated and spayed/neutered. It also adds free-roaming cats to the list of qualifying factors for participation in the state low-cost spay/neuter fund.

Bill results