Rep. Charles Potter Jr.

This bill would allow Delaware residents two new deductions from personal income tax. The first is a deduction from taxable income of up to $2,500 for contributions to a “529” College Savings Plan. The second is a deduction from taxable income of up to $2,500 for contributions to a “529A” Savings Account – a special account for meeting the needs of certain individuals with disabilities. Under this Act, a Delaware resident taxpayer would be eligible for the deduction regardless of whether they made a contribution to a 529 or 529A plan sponsored by the State of Delaware or another state or institution, so long as the plans met federal criterion.

This resolution directs the Delaware Emergency Medical Services Oversight Council and the Office of Emergency Medical Services to establish statewide metrics for emergency room wait times, with such information being publicly reported on a regular basis and available to emergency responders.

According to the National Conference of State Legislatures, on average, an incarcerated parent with a child support order has the potential to leave prison with nearly $20,000 in child support debt, having entered the system with around half that amount owed. This national statistic is consistent with Delaware, where the average child support debt for those currently incarcerated in Delaware is $10,000. Failing to recognize the inability to pay while incarcerated undermines the obligor's ability to make a successful transition and meet their obligations post-release, including the ability to pay child support. Delaware Family Court Rules will consider a term of incarceration that exceeds 1 year as evidence of a diminished earning capacity but the incarcerated parent needs to file a motion asking the Family Court for relief from the Child Support Order. The vast majority of incarcerated parents do not have independent income, resources, or assets with which to pay an obligation of child support consistent with their pre-incarceration circumstances. This Act automatically suspends child support orders when a defendant is incarcerated or involuntarily committed for over 180 days unless the defendant has the means to pay support while incarcerated or involuntarily committed, the defendant is incarcerated for a crime of domestic violence against the custodial relative or the supported child, or is incarcerated for failure to comply with an order to pay child support.

Advance deposit wagering (“ADW”) has been the only growing segment of the pari-mutuel industry for more than a decade, is practiced nationwide especially in all of our surrounding states, and has been practiced by Delaware residents without authority or regulation, providing no contribution to the State’s racing industry. This Amendment provides for proceeds of advance deposit wagering that is conducted in the state to be used to support and improve the horse racing industry in Delaware by improving purses, supporting breeding, and ensuring that the industry is adequately regulated for the protection of all participants.

Delaware's Community College System, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. This Act adopts the county Vo-Tech structure to finance the Fund by authorizing the College's Board of Trustees to collect a local property tax, subject to a cap. All money raised in a county must be placed in a segregated account and spent exclusively on projects in that county; this eliminates any possibility of applying this Act in an unconstitutional manner. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This resolution proclaims June 19, 2017, as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.

This Act builds on some of the legislation passed by the 148th General Assembly that addressed the wage gap between men and women. When employers ask prospective employees for their wage or salary history, it perpetuates disparities in pay based on gender from one job into another. This Act prohibits employers from inquiring into an applicant's compensation history. An applicant may voluntarily disclose the information if he or she wishes to do so, and the bill explicitly permits discussion and negation of compensation expectations between an employer and applicants, so long as the employer does not affirmatively seek compensation history in the course of discussion and negotiation. An employer is permitted to seek and confirm such information after an offer, including compensation, has been negotiated, made, and accepted. The effective date of the bill is delayed by 6 months to allow employers to update their policies.

This Act is the first leg of an amendment to the Delaware Constitution to provide for equal rights. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment arising from historical bias to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values.

This bill will allow defendants serving consecutive sentences, who were sentenced prior to the amendment of 11 Del. C. § 3901(d), to be allowed to petition the court to consider applying concurrent rather than consecutive sentences. Prior to June 30, 2014 no concurrent sentencing was allowed in the State of Delaware. The bill lays out a process similar to the review process put in place after the habitual offender laws were revised pursuant to Senate Substitute 1 for Senate Bill 163 in the 148th General Assembly. Delaware has the highest rate of incarceration of any state in the Northeast and Mid-Atlantic region, and the fiscal costs of incarceration continue to strain the state budget. This bill provides a mechanism to review the sentences of some of the current inmate population to determine if their sentences remain appropriate under our current sentencing laws.

This bill provides that civil violations or penalties under subchapters IV and V of Delaware’s Uniform Controlled Substances Act in Title 16 are included as offenses whereby a $15 penalty is assessed for the Fund to Combat Violent Crimes.