Rep. Jeff Spiegelman

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 bill allows a pellet gun, airbow, and most other air guns to be possessed and utilized for hunting in Delaware, however, it does not change the classification of airbows and higher powered air rifles as firearms. The bill also does not change that possession of weapons such as “zip guns” and other created weapons are illegal and listed as a dangerous weapon.

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 establishes the ability of state and school district employees to use the “donated leave” program to donate and accept annual leave and sick time for use by employees in connection with the birth or adoption of a child under the age of 6 years. An employee becomes eligible to receive such leave upon the birth of a child to the employee or employee’s spouse or upon adoption of a child younger than 6. Such an employee remains eligible for 6 months after such birth or adoption. The recipient may also use donated leave for a period of 1 year following the birth or adoption for absence related to maternal or pediatric medical appointments. Provided, however, that a recipient of donated leave must first use all of his or her accrued sick time and half of his or her annual leave. Where the recipient does not accrue annual leave, the recipient must have used all but 3 of that employee’s sick days prior to utilizing donated leave. All other established terms and conditions for donated leave remain the same.

This Act allows professional licensing boards and commissions administered by the Division of Professional Regulation to recognize military education, training, and experience of all current and former military personnel when reviewing credentials and issuing licenses. This is a change from the current law, which only allows such boards and commissions to do so for active duty military, members of the National Guard, or military reserves assigned to a duty station in Delaware. This change would recognize the military education, training, and experience of individuals who are retired, a veteran, or are active duty individuals assigned to duty stations located outside this State.

This Act clarifies the authority of the Joint Legislative Oversight and Sunset Committee ("Committee") to hold over entities unless or until certain conditions are met or modifications are made. This Act also provides the authority for the Committee to recall an entity that has been released from review when the entity has the ability to meet the recommended condition or make the modification but has failed to do so, or when the Committee recommended legislation to amend an entity's governing statute or a related statute, but the legislation fails to be enacted for any reason. If the Committee recalls an entity, it may recommend any of the options available in subsection (a) of this section.

This Act requires health insurance policies to cover any medically appropriate drug approved by the FDA for the treatment of stage 4 metastatic cancer without requiring a patient to first prove that the patient failed to respond to a different drug or drugs. This Act is based on a similar bill in Georgia that was inspired by President Jimmy Carter’s recent battle with cancer.

This Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee (“JLOSC”) by making amendments to the State Human Relations Commission’s (“the Commission”) governing statute. First, this Act changes the number of members on the Commission to a more manageable number, 18 members, and adjusts appointment language accordingly, including providing for staggered appointments so that members’ terms do not expire all at the same time. To provide the Commission with sufficient time to reorganize itself with the new number of members, Section 1 of this Act takes effect 1 year after the date of enactment. Next, this Act adds several provisions that are administrative in nature: defining the Commission’s quorum and requiring quorum to meet and conduct business; language standard to boards and commissions regarding the removal of members for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance; and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act fulfills the JLOSC recommendation that the Commission’s governing statute include reference to its duties under other chapters of the Delaware Code. Current Delaware law provides that the Commission has duties under Chapters 45 and 46 of Title 6, the Equal Accommodation Act and Fair Housing Act, respectively. Senate Bill No. 49 (“SB 49”) of the 149th General Assembly, however, if enacted, will create a new Chapter 78 in Title 6, under which the Commission will have duties related to Homeless Individuals’ Bill of Rights. In order to accommodate the possibility of a new chapter in Title 6 which should be referenced in the Commission’s governing statute, §§ 3004 and 3005 have been drafted as two versions. The first version of each, Sections 4 and 6, include references to the new Chapter 78, while the second version of each, Sections 5 and 7, do not. Therefore, Section 10 of this Act provides that Sections 4 and 6 take effect if SB 49 is enacted during this General Assembly, and Sections 5 and 7 take effect if SB 49 is not enacted during this General Assembly.

This bill will add 4 new check-off donation boxes on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to one of the following organizations: Food Bank of Delaware, Sussex County Habitat for Humanity, Central Delaware Habitat for Humanity, or Habitat for Humanity of New Castle County.

This bill provides greater protection to correctional officers and other state employees who are assaulted in detention facilities by prohibiting assaults committed with a reckless state of mind.