Rep. John L. Mitchell

This Bill is the Fiscal Year 2021 Bond and Capital Improvements Act.

This bill clarifies when an employer may pay a training wage in lieu of the minimum wage. A training wage is only during the first 90 days after the employee is initially hired by the employer. This bill defines that as the first time an employee is trained for the duties of a position or a substantially similar position.

This bill establishes the crimes of possession of an unfinished firearm frame or receiver with no serial number, possession of and manufacturing a covert or undetectable firearm, possession of and manufacturing an untraceable firearm, and manufacturing or distributing a firearm using a three-dimensional printer. This bill also makes it a crime to possess a firearm frame or receiver with a removed, obliterated, or altered serial number.

This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Requires the Secretary to submit the order to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (2) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (3) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (4) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.

Section 1 of this Act modifies Delaware’s Earned Income Tax Credit (EITC) to allow recipients to choose the most beneficial credit to be applied against their Delaware Personal Income Taxes. Under this Act, recipients can choose between a non-refundable credit of up to 20% of the value of the corresponding federal EITC or a refundable EITC credit of up to 4.5% of the value of the corresponding federal EITC. Section 2 of this Act makes the change to Delaware’s EITC effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue’s modernized Integrated Revenue Administration System, which is currently under development. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Governor's Recommended Budget Bill

This Act expands eligibility for Line-of-Duty disability benefits to paid firefighters who work for municipal fire departments and to fire service instructors and fire marshals who work for the State and for nonphysical disabilities. This Act also creates a presumption that a covered firefighter who is permanently disabled from heart disease, lung disease, cancer, or post-traumatic stress injury developed the disabling condition because of and in the course of performing official duties. This Act also provides a list of reasons may be used to rebut this presumption and requires fire companies to keep records of each firefighter's exposure to carcinogens. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Governor's Recommended One-Time Supplement FY21

The National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day. Senate Bill No. 87 was not drafted as an amendment to the Delaware Code and so was not included in the Delaware Code. This Act codifies Senate Bill No. 87 into § 408 of Title 29 to conform § 408 with existing Delaware and federal law in recognition of this State's commitment to our Veterans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill increases the minimum amount of property damage that triggers the mandatory reporting of a vehicular collision to police from $500 to $2,000. This bill also increases the minimum amount of property damage requiring police agencies to investigate from $1,000 to $2,000. This increase makes Delaware more consistent with other states and reflects the Legislature’s intention in 1997 to increase the amount annually by $100.