Rep. Helene M. Keeley

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

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.

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.

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.

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.

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.

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.

This Substitute Act does all of the following: (1) Expresses the General Assembly's and Governor's opposition to the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program ("Draft Proposed Program"). (2) Requests the Department of Justice review the Draft Proposed Program, and any other actions taken by the Secretary of the U.S. Department of the Interior targeted at approving an oil and gas leasing program, and take any appropriate legal steps to prevent the sale of oil and gas leases off the coast of the State of Delaware. (3) Directs the Department and the Coastal Zone Industrial Control Board to enforce compliance with the Coastal Zone Act. (4) Directs the Department to review Delaware law to ensure these laws properly reflect Delaware's environmental policy objectives for purposes of their use in the consistency review process under the Coastal Zone Management Act. (5) Directs the Department to report to the Chair of the Senate Environmental, Natural Resources, and Energy Committee and the Chair of the House Natural Resources Committee any legislative changes that are identified as necessary. This Substitute Act differs from the original Act in that it replaces Section 2 and 3 of the original Act with a new Section 2 that provides the Department of Justice with more flexibility to prevent the sale of oil and gas leases off Delaware’s coast.

This Act prohibits drilling for oil or natural gas in Delaware’s coastal zone and territorial waters and precludes DNREC from issuing any permits in connection with the development of offshore drilling infrastructure, whether proposed for Delaware territorial waters or waters outside of the State.

This Act requires that feminine hygiene products be provided free of charge to individuals in custody at facilities operated by the Department of Correction and facilities operated by the Department of Services for Children, Youth and Their Families. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.