Sen. Jack Walsh

This Act amends Titles 14, 16, 17, 26, and 29 of the Delaware Code to prohibit the use of lead paints on outdoor structures such as bridges, water towers, playground equipment, highways, parking lots, and utility towers and poles, in order to protect public health from the dangers of such paints. More specifically, Section 1 of this Act substantively amends Title 16 to add a new Chapter 30M setting forth the general prohibition of use of lead paints on outdoor structures after specified effective dates. Section 2 of this Act amends Titles 17, 26, and 29 to reference back to the new Title 16 Chapter 30M prohibitions. Section 3 requires the Department of Natural Resources and Environmental Control to develop regulations governing the removal of lead paint from outdoor structures consistent with this Act.

This bill will increase the public transparency of education funding information by directing the Department of Education to: 1. Establish, in collaboration with stakeholders, a statewide approach for districts and charter schools for reporting expenditures at the school level and the school’s share of central office expenditures so that per-pupil expenditure data is consistent and comparable across the State. 2. Report per-pupil expenditure data with key information that provide context on differences in funding such as school type, student demographics, and student outcomes. 3. Provide optional trainings to increase understanding of the data. As a result, this bill is intended to enable all taxpayers, parents, and schools to understand their school spending and resources in order to make data-driven decisions for students.

This Act provides county and municipal police and firefighters with the same pension burial benefit that is provided to state employees effective July 1, 2016. This Act is named for Wilmington Firefighters Captain Christopher M. Leach, Lieutenant Jerry W. Fickes, and Lieutenant Ardythe D. Hope, who lost their lives fighting a house fire on September 24, 2016.

This Act relates to police and fire pension funds created under Title 18 of the Delaware Code. The General Assembly created a special fund in the hopes of ensuring adequate pensions for affected police officers and firefighters, and their surviving spouses. This has not come to pass with regard to all pensions, however. By way of example only, the average surviving spouse in the Wilmington Police and Fire retirement plan receives a pension of only $10,080, which is $1,090 dollars below the 2012 poverty level. Moreover, there have been only five disbursements under the special fund in its 48 year history. To address this, the Act would allow for an additional manner of providing distributions from the related special fund established for Police and Fire pensions. Specifically, disbursements from the fund to be made under this Act would be biennial and structured in 3 categories. The 3 categories are based upon length of retirement and whether the eligible individual is a surviving spouse or receiving a disability pension.

This bill authorizes the creation of a Delaware Voluntary Property Assessed Clean Energy (D-PACE) program to establish a clean energy financing program for the installation of energy efficiency technologies and clean energy systems for qualifying commercial real properties statewide. PACE programs are authorized in more than 30 states nationwide. The financing will be secured by and payable from a voluntary assessment imposed on the property benefited by the qualifying energy improvement. The bill calls upon the Sustainable Energy Utility (SEU) to administer the program and establish a statewide financing program to aid counties in expanding clean energy projects in their jurisdictions. Projects under D-PACE can be financed through the SEU or other participating financial institutions.

This bill allows first-time home buyers to pay their portion of the realty transfer tax at the rate that was in effect prior to the increase that took effect on August 1, 2017. The credit is calculated as 0.5% of the first $400,000 in home value, with a maximum allowable credit of $2,000. This legislation is retroactive for any first-time home buyer who entered into a transaction for the transfer of real estate on or after August 1, 2017. The seller in any transaction with a first-time buyer will still pay the current tax rate. The bill also removes a provision that applied to contracts entered into prior to 1971, since such provision is no longer relevant. For ease of application, the new definition of "first-time home buyer" is cross-referenced in the already existing Code provision directing the counties to exempt such buyers from any county-imposed realty transfer tax. This reduction in the tax rate for first-time home buyers will be effective for transactions entered into on or after the effective date of this Act.

This Act requires paid tax preparers to sign any tax return or refund they file and be subject to a $50 civil penalty for any violation with a maximum penalty of $25,000 in any calendar year. The Act also permits a court of competent jurisdiction to enjoin any paid tax preparer from understating a tax payer’s liability or taking an unreasonable position. The Act also permits a court to enjoin a paid tax preparer from, where required, failing to furnish a copy of a return or claim for refund, failing to sign a return or claim for refund, failing to furnish an identifying number, failing to retain a copy of the return, failing to be diligent or failing to correct information. The Act also permits an injunction if the paid tax preparer negotiates a check without permission, engages in any criminal conduct, guarantees payment of any specific tax refund amount, or engages in any other fraudulent or deceptive conduct.

This bill provides technical changes and also creates the Committee on Employment and Social Services consolidating the work conducted by the Welfare Employment Committee and Social Service Advisory Council created by Executive Order Six-Eight signed by then Governor Michael N. Castle.

This Act fulfills recommendations made by the Joint Legislative Oversight and Sunset Committee by doing the following: (1) Establishing 2 new, nonvoting members to serve on the State Board of Education ("Board"). The new members are a former Delaware Teacher of the Year and a Delaware 11th or 12th grade student. (2) Defining the duties of the Board’s Executive Director. (3) Clarifying that the Executive Director is selected by the Board; is an employee of the Department of Education, subject to all of the Department’s employment policies and procedures; but serves at the pleasure of the Board. (4) Requiring the Board to rotate its meetings among the 3 counties of this State in such a way to facilitate parents’, teachers’, and other community members’ attendance. (5) Establishing the circumstances under which a Board member may be removed, using language standard to boards and commissions in this State. (6) Requiring the Board to permit public comment on each agenda item prior to voting on the item and in proximity to the time at which the Board discusses the item. An exception is provided if, under Delaware law or Department or Board rules, the item has a formal comment period or a process for making a record in an administrative matter that has closed before the Board’s discussion of the agenda item. Examples of matters that qualify for the exception include charter school applications or formal reviews, amendments to Department of Education and Professional Standards Board regulations, and student appeals. The intent of the exception is to exclude Board actions that are quasi-judicial in nature and therefore not appropriate to open to public comment. This Act also corrects 2 internal references and makes other technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The Division of Small Business, Development and Tourism was created by 81 Del. Laws ch. 49 and placed in the Department of State. This enactment transferred certain responsibilities for economic development, formerly in the Delaware Department of Economic Development, to this Division. The purpose of this Act is to address administrative housekeeping matters involving this transfer of responsibilities for economic development. Specifically, this Act changes the name of the Division of Small Business, Development and Tourism to the Division of Small Business. The Division of Small Business will remain in the Department of State and be responsible for economic development activities transferred to the Division of Small Business, Development and Tourism in 81 Del. Laws ch. 49. This Act also does the following: (1) Sets a new date for the submission of the Comprehensive State Plan for Economic Development and unifies the economic development reporting requirements of the Division of Small Business. (2) Limits the terms of members of the Council on Development Finance (“Council”) appointed after July 1, 2018. (3) Eliminates the requirement that all Council members be physically present to constitute a quorum for meetings, to foster greater efficiency in making economic development recommendations to the Division of Small Business. (4) Further deletes reference to programs governed by prior acts of the General Assembly such as the Agriculture/Aquaculture Program, the Liberty Court Apartments project, and the Human Investment and Partnership Program, to the extent that these programs are no longer active. Finally this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.