Delaware Bills

in committee · Delaware · House Jan 4, 2019

HB 33: AN ACT PROPOSING AN AMENDMENT TO THE DELAWARE CONSTITUTION RELATING TO THE TERMS OF SENATORS AND REPRESENTATIVES.

This proposed Constitutional Amendment establishes 20 year term limits for Representatives and Senators beginning with those terms of office elected during the general election of 2022. If a Representative or Senator serves 20 consecutive years in the same office, they would not be eligible for re-election at the next general election for that chamber. Any ineligible candidate would be able to run again for this seat in the general election that follows this term of ineligibility.

in committee · Delaware · House Jan 4, 2019

HB 25: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO GARBAGE COLLECTION IN NEW CASTLE COUNTY.

This Act allows Civic Associations in unincorporated areas of New Castle County to create garbage collection districts for units in their subdivision or housing development and contract for garbage collection.

in committee · Delaware · House Dec 13, 2018

HB 14: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This Act creates the following new tax brackets: 1. At $125,000, with a rate of 7.10%. 2. At $250,000, with a rate of 7.85%. This Act also creates a tiered reduction of the otherwise available itemized deduction based on the individual's taxable income.

in committee · Delaware · House Dec 13, 2018

HB 13: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF FUNDS RECEIVED BY THE STATE OR A STATE AGENCY FROM SETTLEMENTS OR OTHER FINAL ORDERS OR JUDGMENTS OF A COURT.

This Act reaffirms the Constitutional requirement that the General Assembly appropriate money belonging to the General Fund by making clear that funds received by the State or a State agency from settlements or other final orders or judgments, other than those funds awarded specifically to a party or consumer or as attorneys' fees, or explicitly directed otherwise by law, are to be deposited to the General Fund and may not be transferred or expended until the funds are appropriated by the General Assembly. Included in the exclusion, are all funds that exist in the Delaware Code where the law provides for the money that must go to the specific fund and how the money in that fund may be spent.

in committee · Delaware · Senate Oct 5, 2018

SB 22: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SERVICE PENSIONS FOR CERTAIN STATE EMPLOYEES.

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.

in committee · Delaware · Senate Oct 5, 2018

SB 124: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE POLICE ACCREDITATION COMMISSION.

This bill appoints the Secretary of the Department of Safety and Homeland Security as Chair of the DPAC and removes the President Pro Tem and the Speaker of the House from the Commission. This bill also makes technical corrections in conformance with the Legislative Drafting Manual and clarifies that members may appoint a designee to serve in their place and at their pleasure.

in committee · Delaware · Senate Jul 1, 2018

SB 267: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ARCHAEOLOGICAL RESOURCES IN THIS STATE.

Section 5301(3) of Title 7 provides that it is the Department of State’s (“Department”) duty “to protect and encourage the preservation of archaeological resources located on privately owned lands in this State.” This Act enables the Department to better fulfill this duty by requiring a person required to submit a project for pre-application review under § 9204 of Title 29 to submit the following as part of the review process: (1) Any existing archeological report or survey concerning the property that is in the applicant’s possession. (2) Any proposal to conduct an archeological report or survey of the property prepared for or at the request of the applicant. This Act replaces Senate Bill No. 248.

in committee · Delaware · Senate Jul 1, 2018

SB 248: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ARCHAEOLOGICAL RESOURCES IN THIS STATE.

Section 5301(3) of Title 7 provides that it is the Department of State’s (“Department”) duty “to protect and encourage the preservation of archaeological resources located on privately owned lands in this State.” This Act enables the Department to better fulfill this duty by requiring both of the following: (1) A person who proposes or plans to subdivide or rezone privately owned land subject to pre-application review under § 9203 of Title 29 to submit to the Director the Division of Historical and Cultural Affairs (“Director”) any proposed or existing study or report on archaeological resources on the privately owned land. (2) The Director to review the study or report submitted and provide comment relating to the protection or preservation of archaeological resources on the privately owned land.

in committee · Delaware · House Jun 30, 2018

HB 454: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO VOLUNTARY SCHOOL ASSESSMENTS.

This Act promotes diversity of housing in Delaware by acknowledging that not all residential units warrant the same Voluntary School Assessment. Currently, single family residential subdivision projects are subject to the same per unit Voluntary School Assessment as an apartment project, regardless of size and number of bedrooms. The current framework can place an undue burden on multi-family and smaller unit residential projects. This Act seeks to mitigate this burden for redevelopment plans by eliminating the Voluntary School Assessment for one-bedroom apartment units, such that the per unit Voluntary School Assessment would be charged only for each residential unit containing two or more bedrooms, and further by reducing the Voluntary School Assessment cap to 2.5 percent of the total cost of the residential unit. This Act further recognizes that relief in support of the above-mentioned policy is most appropriate for redevelopment projects where any financial burden on the school system potentially caused by reducing the Voluntary School Assessment is mitigated by taxes previously paid to the school district for the prior development.

in committee · Delaware · House Jun 30, 2018

HB 253: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENROLLMENT FOR THE SUSSEX COUNTY VOCATIONAL-TECHNICAL HIGH SCHOOL DISTRICT.

This Act extends the enrollment reduction requirements and clarifies that enrollment shall not exceed 1,250 students as of the 2017-2018 school year and each school year thereafter.

in committee · Delaware · Senate Jun 30, 2018

SB 254: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKPLACE FRAUD.

This bill raises the civil penalty for a violation of section 3503 of the Workplace Fraud Act ("Act") from a range of $1,000 to $5,000 to $5,000 to $20,000. The bill also raises the civil penalty for wrongful discharge or discrimination under the Act from a range of $5,000 to $10,000 to $20,000 to $50,000. Finally, this bill provides that civil penalties and other revenue collected will be retained by the Department of Labor for enforcement purposes.

in committee · Delaware · House Jun 28, 2018

HB 477: AN ACT TO AMEND TITLE 29 RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

This Act provides a post-2011 employee who relied on misinformation that the employee would have a vested right to a reduced pension if the employee can prove, by a preponderance of the evidence, that the employee: (a) Was employed by a non-State employer. (b) While employed by a non-State employer, the employee vested in a pension plan that would pay the employee a greater amount than the employee projected to be payable to the employee as a post 2011-employee, based on the employment under which the employee first became a post-2011 employee. (c) But for the employee’s reasonable understanding that the employee would vest in a pension as a pre-2011 employee, the employee would not have resigned from employment with the non-State employer. Under this Act, the Board of Pension Trustee’s Executive Secretary makes the determination whether a post-2011 employee qualifies for a pension as a pre-2011 employee, and Executive Secretary’s determination is appealable to the Board. If the Executive Secretary determines that a post-2011 employee has met the standard for vested in a pension as a pre-2011 employee, when the employee has 5 years of qualifying credited service and is 62 years or older, the employee is eligible to receive a pension that is reduced by 4/10 percent of each month the employee has less than 15 years. This Act takes effect January 1, 2019.

Bill results