Delaware Bills

in committee · Delaware · House Mar 1, 2018

HB 321: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER CONTRACTS.

This Act requires that consumer contracts which contain automatic renewal provisions, also known as “evergreen clauses”, must clearly and conspicuously disclose the terms of the automatic renewal and procedures for cancelling the renewal. In contracts that renew after 12 months or more, the provider of goods or services must provide an additional written notice to the consumer no less than 60 and no more than 30 days before the time for cancellation expires, along with information on how to cancel. This provision allows businesses to continue the practice of using automatic renewals, while seeking to ensure consumers are fully aware of the terms of the contract and are not caught off guard by a renewal buried somewhere in the fine print. Violation of the terms of this Act can result in an award to the consumer of treble damages plus attorneys fees and may also be addressed through the authority of the Consumer Protection Unit of the Department of Justice pursuant to provisions in subchapter IV. A business will not be held liable if it can show that it has put in place policies and procedures to comply with this Act, and that any violation of the renewal provisions was the result of an error, and that any funds collected from a consumer in violation of the Act have been refunded.

in committee · Delaware · House Mar 1, 2018

HB 320: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.

This bill lowers the blood alcohol content requirement for driving under the influence from .08 to .05.

in committee · Delaware · House Mar 1, 2018

HB 315: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND CANDIDATE DISCLOSURES.

This Bill requires all statewide and other candidates that may appear on the general election ballot to disclose whether or not all their State and Federal personal income tax returns are filed and any tax due has been paid and whether or not all their real property taxes have been paid.

in committee · Delaware · Senate Jan 25, 2018

SB 145: AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2019; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS.

This Bill is the Fiscal Year 2019 Appropriation Act.

in committee · Delaware · House Jan 25, 2018

HCR 61: REQUESTING THAT THE JOINT FINANCE COMMITTEE PRIORITIZE THE RESTORATION OF GRANTS-IN-AID FUNDING IN THE FY 2019 APPROPRIATION TO THE LEVELS THAT EXISTED IN THE FY 2017 APPROPRIATION.

Providing sufficient surplus state revenue exists, this House Concurrent Resolution requests the Joint Finance Committee to restore to the FY 2019 Grants-in-Aid Bill funding that was removed from the appropriation at the start of the current fiscal year.

in committee · Delaware · House Jan 25, 2018

HB 106: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX.

This bill creates a new tax bracket at $125,000 with a rate of 7.10%, and an additional bracket of $250,000 with a rate of 7.85%.

in committee · Delaware · House Jan 24, 2018

HB 305: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

In 2011, as part of a general overhaul of Delaware’s drug laws, this provision was inserted into Title 16 to allow juvenile adjudications to count as prior qualifying offenses for purposes of increasing the sentence of certain drug offenders. Pursuant to this provision, some defendants convicted of certain drug crimes who have one prior adult drug conviction and one prior juvenile adjudication within the past 10 years face a drastic increase in sentence as follows: A defendant convicted of “drug dealing – aggravated possession”, a class D felony, will be sentenced as if he had committed a class B felony. The sentence for a class D felony is up to 8 years imprisonment. For a class B felony the sentence can be up to 25 years, and 2 years is the minimum mandatory. A defendant convicted of aggravated possession – class E will be sentenced as if she had committed a class B felony. The penalty is elevated from a maximum of 5 years incarceration to, again, a maximum of 25 with a 2 year minimum mandatory. A defendant convicted of aggravated possession – class F will be sentenced as though he committed a class C felony. Class C felonies are punishable by up to 15 years, rather than the maximum of 3 years for a class F. There is no other part of the criminal code that uses a juvenile adjudication as a statutory sentence enhancement in an adult conviction. While repeat drug offenses are a legitimate concern for communities and the criminal justice system, the elevation of the punishment for a crime based on a juvenile adjudication, which was not tried before a jury, and which may be relatively remote in time is of questionable legal merit. Furthermore, in two of the above scenarios, the crime is elevated to one which requires a minimum mandatory sentence, thus reducing the discretion entrusted to judges. This bill removes that portion of Section 4751B that allows a juvenile adjudication to be used as a second “prior qualifying Title 16 conviction.” Prosecutors may still apply the sentencing enhancement for the single qualifying adult conviction that meets the criteria set out in that section, and may use the enhancement for two prior convictions where both convictions occurred when the defendant was an adult. Judges will continue to be able to consider the defendant’s juvenile record as a factor in determining the appropriate sentence. Finally, where a juvenile was tried and sentenced as an adult, that conviction may still be used for the sentencing enhancement.

in committee · Delaware · House Jan 24, 2018

HB 278: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.

This Act changes the term of a school board member from 5 years to 4 years. While longer board member terms enable school board members to have more years as experienced board members, this must be weighed against the goal of providing the community with sufficient opportunities to run for school boards, and to replace school board members. In addition, shorter board member terms can increase the number of candidates who run for office, as a longer term can prevent some individuals from choosing to run for this office.

in committee · Delaware · House Jan 23, 2018

HB 30: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO INFORMATION RETURN FILING DEADLINES.

This Act conforms Delaware’s deadlines for filing certain information returns to those established in the Internal Revenue Code. In an effort to combat identity theft and taxpayer fraud, federal filing dates were recently changed. For example, starting in 2017 the federal deadline for an employer to file aggregated W-2 data with the IRS will be January 31, which is the same date on which W-2s are distributed to individual taxpayers. Prior to this change, the IRS did not receive W-2 data until March 1 meaning that there has been a one-month window in which it could not readily confirm the authenticity of W-2s filed with taxpayers’ returns. Like other states and the IRS, Delaware has had to devote considerable resources to combating fraud and identity theft. By conforming to the new federal standard, Delaware will have data on hand that will help identify and isolate fraudulent filings. As the State’s employers will already be required to comply with the new federal deadlines, conforming Delaware’s filing dates will result in no additional administrative burden.

in committee · Delaware · Senate Jan 23, 2018

SB 135: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION.

In addition to legislation codifying the recommendations of the Clean Water & Flood Abatement Task Force, other important steps around clean water and clean-water infrastructure should be taken. This bill is intended to promote long-term freshwater security by facilitating private-sector investments in watershed enhancement projects designed to protect high-quality drinking water for Delaware. The bill provides that the Public Service Commission may allow a public utility to recover, in its rates, its reasonable incurred capital and ongoing operating costs for watershed enhancement projects that meet are: 1) confirmed as useful in protecting source water by the University of Delaware Water Resource Center; 2) placed into service; and 3) used and useful in the provision of public utility services within a 3-year period before a general rate case filing. The bill also provides that the Commission may authorize an allowance of funds used during the construction of such project. This bill is timely as private-sector entities are actively considering investments like these in areas that will improve Delaware’s water supply and freshwater resources, and in that Delaware advocates are receiving national recognition and funding for the development of these models.

in committee · Delaware · House Jan 19, 2018

HB 160: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO END OF LIFE OPTIONS.

The Delaware End of Life Options Act provides an additional option which terminally ill adults nearing their death can decide to select, to lessen their pain and suffering. The bill clarifies the procedures necessary for making the request, including 1) the presentation of all end of life options which include comfort care, hospice care, and pain control, 2) a physician’s evaluation, 3) medical confirmation by a second physician, 4) psychiatric/psychological counseling when indicated, 5) the passage of two waiting periods, and 6) the completion of a formally witnessed request for prescribed medication. The bill provides many safeguards to ensure the patient is making an informed decision, the right to rescind any request for medication, and immunity for persons participating in good faith compliance with the procedures. When the process is followed with its safeguards, the terminally ill patient is provided the right to receive medication to peacefully end the patient’s life in a humane and dignified manner.

in committee · Delaware · House Jan 17, 2018

HB 234: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF DEADLY WEAPONS.

This act clarifies that the felony of Possession of a Deadly Weapon by a Person Prohibited shall not apply to persons who are prohibited from possessing a deadly weapon solely by their possession of a personal use quantity of marijuana, when such possession qualifies as a civil penalty under Title 16. This bill addresses the legal issue in State v. Murray (Del. Super. 2017).

Bill results