Rep. Michael Mulrooney

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 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.

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.

Individuals who are released from prison face many hurdles as they re-enter the community, including difficulty obtaining identification documents. Lacking identification imposes additional hurdles as these individuals attempt to find housing and employment. This Act requires the Department of Correction to provide individuals who are being released from the custody of the Department of Correction ("DOC"), after 6 months of incarceration following conviction, with a Delaware Personal Credential Card ("Personal Credential"). An individual may present the Personal Credential to receive one free certified copy of the individual's birth certificate and one identification card or driver's license, if otherwise eligible to receive those documents. This Act builds on the pilot that has been in place since 2012, when the DOC partnered with the Division of Motor Vehicles and the Department of Health and Social Services to obtain identification for individuals who volunteer to participate in the I-ADAPT re-entry program. Currently, individuals in I-ADAPT receive a Prisoner Re-Entry card, valid for 1 year, that can be used to obtain to obtain a free copy of their birth certificate, if they were born in Delaware, and a free identification card, if otherwise eligible to receive one.

Since 1973, § 9605(b) of Title 9 of the Delaware Code (“§ 9605”) has prohibited the recordation of instruments that restrict the sale, gift, transfer, assignment, conveyance, ownership, lease, rental, use, or occupancy of real property to or by any person because of the person’s race, color, creed, sex, national origin, or ancestry. This Act provides a mechanism for owners of real property subject to an instrument that contains a provision that restricts property rights based on the list of characteristics included in § 9605, including the governing documents of a common interest community, to redact and strike the unlawful restrictive covenant language from instruments recorded with a county recorder of deeds before the original enactment of § 9605 or in violation of § 9605. This Act also amends the list of characteristics included in § 9605 that may not be used to discriminate in the sale, gift, transfer, assignment, conveyance, ownership, lease, rental, use, or occupancy of real property to make it consistent with Delaware’s fair housing laws. However, this Act makes clear that provisions that are permitted by the exceptions to the Delaware Fair Housing Act are not prohibited from being recorded by a recorder of deeds. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act makes the following changes to the Charter of the City of New Castle: 1. Changes the offices of City Clerk and City Treasurer to appointed offices rather than elected offices. This change is consistent with many other Delaware municipalities and supported by the lack of citizen interest in holding these offices with very few contested elections for these positions in the past 20 years. 2. Requires a super majority of Council to remove an appointed City Clerk or City Treasurer to help assure the independence of these offices and insulate them from removal on purely political grounds. 3. Authorizes the creation of other appointive offices by ordinance or resolution. 4. Adopts a "resign to run" provision whereby elected City officials desiring to run for a different City office must resign their current position. 5. Adopts an oath of office which an elected official must take before assuming office. 6. Declares a particular Councilperson's or the Mayor's office vacant due to the failure of an office holder to attend 3 or more consecutive regular monthly meetings of Council, or more than one-third of Council's regular monthly meetings in any consecutive 12 month period. 7. Requires a special election to fill vacancies in elective positions if the next scheduled general election in the City is more than 6 months away instead of having Council fill the vacancy by appointment. 8. Removes the ability of a Councilperson to participate in Council meetings via teleconference. 9. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The state is currently funding service providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to service providers according to the recommendations of the market study, so that by fiscal year 2021 the state would fund service providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), to improve recruitment and retention of these positions, to decrease staff turnover, and to decrease position vacancies. Along with the corresponding costs for program oversight, direct supervision of DSPs, and training, stabilizing the DSP workforce with increased pay is essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities. The bill also requires that the adequacy of the rate system be evaluated against performance measures that are commonly used to assess program quality.

As poll from 2017 revealed that 31% of people in the United States have been sexually harassed in the workplace. The United States Equal Employment Opportunity Commission released a comprehensive study of workplace harassment in the United States which concluded that between 25% and 85% of women reported having experienced sexual harassment in the workplace. However, the Commission estimated that 75% of all workplace harassment incidents go unreported. The purpose of this bill is to combat sexual harassment in the workplace and to ensure the safety and dignity of all employees in Delaware. This bill defines sexual harassment and makes employers responsible for the sexual harassment of an employee by a supervisor or by another employee when the employer knew or should have known about it and failed to take appropriate corrective action. Moreover, this bill prevents an employer from retaliating against an employee for filing a discrimination charge. This bill includes a requirement that the Department of Labor create an information sheet pertaining to sexual harassment that employers must distribute to employees. Employers having more than 50 or more employees in Delaware will be required to provide sexual harassment training to all employees and supervisory employees which must be conducted every 2 years. This bill also empowers the Department of Labor to investigate violations of this Act and gives the Department jurisdiction over all sexual harassment cases which includes an administrative process. This bill requires the Department of Labor to post the requirements in this bill on its website and perform outreach necessary to educate employers of the requirements. This bill takes effect on January 1, 2019.

This Act increases the maximum tax credit available for owner occupied historic property by $10,000. This Act also makes a technical correction to the existing law.