| SB 32 w/ HA 1 | Signed | Henry | This Act establishes a procedure by which a mortgagee that changes its notice address from the notice address as provided in any mortgage or assignment of mortgage may, at its option, provide public notice of its new notice address. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MORTGAGES. |
| HB 133 | Signed | Jaques | This bill would create an end date for the special filing deadline created by school board vacancies that arise after the second Friday in February. The new end date for these vacancies would be the first Friday in March. Any vacancies that arise after the first Friday in March would be filled by the remaining members on the School Board for the remainder of the fiscal year. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD ELECTIONS. |
| HB 137 | Signed | Viola | This bill eliminates the conflict between Section 2047, which requires a voter to vote at the polling place where he or she currently resides, and Section 4941, which enables a voter to vote where he or she formerly resided. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS |
| HB 135 | Signed | Viola | This bill eliminates the "10-day hold" before registering a voter who is eligible to vote. This bill also allows the Department in lieu of the Board to remove voters who no longer reside in Delaware. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| HB 138 w/ HA 1 | Signed | Viola | This bill replaces the National Change of Address process with another non-discriminatory process of cancelling the registrations of persons who are no longer permanent residents of Delaware. It also gives the Department of Elections, instead of the State Board of Elections, the authority to cancel registrations of persons who authorize the cancellation of their registrations because they are no longer permanent residents of Delaware. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| HB 139 | Signed | Jaques | This bill allows the election cycle regarding contributions from political parties and political action committees to reset after the Primary Election as it does for other contributors. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| HB 154 | Signed | B. Short | Currently, claims that arise at the death of the decedent are treated the same as claims that arise after the decedent's death. This bill changes how claims that arise at the time of decedent's death are treated by including them in the same class of claims that arise during the decedent's lifetime. By making this change, claims that arise at the death of the decedent would need to be based upon the conduct of the decedent rather than the conduct of the personal representative who, at the time of decedent's death, has not yet been appointed. | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO CREDITORS' CLAIMS AGAINST DECEDENTS' ESTATES. |
| HB 168 | Signed | Jaques | This bill eliminates the outdated provisions relating to mobile registration while maintaining the right of any person to register to vote at any county office of the Department of Elections. | AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS. |
| HB 169 | Signed | B. Short | Section 1 of the Act (i) clarifies that the defined term “agents”, as used in chapter 33 of title 12, consistent with common usage of the term, includes all agents defined as such by the general law of agency; (ii) modifies section 3312 to provide that the rules of that section, permitting certain investments and transactions with affiliates, apply in cases where the investment or counterparty to the transaction is affiliated with an agent having discretionary investment authority over a fund either by reason of a delegation to the agent by a fiduciary or by reason of a direct grant of such discretion to the agent; (iii) adds a new section 3313A, patterned upon section 3313, regarding the duties and liability of a trustee in cases where the trust instrument grants another co-trustee exclusive authority to take specified actions on behalf of the trust; (iv) grants trustees the general power to indemnify lenders as customary commercial loan documents sometimes require such indemnities; (v) clarifies the circumstances in which a trustee may merge trusts pursuant to section 3325(29); (vi) corrects typographical errors in sections 3332 and 3333; (vii) clarifies the circumstances in which certain trust beneficiaries may appoint a successor trustee pursuant to section 3336; (viii) makes section 3338 regarding nonjudicial settlement agreements available to charitable trusts and noncharitable purpose trusts subject to certain limitations described therein; (ix) revises section 3341 to address how a trust merger affects a power of appointment exercisable over property of a trust merged with and into another trust; and (x) revises section 3342 to make certain stylistic changes and address the power of an agent or guardian to consent to a trust modification on behalf of a trustor.
Section 2 of the Act (i) revises section 3528 to incorporate a provision, appearing in the recently promulgated Uniform Trust Decanting Act, permitting trustees to effect a trust decanting without creating a new separate trust; (ii) modifies the wording but not the substantive terms of section 3541; (iii) clarifies section 3545 regarding the execution requirements for certain trusts; (iv) corrects a typographical error in section 3546; (v) clarifies that a sale or exchange for full and adequate consideration is not a “disposition” for purposes of Delaware’s asset protection trust legislation meaning that (1) a person engaging in such a transaction does not become a settlor of the trust by reason of the sale or exchange, and (2) such a transaction may not be avoided by a creditor; and (vi) adds a new limitations period for actions against a trustee following the trustee’s departure from office.
Section 3 of the Act conforms the tax ordering rules of section 61-107, applicable to express unitrusts, with the tax ordering rules of section 61-106, applicable to unitrusts created by means of the conversion procedure described in that statute.
Section 4 of the Act revises Delaware’s “tax trap” legislation (chapter 5 of title 25) to create a new method, in addition to the method already available under current law, by which the donee of a power of appointment over trust property may avoid the application of the general default rule of section 501(a) of title 25 providing that interests in property created by the exercise of such power of appointment are deemed to have been created at the time of the exercise of the power.
Section 5 of the Act revises section 1636 of title 30 to create a new rule of application, treating the federal taxable income of an electing small business trust as having been set aside for distribution in future taxable years, for purposes of determining the amount of the trust’s section 1636 deduction for federal taxable income set aside for future distribution to nonresident beneficiaries.
Section 6 of the Act provides that it shall apply to trusts whenever created. | AN ACT TO AMEND TITLES 12,25 AND 30 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS, PROPERTY AND STATE TAXES. |
| HB 206 | Signed | Keeley | This Act allows the Division of Motor Vehicles to issue a conditional license at the request of the Justice of the Peace for a Driving Under the Influence offender whose charge is still pending, but whose license has been suspended by the Division of Motor Vehicles. The conditional license can only be issued on the condition that the offender submit to continuous sobriety monitoring. This Act ensures that a person can enter a sobriety monitoring program, but not face the loss of full licensure that would negate the benefits of entering and participating in such a program. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVER’S LICENSE REVOCATION. |
| HB 199 | Signed | Mitchell | The Board of Pension Trustees has established policies and practices for the administration of the Delaware Public Employees Retirement System. Based on the recommendations of the Board’s Best Practices review, this Act will codify some of these policies and practices. The Act also indemnifies committee members and clarifies the frequency of Board meetings and authorized methods of communication for obtaining quorum and voting. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BOARD OF PENSION TRUSTEES. |
| HB 202 | Signed | Carson | This Act addresses new requirements on fingerprinting and criminal history reports from the Federal Bureau of Investigation and allows the Thoroughbred Racing Commission to continue its long standing practice of obtaining fingerprints and criminal history reports from the State Bureau of Information for individuals seeking to be licensed to participate in horse racing in Delaware. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO HORSE RACING. |
| HB 200 w/ HA 2 | Signed | Heffernan | This bill sets a minimum reimbursement rate for home health care nursing services paid for by Medicaid-contracted organizations. The rate shall be at least equal to the rate set by the Division of Medicaid for equivalent services. Home care nurses and aides give Delawareans with disabilities the option to remain at home with their families and prevents unnecessary use of higher-cost hospitals, nursing homes and rehabilitation facilities. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO MEDICAID AND HOME HEALTH CARE. |
| HB 215 | Signed | Longhurst | This bill eliminates the sunset provision on the “at-store” recycling program for plastic bags. The program established in 2009 included a sunset provision until 2014. In 2014, the General Assembly extended that sunset provision to 2017. This bill eliminates the sunset provision permanently to encourage the continued routine for consumers to recycle plastic bags through “at-store” programs.
The bill will also require all stores subject to the requirements of this section to register by June 30, 2018, and provide information to DNREC regarding compliance on a form to be provided by DNREC. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION. |
| HB 212 | Signed | Carson | This Act amends the Clayton Charter to provide more time between the deadline for filing requirements and Election Day. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF CLAYTON RELATING TO ELECTIONS. |
| HB 4 w/ HA 1 | Signed | Longhurst | This legislation amends the Delaware Code to establish the Department of Human Resources by transferring various divisions and other organizational units from the Office of Management and Budget to the newly established Department of Human Resources. The powers and duties of the Director of the Office of Management and Budget and the Secretary of the Department of Human Resources are aligned to reflect the transfers of the divisions and other organizational units of the newly established Department of Human Resources. Various sections of the Delaware Code are amended to reflect changes in titles and nomenclature.
This bill also establishes Office of Women's Advancement and Advocacy. This bill sets forth that the Office of Women's Advancement and Advocacy will be a unit of the Department of Human Resources. The purpose of this Office is to promote the equality of women in all areas of society. Functions of the Office include fostering and facilitating collaborations between all facets of government and private businesses to eliminate gender-based bias and discriminatory practices, study and report on the status of women in the State, compile and analyze statistics, advise executive and legislative bodies on the effect of proposed legislation, make specific legislative proposals and submit a report to the Governor, Secretary of the Department of Human Resources and the General Assembly at the beginning of every General Assembly of the Office’s activities and recommendations. The bill establishes that the governing body of the Office is the Commission for Women comprised of 9 members.
This bill provides that the Office of Women’s Advancement and Advocacy oversees the Delaware Women’s Hall of Fame Committee and the Delaware Women’s Workforce Council. The Delaware Women’s Hall of Fame Committee shall have 7 members and the Delaware Women’s Workforce Council shall be comprised of 11 members. Delaware Women’s Workforce Council shall conduct a study of gender-based inequities in workplaces in Delaware, recommend policies to remove gender-based inequities in the workplace, and develop and publish best practices for employers to achieve gender equality. | AN ACT TO AMEND TITLES 14, 15, 18, 19, 29 AND 31 OF THE DELAWARE CODE TO PROVIDE FOR THE REORGANIZATION OF STATE GOVERNMENT BY CREATING THE DEPARTMENT OF HUMAN RESOURCES; TRANSFERRING SELECTED DIVISIONS AND OTHER ORGANIZATIONAL UNITS FROM THE OFFICE OF MANAGEMENT AND BUDGET AND DEPARTMENT OF STATE TO THE DEPARTMENT OF HUMAN RESOURCES; AMENDING REFERENCES TO SUPERSEDED AGENCIES OR OFFICERS; ALIGNING THE DUTIES OF THE SECRETARY OF HUMAN RESOURCES, THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, AND THE SECRETARY OF STATE; AND TO PROVIDE FOR THE REORGANIZATION OF THE OFFICE OF THE COMMISSION ON WOMEN BY CREATING THE OFFICE OF WOMEN’S ADVANCEMENT AND ADVOCACY WITHIN THE DEPARTMENT OF HUMAN RESOURCES. |
| HB 214 w/ HA 1 | Signed | Mulrooney | This bill amends merit compensation bargaining unit by allowing non-uniformed correctional employees, including correctional counselors, correctional administrative staff and similar occupations, to bargain over compensation. These correctional employees are presently the only correctional employees excluded from compensation bargaining. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO COLLECTIVE BARGAINING FOR STATE EMPLOYEES. |
| HB 216 | Signed | Keeley | This amendment to Section 8-200 of the Charter of the City of Wilmington raises some of the threshold amounts for bid requirements in the procurement process. The purpose of the amendment is to improve City of Wilmington procurement procedures, increase public access to City of Wilmington contracting opportunities through the authorization of internet advertising, and authorize the City of Wilmington to participate in cooperative purchasing agreements with other public procurement agencies. | AN ACT TO AMEND THE HOME RULE CHARTER OF THE CITY OF WILMINGTON RELATING TO CONTRACTS AND PROCUREMENT REQUIREMENTS. |
| HB 220 | Signed | Bentz | This act establishes the Addiction Action Committee as a means to establish a comprehensive, coordinated strategy to address addiction in Delaware. The committee is authorized to make recommendations on a comprehensive approach to address and monitor the addiction crisis. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUG ABUSE. |
| HCR 50 | Passed | Briggs King | This resolution recognizes November 2017 as “Native American Heritage Month” in Delaware.
| RECOGNIZING NOVEMBER 2017 AS "NATIVE AMERICAN HERITAGE MONTH" IN DELAWARE. |
| HB 230 | Signed | Jaques | This bill expands the population of war veterans who are eligible to be awarded a high school diploma. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STATE HIGH SCHOOL DIPLOMAS FOR VETERANS WHO SERVED DURING IDENTIFIED PERIOD OF WAR OR CONFLICT. |
| HB 224 | Signed | Viola | Car theft was the primary impetus behind state codes prohibiting a motor vehicle owner to leave a car unattended with the keys in the ignition; a common habit to warm-up the vehicle during colder months. From 2013 to 2015, a total of 206 cars were stolen in Delaware due to the owner leaving the keys in the car while unattended; of these, 12 went unrecovered. Improved technology, such as remote starters, has instigated changes to these outdated statutes in several states. This Act excludes motor vehicles that are started by a remote starter or other similar device without a key in the ignition and that would be rendered inoperable without the key in the ignition or present within the vehicle. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO UNATTENDED MOTOR VEHICLES. |
| SB 122 w/ HA 1 | Signed | Walsh | This Act fulfills recommendations made by the Joint Legislative Overview and Sunset Committee (“JLOSC”) by making amendments to the State Human Relations Commission’s (“the Commission”) governing statute.
First, this Act changes the number of members on the Commission to a more manageable number, 18 members, and adjusts appointment language accordingly, including providing for staggered appointments so that members’ terms do not expire all at the same time. To provide the Commission with sufficient time to reorganize itself with the new number of members, Section 1 of this Act takes effect 1 year after the date of enactment.
Next, this Act adds several provisions that are administrative in nature: defining the Commission’s quorum and requiring quorum to meet and conduct business; language standard to boards and commissions regarding the removal of members for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance; and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Finally, this Act fulfills the JLOSC recommendation that the Commission’s governing statute include reference to its duties under other chapters of the Delaware Code. Current Delaware law provides that the Commission has duties under Chapters 45 and 46 of Title 6, the Equal Accommodation Act and Fair Housing Act, respectively. Senate Bill No. 49 (“SB 49”) of the 149th General Assembly, however, if enacted, will create a new Chapter 78 in Title 6, under which the Commission will have duties related to Homeless Individuals’ Bill of Rights. In order to accommodate the possibility of a new chapter in Title 6 which should be referenced in the Commission’s governing statute, §§ 3004 and 3005 have been drafted as two versions. The first version of each, Sections 4 and 6, include references to the new Chapter 78, while the second version of each, Sections 5 and 7, do not. Therefore, Section 10 of this Act provides that Sections 4 and 6 take effect if SB 49 is enacted during this General Assembly, and Sections 5 and 7 take effect if SB 49 is not enacted during this General Assembly. | AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE STATE HUMAN RELATIONS COMMISSION. |
| HB 252 | Signed | K. Williams | Section 1 of this Act enhances the State’s ability to collect delinquent taxes by (a) allowing for renewal of a judgment for unpaid taxes beyond the current 20 year limit for an additional term of 20 years, and (b) allows for recording of a judgment for unpaid taxes in any county of the State. Section 2 makes it clear that this legislation is effective as of July 1, 2017. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATED TO PROCEDURE, ADMINISTRATION AND ENFORCEMENT OF LIABILITY FOR TAXES. |
| HB 255 w/ HA 1 | Signed | Heffernan | This Act establishes the ability of state and school district employees to use the “donated leave” program to donate and accept annual leave and sick time for use by employees in connection with the birth or adoption of a child under the age of 6 years. An employee becomes eligible to receive such leave upon the birth of a child to the employee or employee’s spouse or upon adoption of a child younger than 6. Such an employee remains eligible for 6 months after such birth or adoption. The recipient may also use donated leave for a period of 1 year following the birth or adoption for absence related to maternal or pediatric medical appointments. Provided, however, that a recipient of donated leave must first use all of his or her accrued sick time and half of his or her annual leave. Where the recipient does not accrue annual leave, the recipient must have used all but 3 of that employee’s sick days prior to utilizing donated leave. All other established terms and conditions for donated leave remain the same. | AN ACT TO AMEND TITLES 14 AND 29 OF THE DELAWARE CODE RELATING TO DONATED LEAVE. |
| HB 258 w/ HA 1 | Signed | Mitchell | This bill allows for the donation of either sick leave or annual leave without having to do so in equal amounts. Additionally, a person can donate sick leave or annual leave but does not have to donate both. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DONATED LEAVE. |
| SA 1 to HS 1 for HB 180 | Passed | Sokola | This Amendment makes two changes to House Substitute No. 1 to House Bill No. 180 as amended by House Amendment No. 3. It changes the requirement of providing identity theft prevention or, as applicable, mitigation services in the event of a breach involving a social security number to a requirement to provide credit monitoring services in the event of such a breach. It also changes the effective date of the legislation from 120 to 240 days to allow additional time for businesses to comply with the notification requirements. | |
| SA 1 to HS 1 for HB 173 | Passed | Townsend | This Amendment modifies the definition of "physical injury" in Subchapter V of Chapter 30F for § 3073F, regarding the seizure and impoundment of dangerous or potentially dangerous dogs so that physical injury means both impairment of physical condition and substantial pain instead of one or the other. | |
| HJR 7 | Signed | Longhurst | Health care spending in Delaware is higher than the national average and has historically outpaced the State’s economic and revenue growth, contributing to the State’s current structural deficit. To combat ever rising costs, this Joint Resolution authorizes the Secretary of the Department of Health and Social Services to undertake the actions necessary to establish a health care benchmark, and designating the State’s 2018 fiscal year as a planning year. The Secretary is directed to consult with stakeholders in developing the benchmark. | CONFERRING UPON THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES THE NECESSARY POWERS AND AUTHORITY TO ESTABLISH AND PLAN FOR THE MONITORING AND IMPLEMENTATION OF AN ANNUAL HEALTH CARE BENCHMARK. |
| HJR 8 | Signed | Q. Johnson | This Joint Resolution creates an Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) that is tasked with developing a report concerning the State’s historic budgeting practices, the need for reasonable restrictions on the use of budget surpluses, the benefits of a budget stabilization fund, and such other matters as the Advisory Panel deems appropriate. A preliminary report shall be submitted to the General Assembly and the Governor no later than May 1, 2018. | CREATING AN ADVISORY PANEL TO THE DELAWARE ECONOMIC AND FINANCIAL ADVISORY COUNCIL TO STUDY POTENTIAL FISCAL CONROLS AND BUDGET SMOOTHING MECHANISMS. |
| HCR 52 | Passed | Keeley | This Resolution creates an Adult Use Cannabis Task Force to study issues surrounding the possible future legalization of non-medical, adult use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue, and banking issues and to submit a report to the Governor and General Assembly by January 31, 2018. | CREATING THE ADULT USE CANNABIS TASK FORCE. |
| SA 1 to HCR 39 | Passed | Bonini | This amendment removes the provision found in House Amendment No. 2 that the Task Force should study and make findings related to the inclusion of charter schools in school districts and as part of school district consolidation. | |
| SA 1 to HB 147 | Passed | Bushweller | This Amendment provides that the increased fees proposed in House Bill No. 147 that are collected in Fiscal Year 2018 shall be used to make grants-in-aid appropriations in Fiscal Year 2018. | |
