| HB 43 w/ HA 1 + SA 1 | Signed | J. Johnson | This bill clarifies that a Department of Correction's employee who has served for 25 years with at least 20 years as a correction officer is eligible to retire at 25 years. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PENSIONS. |
| HB 70 w/ HA 1 | Signed | Bennett | Under current educational standards, students are no longer required to be taught cursive writing and many schools have abandoned teaching cursive writing to students. As cursive writing is still an imperative skill in many professions, this bill makes teaching cursive writing a requirement for all public schools in Delaware. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATIONAL REQUIREMENTS. |
| 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 81 | Signed | B. Short | This legislation revises § 5006 of the Insurance Code to track the National Association of Insurance Commissioner’s Model Holding Company Act with respect to the Commissioner’s power to examine insurers and have access to books and records of insurers in order to ensure compliance with the Holding Company Act. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE. |
| HB 86 | Signed | B. Short | This bill corrects an unintended consequence of House Bill No. 15 of the 148th General Assembly, signed into law by the Governor on June 24, 2015, by preventing double taxation of premium ceded to a series captive insurance company or protected cell. This bill also precludes premium taxation of series limited liability companies, exclusive of any series thereof, when premium is written only in the series of such of series limited liability companies. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE. |
| HB 87 w/ HA 1, HA 2 | Signed | B. Short | This bill enhances Delaware's attractiveness as a captive insurance domicile by creating a streamlined and inexpensive regulatory regime for captive insurance companies that are dormant. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO CAPTIVE INSURANCE. |
| SB 38 | Signed | Townsend | For purposes of clarity regarding Delaware's commitment to supporting Delawareans with disabilities, including military service-related disabilities, this Act codifies existing county-level tax exemptions. Absent this Act, Delaware will continue to be one of the only states, if not the only state, that is silent at the state level with regard to exemptions for service-related disabilities.
This Act requires a county government to provide exemptions to real property taxes for individuals with a disability that are at least as generous as the exemptions currently provided by the county government. In addition, if a county government provides an additional exemption to real property taxes for individuals with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services, the county government must provide exemptions that are at least as generous as the exemptions currently provided by the county government. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO EXEMPTIONS TO REAL PROPERTY TAXES FOR AN INDIVIDUAL WITH A DISABILITY. |
| SB 68 | Signed | Ennis | The primary purpose of this bill is to provide for an increase in fees collected with annual hazardous chemical inventory reports submitted by facilities. The bill also makes certain technical corrections.
Sections 1 and 2 of the bill add the term “safety data sheets,” where applicable, so that the terminology in Chapter 63, Title 16 of the Delaware Code comports with federal and international standards.
Section 3 of this bill would increase the current fee per hazardous chemical from $40 to $60, and per extremely hazardous substance from $80 to $100, starting in 2018. Existing fee amounts are maintained for reports submitted late for back years. The fees were originally established in 1991, and have remained unchanged for 26 years. Fees collected are appropriated to the State Emergency Response Commission (SERC), and are used primarily to support operation of Local Emergency Planning Committees (LEPCS). Funds are also used to support emergency response vehicles for decontamination.
Section 4 of this bill removes an unneeded provision that conflicts with the purpose of the fees as stated within Chapter 63.
Section 5 inserts an exemption provision omitted when Chapter 63 was originally established, and provides alignment with related federal reporting requirements. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT. |
| 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. |
| SB 77 | Signed | Hocker | As a result of the passage of the in Inland Bays Aquaculture Act, numerous ongoing concerns have been raised during subsequent public meetings and a public hearing. As a result of those meetings, the Secretary's Order No. 2016-W-0049 reduced the number and location of leasable sites, and eliminated oyster aquaculture in the Little Assawoman Bay. This Act seeks to ensure the following: sites eliminated in the Secretary's Order cannot be considered for leasing for aquaculture; the elimination of poles as a form of markings of any and all leased sites within the Little Assawoman Bay; and limiting all aquaculture leased sites in the Little Assawoman Bay to hard clams only. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO AQUACULTURE. |
| 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. |
| SB 82 w/ SA 1, SA 2 | Signed | Simpson | This Act amends the Milford City Charter. The changes are comprehensive in nature and designed to amend and revise many of the outdated provisions dating back to the Act reincorporating the City of Milford in 1970. Many of the changes are technical in nature, including updated terminology and re-organization. There are substantive changes to certain procedures including annexation, tax collection, voting, and vacancies. Some provisions are being removed due to their current inapplicability, such as those relating to the City Alderman. There are also changes updating the powers and authority of city officials along with new provisions relating to ethics and the code of conduct. | AN ACT TO AMEND THE CHARTER OF THE CITY OF MILFORD. |
| HB 178 w/ HA 1 | Signed | Lynn | The children of parents who divorce or were never married often share a surname with only one parent, which may lead to confusion or hardship when schools, doctors, or others fail to recognize the child’s connection with the parent with whom the child does not share a similar surname. Parents and children in such circumstances have compelling reason to seek to add a second surname to the child’s name.
Delaware law currently provides that a petition to change a minor’s surname should be granted if there are no reasons for not granting the petition. This standard applies to changing a minor’s name, regardless of whether the change is to eliminate and replace an existing surname or simply add a second surname, and also puts the burden on the petitioning parent to demonstrate that the petition should be granted.
This Act separates circumstance in which a parent seeks to replace a minor’s surname from those in which a parent seeks to add to the minor’s surname, by establishing a presumption in favor of granting a petition to add a parent’s surname to a minor’s surname either as an additional name or hyphenated with the minor’s previously existing surname. The presumption in favor of granting the petition may be overcome by the opposing parent establishing by clear and convincing evidence that the consideration of several, specific factors demonstrate that granting the petition would cause the minor more harm than benefit.
The factors specified in this Act are taken from the larger list of factors which Delaware Courts have developed through case law to consider when determining whether to grant a petition to change a minor’s surname and do not include the factors which are relevant only when a parent seeks to replace, rather than add to, the minor’s surname. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MINORS' PETITIONS FOR NAME CHANGE. |
| HB 181 | Signed | M. Smith | This Act makes updates to how reports of child abuse and neglect are handled by the various members of the multidisciplinary team. The Act codifies the multidisciplinary team and case. The Act adds additional duties to the Investigation Coordinator, law enforcement, the Department of Justice and the Division of Family Services that are current best practices but not required by law. The Act reorganizes the section pertaining to the Division of Family Services to reflect current best practices. The Act allows nurse practitioners to take emergency protective custody.
This Act also makes technical corrections to conform existing law to standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RESPONSES TO CHILD ABUSE AND NEGLECT. |
| HB 182 | Signed | M. Smith | This bill clarifies that the reviews of child abuse and neglect deaths and near deaths are confidential and should not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Protection Accountability Commission are protected. Finally, the bill clarifies that any duties of the State for public disclosure in these cases under the federal Child Abuse Prevention and Treatment Act will not be fulfilled by these confidential reviews conducted by the Commission as Delaware’s Citizen Review Panel. | AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO RESPONSES TO CHILD ABUSE AND NEGLECT. |
| HB 183 | Signed | M. Smith | This Act clarifies that the reviews of child and maternal deaths are confidential and may not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Death Review Commission are protected. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD DEATH REVIEWS. |
| HB 189 | Signed | Mitchell | The “Advanced Wireless Infrastructure Investment Act” creates a new Chapter 16 of Title 17 that will accelerate investment in mobile broadband infrastructure and ready the State for the next wave of economic development in the digital economy. In recognition of the shift from landline to wireless communications, the Act authorizes wireless providers access to the State’s rights of way and establishes a Statewide policy for deployment of small wireless cells to meet the growing demand for wireless services which provide Delaware citizens with access to advanced technology, information and 911 services. | AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO HIGHWAYS. |
| SB 93 w/ SA 1 | Signed | McBride | This bill allows holders of gill net and hook and line permits to accept transfer of quotas from other commercial fishermen and catch the combined hook and line and gill net quota for striped bass using the equipment for which they hold a permit. The bill also allows commercial fishermen to use gill net tags during hook and line activities and hook and line tags during gill net activities. Additionally, the bill eliminates a specific reporting requirement. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FINFISHING. |
| HB 191 | Signed | Dukes | This act amends the Charter of the Town of Laurel so that the Mayor and members of the Town Council are only paid for meetings which they attend. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL. |
| SB 96 | Signed | Lopez | This Act amends the Charter for the City of Lewes to make residents who are not property owners or leaseholders in the City or in an area to be annexed ineligible to vote in a special annexation election. This Act also creates a new Section 40, providing for the indemnification of City officers and employees in criminal, civil, quasi-judicial, and administrative actions in appropriate circumstances. | AN ACT TO AMEND THE CHARTER OF THE CITY OF LEWES RELATING TO VOTER ELIGIBILITY IN SPECIAL ANNEXATION ELECTIONS AND INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES. |
| 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. |
| SB 98 | Signed | Pettyjohn | This Act amends the Charter of the Town of Georgetown by establishing that registration of voters for municipal elections shall be administered and conducted by agreement with and pursuant to regulations promulgated by the Department of Elections for Sussex County. This Act further establishes the procedure for handling uncontested elections. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF GEORGETOWN RELATING TO THE REGISTRATION OF VOTERS AND UNCONTESTED ELECTIONS. |
| SB 99 | Signed | Pettyjohn | This legislation eliminates front footage calculations as the sole method of collecting sewer assessments for county sewer users. It provides a broad list of possible methods of determining the amount of the sewer assessment for each property, including, but not limited to front footage, usage, fixtures, Equivalent Dwelling Units (EDUs) or other factors. The methods are the same as those currently in Chapter 67 of the Delaware Code for sewer charges. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO THE DELETION OF FRONT FOOTAGE CALCULATION AS THE ONLY METHOD OF DETERMINING SEWER ASSESSMENTS. |
| 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 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. |
| SB 108 | Signed | Ennis | SB 164 of the 148th General Assembly created a special license plate for professional paramedics and retired professional paramedics. This Act provides an additional officer, at the county level, to verify an applicant's eligibility for this special license plate. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE OR REGISTRATION PLATES. |
| 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 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. |
| 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. |
| SB 123 | Signed | Pettyjohn | This Act allows motor vehicles with a registered gross weight of 5,000 pounds or less to be assigned any type of number plate and motor vehicles with a registered gross weight of greater than 5000 pounds but less than 10000 pounds may be assigned any type of number plate except an “RV” plate. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VEHICLE REGISTRATION. |
