| HB 16 w/ HA 1 | Signed | Ramone | This bill will sunset the Delaware Estate Tax on December 31, 2017. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE ESTATE TAX. |
| HB 11 | Signed | Bentz | This Act removes the prohibition against receipt of Temporary Assistance for Needy Families (“TANF” also referred to by the name Aid for Families with Dependent Children or “AFDC”) funds by persons convicted of a drug felony, so long as that person is otherwise eligible or TANF assistance.
Even though federal laws such as PRWORA passed during the War on Drugs frequently prohibited access to public assistance for persons with drug felonies, these laws also gave states flexibility in determining eligibility for food aid and cash assistance for families with children when applicants had a criminal conviction. The majority of states have limited the federal bans in whole or in part. In 2011, Delaware opted out of restrictions on food aid, but it has not opted out of or limited federal restrictions on TANF—the cash assistance program that is the principal form of assistance available to most families in poverty to pay for things like electricity bills or school supplies.
Under existing law, individuals convicted of any state or federal drug felony, including possession of marijuana (which can be a felony under federal law), are ineligible for TANF for life. Although the children of a parent convicted of a drug crime can still receive assistance, the family’s overall award is significantly reduced, and in practice this affects the well-being of families and children. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR PUBLIC ASSISTANCE. |
| SB 59 w/ SA 1 | Signed | Walsh | This Act replaces the current multistate nurse licensure compact with an enhanced version. The enhanced Nurse Licensure Compact allows for registered nurses and licensed practical nurses to have one multistate license, with the privilege to practice in their home state and other compact states. Under the enhanced version, all nurses practicing under a multistate license must meet a minimum set of licensure requirements, including a fingerprint federal criminal background check. Nurses who fail to meet these requirements will not be eligible for a multistate license, and multistate privileges will be removed from nurses when disciplinary actions are taken against a home state multistate license. If Delaware fails to enact the enhanced nurse multistate licensure compact, Delaware nurses with current multistate licenses will no longer be permitted to practice in states that have enacted the enhanced version. Currently, 13 states have adopted this enhanced Compact and legislation to adopt it is pending in 15 other states. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A MULTISTATE NURSE LICENSURE COMPACT. |
| HB 141 | Signed | Lynn | This Act authorizes the Family Court to interview a child outside the presence of the parties for the purpose of obtaining the child's testimony and ascertaining the truth of a matter asserted by a party to a Protection from Abuse proceeding. The Court may permit counsel to be present during the interview and ask the child questions. The Court may also permit a party who is not present for the interview to submit questions of fact for the Court to use in interviewing the child. Interviews under this Act must be made a part of the record. | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FAMILY COURT PROCEDURE. |
| HB 147 w/ SA 1 | Signed | B. Short | This bill implements across-the-board increases to the filing fees associated with Department of Insurance filings, including for insurer Certificates of Authority, producer and adjuster licenses, annual statement filings, and rate and rule filings. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FEES AND CHARGES COLLECTED BY THE INSURANCE DEPARTMENT. |
| HB 175 | Signed | Schwartzkopf | This Act alters various fees assessed by the Delaware Secretary of State. The Act provides that most changes to the fees and taxes assessed will take effect on August 1, 2017; however increases to the maximum franchise tax and the late penalty for the filing of an annual franchise tax report shall take effect for the tax year beginning January 1, 2017, and the increase of the assumed par value multiplier for calculation of the corporate franchise tax and the authorized shares multiplier for corporations with greater than 10,000 authorized shares for calculation of the corporate franchise tax shall take effect for the tax year beginning on January 1, 2018. | AN ACT TO AMEND TITLE 6, TITLE 8, AND TITLE 12 OF THE DELAWARE CODE RELATING TO VARIOUS FEES AND TAXES CHARGED BY THE SECRETARY OF STATE. |
| HB 207 | Signed | Keeley | This Act provides judicial economy in the disposition of Driving Under the Influence (“DUI”) offenses by providing a trial for misdemeanor DUI offenses only in the Court of Common Pleas. This Act permits the Justice of the Peace Court to accept guilty pleas and first offender elections. This Act also requires that any offense properly joined with a DUI offense remains so joined for the purpose of trial. Under current Delaware law, all cases are initiated in the Justice of the Peace Court for the purposes of setting bail. On June 30, 2017, the State’s ability to transfer these cases, provided by House Bill 277 of the 147th General Assembly, sunsets. Thereafter, in matters over which the Justice of the Peace and the Court of Common Pleas have concurrent jurisdiction, only the defendant has a statutory right and mechanism (11 Del. C. § 5303) to transfer to the Court of Common Pleas. A single track for the disposition of DUI offenses also provides a mechanism for all DUI offenders to be considered for the specialized, treatment-focused post-adjudication “DUI Court” in the Court of Common Pleas. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE DRIVING A VEHICLE WHILE UNDER THE INFLUENCE. |
| SS 1 for SB 79 | Signed | Townsend | This Act makes corrections and changes to Senate Bill No. 13 of the 149th General Assembly (81 Del. Laws, c. 1), which was signed February 2, 2017, as follows:
Section 1 ensures holders have sufficient time to comply with Senate Bill No. 13’s due diligence requirements with owners.
Section 2 clarifies that the State will indemnify and defend a holder against claims made by a foreign jurisdiction for property paid or delivered to the State Escheator in good faith.
Section 3 corrects an internal reference.
Section 4 corrects an inconsistency among dates.
Sections 5 and 6 correct certain date issues that may arise if the Department of Finance chooses to publish final regulations later than July 1, based upon comments received in May on the proposed regulations published in the April issue of the Register of Regulations.
Section 7 allows the State Escheator to waive interest in certain circumstances.
This Substitute to Senate Bill No. 79 differs from Senate Bill No. 79 as follows:
(1) It makes no change to § 1147(a) of Title 12.
(2) It makes changes to §§ 1176 and 1183 of Title 12 (as noted above regarding Sections 5 and 6 of this Act).
(3) It makes changes to the State Escheator’s authority to grant waivers of interest under § 1185 of Title 12 (Section 7 of this Act). | AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATED TO ABANDONED OR UNCLAIMED PROPERTY. |
| HB 226 w/ HA 1, HA 2, HA 3 | Signed | B. Short | Recognizing a fundamental economic change toward businesses that require innovation, The Honorable John C. Carney, Governor of the State of Delaware, issued Executive Order One on January 18, 2017 creating a Working Group of business and government leaders to study methods to improve coordination between the public and private sectors, attract growing businesses and foster economic development throughout the State. The Governor appointed members of the Working Group representing government, business leaders and the community.
The Working Group conducted public meetings in the State to receive input from the public on issues related to business development and retention in the changing economy. The Working Group considered research and input from experts in the area of public/private partnerships as well as statutes and data from other states. The Working Group issued a report to the Governor on April 7, 2017 recommending the establishment of a public/private partnership in Delaware to focus on investment attraction, entrepreneurship and innovation, talent development and retention, and research and analysis.
Upon consideration of the Working Group report, the General Assembly intends to appropriate funding for the Public/Private Partnership, a nonprofit public/private partnership comprised of leaders in the public, business and the community to build a stronger entrepreneurial environment in the State. The Public/Private Partnership will focus on leveraging private resources to improve business recruitment, retention and expansion, identify and develop a talented workforce, connecting with the global economy and building a stronger entrepreneurial environment. To ensure public accountability the Partnership will submit to the Governor and the General Assembly tax returns, financial statements, organizational polices and will make available for inspection meeting minutes.
To make the most efficient use of available resources, this legislation eliminates the Delaware Economic Development Office because the public/private partnership will be conducting business attraction and development functions formerly performed by that Office. This legislation transfers tourism, the Delaware Motion Picture and Television Commission and duties related to administration and the financial analysis of proposed economic development projects to the Department of State. The transfer will improve efficiency, eliminate redundancy and foster business attraction, innovation, tourism, small business development, business retention, minority, women, disadvantaged and veteran owned businesses.
Sections 3 through 21 of this Act simply make conforming changes throughout Title 29 and other titles of the Delaware Code where references to the Delaware Economic Development Office appear. The Division of Small Business, Development and Tourism is referenced in its place. The bill also removes some Code Sections that reference funds and functions that no longer exist. | AN ACT TO AMEND THE DELAWARE CODE RELATING TO STATE ECONOMIC DEVELOPMENT AND TRANSFERRING THE FUNCTIONS OF THE DELAWARE ECONOMIC DEVELOPMENT OFFICE TO A DIVISION OF THE DEPARTMENT OF STATE. |
| HB 241 w/ HA 1 | Signed | Schwartzkopf | This Act increases the State’s alcoholic beverage tax rates. The rate for beer increases by 2¢ per 12 ounce can. The rate for wine increases by approximately 3¢ per 5 ounce serving. The rate for spirits containing more than 25% ethyl alcohol by volume increases by 15¢ per 750 ml bottle. | AN ACT TO AMEND CHAPTER 5, TITLE 4 OF THE DELAWARE CODE RELATING TO TAXES ON ALCOHOLIC BEVERAGES. |
| SJR 2 | Signed | McDowell | This Joint Resolution urges the Federal Energy Regulatory Commission to accept either alternative cost allocation methodology of the Artificial Island Project as presented by PJM. | URGING THE FEDERAL ENERGY REGULATORY COMMISSION TO ACCEPT EITHER OF PJM INTERCONNECTION, L.L.C.’S ALTERNATIVE METHODOLOGIES FOR ALLOCATING THE COST OF THE ARTIFICIAL ISLAND PROJECT AS RECOMMENDED BY GOVERNOR CARNEY AND GOVERNOR HOGAN. |
| HB 281 | Signed | M. Smith | This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2018.
Section 1 – Government Units and Senior Center $18,608,587
Section 2 – One-Times and Community Agencies $13,684,001
Section 3 – Fire Companies $4,712,084
Section 4 – Veterans Organizations $244,233
GRAND TOTAL $37,248,905
| AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2018; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS. |
| SB 125 | Signed | Sokola | This Bill is the Fiscal Year 2018 Bond and Capital Improvements Act. | A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2018; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS AND SPECIAL FUNDS OF THE STATE; REVERTING AND REPROGRAMMING CERTAIN FUNDS OF THE STATE; DIRECTING THE DEPOSIT OF CERTAIN FUNDS TO THE GENERAL FUND; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS. |
| HJR 9 | Signed | M. Smith | This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2017 | THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2017 |
| HJR 10 | Signed | M. Smith | This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2018. | THE OFFICIAL GENERAL FUND REVENUE ESTIMATE FOR FISCAL YEAR 2018. |
| HS 1 for HB 275 | Signed | M. Smith | This Substitute is the Fiscal Year 2018 Appropriation Act. | AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2018; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. |
| HB 279 | Signed | Schwartzkopf | This Act increases by 1% the rate of realty transfer tax to be received by the State. | AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO REALTY TRANSFER TAX. |
