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Delaware Legislation

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149th General Assembly - Session

House Bills

HB 14 - Rules of the Road

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Bill Number: HB 14 
Description: An Act to amend Title 21 of the Delaware Code relating to the Rules of the Road.  Under current Delaware law, every adult operating or riding a motorcycle is required to have a helmet in his or her possession while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet. This Act requires that every person, regardless of age, who operates or rides a motorcycle wear a helmet while doing so. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. Of the 49 motorcycle fatalities in Delaware since 2014, just over half of the motorcyclists, 28, were wearing helmets at the time of the crash.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 21 - Nondiscrimination in Access to Organ Transplantation

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Bill Number: HB 21 
Description: An Act to amend Title 16 of the Delaware Code relating to Nondiscrimination in Access to Organ Transplantation.  This Act takes steps to ensure that individuals with disabilities are not denied access to organ transplant procedures based solely on their disability. Historically, individuals with disabilities have sometimes been denied access to life-saving organ transplants based on assumptions that people with disabilities are less worthy of care, or assumptions that the lack support services and/or the ability to follow post-transplant treatment plans. This bill prohibits denying a person with a disability a referral, evaluation and recommendation for transplantation solely on the basis of a non-medically significant disability and notes that persons who have the necessary support system to comply with post-transplant medical requirements should not have the inability to independently comply with those requirements held against them. The Act does not require referrals, recommendations or performance of medically inappropriate organ transplants. It affirms the state's commitment to the elimination of discrimination on the basis of disability.  HA 1 which provides a mechanism for addressing discrimination in violation of this section in state court was placed with the Bill.  
Bill Status: Out of Committee in House


DHA Position: No Position

HB 25 - Appropriations for the Expense of the State Government for the Fiscal Year Ending June 30, 2018

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Bill Number: HB 25 
Description: 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.  This Bill is the Fiscal Year 2018 Appropriation Act.  
Bill Status: House Appropriations Committee


DHA Position: No Position

HB 28 - Practice of Dental Hygiene

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Bill Number: HB 28 
Description: An Act to amend Title 24 of the Delaware Code relating to the Practice of Dental Hygiene.  According to the American Dental Association, approximately 1/3 of Americans face challenges accessing dental care, where access challenges include difficulty getting to a dental office and overcoming financial barriers. In order to increase access to basic dental services, this bill will allow for dental hygienists to travel to certain facilities and provide dental hygiene services. Under existing law, a dental hygienist may only act under the general supervision of a dentist in the dental office, state institutions, or schools. Prior to offering these services, the facility owner/operator and the patient/legal guardian must approve of the dental services to be provided, and adequate safeguards must be provided, including the referral to a licensed dentist for consultation. This bill also updates the definition of the practice of dental hygiene services.
Bill Status: House Administration Committee


DHA Position: No Position

HB 29 - Judgements

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Bill Number: HB 29 
Description: An Act to amend Title 10 of the Delaware Code relating to Judgements.  This bill establishes a writ of attachment of tax refunds and lottery winnings. This bill provides a procedure for interception of tax refunds and lottery winnings by the Department of Finance for judgments resulting from a breach of a residential or commercial rental agreement. This bill provides for the opportunity to contest the amount owed in regards to funds seized pursuant to a writ of attachment of tax refunds or lottery winnings. The bill directs the Department of Finance to work with the Courts to develop an electronic system relating to the collection of judgments through tax refunds and lottery winnings. The bill also directs the Courts and Department of Finance to work together and make a recommendation as to the amount of a special fee that is meant to offset the development, implementation and administration of the collection of judgments through tax refunds and lottery winnings. The Department and Finance are directed to provide a report to the General Assembly by January 10, 2018 regarding the costs of administrating this provision and an appropriate off-setting fee to be charged for issuance of the writ described herein. Sections 1 and 2 of the bill will not take effect until ongoing funds are provided to develop, implement and administer Sections 1 and 2, and until legislation is passed implementing the new fee. 
Bill Status: Out of Committee in House


DHA Position: No Position

HB 30 - Information Return Filing Deadlines

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Bill Number: HB 30 
Description: 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.
Bill Status: House Revenue & Finance Committee


DHA Position: No Position

HB 35 - Board of Massage and Bodywork

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Bill Number: HB 35 
Description: An Act to amend Title 24 of the Delaware Code relating to the Board of Massage and Bodywork.  This bill sets forth a framework for the licensing, regulation and inspection of business establishments that provide massage and bodywork services. This bill places oversight of any business offering massage services in the hands of the Board of Massage and Bodywork. Specifically, it defines “massage establishment,” and grants authority to the Board of Massage and Bodywork to grant or deny licensure of such establishments and adopt regulations pertaining to the licensure, maintenance and standards to be applied to such establishments. It provides authority for the Division or Professional Regulation to inspect such establishments without any advance notice or concurrent criminal investigation. This bill imposes criminal and civil penalties, including injunctive relief, fines, and imprisonment, for the unlicensed practice of massage and bodywork and the operation of an unlicensed massage establishment.
Bill Status: Out of Committee in House


DHA Position: No Position

HB 39 - Concurrent Jurisdiction

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Bill Number: HB 39 
Description: An Act to amend Title 10 of the Delaware Code relating to Concurrent Jurisdiction.  This Act extends Family Court's jurisdiction under Chapter 50, Title 16, over a youth who has a mental condition and requires services or treatment but is not amenable to or compliant with such services. This Act applies only to youths who are under the custody of the Department of Children, Youth and Their Families when they turn 18 years old and, prior to turning 18 years old, were identified as having or diagnosed with a mental condition as defined in § 5001 of Title 16. Jurisdiction under this Act does not require DSCYF to provide foster care board extension payments or stipends to a youth. This Act has no effect on a youth reaching the age of majority at 18 years or on DSCYF's custody over a youth terminating by operation of law when the youth turns 18 years old. 
Bill Status: House Judiciary Committee


DHA Position: No Position

HB 40 - Mental and Behavioral Health Transition Plans

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Bill Number: HB 40 
Description: An Act to amend Title 13 of the Delaware Code relating to Mental and Behavioral Health Transition Plans.  This Act authorizes the Family Court to order the Department of Health and Social Services ("DHSS") to determine whether a child who is 17 years old or older and in the custody of the Department of Services for Children, Youth and Their Families ("DSCYF") qualifies for adult mental or behavioral health services. If the child does qualify for adult mental or behavioral health services, this Act authorizes the Family Court to order that DHSS coordinate with DSCYF to develop and implement a transition plan for mental or behavioral health services for the child.
Bill Status: House Judiciary Committee


DHA Position: No Position

HB 46 - DNA Analysis and Data Bank

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Bill Number: HB 46 
Description: An Act to amend Title 29 of the Delaware Code relating to DNA Analysis and Data Bank.  Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act.
Bill Status: House Public Safety & Homeland Security Committee


DHA Position: No Position

HB 50 - School Nurses

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Bill Number: HB 50 
Description: An Act to amend Title 14 of the Delaware Code relating to School Nurses.  This Act seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive state funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a “match tax”, to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.
Bill Status: House Education Committee


DHA Position: No Position

HB 57 - Limited Liability Companies

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Bill Number: HB 57 
Description: An Act to amend Title 6 of the Delaware Code relating to Limited Liability Companies.  To obtain obedience to federal laws protecting national security, with the help of registered agents, this Bill will prevent the use of our Limited Liability Act by persons and nations identified by federal agencies as a threat to this country. The bill also seeks to prevent existing limited liability company owners who are on the lists of prohibited persons or governments, but may have formed a Delaware LLC already, from getting involved in industries in which the federal government has placed restrictions on certain investments. Requiring clearance from the Committee on Foreign Investments in the U.S. for their plans will enable the Secretary to waive this provision when it is received. Registered agents must be the parties to screen for identified threats because those with a contract with the Department of State enter applications on its computers on a regular basis. CFIUS seldom prevents investments, (two since 1989 to be precise) but it may ask for mitigation in some way to reduce the potential threat involved. This Act will not impact the ability of almost any applicant to easily form an LLC nor does it require any companies to disclose more information to the Secretary of State in its application for certification than is now required.
Bill Status: House Economic Development/Banking/Insurance/Commerce Committee


DHA Position: No Position

HB 61 - Personal Income Tax

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Bill Number: HB 61 
Description: An Act to amend Title 30 of the Delaware Code relating to Personal Income Tax.  This bill will add 4 new check-off donation boxes on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to one of the following organizations: Food Bank of Delaware, Sussex County Habitat for Humanity, Central Delaware Habitat for Humanity, or Habitat for Humanity of New Castle County.
Bill Status: House Revenue & Finance Committee


DHA Position: No Position

Senate Bills


SB 10 - Minimum Wage

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Bill Number: SB 10 
Description: An act to amend Title 19 of the Delaware Code relating to Minimum Wage.  This Act increases the minimum wage required to be paid in this State by 50 cents a year beginning in 2017 and ending in 2020. After 2020, the minimum wage required to be paid in this State increases based on cost-of-living adjustments under the federal Social Security Act.This Act also makes technical corrections to conform to existing law related to the State’s deferral to the federal minimum wage to the guidelines of the Delaware Legislative Drafting Manual. In addition, this Act requires that employers pay an increased minimum wage based on cost-of-living adjustments under the federal Social Security Act in any year in which the federal minimum wage does not increase.
Bill Status: Senate Labor Committee


DHA Position: No Position

SB 15 - A Bond and Capital Improvements Act - FY 2018

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Bill Number: SB 15 
Description: A Bond and Capital Improvements Act of the State of Delaware and certain of it’s 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 Transport Authority; appropriating special funds of the Delaware Transportation Authority; appropriating general funds of the State; reprogramming certain funds of the State;  directing the deposit of certain funds of the general fund; specifying certain procedures, conditions and limitations for the expenditure of such funds; and amending certain statutory provisions.  This Bill is the Fiscal Year 2018 Bond and Capital Improvements Act.  
Bill Status: Senate Capital Improvement Committee


DHA Position: No Position

SB16 - Bond and Capital Improvements Act - FY 2017

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Bill Number: SB16 
Description: An Act to amend the Laws of Delaware relating to the Bond and Capital Improvements Act of the State of Delaware and certain of its Authorities for the Fiscal Year ending June 30, 2017.  This Act amends the Fiscal Year 2017 Bond and Capital Improvements Act to 1) authorize the expenditure of prior year Community Redevelopment Funds for public safety purposes in the City of Wilmington; 2) clarify the applicability of prevailing wage provisions on Community Transportation Fund and Municipal Street Aid projects; 3) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects 4) allow for the use of certain operating funds of local school districts as a match for school construction; 5) allow Cape Henlopen to transfer certain unobligated major capital improvement funds for the Sussex Consortium Building project; and 6) to authorize the Office of Management and Budget to execute loand collateral-related documents related to the New Castle County Courthouse parking facility.
Bill Status: Senate Passed
House Passed


DHA Position: No Position

SB 17 - Anatomical Gifts

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Bill Number: SB 17 
Description: An Act to amend Title 16 of the Delaware Code relating to Anatomical Gifts.  This bill provides for research or transplantation of organs and other anatomical gifts as authorized under federal law among donors who have tested positive for exposure to HIV and intended recipients who have also tested positive for exposure to HIV. Delaware is currently the only state that has laws prohibiting the use of HIV positive organs for HIV positive recipients entirely, including the use of organs as part of a research protocol.
Bill Status: Senate Passed


DHA Position: No Position

Previous Delaware General Assembly Legislation
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