Delaware 149th General Assembly (2017-2018) Status: To Executive Bipartisan · 6 D · 6 R cosponsors

HB 113 — AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO EARNED INCOME TAX CREDIT.

Last action — Vetoed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. Vetoed by Governor

  2. Passed By House. Votes: 37 YES 1 NO 3 ABSENT

  3. Passed By Senate. Votes: 21 YES

  4. Amendment SA 1 to HB 113 - Passed By Senate. Votes: 21 YES

  5. Assigned to Finance Committee in Senate

  6. Passed By House. Votes: 34 YES 6 NO 1 ABSENT

  7. Amendment HA 1 to HB 113 - Passed By House. Votes: 35 YES 5 NO 1 ABSENT

  8. Amendment HA 1 to HB 113 - Introduced and Placed With Bill

  9. Reported Out of Committee (Revenue & Finance) in House with 12 On Its Merits

  10. Introduced and Assigned to Revenue & Finance Committee in House

Sponsors

Sponsorship breakdown

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5 sponsors · 18 co-sponsors · 39 not signed on · 6 voted No

Not signed on (39)

39 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3/5

Passed 37 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 23101
Democratic 6001
Republican 8001
Total 37103
% of votes cast 90%2%0%7%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Nay
John J. Viola — Not Voting
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Not Voting
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

3/5

Passed 34 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 20401
Democratic 6100
Republican 8100
Total 34601
% of votes cast 83%15%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Nay
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Nay
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Not Voting
James Johnson — Yea
John A. Kowalko — Nay
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Nay
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Nay
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 113 do?
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.
Who sponsors HB 113?
HB 113 is sponsored by David P. Sokola (Democratic), Lyndon D. Yearick (Republican), Brian Pettyjohn (Republican), Bryan Townsend (Democratic), Timothy D. Dukes (Republican), Ronald E. Gray (Republican), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Daniel B. Short (Republican), Jeffrey N. Spiegelman (Republican), Charles Potter Jr., Michael Mulrooney, John L. Mitchell, Helene M. Keeley, Ruth Briggs King, David Bentz, Ernesto B Lopez, Anthony Delcollo, Valerie Longhurst, Gregory F. Lavelle, and Paul S. Baumbach.
What is the current status of HB 113?
This bill died with 149th General Assembly (2017-2018). It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 113?
Track HB 113 free on One Click Politics — get push/email alerts when it moves.

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