New laws proposed on motorcycle helmets, dangerous dogs
When the General Assembly convenes on Jan. 10, they will be met by some already-filed bills, including one that would require all motorcycle riders to wear a helmet.
Other pre-filed measures include one that would prevent cities and towns from labeling dogs dangerous because of their breed, one that would eliminate the estate tax and one that would provide more special education services to young students.
Current law requires motorcyclists to merely keep a helmet with their motorcycle, but does not require riders to actually wear it unless they are 19 or younger.
MORE: The results of races for the General Assembly
MORE: State faces a $350 million budget gap
Rep. Sean Lynn, D-Dover, and Sen. Gary Simpson, R-Milford, have proposed legislation that would require every motorcyclist to wear a helmet. They cite traffic statistics that show almost half of the 48 people who died in motorcycle crashes in Delaware since 2014 were not wearing helmets.
Lynn sponsored a similar bill 2015 at the urging of a constituent whose husband suffered a traumatic brain injury in a crash without a helmet. But the bill stalled in committee amid opposition from motorcyclists who said it was government overreach.
Lynn argues taxpayers end up paying for the long-term care of those who suffer brain injuries in a crash, so helmets are in the public's interest. He compared helmet laws to laws requiring seat belts.
"This isn't government overreach, this is common sense," Lynn said.
A bill sponsored by Sen. Charles Potter, D-Wilmington North, and Sen. Dave Sokola, D-Newark, would ban local governments from passing ordinances that label all dogs of a specific breed as "dangerous." Owners who have such dogs must follow strict requirements on leashing and keeping the animals indoors or behind secure fences, and can be fined for violations.
MORE: Two lonely pit bulls get their Christmas miracle
MORE: Mauling sends Newark 8-year-old on journey to save her arm
There have been fights in some cities across the country over whether certain breeds of dog, like pit bulls and rottweilers, should be considered dangerous. Advocates for such laws say they protect residents, particularly children, but owners of those breeds say they are discriminating against animals that can be as loving and gentle as any pet.
Potter's bill would prevent towns from imposing such laws. Instead, dogs could only be labeled dangerous based on their individual behavior.
Another bill would bar students from dropping out of school until they are 17 years old. Currently, they can do so at age 16.
Primary sponsor Timothy Dukes, R-Laurel, says the bill was inspired by a constituent who works in schools.
"She sees this as a major problem because a kid realizes at 16 they can just drop out and be gone," Dukes said. "When you look at the stats about what happens to a kid who drops out of school, it's just really staggering. It's very bleak."
Dukes said the bill should get bipartisan support. Co-sponsors include members of both parties, including two former education committee chairs.
A slew of Republicans have signed onto a bill to repeal the estate tax, which applies to inheritances of more than $5.12 million. Delaware created an estate tax in 2009, but it has yielded smaller returns than hoped for — in the 2015-2016 fiscal year, it brought in about $9.3 million, according to the Delaware Economic and Financial Advisory Council.
GOP lawmakers have argued the tax hurts the state more than it helps because it drives out wealthy residents who pay the most in taxes. But repealing taxes could be difficult in a year when the state is grappling with a budget hole as big as $350 million.
Rep. David Bentz, D-Newark, is bringing back a bill that did not get a final vote in the last legislative session. It would remove a rule that bars people convicted of felonies from receiving benefits through the Temporary Assistance for Needy Families program, which helps families get by while their breadwinner searches for a job.
Bentz has argued that rule makes it harder for felons to reintegrate into society, which increases the likelihood that they will re-offend.
Rep. Kim Williams, D-Newport, is also re-sponsoring a bill that didn't pass last year. It would provide school districts extra funding for students in the "basic" special needs category in kindergarten through third grade — currently, districts don't get extra money for those students until fourth grade.
Contact Matthew Albright at malbright@delwareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.