Delaware Bills

This bill allows a pellet gun, airbow, and most other air guns to be possessed and utilized for hunting in Delaware, however, it does not change the classification of airbows and higher powered air rifles as firearms. The bill also does not change that possession of weapons such as “zip guns” and other created weapons are illegal and listed as a dangerous weapon.

Tobacco traffickers move black market contraband cigarettes or other tobacco products purchased from low tax states to be sold in higher tax states, facilitated by individuals or through organized groups. The potential financial gain of tobacco smuggling is immediately apparent. Legal entities pay significant taxes on their product, including $1.01 per pack in federal excise tax; $1.60 per pack of 20 cigarettes and a 15% tax rate of the wholesale purchase price of other tobacco products in Delaware state tax; and typically $0.60 per pack to a settlement fund for health care costs incurred by the states because of tobacco use by their citizens. Manufacturers and distributors of contraband tobacco products reap substantial profits by avoiding federal and state excise taxes. Because of the tremendous profits often associated with cigarette trafficking, organized criminal groups use the proceeds to launder or conceal the proceeds of other criminal offenses. Delaware law currently allows up to 9 packs of cigarettes to be brought into the state without requiring them to be taxed by Delaware; all cigarettes over 9 packs must be taxed. For example, when 2 full cartons, which equate 20 packs, are brought into Delaware, a tax on all 20 packs must be paid to the Division of Revenue. The current penalty for selling, acquiring, holding, owning, or possessing cigarettes is a fine of up to $1,000, imprisonment of up to 90 days in jail, or both. The existing penalty is not in proportion to the profits made through trafficking, and does not serve as a deterrent. This Act establishes that offenses related to cigarette trafficking are class G felonies, and increases the penalties for cigarette trafficking as follows (“the updated penalties”): (1) For the first offense, by a fine of not less than $250 per package but not more than $10,000 total, imprisonment of up to 2 years, or both. (2) For a subsequent offense, by a fine of not less than $350 per package but not more than $30,000 total, imprisonment of up to 2 years, or both. (3) Mandatory seizure of a vehicle used in the first or subsequent offenses. This Act also increases from 10 to 20 the number of packs of cigarettes a person may possess on which the Delaware tax has not been paid or tax stamp has not been affixed. Cigarette trafficking is addressed in both Title 11 and Title 30 of the Delaware Code. To implement the updated penalties, this Act amends the following statutes: (1) Title 11, § 1121, by providing that violation of § 1120(a), which prohibits the sale of a tobacco product unless it has the required tax stamp, is subject to the updated penalties. See Section 1 of this Act. (2) Title 11, §§ 2322 and 2326, by adding § 1120(a) to the list of offenses for which a vehicle may be seized. See Sections 2 and 3 of this Act. (3) Title 30, § 5328, by providing that a person who possesses or transports 21 or more packs of unstamped tobacco products in this State to delivery, sell, or dispose of tobacco products and does not have in their possession invoices or delivery tickets and purchase orders is subject to the updated penalties. See Section 4 of this Act. (4) Title 30, § 5341, by providing that the following offenses are subject to the updated penalties: a. Sale or any pack of tobacco product to which the proper amount of Delaware tax stamps is not affixed. b. A dealer’s refusal to allow the Department of Finance to examine the dealer’s books and records, stock, premises, or equipment. c. Making, forging, altering, or counterfeited a tax stamp to evade the tobacco product tax. See Section 5 of this Act. (5) Title 30, § 5342, by providing that a person who possesses 21 or more packs of unstamped tobacco products, or a dealer who has at the dealer’s place of business any tobacco product that does not have the proper amount stamps or a product for which the tax has not been paid within 72 hours of receiving the product is subject to the updated penalties. See Section 6 of this Act. (6) Title 30, § 5346(b), by providing that a person who sells, acquires, holds, owns, or possesses a cigarette package to which a tax stamp is affixed in violation of a specified list of conditions listed in § 5346(a) is subject to the updated penalties. See Section 7 of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act takes effect 60 days after the date of enactment.

This bill places the same requirements for the issuance of non-potable well permits within existing areas where a water utility has been granted a Certificate of Public Convenience and Necessity as those that currently apply to the issuance of a potable well permit.

This Resolution extends the due date of the final report of the Adult Use Cannabis Task Force from January 31, 2018, to February 28, 2018.

This Resolution extends the due date of the final report of the School Consolidation Task Force from January 30, 2018, to May 15, 2018.

This House Joint Resolution directs the Department of Education, with the assistance of the Delaware State Board of Education, to promulgate regulations that include specific guidelines to prohibit discrimination in school district employment practices or educational programs and activities for students on the basis of any legally-protected characteristic, including gender identity or expression.

This concurrent resolution establishes a Task Force to study and make recommendations regarding the impact of consolidating school districts in the state of Delaware.

This Act is intended to implement the recommendations in the December 9, 2015 Report of the Work A Day Earn A Pay Task Force. The Act will create a Work A Day Earn A Pay Public Works Jobs Program in Delaware.

This resolution creates the Administrative Law Improvement Task Force, which is charged with reviewing Delaware’s Administrative Procedures Act and other related statutes for the purpose of making recommendations to modernize Delaware’s administrative tribunal process, including judicial review of administrative tribunal decisions and processes for disputes involving land use and real property, including the Landlord Tenant Code.

Pay for Success arrangements, whereby a government enters into a contract that ties payment for service delivery to the achievement of measurable outcomes, are an innovative tool being used by state and local governments. This Resolution tasks the Office of Management and Budget, Department of Finance, and the Office of the Controller General with evaluating the potential for the State to enter into a Pay for Success contract with a report due to the members of the General Assembly by December 31, 2017.

This resolution commends the Police Unity Tour and its participants for honoring law enforcement officers who have died in the line of duty.

This Concurrent Resolution recognizes June 2017 as LGBTQ Pride Month in the State of Delaware.