Delaware Bills

passed · Delaware · House Jun 22, 2023

HB 224: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DEFINITIONS FOR THE DELAWARE CRIMINAL CODE.

This Act is a substitute for House Bill No. 224. Like House Bill No. 224, this Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by more closely aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3). This Act differs from House Bill No. 224 in that it makes additional changes to the definition of “firearm” to further align it with the definition of “firearm” used in the federal criminal background check law, by doing the following: (1) Using “means” instead of “includes”. (2) Including that a weapon is a firearm if it may readily be converted to discharge a shot by an explosive force. (3) Adding frame or receiver of a firearm.

passed both · Delaware · Senate Jun 22, 2023

SCR 85: CELEBRATING THE 75TH ANNIVERSARY OF CAMP BARNES.

This resolution celebrates the 75th anniversary of Camp Barnes and its dedication to the youth of the State of Delaware.

passed both · Delaware · Senate Jun 22, 2023

SCR 83: RECOGNIZING AUGUST 17, 2023, AS “NATIONAL NONPROFIT DAY” IN THE STATE OF DELAWARE.

This resolution recognizes August 17, 2023, as "National Nonprofit Day" in Delaware.

passed both · Delaware · Senate Jun 22, 2023

SCR 70: DESIGNATING JULY 26, 2023, AS “AMERICANS WITH DISABILITIES ACT DAY” IN THE STATE OF DELAWARE.

This Resolution designates July 26, 2023, as "Americans with Disabilities Act Day" in the State of Delaware.

passed · Delaware · Senate Jun 21, 2023

SB 144: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FOOD FISHING PERMIT REQUIREMENTS.

This Act removes the language "in the capacity of Master" from Chapter 9 of Title 7. This language has the effect of prohibiting highly credentialed professionals who have earned the right to captain their own ships, via appropriate United States Coast Guard training, from being provided with a food fishing permit. Removing this criterion would make the existing requirements more flexible and allow families that rely upon fishing as part of their livelihoods to proceed unimpeded by time-consuming and costly requirements.

passed · Delaware · House Jun 21, 2023

HB 89: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE AND CHAPTER 118 OF VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO PERSONAL INCOME TAXES.

Section 1 of this Act increases the standard deduction for personal income tax purposes of resident individuals and spouses of this State for tax years beginning after December 31, 2023. Section 3 of this Act increases the monetary filing thresholds resulting from the increases the standard deduction under Section 1. Sections 2 and 4 of this Act increase the refundable earned income tax credit to 7.5% of the corresponding federal earned income tax credit for tax years beginning on or after January 1, 2023, and clarify that a previously enacted refundable earned income tax credit of 4.5% of the corresponding federal earned income tax credit took effect for tax years beginning on or after January 1, 2021.