Rep. Pete Schwartzkopf

This Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.

This Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.

This resolution supports designating the month of April 2018 as “National Donate Life Month”, which recognizes those and the families of those who have donated organ, eye and tissue, as well as supports and encourages the donation of organ, eye and tissue.

Modeled after legislation passed in New Jersey on August 8, 2013, this legislation prohibits a person named on the federal terrorist watchlist from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State.

This Act raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony. This change is to deter such "straw purchases" by making jail time more likely for the offender, and consequently, to reduce the number of people who cannot legally possess firearms but obtain them in this manner.

This bill changes the age of a person to whom another person can sell, give or transfer a firearm or ammunition for a firearm from 18 to 21. However, this bill permits a person to sell, give or transfer a firearm or ammunition for a firearm to a person under 21 years of age if the person under 21 is an active member of the United States Armed Forces or a law-enforcement officer or possesses a license to carry a concealed deadly weapon. The prohibition against the sale or transfer of a firearm to a person under 21 does not apply if that person is over 18 and the firearm is a shotgun or muzzle-loading rifle or if the ammunition is for such weapons. This bill does permit the transfer of a firearm or ammunition to a person under 21 so long as such transfer is without compensation and the person transferring is the parent or guardian of the person under 21 or has the permission of the parent or guardian. This bill increases the age from 18-21 for the person who must directly supervise a child under the age of 16 who is in possession of a firearm, BB, air, or spear gun.

This Act establishes a framework for assessing needs, planning and implementing projects, and providing a funding source to enhance and accelerate Delaware’s efforts in cleaning up its contaminated water resources, ensuring that all our citizens have safe drinking water, reducing flooding, and protecting jobs in agriculture and tourism. Most of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. This Act increases the level and reliability of funding available to restore Delaware’s streams, rivers, bays, and groundwater through construction of much needed wastewater, drinking water, and drainage projects and increased use of agricultural best practices. Over the next 5 years, more than $500 million in water and wastewater system upgrades are needed statewide, including systems for underserved communities and numerous at-risk systems currently operated by homeowner’s associations in Sussex County. More than $150 million in stormwater upgrades are needed throughout the State along with more than $75 million for removing toxic pollutants from various waterways. In addition, demand for agriculture cost-share funds used to reduce pollution from nutrients far surpasses available resources. This Act creates a Clean Water Trust, supported by dedicating several existing revenue sources and a proposed new dedicated Clean Water Surcharge that will be levied on personal income tax payments and business license fees. The surcharge will be capped at $40 for individual tax filers, $80 for individuals filing a joint return, and $45 for business licenses. The Clean Water Surcharge will be used for capital projects, not to grow government; the allowance for administrative expenses is capped at 10% after the first 2 years and companion legislation creating a constitutionally protected “lock box” is being introduced to provide permanent protection against the fee being diverted for operating expenses. Total revenues from the surcharge are estimated to be approximately $20 million annually. The dedicated Clean Water Surcharge could leverage as much as $50 million in total financing annually for clean water investments and support more than 800 direct and indirect jobs per year. The Trust will be managed by a 5-member Board comprised of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of Finance, the Secretary of Agriculture, the Secretary of Health and Social Services, and an appointed member with financial expertise. The Trust is authorized to issue Clean Water Revenue Bonds for projects approved by the General Assembly and will administer the funds through the already existing Water Infrastructure Advisory Council with the goal of assisting municipal and county governments and others in implementing more affordable water quality projects through low-interest loans, grants, and public-private partnerships. The Trust and the Council are required to develop a Clean Water Plan with an annually updated 5-year Strategic Plan. The Trust is required to undergo an audit each year and to report annually to the General Assembly on its activities and its progress toward meeting the goals of the Clean Water Plan.

This Resolution recognizes March 19th as Celebrating Women in Public Office Day in Delaware.

This resolution recognizes the week of March 11-17, 2018, as “Sunshine Week” in Delaware.

This Bill is the Fiscal Year 2019 Appropriation Act.