The Act amends Section 916 of Title 11 of the Code so that the statutory penalties for the crime of home improvement fraud increase as the amount of the loss to the victim increases, using the same scale applicable to Theft under Section 841 of Title 11 and New Home Construction Fraud under Section 917 of Title 11. Like Theft under Section 841 of Title 11, the amendment also provides for an increase in the level of the offense for amounts under $50,000 where the victim is 62 years of age or older or an "adult who is impaired" or a "person with a disability" as defined in the Code. The Act also amends the definition of "home improvement contract" to provide that a victim's payment can be in any form, not just money, and to clarify that a "home improvement contract" includes all agreements for labor, services and materials to be furnished and performed under the home improvement contract.
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This Act codifies the practice of the Joint Legislative Oversight and Sunset Committee to recommend the continuation of an agency unless or until certain conditions are met or modifications are made.
This Act is designed to centralize and modernize Delaware’s system for licensing its citizens to carry concealed deadly weapons. The current statutory scheme dates as far back as the Code Revision of 1974 and was not designed to handle the volume of applicants and licensees that are being experienced today, a volume that has at times unfairly overwhelmed both the Courts and the Office of the Attorney General. In 2016, alone, the Attorney General was required to conduct 8,522 background investigations, a volume level never envisioned by the General Assembly in 1974, and a volume which, over the years has placed increasingly unsustainable demands upon both the Superior Court and the Attorney General. As importantly, this ever-increasing volume of applicants and license renewals and the system’s inability to respond in a timely manner has led to a volume of complaints from those who have been forced to wait up to eight months for their applications to be fully processed in the current system. This Act is designed to relieve the current pressures on the Superior Court and the Office of the Attorney General by creating a small, centralized, and financially self-sustaining organization within state government designed specifically to administer the licensing of individuals to lawfully carry concealed deadly weapons; and, for the first time, to effectually license and regulate the instructors who provide the statutorily required training for such individuals. Section 1 of the Act creates the Delaware Commission on Concealed Carry Licensing and provides for the professional staff and procedural mechanisms for licensing persons to carry concealed deadly weapons. The Commission is also charged with licensing and regulating the Personal Protection Firearms Instructors who provide the statutorily mandated training for concealed carry licensees. By creating an organization dedicated solely to these tasks, the Act is also (1) able to eliminate the current single date expiration system which is responsible for at least some of the current backlog, and allows for licenses to expire and renewals to be processed on a year-round basis; and (2) ensure that the required training is delivered according to statutory standards by instructors who have qualified to deliver that training. Section 2 of the Act amends the concealed carry statute to transfer responsibility for concealed carry licensing from the Superior Court and the Attorney General to the Commission on Concealed Carry Licensing created in Section 1 of the Act. This section also attempts to enhance language in the existing statute. This section also increases the application fees for concealed carry applicants from $65 to $95 for initial applications and $75 for renewals. The section also establishes a fee of $100 for each issuance of a temporary license. It also allows for the licensing of those residents of contiguous states who regularly work in Delaware and who are already licensed by their home state to be separately licensed in Delaware under the same strict criteria required of Delaware residents, establishing an initial application fee for such individuals of $150 and a renewal fee of $100. Section 2 also addresses the issue of concealed carry reciprocity; clarifying the recognition process and ensuring Delaware residents may not circumvent Delaware’s licensing process by utilizing non-resident licenses from other states with which Delaware has reciprocity. Finally, Section 2 makes a clear statement that currently employed law enforcement officers are exempt from the licensing requirements that pertain to other citizens. Section 2 also extends the period of time retiring law enforcement officers have to avail themselves of the existing streamlined licensing regime available to such officers from 90 days to 180 days. Section 3 of the Act allows for the establishment of the Commission and a period of time for the Commission to be fully staffed and operational before transferring authority and responsibilities from the Courts and the Attorney General to the Commission.
This Act replaces House Bill No. 285 and, in so doing, removes provisions of House Bill No. 285 related to creating an order of relinquishment process for removing firearms or ammunition from an individual subject to a report from a mental health provider under § 5402 of Title 16 as these provisions are now exclusively contained in House Substitute No. 1 for House Bill No. 302. This Act retains provisions of House Bill No. 285 that do the following: (1) Improve the structure and process related to the Relief from Disabilities Board. (2) Require that information regarding individuals who are declared guilty but mentally ill is reported to the Federal Bureau of Investigation’s National Instant Criminal Background Checks System (NICS). (3) Require that an individual who is voluntarily admitted for inpatient treatment at a psychiatric treatment facility be informed of the individual’s rights and options as a voluntary patient. (4) Clarify that an individual who is emergently detained must be treated the same as an individual who is subject to a provisional admission and may not be considered involuntarily committed for any legal purpose. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill establishes a 20 year retirement for correction officers and specified peace officers within the State Employees’ Pension plan. The bill amends the multiplier prospectively for the calculation of pension benefits for correction officers and specified peace officers. For service prior to January 1, 2018 the multipliers of either 1.85%, 2.0% or 2.45% would continue to be in effect and then for years of service after January 1, 2018 a uniform multiplier of 2.5% for the first 20 years, plus 3.5% for years beyond 20 years. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%.
This bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.
This bill creates a special license plate for members of the Dover Air Force Base Chiefs Group.
This Concurrent Resolution observes April 2018 as the 2018 Month of the Military Child and April 17, 2018 as the official Day of Recognition of the Military Child in the State of Delaware.
This Concurrent Resolution recognizes April 10, 2018, as "Equal Pay Day".
This House Concurrent Resolution designates March 27, 2018 "Girl Scout Day" in the State of Delaware.