This Concurrent Resolution does all of the following: (1) Expresses the General Assembly’s opposition to the Federal Communications Commission’s repeal of net neutrality rules (“the repeal”). (2) Urges the United States Congress to either review the repeal as permitted under the Congressional Review Act, within 60 days of receipt of the Federal Communications Commission’s order as required by the Act, or enact legislation reinstating and requiring the preservation of net neutrality. (3) Requests that the Secretary of the Senate to send copies of this Resolution to the Speaker of the U.S. House of Representatives, U.S. House of Representatives Minority Leader, U.S. Senate Majority Leader, U.S. Senate Minority Leader, and the Members of Delaware's Congressional Delegation.
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This Act clarifies that the representative appointed by the Secretary of the Department of Health and Social Services to the Human Trafficking Interagency Coordinating Council shall serve as the Council’s temporary chair for the purposes of organizing the initial meeting of the members. A permanent Chair and Vice Chair are to be elected at the first organizational meeting and shall be elected annually thereafter from among the members of the Council.
This bill creates a new vehicle license plate promoting and supporting Keep Delaware Beautiful. This new non-profit organization, affiliated with Keep America Beautiful, has a mission of undertaking initiatives that will beautify Delaware and reduce litter.
This Resolution designates March 2, 2018 as "Red Shirt Friday, American Legion Auxiliary Salute to our Military" in the state of Delaware.
Providing sufficient surplus state revenue exists, this House Concurrent Resolution requests the Joint Finance Committee to restore to the FY 2019 Grants-in-Aid Bill funding that was removed from the appropriation at the start of the current fiscal year.
This resolution proclaims January 21 through 27, 2018 as National School Choice Week.
This Act decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017.
This Act restores the Delaware Prescription Drug Payment Assistance Program which was eliminated in the Fiscal Year 2018 Annual Appropriations Act.
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 Act replaces the prevailing wage survey method of setting the prevailing wage with a method based on payroll information currently being provided to the Department of Labor. Also, this Act removes the prevailing wage lock-in authorized by House Substitute No. 1 for House Bill No. 145 (148th General Assembly). This Act also removes the Prevailing Wage Advisory Committee (“Committee”) from the Delaware Code. The Committee was established to advise the General Assembly how the prevailing wage survey may be improved or if the survey should be eliminated. The Committee reported in January 2016 that “the best option is to continue the survey for 2016 and report back to the legislature in the future.” Because this Act replaces the prevailing wage survey, the Committee is no longer needed. Finally, this Act takes effect on January 1, 2019.