Rep. Danny Short

This bill seeks to create the Expanded Protection for Our Communities and Homes (EPOCH) Grant Program through a one-time appropriation of $20 million. The grant money would be distributed to every Delaware police agency that chooses to participate. The distribution would consist of a minimum standard allocation made to each agency and an allocation based on the number of uniformed officers authorized for each agency. EPOCH grants could be used by the recipient agencies to recruit new officers; promote or encourage careers in law enforcement; initially pay the salaries of newly hired officers; pay for overtime to facilitate additional work to address issues of local concern (including traffic enforcement); and implement programs designed to improve public safety in the area of the agency’s jurisdiction. The grant allocations would be available for the agencies to use for up to three years, after which any unused and unencumbered funding would return to the General Fund.

The Delaware Entertainment Job Act is intended to encourage jobs creation, artistic endeavors and investment in the film, television, esports and videogame industry in the State of Delaware, and the attendant benefits for the economy and job growth.  Delaware is one of the only states in the Mid-Atlantic and country without some form of tax credit at a time when production of original content for streaming and at theaters is at an all-time high. Thirty-three states have some sort of production incentive.   This legislation will provide for a thirty-percent, transferable tax credit for an investment in the state in a film, television, esports or videogame production. All qualified productions will be required to have an audit of their expenditures following the completion of production in the state before any credits will be awarded. Further, all qualified productions will be required to provide training through an internship program so that citizens may be able to gain a valuable trade. The credits will be administered by the Delaware Film, Television, and Digital Entertainment Office in cooperation with Department of Finance.

This Concurrent Resolution recognizes the young men participating in the 2022 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware.

This Resolution recognizes Thursday, June 16, 2022, as “Staff Appreciation Day” in the House of Representatives.

This Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by 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 substantially 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 applied throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 mentions of “firearm” in the Delaware Criminal Code. Today, there are 194 mentions of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of mentions of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new mentions 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).

The state’s pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant.

This Act Amends Title 10 of the Delaware Code by allowing automatic Expungement for Juveniles who choose to participate in the Juvenile Offender Civil Citation Program after one year of successful completion of the program. This Program was offered as a viable alternative for Delaware Juveniles who did not wish to have a criminal misdemeanor on their record, especially in a time when these Juveniles may be applying for higher education and employment. However, whereas certain lower-level criminal offenses offer an option for expungement, these Civil Citations do not, and can still be seen on the Juveniles’ records. This Act also obligates the Civil Citation Coordinator to notify any courts or law-enforcement agencies who possess records pertaining to the case to have the records expunged. Such courts and agencies are to provide written notice to the Coordinator to confirm the expungement was completed.

This Act does the following: (1) Changes the name of the State Human Relations Commission to the Delaware Human and Civil Rights Commission (“Commission”), as it appears in the Delaware Code. (2) Changes the name of the Division of Human Relations to the Division of Human and Civil Rights (“Division”), as it appears in the Delaware Code. This name change makes clearer the role of the Commission and Division in ensuring human rights and civil rights and helps differentiate the Commission and Division from the work of the Department of Human Resources and the City of Dover’s Human Relations Commission.

This bill increases the amount of the tax credit for active members of volunteer fire, ambulance and rescue service companies and their auxiliaries from $500 to $1,000.

This Act allows the Delaware Standardbred Breeder’s Fund Board to promulgate rules and regulations necessary or appropriate to implement or clarify the statutes related to the Standardbred Breeder’s Fund Program.