This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies, and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol. The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals. This Act also makes technical changes to Part IV of Title 16, to more accurately reflect its current structure.
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In January of 2015, the Office of Civil Rights & Public Trust was created by the Attorney General to establish a centralized office within the Department of Justice for the investigation of matters concerning civil rights enforcement and the prosecution of matters concerning violations of the public trust. This office must remain an independent entity within the Department of Justice to avoid conflicts with other Department of Justice duties and thus effectively enforce laws protecting the public trust and civil rights. Thus, this Act creates the Division of Civil Rights and Public Trust within the Department of Justice which will be separate from the other Divisions within the Department of Justice and have a Director who reports directly to the Chief Deputy Attorney General, to avoid conflicts of interest with the work of the other Divisions. This Act also clarifies the current scope of the Department of Justice’s ability to investigate and bring civil rights actions to protect the civil rights of all Delawareans.
In 1994 the 137th General Assembly created the crime of Possession of a Firearm During the Commission of a Felony. In the intervening decades, the length of the minimum required sentence of 3 years and 5 years for defendants with 2 prior felonies has not changed. Instead, in 2019 the 150th General Assembly removed the requirement of consecutive sentences and removed the prohibition on suspending portions of the sentence and earned good time. Felony offenses committed with firearms are some of the most dangerous and violent crimes that can be committed by criminals. The trend of leniency is not commensurate with the seriousness of the offense, nor does it adequately protect victims of crime. This Act increases the minimum penalty to 5 years and to 10 years for defendants with 2 prior felonies. This Act also restores the requirements that defendants be sentenced consecutively and prohibits suspension of the sentence. This Act is intended to enhance public safety by appropriately punishing criminal use of firearms.
Transporters of mobile homes must have a hauling permit under Title 21, Chapter 45 to transport mobile homes on public roadways. This bill eliminates the need to also obtain a temporary registration to transport the mobile home.
Most commonly, persons accused of subsection (a) of this section – panhandling – are homeless. Transferring such matters to the Court of Common Pleas allows persons so accused increased access to social services not available to them at the Justice of the Peace Court.
This Act creates a $250 tax credit applicable to individual personal income taxes for certain lower income, working poor, individuals. In the case of spouses filing a joint return, the tax credit is $500. If spouses file their Delaware taxes separately, each spouse with the required income will be entitled to a $250 tax credit. Section 2 of this Act makes the change effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue's modernized Integrated Revenue Administration System, which is currently under development.
In 2009, New Hampshire was the first state to develop a statewide “Gun Shop Project,” reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project’s primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for licensed deadly weapons dealers and consumers in Delaware The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Gun Shop Project’s annual report in the Coalition’s annual report. The Division of Substance Abuse and Mental Health, which staffs the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.
This Act reconciles discrepancies between § 8705 of Title 9 of the Delaware Code and § 2903 of Title 25 of the Delaware Code, clarifying that all taxes assessed against real estate by Kent or Sussex Counties are governed by § 8705 of Title 9 and that the date on which Sussex County considers a tax delinquent is July 1. The Act also clarifies that the duration of a lien for municipal taxes for a municipalities in Kent and Sussex Counties is 10 years unless a period greater than 10 years is provided for in the municipality’s charter.
This amendment repeals Title 16 § 7204 in its entirety. This particular section prescribes a practice that is typically unused and handled through a traditional warrant process by charging a previous section of this chapter brought by a law enforcement officer. Additionally, the act of recovering a container possessed by someone other than the owner is more appropriately handled through the civil replevin process.