This Concurrent Resolution recognizes the month of October 2022 as Breast Cancer Awareness Month.
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 will be effective for documents recorded after July 1, 2022.
This concurrent resolution recognizes June 21, 2022 as "Dr. Rebecca Lee Crumpler Day" in Delaware.
The Department of Agriculture recently responded to an outbreak of highly pathogenic avian influenza impacting Delaware poultry farms in coordination with agencies and officials from Delaware, Maryland, and USDA APHIS, as well as individual farmers and independent contractors. In connection with that response, the Department received or drafted certain information regarding persons, animals, land, and emergency response plans that should be confidential. This Act will help to protect the safety and security of individuals, agricultural operations, and animals and avoid any vulnerabilities that disclosure poses on the control and eradication of disease among animal species. This Act also revises Title 29 to identify information regarding the control of disease as defined in § 106 of Title 3 as not being a public record under the Freedom of Information Act.
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 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).
This Act intends to ensure that political subdivisions of this State follow the state and federal laws governing immigration.
This Act creates a $280 tax credit for resident individuals with $35,000 or less of taxable income in 2022. The purpose of this Act is to encourage persons to join the labor force and to treat employed, lower income individuals similarly to how House Bill 285 exempted unemployment benefits from being taxed.
This Act requires an individual who kills a child’s parent while driving under the influence to pay restitution to the child for the reasonable and necessary support of the child. This Act is to be known and may be cited as “Bentley’s Law”, in honor of Bentley Williams, the son of Cordell Williams and Lacey Newton, who were killed by an individual driving under the influence in Missouri in April 2021.
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.
