AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WEARING OF HUNTER ORANGE ON PUBLIC LAND.

Currently, under § 718 of Title 7 of the Delaware Code, it is unlawful for an individual to hunt any wildlife, except migratory game birds, during deer season without displaying at least 400 square inches of hunter orange material. This Act requires the wearing of hunter orange by all individuals who are on public land designated for deer hunting during deer season by the Department of Natural Resources and Environmental Control or the Department of Agriculture. Failure to wear hunter orange as required by this Act is a class D environmental violation, which is subject to a $50 to $100 fine for a first offense under § 1304(g) of Title 7 of the Delaware Code. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Justice of the Peace Court.