This Resolution recognizes April, 2017 as Child Abuse Prevention Month in Delaware.
This act creates a special license plate for veterans of Operation Desert Storm.
This Joint Resolution opposes the cost allocation of the Artificial Island Transmission Project as unfair and unduly burdensome to the ratepayers of Delaware and urges PJM to join with Delaware in contesting the cost allocation in the proceedings pending before FERC.
Although minors are prohibited from purchasing tobacco, it is not technically wrong for a minor to possess or consume tobacco. This bill will make the possession, use, or consumption of tobacco by a minor subject to penalties relating to education and community service.
This Concurrent Resolution provides for a Joint Session of the Senate and the House of Representatives to be convened for the purpose of hearing an address by the Honorable John C. Carney, Jr., Governor of the State of Delaware.
This resolution recognizes the week of March 23 through April 3 of 2017 as Homelessness Awareness Week in Delaware.
This Act is a companion to Senate Bill No. 34. Senate Bill No. 34, in pertinent part, eliminates several aggravating factors under Delaware's controlled substances laws. This Act retains and codifies one of those aggravating factors, § 4751A(1)e.2. of Title 16, as a separate crime.
This Act addresses issues identified following the enactment of the Ned Carpenter Act, 78 Del. Laws, ch. 13, in 2011. Specifically, Sections 1 through 14 of this Act do the following: (1) Simplify Delaware’s controlled substance laws by reducing the number of weight Tiers that are used to categorize the severity of controlled substance offenses. (2) Eliminate aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining enhanced sentencing for those who violate Delaware’s controlled substance laws within a protected school zone. (3) Provide enhanced minimum mandatory sentences for those who repeatedly commit the highest level drug dealing offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. A companion Act, Senate Bill No. 33, codifies one of the aggravating factors eliminated by this Act, § 4751A(1)e.2. of Title 16, as a separate crime.
Subchapter III, Chapter 68, Title 7 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.
This Act continues the reforms enacted over the past 4 years by restructuring Chapter 11 of Title 12, and adopting in substance many provisions from the 2016 Revised Uniform Unclaimed Property Act promulgated by the Uniform Law Commission. In addition, this Act adopts certain recommendations from the Delaware Unclaimed Property Task Force formed under Senate Concurrent Resolution No. 59 of the 147th General Assembly, and makes significant changes to the State’s unclaimed property law to bring greater predictability, efficiency, and fairness to the State's unclaimed property reporting process and compliance initiatives. More specifically, these changes include reducing the look-back period of all voluntary disclosure agreements and audits to 10 report years, and creating a 10 year statute of limitations for the State to seek payment of unclaimed property due to the State. In addition, this legislation aligns the State’s record retention requirement for companies with the statute of limitations and look back period, which brings State law into conformity with a majority of other states. This Act also offers any company currently under audit prior to July 22, 2015, the opportunity to convert their audit into a voluntary disclosure agreement by entering into the Secretary of State Voluntary Disclosure Agreement program. All companies who received a notice of examination and are currently under audit as of the effective date of this Act will have the opportunity to engage in an expedited audit review process. Finally, this Act mandates that interest be assessed on any late-filed unclaimed property, as a means to incentivize voluntary compliance.
