| SB 67 | Out of Committee | Pettyjohn | Tobacco traffickers move black market contraband cigarettes or other tobacco products purchased from low tax states to be sold in higher tax states, facilitated by individuals or through organized groups. The potential financial gain of tobacco smuggling is immediately apparent. Legal entities pay significant taxes on their product, including $1.01 per pack in federal excise tax; $1.60 per pack of 20 cigarettes and a 15% tax rate of the wholesale purchase price of other tobacco products in Delaware state tax; and typically $0.60 per pack to a settlement fund for health care costs incurred by the states because of tobacco use by their citizens. Manufacturers and distributors of contraband tobacco products reap substantial profits by avoiding federal and state excise taxes. Because of the tremendous profits often associated with cigarette trafficking, organized criminal groups use the proceeds to launder or conceal the proceeds of other criminal offenses.
Delaware law currently allows up to 9 packs of cigarettes to be brought into the state without requiring them to be taxed by Delaware; all cigarettes over 9 packs must be taxed. For example, when 2 full cartons, which equate 20 packs, are brought into Delaware, a tax on all 20 packs must be paid to the Division of Revenue. The current penalty for selling, acquiring, holding, owning, or possessing cigarettes is a fine of up to $1,000, imprisonment of up to 90 days in jail, or both. The existing penalty is not in proportion to the profits made through trafficking, and does not serve as a deterrent.
This Act establishes that offenses related to cigarette trafficking are class G felonies, and increases the penalties for cigarette trafficking as follows (“the updated penalties”):
(1) For the first offense, by a fine of not less than $250 per package but not more than $10,000 total,
imprisonment of up to 2 years, or both.
(2) For a subsequent offense, by a fine of not less than $350 per package but not more than $30,000 total,
imprisonment of up to 2 years, or both.
(3) Mandatory seizure of a vehicle used in the first or subsequent offenses.
This Act also increases from 10 to 20 the number of packs of cigarettes a person may possess on which the Delaware tax has not been paid or tax stamp has not been affixed.
Cigarette trafficking is addressed in both Title 11 and Title 30 of the Delaware Code. To implement the updated penalties, this Act amends the following statutes:
(1) Title 11, § 1121, by providing that violation of § 1120(a), which prohibits the sale of a tobacco product
unless it has the required tax stamp, is subject to the updated penalties. See Section 1 of this Act.
(2) Title 11, §§ 2322 and 2326, by adding § 1120(a) to the list of offenses for which a vehicle may be seized.
See Sections 2 and 3 of this Act.
(3) Title 30, § 5328, by providing that a person who possesses or transports 21 or more packs of unstamped
tobacco products in this State to delivery, sell, or dispose of tobacco products and does not have in their possession
invoices or delivery tickets and purchase orders is subject to the updated penalties. See Section 4 of this Act.
(4) Title 30, § 5341, by providing that the following offenses are subject to the updated penalties:
a. Sale or any pack of tobacco product to which the proper amount of Delaware tax stamps is not affixed.
b. A dealer’s refusal to allow the Department of Finance to examine the dealer’s books and records, stock,
premises, or equipment.
c. Making, forging, altering, or counterfeited a tax stamp to evade the tobacco product tax. See Section 5 of
this Act.
(5) Title 30, § 5342, by providing that a person who possesses 21 or more packs of unstamped tobacco
products, or a dealer who has at the dealer’s place of business any tobacco product that does not have the proper
amount stamps or a product for which the tax has not been paid within 72 hours of receiving the product is subject
to the updated penalties. See Section 6 of this Act.
(6) Title 30, § 5346(b), by providing that a person who sells, acquires, holds, owns, or possesses a cigarette
package to which a tax stamp is affixed in violation of a specified list of conditions listed in § 5346(a) is subject to
the updated penalties. See Section 7 of this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act takes effect 60 days after the date of enactment. | AN ACT TO AMEND TITLE 11 AND TITLE 30 OF THE DELAWARE CODE RELATING TO TOBACCO PRODUCTS. |
| HB 181 | Signed | M. Smith | This Act makes updates to how reports of child abuse and neglect are handled by the various members of the multidisciplinary team. The Act codifies the multidisciplinary team and case. The Act adds additional duties to the Investigation Coordinator, law enforcement, the Department of Justice and the Division of Family Services that are current best practices but not required by law. The Act reorganizes the section pertaining to the Division of Family Services to reflect current best practices. The Act allows nurse practitioners to take emergency protective custody.
This Act also makes technical corrections to conform existing law to standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RESPONSES TO CHILD ABUSE AND NEGLECT. |
| HB 182 | Signed | M. Smith | This bill clarifies that the reviews of child abuse and neglect deaths and near deaths are confidential and should not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Protection Accountability Commission are protected. Finally, the bill clarifies that any duties of the State for public disclosure in these cases under the federal Child Abuse Prevention and Treatment Act will not be fulfilled by these confidential reviews conducted by the Commission as Delaware’s Citizen Review Panel. | AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO RESPONSES TO CHILD ABUSE AND NEGLECT. |
| HB 183 | Signed | M. Smith | This Act clarifies that the reviews of child and maternal deaths are confidential and may not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Death Review Commission are protected. | AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD DEATH REVIEWS. |
| SB 101 w/ SA 2 + HA 1 | Signed | Walsh | Every year, over 100 million animals are used as subjects of scientific and medical research, as well as for educational purposes. As recently as 2015, over 19,000 cats and over 61,000 dogs were used in research. In Delaware in 2015, 82 cats and 85 dogs were used in research. While some dogs and cats are still obtained from Class B dealers, most dogs used in research today are bred either in laboratories or by private companies that sell strictly to labs. After these animals are used, they may be euthanized even though they may still be healthy and suited for adoption.
This Act requires research facilities that receive public funding to offer their cats and dogs for adoption instead of euthanizing them when they are no longer needed. Permitting private placement adoptions allows students or staff members of the institution to adopt these animals directly without waiting for a formal adoption process through the rescue organization or shelter. For dogs and cats not adopted by students or staff, this Act creates a clear path to transition cats and dogs from the laboratory or testing facility to an adoption center by requiring the research institution to enter into a contract with an animal rescue group or shelter that can offer these animals the possibility of living out the rest of their lives in a loving home. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED RESEARCH ANIMALS. |
| HS 1 for HB 80 | Signed | Paradee | This Act replaces existing Chapter 83 of the Delaware Insurance Code and sets forth the permissible uses of credit information in rating personal insurance. This Act also prohibits insurance companies from increasing rates on current customers solely for having reached the age of 75 or above or for having a change in marital status due to the death of a spouse.
This Act is substituted for House Bill No. 80 and differs from House Bill No. 80 by removing the required and optional rating-factors lists and the required offering of a good driver discount plan in lieu of provisions which more clearly define how insurance companies may use credit information and insurance scores in calculating their rates.
| AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE. |
| SB 114 w/ HA 2 | Signed | Sokola | This bill updates existing laws under Title 16 by making corrections to terms used concerning the State Spay and Neuter Program, and members assigned to the Spay and Neuter Performance Review Committee, including the addition of a representative of a non-profit animal shelter who has been established in the state. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL POPULATION CONTROL PROGRAM AND SHELTER STANDARDS. |
| SA 2 to SB 101 | Passed | Walsh | This Amendment allows research facilities the option of contracting with another organization to comply with this Act and also allows a research facilities to operate their own adoption program. | |
