| HB 63 w/ HA 1 | Committee | Wilson-Anton | Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education.
This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREWORKS. |
| HA 1 to HB 63 | Passed | Wilson-Anton | This Amendment to House Bill No. 63 changes the required advertising disclosures contained in House Bill No. 63. If an advertisement in this State depicts or advertises aerial fireworks, it must include a warning that fireworks are generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products. If an advertisement does not contain or depict aerial fireworks, it need only contain warnings that (1) fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1; (2) Delaware law limits the types of fireworks that may be used; (3) a permit may be required; and (4) potential purchasers should check their local and state laws before purchasing or using the advertised products. For billboard advertisements, a large and legible font must read “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.”
Where House Bill No. 63 changed the 30-day sales period prior to the 4 holidays during which fireworks can be used to a 15-day sales period, this Amendment leaves it as a 30-day sales period. Where House Bill No. 63 required that a person seeking to sell fireworks must apply for a permit 90 days before the sales period, this Amendment requires the application 60 days before the sales period.
This Amendment further provides for two different categories of disclosures at the time of sale. For the sale of fireworks requiring a permit or otherwise containing pyrotechnic substances above the threshold limits allowable without a permit, the disclosure to buyers must include notice that (1) the fireworks may be illegal and illegal possession or use may result in financial penalties; (2) fireworks are dangerous and improper use may result in death or serious physical injury; (3) information on the safe usage and disposal of fireworks; and (4) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day. For the sale of fireworks that individuals may use and possess without a permit, the disclosure to buyers must include (1) information on the safe usage and disposal of fireworks and (2) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day. | |
| HB 266 w/ SA 1 | Signed | Ortega | This Act allows a large municipality to permit the rental of a low-speed motorized scooter through ordinance or other regulation. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORIZED SCOOTERS. |
| HB 278 w/ HA 1, HA 2 | Committee | Spiegelman | This Act makes multiple changes to Title 7 of the Delaware Code. First it increases recreational hunting opportunities and clarifies that Sunday hunting is permitted for all game animals and game birds that the Department has established hunting seasons for, while allowing private landowners and public agencies discretion when and where Sunday hunting is permitted without being overly burdensome. This Act amends and simplifies the caliber of handgun ammunition permitted for deer hunting as well as updates the use of other hunting implements consistent with new and improved technology. This Act removes European and snowshoe hares as game animals and includes skunks and weasels as such. | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH. |
| SCR 148 | Passed | Walsh | This Senate Concurrent Resolution recognizes and honors contributions made by Irish Americans to the American Revolution. | HONORING THE CONTRIBUTIONS OF IRISH AMERICANS IN THE AMERICAN REVOLUTION. |
| HB 293 | Committee | Morrison | This Act adds any act that contains the characteristics of a hate crime to the definitions of crimes for the purposes of the Victims Compensation Assistance Program. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE VICTIMS COMPENSATION ASSISTANCE PROGRAM. |
| HA 1 to HB 278 | Passed | Spiegelman | This amendment makes a technical correction. | |
| HS 1 for HB 213 | Committee | Griffith | This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training.
This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009). | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO EVIDENCE AND WITNESSES. |
| HA 2 to HB 278 | Passed | Spiegelman | This amendment makes a technical correction. | |
