Bill Text: DE SB70 | 2021-2022 | 151st General Assembly | Draft
Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To Wearing Of Hunter Orange On Public Land.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-02-26 - Introduced and Assigned to Environment & Energy Committee in Senate [SB70 Detail]
Download: Delaware-2021-SB70-Draft.html
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SPONSOR: |
Sen. Lawson & Rep. Gray |
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Sens. Hocker, Wilson; Rep. Yearick |
DELAWARE STATE SENATE
151st GENERAL ASSEMBLY
SENATE BILL NO. 70
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WEARING OF HUNTER ORANGE ON PUBLIC LAND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Subchapter I, Chapter 7, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 718A. Required wearing of hunter orange on public land during deer season; penalty.
(a) As used in this section:
(1) “Deer season” means a time when it is lawful to take deer with a firearm.
(2) “Department” means the Department of Natural Resources and Environmental Control or the Department of Agriculture.
(3) “Hunter orange” means a daylight fluorescent orange color with a dominant wavelength between 595 and 605 nanometers, and excitation purity of not less than 85% and an illuminous factor of not less than 40%.
(4) “Public land” means a state park, state forest, or other land administered by the Department.
(b) It is unlawful for an individual to be in an area of public land that is designated by the Department for deer hunting during deer season without displaying at least 400 square inches of hunter orange material on the individual’s head, chest, and back .
(c) A violation of subsection (b) of this section is a class D environmental violation.
(d) The Justice of the Peace Court has jurisdiction over a violation of subsection (b) of this section.
(e) The Department shall post or otherwise provide notice that an area of public land is designated for deer hunting during deer season and that an individual is required to display hunter orange material under subsection (b) of this section.
(f) It is an affirmative defense to an alleged violation of subsection (b) of this section that the Department did not provide the notice required under subsection (e) of this section. If a court determines the affirmative defense is valid, the court shall dismiss the complaint.
SYNOPSIS
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.
Author: Senator Lawson
