CHAPTER 275

FORMERLY

SENATE BILL NO. 90

AS AMENDED BY

HOUSE AMENDMENT NO. 2

AND

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE PENALTIES FOR VIOLATING CHAPTER 60.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 6013(a) of Title 7 of the Delaware Code by deleting the sentence at the end of the paragraph that reads as follows: ‘The Superior Court shall have jurisdiction of offenses under this subsection.’

Section 2. Amend § 6013(b)(2) of Title 7 of the Delaware Code by deleting the last sentence at the end of that subsection paragraph that reads as follows: ‘Each day of violation shall constitute a separate offense.’

Section 3. Amend § 6013(e)(2) of Title 7 of the Delaware Code by deleting the word ‘to’ after the word ‘or’ at the end of said Subsection.

Section 4. Amend § 6013(g) of Title 7 of the Delaware Code by deleting after the word ‘section’ the phrase ‘and concurrent jurisdiction over prosecutions brought pursuant to subsection (h) of this Section’ and adding a new sentence to the end of the subsection to read as follows: ‘Prosecutions pursuant to subsection (h) of this section may be brought in the jurisdiction of the Courts of the Justices of the Peace.’

Section 5. Amend § 6013(h) of Title 7 of the Delaware Code by deleting the said subsection and substituting in lieu thereof the following:

(h) Whoever violates this Chapter, or any rule or regulation promulgated there under, or any rule or regulation in effect as of July 26, 1974, or any permit condition, or any order of the Secretary, shall:

(1) For the first conviction, be fined not less than $50 nor more than $500 for each day of violation; and

(2) For a subsequent conviction for the same offense within a ten (10) year period, be fined not less than $500 nor more than $1,500 for each day of violation.

Section 6. § 6013 of Title 7 of the Delaware Code as amended shall apply to all such offenses committed, or alleged to have been committed, on or after the date of the enactment of these amendments. The provisions of § 6013 of Title 7 of the Delaware Code as it was in effect prior to the date of the enactment of this Bill shall govern all offenses committed, or alleged to have been committed, before the date of the enactment of this Bill. Offenses which were committed, or which were alleged to have been committed, during a course of conduct covering a time period both before and after the date of the enactment of this Bill shall be governed by § 6013 as they were in effect on the date prior to the enactment of this Bill.

Section 7. This Act is effective upon its enactment into law.

Approved June 7, 2006