Daily Report for 3/10/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HB 332CommitteeGrayThis Act decreases the Contractor Registration Fee for contractors who do not have a state contract and have 10 or less employees from $200 per year to $100 per year.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE CONTRACTOR REGISTRATION ACT AND DECREASING THE CONTRACTOR REGISTRATION FEE FOR CERTAIN CONTRACTORS.
SCR 74PassedPooreThis Concurrent Resolution encourages Delaware sports organizations to utilize services offered by the U.S. Center for SafeSport. This Concurrent Resolution describes the authority of SafeSport and its initiatives to protect athletes in every sport.ENCOURAGING DELAWARE SPORTS ORGANIZATIONS TO UTILIZE THE CENTRALIZED DISCIPLINARY ONLINE DATABASE, TRAINING, AND ABUSE-PREVENTION RESOURCES OFFERED BY THE U.S CENTER FOR SAFESPORT.
SCR 75PassedPooreThis Senate Concurrent Resolution designates March as "Eating Disorders Awareness and Prevention Month" in Delaware and encourages the Department of Health and Social Services to research methods to raise awareness of, prevent, and treat eating disorders.DESIGNATING THE MONTH OF MARCH AS "EATING DISORDERS AWARENESS AND PREVENTION MONTH" IN DELAWARE
HA 2 to HB 305StrickenOsienskiThis amendment makes several technical corrections. In addition, it does all of the following: 1. Adds explicit language protecting and indemnifying state employees, contractors, and volunteers who will be following state law under this Act which may be in contravention of federal law. 2. For marijuana cultivation facility licenses, specifies that the fee is based on the cannabis grow area and sets forth rules for calculating that area. 3. Assigns responsibility for license refunds to the Department of Homeland Security, as is current practice for alcohol licenses. 4. Clarifies certain civil penalties. 5. Clarifies costs and expenses that will be covered out of the Marijuana Regulation Fund. 6. Creates a state tax deduction for marijuana establishment business expenses for pass-through entities comparable to the one already in the bill for corportaions. 7. Exempts marijuana taxes paid from calculations of the gross receipts tax. 8. Makes administrative corrections requested by the Department of Finance. 9. Makes a technical correction to effective date clause to eliminate potential ambiguity. 
SR 26DefeatedRichardsonThis resolution urges the President of the United States and the United States Congress to implement policies and enact legislation to ensure that the United States again becomes energy independent.PROMOTING AMERICAN ENERGY INDEPENDENCE.
SB 244CommitteeBrownUnder current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout. This Act mandates that the 2-week disqualification period does not apply if either: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual’s position. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
SB 243CommitteeBrownThis Act establishes the Baby Bond Account Fund (“Fund”) to deposit $2,000 in an account for an individual born on or after January 1, 2022, into a household with an annual household income that does not exceed 200% of the federal poverty level. The Plans Management Board, established under § 2722 of Title 29, is to then invest and otherwise administer the money in the individual accounts in the Fund. Once the individual turns 18 years old, the individual may request a distribution from the individual’s account for certain qualified expenses. The money in the individual’s account is excluded from the individual’s federal adjusted gross income for purposes of state taxation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE RELATING TO THE BABY BOND ACCOUNT FUND.
SB 245CommitteeTownsendThis Act creates additional partnership and employment opportunities, as opposed to the current framework of employment-only opportunities within the corporate employment setting, and gives the same parity to Delaware physical therapists, physicians, and podiatrists as exists in all other 49 states who already permit this. This Act permits physical therapists, physicians, and podiatrists to organize as a professional corporation on the basis that they are licensed professionals "legally authorized to render... qualified related professional services." Further, this Act enables professional fees to be divided with physical therapists, physicians, and podiatrists who practice within the same corporate entity. Finally, this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE PROFESSIONAL SERVICE CORPORATIONS AND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 190SignedSokolaSince the creation of the Delaware Heritage Greenway Council in 1992 which then became the Delaware Council on Greenways and Trails, creation and maintenance of greenways and trails have become an important part of the mission of the Department of Natural Resources and Environmental Control, and especially its parks system. This bill merges the work of the Council on Greenways and Trails with the Parks Advisory Council to formally join their efforts. The two councils already collaborate on the Outdoor Recreation Parks and Trails grant program. This bill expands the Parks Advisory Council and adds trails and greenways as a background sought for some parks council members, and also adds representatives from the General Assembly which the Council on Greenways and Trails has had but the Parks Advisory Council does not currently have. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PARKS AND RECREATION COUNCIL.
SB 212PassedHansenThis Act clarifies that of the 6 members of the Delaware Native Species Commission (Commission) that represent stakeholder commercial interests, such as land development, farming, and business, no more than 2 members can represent the same commercial interest. This legislation is necessary for the Commission to have the relevant expertise and perspectives for its work.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MEMBERSHIP OF THE DELAWARE NATIVE SPECIES COMMISSION.
SB 213SignedS. McBrideThis bill adds representation from the Division of Medicaid and Medical Assistance (DMMA) to the Delaware Healthy Mother and Infant Consortium and the Overdose System of Care Committee. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY.
SJR 6SignedHansenThis Senate Joint Resolution designates August 31, 2022, as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.DESIGNATING AUGUST 31, 2022, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE.
HCR 55PassedS. MooreThis Concurrent Resolution designates the week of February 21 - 25, 2022, as “PUBLIC SCHOOLS WEEK” and commends educators and staff for their efforts with the unprecedented challenges faced due to COVID-19 virus.DESIGNATING THE WEEK OF FEBRUARY 21 - 25, 2022 AS “PUBLIC SCHOOLS WEEK” AND HONORING DELAWARE’S EDUCATORS AND STAFF.
HCR 54PassedLonghurstThis Resolution recognizes the need for more behavioral health professionals in Delaware and requests the Department of Education to develop recommendations that would improve the current educational opportunities in Delaware for students interested in behavioral health careers.RECOGNIZING THE GROWING NEED FOR BEHAVIORAL HEALTH WORKERS AND REQUESTING RECOMMENDATIONS FOR GROWING OUR WORKFORCE.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 179 w/ HA 1CommitteeK. WilliamsThis Act revises Chapter 70 of Title 25, which governs manufactured homes on rented lots in manufactured home communities, by revising the eligibility criteria for the lot rental assistance program by expanding the sources of income that qualify a homeowner for the program and making a homeowner eligible after living in the community for 5 years. This Act also creates a new eligibility category for lot rental assistance after rent increases. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO LOT RENTAL ASSISTANCE IN MANUFACTURED HOME COMMUNITIES.
HA 1 to HB 179PassedK. WilliamsThis amendment removes definition for "lot rent" because "rent" is already defined in § 7003 of Title 25 and removes liquid assets as a factor in determining a homeowner's eligibility for lot rental assistance. 
HA 1 to HB 305PassedOsienskiThis amendment makes several technical corrections. In addition, it does all of the following: 1. Adds explicit language protecting and indemnifying state employees, contractors, and volunteers who will be following state law under this Act which may be in contravention of federal law. 2. Specifies that in the event there are more qualified applicants than there are available licenses for a particular type of marijuana establishment, the Commissioner should use a lottery process to award licenses. 3. For marijuana cultivation facility licenses, specifies that the fee is based on the cannabis grow area and sets forth rules for calculating that area. 4. Assigns responsibility for license refunds to the Department of Homeland Security, as is current practice for alcohol licenses. 5. Clarifies certain civil penalties. 6. Clarifies costs and expenses that will be covered out of the Marijuana Regulation Fund. 7. Creates a state tax deduction for marijuana establishment business expenses for pass-through entities comparable to the one already in the bill for corportaions. 8. Exempts marijuana taxes paid from calculations of the gross receipts tax. 9. Makes administrative corrections requested by the Department of Finance. 10. Makes a technical correction to effective date clause to eliminate potential ambiguity.  
HA 1 to HA 1 to HB 305PassedDorsey WalkerThis amendment removes language from House Amendment No. 1 that would have required the Commissioner to award licenses by lottery if there are more qualified applicants than there are licenses. 
SCR 76PassedGayThis resolution recognizes March 11, 2022 as COVID-19 Day of Remembrance in the State of Delaware.RECOGNIZING MARCH 11, 2022 AS COVID-19 DAY OF REMEMBRANCE IN THE STATE OF DELAWARE.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Elections & Government Affairs
Environment & Energy
Executive
Housing
Judiciary
Labor

House Committee Assignments

Committee
Appropriations
Health & Human Development
Labor

Senate Committee Report

Committee
Finance

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 305 w/ HA 1, HA 1 to HA 1DefeatedOsienskiThe Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Amends § 4764 of Title 16 to eliminate any penalty for possessing 1 ounce or less of marijuana for individuals over the age of 21 but maintains the existing civil penalty or civil citation for individuals under 21. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility includes not just marijuana produced for medical use but also marijuana produced under the Delaware Marijuana Control Act. Section 4: Amends Chapter 4 of Title 4 to expand the Division of Alcohol and Tobacco Enforcement’s duties and powers to the Delaware Marijuana Control Act. Section 5: This section creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. Where definitions or analogous provisions exist in the Delaware Code, the definitions are referenced and the language from existing statutes is used. This section of the Act permits individuals over age 21 to possess, use, purchase, or transport 1 ounce (28 grams) or less of marijuana, no more than 5 grams of which may be concentrated, by individuals 21 years of age or older if the individuals are in compliance with this chapter. It permits the operation of marijuana businesses if they operate under licenses granted under Chapter 49A of Title 16, but imposes the same limits on hours and holiday sales as apply to sales of alcohol. It prohibits the use of marijuana in public, by drivers or passengers in vehicles, and prohibits the smoking of marijuana anywhere that smoking tobacco or ecigarettes is not permitted. Marijuana may not be sold in an establishment licensed to sell alcohol. It delineates the rights of property owners with respect to marijuana possession and consumption. There are specific provisions imposing the same penalties as with alcohol sales, for individuals under the age of 21 using false identification to purchase marijuana, and for businesses that fail to verify the age of marijuana consumers. This Act creates the Delaware Marijuana Control Act Oversight Committee. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Oversight Committee will review the effectiveness of the Delaware Marijuana Control Act in regard to the safe operation of facilities licensed under this Act, the impact of this Act on public safety, and the impact of this Act on public health. The Commissioner must submit an annual report to the Governor and the members of the General Assembly setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State including: the number of licenses of each variety issued with the State; including the name and address of each person licensed to cultivate, manufacture, or sell marijuana or marijuana products in the State; the amount of marijuana and marijuana products sold within the State; the number of licenses of each kind granted and the number cancelled during the year, and the outcomes and effective of the issuance of social equity licenses. Subchapter II creates the position of Marijuana Commissioner and an Appeals Commission. The Commissioner has the power to establish health and safety regulations for marijuana cultivation that are consistent with applicable rules and regulations established by the Department of Natural Resources and Environmental Control and the Department of Agriculture. The Commissioner must consult with the Division of Alcohol and Tobacco Enforcement before adopting or establishing policies that concern enforcement. Finally, they must coordinate with the Division of Small Business, Development, and Tourism so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans. Subchapter III sets up the regulations and licenses under the Delaware Marijuana Control Act. The Marijuana Commissioner has the authority to adopt regulations to implement this Act and includes specific requirements that marijuana establishments must meet to obtain licenses. Regulations must require that products containing marijuana use of a symbol and a standard measurement to be used on all marijuana products so they are easily identified as containing marijuana and consumers can identify the amount of marijuana in different products; be in opaque, child-resistant packaging; and contain a warning label explaining evidence-based harms from consuming marijuana, including the impact on developing brains. The regulations must also contain security requirements, testing requirements, advertising restrictions, and require that food products comply with State food safety laws. There are separate licensing requirements for retail marijuana stores, marijuana testing facilities, marijuana cultivation facilities, and marijuana product manufacturing facilities. Licensing requirements also differ between open licenses, social equity licenses, and microbusiness licenses. There is a $10,000 biennial fee for most open licenses, with reduced licensing fees for microbusinesses and social equity licenses. Cultivation licenses are determined square footage of the grow rates. As part of the competitive scoring process the Commissioner will use to determine which applicant may obtain licenses to operate each type of marijuana establishment, applicants for open licenses will submit a business plan, an environmental and sustainability plan, as well as attestations affirming that (1) the applicant has a project labor agreement with a bona fide labor organization, and (2) the applicant has or will utilize a project labor agreement. Subchapter III establishes the criteria for a social equity applicant, requires the Commissioner to develop a financial assistance and technical assistance programming to aid social equity applicants. It also establishes the criteria for a microbusiness license. Subchapter VII provides the Commission the authority to refuse approval of changes in the ownership, officers, or directors, financial interest or lease in connection with any license. The subchapter also details the requirements when there is a change in ownership of a license or licensee, a change in officers and directors, and changes in the financial interest of a license or licensee. Subchapter VIII creates the Marijuana Regulation Fund and the Justice Reinvestment Fund. The Regulation Fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates the marijuana control enforcement tax on retail marijuana in the amount of 15%. 7% of the tax revenue collected will be allocated to the Justice Reinvestment Fund, under the management of [state agency/division] where it will be used for projects to improve quality of life for communities most impacted by the prohibition of marijuana and “war on drugs” era policies. Section 6: Creates a State tax deduction for all ordinary and necessary expenses paid or incurred by a marijuana establishment to reflect the inability of a business licensed under this Act to deduct these expenses from federal taxes and thus state taxes. This creates a more level playing field with other businesses. Section 7: Provides that the initial regulations required under this Act be adopted not later than 12 months after the effective date of this Act. Section 8: Removes possession of marijuana from the list of activities that prohibits a person from at the same time possessing a handgun. Section 9: Makes the provisions of the bill severable. Section 10: Makes the bill effective upon appropriation of funds for implementation. This bill differs from House Bill No. 150 in the following ways: Incorporates HA1 and 2 to HB150 regarding standardization of assessments and accreditation processes. Adds the requirement of a comprehensive business plan to the competitive scoring criteria for licenses. Incorporates HA4 to HB150, requiring ongoing communication between the Commissioner and the Department of Agriculture regarding marijuana and hemp cultivation, allowing for the grant of a conditional license for an applicant who is working to secure a physical location, making technical changes to the revenue administration portion of the Control Act. Incorporates HA5 to HB150 regarding rights of employers. Incorporates HA6 removing financial assistance for social equity applicants and instead authorizing the Commissioner to explore opportunities for public and private financial assistance. Incorporates HA7 regarding safety packaging requirements. Incorporates HA10, removing the requirement that an applicant submit an attestation affirming the applicant has a project labor agreement or will utilize a project labor agreement for construction of a marijuana cultivation facility. Directs 7% of the marijuana tax revenue to a Justice Reinvestment Fund to be used for programs and initiatives meant to restore and benefit communities most harmed by “war on drug” era policies. Removes expungement provisions, as they were rendered duplicative by the passage of Senate Bills 111 and 112.AN ACT TO AMEND TITLES 4, 11, 16, AND 30 OF THE DELAWARE CODE RELATING TO CREATION OF THE DELAWARE MARIJUANA CONTROL ACT.
HA 3 to HB 305DefeatedMichael SmithThis Amendment adds felony convictions for violations of the Controlled Substances Act to the list of offenses the Commissioner shall consider in reviewing the impact on qualifications, functions, or duties of the business or profession for which the application is made. 
HA 4 to HB 305DefeatedMichael SmithThis Amendment adds felony criminal convictions for violations of the Tax Code. 
HA 5 to HB 305DefeatedMichael SmithThis Amendment prohibits an applicant for a Social Equity license from having a conviction of or an adjudicated delinquency for a marijuana-related offense if the offense involved a Tier 2 (1,500 grams or more), or Tier 3 (5,000 grams or more), quantity of marijuana. 

Nominations Enacted upon by the Senate

No Records