Daily Report for 5/19/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HA 2 to HB 332PWBGrayThis amendment removes the retroactive and credit provisions of the bill and adds an effective date of June 1, 2023 to allow the Department of Labor time to change its programming. 
HA 1 to HB 299StrickenCookeThis amendment exempts from the definition of “retail store”, transactions for the rental of consumer goods, services, or accommodations for which posting collateral or security is typically required. This amendment also exempts transactions at any sporting or entertainment event, including music festivals. This Amendment also provides an exception to the prohibition against requiring consumer paying with cash to use automated machines that convert cash into prepaid cards. That exception is for food stores and retail establishments that provide a device on premises that converts cash into a prepaid card so long as the device meets certain requirements. This amendment also removes the provision creating a private right of action since the Division of Consumer Protection is authorized to interpret, implement and enforce the chapter. Finally, this amendment removes the provision prohibiting retail stores from having fewer checkout locations for consumers paying with cash than for consumers using non-cash methods. 
HA 1 to HB 140PWBBaumbachThis Amendment does all of the following: 1. Removes the provision providing that the failure of a physician or APRN to inform an individual with a terminal illness information that medication to end their life in a humane and dignified manner is available is considered a failure to obtain informed consent for subsequent medical treatment. 2. Corrects typographical errors. 3. Clarifies the requirements for properly disposing of unused medications. 4. Allows the Department of State to also promulgate regulations or develop forms and protocols necessary under Chapter 25B of Title 16. 5. Allows a physician or APRN to refuse to prescribe medication under this chapter. 6. Delays the implementation of this Act until final regulations required under § 2511B of Title 16 have been promulgated or July 1, 2023, whichever occurs earlier. 
SA 1 to SS 1 for SB 9DefeatedEnnisThis Amendment changes the name of Subchapter VI of Chapter 70 of Title 25 from "Rent Increase Justification" to "Compromise Rent Increases Non-Justification". 
HA 1 to HB 317PWBGriffithThis amendment provides that the medical coverage for children who would be eligible under this section will be provided only within the limit of the appropriation made for the program in the annual appropriations act, or any supplement thereto. Should the number of applicants exceed the appropriation, the Department is authorized to maintain a waiting list. This amendment also adds a section that limits the expenditure for this program to $1.5 million in FY2023, $2.5 million in FY2024, and $3.275 million in FY2025 and authorizes the Department to develop rules and regulations necessary to stay within the cap. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 264 w/ SA 1CommitteeSokolaThis Act requires the Delaware Department of Agriculture to promulgate rules and regulations, that will not become effective until July 1, 2024, classifying neonicotinoid pesticides designed or intended for use in outdoor applications as state restricted use pesticides, creating a list of chemicals that belong to the neonicotinoid class of chemicals, and banning the retail sale of neonicotinoid pesticides to the public for outdoor applications. This Act also requires the Department to develop and publish best practices for minimizing the airborne liberation of neonicotinoid pesticides and related dust by October 1, 2022. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PESTICIDES.
SB 267 w/ HA 1PassedMantzavinosThe bill requires that third-party cost-sharing assistance utilized by patients is applied toward the enrollee's health insurance deductibles and any out-of-pocket limits. Additionally, the bill defines what constitutes a “cost-sharing requirement” as well as how to calculate the assistance when applying to patient’s deductibles and out-of-pocket limits. This bill applies to both carriers and pharmacy benefits managers with an effective date of January 1, 2024.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE TO ENSURE FAIRNESS IN COST-SHARING FOR PRESCRIPTION DRUGS.
SB 280PassedS. McBrideThis Act requires medical marijuana compassion centers and safety compliance facilities that have 20 or more employees to have a labor peace agreement with 1 more bona fide labor organizations. This Act defines "labor peace agreement" as an agreement between an employer and a labor organization that, at a minimum, includes all of the following: 1. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer. 2. Prohibits the employer from disrupting efforts by the bona fide labor organization to communicate with and attempt to organize and represent employees. 3. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LABOR PEACE AGREEMENTS AND MEDICAL MARIJUANA.
SB 282PassedGayThis bill facilitates the expansion of the private flood insurance market through the adoption of the National Council of Insurance Legislators’ Model Private Primary Residential Flood Insurance Model. This Model has been used to facilitate increased consumer choice and access to flood insurance. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PRIVATE FLOOD INSURANCE.
SA 1 to SB 264PassedSokolaThis amendment adds structural insulation products to the list of products exempt from the Department of Agriculture regulations that are to be promulgated under Senate Bill No. 264.  
SS 1 for SB 258 w/ HA 1PassedLopezThis Act abrogates current Delaware law as it presently stands regarding available recovery for damages related to injured or deceased pets that are tortiously injured by a third party or a third party’s animal. Under current Delaware law, including cases such as Naples v. Miller, 2009 WL 1163504, (Del. Super. Ct. Apr. 30, 2009), there are substantial limitations on a pet owner’s ability to recover amounts related to the cost of veterinary bills because animals that are pets in Delaware are treated as property. This Act does not change the status of pets as property but does provide new causes of action to address tortious injury to a pet. Under current law, an owner would only be permitted to recover the fair market value of a pet, regardless of the amount of veterinary bills or expenses related to care stemming from a tortious injury that is inflicted. This Act provides that limitations on such actions apply as they would otherwise apply to actions under Delaware’s common law as it relates to negligence, gross negligence, recklessness, wanton behavior, or intentionally tortious behavior where punitive damages could presently be awarded. This Act would permit an action to be brought by a legal entity that owns an animal that suffers tortious injury, although any limitations presently existing that would apply to a legal entity bringing such a claim would apply. Finally, this Act limits the ability to bring a cause of action under this Act to persons who are lawfully in possession of their pet, pursuant to relevant state, county, or municipal limitations, thus barring actions involving unlawfully possessed animals. This substitute act differs from the original through removal of the cap on recoverable veterinary bills incurred due to a tortious injury inflicted upon a pet. This act also differs from the original through removal of the ability to recover damages related to emotional trauma suffered by a pet owner in the face of negligent, reckless, wanton, or intentional tortious injury. The other sources of relief outlined in the original act remain unaltered. This Act shall be referred to as the Izzy the Cat Act, in honor of a cat that was severely injured due to the tortious acts of a third party. Izzy’s injuries were found to be compensable during an insurance arbitration, but were limited to the “fair market value” of Izzy, which does not capture either the expense of caring for significant injuries to a pet or the emotional impact to the pet’s owner. Izzy’s story is like so many other pets who suffer tortious injury with little recourse for the humans that care for them to be truly made whole. This Act will correct these imbalances in Delaware’s laws, and serve as a deterrent to the sort of behavior that leads to the injury or death of the pets of Delaware’s residents and visitorsAN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CIVIL ACTIONS FOR TORTIOUS INJURIES, INCLUDING DEATH, TO LAWFULLY OWNED PETS.
SB 289PassedPooreThis Act expands the scope of the sexual extortion law to include: a) compelling or inducing another person to produce a visual depiction of the person or another who is nude or who is engaging in sexual conduct, and b) threatening to reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of a person who is nude, or who is engaging in sexual conduct. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL EXTORTION.
SB 290 w/ SA 1PassedPooreThis Act expands Erin's Law to require training and education on issues related to inappropriate relationships between adults and children, such as grooming. Erin's Law requires the Child Protection Accountability Commission and the Division of Family Services of the Department of Services for Children, Youth, and Their Families to develop and maintain a curriculum to be used by Delaware's public schools to educate public school employees about personal body safety and child sexual abuse. Erin's Law is named in honor of Erin Merryn, a victim of child sexual abuse, who is working to enact legislation on this subject throughout the country. This act expands Erin's Law in several respects. The Act expands the range of grades that Erin's Law applies to from pre-kindergarten to grade 6 to pre-kindergarten to grade 12. In addition, the Act expands Erin's Law to require training for school employees on the prevention of inappropriate sexual misconduct, the establishment of appropriate adult and student interactions, and the warning signs of suspected adult sexual misconduct, with an emphasis on sexual grooming. It also expands the information available to parents and students to include information on the warning signs of adult sexual misconduct, including the derivative grooming of parents, methods for discussing adult sexual misconduct with students, resources for reporting suspected abuse, and counseling available to students and parents. Finally, the Act requires training and education for school administrators, school nurses, and school counselors on issues relating to inappropriate sexual relationships and grooming, such as strategies for the prevention of such misconduct, skills for responding to student disclosures of such misconduct, and measures to promote school recovery after an incident of such misconduct. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ADULT SEXUAL MISCONDUCT IN SCHOOLS.
SB 291PassedPooreThis Act requires each school district and charter school to adopt a policy regarding appropriate relationships between school employees, contractors, coaches, and volunteers and students. The policy must include a provision establishing appropriate and inappropriate interactions; a prohibition against adult sexual misconduct; a prohibition against any sexual relationship between a school employee, contractor, coach, or volunteer and a student; an emphasis on the mandatory reporting obligations under § 903 of Title 16; a procedure for notifying the Department of Education and law enforcement of suspected adult sexual misconduct; guidelines for the preferred and prohibited methods of electronic communication; notice that substantiated incidents of adult sexual misconduct will be reported in future reference checks; and a provision requiring the development of hiring practices to screen for adult sexual misconduct. This Act will be implemented for the 2023-2024 school year. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO POLICY REGARDING APPROPRIATE RELATIONSHIPS WITH STUDENTS.
SB 295PassedGayThis Act clarifies that the Attorney General’s right of access under Title 29, Section 2508(b) to the books, papers, records, and other documents of the State does not apply for purposes of discovery in any civil litigation brought by or on the relation of the Attorney General, except for the Department of Justice’s own documents. This Act is intended to ensure that state agencies, departments, boards, officers, instrumentalities, and commissions will have the discovery protections afforded to non-parties in such litigation by applicable rules of civil procedure or state or federal law.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ATTORNEY GENERAL ACCESS TO STATE DOCUMENTS.
HCR 84PassedMatthewsThis Concurrent Resolution commends the 2022 Delaware Educational Support Professional of the Year, David Thomas, and all of the District/Charter Network Educational Support Professionals of the Year.COMMENDING DAVID THOMAS REPRESENTING THE LAKE FOREST SCHOOL DISTRICT FOR BEING SELECTED AS DELAWARE'S EDUCATIONAL SUPPORT PROFESSIONAL OF THE YEAR FOR 2022 AND COMMENDING EACH SCHOOL DISTRICT AND CHARTER NETWORK'S EDUCATIONAL SUPPORT PROFESSIONAL OF THE YEAR.
SB 298PassedHansenThis bill amends provisions in Title 26 of the Delaware Code, Section 1014, related to rules and regulations promulgated by the Public Service Commission, municipal electric companies, and electric cooperatives on the subject of net energy metering. The bill accomplishes the following: - Increases the cap at which electric utilities may elect not to provide net metering services from the current 5% to 8%. - Provides that net metering rules and regulations must consider the reliability, safety, and capacity of the affected electric distribution system. - Clarifies the definition of an “Excess kWh Credit." - Defines the value to be assigned to “Excess kWh Credits” and provides that the value does not include charges for “Societal benefits programs.” - Defines the term “Societal benefits program” to include the Green Energy Fund, the Low Income Fund, and other charges which benefit the public at large. - Provides that Commission-regulated electric utilities, municipal electric companies, and electric cooperatives shall not reimburse, credit, or otherwise remunerate net energy metering customers for any “Excess kWh Credits” at the end of the annualized billing period, and that “Excess kWh Credits” will revert to the electric distribution company at the end of the annualized billing period. - Provides that Section 1014(e)(1) does not apply to community-owned energy generating facilities. - Provides that, if a net metering customer abandons the property where the energy-generating equipment is located, the equipment may remain connected to the electric distribution system unless the equipment presents a risk to the safety and reliability of the system. - Includes provisions for adding new meters to maintain system safety and reliability, and caps the cost for such meters for residential customers at $200. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET-METERING.
SA 1 to SB 290PassedPooreThis Amendment makes minor changes to clarify that "adult sexual misconduct," as defined in the bill, applies to certain activity, regardless of setting, and is not limited to the school setting. In addition, the Amendment clarifies that training and education for school administrators, school nurses, and school counselors must address obligations under district and charter school policies. 
SS 1 for SB 9CommitteeWalshSenate Bill No. 9 establishes new formulas that a community owner is allowed use to increase rent in a manufactured home community. Senate Substitute No. 1 to SB 9 makes discrete changes to the provisions of SB 9, most of which clarify language or correct outdated references or technical errors. The 2 substantive changes expand eligibility for the lot rental assistance programs. The specific differences between this Act and SB 9 are noted below in the details of each Section of this Act. The requirements under this Act will be in effect for 5 years, during which time the current requirements for rent increases in manufactured home communities will be suspended. Under current law, rent increases in manufactured home communities have frequently been the subject of arbitration hearings and lengthy court cases. This Act seeks to dramatically reduce or eliminate these disputes by providing a choice of 3 methods that a community owner can use to establish the amount of a rent increase. In addition, when rent is increased based on 1 of the new calculations, this Act establishes clear standards and requirements, including requiring documentation that all of requirements have been satisfied. This Act applies to rent increases when notice is provided beginning the 1st day of the month following its enactment into law, and remains in effect until 5 years after its enactment. Under § 7052 of Title 25, rent in a manufactured home community can be increased in amount greater than the percentage increase of the Consumer Price Index for All Urban Consumers (CPI-U) for the preceding 36 months if there have not been health or safety violations that persisted for more than 15 days, the rent increase is directly related to operating, maintaining, or improving the manufactured home community, and the rent increase is justified by 1 or more of the factors listed, which include, capital improvements, changes in taxes, utility charges, insurance costs, operating and maintenance expenses, repairs, and market rent. Rent increases under § 7052 are subject to additional requirements and the dispute resolution process under § 7053 of Title 25. Under this Act, § 7052 will not apply to rent increases while the new methods for calculating rent increases are in effect. Under this Act, a community owner may increase rent based upon the increase in the CPI-U for the preceding 24 months, based on market rent, or by agreement with a homeowner for a period of more than 1 year. In addition, a community owner may increase rent based upon the increase in the cost of specific expenses. Increases based on market rent or these additional expenses are subject to the requirements and dispute resolution process under § 7053. This Act requires that in order to increase rent, there cannot have been a health or safety violation that continued for more than 15 days as calculated under § 7051A of Title 25 or if there is a health or safety violation, the community owner must provide a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase in addition to written documentation of how the violation will be corrected by a specified date. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act also creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the county median household income that applies to rent increases. Specifically, this Act does all of the following: Section 1. Moves definitions of the terms “CPI-U” and “market rent” to § 7003 of Title 25 because the terms are used in more than 1 section. This Act differs from SB 9 by updating the definition of “CPI-U” to reference the Philadelphia-Camden-Wilmington region. Section 2. Adds detailed notice requirements to § 7051 of Title 25 that require written notice of a rent increase at least 90 days, but not more than 120 days, before the first day the increased amount of rent is due and that this notice must be sent to each affected homeowner, the homeowners’ association, if 1 exists, and the Delaware Manufactured Home Relocation Authority (DEHMRA). Section 2. Revises § 7052 so that it applies to rent increases that occurred or were noticed between the date § 7052 was enacted and the effective date of this Act. It makes corresponding changes to the subsection designations and repeals the definition of “market rent” because that definition will be in § 7003. Section 4. Establishes the requirements for rent increases for the 5 years after this Act takes effect, by creating the following: • § 7051A of Title 25, which establishes the prerequisites regarding health or safety violations that must be satisfied before rent can be increased including the requirement that if a health or safety violation has continued for more than 15 days as calculated under § 7051A of Title 25, the community owner must not only document that the violation will be correct by a specific date within 1 year, but must provide DEHMRA with a surety bond or letter of credit in an amount sufficient to fund 100% of the rent increase. If the violation is not corrected by that date, the surety bond or letter of credit will be used to refund the rent increase to homeowners. This Act differs from SB 9 by clarifying that “violation” includes requirements under federal, state, or county laws and that if the community owner does not correct the specified date, the rent increase does not take effect. • Creates § 7052A of Title 25, which establishes the following 3 ways that a community owner may establish a base rent increase: 1. Based upon the increase in the CPI-U for the preceding 24 months. 2. Based on market rent 3. By agreement with a homeowner for a period of more than 1 year. This Act differs from SB 9 by clarifying that § 7052A continues to apply to rent increased under the section after the section sunsets, revises the definition of the “24-month CPI-U” to mirror the language in § 7053 of Title 25, and clarifies the language explaining the rent increase calculation if based on a 24-month CPI-U that is equal to or below 7%. • Creates § 7052B of Title 25, which establishes the requirements under which a community owner may add an additional rent increase to an increase under § 7052A. The requirements include the specific allowed expenses that can be the basis of an additional rent increase, the time periods that are used in the calculations, the calculation used to determine if an additional rent increase is permitted, and how the dollar amount of an additional rent increase is calculated. A community owner must provide documentation of the cost of each of the allowed expenses on a website and must provide paper copies for review at the management office and upon request by a homeowner. Section 5. Makes the following corresponding changes to § 7053: 1. Repeals notice provisions that will be in § 7051 and applicable to all rent increases in manufactured home communities. 2. States that this section is applicable to rent increases under §§ 7052, 7052A(d), and 7052B of Title 25. 3. Revises subsection (j) so it includes the standards under §§ 7052A(d) and 7052B, if applicable. Section 6. Makes a technical correction to § 7054 of Title 25 so that it references § 7053 of Title 25 where it provides the deadline to appeal a decision of an arbitrator. Section 7. Revises the lot rental assistance program by doing the following: • Revises § 7022 of Title 25, the current lot rental assistance program, by doing the following: 1. This Act differs from SB 9 by because it further expands eligibility by requiring residency in the home for 5 consecutive years, reduced from SB 9 which required 7 consecutive years, instead of prior to July 1, 2006. 2. Increasing eligibility to households with income that is equal to or less than 40% of the county median income, from the current 30%. This Act differs from SB 9 by because it updates which agency that determines the county median household income. 3. Repealing subsections that are being transferred to a new § 7022A of Title 25 because the provisions also apply to the new limited eligibility lot rental assistance program. 4. Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. • Creates § 7022A of Title 25, which has the requirements that apply to the lot rental assistance programs under both §§ 7022 and 7022B of Title 25. These requirements are transferred from § 7022A with only technical corrections. • Creates § 7022B of Title 25, which creates a limited eligibility lot rental assistance program for homeowners whose incomes are between 40% and 55% of the median household income that applies to rent increases. Under this program, a homeowner’s rent is calculated on a sliding scale based on the amount of the household’s income. This Act differs from SB 9 by doing all of the following: 1. Expands eligibility for the limited eligibility lot rental assistance program to lot rent increases that take effect after the effective date of this Act. 2. Revises the eligibility requirements to correct a drafting error. 3. It further expands eligibility by requiring residency in the home for 5 consecutive years, reduced from SB 9 which required 7 consecutive years. 4. Corrects which agency determines the county median household income. 5. Clarifies how rent is calculated under the limited eligibility lot rental assistance program. Sections 8 through 10 require that if any of the following find a violation of a health or safety requirement in a manufactured home community, notice must be provided to local and state elected officials, the Department of Justice, and the Authority: 1. A county government. 2. The Department of Health and Social Services, for drinking water. 3. The Department of Natural Resources and Environmental Control. In addition, Sections 8 through 10 make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including the correction of an internal reference in § 122(3)c.E. of Title 16. Section 11. Makes this Act effective on the first day of the month following its enactment into law.AN ACT TO AMEND TITLE 9, TITLE 16, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.
SS 1 for SB 222 w/ HA 2SignedTownsendThis Substitute differs from Senate Bill No. 222 as follows: (1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date. (2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year. (3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%. As a result, under § 2503(a)(12)a.1. of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RATES.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 372PassedOsienskiThis amendment substitutes language from House Amendment No. 7 to House Bill No. 305 relating to the impact of legalization and regulation on employers and employees. 
SB 100 w/ SA 1SignedTownsendThis Act establishes a Public Education Compensation Committee for the purpose of reviewing Delaware's educator compensation structure and its ability to compete with regional school districts, Delaware's private business sector, and other governmental agencies and to develop recommendations to establish a new compensation structure for educators in Delaware. The Committee will consist of 13 members, including the Secretary of the Department of Education, the Controller General, the Director of the Office of Management and Budget, the Executive Director of the Delaware State Education Association, the Executive Director of the Delaware Association of School Administrators, an educator, two school financial officers, one school superintendent, a charter school administrator, a representative of the Office of the Governor, and the Chairs of the House and Senate Education Committees. The Act requires the Committee to present its recommendations to the Governor no later than November 15, 2023, so that the recommendations may be included in the Governor's recommended budget for fiscal year 2025.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PUBLIC EDUCATION COMPENSATION COMMITTEE.
HA 1 to HB 313PassedCollinsThis amendment makes a technical clarification. 
SCR 103PassedWalshThis resolution recognizes the importance of Direct Support Professionals to our state on the occasion of the May 19th “Green Wave” advocacy day, co-sponsored by A-Team Delaware and the Ability Network of Delaware.RECOGNIZING THE HISTORIC SACRIFICES AND ONGOING CONTRIBUTIONS OF DELAWARE’S DIRECT SUPPORT PROFESSIONALS SERVING VULNERABLE ADULTS.
SCR 106PassedPettyjohnThis Concurrent Resolution designates the week of May 8, 2022 to May 14, 2022 as National Charter Schools Week and commends Delaware's charter public schools for their efforts in educating Delaware students. DESIGNATING THE WEEK OF MAY 8, 2022 TO MAY 14, 2022 AS NATIONAL CHARTER SCHOOLS WEEK.
HA 1 to HB 234PassedMinor-BrownThis Amendment revises the method by which the Department of Health and Social Services shall extend Medicaid postpartum coverage clarifying that it is extended to 12 months via the state plan amendment option created by the American Rescue Plan Act of 2021. This Amendment also strikes Section 2, which made the Act effective upon enactment with respect to continuation of comprehensive coverage for postpartum patients as determined through the Renewal of the Determination that a Public Health Emergency exists as a result of the continued consequences of the COVID-19 pandemic. 
HA 1 to HB 399PassedBennettThis amendment changes the list of conditions for which a pharmacist may order, test, screen and treat. For example, HIV has been removed from the list of conditions. This amendment also makes minor changes to the authority House Bill No. 399 provides to pharmacists to order and perform tests authorized by the FDA and CLIA-waived. 
SCR 109PassedGayThis resolution recognizes May 2022 as "Foster Care Month" in the State of Delaware.RECOGNIZING MAY 2022 AS "FOSTER CARE MONTH” IN THE STATE OF DELAWARE.
SCR 110PassedPettyjohnThis concurrent resolution recognizes the urgent nature of the formula shortage, and urges additional steps to address the infant formula shortage.PROCLAIMING THE URGE OF ADDRESSING THE INFANT FORMULA SHORTAGE IN THE STATE OF DELAWARE.
SCR 111PassedLopezThis resolution proclaims Thursday, May 19, 2022 as Global Accessibility Awareness Day in the State of Delaware. PROCLAIMING THURSDAY, MAY 19, 2022 AS GLOBAL ACCESSIBILITY AWARENESS DAY IN THE STATE OF DELAWARE.
HA 2 to HB 399PassedMinor-BrownThis amendment removes urinary tract infections from the list of health conditions that a pharmacist may order, test, screen and treat. 
HA 2 to HB 372PassedBoldenThis amendment explicitly provides authority to the City of Wilmington to promulgate rules for the location of marijuana establishments. 
HA 2 to HB 299PassedCookeThis amendment exempts from the definition of “retail store”, transactions for the rental of consumer goods, services, or accommodations for which posting collateral or security is typically required. This amendment also exempts transactions at any sporting or entertainment event, including music festivals. This Amendment also provides an exception to the prohibition against requiring consumer paying with cash to use automated machines that convert cash into prepaid cards. That exception is for food stores and retail establishments that provide a device on premises that converts cash into a prepaid card so long as the device meets certain requirements. This amendment also removes the provision creating a private right of action since the Division of Consumer Protection is authorized to interpret, implement and enforce the chapter. Finally, this amendment removes the provision prohibiting retail stores from having fewer checkout locations for consumers paying with cash than for consumers using non-cash methods. 
HA 2 to HB 334PassedBentzThis Amendment does two things. First, it adds a new paragraph new subsection (c) to Section 6003 of Title 24 to clarify that health-care providers licensed in a state other than Delaware are authorized to deliver healthcare services by telehealth and telemedicine to patients in this State subject to the provisions of this chapter if the provider has a pre-existing provider-patient relationship that has been established in accordance with the existing statutory requirements. The amendment makes clear that the intent of House Bill No. 334 is not to remove the existing flexibilities contained in Sections 6003-6005 of Title 24. Second, this Amendment adds additional clarifying language to subsection (b) to Section 6003 of Title 24 to make clear that the applicable professional licensing boards for each health-care profession authorized for telehealth practice can require out-of-state providers who are licensed in a state that has adopted the applicable interstate licensure compact for the provider’s license category to apply for and seek Delaware licensure under applicable interstate medical licensure compact. For health-care providers licensed in a state that has not adopted the applicable interstate compact for the provider’s license category, the regulations can require written notice to the applicable licensing board.  

Senate Committee Assignments

Committee
Banking, Business & Insurance
Elections & Government Affairs
Executive
Health & Social Services
Legislative Oversight & Sunset

House Committee Assignments

Committee
Appropriations
Economic Development/Banking/Insurance & Commerce
Education

Senate Committee Report

No Senate Committee Report

House Committee Report

Committee
Appropriations

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 372 w/ HA 1, HA 2DefeatedOsienskiThe Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. 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: Makes technical corrections to Chapter 47 of Title 16 and excludes industrial hemp from the definition of marijuana. 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 include enforcement of the Delaware Marijuana Control Act. Section 5: This section creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. 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 the Marijuana Control Act, 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 e-cigarettes 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 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 Delaware Marijuana Control Act Oversight Committee is created. 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. This subchapter includes a provision protecting public officers, employees, contractors or volunteers who are acting in accordance with the provisions of this Act as part of their duties and requiring the State indemnify them in any civil or criminal proceedings that may arise from carrying out duties imposed under this Act. 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 social equity and microbusiness licenses, requires the Commissioner to develop a financial assistance and technical assistance programming to aid social equity applicants. 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 the Department of Justice 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. Sections 6 and 7: Create 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 8: Allows the Division of Revenue to share records with the Marijuana Commissioner for purposes of tax compliance. Section 9: Exempts tax paid on marijuana products from the gross receipts tax. Section 10: Removes possession of marijuana from the list of activities that prohibits a person from at the same time possessing a handgun. Section 11: Requires regulations to be finalized within 12 months of the effective date of this Act. Section 12: Makes the provisions of the bill severable. AN ACT TO AMEND TITLES 4, 11, 16, AND 30 OF THE DELAWARE CODE RELATING TO CREATION OF THE DELAWARE MARIJUANA CONTROL ACT.

Nominations Enacted upon by the Senate

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