This resolution requests that the Department of Natural Resources pause its ongoing process of promulgating California ACCII regulations. The Department is requested to determine the fiscal impacts of imposing the ACCII regulations on Delawareans. A further request is made that the Department evaluate the approach taken by Pennsylvania and Colorado, two states that, like Delaware, have chosen to follow California vehicle emissions regulations under Section 177 of the U.S. Clean Air Act. The Department is also requested to evaluate the protocol observed by 33 other states in following the EPA vehicle emission regulations. A report is requested to be provided to the General Assembly by March 15, 2024. Until the delivery of the report, it is requested no further action be taken towards promulgating the proposed ACCII regulations.
It is the policy of this State that meaningful sanctions be imposed upon those who allow dangerous conditions and defects to exist in leased premises and that an effective mechanism be established for repairing these conditions and halting their creation. This Act allows tenants to bring an action of rent escrow to pay rent into the court because of asserted defects or conditions. Alternatively, the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for summary possession or an action for nonpayment of rent. This Act requires the tenant to give proper notice and allow the landlord the opportunity to effect repairs. This Act requires the court to make appropriate findings of fact and to make any order that justice of the case may require, which may include termination of the lease and return of the leased premises to the landlord, order that the action for rent escrow be dismissed, order that the amount of rent be reduced in amount determined by the court to be fair and equitable, or order the landlord to make the repairs or correct the conditions complained of by the tenant.
In January 2021, of the 57 incorporated municipalities in this State, the following 12 municipalities had an agreement with the Department of Elections to use the State’s Voter Registration System to determine if a resident of the municipality is eligible to vote in a municipal election: Camden, Delaware City, Dover, Elsmere, Georgetown, Harrington, New Castle, Newark, Smyrna, Townsend, Wilmington, and Wyoming. Since January 2021, the General Assembly has adopted charter changes authorizing Laurel, Lewes, Milton, and Seaford to use the State’s Voter Registration System, and Milford adopted an ordinance to do so. The residents of the remaining municipalities are required to register with the municipality before voting in a municipal election. While some municipalities are exploring ending municipal voter registration requirements, and the General Assembly has authorized some to do so by changing their charter, this Act would do so for all municipalities as it relates to resident voters. A municipality would continue to be required to maintain municipal voter registration requirements for nonresident voters, as those voters would not be included in the State’s Voter Registration System. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Concurrent Resolution designates March 23, 2023 as National Atheists' Day in Delaware.
The constitutional requirement to create new legislative districts following the U.S. Census was intended to ensure equal representation at all levels of government. However, Delaware’s current process of redistricting is deeply flawed. It allows the majority party in each legislative chamber to gerrymander state legislative maps in a self-serving attempt to preserve and expand partisan political power. All other considerations have become secondary in this process. This defect is common to many states and some have tried to address the issue by creating election commissions charged with redrawing legislative lines. The challenge in such a system is ensuring that these commissions can conduct their function in a balanced, objective, and non-partisan fashion. This bill proposes a new method that avoids this significant hurdle by leveraging partisan self-interest to create a protocol that results in an equitable outcome. This fresh approach to reapportionment is described in a paper by 3 Carnegie Mellon University professors entitled: “A Partisan Districting Protocol with Provably Nonpartisan Outcomes.” It utilizes a system analogous to a proven, prudent method for instructing 2 children to fairly divide a piece of cake between themselves. The first child cuts the cake, while the second has the option of selecting which piece he or she wishes to consume. In the protocol outlined in this bill, the two competing parties are the partisan caucuses of each General Assembly chamber. The first caucus will initially draw all the legislative districts, observing established legal redistricting standards. The second caucus will have the ability to “freeze” a set number of the districts, locking their boundaries into place. They will then be able to redraw the remaining districts as they wish, delivering the new maps back to the first caucus. This group will then also engage in the freeze and redraw process, with the cycles continuing until all the districts have been defined. With both sides getting equal “bites of the apple,” each has a practical ability to affect the outcome and a reason to work together to achieve a mutually acceptable conclusion. The bill also includes safeguards to ensure public notification and participation in the process, as well as a contingency to allow the judicial branch to draw the new legislative maps should the General Assembly be unable to achieve the task. This legislation assumes calling the General Assembly into special session to approve the finalized maps, providing enough time for the process to be conducted in a deliberative manner.
This Act is a substitute for Senate Bill No. 101. Like Senate Bill No. 101, this Substitute creates a right to counsel for tenants in evictions and other landlord-tenant actions. Approximately 18,000 eviction cases are filed each year in the State of Delaware, and while 86% of landlords are represented by an attorney, agent, or business manager, only 2% of tenants have representation. The disruptive displacement that accompanies eviction proceedings create significant costs for state and local government related to shelter funding, education funding, health care provided in hospitals instead of community-based providers, transportation costs for homeless youth, and foster care. Evictions and disruptive displacement also have significant, well-documented, and long-lasting effects on the lives of individuals and families, including poorer physical and mental health, increased risk of homelessness, increased risk of employment loss, loss of personal property, damage to credit standing, and relocation into substandard housing. Further, evictions fall disproportionately on Black and Latinx families, who have also been the hardest hit by the COVID-19 crisis. Section 1 of this Act establishes a right to counsel for covered individuals with household income below 200% of the federal poverty guideline for evictions and other landlord-tenant actions. A Coordinator for the program will be appointed by the Attorney General. The Coordinator will contract with legal services providers for the provision of representation in proceedings covered by this Act. Section 1 also requires the Coordinator to work with community organizations to do outreach and education regarding the right to counsel. And, landlords must provide notice of the right to counsel at periodic designated intervals in the tenancy and in eviction proceedings. Section 2 of this Act creates a monetary floor for initiation of eviction proceedings for nonpayment of rent – no action may be filed where the amount of rent owed is 1-month’s rent or less than $500, whichever is greater. It also provides that a landlord may not initiate or continue eviction proceedings for nonpayment of rent if the tenant pays and the landlord accepts all rent due. Finally, it creates a right of redemption for a tenant who pays all back rent, costs, and fees before eviction. Section 3 of this Act authorizes the creation of a residential eviction diversion program modeled after the Residential Mortgage Foreclosure Mediation Program. Section 4 of this Act provides COVID-19-specific relief in an action where execution was stayed based on a finding that the stay was required in the interests of justice. Section 5 of this Act is a severability clause. This Substitute differs from Senate Bill No. 101 as it does all of the following: (1) Includes representation by non-attorneys in the definition of “legal representation”, if the Rules of the Supreme Court are amended to permit the representation. (2) Removes the provision for representation in proceedings related to the reduction of a housing subsidy. (3) Makes clear that legal representation is provided as it is available and that an individual does not have a cause of action if it is not available. (4) Provides examples of circumstances in which a designated organization may decline representation. (5) Provides that the Right to Counsel Coordinator (“Coordinator”), with appropriate funding from the General Assembly, shall contract with designated organizations to provide the services required under the Act. (6) Requires the Coordinator to include the Justice of the Peace Court’s experience with the Act in the Coordinator’s annual report. (7) Removes events that require a landlord to provide a tenant with a brochure about legal representation available to tenants. (8) Makes technical changes to make clear that an action for possession based on unpaid rent may not be brought if the amount of rent owed is less than 1-month’s rent or less than $500, whichever is greater. (9) Changes the time for the application of the tenant’s right of redemption to before the writ of possession is posted. (10) Changes one of the possible deadlines for implementing the residential eviction diversion program to 270 days after the effective date of the Act. (11) Provides that the Residential Eviction Diversion Program is to be established and implemented by the Justice of the Peace Court or the Court’s designee, which may be the Right to Counsel Coordinator. (12) Expands the exemption to participation in the residential eviction diversion program to include when threats of substantial or irreparable harm to the landlord’s or other tenant’s person or property and cites the appropriate provisions of the Delaware Code relating to proceedings based on irreparable harm. (13) Changes what a landlord is required to do once the Twenty-Seventh Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat expires or is not renewed. (14) Makes Sections 1, 2, 4, 5, and 8 of this Act effective 120 days after the Act’s enactment and makes the effective date of Section 3 of the Act (regarding the residential eviction diversion program) contingent on funding. (15) Requires the Coordinator to provide the General Assembly with a copy of the first annual report to determine if additional funding is needed to address the fiscal impact of the Act on the Justice of the Peace Court.
Currently, Delaware law permits the display of a flag of the United States of America on a flagpole attached to a residential structure. The law also permits display on a flagpole on the premises, but only if the flagpole was installed prior to the termination of developer control. This bill would remove that restriction, such that an individual would be permitted to display a flag of the United States of America on a flagpole even if the flagpole was installed after termination of developer control and regardless of other community association restrictions, deed restrictions, or other restrictions to the contrary.
This resolution urges the federal government to take steps to strengthen the southern border and take proactive measures to prevent drugs from entering the United States.
The 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.
This 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.
The 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.
This Senate Resolution proclaims January 22, 2022 as ‘Sanctity of Human Life Day’ in Delaware.
