Rep. Sean Matthews

Step therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication. This Act does not apply to state or federal governmental plans.

Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.

This Act is the product of the Manufactured Home Owners and Community Owner’s Act Task Force (“Task Force”), established by HR No. 24 of the 149th General Assembly. This Act makes technical and substantive revisions to the Manufactured Home Owners and Community Owners Act that were approved by all voting and nonvoting members of the Task Force. The specific changes are as follows: 1. Chapter 70 of Title 25 is reorganized so that it is easier to read and specific provisions are easier to identify. • Section 7026 is broken into separate sections in a new Subchapter V, with headings to indicate the topic of the different provisions. The reorganized subsections of § 7026 are shown with strike through where the subsection is currently located and underline in the new location, but no substantive changes are made to the subsections. 2. Technical corrections that improve consistency, clarity, and conform existing law to the standards of the Delaware Legislative Drafting Manual, including all of the following: • Oxford commas added. • “Shall not” is replaced by “must not” or “may not.” • “Pursuant to [reference to paragraph, statute, title]” replaced by “under.” • “Including, but not limited to,” is replaced with “including.” • Long paragraphs that contain lists are revised into outline form. • Semi-colons at the end of items in a list are replaced with periods. • “And/or” is replaced by “and” or “or.” • “All of the following” or “any of the following” is inserted prior to lists. • Corrects the references to the Department of Justice. • Corrects spelling errors and inconsistent hyphenation and phrasing of terms. • Moves all definitions to the definitions section. 3. Corrections that, while substantive, provide clarity and codify current practices, including all of the following: • Removes the definition of “hold over” because the term is not used in Chapter 70. • Clarifies language regarding the content of a rental agreement summary. • Clarifies language regarding lease renewals. • Clarifies language regarding holdover tenancies. • Eliminates inconsistent language about the amount of notice required before a rent increase. • Provides specific authority for Delaware Manufactured Housing Relocation Authority (“DEMHRA”) to spend funds for DEMHRA’s responsibilities under Subchapter VI. • Corrects an incorrect statement in the penalty provision of Subchapter VI because DEMHRA does not, under existing law, have the authority or responsibility to approve rent increases. 4. The following substantive changes are made: • Requires that a receipt be provided to a tenant for a cash payment of rent within 3 days of the payment and that records of cash receipts for rent be maintained for 3 years. • Revises the procedure for scheduling a meeting when a rent increase is proposed and adds requirements for the content of the notice provided to homeowners of the deadline to request arbitration. • Removes the model bylaws because they are no longer necessary. • Simplifies the amount of relocation assistance provided to home owners. • Explicitly permits relocations assistance for a home moved out of State or to land that is not in a manufactured home community. This Act takes effect 180 days from enactment.

This bill places restrictions on the placement of clothing bins. The bill requires a person who places a clothing bin on a property, or has an existing clothing bin on a property, to obtain a permit from the Department of Health and Social Services. The bill also imposes civil penalties on those that violate any provision of this Act and allows for seizure of any violator’s clothing bin at its expense, with an appeal process in the Justice of the Peace Court.

To address concerns regarding the actual and perceived fairness of lottery admissions to choice, charter, and vo-tech schools, this Act requires that a third party approved by the Department of Education and the State Board of Education conduct the lottery. The Department of Education currently has a contract with Data Service Center to perform the choice lottery for all schools and districts in Delaware. There is no cost to the districts or charters.

This Act requires that bidders for public works contracts that are above a minimum value and required to provide the prevailing wage include approved craft training programs for journeyman and apprentice levels if the contract is not for a federal highway project. This Substitute Act differs from Senate Bill No. 48 as follows: 1. Creates a definition of "craft training". 2. Eliminates requirements that conflict with the prevailing wage requirements. 3. Increases the number of total employees that require a contractor or subcontractor to provide craft training, from 6 to 10. 4. Requires the craft training requirement to be in the final contract. 5. Requires the suspension of a contractor or subcontractor who fails to comply with the craft training requirement and prohibits a contractor or subcontractor who fails to comply with the craft training requirement from bidding on a public works project for 5 years. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act authorizes the Governor, Attorney General, Secretary of the Department, or General Assembly, including a House, joint committee, committee, or member of the General Assembly, to request, and requires the Auditor of Accounts conduct or contract for, an audit of a charter school's business and financial transactions, records, and accounts in certain circumstances. In addition, this Act makes clear that the Auditor of Accounts may not charge for an audit conducted or contracted for under this Act.

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 for possession of 1 ounce or less for adults age 18 to 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 DATE’s duties and powers to the Delaware Marijuana Control Act. Section 5: This Act 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. Employers and some owners of residential housing can prohibit the use of marijuana. 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; and the number of licenses of each kind granted and the number cancelled during the year. Subchapter II creates the Marijuana Commissioner and Appeals Commission. The Commissioner has the power to conduct hearings if neighbors protest the license application of establishments that sell marijuana and subpoena power. It requires the Commissioner to 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. The application fee for licenses is up to $5000, which is the same as the application fee for facilities under the Delaware Medical Marijuana program. There is a $10,000 biennial fee for each license issued under this Act, which is lower than the fee for compassion center under the Delaware Medical Marijuana program, with the exception of cultivation licenses that are determined by square footage of the grow rates. Within 10 months of the effective date of this Act, applications will be accepted from compassion centers and safety compliance facilities registered under Chapter 49A of Title 16 to operate as retail marijuana stores, marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities. Subchapter IV creates the Marijuana Regulation Fund. This 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% that will be appropriated as determined by the General Assembly. 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 9 months after the effective date of this Act.  Section 8: This section allows for the expungement of prior marijuana related offenses as long as the individual has no convictions for violent felonies. Section 9: This section allows the Sunset Committee to review the Oversight Committee in 2024.

At this time, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based upon the risk factors that determine when screening or testing is necessary. This bill simplifies the requirements and the process for healthcare providers and eliminates confusion that may be causing the low compliance rate for screening or testing, and defines terms used in the Act. This bill mandates screening, defined as capillary blood test, at 12 and 24 months of age. The bill clarifies insurance coverage for the costs of compliance with the Act. The Division of Public Health is also directed to report on elevated blood lead levels to the General Assembly annually and to develop regulations to implement and enforce the Act within 12 months of being enacted.

This Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.