Rep. Claire Snyder-Hall

A victim of child sexual abuse that occurred in this State who has been barred from filing suit against the victim’s abuser by virtue of the expiration of a former civil statute of limitations are permitted to file these claims in the Superior Court of this state at any time. This is intended to apply retroactively.

This Act limits the restrictions a county may impose on the operation of marijuana establishments as follows: • Requires that a medical marijuana compassion center that was granted a conversion license for a retail marijuana store under § 1335B of Title 4 must be allowed to operate the retail marijuana store as a nonconforming use. • Prohibits the denial of a building permit to a licensee under § 1335B of Title 4 if the improvements comply with the physical requirements for property zoned for that use. The nonconforming use laws for each county, § 2610, § 4920, and § 6920 of Title 9 all prohibit structural alterations if a building is a nonconforming use but § 1335B(a)(1) requires that a conversion licensee continue to operate the location as a medical dispensing location. Thus, it is extremely likely that a compassion center with a conversion license for a retail marijuana store will need to make structural alterations to operate both as a medical dispensing location and as a retail marijuana store. • Requires that a county must allow the minimum hours of operation for a retail marijuana store to be 9 a.m. until 9 p.m. on Mondays through Saturdays and noon until 8 p.m. on Sundays. • In areas zoned for agricultural or industrial use, indoor, fully enclosed cultivation facilities may not be prohibited. • In areas zoned for commercial or industrial use, retail marijuana stores may be prohibited from operating only within a ½ mile of another retail marijuana store and within 500 feet of a place of worship, school, licensed child care, residential treatment facility, park, or library. The limits on county restrictions under this Act preempt and supersede all existing and future county ordinances or regulations regarding the operation of marijuana establishments. Section 2 makes corresponding changes to § 1351 of Title 4 so that section applies only to municipalities. This Act also makes technical changes to use consistent language in subsections (a) and (b) of § 1351 and § 1351A. Under § 1302(17) of Title 4, “‘marijuana establishment’” means all 4 types of entities licensed under Chapter 13 of Title 4.

This Act directs the Interagency Resource Management Committee to coordinate planning, program development, and funding related to child care affordability initiatives, including voluntary cost-sharing partnerships between the State, employers, community sponsors, and families. The purpose of such programs is to expand access to affordable, licensed child care and support workforce initiatives.

This Act modernizes Delaware’s emergency communications infrastructure by transitioning the State’s legacy Enhanced 911 (E911) system to a Next Generation 911 (NG911) system and updating the funding structure needed to support a statewide emergency communications network. Delaware’s current E911 system is funded through a monthly surcharge of $0.60 per telephone line, which has remained unchanged since 2001. This Act also authorizes periodic adjustments or scheduled increases in the surcharge to account for inflation, technological upgrades, and the growing operational costs associated with maintaining a modern emergency communications system. The transition to NG911 will allow Delaware’s public safety answering points (PSAPs) to support modern communications technologies, including text-to-911, multimedia communications, improved geolocation capabilities, and enhanced data sharing with first responders. These capabilities require significant upgrades to network infrastructure, cybersecurity protections, geographic information systems (GIS), and redundancy to ensure reliability during emergencies. Revenue generated by the updated surcharge structure will be deposited into the 911 System Fund and used for costs associated with planning, deploying, operating, and maintaining the statewide NG911 system. Eligible expenditures include network infrastructure, call handling equipment, software systems, cybersecurity protections, GIS data management, training of emergency communications personnel, and other costs necessary to operate a modern statewide emergency communications system. By establishing a sustainable funding mechanism and enabling the transition to NG911, this Act ensures that Delaware’s emergency communications system can meet current and future public safety needs, improve response times, and provide residents with access to modern emergency communication capabilities. Finally, this Act makes technical changes to existing statutory language to conform with the Delaware Legislative Drafting Manual.

Under current Delaware law, a minor cannot be guilty of the crime of prostitution under § 1342 of Title 11. This Act removes references to minors engaging in prostitution and being prostituted in favor of using the term "exploited" or “exploitation”, which is defined to mean acts by a minor that would constitute prostitution under § 1342(a) of Title 11 if that minor were 18 years old or older. This change is twofold. (1) It creates a separate term to refer to the exploitation of a minor since minors cannot be guilty of prostitution and prostitution is not otherwise defined outside of the offense in § 1342(a) of Title 11, which excludes minors; and (2) Recognizes a growing trend nationally and internationally to remove language that misleadingly implies that children are able to consent to, and participate in, prostitution. The Interagency Working Group on Sexual Exploitation of Children, comprised of representatives from the United Nations, INTERPOL, and organizations working to end the sexual exploitation of children, published a manual containing terminology guidelines for the protection of children from sexual exploitation and sexual abuse. While there is no single recommended term, attempts should be made to avoid stigmatizing a child and suggesting that the child had culpability in any acts undertaken. Sections 8 through 11 of this Act update internal references elsewhere in the Code to account for the addition of subsection designations in §§ 1352 and 1353. Sections 12 through 13 of this Act add the definition of “illicit massage establishment” from House Bill 409 and update it to account for the change in terminology that this Act makes. This addition of and update to the definition of “illicit massage establishment” only occurs if House Bill No. 409 is enacted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act codifies the Delaware Farm and Food Council’s Farm to Community Program as a state-led initiative called the Delaware Farm to Community Program. The Farm to Community Program launched in 2023 under the United States Department of Agriculture’s (USDA) Local Food Purchase Assistance Cooperative Agreement (LFPA). In 2 ½ growing seasons, the Farm to Community Program has effectively expanded the purchasing power of community outlets to procure local food products from local farmers and distribute the food products to individuals in need or facing food insecurity in Delaware’s urban and rural communities. Through this model, currently, 31 local farmers supply more than 100 varieties of fruits, vegetables, meats, and dairy products to 9 community outlets that serve 105 food distribution sites. The USDA canceled LFPA funding in 2025. Codifying the Farm to Community Program ensures continuity, strengthens Delaware’s food system infrastructure, increases availability of fresh and healthy seasonal foods, and increases the economic viability of local farmers, particularly small and medium-scale farmers.

This Act prohibits individual, group, state employee, and Medicaid health plans from differentiating in the reimbursement rate of a health service based on whether the service was provided by a certified registered nurse anesthetist or by a physician.

House Substitute No. 2 for House Bill No. 401 establishes "The Delaware Hemp Regulation Act" under Title 4 of the Delaware Code to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products (HDCPs) in the State. It authorizes the Office of the Marijuana Commissioner (OMC) to issue retail licenses for off-premises consumption of HDCPs. The Act implements age-verification requirements, limiting access to individuals 21 years of age or older, and mandates security and zoning standards for all licensed premises. Furthermore, it requires all HDCPs to undergo potency and contaminant testing by accredited laboratories and establishes strict labeling requirements to prevent products from appealing to children. To ensure compliance, the Act empowers the Division of Alcohol and Tobacco Enforcement (DATE) and the OMC to conduct inspections and provides for the immediate embargo or destruction of noncompliant products. This Act imposes a 6% excise tax on the retail sales of all HDCPs. The Act takes effect immediately and must be implemented within one year of enactment or upon the publication of final regulations by the OMC. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. House Substitute No. 2 for House Bill No. 401 incorporates all of the changes from House Substitute No. 1 and House Amendment No. 1 to House Substitute No. 1: (1) restricts the servings per container to 10; (2) prohibits the display of graffiti, cartoon and animal references, and bubble letters on the exterior of HDCP retailers; (3) increases the license cost to $15,000; (4) strikes language referencing local control: (5) requires out-of-state manufacturers to have a Delaware business license; (6) adds a minimum distance requirement between HDCP retail establishments; (7) adjusts the showing an HDCP must make regarding for how long and how much of their business has been in HDCP retail prior to this Act; (8) adds explicit administrative enforcement authority for DATE; (9) adds language requiring a national background check in addition to a Delaware background check; (10) adds a new section to address Division of Revenue enforcement powers and collection authority; (11) specifies that HDCPS must be tested by an accredited lab that has not been specifically disapproved by DATE; (12) raises the retail tax rate from 6 to 9%; (13) specifies that tax receipts under this Act will be held separately from other State funds; and (14) specifies that the Act will sunset on the effective date of a certain amendment to Section 297A of the Agricultural Marketing Act of 1946. House Substitute No. 2 also provides that all start-up and first year costs for the implementation of the Delaware Hemp Regulation Act will be drawn from the Marijuana Regulation Fund. Likewise, revenues collected under this Act will be deposited into the Marijuana Regulation Fund to cover the costs and expenses of Division of Revenue, Office of the Marijuana Commissioner, and the Division of Alcohol and Tobacco Enforcement related to this chapter. Under existing statutory language, revenue in the Marijuana Regulation Fund that exceeds certain operation expenses and other statutory purposes reverts to the General Fund.

This Act adds the definition of child-serving entity for the purpose of requiring a service letter verification from any child-serving entity where an employee may have worked. “Child-serving entity” is already defined in § 309 of Title 31 and includes DSCYF, residential child-care facilities, public and private schools, youth camps, summer schools, and other entities. If a previous employer fails to respond to a service letter, this Act also requires that the prospective employee report the failure to respond to the DOL.

This Act is the first leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.