Rep. Ed Osienski

This Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act makes several updates to the Boiler Safety Program. The Boiler Safety Program can issue certificates of compliance and the Secretary can grant variances. A 6th member is added to the Boiler Safety Council from associated labor unions. It adds an enforcement section for violators who fail to comply with Program requirements. This Act also makes technical corrections to conform with current drafting standards. Finally, the Act allows DNREC to establish fees for the Program that reasonably reflect the cost of the Program and defray its expenses. It therefore requires a 3/5 vote.

Maddy summaryThis bill updates Delaware's rules for inspecting long-term care facilities, requiring the Department of Health and Social Services to examine each facility at least once every 15 months. To maintain a statewide average inspection frequency of every 12 months, the department can charge extra fees to cover the costs of additional inspections needed when violations are found. Inspectors have the authority to enter facilities without prior notice, interview residents and staff, review records, and verify that previous issues have been fixed. The law also prohibits former employees or relatives of facility staff from participating in inspections of their former or current workplaces to ensure impartiality.

The United States Space Force was established on December 20, 2019 as part of the National Defense Authorization Act. The Space Force became the 6th branch of the United States Armed Forces. This Act inserts the Space Force in those sections of the Delaware Code where the other 5 branches of the armed forces are specifically enumerated This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This House Substitute bill eliminates any reference to § 4137 in Title 11 since it will remain as a separate section in the Delaware Code. This House Substitute requires all public schools to offer only students who qualify for a reduced-price meal, under the federal School Breakfast Program and National School Lunch Program, a free breakfast and lunch every school day. This House Substitute also eliminates a requirement that all schools and local education agencies, who qualify, must participate in the federal Community Eligibility Provision, under 42 U.S.C. §1759a (a)(1)(F) since there is no such federal mandate. This Act also removes the requirement that a parent or guardian for each student complete a household income form since that requirement is already set forth in this title. This Substitute bill also removes the delayed effective date. This Act will take effect beginning the school year following its enactment.

This Act moves the Office of Medical Marijuana, which is currently under the Department of Health and Social Services to the Office of the Marijuana Commissioner within the Department of Safety and Homeland Security. Under this Act, the Marijuana Commissioner, rather than DHSS, will be responsible for administering the Delaware Medical Marijuana Act, which includes the following tasks: (1) Registration and certification of safety compliance facilities and compassion centers; (2) Issuance of registry identification cards; (3) Registration of qualifying patients and designated caregivers; and (4) Updating rules and regulations under the Delaware Medical Marijuana Act.

This Act creates a temporary conversion license for existing medical marijuana compassion centers to operate for recreational marijuana purposes, and sets forth requirements to obtain a conversion license and to operate under such a license. This Act also specifies that conversion licenses may not be issued after November 1, 2024 and expire after 48 months, at which time the license may be renewed as an open license.

This Act creates a background special license plate for the United Way of Delaware Pride Council. A background special license plate supports a cause and is available for purchase by the public at large, including members of the organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.

This Act makes technical changes and updates to the Delaware workplace safety program. Under current law, qualifying employers who pay $3,161 or more in annual workers' compensation premiums may be eligible for lower insurance premiums under the workplace safety program. The Act changes that criteria to employers who currently qualify for the uniform experience rating plan as approved by the Insurance Commissioner or who otherwise qualify for the program pursuant to parameters set by the Insurance Commissioner by regulation. In addition, the Act provides that in determining safety credits for a qualified employer that was not experience-rated in the policy period expiring immediately prior to application of the safety credit, the formula for calculating safety credits will incorporate amounts determined by the Insurance Commissioner by regulation.

This Act makes several technical and logistical corrections to the Delaware Marijuana Control Act. Section 1 of this Act authorizes the Division of Alcohol and Tobacco Enforcement to conduct administrative inspections of premises licensed under Title 4 for the purpose of ensuring compliance with the provisions of Title 4, the rules and regulations of the Alcohol Beverage Control Commissioner, or the rules and regulations of the Marijuana Commissioner. Section 2 of this Act creates definitions for the terms “conditional license” and “flowering plants.” Section 3 of this Act changes the permissible hours of operation of a marijuana facility from 9 a.m. through 1 a.m. to 9 a.m. through 10 p.m. on Mondays through Saturdays. Section 4 of this Act gives enforcement powers to the Division of Alcohol and Tobacco Enforcement and permits administrative inspections of premises licensed under Chapter 13 of Title 4. Section 5 of this Act removes the power of the Commissioner to create rules and regulations to gather consumer data to track compliance with possession limits. Section 6 of this Act makes the following changes to the application selection process: (1) it removes the requirement that the process be varied to account for geographic distribution or population density; (2) it removes a requirement for an applicant to provide information as to the suitability of the proposed location for the facilities; (3) it removes the requirement for an attestation signed by a bona fide labor organization that the applicant has entered a labor peace agreement with the organization (this requirement is instead moved to the criteria for conditional licensure in Section 13 of this Act); (4) it moves the requirement for the creation of identification badges from marijuana establishments to the Commissioner and permits the Commissioner to require a fee for each badge; (5) requires that employees complete training approved by the Commissioner in recognizing valid identification cards; and (6) specifies that agents of a marijuana establishment are subject to all standards and requirements of regulations adopted by the Commissioner. Section 7 of this Act removes a provision for retail store licenses that specifies that a properly registered compassion center that is issued a retail marijuana store license is considered a business registration separate and distinct from the compassion center registration. It also removes the ability for a licensee or employee of a retail marijuana store to detain and question an individual that the employee believes is under 21 years old and is believed to be exhibiting fraudulent identification to attempt to obtain retail marijuana or a retail marijuana product. Section 8 of this Act corrects a typographical error and clarifies the definition of a cannabis plant grow canopy area. Section 9 of this Act changes the criteria for social equity applicants to remove a Delaware residency requirement and add that a marijuana-related conviction or adjudication of delinquency must have been under the laws of Delaware. Section 10 adds a source of funding that the Commissioner is to investigate that may support social equity applicants. Section 11 of this Act removes a prohibition on microbusiness applicants from possessing more than 1,000 marijuana plants each month and a Delaware residency requirement. Section 12 of this Act repeals a provision allowing for the grant of a conditional license to microbusiness applicants, as in Section 13 of this Act, a new section 1345 of Title 4 authorizes the grant of conditional licenses to applicants who meet specified criteria for licensure. Section 13 of this Act makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual, prohibits the grant of multiple licenses of any type where the grant would result in the applicant or other person with a financial interest in the application owning more than one business entity of the license type, authorizes the Commissioner to grant a conditional license to any applicant, specifies criteria that must be met for the Commissioner to grant an active license, details requirements for background checks, and makes information received by the Commissioner during the application or background check process confidential and exempt from the Delaware Freedom of Information Act. Section 14 of this Act limits the prohibition on the transfer of social equity licenses to people who would not meet the criteria for the issuance of a social equity license so that licensees may transfer such licenses after three years. Section 15 of this Act adds support for social equity applicants with select business-related expenses to the list of areas for which funding from the Justice Reinvestment Fund is to be appropriated to administer grants, contracts, services, or initiatives. Section 16 of this Act makes changes to Title 30 relating to taxes on retail marijuana establishments. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual. This Act requires passage by a 3/5 majority because it authorizes the Commissioner to charge a fee for identification badges.