Rep. Ed Osienski

This Senate Concurrent Resolution designates the week of February 27 to March 5, 2023, as "Eating Disorders Awareness and Prevention Week" in Delaware and encourages the Department of Health and Social Services to research methods to raise awareness of, prevent, and treat eating disorders.

This resolution recognizes January 2023 as "National Mentoring Month" in the State of Delaware.

This Act creates a separate offense for the theft of mail, including packages, from a residential dwelling. A first offense of mail theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of mail theft, within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of mail theft is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of mail theft within the previous 5 years is a class F felony, regardless of the value of the property stolen. Where the value of the property is more than $50,000 but less than $100,000, mail theft is a class D felony. Where the value of the property is $100,000 or more, mail theft is a class B felony. Upon conviction, monetary restitution is required and a sentencing judge shall consider the imposition of community service.

This Act expands the Disabled Veterans School Tax Credit to include a deceased disabled veteran's surviving spouse. HB 214 with HA 1, passed by the 151st General Assembly, created the Disabled Veterans Property Tax Relief and Education Expense Fund. School boards are currently authorized to create a credit against school taxes for up to the full amount of school tax liability for property owned by a disabled veteran who meets certain requirements. This Act would allow a disabled veteran's surviving spouse to maintain the credit that their deceased veteran spouse was claiming if their deceased veteran spouse, immediately before death, was both claiming the credit and had not had the right to claim the credit withdrawn and the surviving spouse meets all of the following requirements: (1) Was a titled owner of the qualified property before the deceased veteran’s death. (2) Has not remarried. (3) Owns and occupies the qualified property as their principal residence. A surviving spouse is no longer eligible to maintain the credit if they do any of the following: (1) Remarry. (2) Stop being a titled owner of the qualified property. (3) Stop occupying the qualified property as their principal residence. This Act requires the Secretary of Finance, in consultation with the receiver of taxes and county treasurer, to establish a process to determine the eligibility of a surviving spouse and to allow an eligible surviving spouse to maintain the credit without disruption after the death of their disabled veteran spouse. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This 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.

At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires all law-enforcement agencies to remove all Gold Alert notifications of missing persons from all social media and all websites within 72 hours of being notified that the missing person has been located.

This bill extends the dates in which the recommendation and plan of the Redding Consortium for Educational Equity must be reviewed and acted upon by the State Board of Education. The extension is necessary due to delays mostly caused by the COVID pandemic.

The 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.

House Bill 373, passed by the 151st General Assembly, clarified that persons 14 and 15 years of age can be employed in such places where alcoholic beverages are served, but cannot be involved in the sale or service of alcoholic beverages. Currently, the Department of Labor (DOL) has a robust process for youth (those not yet 18) to apply for a work permit. Youth may not work in the state unless they have a DOL-issued work permit which is required to be kept on file with the employer. The OABCC statute requires an additional work permit. Youth must obtain two, separate work permits after going through two separate processes to obtain one job. This legislation will streamline that process for our youth, requiring them to obtain just one work permit from the Department of Labor. Additionally, this legislation will permit employees in the Office of the Alcoholic Beverage and Control Commissioner (“OABCC”) to work in any of the three counties. Sussex County is experiencing an increase in growth. The OABCC has just one licensing inspector who is responsible for performing licensing inspections for the entire state. With this change, the OABCC could create a more efficient operation to serve all three counties for those who are licensed to sell and serve alcoholic beverages in the state.