Rep. Sean Lynn

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 concurrent resolution requests that the Department of Education provide information on the current mental health care workforce within Delaware schools and what progress is being made to meet ratios established in HB 100.

This Act creates the Office of Corrections Ombudsperson (Ombudsperson or Office) within the Department of Justice. The purpose of the Ombudsperson is to do all of the following: 1. Provide information to inmates and their families. 2. Promote public awareness and understanding of the rights and responsibilities of inmates. 3. Identify systemic problems and recommend solutions. 4. Ensure compliance with relevant laws, rules, and policies pertaining to correction facilities, services, and treatment of inmates. Under this Act, the Ombudsperson may investigate and attempt to resolve any situation if the health, safety, welfare, or a right of an inmate of the Department of Correction (Department) may be adversely affected by any of the following: 1. Abuse or neglect. 2. A Department decision or administrative action. 3. A Department inaction or omission. 4. A Department policy, rule, or procedure. 5. A violation of law. The Ombudsperson may not investigate a complaint relating to an inmate’s underlying criminal conviction or complaints from employees that relate to their employment relationship with the Department, unless the complaint is directly related to the health, safety, welfare, or a right of an inmate. An individual may file a complaint with the Ombudsperson whether or not the individual pursued resolution of the complaint through the internal grievance, administrative, or appellate procedures within the Department. The Ombudsperson shall treat all matters under investigation, including the identities of recipients of Ombudsperson services, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the Ombudsperson to perform the duties of the Office and to support any recommendations resulting from an investigation. To the extent the Ombudsperson reasonably believes necessary, the Ombudsperson may reveal information obtained in the course of providing Ombudsperson services for any of the following purposes: 1. To prevent reasonably certain death or substantial bodily harm. 2. To prevent the commission of a crime. 3. To report an alleged commission of a crime to the appropriate law-enforcement agency. At the conclusion of an investigation of each complaint, the Ombudsperson must issue a public decision on the merits of the complaint, but the public decision must not contain documents that are confidential, including personnel matters. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes an employee of the Department or the Department, the Ombudsperson shall consult with the Department, and as appropriate, that individual or contractor. While the Law-Enforcement Officers’ Bill of Rights (LEOBOR) does not cover correctional officers or employees of the Department, this Act provides that if a provision of this subchapter conflicts with LEOBOR, the requirements of this subchapter apply. The Ombudsperson may request to be notified by the Department, within a time specified, of any action taken on any recommendation presented. The Ombudsperson must notify the complainant, and the inmate if the inmate is not the complainant, of the actions taken by the Department in response to the Ombudsperson’s recommendations. This Act provides that a Department employee may not be subject to disciplinary action based solely on an investigation under this subchapter if the individual’s conduct was in compliance with Department policies and procedures at the time of the conduct. This Act also requires that the Ombudsperson produce an annual report that contains all of the following: 1. The number of complaints received and the number of complaints resolved. 2. A description of significant systemic or individual investigations or outcomes achieved by the Ombudsperson during the prior year. 3. Any outstanding or unresolved concerns or recommendations of the Ombudsperson. 4. Input and comments from stakeholders, including the Council on Correction, regarding the Ombudsperson’s activities during the prior year.

This Resolution expresses the General Assembly's strong support for the Delaware State University Women’s Lacrosse Team, and condemns the actions of the Liberty County Sheriff’s Office in Hinesville, Georgia against the Women’s Lacrosse Team. The Resolution further urges the Governor and General Assembly of Georgia to condemn the actions of the Liberty County Sheriff’s Office, and to take measures to hold those responsible accountable, including providing training and instituting a policy against profiling based on race, ethnicity, religion, or gender.

This Act, known as the James Johnson Sentencing Accountability Act, named for Representative JJ Johnson, makes significant changes to sentencing accountability in Delaware. Section 1. This section repeals the provisions of Title 11 that created the Sentencing Accountability Commission. Section 2. This section establishes the Delaware Sentencing Accounting and Guidelines Commission. This Act places the Commission within the Criminal Justice Council to give the Commission the staff and support it needs to effect its purpose. The Commission has 11 voting members, many of whom are already represented on the current sentencing commission. There are also 6 non-voting ex-officio members which include all entities in the criminal justice system. The Commission must meet at least 6 times a year and 6 members constitute a quorum. The Commission shall hire an executive director and additional personnel that are necessary to fulfill the responsibilities of the Commission. During the first 2 years, the Commission must review the existing sentencing guidelines and statutory penalties for each criminal offense and promulgate new sentencing guidelines. The sentencing guidelines shall be the presumption in the sentencing of offenders. The guidelines will provide for a range of incarceration terms that are sufficiently narrow and proportionate to the crime. The guidelines shall also set forth a nonexclusive list of aggravating and mitigating factors. The guidelines will also provide bases for a departure from the presumptive sentence. The goal of the guidelines is to encourage judges to individualize sentencing decisions. By December 1, 2024, the Commission must submit to the General Assembly, the Governor, and the Chief Justice a report of its activities for the first 2 years. This report shall include sentencing guidelines which must first be submitted to the Chief Justice, and then to the General Assembly for final approval by joint resolution. Thereafter, beginning on January 1, 2026, and every 2 years thereafter, the Commission shall submit a biannual report including any revisions to the sentencing guidelines to the Governor, the Chief Justice, the Speaker of the House and President Pro Tempore. The revisions will take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session. The Commission will also develop, in conjunction with the Department of Correction, a community corrections strategy which will consider the existing community corrections programs within the State, the number of offenders, the level or resources, and the effectiveness of community corrections. The Commission will also work with the Department of Correction to develop a correctional-population model to project the future impact on the criminal justice system including the courts and Department of Correction. The Commission’s continuing responsibilities include revising the sentencing guidelines as needed, preparing a yearly correctional-population projection, data collection that tracks criminal cases through the court system and, investigating the existence of possible inequities and the corrections systems across population groups, such as groups defined by race, gender ethnicity and geographic location. Every 5 years, the Commission shall perform an omnibus review of the sentencing system. Section 3. This section provides that until sentencing guidelines are in effect under this Act, the current sentencing guidelines will remain in effect. Section 4. This Act is known as the “James Johnson Sentencing Accountability Act”.

This Act, the Healthy Delaware Families Act, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks of paid family and medical leave through the State's paid leave trust fund for a qualifying event, including for the following: (1) To address a worker's own serious health condition. (2) To care for a family member with a serious health condition. (3) To bond and care for a new child. (4) To address the impact of a family member's military deployment. This Substitute to Senate Bill No. 1 differs from Senate Bill No. 1 with regard to the eligibility determination process, covered relationships, length of leave, forms of leave covered, cumulative leave, eligibility criteria, implementation timeline, appeal process, departmental powers, and not requiring participation from certain smaller businesses. This Substitute differs from Senate Substitute No. 1 to Senate Bill No. 1 by making technical corrections, clarifying intent and providing greater statutory detail with regard to appeals, coordination of benefits, definitions, private plans, and departmental powers, and providing temporary flexibility regarding implementation.

The Department of Services for Children, Youth and Their Families (DSCYF) is charged with providing transitional and independent living services for youth ages 14 to 21. The Division of Family Services (DFS) contracts for case management services for youth ages 16 to 21, with services designed to promote self-sufficiency and responsible living for young adults who are aging out of foster care. Participants receive life skills training and personal development, mentoring, tuition assistance, and support with transitional housing. Participants may also qualify to receive needs-based stipends through ASSIST (Achieving Self Sufficiency & Independence through Supported Transition) to help with living expenses. DFS recently changed the name of the Independent Living Program to the “Transitional and Independent Living Program” to better reflect the comprehensive nature of services offered to youth. This bill updates references to the program to include “transitional” and independent living services. During the COVID-19 pandemic, the federal government provided additional funding to support young adults who were eligible for independent living services until age 27. The intent was to provide additional support for youth and mitigate the impact of the pandemic on their housing and employment status. DFS exercised this additional funding authority via a mandatory directive from the DFS Director. While the mandatory directive provision expanding services expired in October 2021, DFS decided it would continue providing independent living services for youth until age 23 because of the success observed on behalf of youth. This mandatory directive provision will expire in September 2022, and this bill will grant DFS the statutory authority to continue providing transitional and independent living services for youth until age 23. Expanding independent and transitional living services from age 21 to age 23 better aligns with case management requirements of housing assistance programs, will support youth with transitioning from post-secondary education programs into the workforce, and will help maintain a longer connection to youth required to complete federal reporting for DFS.

This Act responds to the promulgation of final federal regulations, 85 FR 74010, for state-sponsored savings programs under section 529A of the Internal Revenue Code, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (“ABLE”), through which contributions may be made to the account of an eligible individual with a disability to meet qualified disability expenses. The federal regulations, among other things, resolve questions related to who may establish and exercise signature authority over an ABLE account. The final regulations clarify that an eligible individual with legal capacity may delegate signature authority to any other person and provide a hierarchy of persons who may establish or exercise signature authority over an ABLE account for an individual without legal capacity. The final regulations also clarify that expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses. The Act makes changes to Chapter 96A of Title 16 of the Delaware Code for the sole purpose of conforming the Code to these aspects of the final regulations.

All three counties in Delaware have been plagued with thefts of catalytic converters, which contain precious metals having significant monetary value in the scrap metal industry. This Act adds catalytic converters to the list of items for which scrap metal processors shall create a record and provide information when acquired. Amending Section 24(b)(1) to specifically include catalytic converters as items that the industries regulated by Chapter 23 must report will enhance enforcement of this Chapter and assist law enforcement by providing a mechanism to follow-up on thefts of converters and to obtain solvability factors in the ever-growing trend associated with thefts of converters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Senate Concurrent Resolution proclaims April 2022 as "Second Chance Month" in the State of Delaware.