Rep. Sean Lynn

This Act requires that health insurance offered in this State provide coverage for fertility care services, including in vitro fertilization ("IVF") procedures, for individuals who suffer from a disease or condition that results in the inability to procreate or to carry a pregnancy to a live birth. This Act also requires that health insurance offered in this State provide coverage for fertility preservation for individuals diagnosed with cancer and other diseases, when medically necessary treatment could adversely affect their fertility. Like all other diseases, infertility should be covered by insurance. According to the National Infertility Association, RESOLVE, infertility affects 1 in 8 couples and 3 in 4 never obtain needed treatment, often because they cannot afford it. Everyone deserves the right to procreate and to try to build a family. Right now, many Delaware families diagnosed with infertility fall into a “coverage gap” and pay out-of-pocket for fertility care services. Only certain employers provide any fertility care coverage in Delaware and what they do provide is often very limited. Families generally must pay high co-pays or adhere to service restrictions and lifetime dollar caps that strictly limit their treatment options, and thus make it unaffordable for many of them to proceed without risking their financial security or without achieving a successful pregnancy. For example, 1 IVF cycle can cost between $15,000 and $25,000 and, on average, it takes 2 to 3 cycles to achieve pregnancy. Additionally, highly inflated managed care pharmacy prices for IVF medications, where families with coverage can pay as much as 100% more for medications compared to prices charged to self-pay families, often contribute to 25-50% or more of total IVF costs, which can quickly drain lifetime caps and severely limit overall IVF care options. According to the National Conference of State Legislatures, 15 states currently have laws regarding insurance coverage for infertility diagnosis or treatment, including 2 states that border Delaware, New Jersey and Maryland. This puts the State at a significant competitive disadvantage, as many reproductive age residents intentionally change employers and leave Delaware to gain more attractive fertility care benefits. It is also well-documented that individuals who self-pay for an IVF procedure, or have limited benefits, often demand that 2 or more embryos be transferred to their uterus. This greatly increases the risk of multiple births and is a dangerous and costly approach for heavily burdened health care resources, and can be completely avoided with greater access to covered fertility care services. Studies show that states with insurance coverage have a lower rate of multiple births because fewer embryos are transferred. This Act requires insurers to cover fertility care services based on the current standard of care for IVF treatments to achieve pregnancy success rates for singleton births at the lowest possible costs. This will greatly reduce the risk of multiple births and greatly reduce hospital and health care costs, thus saving employers money. Several recent studies have found that the cost of perinatal and neonatal care for twins is about $100,000, whereas singleton pregnancies cost about $13,000. Triplet pregnancies can cost $400,000 or more. For every 100 pregnancies from IVF that are singletons but could have been twins, about $8.7 million dollars is saved, on top of reduced pain and suffering for parents and premature babies. This Act would significantly reduce this high financial and societal burden by promoting IVF technologies that use single-embryo transfers. This Act could increase the number of persons treated for infertility, but also increase the number of babies born in Delaware by 2-300 per year, thus increasing the state’s birth rate by 1-2% and providing a boost to the local economy, while also decreasing health care costs.

This Substitute Act implements certain recommendations adopted by the Lottery & Gaming Study Commission in 2015 and the Video Lottery Advisory Council in 2017, in recognition of significant changes in the regional gaming marketplace and the State’s desire to remain competitive in the face of a proliferation of gaming venues in neighboring states. This Substitute Act adjusts the revenue sharing model in a way that ensures that the State continues to benefit from video lottery proceeds, ensures continued employment and horse racing at the State’s three video lottery facilities, and ensures that the video lottery agents will be able to reinvest capital in their facilities, market their facilities, and maintain their high standards of customer service. Effective July 1, 2018, this Substitute Act does all of the following: 1. Reduces the State’s share of gross table game revenues from 29.4% to 15.5%. 2. Suspends the table game license fee due June 1, 2019, and continues to suspend the fee in subsequent fiscal years if each agent increases expenditures on marketing, wages, and benefits by its pro rata share of the license fee. 3. Increases purses for horsemen by 0.6%, phased-in over two years. 4. Reduces the State’s share of gross slot machine revenues from 43.5% to 41.5% or 42.5% to 40.5%, as applicable, with additional reductions of 2% possible for each video lottery agent starting with the fiscal year beginning July 1, 2019, based on qualified capital expenditures reaching 3% of video lottery net proceeds. The Substitute Act also removes the prohibition against video lottery agents operating on Christmas or Easter. The Substitute Act differs from the Act with respect to the increases in purses for horsemen, a revised basis upon which to calculate the State’s share of gross slot machine and table games revenues, and requirements for video lottery agents to increase capital expenditures, marketing, wages, and benefits to continue the suspension of table game license fees and receive additional reductions in the State’s share of video lottery net proceeds. Sections 2, 5, and 6 of this Substitute Act are drafted to amend the law in effect at the time the changes are to take effect.

This Act permits wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers so long as it is done through a common carrier with a carrier permit. This Act requires that wine producers pay the taxes normally due for wines; limits the amount of wine that a direct shipper of wine can sell to a single household to 3 9-liter cases per year; and limits the total amount of wine that the direct shipper of wine can ship directly to Delaware consumers to 1,800 9-liter cases annually. This Act requires the signature of a person 21 years of age or older before delivery of the wine and to receive training regarding how to deliver wine responsibly.

The Act made changes to motor vehicle franchising practices, by doing the following: (1) Prohibiting a new motor vehicle manufacturer from recovering its costs for compensating its dealers for recalls or warranty parts and service by reducing the amount due to the dealer or imposing a charge. (2) Establishing the process for and method of compensating a dealer for a recall related to a used motor vehicle. (3) Providing a process by which a dealer may protest a franchise termination with the Public Service Commission. (4) Protecting consumer data. (5) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act incorporates these changes and makes an additional change to § 4903(b) of Title 6.

This Act permits private sector labor organizations and employers to enter into union security agreements to the full extent allowed under federal law.

This Act provides a post-2011 employee who relied on misinformation that the employee would have a vested right to a reduced pension if the employee can prove, by a preponderance of the evidence, that the employee: (a) Was employed by a non-State employer. (b) While employed by a non-State employer, the employee vested in a pension plan that would pay the employee a greater amount than the employee projected to be payable to the employee as a post 2011-employee, based on the employment under which the employee first became a post-2011 employee. (c) But for the employee’s reasonable understanding that the employee would vest in a pension as a pre-2011 employee, the employee would not have resigned from employment with the non-State employer. Under this Act, the Board of Pension Trustee’s Executive Secretary makes the determination whether a post-2011 employee qualifies for a pension as a pre-2011 employee, and Executive Secretary’s determination is appealable to the Board. If the Executive Secretary determines that a post-2011 employee has met the standard for vested in a pension as a pre-2011 employee, when the employee has 5 years of qualifying credited service and is 62 years or older, the employee is eligible to receive a pension that is reduced by 4/10 percent of each month the employee has less than 15 years. This Act takes effect January 1, 2019.

This concurrent resolution recognizes the achievements and efforts of the staff of the Delaware Division of Historical and Cultural Affairs, who worked to earn accreditation from the American Alliance of Museums for Delaware’s state museums and collections, the highest recognition afforded to museums in the United States.

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: 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 this chapter 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 Division of Marijuana Control and Enforcement in the Department of Safety and Homeland Security. The powers and duties granted to this Division are substantially the same as those in Title 4 creating the Division of Alcohol and Tobacco Enforcement but revised to conform to the standards of the Delaware Legislative Drafting Manual. This includes the identical 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 Delaware Economic Development Office 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 provides the Marijuana Commissioner 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. 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. Localities have the ability to license and set rules for marijuana establishments. The procedure for appeals and grounds to deny a license are the same as for applications to sell alcohol under Title 4, except that instead of prohibiting someone with any substance abuse felony from obtaining a license, the language from § 4902A(7)(b) of Title 16, is used, permitting an exception if the conviction and sentence served was 10 years or more in the past or the conviction was for something that would be legal under this Act. Subchapter IV creates the Marijuana Regulation Fund. This fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates an excise tax on marijuana and apportions the revenue as follows: first to the administrative costs and expenses of the Division of Marijuana Control and Enforcement and then, of the amount that remains, 20% to the Department of Education, 10% to the Department of Health and Social Services for distribution to nonprofit organizations to address barriers to reentry for communities that have been disproportionally affected by past federal and state marijuana prohibition policies, 10% to the Department of Health and Social Services for use in evidence-based, voluntary programs for the prevention or treatment of alcohol, tobacco, and marijuana abuse, and 10% to the Department of Health and Social Services for a public education campaign educating youth and adults about the health and safety risks of alcohol, tobacco, and marijuana. Section 5: 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 6: Provides that the initial regulations required under this Act be adopted not later than 9 months after the effective date of this Act.

This bill was previously recommended by the Joint Sunset Committee in the 147th General Assembly. The bill adds appointed members of the Cash Management Policy Board to the definition of “public officers.” This designation would subject the appointed members of the Board to annual financial disclosure requirements.

This legislation increases access to Delaware's existing community solar program by expanding geographic eligibility requirements of the program. The legislation also ensures 15% of all community solar facilities provide savings to low-to-moderate income households, and enables community solar facilities to reach 5 megawatts in size, which will maximize solar savings and grow the number of homes that can subscribe to a program.